Do I have to get permission to add an extension to my house?

An extension is a part of a building, the construction of which requires obtaining the same permits as for the construction of the main house.

Depending on when the developer decides to legalize it: before the start of construction or after completing the entire complex of work, you will need to go through various legalization procedures in order to ultimately receive documents confirming the legality of the construction and the compliance of the extension with all the necessary norms and regulations.

If you do not do this and do not legalize the extension, the matter may well end in the forced demolition of this object as an unauthorized construction. To avoid such a nuisance and complete the required construction documentation without wasting time and money, we recommend that you read this article, which will discuss the procedure for legalizing an unauthorized extension.

Legalization of an extension to the house

If it is necessary to use an additional plot of land for a new extension, the technical characteristics and infrastructure of housing construction will be changed, and people are planned to live on the new area, then it is classified as capital.

The legalization of a capital extension can be carried out both before and after construction work.

At the stage of preparation for reconstruction, it is required to have the following documents on hand to legalize an extension to a private house:

• title documents for the house (part of the house) and the land plot where the extension is planned to be located;
• technical documentation for home ownership;
• cadastral plan of the site;
• housing redevelopment project taking into account the extension;
• extract from the house register;
• written consent of neighbors (if several owners live in the building, or if the extension borders on a neighbor’s property);
• if gas, energy, water and sewerage, heat and other communications are planned for the extension, an opinion from the relevant services ensuring the supply of the resource should be obtained.

Coordination of reconstruction with the SES, fire service, architectural department and other services may also be required.

To obtain consent for the construction of a capital extension, the prepared package of documents must be submitted to the local government authority. As a rule, to do this, you should contact an architectural bureau or department of the municipality.

The received consent gives the right to begin construction work, after which the state commission will have to draw up an acceptance certificate for the extension. Based on it, the BTI authorities should order and receive amended technical documentation for home ownership, according to which, after paying the state fee, Rosreestr will be able to re-register the property taking into account the reconstruction.

Stages of designing an extension during reconstruction

The basis for developing a reconstruction project is the owner’s technical specifications, the results of engineering surveys and surveys. When preparing a project, fill in the following information:

• initial data for the object, corresponding to the technical documentation and survey results;
• architectural, planning, constructive, engineering and other solutions, their justification;
• text description of all selected solutions, reinforcements of existing structures;
• information on technical conditions for connecting energy resources, consumption limits and points of connection to building networks or general-purpose communications;
• situational plan of the site reflecting the location of the extension and the original object;
• a block with fire safety measures for the extension and for the period of work;
• construction organization project, i.e. sequence of processes and stages of work for the contractor;
• other data, depending on the characteristics of the building, characteristics and parameters of the extension.

The project is accompanied by working documentation, diagrams and drawings, and other graphic materials. After approval of the documents of customers and designers, they are sent for examination. If you have a positive expert opinion, you can contact the construction supervision authorities to obtain a construction permit.

Expert commentary. During the extension work, the contractor must strictly follow the project, organizational plans, fire and other safety requirements. These points will be monitored by construction supervision authorities during reconstruction and checked when issuing permission to put into operation. At the final stage of approvals, you need to obtain a technical plan for the new characteristics of the building and undergo cadastral registration with Rosreestr. You can order a technical plan from the cadastral engineers ]Smart Way[/anchor].

The main building and the extension can have a common foundation

Legalization of an extension to an apartment building

The procedure for registering a major extension to an apartment building has some differences from the method described above for legitimizing the reconstruction of private housing construction:

• for an apartment building, written permission from all residents is required;
• it is necessary to have reports from utility services about the presence of communications located near the house;
• more serious requirements are placed on the construction project.

The most common reasons for refusal of approval for an extension are:

• non-compliance of the extension design with the project;
• non-compliance with technical requirements: violation of the load-bearing structures of the house, proximity of common building communications;
• use of building materials that do not comply with standards;
• harming the interests of others;
• the building is classified as an architectural monument;
• other reasons.

Refusal by local authorities to consent to the construction of an extension can be appealed in court.

How to make a project?

When choosing a construction project, it is important to pay attention to the following factors:

• Technical feasibility;
• Functionality;
• Compliance with building codes.

Extensions are made to increase the area of ​​the house or make the entrance more convenient. Project in Fig. 1 increases the living space by 2 times. It is carried out by completing three walls and adding ceiling beams to expand one of the roof slopes.

Rice. 1

Project in Fig. 2 increases the area of ​​the first floor only and has a separate roof.

Rice. 2

Project in Fig. 3 It is an extension to the wall with an entrance door. One of the popular options serves as a hallway and entrance porch with wooden steps.

Rice. 3

An extension to the house allows you to profitably increase its area. To avoid having to collect a lot of certificates and go to court after construction is completed, you should obtain a construction permit in advance and comply with the norms of capital buildings.

Legalization of an extension through the court

If for any reason the documents for a major extension were not drawn up before the start of construction, then the only way to legalize it after construction will be an appropriate court decision.

The owner has no choice but to register the squatter settlement in court, acting as a plaintiff. The same package of documents is attached to the statement of claim as for the legalization of an extension, sometimes it is supplemented with photographs of the object or land plot.

As a result, if the court makes a positive decision to recognize the extension as legal, it will be possible, on the basis of this decision, to register it with Rosreestr.

However, the court will make a decision in favor of the plaintiff only if it is satisfied that they have been provided with all the required approvals, permits and other documents. If the court, for some reason, does not make a decision in favor of the plaintiff, then, in accordance with the legislative acts of the Russian Federation, the extension must be demolished at the expense of the developer.

How to legalize and how much does it cost?

The next stage after completing the construction of the extension to the house is registration of ownership rights. Registration of rights is carried out by entering data into the Unified Real Estate Register (USRN) about the new parameters of the completed building. The registration procedure depends on the availability of a building permit.

Legal building

Registration of rights to an extension, the construction of which was permitted by the administration, occurs in the following order:

1. Contacting the BTI to obtain a certificate about a new building on the site;
2. Payment of state duty 350 rubles;
3. Applying to Rosreestr with an application for registration.

The owner of the completed house presents the following documents to Rosreestr:

• Certificate received from the BTI;
• Receipt of payment of the duty;
• Construction permit;
• A copy of your passport.

Entering information about the owner of the new building formed after the extension is carried out within 7-10 days. The cost of registering a legal extension consists of the following payments:

• Payment for the services of an architectural bureau – 3,000-20,000 rubles;
• The fee for extracting from the Unified State Register is 300 rubles;
• The fee to Rosreestr is 350 rubles.

The cost of the bureau's services varies depending on the complexity of the project and the location of the site.

Unauthorized construction

Registration of ownership of an unauthorized extension is carried out in court. To do this, you should collect a package of documents:

• A certificate from the Unified State Register of Real Estate about ownership of the land under the house with an extension;
• Document on ownership of the house;
• A certificate from the BTI about the buildings on the site;
• Technical passport for the house;
• Description of the extension;
• Act of utility services on the lack of communications near the house;
• Conclusion of the engineering service from BTI.

If there is no plan for an enlarged building, it must be prepared by an architectural office. The BTI engineering service checks whether the extension complies with building codes (wall thickness, foundation strength, etc.).

If the building was built in violation of building codes, or is located at a distance of less than 1 meter from the border of the site, then the construction will not be legalized, and there is no point in going to court.

With the plan and documents for the building, you need to contact the gasification and water supply services to obtain a certificate of compliance of the extension with the standards.

After receiving the utility service act, you should go to court at the location of the site. The statement of claim must contain the following information:

• Full name and passport details of the plaintiff;
• Cadastral number of the plot;
• Technical characteristics of the extension;
• Data from public utility acts;
• Conclusion of the engineering service on the compliance of the extension with construction standards.

In the main part of the statement of claim, the owner of the plot describes the circumstances of the extension, explains why permission was not obtained and asks the court to recognize the extension of the house as legal on the basis of its compliance with all required standards. If you have any difficulties, you can contact qualified lawyers to help you file a claim and prepare the necessary documents.

The court satisfies the plaintiff's demand provided that the building complies with all requirements and regulations, as well as the absence of encumbrances on the site and claims from neighbors.

The cost of registration of unauthorized construction includes:

• Fees for preparation and execution of documents (650 rubles);
• Legal consultation (1000-3000 rubles);
• Departure of an engineering team to inspect the building (2500-5000 rubles);
• Fine for construction without permission (2000-5000 rubles, according to clause 1 of article 9.5 of the Administrative Code);
• Fine for operating an unauthorized structure (500-1000 rubles, according to clause 5 of Article 9.5 of the Administrative Code).

The cost of services for engineers, architects and lawyers differs depending on the complexity of the construction and the region of residence of the owner.

Legalization of a non-permanent extension

You should know that the documentation package and procedure for legitimizing capital and non-permanent extensions are different.

Extensions that do not occupy additional land and are of an auxiliary nature are called non-permanent. These include terraces, canopies, balconies, verandas, stairs and other extensions that can be assembled and disassembled without additional construction of walls.

Documents for a non-permanent extension to a house are completed more easily. Regardless of whether they were built a long time ago, or the homeowner is just planning to carry out this event, the procedure will be the same. Registration takes place at the local BTI branch. The following steps must be followed:

• Preparation by the owner of a package of title and technical documents for the premises or house.
• An application for legalization of the extension and the need to make changes to the technical documentation is submitted to the BTI along with a package of documents.
• Departure of the BTI acceptance committee to the site.
• Drawing up an act on the reconstruction of a house (premises).

Why do you need a permit?

An extension to a house, especially a permanent one, is the same piece of real estate as the house itself. Permission to build an outbuilding is obtained for the following purposes:

• To register ownership;
• To avoid possible demolition of the extension at the initiative of the authorities;
• To increase the market value of housing.

The construction of extensions without the appropriate permission does not give ownership of them, according to paragraph 2 of Art. 222 of the Civil Code.

Consequently, a building with such an extension cannot be sold, donated or bequeathed to heirs. In addition, unauthorized extensions and economic additions to houses can be demolished by government officials, especially if they were built in violation of town planning regulations.

For a house with an unregistered extension, the market value drops by 20-30 percent, since citizens prefer to buy a house and land with all the completed documents, rather than deal with their registration after the transaction on their own.

Cost of legalizing an extension to a house

The costs and remuneration of lawyers involved in the preparation of documents for the legalization of buildings, support of trials, coordination and resolution of other problems arising in the course of conducting a case depend on many factors. In particular, the cost of the service is affected by:

• number of appointments for client consultation;
• the number of cases in court that lawyers conduct in the interests of the client;
• the amount of state duty paid in courts, state registration authorities;
• cost of notary services;
• the need to conduct a forensic construction and technical examination;
• other expenses arising from the need to carry out instructions and protect the interests of the client.

The cost of services is determined and agreed upon with the client in each specific case.

Legalization of unauthorized extension

Brick extension, panel, open or closed - all this is completely unimportant; if a capital object was erected without premature registration, then it is called “unauthorized”, and registering it will not be so easy. The owner is obliged to collect all documents for the house, plans for the extension, and go with them to the local administration.

She will most likely refuse to register the object. This refusal will need to be addressed to the district court. The entire package of documents is also sent to the court, to which a statement of claim must be attached. If the court is satisfied that all grounds for registration are present, the case will be won. The owner will pay the fee and register the extension with the BTI.

What is the reconstruction of a private residential building: how to avoid refusal and obtain permission

After submitting the documents, the application is considered within 7 working days, after which the applicant must be notified in writing of the adopted resolution. The applicant must contact the fire service and the SES to further agree on a decision, which will result in the issuance of a permit or refusal.

Renovating a house is a very important process that requires approval and permission from local governments. Since changes in parameters can disrupt the safety of the house and affect the interests of the people living in it, as well as neighbors.

Permission to build a residential building in SNT

In 2021, buildings without permission will not be put into operation; they are considered unauthorized construction. A private house that is not registered in the Unified State Register of Real Estate, does not have a cadastral number, or a passport does not exist in the legal field. If controversial issues arise with neighbors, for example, regarding land surveying, or claims from administrative authorities in court, the construction may be declared illegal and the construction of the building may be prevented.

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From 2006 to March 1, 2021, a “dacha amnesty” was in force in Russia. It made it possible to legalize buildings on a summer cottage without permission to build a house in SNT, on the basis of a technical passport and property rights. The simplified registration procedure was in effect for almost 12 years and was extended twice.

Is it possible to register a house in SNT as residential in 2021

Owners of houses in SNT often decide to live in them all year round. If the house allows it, a citizen can simply sell his city apartment and live outside the city. In this case, the question of registration arises. Without a place of registration, a citizen will not be able to use a number of social services: register at a clinic, stand in line at a kindergarten, etc.

The most labor-intensive and time-consuming process is cadastral registration. However, after the merger of the State Property Committee and the Unified State Register, it is possible to submit documents to the Cadastral Chamber and Rosreestr simultaneously. This will save time.

How to legalize an unauthorized extension to a private house step by step

If the submitted documents confirm compliance with building codes and regulations, the copyright holder will receive approval from local authorities and contact the Rosreestr service to register the property. If the legalization of a building or extension is refused, this issue can be resolved in court.

The choice of the judicial body in which the specified case will be considered depends on the value of the object. If the price of the statement of claim does not exceed 50 thousand rubles, the case is subject to consideration in the magistrate's court. If the specified amount is above 50 thousand rubles, the documents must be submitted to a court of general jurisdiction (district or city court).

Do I need permission for an extension from neighbors and co-owners of the house?

Coordination of the extension with the architecture department is not the only action of the developer. The individual housing construction project affects the interests of neighbors and other owners of the house/plot. Their rights also need to be taken into account:

• Consent from a neighbor

It is necessary if the extension is located close to the neighboring plot. Usually the distance of 1 meter from the fence is violated. Such actions must be coordinated with your neighbor.

If he doesn’t mind, you need to draw up a deed, have it endorsed by a notary and attach it to the notice of reconstruction - paragraphs. 2 p. 3 art. 51.1 Civil Code of the Russian Federation. This will make it possible to “justify” violations of SNiP norms.

• Permission from co-owners of the house

Common shared ownership of an individual housing construction project means that the house belongs to several people. Owners can be children, parents, grandparents, aunts, nephews and third parties. The house can be disposed of only by agreement of all copyright holders (Article 246 of the Civil Code of the Russian Federation). If any of them is against the creation of an extension, reconstruction is impossible.

Joint property between spouses also requires a joint decision regarding the extension. One spouse submits the notice, and the other spouse executes a power of attorney or gives consent. If the second one is against it, the alterations will also not take place.

The best option in both cases is to draw up a power of attorney for one of the owners. The document is verified by a notary. If he is convinced of the voluntary expression of the will of the co-owners, his signature and seal will appear on the power of attorney. The endorsed paper will need to be attached to the notification and package of documents.

There are objects that can be built without permission - you will find a list of them at the link.

So, a major extension or superstructure to a residential building requires approval from the authorities. The notification procedure allows you not to collect many documents. You will need an application (notification), land documents and a reconstruction project. The authority will study the application and give an answer - about permission or prohibition to create an extension. Actions must be coordinated with neighbors, and the opinions of the co-owners of the house must be taken into account.

Despite its simplicity, the notification procedure can cause problems.
One of these is the refusal of officials to carry out reconstruction. Often correspondence leads to nothing, and construction stands still. It is necessary to speed up the process, but the owner does not have legal knowledge. Or, conversely, the extension has already been created, but you did not submit a notification. Development without permission will result in fines and, in some cases, demolition of the property. To prevent the worst-case scenario, it is better to contact lawyers. The consultation will show whether you are acting correctly, what mistakes there are, how to legalize self-construction and obtain permission from the authorities. Lawyers will give a legal assessment and help in difficult situations. Call or leave a request on the website! Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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How to register a house or plot of land under the dacha amnesty

Simplification allows people who have not previously thought about documents to legalize a residential building. We are talking about buildings that were erected on lands provided for individual residential construction. In addition, the procedure for registering buildings erected on plots for private household plots is the same.

The declaration form was approved by order of the Ministry of Economic Development of the Russian Federation No. 447 dated November 3, 2009. A sample of it is available in the Rosreestr authorities. A citizen needs to fill out two copies of this paper. The information, naturally, must match.

How it should be: procedure

To ensure that the administration does not have questions about the owner of the individual housing construction house or the author of the reconstruction, he must act in the following order:

1. Contact the municipality where the house is registered. Receive an application form for reconstruction. Fill it out, providing technical information about the future extension to the building and a sketch (drawing).
2. Wait for the municipality's decision. Most often, it is positive. Refusal requires compelling reasons. As a last resort, the application will be sent for revision if it does not comply with the rules.
3. Obtain permission and begin the planned reconstruction. Carry out it in accordance with the stated scheme.
4. After completing the work, order a new cadastral plan of the house from a licensed cadastral engineer. With this document, return to the municipality, which will conduct a compliance check, after which the documentation automatically goes to the Unified State Register of Real Estate, where changes will be made to the cadastral information.

Legalize an unauthorized extension to a private house - procedure

1. During construction, the load-bearing wall is affected; this is strictly prohibited.
2. If the building is erected close to communications, the distance between them should not be less than 2.5 meters.
3. Low-quality, old materials or outdated technologies were used during construction.

Due to the illegality of construction, the building cannot be sold, given away, donated, exchanged or inherited in the future. In this situation, you need to consult a specialist; together with him you need to review all the available papers for the site and the house, and also think about further actions.

Permission to build a house on your own plot in 2021: when you need it, how to get it

Hello! I applied for permission to build a residential building, but I was refused. The text indicated that as of August 4 of last year, the document was no longer required. In the end, I didn’t understand whether it was possible to start construction?

How much does the required paperwork cost? There is no cost to submit the notice, which is effective in 2021. But you will have to make approvals, draw up additional papers (SPOZU and GPZU), which leads to expenses. Often citizens do not want to deal with the issue personally and turn to intermediaries: the cost of their services reaches 20,000 rubles.

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How to quickly register a residential extension to a house

Our apartment has been privatized (half of the house, an apartment in a two-apartment one-story timber building). There is a certificate of ownership. The property of the privatized apartment is 7 acres (all documents for the ownership of the land are available). In 1993, a permit was issued for a two-story extension to our one-story apartment (there are orders from the administration and the Architectural Permit of that time). We built a residential extension to a privatized apartment (the land under the apartment and the extension is in the property and within the boundaries of our land plot), installed heating, water, electricity, and sewerage there (permits for communications are also available).

But there is one thing - the house inside (except for 1 room) and outside is not completely finished, there is no finishing (and there is no money yet, too, from those long ago years). How can we register our residential extension today in 2013 and is it possible in a simplified manner? I'm afraid that I will be tormented with paperwork, expenses and running around because the extension has been under construction for a long time and is not yet completely ready.

How to register ownership of a house

How to register ownership of a house on a plot of land? The following documents will be required: identification, cadastral plan, receipt of payment of state duty, right to this plot, technological passport of the house and an application.

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Next, they contact the territorial registration service with an application for ownership, a receipt (payment of state duty), an identification document, a resolution on the assigned address and a document on the ownership of the site.

Dacha house amnesty: wait or run

In a legal interpretation, the dacha amnesty is a legislatively granted right to citizens, according to the most simplified scheme, to formalize rights to the real estate they own, if only these objects meet the provisions of the state program introduced in 2006 (Law No. 93-FZ).

Until 2021, a technical plan was not needed for residential buildings and outbuildings located on land plots provided for summer cottages, gardens and vegetable gardens. A country house, if it is not a permanent structure, belongs to residential buildings, and not to residential buildings. This is a “tightening” of the dacha amnesty.

12 Jun 2021 uristlaw 192
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Registration of a country house in SNT, if the land is owned

In order for citizens to carry out the procedure without problems, the government has simplified it. This is a “dacha amnesty”, with the help of which the owner of a plot can formalize his rights. Law No. 93, adopted in 2006, covers areas for gardening and individual construction.

But if the document was received after 1998, then it is still valid today. For example, such a title document could be an extract from the BTI. If it is not there, but the citizen has rights to the plot, he can contact the local administration and receive the appropriate extract. When the land is owned by the state, all that remains is to buy it.