Article 38 of the Civil Code of the Russian Federation. Limit (minimum and (or) maximum) sizes of land plots and maximum parameters of permitted construction, reconstruction of capital construction projects (valid


Why were the amendments adopted?

The amendments are intended to streamline individual housing construction. They establish uniform requirements for the construction of residential buildings on land plots provided for the purposes of individual housing construction, running personal subsidiary plots within the boundaries of a settlement, as well as for the construction of residential and garden houses on garden land plots. Maximum building parameters are limited. This change is due to the absence in the legislation, and often in the rules of land use and development, of restrictions on the parameters of such development, which in practice leads to numerous violations, including in terms of the construction of apartment buildings on such land plots. In addition, the mechanism for state construction supervision during the construction of individual housing construction projects has been clarified.

Building density

Expert advice

!
“When starting construction near a forest belt or near power lines and gas pipelines, it is worth carefully studying the laws on forest funds and linear facilities. This knowledge will help avoid encumbrance and a subsequent court decision to demolish all buildings on the site,” recommends the head of the Istra Valley project, Mikhail Afrikanov
.

Location of buildings

This is a term from the Town Planning Code of the Russian Federation, denoting the marking of the border between private properties and public areas, as well as linear objects. These objects include: roads, power lines, gas pipelines, communication lines, railway tracks and the like.

To register changes (increases) in the area of ​​a site in the Unified State Register, attention is paid to the actual area and the amount of its excess over that initially recorded in the documents for the site and in the Unified State Register itself. The actual area cannot exceed the maximum maximum size of plots and cannot be less than the minimum size established during the period of formation or purchase of a plot with this type of permitted use.

The minimum size of land plot for individual housing construction is determined in accordance with local regulations, but it must be emphasized that no regional act can contradict the Federal laws and the Constitution of the Russian Federation.

Dependence of size on intended purpose

How much land is allocated for individual housing construction on average in Russia? On average in Russia, land for individual housing construction is provided in an amount of no less than 3 acres . In some regions this figure may be 2-3 times higher.

The concept of “individual residential building” applies to all individual residential buildings, regardless of the permitted use of the plots on which such houses are located and the type of territorial zone. An individual residential building is considered to be a 1-apartment, that is, a detached residential building with no more than 3 floors, intended for the residence of 1 family Art.

4.5 The height (from floor to ceiling) of living rooms and kitchens in climatic regions IA, IB, IG, ID and IIA (according to SNiP 23-01) must be at least 2.7 m, in the rest - at least 2.5 m. The height of living rooms, kitchens and other premises located in the attic, and if necessary in other cases determined by the developer, is allowed to be at least 2.3 m. In order to reflect the entire contents of SP 54.13330.2011. we don’t have enough time, and you don’t have enough attention, especially since you can read the full text here, and it’s quite difficult to understand. Therefore, we will limit ourselves to a compilation of useful material related to our topic - the minimum area of ​​apartment premises. First, let's go through the standards for the minimum area of ​​the apartments themselves.

Minimum house area for registration

Good afternoon What are the minimum sizes of an individual single-family residential building on a plot of land to register ownership and put it into operation? I heard that according to various snips it should be from 35 square meters.

  1. The house will not be equipped with the necessary communications.
  2. The building cannot be registered with the BTI.
  3. Without legal registration of ownership rights, the building cannot be disposed of.
  4. To obtain permission for an already constructed building, you will have to go to court. Satisfaction of such claims is extremely rare.
  5. If upon inspection it turns out that the house was built in violation of SNiP, then it will simply be demolished. And the owner may be held administratively liable for threatening the environment.

A receipt will be given by those who want to live on conditions below the market. How much lower? - I don't know yet. But I will not accept those who do not give such a receipt. But regarding the BTI, it’s more complicated: I don’t know whether the presence in a house of a section with blocks similar to apartments is a reason to consider this building an apartment building, and what does “similar” mean? Are there official criteria? Or maybe I like this layout! Maybe I like to walk from “apartment” to “apartment”, checking if everything is in order in my single-family home! Actually, I was hoping to discuss this side of the issue (which is what I encourage). How can you get around such restrictions? Is it possible to at least build a duplex on 11.5 acres if the plot is in shared ownership, or...? Thanks for the criticism!

Who controls compliance with construction standards for private houses?

If the conclusion is negative, that is, the body for the protection of cultural heritage sites does not like the description of the appearance of the house, then the administration will be forced to refuse approval for the construction on the 4th basis.

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The minimum requirements for the construction of a residential building are regulated by the following documents in the field of limiting areas and heights in a residential building - RSN 70-88, SNiP 31-02-2001 and SNiP 2.08.01-89. A residential building in which the size of the premises is less than the minimum permissible may not be registered with the Bureau of Technical Inventory (BTI).

The exact total area of ​​a residential building is determined based on SNiP 2.08.01-89. In practice, BTI engineers may make mistakes when calculating square meters. Therefore, carefully check the results obtained, because... unreasonable overestimation of indicators means an increase in property taxes and the amount of utility bills.

Good afternoon What are the minimum sizes of an individual single-family residential building on a plot of land to register ownership and put it into operation? I heard that according to various snips it should be from 35 square meters.

There is no such minimum total area. According to SNiP 31-02-2001, SNiP 2.08.01-89, as well as RSN 70-88, the minimum sizes for various types of premises are as follows: for a bedroom - 8 sq.m, for a living room - 12 sq.m, for a kitchen - 6 sq.m., for the bathroom - 1.8 sq.m., for the toilet - 0.96 sq.m.

SNiP 02/31/2001 Single-apartment residential buildings. (general provisions): “4.3 The composition of the premises of the house, their sizes and functional relationships, as well as the composition of engineering equipment are determined by the developer. The house must provide conditions for rest, sleep, hygiene procedures, cooking and eating, as well as for other activities usually carried out in the home.4.4 The house must include at least the following premises: living room(s), kitchen (kitchen niche) or kitchen-dining room, bathroom or shower room, toilet, pantry or built-in wardrobes; in the absence of centralized heat supply - a room for a heating unit. The house must have heating, ventilation, water supply, sewerage, electricity and radio broadcasting. The area of ​​the premises of the house is determined taking into account the arrangement of the necessary set of furniture and equipment and must be no less than: common living room - 12 m2 bedrooms - 8 m2 (if placed in the attic - 7 m2); kitchens - 6 m2. The width of the premises must be no less than: kitchen and kitchen area in the kitchen-dining room - 1.7 m, hallway - 1.4 m, interior corridors - 0.85 m, bathroom - 1.5 m, restroom - 0.8 m. The depth of the restroom must be at least 1.2 m when opening the door outward and at least 1.5 m when opening the door inward. 4.5 Height (from floor to ceiling) of living rooms and kitchens in climatic regions IA, IB, IG, ID and IIA (according to SNiP 23-01) must be at least 2.7 m, in the rest - at least 2.5 m. The height of living rooms, kitchens and other premises located in the attic, and, if necessary, in other cases determined by the developer, is allowed take at least 2.3 m. In corridors and when installing mezzanines, the height of the premises can be taken at least 2.1 m.”

If the area of ​​the site itself does not exceed 1 km 200 m, then urban planning regulations allow the construction of only one residential building. As for the “red line”, it should be understood as public places (roads, neighboring areas, etc.). According to the rules, when constructing residential buildings and other buildings on the site, it is important to maintain the established distances: 5 m from the road and 3 m from the driveway.

Permission for individual housing construction has a limited validity period. At the moment the document is valid for 10 years. But there are situations when the permit of municipal authorities ceases to be valid:

After submitting the notification, can I build immediately?

Not really, you need to wait for a notification from the local administration about the compliance or non-compliance of the individual housing construction object (garden house) with the established parameters and the admissibility (inadmissibility) of its placement on the land plot. Local authorities within 7 days check the parameters of future construction (primarily to determine whether the construction complies with the type of permitted use of the land plot and its territorial zone in accordance with local development rules) and sends their notification to the applicant. After this, the developer has the legal right to begin construction. The notice is valid for 10 years.

Land plots near the Black Sea, in Anapa

1.

We determine the position of the house on the site: • There should be a distance of 5 meters or more from the border of the land on the street side to the house. • There should be a distance of 3 meters or more from neighbors' property or driveway boundaries to the house. • There should be a distance of 5 meters or more from outbuildings to the boundaries of the site. • The distance between non-residential buildings and the fence is 1 m.

Construction standards for individual housing construction land plots in 2021.

First of all,

The owner of the land plot is required to contact the architectural department to
obtain permission
. To do this, you just need to send through the MFC to Architecture - “Notification of the planned construction of a private house” with a package of documents: an extract from the Unified State Register for the site, an address certificate and a topographic survey. The received building permit will be valid for 10 years, during which the recipient can build the necessary real estate (residential building, garage, etc.).

Russia has also determined the maximum permissible size of plots for individual housing construction, allocated by municipal or state authorities free of charge. When purchasing a plot of land, its inheritance or donation, as well as alienation, the characteristics depend on the solvency of the person concerned and the available initial resources.

If you are interested in purchasing a plot of land, you should keep in mind that the average minimum size of territories with the category of individual housing construction in the Russian Federation is 3 acres , and they differ quite greatly by region and district.

Limit sizes of plots for individual housing construction

  1. study the town planning regulations of the selected region, with the maximum parameters and rules for the use of individual housing construction;
  2. obtain land maps and determine vacant plots, availability of access to them, boundaries and characteristics;
  3. with the help of the authorities and geodetic services, check the compliance of the real boundaries of the site with the documented ones, coordinate the planned development on the permissibility of the characteristics (height, number of floors, setbacks from the boundaries, etc.);
  4. submit a package of documents for the allocation of the selected property, receive a passport, cadastral number and acts, certificates confirming the right of ownership.

In this case, not only the area of ​​the house is taken into account, but also courtyard buildings: utility block, fences, paths, garage, restroom (if it is located in the yard), bathhouse, summer kitchen, greenhouse, premises for keeping poultry and animals, dog kennel and even a place for barbecue.

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Do I need to obtain permission to put it into operation upon completion of construction?

No, the law provides for the obligation of the developer, within one month after the completion of construction or reconstruction of an individual housing construction project, to submit a notification to the authorized body about the completion of construction of the house. Based on the results of checking such notification, the authorized body will make a decision on the compliance (non-compliance) of the constructed (reconstructed) facility with the established requirements. The notification must be accompanied by a technical plan for the house and a receipt for payment of the state fee for registering ownership of the house.

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