How to obtain permission to build a house: documents

Construction permit: basic issues

By purchasing a plot of land, the owner plans to build a country house on it, where he will spend the summer and periodically come in the winter. Or even a full-fledged home for permanent residence. We have already talked about what building materials exist, the role of the project and the cost of work in previous articles. Now is the time to discuss the following topics:

what plot of land we purchased for construction;
what is a building permit?
what documents are needed to obtain a construction permit;
procedure for obtaining permission, etc..

Many questions arise, and all of them are ambiguous, and there are many reasons for this. One of them is the emergence of various types of private property, which acquired its status at the legislative level. Now property belonging to a citizen can, for example, be donated or inherited.

All these circumstances led to changes and additions, which were reflected in the new Town Planning Code.

If you carefully read the document and study its articles, many contradictions will be clarified. That is why the Civil Code is the main regulatory legal act in the field of individual housing construction. We will focus on this when discussing such a significant stage as a construction permit.

If you don’t want to delve into legal norms, you can seek advice from a law firm, whose specialists will tell you what to do to obtain the required document. It is enough to enter the query “Construction permit” in the search engine and get a whole list of specialized companies.

And yet, it seems to us that before turning to consultants you should try to understand the issue yourself. Believe me, anyone can get a building permit. The main thing is to understand the sequence of actions, and we will now tell you about this in detail.

The process of building a country house

Categories and purposes of land

And so, you purchased a plot of land for construction. First, let's figure out what it is and what category of land it belongs to. The information must be written down in the cadastral passport (plan, extract).

If the construction of a house is carried out on a site classified as “land of settlements” and intended “for individual housing construction” (IHC) or “for the maintenance and operation of a residential building,” everything is very simple - just go ahead and build it.

On a note! The type of permitted use of the site allows the construction of a residential building if the site is intended for personal farming and is located within the boundaries of a populated area, but prohibits this on a garden plot.

If the site falls under the definition of “agricultural land”, a transfer to the desired category is required. This is quite real. Looking ahead, we will say that even if a house is built without permission on gardening territory, there is a chance to register ownership and register in the house. True, only in court.

If you come across land of specially protected areas, defense, communications, etc., transferring to another category usually involves significant difficulties. And in some cases it is completely impossible. Accordingly, you may not be issued a building permit.

Sample permit to build a house

How to obtain and register ownership rights if the building has already been built?

There are two ways to legalize a self-construction and obtain registration documents for it - administrative legalization or through the court. It all depends on the conditions of construction of the building.

How to legalize it on your own land?

To register a self-construction built on such a site, you will need to submit a certificate of ownership or an extract from the Unified State Register of Real Estate to the town planning and land commission.

How to register an individual housing construction project built on a plot of land or a garden plot?

It is necessary to obtain a municipal act approving the construction , and after completion of the work, notify the administration and provide a technical plan. If approval has not been received, you will have to resort to contacting the state inspectorate, pay a fine and legalize the construction.

If the application to the state committee is refused, then it will be necessary to take legal action.

On someone else's property

It will be possible to legalize the construction of a structure erected on someone else’s land only if it can be proven in court that part of the land belongs to the person who built the structure.

If there is no evidence, then the owner of the site has the right to demand the demolition of the structure at the expense of the person who built it, or he has the right to register ownership of the structure in his own name. In this case, the new owner will have to reimburse the developer for construction costs.

Registration of an object located in a municipal land plot

To legalize a building erected on land owned by a municipality, it must meet the following criteria:

the intended purpose of the land;
SNiP standards;
fit into the landscape;
did not violate the rights of third parties.

If it meets all these criteria, then the construction can be legalized administratively or judicially.

If the intended purpose of the object corresponds to one of the following:

specially protected resource;
forest or water fund lands;
cultural heritage site,

then legitimizing self-construction is a hopeless task.

Do you need project documentation?

After we have sorted out the category of land and the type of permitted use, new and no less important questions arise. For example, is it possible to build a private house without a project and is it possible to obtain a building permit in this case?

The Town Planning Code of the Russian Federation will help us resolve all contradictions. Opening Article 48 “Architectural and Construction Design”, paragraphs 3, 4 and 5, we read the following:

Point 3

– Preparation of design documentation is not required for the construction, reconstruction, and major repairs of individual housing construction projects (detached residential buildings with no more than three floors, intended for single-family residences). The developer, on his own initiative, has the right to ensure the preparation of design documentation in relation to individual housing construction projects.

Point 4

– Types of work on the preparation of project documentation that affect the safety of capital construction projects should be performed only by individual entrepreneurs or legal entities that have certificates of admission to such types of work issued by a self-regulatory organization. Other types of work on the preparation of project documentation can be performed by any individuals or legal entities.

Point 5

– The persons preparing the project documentation may be the developer or an individual or legal entity engaged on the basis of an agreement by the developer or customer that meets the requirements provided for in Part 4 of this article. The contract for the preparation of project documentation may provide for the task of performing engineering surveys and providing technical conditions.

Based on the above, we can conclude that a project or design documentation for the construction of a house is not required if two conditions are met:

Town Planning Code of the Russian Federation

The number of floors of the future house does not exceed 3/
The house is intended to accommodate no more than one family

Therefore, in most cases, design documentation is not required for the construction of a private house, but sometimes the lack of a project for building a house can add headaches to you due to misunderstandings between the contractor and the customer.

Construction permit without design documentation

The next question is: is it possible to obtain a construction permit in the absence of design documentation? The answer is contained in Art. 51 Civil Code of the Russian Federation:

Paragraph 1

– a construction permit is a document confirming the compliance of project documentation with the requirements of the urban planning plan of the land plot and giving the developer the right to carry out construction, reconstruction of capital construction projects, as well as their major repairs, except for cases provided for by this Code.

Clause 9

– for the purpose of construction, reconstruction, major repairs of an individual housing construction project, the developer sends an application for issuing a permit to the authorities authorized to issue construction permits in accordance with parts 4-6 of this article; for construction. The following documents are attached to this application:

Clause 10

– it is not allowed to require other documents to obtain a construction permit, with the exception of the documents specified in parts 7 and 9 of this article.

Clause 11

– The federal executive body, the executive body of the constituent entity of the Russian Federation or the local government authority authorized to issue construction permits within ten days from the date of receipt of the application for issuing a construction permit.

Clause 14

– refusal to issue a building permit can be challenged by the developer in court.

Layout of buildings on the site

Clause 15

– The issuance of a construction permit is carried out by the federal executive body, the executive body of a constituent entity of the Russian Federation or a local government body authorized to issue a construction permit without charging a fee.

Clause 18

– The developer, within ten days from the date of receipt of the construction permit, is obliged to transfer free of charge to the federal executive body, the executive body of the constituent entity of the Russian Federation or the local government body that issued the construction permit, information about the area, height and number of floors of the planned capital construction project , on networks of engineering and technical support, one copy of a copy of the results of engineering surveys and one copy of copies of sections of the design documentation provided for in paragraphs 2, 8-10 of part 12 of Article 48 of this Code, or one copy of a copy of the planning organization diagram of the land plot indicating the location individual housing construction object for placement in the information system for supporting urban planning activities.

Clause 19

– A building permit is issued for the period specified in the project for organizing the construction of a capital construction project. A permit for individual housing construction is issued for ten years.

To summarize, we summarize the following: when building an individual house on your own site, a building permit is not required. But from the department of a local architectural bureau or from a design organization, you will need to order a plan for the planning organization of the land plot, which is a plan of your site indicating:

site boundaries;
red building line;
boundaries of permissible zones for the construction of residential buildings;
permissible zones for the placement of outbuildings, and so on.

You must indicate the expected overall dimensions of the future home yourself.

House project (IZHS)

Deadlines for obtaining a building permit

Within 3 days, the availability of the necessary documents is checked. In Moscow and St. Petersburg, the section of the project of the facility under construction, submitted together with the application, in terms of the architectural appearance of the building, is sent to the authorized executive body. In the absence of the specified document, a refusal to issue a permit follows. In other regions, the issue of the need to coordinate the architectural appearance of buildings and structures being erected is decided at their own discretion; in some regions there is no requirement to coordinate the architectural appearance.
The project is checked for compliance with the provisions of the urban development plan, permitted deviations from the limit parameters, if any, as well as the red lines.
Within the thirty-day
period counted from the date of registration of the application, the requested construction permit must be obtained. A reasoned refusal to issue it is possible.

The issuance of a construction permit is carried out free of charge by the relevant authorized bodies.
Within three days from the date of issuance of the permit, bodies and authorized organizations involved in issuing a construction permit send a copy of the document to the executive authority of the Russian Federation or the subject of the Russian Federation supervising state supervision of construction.

The federal executive body authorized by the Government of the Russian Federation, within thirty days, checks the compliance or non-compliance of issued construction permits with existing restrictions on the use of real estate located in the airfield area.

When determining cases of violation of restrictions, the mentioned organization sends an order to stop the validity of construction permits to certain executive authorities.

The executive branch, authorized to protect cultural heritage sites, considers the architectural section of the project of the future facility within 25 days from the date of receipt of the documentation. Then she sends a conclusion on the presence or absence of compliance of a section of the design documentation with the protection of historical places and the requirements for architectural directions regulated by the urban planning code to the organization responsible for issuing building permits. The direction and transfer of documentation between the specified bodies and organizations is carried out within the boundaries of interdepartmental information interaction.

Obtaining permission for individual stages of construction or reconstruction of buildings at the request of the developer is also possible and is carried out by the relevant authorized federal executive authorities, bodies of constituent entities of the Russian Federation, local governments, the Roscosmos corporation or an organization that oversees the use of nuclear energy for military purposes.

How to obtain permission to build individual housing construction?

Having read articles 48 and 51 of the Town Planning Code of the Russian Federation, we can say that a permit for the construction of an individual residential building is a document issued in the manner prescribed by law and confirming the compliance of the design documentation with the town planning plan and the territory planning project.

On a note! For individual housing construction, a construction permit is one of the most necessary documents. Moreover, without a construction permit, individual housing construction may simply be in jeopardy, since without it it is impossible, for example, to take out a loan for construction and much more.

Based on the main points of Articles 48 and 51 of the Town Planning Code of the Russian Federation, presented above, we will discuss what documents are necessary for the construction of an individual residential building.

What documents are needed to obtain permission to build individual housing construction?

First you need to define the concept of individual housing construction. An individual residential building is a detached house with a height of no more than 3 floors, intended for residence of no more than one family. Moreover, the construction of mixed-storey houses and townhouses on the site is not allowed.

To obtain permission to build an individual residential building (IHC), the owner or tenant of the plot writes an application in the established form with the following documents attached to the administration of the district in which your land plot is located, or to the architectural department:

Title documents for the land plot (certificate of ownership or lease right and cadastral passport of the land plot).
Urban development plan of the land plot (GPZU).
Scheme of planning organization of a land plot (SPOZU) indicating the location of an individual housing construction object, agreed upon with the district architect.
Consent of all rights holders of a capital construction project in the case of reconstruction of an individual residential building with the attachment of title documents for the residential building.
Developer's passport details.
At the request of the developer, design documentation. It is recommended to have an architectural passport of the house project.

Sample OSD

Architectural passport of the house project

An architectural passport is a document that contains basic information about the project. The composition of the project passport is similar to the preliminary design, which includes:

title page;
Total information;
list of drawings;
explanatory note;
floor plans;
roof plan;
facades and sections.

The architectural passport of the project is needed not only to obtain a building permit. It is also useful for determining the preliminary cost of a home. The passport in no case replaces the project, since even with a competent approach to construction, it is impossible to build a house according to the architectural passport.

But, with a small construction budget, sometimes it is better to first make a preliminary assessment so as not to make a mistake in choosing a project for implementation.

On a note! In accordance with paragraph 10 of Article 51 of the Town Planning Code of the Russian Federation, the requirement of other documents in order to obtain a construction permit from the developer of an individual housing construction project is not allowed.

What does the administration check when receiving documents?

Within 30 days from the date the developer submits the application and provides the above documents, the following procedures are carried out:

checking the availability of all documents attached to the application;
checking the compliance of the design documentation or the land plot planning organization scheme (LPOSU) with the designation of the location of the individual housing construction object with the requirements of the urban planning plan of the land plot (GPZU) with red lines.

Application for a construction permit
The developer has the right to request permission to deviate from the maximum parameters of permitted construction or reconstruction. In this regard, the compliance of the design documentation (PD) or the planning organization of the land plot (LPOSU) will be checked for compliance with the requirements established in the construction permit.

If you are not issued a building permit, then you must be given a reasoned refusal to issue this document. The reasons for refusal to issue a building permit may be either the submission of an incomplete package of documents, or the non-compliance of the submitted documents with the requirements of the urban planning plan of the land plot.

Refusal to issue a construction permit is a document that can be appealed in court. If you are not issued a permit, then you must obtain a document confirming the refusal.

On a note! Please note that in accordance with the Town Planning Code, the issuance of a building permit is free of charge. The validity period of a permit for the construction of an individual residential building is 10 years.

Established application form for obtaining a permit

How is a building permit confirmed?

In accordance with Article 51 of the Town Planning Code of the Russian Federation, a construction permit:

confirms the compliance of the project documentation with the requirements of the urban planning plan of the land plot (GPZU), and in the absence of an urban planning plan - with the permitted use of the site;
gives the developer the right to carry out construction, reconstruction of real estate, as well as major repairs.

When selling a plot, the new owner no longer needs to obtain a building permit, unless its ten-year validity period has expired. Because the permit is not tied to a specific person, it is valid for the site as a whole.

What to do when a building permit has been received?

After a building permit has been received, the developer is obliged to provide the following information free of charge to the authority that issued the permit or the architectural administration body within 10 days:

On the height and number of storeys of the planned capital construction facility.
On engineering support networks (technical specifications for connection).
Sections of project documentation or a planning organization diagram of a land plot (SPOZU) indicating the location of an individual housing construction project.

Subsequently, all this information is included in the information system for supporting urban planning activities.

The procedure for legalizing self-construction

First, you should try to legalize any self-construction administratively, and it can be legalized if it meets the following requirements:

There is no building permit, but a fine has been paid.
The type of permitted use of the site does not prohibit the type of construction.
No violation of the interests of third parties has been established.
SNiP standards were observed.

In the case where at least one criterion does not meet the squatter’s criteria, it is almost impossible to legitimize it even through the courts. But if the administration refuses to legalize an object that meets all the requirements, then you can go to court.

To do this you need:

Conduct a compliance assessment.
Try to legitimize self-construction in a pre-trial manner: get a refusal from the BTI, Rosreestr or other authorized bodies.
Prepare the evidence base and conduct the necessary examinations.
File a claim.
Submit the claim documents to the court. If the value of the claims is less than 50 thousand rubles - global, and if higher - city or district.
Register a claim and if the demands are legal, the court initiates civil proceedings.
Conduct court hearings.
Pick up a copy of the extract from the court order.

If the plaintiff's demands were not satisfied, he has 10 days to file an appeal to a higher authority. And if, nevertheless, one of the authorities takes the side of the plaintiff, then it will be possible to begin registering ownership of the building.

When is a building permit not required?

The legislation provides for cases when a construction permit on a land plot is not required for individual housing construction (IHC), personal subsidiary plots (LPH), gardening and dacha farming. The exceptions are:

Construction of a garage, if the site is provided to the owner not for business activities.
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.

On a note! Construction can begin immediately after receiving permission to build or reconstruct a residential building. After completion of construction, the building must be put into operation and registered.

Implemented individual housing construction project made from natural materials