Is it possible to build a new house on the foundation of an old one?

Building a house even on a free plot is not the easiest thing. It’s even more difficult if there are buildings on the land plot that you no longer need, and in their place you want to build a new cottage or townhouse. Today we will figure out how to build a house on a plot that is still occupied by another building.

The situation described above is far from hypothetical; specific example. A family with three children inherited a plot of land with a house built around 1979. It would seem that this is freedom, you can do whatever you want. But, upon reflection, the couple came to the conclusion that everything is not so simple. First, what to do with an old house? It is, of course, theoretically possible to live in it: there is stove heating and electricity. But I want it better! So that there is gas, running water, a civilized heating system for the premises. And the house should be two-story, so that each family member has his own room.

The old house by no means fit into the image of an ideal family nest. Therefore, the new owners decided, it must be demolished. And put a new one in the vacant place. New questions immediately arose: demolish it completely or leave the foundation? Do I need to obtain a demolition permit? Is it any good? old foundation for a two-story new house? How to coordinate later new building with BTI? We asked real estate market experts about all this.

Down to the ground and then

First of all, you need to think about what problems might arise if you leave the old foundation and build a new building on it. Yulia Severinenko, CEO ZemAktiv company believes that it is necessary to first conduct an inspection of the old foundation. This is done by specialists who will evaluate the technical condition of the existing foundation, the properties of the soil at its base, and the suitability of the structure for future loads. As a rule, if it is, for example, a monolithic reinforced concrete foundation, which was made correctly at one time, it will be possible to erect a new structure on it from any material.

True, if the foundation was poured back in Soviet times, then it is unlikely to be in decent condition. “In 1979, no one made foundations according to modern technologies. High-grade concrete was in short supply, and few people followed the technology in low-rise construction. Based on the foundation, which has been standing for 30 years, you can almost immediately tell whether it will stand for another 100 years, or whether it has already practically “died,” says Alexander Dubovenko, development director of GOOD WOOD.

Therefore, the owner of an old house needs to decide whether to spend money on an examination of the condition of the foundation.

In addition, in any case, you need to check the documents for the land, even if you are going to build a house on the site of the old one, without changing the development plan, because, as practice shows, land and houses purchased or built before the 90s were often not registered. “From a legal point of view, to build new house on an old foundation, it is possible if the land is owned and the permitted use of the land involves the construction of a house,” explains Alexander Sergeev, legal adviser to the Volzhskie Dachas Management Company.

However, if the object was transferred by inheritance or as a gift, then problems with registration of ownership, and therefore with the disposal of this property should not arise.

Demolition or reconstruction?

Experts note that obtaining a demolition permit depends on many factors, in particular, on the nature of the supplied communications and the requirements of utility services when reconnecting them. “Therefore, in order to simplify approvals, owners often demolish a house and build a new one under the guise of reconstructing the property, or use similar schemes,” says Yulia Severinenko.

Irina Bashilova, head of the legal department of the Volzhskie Dachi Management Company, believes that it is quite possible to register the construction of a new house on an old foundation as a “major repair” or “reconstruction” of the previous house, but you need to be very careful about the process. “Substitution of concepts will be advisable only if we are talking about “major repairs” or “reconstruction”, which do not affect the structural and other characteristics of the reliability and safety of the object capital construction and (or) its parts and not exceeding the maximum parameters of permitted construction, reconstruction, established town planning regulations. Only in this case, in accordance with Art. 51 of the Town Planning Code of the Russian Federation, it will not be necessary to first obtain a construction permit, and after the construction of a residential building, a permit to put the facility into operation,” the expert warns.

Therefore, it seems that it is better to completely demolish it. an old house along with the foundation in order to build a new cottage on the vacant plot. By the way, the majority of Sobstvennik readers think the same thing: according to the results of our survey, 36% of respondents would prefer this option.

Demolish, cannot be pardoned!

Now let's see what needs to be done to properly formalize the demolition of the structure. Alexander Sergeev emphasizes that the owner of the house has every right dispose of their property, including destroying it, and if the house is registered in the cadastral register, then it will need to be removed from this register.

But first you need to carry out the actual demolition, and then contact the BTI authorities to draw up a house inspection report. “Based on the inspection report, the BTI will cancel the record of the existence of the house. After this, you need to contact the Rosreestr department with an application to make a record of the cessation of existence of the old house,” explains Maria Bondarevskaya, lawyer law firm"Yukov, Khrenov and partners."

As for the technical features of demolition, it is necessary to demolish the house itself, as well as the basement part of the foundation to ground level, since dismantling the underground part will be very expensive. “For example, you will have to drill out piles laid several meters deep, or tear up a foundation pit in order to remove concrete that was once poured,” says Yulia Severinenko.

In these cases, the expert believes, it is better to shift the new foundation a little so that it does not coincide with the old one. If it is important that the new house stands on the same wall-to-wall construction site, the underground part will also have to be dismantled. But it's extremely expensive.

After demolition, the site will need to be prepared for new construction. “It is necessary to remove construction waste, plan the territory of a new construction site, equip an entrance to the site (for construction equipment), install temporary structures (cabins) for storing materials, tools, accommodation for builders, carry out engineering preparation (providing the site with electricity, water, sanitary cabins)” , advises the company’s construction director “ Country project» Dmitry Yazykov.

Houses are not an easy task, even if the plot of land allocated for construction is free, or if there are already construction projects, which the owner does not need. In this case, building a house is complicated by the need to resolve legal issues and overcome a number of technical obstacles.

Quite often there is a situation when, instead of an old house or cottage, it becomes necessary to build a new one. In particular, a house with a plot can be inherited, and you may be faced with a solution to the problem - stay in an old house with stove heating or build a new house with all the attributes of civilization inherent in modern construction - running water, a full-fledged heating system and gas.

If the old house does not fit into the idea of ​​comfortable ideal housing, it would be wiser to take up the issue of building a new one. However, a number of questions immediately arise before the developer: is it worth reconstructing or is it better to demolish? Is it possible to leave the old foundation? Is a demolition permit required in this case? How to coordinate a new building with the BTI?

First of all, before building a new house, you need to understand the condition of the foundation old building, for the examination of which you need to invite specialists. The assessment of the old foundation is carried out according to several parameters - optimally withstand loads, compliance with the parameters of the planned house, soil properties, and the technical condition of the existing foundation. Monolithic reinforced concrete quality foundation, even if its service life exceeds thirty years, in most cases it does not require reconstruction and is suitable for building a new house.

However, often houses that were built thirty years ago are on dilapidated foundations. According to expert reports, construction houses at that time it was carried out mainly using standard methods, which were far from modern ones. Plus, high-quality concrete was in short supply and most technologies low-rise construction was not followed. In order for a competent specialist to say for sure whether the foundation of an old house will be “livable” or not, it is necessary to conduct a minimal study of it.

Of course, the services of this specialist will cost the future developer a certain amount, but if the result is successful, the developer will be able to save on the construction of a new foundation.

If a decision is made to build a new house on the site of an old one, it is necessary to check the land documentation. Even if you plan to build a house in the same place, there is a possibility of getting into trouble with the law, because land plots and houses built or purchased before the nineties were often not registered. According to experts, from the legal side, it is possible to build a house on the site of an old one only when the land is recognized as the property of the developer. Even if the land and object were inherited or donated, there should be no problems with registering the site.

According to experts, before building a house, many prefer not to obtain an official demolition permit, and carry out demolition and construction under the guise of reconstruction or overhaul. The reason for this is the complex points in the design of some issues, which are related, in particular, to the communications connected to the old house and the subsequent requirements of utility services for their reconnection.

Register the construction of a house on the site of the old one as “major” repair“or “reconstruction” is possible, but it is necessary to deal with the assigned tasks step by step and very carefully. It is advisable to replace the concepts only within a strictly limited framework, without exceeding the parameters of permitted construction established by law.

For most developers, all the requirements and instructions are too complex, so they completely demolish the old buildings along with the foundation and build a new house on this site, applying for a regular building permit.

Demolition clearance is another step that needs to be addressed before preparing for construction. The peculiarity of this procedure is that first you need to carry out the actual demolition and only after that, in order to draw up an act, contact the BTI.

The demolition of an old house from the technical side should be carried out as follows - the building must be demolished down to ground level, otherwise, demolishing the foundation can cost the developer a pretty penny. The need to dismantle the underground part arises only when the construction of a house will be carried out on the site of the old one.

Question:

- There is an old house on the site. Have you been thinking for a long time about what to do with it: repair it or demolish it and build a new one? This year the house began to fall apart, so they decided to dismantle the frame and build a new house within the old foundation. Most likely, we will buy ready-made. But it will be larger in area, since we want to make an attic. The layout will also be different; for example, we are planning a veranda on the other side, etc. Would you like to know whether such work is considered a major overhaul, reconstruction, or something else? Do I need to coordinate them, obtain permission, or draw up any documents? If necessary, where to go? I would like to choose the least expensive and fastest method, but legal. So that later you don’t have to register a new house through the court.

Oleg Shebunyaev, lawyer at GOOD WOOD Corporation, answers:

– There are two options, depending on what site the house is located on.

Option one. Let's say this is land settlements with type of permitted use: for individual housing construction or personal subsidiary farming. Then you should be guided by Part 2 of Art. 51 “Town Planning Code Russian Federation" In your case we are talking about the construction and reconstruction of capital construction projects. It will not be possible to erect a residential building under the pretext of a major overhaul, since the changes affect the building structure and other reliability and safety characteristics and exceed the maximum parameters of permitted construction. Based on the input data, you are planning to build a new house larger area, with a different layout, and such work is carried out on the basis of a building permit.
Thus, a permit for construction or reconstruction (if it is planned to use the old foundation, subject to an appropriate examination of this foundation to determine the possibility of its use within the new limit parameters) must be obtained. You must contact your local administration or MFC. Moreover, before March 1, 2018, it is possible to obtain a construction permit without project approval, as well as to register and register ownership of a newly constructed or reconstructed object (residential building) in a simplified manner without obtaining a commissioning permit in accordance with Federal law dated June 30, 2006 N 93-FZ “On amendments to certain legislative acts of the Russian Federation on the issue of registration in a simplified manner of citizens’ rights to certain objects real estate"(law on dacha amnesty).

Option two. The old house is located on agricultural land with the type of permitted use: for country house construction or gardening or gardening. In this case, in accordance with Part 17 of Article 51 “ Town Planning Code Russian Federation" issuance of a building permit is not required, but before the actual construction of a new building, it is necessary to record the fact of demolition in order to make changes to the Unified State Register (drawing up an inspection report by a cadastral engineer), and after completion of construction, register the house with the cadastral register and register ownership of the newly constructed object .