Features of obtaining permission
The construction of a house on a site without municipal consent is prohibited - such construction is considered unauthorized.
A permit to build a house in 2021 is a document that ensures the legality of the construction of real estate. Without it, further introduction of the object into use and registration of ownership rights is impossible. A permit for the construction of a residential building in 2021 confirms its compliance with the project and the rules of the legislative branch and sanitary standards. Grants the right to the owner of a land plot to erect a building. The document can be received by the owner of the site, the employer or the principal. When submitting certificates, the following is checked:
- does the calculation documentation comply with the requirements of the legislative authority;
- Is it permissible to locate the object on the territory?
A person who built a building without permission to build a private house in 2021 will in the future be able to legalize the property only through the court. A certificate is issued by the local municipality.
Important! If the territory on which construction is planned is located in different areas from the municipality, the document is issued by the administration of the subject of the Russian Federation.
After submitting an application for permission to build a country house in 2021, you should wait for a response from the authorities that the planned structure meets the requirements. There is no need to pay a fee to obtain the certificate.
Important! Regardless of whether your land is your own or rented, you should obtain permission to build a garden house in 2021. If the owner of the property under construction changes, the certificate remains valid. It is allowed to extend the validity of a document by sending an application to government authorities.
What is a permanent structure on a plot of land?
It is important to clearly define which objects are classified as permanent structures according to the laws of the Russian Federation.
First of all, this is necessary for the owner himself, since the appropriate documentation must be drawn up for all permanent buildings.
Based on this, objects are classified as taxable or non-taxable. But without registration of the object, it is impossible to connect communications, transfer ownership and other actions in relation to the object.
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To understand which construction requires registration and which does not, you need to consider their difference in more detail.
Features
Experts identify several features that distinguish permanent buildings from other structures; let’s look at the most common of them in more detail.
The main distinguishing feature of a capital structure is the presence of a foundation. It acts as a kind of connection with land resources.
Based on this, the following sign appears, namely the presence of permits that must be issued on the basis of relevant requirements, based on
Town Planning Code of the Russian Federation. They must comply with the urban planning plan of the land plot.
Having a list of necessary documents, the owner can begin construction of the facility. At the same time, he can carry out construction work himself or hire contractors.
This attribute does not play a role in determining the classification of a building. As a rule, the owner must have documents confirming the right to use or dispose of the property.
In the absence of appropriate documentation for the construction and use of a building, such objects are considered to have been erected without permission.
If they are located on the territory of a land property that is privately owned, then the demolition of this structure is impossible.
But this does not limit the owner from other problems. As a rule, people most often encounter the following problems:
- refusal to connect communications from the central system;
- impossibility of registration or re-registration of property rights;
- etc.
To avoid these difficulties, you need to take care of the availability of documents in advance. For this purpose, you need to contact the BTI and provide a construction plan. After approval by the architectural commission, construction can begin.
Classification of objects
Capital buildings and structures are classified according to several criteria. First of all, this is the service life for which the structure is being built.
Based on this feature, the following types are distinguished:
- built for 100 years or more;
- buildings with a limited service life of 50 to 100 years;
- lightweight construction from 25 to 50 years;
- buildings with a minimum service life, from 5 to 20 years.
Of the above buildings, only the first three points of the plan are considered capital structures. Buildings whose useful life is up to 25 years are classified as temporary.
How is it different from non-capital
In addition to permanent buildings, non-permanent ones are distinguished. They have a different design. They differ in area and main elements.
One of the signs has already been mentioned in the previous paragraph, such as service life. The most common of these are canopies and kiosks.
Before we begin to discuss what they are, we need to answer the question “why differentiate between them?”
The main reason why it is worth distinguishing between capital and non-capital buildings is that the first type must be registered, and the second is not subject to registration, is not subject to taxes, if it does not act as a retail outlet and does not require a building permit.
Video: permanent and non-permanent buildings
When classifying a structure as a permanent or temporary structure, all the nuances of its construction are taken into account. First of all, these are construction technologies.
In the event of a conflict between the owner and other persons whose rights are violated by the construction of any object, the issues are discussed in court.
The process must determine what type of building the structures belong to. To determine this, representatives of the arbitration court consider the following signs:
- the likelihood of quick disassembly of the object if necessary;
- the presence or absence of a connection with the land plot, that is, the level of foundation depth;
- equipping the facility with means of communication, which include water supply, sewerage, etc.;
- availability of documents that are attached to the building;
- fire safety level assessment;
- landscaping, etc.
Litigation does not occur if the object has visible signs of a temporary structure.
As mentioned above, the most common of them are the following:
| Kiosk | This is an enclosed space that has a limited area, the size of which provides for the comfortable placement of one person. |
| Canopy | This is a structure without walls, usually a semi-open structure that consists of supports and a roof |
Typically, lighter materials are used to construct temporary structures. These include different types of sheet iron, plastic and even wood.
Many people have the question “is a house on stilts a permanent structure or not?” The answer lies in what the piles and the building itself are made of.
If wooden poles and one of the above examples of materials are used, then it can be classified as temporary.
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But if, when creating a structure, heavy reinforced concrete piles are used, which can support buildings made of brick, aerated concrete, etc., which are fastened with a special mortar and which cannot be quickly dismantled, then this is a permanent structure.
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It, like others, requires special permits and relevant papers.
When constructing a new building, even on your own site, it is important to know what type they are.
This is due to the fact that, according to the law, capital buildings are subject to mandatory registration and at the same time are subject to taxation.
Country houses and other similar buildings raise the most questions. To determine what type of structure the building under construction belongs to, you need to compare it according to the main features of a permanent structure.
Capital buildings primarily include buildings that are erected for long-term use.
As a rule, their minimum service life is 25 years, and the maximum is more than 100. A capital building has a deep foundation. If these are piles, then they are made following the example of reinforced concrete concrete.
For the construction of the structure itself, materials are used that do not allow for quick dismantling and moving the finished structure to another territory.
The presence of communications and other levels of improvement of the finished premises also play an important role.
- 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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When is permission not required?
Permission to build a house in 2021 is required, but not always. Permitting documentation will not be needed if the construction of the following facility is planned (Article 51 of the Town Planning Code):
- garage (for non-commercial purposes);
- horticultural and gardening buildings;
- structures that are not a permanent structure;
- auxiliary structure.
There is no need to contact the administration to carry out major repairs and renovations of the facility - if they do not affect the elements of the structure. A permit for the construction of an individual residential building in 2021 is not required.
What is demolition of capital construction projects?
Demolition of a capital construction project is the liquidation of a capital construction project by its destruction (except for destruction due to natural phenomena or illegal actions of third parties), dismantling and (or) dismantling of a capital construction project, including its parts (Clause 14.4 of Article 1 of the Civil Code of the Russian Federation as amended by 342-FZ dated 08/03/2018).
Important changes:
Demolition of a capital construction project is carried out on the basis of a decision of the owner of a capital construction project or developer, or on the basis of a decision of a court or local government body (Clause 1 of Article 55.30 of the Civil Code of the Russian Federation as amended by 340-FZ of 08/03/2018)
In any case, local government bodies do not have the right to make a decision on the demolition of an unauthorized building in relation to a residential building or garden house (Clause 4 of Article 222 of the Civil Code of the Russian Federation as amended 339-FZ 08/03/2018)
Required documents
The developer must visit the office, whose employee will issue an application form to fill out.
A package of certificates is attached to it. Served in person or by mail. To obtain a permit to build a private house in 2021, the following documents must be presented:
- statement from the Register of land;
- project of the territory (with a limitation period of no more than three years);
- site diagram indicating the location of the facility;
- text and graphic description of real estate.
The municipality requests documents on its own. The review period is 30 days.
What is a technical plan?
A technical plan is a document that reproduces certain information entered into the Unified State Register of Real Estate and indicates information about a building or structure necessary for cadastral registration of such a property (clause 1 of Article 24 218-FZ of July 13, 2018).
Important changes:
The technical plan of an individual housing construction project and a garden house is prepared on the basis of a declaration drawn up and certified by the copyright holder of the property, a notification from the developer about planned construction or reconstruction and a notification about the admissibility of placing the object on a land plot (clause 11.1 of Article 24 218-FZ of July 13, 2015 in edition 340-FZ dated 08/03/2018).
Why can a land plot be seized?
A land plot can be seized from the owner if an unauthorized structure is erected or created on the site and the statutory obligations to demolish it or bring it into compliance with established requirements have not been fulfilled (Article 285 of the Civil Code of the Russian Federation as amended by 339-FZ of 08/03/2018).
Alienation of a privately owned land plot in the event of its seizure due to non-use of such a land plot for its intended purpose or use of such a land plot in violation of the law is carried out by selling such a land plot at public auction.
If on a land plot that is privately owned, along with an unauthorized building in respect of which the obligations for its demolition have not been fulfilled, there are other buildings, structures, objects of unfinished construction, the local government body ensures the division of the original land plot for the purpose of education a plot of land on which only an unauthorized building is located, provided that such a division can be carried out. The said plot is being sold at public auction. The proceeds from the sale of a land plot at a public auction are paid to the former owner of the land plot, with the exception of the costs of conducting the auction (Article 54.1 of the Land Code of the Russian Federation as amended by 340-FZ of 08/03/2018)
These provisions also apply in cases where the decision to demolish an unauthorized structure was made before 08/04/2018 and the unauthorized structure was not demolished within the time limit established by this decision.
