How to obtain a building permit through State Services - Step-by-step instructions

Why was the building permit replaced with a notification?

Until August 3, 2021, and in accordance with the requirements of Article 51 of the Town Planning Code, a permit was required to begin construction, which is intended to document the fact that the residential building construction project complies with the plans for using the site in a given settlement or its structural part.
Permits issued before the entry into force of the Civil Code of the Russian Federation are also recognized (clause 3, article 8 of the Federal Law of December 29, 2004 N 191-FZ). Obtaining a construction permit took 10 days and required financial and time costs for the preparation of the following documents:

House construction or reconstruction project;
Certificate of examination of the project’s compliance with the urban planning plan;
General development plan on a scale of 1:500 indicating the axes of buildings;
An extract from the Unified State Register of Real Estate for a land plot or a certificate of ownership, or a lease agreement.

However, according to the new article 51.1 of the Civil Code of the Russian Federation, from August 3, 2018, the notification procedure began to operate and it is no longer necessary to obtain a construction permit.

The notification procedure was introduced to reduce the time required for consideration of applications and increase the pace of construction. However, the period for issuing permits has also been reduced for those objects that do not fall under this procedure. These include particularly dangerous, complex and unique structures. As a rule, residential buildings are not like that.

The advisability of introducing a notification procedure is disputed by experts. The main arguments: the increase in residential buildings that do not meet safety standards, as well as the use of land for other purposes. New problems, of course, can be solved with the help of state control bodies, but they also create additional burden on the regulatory body. In general, a vicious circle.

It turns out that the notification of the planned construction or reconstruction of an individual housing construction project is a variant of a contractual relationship, when one of the parties assumes responsibilities for the construction of a structure in accordance with the submitted documents, and the other gives permission to do so and monitors the compliance of the developer’s actions with the stated documents.

Can a building permit be refused?

If the rules of planning and placement in special zones are violated, the administration may send a notice of non-compliance with parameters or inadmissibility of construction on a given plot of land. The most common reasons for this decision are:

submission of an application by a person who does not have the right to use the land plot for individual housing construction;
failure to maintain the distance between sanitary or utility buildings;
non-compliance with area, height and number of floors standards, severe shading of neighboring areas;
non-compliance with fire safety rules;
lack of a written agreement on the proximity of a residential building to the boundaries of the neighboring plot;
violation of construction rules in protected areas, lack of coordination with authorized bodies;
the need to conduct a state cultural and historical examination (for example, archaeological excavations) in the territories that include the specified land plot.

In the absence of agreement with the administration, the owner will not be able to officially register the building, formalize ownership rights and provide centralized water, heat and electricity supplies. If the house violates sanitary standards or the rights of neighbors (for example, due to too great a height or improper location of the septic tank), the authorized body may apply to the court to demand the demolition of the illegal squatter building.

To avoid additional costs, it is better to check in advance whether the dimensions and location of the future home comply with building codes.

What documents are needed to start building a house in 2021

To legally start construction of a residential building you need:

Notification of the start of construction (we will discuss the receipt procedure below);
An extract from the Unified State Register of Real Estate for the land plot, in which the applicant is indicated as the owner or tenant. You can order a document without leaving your home.

Rosreestr sends extracts from the Unified State Register within 3 days (there are delays). If you want to get information faster, I recommend ordering statements directly through the Rosreestr API - this way you will receive the document within an hour. The cost is the same - 250 rubles, the official data is from the Unified State Register of Rosreestr and is confirmed by the registrar’s electronic digital signature (EDS).

Extract from the Unified State Register of Real Estate, which I recently ordered through the Rosreestr API

After completion of construction

When construction is completed, you will need to notify the administration again. The law allows 10 years for construction. If you do not give notice of termination within this time, it will be deemed that notice has not been given. Also, within 7 days, your notification will be reviewed, and based on the results, a commission will be sent to you, which will inspect your home and evaluate its compliance with the requirements.

If your house suddenly has more than three floors or violates construction rules, they will offer to demolish it.

If everything turns out to be in order, your documents will be submitted for registration of ownership, upon completion they will issue an extract from the Unified State Register of Real Estate, and the quest can be considered completed.

What kind of construction needs to be notified?

The following construction is subject to the notification procedure:

An individual residential building on land for individual housing construction or private plots;
Garden house on SNT lands.

Please note that from January 1, 2021, lands used by summer residents are divided into two types: garden and vegetable gardens. Construction of a residential building is now possible only on plots of the first type and only after notifying the municipality. Land for gardening has a different purpose and is no longer subject to residential development.

Categories of land and types of permitted use

When is notification NOT required?

If we proceed from the principle “everything that is not prohibited is permitted,” then, in accordance with the norms of the Town Planning Code, notification of planned construction is required only for buildings that are subject to town planning regulations. All other objects do not require this permission. Thus, the list of objects free from permitting procedures includes:

buildings performing an auxiliary function (garage, bathhouse, barn, greenhouse, etc.), located on lands not intended for commercial use;
objects that are not capital;
temporary structures erected to support any work (mining, excavation, laying communications, etc.);
objects in which minor changes to the construction project are planned.

One of the comments to Art. 51.1 Civil Code of the Russian Federation: sending a notification under Art. 51.1 is not required if the application for a permit for the construction of an individual housing construction project is submitted before 08/04/2018.

It would be logical to include in this list buildings that were built without prior permission and which were legalized in a simplified manner, for example, under the dacha amnesty. However, this situation does not quite fit into existing standards and is an indicator of the presence of contradictions in the transition period.

Advice: always check the need to submit a notification about the start of construction with government agencies. The easiest way to do this is to call the Department of Architecture on whose territory the land plot is located.

Reasons for refusal to notify planned construction

They may refuse to receive a notification if there are inconsistencies in the collected documents, or if any data is missing - the reasons for the refusal are strictly defined in the Town Planning Code. So, the reasons why they can refuse on legal grounds:

the parameters of the object or dacha building specified in the notification by the developer do not correspond to the dimensions provided for in the legislation on the reconstruction and construction of capital real estate;
building or land ownership rules are violated;
all documentation on the planning of the territory has not been collected;
the mandatory requirements for the development of a certain territory have not been met;
notification of the planned construction was sent to the appropriate authority by a citizen who does not have any rights to this land plot.

Only the owner of the land or his legal representative, who has a notarized power of attorney, has the right to submit all documentation and applications.

But in practice, there are other grounds on which a positive decision on notification of planned construction may be denied:

during the construction of the building, a 3-meter setback from neighboring plots was not observed, and even the foundation was taken into account;
the land plot on which construction is planned is located at the intersection with forest fund lands;
refusal is guaranteed if the site is located in a zone or enters the lands of a protective strip of highways of regional or federal significance, and so on;
if the site is in shared ownership, then the planned construction may also be refused; They will refuse if there is no technical plan of the building in electronic form - it will be submitted after the construction of the building.

“The work carried out by the Office of Rosreestr in Moscow in interaction with SRO KI and cadastral engineers has a positive effect on the quality of service provision, leads to a reduction in errors in state cadastral registration and registration of rights, increases the level of protection of the rights of property owners, which has a positive impact on the results of ongoing work during registration and registration activities,” –
Maria Makarova
. (Deputy Head of the Rosreestr Office for Moscow). 10/30/2019

Received a notice of non-compliance

How to solve the problem, let's look at the most common cases of failure:

Also, every developer has the right to go to court if he believes that the decision on non-compliance was made illegally.

Received a return notice

A notice of planned construction may be returned if the package of documents is not fully collected, for example, there is no cadastral passport for the plot or there is no consent of the neighbors of the dacha plot for the construction of real estate.
In any case, the owner is given time to make changes and corrections, obtain the appropriate conclusions and certificates and resubmit the complete package of documents to the relevant institution.

If the developer is completely confident that he is right and considers the decision made to be illegal, then he has every right to appeal to a higher authority and demand the cancellation of the negative decision.

If the commission does not give a positive answer, you can go to court with a claim that the decision was unlawful.

If you don’t want to collect the necessary documents yourself and waste your precious time going to offices, contact our company’s specialists, who will take care of all the preparation and collection of documents. We guarantee a 100% positive result in receiving notification of compliance with the planned construction.

How to fill out a notice of planned construction

First, you need to download the official notification form, which was approved by Order of the Ministry of Construction of Russia on September 19, 2021: No. 591/pr “On approval of notification forms required for the construction or reconstruction of an individual housing construction project or garden house.”

Another oddity of the new legislation: the notification procedure was introduced on August 3, 2021, and the official notification form was approved only 1.5 months later - on September 19, 2021.

After downloading the official notification, all you have to do is print the form and fill it out according to the sample below.

Sample filling

How to submit a notice to start construction

The owner of the land plot, who is indicated in the extract from the Unified State Register, or a notarized representative must submit a notification about the start of construction. When the documents are ready, you can notify the administration in the following ways:

Personally through the MFC “My Documents”;
Personally hand over the documents to the Secretary of the Department of Land and Property Relations (DIZO) of the Administration on whose territory the land plot is located. Don’t forget to get the incoming request number from the secretary;
Send original documents by mail with notification;
Send scanned copies of documents through the State Services portal. You must have an electronic digital signature (EDS).

Next, the approval procedure will look like this (using the example of the Moscow region):

The GosArkhStroyNadzor Inspectorate of the Moscow Region is verifying the compliance of the declared documentation with the actual situation.
After this, the architecture and urban planning body of the municipality submits the documentation for registration to GosArkhStroyNadzor of the Moscow Region.
The package of documents is reviewed within seven days, after which the object is registered or the application is rejected.

After checking the parameters of the house for compliance with town planning norms and rules, the municipal administration issues a “Notice on the compliance of the notice of planned construction of the parameters of an individual housing construction project with the established parameters and the admissibility of placing an individual housing construction project on a land plot” (you must agree that the name could have been invented and in short), and the developer receives the legal right to begin construction.

Sample notification on the compliance of the notice of planned construction of the parameters of an individual housing construction project with the established parameters and the admissibility of placing an individual housing construction project on a land plot

How to put a built house into operation

What should I do if the site is located in an area where construction requires a permit?

If the site is located near an airfield or in a specially protected natural area, and you want to build a private house on it, you will have to obtain permission. To do this, you need to prepare a list of documents and contact the administration on whose territory the land is located. The application will be considered for 7 days, and as a result, the citizen will be issued a permit and an urban development plan, which will indicate the address, size and area of the site, as well as legal requirements that must be observed during the development process.

How to obtain an old-style building permit

The notification procedure applies to planned construction projects of less than 500 square meters. meters. For the construction of buildings with an area of over 500 sq. meters, as well as especially dangerous and unique buildings, you will have to obtain an old-style construction permit with all the ensuing packages of documents (cited above).

Since the Town Planning Code is the main law regulating housing construction, including individual housing, construction permits can only be issued to those developers whose lands are subject to town planning regulations. Where urban planning regulations are not in effect, the issue of a construction permit can be resolved at the federal level, as well as at the levels of federal subjects and local governments. However, this is only possible if there is a development plan for the territory.

The Civil Code of the Russian Federation contains only general requirements for developers. In each specific case, the algorithm of actions may have its own nuances, but usually individual residential construction is carried out on municipal lands. If this is really the case, then you need to go to the Town Planning Committee of the given territorial subordination.

The actual issuance of a building permit is carried out by the chief city or district architect. The document is approved by the head of the city, district or other municipal body.

Documents for filing a notification

Let us remind you once again that there are two notifications from you - about the beginning and the end of construction. Accordingly, the attached documents are fundamentally different.

In general, when it comes to collecting documents for a particular procedure, we strongly recommend not to be guided by data from the Internet and other remote sources, but to contact the performers directly. This way you will save time and possibly money.

To start construction/reconstruction:

Self filled
Passport of the owner of the land plot on which the house will be built.
Power of attorney, if an authorized person applies. Including if there are several owners of the site and only one of them applies.
You can also attach the title document to the plot. Optional.
For 100% results, many advise getting a GPZU for the site. It's free and, again, optional.

The main condition is that the site must already have undergone the land surveying procedure and its boundaries can be seen on the public cadastral map.

To complete construction:

Naturally,
Passport of the owner of the land plot on which the house will be built
If you are more than one owner/tenant, you need to freely prepare an agreement on dividing the future home into shares. Preferably with a graphic part (section on the design drawing).
Power of attorney, if an authorized person applies. Including if there are several owners of the site and only one of them applies.
Technical plan for a built house

Once the documents are submitted, we can consider that the job is done. But you need to remember to check and eventually receive an extract from the Unified State Register at home.

Validity period of the building permit

A building permit is a legal document and part of the title to the property. This means that a plot with an unfinished facility can be sold and the permit will be transferred to the new owner legally.

Therefore, if the building permit has expired and the house has not yet been put into operation, you only need to notify the local administration of the change of owner. For example, the validity period of a permit for individual construction of a residential building is 10 years.

News about filing notifications

We need to start by reminding and explaining once again that until 2026, new houses CAN be registered without filing notifications. The registration recipe is simple - build a house, observing urban planning standards, order a technical plan for the house and submit it directly to Rosreestr.

But without the “BUT”, this innovation in legislation would be boring and insipid. Now, in order:

Nobody forbade submitting a notification about the start of new construction. That is, you can follow this scenario. The only difference will be the time required to submit the notification and the fact that the technical plan will subsequently need to be submitted not to Rosreestr, but to the District Administration. That is, there will be another intermediary in the preparation of documents.
If you follow the “dacha amnesty” route and decide to bypass the notification, a surprise awaits you. The house will not be registered if the registrar at Rosreestr deems it necessary to request additional permitting documents from you. And these are all the same approvals from the Federal Air Transport Agency, Rosnedra, Cultural Heritage, etc. Only they need to be attached not to the notification, but to the technical plan. Amnesty in action!
Let's dive deeper into the renovation notice. It turns out that reconstruction without notification does not fit into the Amnesty. And now even garden houses, not to mention any residential buildings, need to be reconstructed only with the submission of a notice.
If you dig even deeper, it turns out that all those respectable developers who have already submitted a notice of the start of construction of a new house cannot, due to the amnesty, immediately submit a technical plan. It is necessary to prepare a notice of completion of construction and submit a technical plan to the Administration. That is, the simplified procedure bypasses such developers.

What are the restrictions when building a house?

Please note that in the summer of 2021, the Russian Government approved draft laws relating to unauthorized development and establishing uniform parameters for individual housing (IHC) under construction. According to the head of the Ministry of Construction of the Russian Federation Mikhail Men, individual housing construction is:

A separate residential building with no more than three above-ground floors and a height of up to 20 m.
Such a house should not consist of separate apartments or block sections.
The above restrictions also apply to garden and residential buildings on summer cottages.
The law establishes legal regulation of the construction of individual housing construction with an area of up to 500 and more than 500 square meters. m.

Do you need to notify about the construction of a bathhouse if you plan to build a house?

If the bathhouse is the object of capital construction, and subsequently you decide to register it and then buy the land, then the clear answer will be - of course, submit a notification. If the land lease agreement does not contain special conditions for the purchase of ownership, such as: construction of a residential building and the percentage of development of the land plot, then you purchase the land plot in accordance with clause 6, clause 2 of Art. 39.3, Art. 39.20 Land Code of the Russian Federation.

If you do not have problems paying rent and building a house at the same time, then you can not rush into transferring ownership and buy the land after registering the bathhouse.

Scheme of planning organization of a land plot (SPOZU)

You can order a land plot planning organization diagram (LPOS) or make it yourself. Considering the prices for its production - from 5,000 to 20,000 rubles - it is worth spending a little time and effort. You can draw a diagram by hand or using computer programs - Paint, Gimp, Photoshop, AutoCAD and so on.

The first thing you need is a GPZU (urban planning plan for a land plot). Let us remind you that it can be obtained free of charge from the district architect. It looks something like this:

You need to take the drawing itself from the GPZU. If you are making a SPOSURE on a computer, scan the drawing in the best quality, remove the excess, draw and add what is missing.

What should be included in the SPSU and what are the requirements for it?

All requirements and recommendations are set out in the same order of the Ministry of Construction No. 591/pr (list of requirements). We present this list with a description.

Scale.

The SPOSURE must be done at a scale of 1:500. If the area of your plot is less than 1 hectare, then the GPZU has the same ratio, which greatly simplifies the matter when redrawing, but make sure that the scale is preserved when printing the document from your program. If your plot occupies from 1 to 10 hectares, on the GPZU it will be depicted at a scale of 1:2000, and for the GPZU it will have to be reduced by 4 times.

Format.

The diagram is made on sheet A3 or A4.

Graphic part (drawing)

Boundaries of the site (already on the GPZU).
Existing capital buildings. If among them there are those that are subject to demolition, they are designated separately. Sheds, garages, bathhouses and greenhouses are not permanent buildings and do not need to be shown on the diagram.
Designed house.
Existing utilities.
Approaches and driveways to existing and planned capital buildings.
Security and sanitary zones, coastal strips, public easements. Most likely, you will not have any of the above.

All this must be marked and signed (see example). Also indicate setbacks from fences (or future fences) and other buildings, if any.

Text part

Land area.
Built-up area. For the calculation, all existing and planned capital buildings are taken. Their area is measured at plinth level on the outside of the building (i.e. not from the inside). Porches, terraces, and the area under the building on supports are also included here.
Development percentage. This is the ratio of the building area from the previous paragraph to the land area (should not exceed 0.2).
Total floor area - the sum of the areas of each floor (including the attic and basement, if the ceiling of the basement is 2 m or more above ground level). This also includes the space between flights of stairs more than 1.5 m wide.
Building density is the ratio of the previous point to the land area. Maximum - 0.4.
Maximum height of buildings. Domes, spiers and towers are counted in this indicator; antennas, lightning rods - no.
Number of floors of the building. The number of above-ground floors is taken into account.

Also, do not forget to sign your diagram, indicate the cadastral number of the plot and its address (at least accurate to the village and SNT).

Examples of SPOSU:

(stroimmaster.ru)

conclusions

The notification procedure is beneficial to developers: firstly, approval is accelerated and simplified; secondly, it is now possible to make changes to the project during construction without cumbersome approval procedures, which in terms of time and costs are comparable to obtaining a new permit.
However, there were also disadvantages. The apparent lack of control and freedom of action may lead to unacceptable deviations from existing standards for construction and land use in the future. As a result, everything may end for the developer with a decree on the demolition of the object or significant changes in its structure. But the saddest consequence may be the seizure of land on the basis of its inappropriate use.

Examples of refusals of building permits