Askon: Do I need to obtain a new building permit to replace the old one?

A legal entity needs to obtain permission to erect a building. If you ignore this need, a fine will be imposed on the company. To obtain a title document, you need to collect papers and send them to a special authority.

Question: Is it possible to attract funds from citizens on the basis of an agreement for participation in shared construction for the reconstruction of a non-residential building owned by the developer into an apartment building if a construction permit has been obtained? View answer

Regulatory regulation

The central act regulating the issuance of permits is Article 51 of the Town Planning Code of the Russian Federation (GrK RF). The article states these provisions:

Receipt procedure.
Papers needed for the work.
Authority issuing title deeds.
Grounds for refusal.

Question: Do I need to obtain a building permit and register the reconstruction of a commercial building? If so, what is the liability for non-compliance? View answer

Article 51 of the Civil Code states that the permit establishes:

compliance of design documents with the Civil Code of the Russian Federation and planning projects;
compliance of the constructed facility with the forms of use of the site.

Question: Is it possible to deduct VAT amounts on construction work (services) that were carried out before receiving the appropriate permit (clause 2 of Article 171, clause 1 of Article 172 of the Tax Code of the Russian Federation)? View answer

An entrepreneur does not always need to obtain permission. Situations in which it is not required are specified in Part 17 of Article 51 of the Civil Code.

FOR YOUR INFORMATION! Permission must be obtained before construction begins. If it is missing, the entrepreneur will face sanctions imposed on the basis of Article 9.5 of the Administrative Code. As a rule, a fine is imposed on the legal entity. Work stops. If the object has already been built, it is not put into operation.

IMPORTANT! From July 1, 2021, restrictions will be introduced regarding the issuance of permits. Only JSCs and LLCs will be able to obtain the title document. In addition, multi-apartment buildings can only be erected on the basis of one permit.

Refusal to issue a permit

The Civil Code provides a list of grounds for possible refusal to issue the requested document:

in the absence of all necessary documents;
non-compliance of documents with the requirements of the urban planning plan or requirements regarding deviations from the maximum parameters of construction or reconstruction, and for an individual housing construction project, the layout of the planning organization of the site is checked for compliance with the urban planning plan.

In addition, the developer may be refused permission to put the finished building into operation if he does not, within 10 days, provide the authority that issued the construction permit with the documents necessary for posting in the state information system for supporting urban planning activities information about the land plots that subject to development or built over.

Cases that do not require a building permit:

construction of a garage on a plot of land not related to the subsequent implementation of business activities;
construction on the site of the necessary structures for dacha farming or gardening;
objects not related to capital construction projects (sheds, kiosks);
auxiliary structures and buildings (greenhouses, greenhouses, bathhouses, sheds, etc.);
changes to construction projects or their parts that do not affect their design parameters, reliability and safety characteristics.

Subjects of the Russian Federation may additionally install other objects for which a construction permit is not required.

Content

The form of the document under consideration is approved by a body with powers received from the Government (based on Part 6 of Article 51 of the Civil Code). Let's look at the contents of the paper:

The name and address of the company that initiates the construction.
Paper number.
Date of issue.
The authority that issued the paper.
Information about the object being built, its address.
Information about the site where construction is taking place.
Cadastral registration information.
Validity period of the title document.
The position of the person who received the paper, his full name, signature and seal.

The permit is issued free of charge on the basis of Part 15 of Article 51 of the Civil Code.

Is it necessary to extend the building permit to obtain permission to put the facility into operation ?

Permission to build a private house

The issuance of permits for the construction of houses is regulated by the Town Planning Code of the Russian Federation. Developers interested in how to obtain permission to build a residential building first need to prepare:

extract from the cadastral passport;
application to the architectural department;
construction passport;
a copy of the cadastral plan of the site and buildings;
construction approval;
project and sketch of the house and all utilities;
title documents for buildings and land.

Receipt procedure

Let's look at the procedure for receiving paper:

Preparation of documentation.
Drawing up an application.
Sending papers and applications to the self-government body.
Obtaining title paper.

If an entrepreneur has provided an incomplete list of documents, a permit will not be issued.

Required package of documents

In order to legally begin construction work, you need to prepare these documents:

Application for provision of title paper.
Urban development plan taken less than 3 years ago.
Details of the site planning and surveying project (needed for the construction of a linear object).
Project paper materials.
Results of the design examination, if necessary (Article 49 of the Civil Code).
Sanction for deviation from established parameters.
Consent of all property owners if reconstruction is carried out. The copyright holder may also be a government customer. The need to obtain consent is stipulated in paragraph 6.1 of Article 51 of the Civil Code.
Certificate of accreditation if non-state examination was carried out.

The list of papers required to obtain a permit is contained in Part 9 of Article 51 of the Civil Code. Documents can be submitted not only to the local government, but also to the MFC.

IMPORTANT! If design and engineering survey documents are only available in electronic form, the permit application must also be submitted electronically.

The final part of the procedure

If all documents are completed correctly, the local government authority issues a permit. However, this is not the final part of the procedure. The entrepreneur must transmit information about the object being built for publication in a special system. The following information must be submitted within 10 days after receiving the title document:

Area, height and number of floors of the building.
Engineering and technical support.
Results of engineering surveys.
Sections of project papers.
Scheme of the site plan, which indicates the location of future construction.

All papers under consideration can be sent in electronic form on the basis of Part 18 of the Civil Code of the Russian Federation.

Who issues planning permission?

If the land plot is not subject to urban planning regulations, a construction permit, depending on the level of competence, may be issued:

federal executive body;
territorial executive body of the corresponding subject of the Russian Federation (AR, AO, territory, region);
local government authority.

When construction is carried out on the territory of a seaport, a permit is issued by the port captain, based on Art. 76 of the Merchant Shipping Code of the Russian Federation.

In all other cases, this document must be obtained from the territorial body of architecture and urban planning or from the department or other division of architecture and urban planning of the local government body to which the land plot belongs. Article 8 of the Civil Code of the Russian Federation determines that construction permits on the territory of an urban district or settlement are issued by local self-government bodies, and in inter-settlement areas - by local self-government bodies of the municipal district.

On our website you will find others

Grounds for refusal

A construction permit is issued only if the entrepreneur has provided all the necessary documents. If a number of papers are missing, issuance is refused on the basis of Part 3 and Part 13 of Article 51 of the Civil Code. The situation is similar when the company’s documents do not comply with the law. In this case, the company is sent a letter of refusal.

An entrepreneur can challenge the decision of a local authority. To do this, he needs to go to court. The lawsuit states exactly why the local authority’s refusal is unfounded.

Construction of a summer house: permission

How to obtain permission to build a house on a summer cottage? The regional self-government administration is in charge of approving the draft planning of the territory of a gardening partnership or dacha association. According to this legal document, the territory of the dacha association is organized. All deviations from the project are approved by the local administration. The gardening partnership includes a plot of land, including common lands - streets, roads, driveways, public areas, fire reservoirs, sanitary protection zones - and the dacha plots themselves.

On their plots, owners erect buildings - houses, outbuildings, garages. In accordance with Art. 51 clause 17 of the Town Planning Code of the Russian Federation for the construction of houses in a dacha, on a site allocated for gardening and dacha farming, a building permit is not required. It is important to understand that the dacha must be built in exactly the place intended for dacha construction.

For any other zone, a building permit is required, otherwise the owner will be accused of erecting unauthorized construction with all the ensuing consequences. A developer who unauthorizedly erects a building that requires a permit does not have ownership rights to it! This may mean that he will not be able to fully dispose of such a house - donate, sell, include in a will. How to obtain a building permit if the house has already been built? According to Art. 222 clause 3 of the Civil Code of the Russian Federation, there is a possibility of acquiring rights to such real estate. To do this, the owner who built the house without permission must submit a claim for recognition of ownership rights to the structure erected without permission. If the plaintiff can prove during court proceedings that his house is safe for the life and health of residents and neighbors and was built without violating construction, fire safety, sanitary and hygienic and other standards, the court may recognize the plaintiff’s ownership of the house building.

Is it possible to extend the validity of the document?

The construction period is determined by the company in advance. If the work is delayed, the permit loses its legal force. That is, construction is being completed illegally. In order to legalize the construction of an object, it is necessary to extend the validity of the permit. To do this, you need to send a corresponding application to the local government authority or other structure that issued the paper. The application must be sent 2 months before the expiration date of the title document. If the application is received by the authority in advance, it will not be able to refuse to renew the permit. If the period of 60 days has expired, the extension is refused on the basis of Part 20 of Article 51 of the Civil Code of the Russian Federation.

Why is a construction permit required, what are the features when obtaining it, what are the main legal requirements, and the reasons for refusing to issue a permit? In this article we will consider these questions regarding capital construction projects, except for individual housing construction (individual housing construction), since for it the requirements for obtaining permission are slightly different and more simplified.

A full definition of the meaning is given in Article 51 of the Civil Code of the Russian Federation. In general, a construction permit is a document confirming the compliance of the project for a planned construction project with the requirements of urban planning regulations (except for the case specified in Part 1.1 of Article 51 of the Civil Code of the Russian Federation), the admissibility of placing the object on a given land plot, the compliance of such placement with the permitted type of use of the site and existing restrictions established by the legislation of the Russian Federation.

A building permit gives the developer the right to carry out construction and reconstruction of the facility. It confirms that the required setbacks from the boundaries of your site (if any) and other standardized setbacks from objects (for example, from power lines) have been observed. Allows you not to worry about whether the designed object has gone beyond the boundaries of your territory or whether the permissible construction parameters have been exceeded. It also avoids fines for illegal construction. It should be remembered that for construction without permits (if the construction or reconstruction of capital construction projects requires obtaining construction permits) there is administrative liability. Therefore, the document discussed in this article is important and should not be downplayed.

A construction permit is issued by the local government body at the location of the site (except for the cases specified in Part 5-6 of Article 51 of the Civil Code of the Russian Federation). A detailed list of necessary documents to obtain it is indicated in Part 7 of Art. 51 of the Town Planning Code of the Russian Federation.

General list of documents:

Application for a building permit.
Title documents for the land plot.
Urban development plan (it is important to pay attention to the date of its issue (clause 2 of part 7 of article 51 of the Civil Code of the Russian Federation).
Project documentation.
A positive conclusion from the examination of project documentation, if this documentation is subject to examination (for which objects it is carried out - Article 49 of the Civil Code of the Russian Federation).
In case of deviation from the permitted maximum parameters of construction or reconstruction - permission for such deviation (Article 40 of the Civil Code of the Russian Federation).
Consent of all copyright holders if reconstruction of the object is planned (with the exception of clause 6.2 of part 7 of article 51 of the Civil Code of the Russian Federation).
If the examination of project documentation was non-state - a copy of the accreditation certificate of the legal entity that issued the positive examination conclusion.
If it is planned to carry out work to preserve a cultural heritage site - documents provided for by the legislation of the Russian Federation on such objects (more details in paragraph 8 of part 7 of article 51 of the Civil Code of the Russian Federation).

It would also be good to check with the authorities that are authorized to issue a construction permit the list of required documents, the form of the application itself, and which documents the applicant submits independently and which are requested by this body through non-departmental information interaction. Often information about the required documents is posted on the official website of such a body and is freely available.

Why can you get rejected?

The reason for refusal to issue a permit may be:

lack of documentation required in accordance with Article 51 of the Civil Code of the Russian Federation;
non-compliance of the project with the requirements of the urban planning plan of the land plot;
lack of permission to deviate from the maximum parameters of permitted construction, reconstruction (if any deviations exist).

Frequent errors leading to failure:

The applicants’ mistake may lie in the fact that copies of the documents specified in subparagraph “b” of paragraph 10 of the Government of the Russian Federation No. 87 of February 16, 2008 were not attached to the explanatory note. (Clause 11 of Government Decree No. 87).
A common mistake is due to the fact that they submit an application and attach project documentation a large number of years after the development of the project and passing the examination, without bringing the project into compliance with the rules and regulations in force at the moment, with the current urban plan. In this regard, some difficulties may arise:

For example, the project was developed 5 years ago, but for financial reasons they decided to postpone construction until better times and submitted an application for a building permit only now. Thus, the layout of the planning organization of the land plot (which is one of the components of the design documentation) cannot be taken into account, since it was developed on the basis of the provisions of the old urban plan of the site. (In accordance with the Civil Code of the Russian Federation, a town planning plan for a land plot must be issued no earlier than three years before the date of submission of the application). In addition, during this time a new urban development plan could have been approved, according to which the functional purpose of your territorial zone could have changed, and the functional purpose of the object that you plan to build does not correspond to the permitted and conditionally permitted uses of the land plot. Or there was a vacant lot next to your land, but after some time it was built up, and now the object for which there is a five-year-old project is located close to the new neighboring building and interferes with the required continuous insolation of its premises (casts a shadow, obscures the penetration of light). Accordingly, you need to move your designed building (if the site allows) or reduce its dimensions.
A problem in obtaining permission in this situation may also arise due to the fact that after so many years the standards that should have been taken into account when developing the project have changed. For example, the requirements for accessibility of the environment for people with limited mobility have changed (for example, the slope of the ramp), and the project that you have no longer corresponds and requires improvement.

If possible, you should not delay obtaining a construction permit, since it is not always possible to adjust the project in accordance with the current requirements of regulatory documents. And therefore, you may have to develop a new project, and this will require additional time and financial costs.

Author: Anastasia Knyazeva, architect, Krasnoyarsk

Fines for building without permission

Construction without permission involves the imposition of sanctions based on Article 9.5 of the Administrative Code:

2,000-5,000 rubles for individuals.
20,000-50,000 rubles for officials.
20,000-50,000 for entrepreneurs. The individual entrepreneur is also deprived of the right to operate for up to 3 months.
Up to 500,000 rubles for legal entities. A person’s activities may be suspended for up to 3 months.

Fines for illegal construction are very high, and therefore it is not worth the risk, especially since the offense will most likely be quickly discovered. The company's losses from the discovery of a violation of the law are not limited to the payment of a fine. It is also necessary to take into account that construction work will be frozen. The company will lose on this too. The profit expected from putting the facility into operation will not be received.

Instructions

To obtain permission, the developer applies to the regional department of architecture. You must first obtain an extract from the cadastral passport of your plot from the cadastral plan. If objects have already been built on the site or a dilapidated residential building remains, you must take an extract from the cadastral passport and cadastral plan of buildings from the BTI.
In addition to these extracts, the developer writes an application, presents title documents for the site and buildings, as well as a project and sketch of the house and utilities.
The project and sketch are prepared by an architect, who can be called from the regional department of architecture or from any private company with a state design license.
The architecture department issues a document on project approval for construction, which indicates all the organizations in which it is necessary to collect resolutions and seals, first of all, district utility services to obtain the signature and seal of the head in the appropriate column. At the next stage, the document is approved by the regional fire department. The head of the local administration leaves his resolution last.
The agreed document is presented to the department of architecture and urban planning, where they issue a construction passport, which indicates the location of the building, as well as the number of storeys. A building permit signed by the chief architect of the city or district is also issued here.
The received documents must be reserved at the local administration. During construction, the height and red line defined by the architecture must be strictly observed. These are the main parameters, if violated, the building cannot be put into operation.

The permit is issued for 10 years. If the developer does not have time to complete the house, he again contacts the architecture department to renew the permit.

What to do if the house has already been built

It is possible to legalize already built residential premises, but it is quite difficult and time-consuming, so experts recommend obtaining permission in advance. If the house has already been built, then you need to take the following steps:

Go to the MFC or administration, submit an application for the issuance of a plan for the plot of land where the house stands, and attach a copy of the property certificate to it.
After receiving the plan, prepare a site diagram with detailed dimensions and again apply to the administration for a construction permit.
Draw up an agreement with a cadastral engineer, indicate the internal dimensions of the house, link it to the site and prepare a technical plan of the structure.
Contact the local administration to assign an address to the residential building, attaching a technical plan.
Obtain the necessary documents and update the technical plan, and then submit an application that the house is registered with the MFC and registered accordingly.
At the end, the owner of the site receives an extract from the Unified State Register of Real Estate for the building, confirming ownership.

If the structure was erected in compliance with all norms and architectural requirements, without violating boundaries, then all stages will be completed sequentially without refusals from officials. If violations are discovered, the structure will need to be remodeled in order to be able to legitimize the building. Then the entire registration process will have to start all over again.

In what cases is a building permit not required - list of objects

Before you begin registering a new building, you must first go through the procedure for putting it into operation. This will require a lot of documentation: design design, technical plan, etc. But the most important thing is permission to carry out construction and repair work.

Since this building is an auxiliary building and is intended to serve the residents of the main building, there is no need to obtain permission to build a bathhouse. Despite this, the erected steam room must undergo a registration process, for which a completed real estate declaration will be required.

Extension of the dacha amnesty with some changes

Let's explain in detail what this means. Complex cadastral works (CCW) are carried out simultaneously for all real estate objects within the boundaries of a certain territory. In this case, all boundaries are clarified immediately, simultaneously. This reduces the likelihood of registry errors occurring. In addition to clarifying the boundaries of the plots, the exact location of the buildings located on these plots is also determined. It is important that KKR is much cheaper than individual cadastral works.

Cadastral works will become cheaper

But you are still allowed to burn dry raspberry bushes and apple tree branches that died over the winter on your property. But only in an iron barrel with a volume of no more than a cubic meter. There should be nothing flammable around the barrel, and the nearest object should be at least 25 meters away from it. From coniferous trees it must be carried 50 meters away, from deciduous trees - 15. The cherry on the cake, that is, the lid on the barrel is an iron sheet that should close it.

May 21, 2021 semeiadvo 161

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Requirements for individual houses

At the stage of submitting a notice of the start of construction, owners and tenants of land plots are faced with the need to take into account specific nuances. A number of questions arise when preparing a package of documents and filling out the forms required by law. specializes in solving such problems. The lawyers on staff monitor every stage of the procedure, prepare documents, undergo approval by the relevant authorities and contact local authorities.

Preparation of notifications about the start and completion of construction of individual housing construction projects, registration of private houses and assignment of property rights

The owner must understand that if the illegal construction of a house or other structure on his property has not been identified, problems do not arise even in the absence of permission. However, difficulties have to be encountered at the stage of legitimizing the object. In addition, it will be necessary to convince officials of the need to secure the owner’s ownership of the constructed facility, as well as the legality of the demands put forward.

To register ownership rights under the dacha amnesty, you will need to have in hand documents confirming ownership of a plot of land, a technical plan and a declaration of the owner of the property. And the new law separately stipulates that the house must comply with the necessary parameters of the individual housing construction project, which are defined in the Town Planning Code (the house can have up to three above-ground floors inclusive, its height should not be more than 20 meters, it must be intended for single-family residence and etc.).

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A building permit is not required if

The construction of intra-block distribution networks, which are part of the engineering and technical infrastructure complex, in some cases also does not require special permission. We are talking about overhead, cable and combined power lines, including electrical installations up to 10 kW and block sewer systems. In addition, a building permit is not required for the installation of water supply lines if the internal diameter of the pipes does not exceed 30 cm. Pressure sewer networks for wastewater disposal can also be included in this category. There are also limitations when installing gas in-channel networks. Without permission, it is possible to organize channels with a pressure level in the range from 0.005 to 0.3 MPa. In this case, the internal diameter of gas-conducting pipes should be no more than 20 cm. In addition to this, it is worth noting the possibility of installing anti-corrosion electrochemical protection in pipelines and gas control stations.

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One of the main areas of construction work that is exempt from the need to obtain a permit is the laying, distribution, installation, reconstruction and commissioning of engineering infrastructure networks. But only under certain conditions. For example, performing such work without special documentation is permitted if the object comes into the possession of an individual who will not carry out entrepreneurial activities during the operation of the network. Thus, a building permit is not required in the case of laying communications from the interface zone with the central support system to the facility being constructed or reconstructed on land not intended for commercial use.

Permission to build a bathhouse: required or not

However, this does not mean that the owner of a bathhouse will not be faced with the need to comply with certain requirements, because for the construction of such structures (regardless of whether it is done with one’s own hands or with the help of a hired team) there are special rules prescribed in SNiP and GOST, which are mandatory must be taken into account. So, what does the developer need to know, and what standards will need to be followed in this case?

Thus, it became clear that the construction of a bathhouse in terms of documentary red tape is a relatively simple dilemma, as it may seem to most initially. The main thing is to comply with all the rules, and then neither the neighbors nor any supervisory authority will have any complaints against the owner.