Permit to build a house on your own site: where and how to issue? Term of issuance and validity of a building permit

A permit to build a house on your own plot is one of the most important certificates from the IZHS documentation package. Without such a security, the bank may refuse to provide loans for housing construction, and the construction of the house itself will be in danger of disrupting the construction.

IZHS: features of obtaining a permit

Having owned a land plot, each of the owners sooner or later thinks about organizing individual housing construction (for example, a 2-storey building).

Having made such a decision, take into account the type of the existing document permitting construction on the site, the area and location of the land plot. In no case listen to those who are trying to mislead you - the permission to build a house on your own plot must be in the hands of the landowner without fail. If you do not believe empty words, contact a specialist who will advise you on all your questions. Naturally, without such a document, the house is amenable to registration and commissioning, but how then to connect to utilities is already a question.

IZHS normative documents

The list of such documents includes the Urban Planning Code, the articles and norms of which should be guided by when planning the start of the construction of living quarters.

A permit to build a house on your own plot, it would seem, is a simple sheet of paper, but it is its presence that confirms the compliance of the package of design documentation with the site plan and the boundaries of the bordering of neighboring plots (in the case of construction or reconstruction of a linear facility).

In the presence of such a document, the owner can carry out any construction and reconstruction work with the object.

Authorities issuing IOL permits on their own territory

Don't know where to get a building permit for a private house? By contacting the government authorities listed below, you can get the required document:

Representation of local self-government of the region, which is subordinate to the land allotment.
The Ministry of the Use of Natural Resources and the Environment of the Russian Federation and the bodies of its subordination in the case of work related to the use of natural bowels of the earth.
Federal Department of the Service for Supervision of the Environmental, Technological Atomic State in the event of the use of atomic energy sources at the facility.

If you need a complete list of bodies and departments authorized to issue permits for the construction of a house on your own site, you can familiarize yourself with it by flipping through the Town Planning Code. In 99% of IZhS cases, the above cases do not occur, but it is still better to be aware of such information.

Construction started without permission: what to do?

If it so happens that the construction of a residential building began without the presence of an appropriate building permit (IZHS), stop panic. From 01.03.2018, an instruction comes into force regulating the effect of the simplified registration procedure. Although the presence of a document allowing the construction of a house is still welcome, and here's why:

if you plan to take funds from a bank for the purpose of building your own home, the credit institution will require, along with a package of necessary documents, to provide a building permit (IZHS);
when carrying out construction on a summer cottage, when connecting to a gas supply system, you will have to provide an issued and valid permit.

Documentation procedure for construction work

Documents for obtaining a permit to build a house on the site can be obtained by directly contacting the appropriate institution.

Prepare documents to obtain permission. It:

papers confirming the ownership of the site with you as an applicant;
town planning plan of the land plot;
a copy of the document confirming the identity of the person who applied to the authority;
power of attorney (required when documents are submitted for consideration by a representative of the owner's interests);
a package of project documentation containing an explanatory note, a sheet with information about the arrangement of engineering networks, a layout of buildings, a plan for dismantling capital structures that were rebuilt on the site earlier;
if the project documentation of the capital construction object is subject to examination, attach a positive opinion on the package of papers specified above;
cadastral plan of the site;
in case of issuing confirmation of project documentation by non-governmental authorities, additionally provide a certificate of the legal entity's right to conduct such an examination.

Having written a statement and prepared a full package of documents, hand them over to the representative of the authorities authorized in your matter. The term for consideration of the application is 10 working days. During this period, state authorities check all the papers provided and check the package of project documentation for the site, where low-rise residential construction is supposed to be with the requirements put forward in the articles of the Town Planning Code. As a result, the authorities announce the adopted decision:

Refusal to issue a permit.
Confirmation of permission for individual housing construction.

The document is issued free of charge. Payment of the state duty in this case is not provided. The applicant can appeal against the verdict in court.

10 days is the issuance period and the validity period of the building permit is 10 years. After receiving the document in hand, within 10 days, the developer undertakes to provide the authorized bodies of municipal administration with documentation on engineering surveys, the number of floors, and the total area of the building.

In what cases a building permit can be omitted

The law provides for cases that do not require the mandatory receipt of a building permit (meaning a house project, drawn up taking into account the building rules). For example:

When building a garage, if the owner is not going to engage in any type of business.
When you need to build farm buildings for gardening or truck farming.
Construction of structures that do not belong to the group of capital buildings (kiosks, pavilions, etc.).
In the construction of premises of secondary importance.
In the case of structural changes to objects or their components, if this does not entail significant changes.
In other cases, regulated by law.

Subtleties of registration of property rights to IZHS objects

The Rossreestr is responsible for carrying out such a procedure. You already know how much a building permit for a private house costs. It remains to clarify how much the ownership of the object will cost. This service costs between 350-400 rubles.

What do I need to do to register?

First of all, collect a package of documents, which includes:

When registering and fixing information about an object in the USRR, provide a package of documents with:

application for registration of rights;
a power of attorney for a representative;
a copy of the applicant's (owner's) passport;
a receipt confirming payment of the state duty;
cadastral passport of the land (real estate object).

In another case, when the registration has not been legally previously made, prepare the documents. The package includes:

a statement written on behalf of the owner;
land cadastral passport;
copy of the passport of the person submitting the application;
check for payment of state duty;
power of attorney for a representative;
documents confirming the ownership of the land plot;
document confirming the location of individual housing construction within the agreed plot of land.

Documents, as a rule, are considered within 10 days from the date of their submission.

As a result of consideration, a final decision is made:

confirm the issuance of a certificate of ownership of the IZHS object;
confirm the issuance of a document certifying the ownership of the land allotment (if registered);
if the registration is in the process, and the information about the site is not listed in the State Register, they adopt a resolution on early registration or refuse to issue the agreed documents.

When a building permit becomes illegitimate

As mentioned earlier, the period of validity of the permit is maintained throughout the entire construction period and, if necessary, can be extended after the decision of the authority. In the case of individual housing construction, the document is issued for a period of 10 years. The Town Planning Code lists a number of conditions upon the occurrence of which this document becomes invalid:

In case of compulsory termination of property rights, including the seizure of a land allotment for the purpose of transferring it to the balance of the state.
When the owner waives the ownership of the site.
Upon termination of contracts on the basis of which the title to land was formalized.
Upon termination of the rights to use subsoil, if its authenticity is a necessary component of the package of documents for individual housing construction.

The authorities issuing documents for the ownership of the property have the right to revoke them by making a decision to revoke a building permit. It is accepted based on:

documents confirming the expiration of the owner's rights to use the site;
notifying the authorized bodies of the expiration of the term of the permit for the use of subsoil.

Obtaining a permit for individual housing construction: what else do you need to know?

As practice shows, it also happens that during the construction process, the site passes from one person to another. What to do in this case: renew the building permit or leave everything as it is?

Do not reissue, it is not necessary. In case of transfer of the rights to the real estate object into the ownership of another owner, the permit remains valid if its term does not expire.

If the following cases, namely, division, merger, allocation do not occur, then construction can be continued at the facility in accordance with the current permit, only in this case it will be necessary to obtain a new town-planning plan of the site.

When buildings are to be demolished

As you remember, it was mentioned above that construction that does not imply the construction of capital buildings does not require a permit for individual housing construction. Guided by this procedure, some enterprising owners decide to build a store, discarding the assumption that such a building is nothing more than an object of capital construction. What are the actions on the part of the judicial authorities in the event of such a case? A decision is made to demolish an object that was erected illegally.

Sometimes non-compliance with the terms of the contract or the rules stipulated in the permit is observed at the initial stages of work even before the building is put into operation. In the course of authorized inspections by authorized bodies in 12% of cases, the fact of construction without a package of permits is revealed. In this case, the owner is reprimanded with an order to eliminate the existing shortcomings, and the process of building a house (2-storey or any other) is temporarily frozen.

Advantages and disadvantages of IZHS - a permitted form of construction on a land plot

Those who own land plots suitable for individual housing construction have the following advantages:

Land plots of this type are constantly involved in government programs that support individual housing construction.
Such owners are independent of other people, unless the land has multiple owners.
On such a site, you can easily build a full-fledged residential building without worrying about the need to re-qualify a land plot from one category to another.
The owners can be registered at this facility and have the opportunity to use the full range of services of social institutions (hospitals, schools, etc.).

So are there pitfalls in individual housing construction? On the one hand, everything is beautiful, on the other, not everything is as smooth as it seems at first glance.

Individual low-rise housing construction implies the construction of capital buildings - houses with a height of no more than 3 floors, intended for cohabitation of no more than one family. The construction of multi-storey buildings or townhouses on such sites is prohibited by law and is not permissible.

Now you know where to get a permit for the construction of a private house and, of course, it will take time and human resources to carry out such a procedure, but the absence of the necessary document in the future can be much more expensive. Therefore, in order to avoid problems, it is better to take care of the availability of permits in advance, then you can live in peace.