Nowadays, many people are purchasing plots of land with the intention of building their own there. Vacation home, and often the question of a building permit may arise.

Many newly built properties are demolished due to lack of permission; this may be due to the purpose of the site and the characteristics of the house itself. A self-construction is any structure: a house, outbuildings, etc., that were erected on lands not intended for this purpose; in this case, it will never be possible to register ownership of the building.

People are starting to contact various offices that will help in obtaining the necessary papers, but not in all situations it is necessary to go to these offices, because for certain types of land permission is not required at all.

How to obtain permission to build a house on your own site?

For a construction company, a permit is required; in its absence, a fine may be imposed, and if construction continues, they will be imposed as many as necessary, because there are no restrictions on fines.

In order to build a house on your site, you will need to obtain a permit from the local government.

To do this, submit an application with attached documents, such as:

• Site plan;
• Documentation for the allocation of territories;
• Scheme of the site indicating the future building.

After submitting the application, you need to wait two working weeks, during which time specialists will check the documents provided and you will be able to obtain permission.

How to obtain permission to build a house on an individual housing construction plot?

The abbreviation IZHS stands for individual housing construction. These lands are intended for the construction low-rise buildings and other buildings, as well as housekeeping in the local area.

Before issuing a permit, the competent authorities are guided by the area, location and other features of the site. This document is issued by the local administration.

To submit documents, you will need to contact the competent authority dealing with this issue or the MFC with the following documents:

After submitting all documents, you will have to wait ten days while the authorities reconcile all the papers. They can make either a positive decision or a refusal.

If the issuance of a document is refused, this decision can be appealed in court.

The procedure for obtaining a permit is free, and you do not have to pay a state fee for it.

The permit is issued for a period of ten years.

Construction of individual housing construction is provided separately standing house, it should not exceed a height of three floors, and it should not accommodate more than one family.

How to obtain permission to build a house on a private plot?

Private household plot means personal subsidiary plot; lands of this type are divided into agricultural (building on them is strictly prohibited) and lands located within the boundaries of populated areas (in these places construction is permitted).

Before submitting documents for a permit, you will need to obtain a technical and engineering project, which establishes the timing of installation work.

It must be agreed upon and approved by the following bodies:

• Fire safety;
• In Rospotrebnadzor;
• In public utility services.

It is also necessary to register the site, for this you will need the following documentation:

• Copy of the passport;
• Statement;
• Title documents for land;
• Site plan.

This documentation must be submitted to the municipal authority to which the land belongs.

To obtain permission, you need to submit the following package of documents to the administration:

• Cadastral passport of the site;
• A document from self-government bodies confirming the allocation of this site for further construction;
• Site plan;
• Documents confirming the rights to the site;
• An act defining the boundaries of the site and indicating the location of the future building.

After reviewing all the documentation provided, the administration issues either a permit or a refusal. If the answer is yes, then a home ownership project document will be issued.

Site plan

The urban planning plan (GPZU) is a mandatory document for obtaining a building permit. All documents are submitted to the architecture department; it will take about a month to review them and prepare a plan.

Required documents to obtain a site plan:

All documentation is submitted in the form of notarized copies; originals cannot be submitted, because All submitted papers are not returned to the owner.

The urban planning plan displays the following information:

• Site boundaries;
• Instructions on permitted types of buildings and their purposes;
• Requirements for the placement of future construction;
• Communication information;
• Information about the possibilities of redistribution of the site.

The architecture department may also refuse to receive a plan.

This may happen for the following reasons:

• Inaccurate information in the actual description of the site;
• The submitted documentation has expired;
• The documents have errors in their design or the submitted documentation package is not complete;
• Title documents do not comply with legal requirements.

The refusal must be received in writing, it can be appealed in court or you can resubmit a complete package of documents that meets the requirements.

Where can I get permission?

It is advisable to obtain a permit for the construction of a house immediately after purchasing the land. To obtain it, you must go to the administration, MFC or municipality with all the necessary documentation. It is also possible to submit documents electronically. Before issuing a permit, the competent authorities will check the entire package of documents, after which a decision will be made.

Where is the permitting documentation issued?

For getting urban plan and topographic survey, you must contact the architecture department; a cadastral extract is issued by Rosreestr. And you need to go to your local municipality to get permission.

When is permission not required?

The legislation provides for cases when permission is not required:

Termination of the permit

The legislation provides for cases in which the permit ceases to be valid:

• When land is forcibly confiscated from the owner.
• If the owner gives up rights to the land.
• Upon termination of the contract on the basis of which the ownership of the land appeared.

After a month has passed from the date on which the rights to the land plot ceased, the authority that issued the permit revokes it and Rosreestr is notified about this.

In what cases may permission be denied?

The persons responsible for issuing the permit will first check the submitted documents, then for compliance with the urban planning plan and the plan for the construction of individual housing construction. If all documentation is available and meets all necessary requirements, then the permit will be issued within the period prescribed by law.

The competent authorities may refuse to issue a permit in the following cases:

If a decision is made to refuse, the executive authorities must issue a motivated paper indicating a justified reason. This decision can be appealed in court and a written refusal will be the main argument in court proceedings.

Transferring permission to others

When buying or selling a plot of land with unfinished or not yet started construction, in this case the permit will be valid for the new owner of the land, because it is not issued to an individual, but directly to the construction site itself. You just need to notify the administration in writing that the land now belongs to another person.

If the site for which a building permit has been received is subject to redistribution, construction can continue, but it is necessary to obtain a new urban plan for the existing site.

Conclusion

In many cases, people do not receive permission to build a house due to lack of time to go through the authorities and collect the necessary papers.

Obtaining a permit entails certain costs, but without this document, problems may arise with putting it into operation, or the construction may be considered illegal, and it will be impossible to make transactions with it, and as a result, the building will be demolished at the expense of the person who built it.

In addition to demolition, a fine may be imposed. If, when carrying out work in special regime zones, material damage was caused or important communications were damaged, in these cases they may be held criminally liable. To avoid unpleasant consequences Everything must be done according to the law and care must be taken to obtain a permit in advance.

If a transaction is carried out with a built object on the site, it is necessary to find out whether this structure is legal or not. To clarify the issue of a permit, you need to contact the authority dealing with these issues. If there is a register of issued permits in a given area, then it is possible to contact them there.

In the case when a house is built without permission, in order to legalize it, it must meet certain conditions: the plot and the building must belong to one person and he must have all the supporting papers; during construction, construction standards and the rights of other persons were not violated; the house is not dangerous to life and health. If these conditions are met, the opportunity will arise to legitimize the building.

Dmitry Balandin

Real estate specialist. Author of publications on mortgage issues, maternity capital, purchases and sales of apartments. Consults on legal issues related to HOAs and housing and communal services

In most cases, the construction of a private house inevitably involves the preparation of various documentation. In addition to project development and engineering support, the owner of the future home will also need a permit for individual housing construction (IHC), which grants the right to maintain construction work, reconstruction and major repairs of buildings on the land plot owned by him.

Many land owners ignore receiving individual housing construction (its availability is rarely checked), but the amount of the fine for illegal construction buildings according to the Code of Administrative Offenses can reach seven thousand rubles. Having spent just a couple of weeks on registering individual housing construction with local authorities, you can forget about administrative penalty for illegal construction.

Please note that you can on our website.

Is it always necessary to obtain a building permit?

Article 51 of the Town Planning Code of the Russian Federation states that permission to carry out repair and construction work may not be obtained in cases where:

• Temporary and outbuildings.
• The house is undergoing cosmetic renovations.
• Major renovation the house does not provide for the redevelopment of premises and the demolition of main walls.
• As a result of the modernization of facilities, the established limit parameters will not be exceeded.

Permission to individual construction is not required even when the outbuildings being erected (bathhouse, garage, barn) will not be used for commercial purposes. This definition also includes guest houses, but only if the construction is not large-scale. In other cases, permission will still have to be obtained.

What objects are permits issued for?

Permission for individual housing construction provides for the construction only of those objects that are included in a separate category town planning regulations. If the object does not fall under the established rules, then the owner of the site must obtain, for example, a permit for capital construction.

Regulated minimum for object parameters

In order for the owner of the site to obtain permission for individual housing construction, the designed structure must meet certain parameters:

• Have at least one living room with an area of ​​at least 8 square meters. m for a bedroom and 12 sq. m for the living room;
• Have a separate bathroom (bathroom width from 1.5 sq. m, toilet width from 0.8 sq. m);
• Corridors with a width of at least 0.85 m;
• The height of the main premises is at least 2.7 m;
• Kitchen area from 8 sq. m if it has an autonomous heating boiler.

The building itself must be at least 5 m from the red line of the streets and 3 meters from the boundaries of passages and adjacent areas. The house must be fully equipped with engineering and technical communications: water supply, sewerage, electricity, ventilation, heating, drainage.

A more detailed classification of buildings under construction and the requirements for them is given in the section “Building design” 55.13330.2011 SNiP. If the building partially does not comply with the requirements of housing construction, the procedure for issuing a building permit may be changed.

In addition, the building must be linked to the land plan included in the general zoning map. The requirements of the regulations do not apply only to objects related to cultural monuments or located on the territory of public use or natural resource extraction.

Types of buildings according to urban planning regulations

The Civil Code of the Russian Federation gives following definition individual housing construction objects. These are free-standing capital buildings with a height of no more than three floors, designed to accommodate one family. The connection of extensions and attics to the main building is regulated by the requirements of urban planning regulations. Permission for an extension is not required only if it does not violate the structure and does not go beyond the red line of the main building. During the construction of such free-standing objects as summer kitchens, holiday houses, guest and manor houses, each case is considered individually.

Where can I get permission to build a house?

If the designed building fully corresponds to the category of residential construction, then there should not be any special problems with issuing a permit for individual housing construction. Where to apply for permission?

Local authorities

To obtain permission, please contact city ​​administration or village council and write a statement. Depending on the location of the facility, the application form may vary slightly and you should be given the appropriate form.

The following documents are attached to the application, drawn up according to the established template:

• Order of the head of the local administration on the allocation land plot under individual development to its current owner.
• Detailed site plan.
• All project documentation - general and situational plans, land plot passport, residential building design.
• Expert opinion state examination about the quality of the provided project documentation.
• Permission to go beyond the red line of the building during the planned construction of extensions that violate the maximum parameters of the building.
• License to carry out construction work during contract construction.

After collecting all documents and submitting the application, it is accepted for consideration. Despite the completeness and availability of complete accompanying documentation, in some cases the owner of the site may receive a refusal to develop. The reason for refusal must be justified. It is also possible to obtain permits for individual stages of work: laying the foundation, excavation, construction of walls and others.

Is design documentation always needed?

Part 3 of Article 49 of the Civil Code of the Russian Federation states that the preparation of design documentation for individual housing construction projects is the personal initiative of the owner of the site (developer). This means that design documentation will not be required when constructing a building with a height of no more than three floors intended for single-family residence.

Actions of the developer after receiving permission

After the permit is issued, the developer (site owner) must provide all required data about the construction project to the local government authorities no later than 10 days. To register a construction site, it is necessary to indicate the number of storeys of the building, its area and height, the connection diagram for utility networks, and the layout of the plan.

The permit for individual housing construction is valid for ten years with its subsequent extension if construction work begins at the time of expiration. It should be remembered that in order to renew a document, you must submit a corresponding application no later than two months (sixty days) before the expiration of the current order.

A few important points

IN Town Planning Code The main points that you should pay attention to when obtaining permission for individual housing construction are also indicated:

• Local authorities must consider the developer’s application within no more than 10 days from the date of its submission;
• The permitting procedure is completely free;
• The developer has no right to demand any additional documentation not provided for by the Civil Code of the Russian Federation;
• Refusal to issue a permit is permissible only if the developer submits an incomplete package of accompanying documentation or incorrect data;
• A change in the owner of a land plot in no way affects the validity of the permit for individual housing construction and does not cancel it.

As a result of all of the above, the conclusion suggests itself that obtaining permission for individual housing construction is not so difficult, especially since this will allow you to protect yourself from penalties from control authorities. A building permit will be a lifeline even if suddenly people start complaining about construction work. local residents or organization.

While the Law “On Dacha Amnesty” was in force in Russia, obtaining permission to home construction no one really bothered. They built a house, and then ordered a technical passport of the building from the BTI and, on its basis, registered the building as their property. But times change and the Dacha Amnesty has ended.

Now, in order to start building a house, you need to obtain permits from the relevant authorities. In fact, the procedure is simple and doable.

To understand the essence of the issue, let’s first define the terms:

Individual housing construction: Individual housing construction. This is the construction of residential buildings on the right of personal ownership by citizens themselves, with their participation or at their expense (regulatory document SP 30-102-99).
Individual housing construction object: a detached residential building with no more than three floors and intended for one family (GrK RF Part 3, Article 48).
Town Planning Code of the Russian Federation: legal act Federal Law regulating urban planning relations.
Permission for individual housing construction: a document confirming the compliance of the design documentation for the building with the type and plan of the site and the land surveying project.
Earth settlement (formerly called “settlement lands”): intended purpose land plots, having the type of permitted use - construction of suburban residential real estate (according to the Land Code of the Russian Federation). Only on them can you build a residential building, which can be put into operation, connected to utility networks (electricity, gas) and in which you can register (unlike a dacha or personal subsidiary farming). This information about your plot is located in the cadastral passport of the plot.
Dacha amnesty: the conventional name of a law that simplifies the procedure for privatization of dacha land plots and buildings located on them. It is not valid as of March 1, 2015, so it will not be possible to pass off a house as a dacha.

Why do you need to obtain permission to build a residential building? The building permit gives the developer:

• The legal right to build a house on this site.
• No fines for illegal construction (which, by the way, can be levied as many times as necessary throughout the construction).
• Absence of legal disputes about deviations from borders and any territorial disputes in general.
• Possibility to cash out maternity capital.
• Permanent registration and postal address.
• Technical connection to utility networks.

What are the consequences of not having a permit when building a house?

• The registration authority will not issue a document (certificate) of ownership of the built house.
• Network organizations will not connect communications (gas, electricity, etc.) and will not put the house into operation.
• Lack of postal address and registration.
• Fines for illegal unauthorized construction, including its demolition (Article 222 of the Civil Code of the Russian Federation).

How to obtain permission to build a residential building - step-by-step instructions.

Documents for obtaining permission to build a house

• An identification document (passport), or a power of attorney for a representative (if you are not going).
• Title documents for the land plot (certificate of state registration rights or agreement of lease, purchase and sale, donation, will).
• Urban planning plan of the land plot (issued by the Department of Urban Development and Architecture of the City Administration within 30 days free of charge).
• Scheme of the planning organization of the land plot (conditional drawing of the location of the future house, which you can do yourself, for example: make a copy of the second page of your cadastral passport and draw the building area on it).
• Application for a permit (to be completed on site).

No detailed design documentation ( finished house project) or masses of documents and topographic surveys is not required for the issuance of a site plan. The administration must collect them itself (Parts 9-10, Article 51 of the Civil Code of the Russian Federation)!

Who issues permission to build a residential building?

Such permits are issued by local authorities (the Administration of the area where the site is located). IN major cities You can submit an application to the Multifunctional Center for the provision of state and municipal services in your area, if there is one there. You can also send documents electronically through the Unified Portal of State and Municipal Services, but there is a rather complicated user registration procedure and the need for an electronic signature.

What is the time frame for issuing a permit to build a residential building and its cost?

• A permit (or a refusal indicating the reasons, which can be challenged in accordance with Part 14 of Article 51 of the Civil Code of the Russian Federation) is issued within 10 days from the date of submission of the application. Its validity period is 10 years. That is, you can build a house during this period.
• The permit is issued free of charge (Parts 15, 19, Article 51 of the Civil Code of the Russian Federation)!

As a result, the body may make one of the following decisions:

• refuse to issue a building permit;
• issue a building permit.

The refusal can be appealed by the applicant in court.

When is a building permit not required?

The legislation provides for such cases when obtaining a permit for individual housing construction is not required, for example:

• Construction of a garage, if the site is provided to the owner not for business activities.
• Construction on a site intended for gardening or summer cottage farming.
• Construction of a structure for auxiliary use.
• Changing construction projects or parts thereof, if this does not lead to significant changes.
• Other cases provided for by law.

Obtaining a building permit is mandatory in all cases of constructing a private house. It is impossible to avoid the procedure for obtaining this document. Only such permission is the basis for starting work.

Otherwise, the house will be recognized as an unauthorized structure and will need to be demolished. In addition, this document must be submitted to credit institution when obtaining a mortgage loan for future construction. This document is issued by local authorities. At the same time, the procedure for obtaining it is quite simple.

The cost of obtaining permission to build a private house varies significantly and depends on several circumstances. However, based on an analysis of market practice, obtaining this document will cost the owner of the land plot the amount from 15,000 to 50,000 rubles.

At the same time, the document itself is inexpensive. To do this, you just need to pay a state fee of several thousand rubles (the amount is set by regional authorities). The main part of the costs is associated with the preparation of the documents that must be submitted to obtain such permission.

What documents are needed to obtain a permit?

When applying to the local administration, the applicant must submit originals and copies of the following documents:

• Certificates of registration of land ownership or a long-term lease agreement for the site. Such documents are required; without them, issuing a permit is impossible.
• Project documentation. At the same time, in the case of the construction of a private house, the number of storeys of which does not exceed 3 levels, the project is not required. But appropriate documentation is still required.

We are talking about documents that will allow administration specialists to assess the safety of the future structure and its compliance with building codes and regulations. What is important is the number of floors, the location of the house relative to the boundaries of the land plot and neighboring buildings, as well as the material that will be used in future construction.

The preparation of such documents is carried out by professionals. And their services require corresponding expenses. Specialized firms charge according to established tariffs. As a rule, the cost of processing these documents is from 10,000 to 45,000 rubles.

It all depends on the complexity of the work. What matters is the area of ​​the house, its geometry, as well as the deadline for completing the order.

Land survey documents. They indicate the boundaries of the applicant’s land plot. With their help, the authorities will be able to ensure that construction will be carried out strictly within the boundaries of the applicant’s site.

If such documents are not available, they will have to be ordered. they are manufactured by private companies that have the appropriate permission to this type activities.

The price for preparing such documents is about 5000 rubles. But this is in the absence of disputes and difficulties. If there are any, then the cost of specialist work will increase several times.

The collected documents, together with a bank receipt for payment of the state fee, must be submitted to the local administration.

By general rule, their consideration period takes one month. After this time. the applicant will receive the necessary permission.

What determines the price of obtaining a permit?

The cost of obtaining a document largely depends on the complexity and speed of the work. Obviously, if the documents are complex and need to be prepared in a short time, then you will have to pay extra for the services.

Also, great importance has specificity to the region. The authorities of each region independently set tariffs and duties. Therefore, in different regions, the costs of obtaining a building permit will vary and vary significantly.