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.
Is a four-story individual housing construction an unauthorized construction?
Assistance in legalizing unauthorized buildings and protecting them from demolition: from cottages to shopping centers
Situation: the developer owns a plot of land with the type of permitted use - “for individual housing construction.” On the specified site, the developer erected a four-story residential building.
The district administration intends to file a lawsuit to recognize the building as unauthorized and to demolish it at the expense of the developer.
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.
The legislative framework
In accordance with Article 42 of the Land Code of the Russian Federation, owners of plots must use them for their intended purpose and only in permitted ways.
The requirements for houses that are allowed to be built on individual housing construction sites are placed in Part 3 of Art. 48 Civil Code of the Russian Federation.
In Art. 222 clauses 1, 2 of the Civil Code of the Russian Federation states that any objects built without taking into account the type of permitted use can be considered unauthorized buildings and subject to demolition at the expense of the developers who erected them.
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.
Registration of land for placing an individual house
This method is the simplest in terms of obtaining land and registering ownership of it. The plot can be purchased or obtained at municipal auctions for rent for work (after registration of the erected house, the plot can be purchased in accordance with Article 36 of the Land Code of the Russian Federation).
When making this choice, it is necessary to take into account a number of points:
- When purchasing land, the purchasers must indicate 2 persons. As a result of the transaction, they will own shares in the common ownership of the site.
- In the case of the use of land owned by the municipality, the agreement must provide for a plurality of persons on the part of the tenant.
- The main type of permitted use of the site should be the placement of individual residential properties (Article 37 of the Town Planning Code of the Russian Federation). Before purchasing or concluding a lease agreement, it is necessary to study the decision of local authorities on the zoning of the territories of a settlement to determine the possibility of placing a house on them.
When the duplex is built, it will also be in common shared ownership of the neighbors.
This will have a number of consequences:
- Housing and land cannot be transferred as a result of the transaction without obtaining the consent of the neighbor.
- In the event of a sale, the liquidity of a share in ownership will be significantly lower than that of a separate premises.
- The utility bill will be shared.
The simplicity of the initial registration will be offset by certain legal and market difficulties in the further use and disposal of part of the duplex and plot.
Is it possible to build a house on a plot for private plots?
The construction of buildings on the lands of private household plots within the boundaries of a populated area is permitted without additional approval or transfer of the site to another category. The land user has the right to build a residential building and auxiliary buildings if this does not violate the rights and legitimate interests of other citizens.
- general passport;
- permission to put the house into operation;
- technical documentation with a schematic plan of the structure;
- a document confirming the existence of property rights to the site;
- registration application;
- receipt of payment of state duty.
Is it possible to build apartment buildings on plots for individual housing construction?
Author Rina Miro
27.03.2019 12:57
Real estate
Individual housing construction is the construction of a private house with no more than 3 floors on a plot of land allocated for such purposes. The area of a residential building should not exceed 1.5 thousand square meters. Such a house is not divided into independent real estate units. There are unscrupulous developers who build apartment buildings on such sites. Is this legal?
All lands are divided into categories. Each land plot has its own type of permitted use. It is not permitted to use areas with one type of use for any other purposes. There are such types of permitted use as agricultural use, residential development, for individual housing construction, for private farming, public administration, scientific activities, entrepreneurship, road transport maintenance and many others.
An apartment building involves the presence of several apartments, from which you can go directly to the area adjacent to the house, or to common areas.
Theoretically, it is possible to build an apartment building on a site for individual housing construction. To do this, you only need to change the type of permitted use of the site, otherwise the developer will violate the requirements of the law. In order to build an apartment building, it is better to choose land within the populated area. A topographic survey is carried out on site to determine the terrain and its characteristics. It is necessary to determine the exact dimensions of the building proposed for construction, carry out engineering and geological surveys, and determine the composition of the soil.
Plots for individual housing construction represent a special category of land, different from the same garden partnerships and agricultural land. There are more requirements for the use of plots for individual housing construction, since such plots are the most in demand among the population. Consequently, in case of unauthorized construction of an apartment building on a site for individual housing construction, the actions of the developer will be regarded as illegal, and he will have to bear responsibility for them. If it turns out that the constructed residential building is an apartment building, and this is reflected in the court decision, this house is subject to demolition at the expense of the owner.
When constructing any building, it should be remembered that the sites must be used for their intended purpose.
If, nevertheless, it was possible to build an apartment building on a land plot for individual housing construction, it is unlikely that the developer will be able to properly prepare all the necessary documents. And without completed documents it will be impossible to put the house into operation.
Photo: bel.ru
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Construction of an apartment building in the private sector
There are 2 houses on a plot of land in the private sector - one of them belongs to L.I. - letter A, and the other since 2006 is a multi-apartment building, in which there are 5 apartments - letter B, respectively, opponent L.I. in my question, there will be all 5 owners as one unit. The land plot is still municipal property. I purchased an apartment in an apartment building in November 2007, and found out the following: October 22 L.I. An application was submitted to the magistrate's court to determine the procedure for using the land plot in order to divide it into 2 addresses. The first meeting took place on November 23, 2007, at which it became clear that the concrete platform with an area of 20 m2, built in the spring of 2007, “in the courtyard” of the house letter B, is not an element of improvement, like L.I. explained this to the owners of the apartment building before, but is called an unfinished construction project. L.I., through a judge she knew, removed the squatter building and registered it as property (court decision dated May 11, 2007, entered into legal force on May 22, 2007). I only got to the hearing on January 11. By the time I figured it out and got into it, time had passed. At the end of January, we filed an application to reconsider the case due to newly discovered circumstances; naturally, we were denied by an “impartial judge,” and during the consultation, the lawyer told me that newly discovered circumstances could not take place here and that it was necessary to file a supervisory complaint. We are writing a statement to restore the deadlines (6 months is a long time ago, bye-bye.) Pointing out that, firstly, we did not know about the meeting, like other users of the land plot, and secondly, no one asked us, did not take a building permit any object, and thirdly, SNiP is grossly violated, I won’t write why, but it is so. We submit it at the end of March, but it is returned not accepted, supposedly not a notarized power of attorney, on the basis of which I represent the interests of one of the owners - a pensioner. Realizing that there is no time for a private complaint, I submit the application again, as a result, the “impartial” judge again left it without action, then went on vacation, I submitted more documents, and finally, the meeting was scheduled for June 26. We were refused again. The definition clearly states: other methods of appeal have not been exhausted, and that the case should generally be considered in legal proceedings. Where was my lawyer looking? And now it turns out that the problem cannot be solved? What should I do? Thank you.
Is it possible to build a second house on a plot of land for individual construction?
Or the only option is to build one house with two entrances for two families. The plot is for one owner and we don’t want to divide it. There are two houses on one plot, it is necessary to give a number to the second house and separate... ...houses for small plots, on the 1st floor there will be 3 rooms, one... More precisely, 3 meters to the fence and 6 meters between buildings. The distance between buildings within the boundaries of one plot is not regulated.
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In this case, the construction of a residential building may be allowed subject to certain restrictions or prohibited in principle. The land legislation of the Russian Federation divides all existing lands into several categories, based on their intended purpose. One of the listed categories is land of settlements.
