- When a building permit is required
- What objects can you really get permission for?
- Object parameters (regulated minimum)
- The action of the town planning regulations
- Regulated limit and types of buildings
- Applying for a permit
- Contacting local authorities
- Requirements for project documentation
- Obtaining a permit and registration of construction works
- Important points
This article will guide you on how to obtain a private housing permit without many pitfalls. We will highlight the most important legal aspects of the procedure and give some useful advice.
Building a house is almost always associated with a lot of paperwork. In addition to design and permissive documentation for engineering and technical support, a permit for individual housing construction is almost always required – a document giving the owner of a land plot the legal right to carry out construction work, major repairs or reconstruction of buildings.
It should be noted that the presence of a permit for individual housing construction is rarely checked, and therefore many neglect it. However, according to the Code of Administrative Offenses, the amount of the fine for the illegal construction of buildings on the site can be about 7 thousand rubles. You can avoid administrative penalties by spending no more than two weeks on the registration of individual housing construction in local government.
When a building permit is required
Is there a real need for formal access to construction or renovation work? According to article 51 of the Urban Planning Code of the Russian Federation, the category of objects requiring a permit for individual housing construction does not include:
- Temporary, non-capital and auxiliary buildings on the land.
- Buildings undergoing cosmetic repairs.
- Buildings, in the process of repair of which the basic plan of the premises does not change, design features and characteristics that ensure reliability and safety.
- Objects, the modernization of which does not lead to exceeding the established limit parameters (red lines).
If the construction object can be classified as a garage, bathhouse or other outbuilding, built without the purpose of obtaining commercial benefits, a permit for individual housing construction is not required. There are cases when guest houses and small buildings were led to this definition, but if the development is large-scale, you still have to get permission.
What objects can you really get permission for?
The permit for individual housing construction allows the construction of buildings classified in a separate category by the town planning regulations. If the construction object does not meet the established indicators, a different type of approval should be obtained – for example, a capital construction permit.
Object parameters (regulated minimum)
To obtain a permit for individual housing construction, the projected building must meet a number of basic requirements for the planning and layout of premises:
- at least one living room (from 12 m2 for the living room and from 8 m2 for the bedroom);
- kitchen (from 6 m2 or from 8 m2, if a heating boiler is installed in it);
- separate bathroom (from 1.5 m and from 0.8 m wide for the bathroom and toilet, respectively);
- corridors (from 0.85 m wide).
The main premises must be at least 2.7 meters high. The building should be removed 5 meters from the red line of the streets and 3 meters from the driveway and the borders of neighboring land plots. The residential building must have full engineering and technical support: electrification, water supply, drainage system, ventilation and heating.
A more accurate classification of premises, which are subject to the urban planning regulations, are described in the section “Construction Design” 55.13330.2011 SNiP. If a building partially does not correspond to the category of a residential building, the procedure for issuing a permit for its construction may be very different from the standard.
The action of the town planning regulations
Also, the building should relate to the land plan, the dimensions and position of which are included in the general map of territorial zoning. The regulation does not apply to objects that are being built on land plans that have a territorial relationship to cultural monuments, mining zones or public areas.
Regulated limit and types of buildings
According to the terminology defined by the Civil Code of the Russian Federation, detached buildings with a number of floors of no more than three, intended for the residence of one family, belong to the objects of individual housing construction. The construction of attached objects and attics is determined by the requirements for the object to which they belong. In rare cases, when the attached room does not go beyond the red lines of the main building and does not violate its structure, a permit is not required. A controversial issue is the construction of detached buildings: manor houses and guest houses, summer kitchens and holiday homes.
Applying for a permit
If the building fully corresponds to the category of residential construction, there is complete confidence that there will be no complications in the process of issuing a permit for individual housing construction.
Contacting local authorities
Bureaucratic delays begin with writing an application to the city or village administration. Depending on the territorial position of the object, the application form may vary: the corresponding form can be obtained from the local government. In general, the structure of a call looks like this:
Head of Administration (status and name of the settlement)
(Full name of the Official)
from (name of the applicant)
residing (s) at ___________________
Passport: Series ___ Number_______________________
Issued by _____________________ ___ (HH. MM. YYYY)
I would like to ask you to give me permission to conduct individual housing construction on a land plot located at: (full address and subject of the Russian Federation). I confirm the ownership of the property (title of the document confirming the ownership). Attached to the appeal is a complete list of accompanying documentation established by Part 7 of Art. 51 of the Civil Code of the Russian Federation in accordance with the inventory:
1. A certified copy of the application approved by (name of the local government body) and certified by (full name of the Head of Administration).
2. Certified copy (name of the document confirming the ownership of the land plot. Series, number, by whom and when issued.)
3. Collection of design and approval documentation containing:
a) ____________________ (title of document No. 1)
b) ____________________ (title of document No. 2)
c) ____________________ (title of document No. 3), etc. (be sure to indicate the serial numbers of documents, dates of compilation, stage of development.)
(If necessary) I ask permission to exceed the maximum parameters of the building in accordance with Part 11 of Art. 48 Civil Code of the Russian Federation. The values for which the limiting parameters will be exceeded are indicated in (name of the project document, implying that the dimensions of the structure go beyond the red lines) (If necessary) Please provide the right to perform work (name of the contractor, series and number of the license to conduct construction work). I am enclosing a sample work contract defined by (name of the constituent document) (name of the contracting organization). Please consider the appeal sent by me within 10 (ten) days.
“____” __________ _____ signature Surname I.O.
An application drawn up in the prescribed form must be accompanied by a number of documents:
- Resolution of the head of the local administration on providing the owner of a land plot for individual housing construction and permission to build.
- A document confirming the right to build or ownership.
- Urban plan of the site.
- A package of project documentation (master plan, situational plan or act on full-scale UGZU, passport of a land plot and a project of a residential building).
- State expert opinion on the provided project documentation.
- If you plan to violate the limiting parameters of the structure – permission to go beyond the established limits.
- If the construction is carried out by a contract method – a license to carry out construction work.
When all the documents are collected and the application is submitted, it is considered, the completeness and compliance of the accompanying documentation is checked, after which the application is either satisfied or the building is refused, necessarily arguing the reason for the refusal. By agreement with local authorities, it is possible to issue permits for certain stages of construction: land work, foundation, erection of walls and others like them.
Requirements for project documentation
According to Part 3 of Art. 49 of the Civil Code of the Russian Federation, the preparation of design documentation for the construction of individual housing construction is an initiative of the developer. This means that for the construction of residential buildings with no more than three floors and intended for the residence of one family, design documentation and its state expertise are not required..
Obtaining a permit and registration of construction works
When the permit is received, the developer is obliged to provide the local authorities with data on the construction object within ten days: area and height, layout of the plan, number of storeys, scheme of connection to utilities, thereby registering the construction site.
The permit is valid for ten years, but it can be renewed if construction work has already begun at the time of expiration. To do this, you must submit an application no later than sixty days before the expiration of the current permit for individual housing construction.
The composition of the City Planning Code clearly indicates the following aspects:
- Consideration of an application for obtaining a permit for individual housing construction is carried out no more than within 10 days.
- Refusal to issue a permit is possible only if the accompanying documentation is incomplete or unreliable.
- The procedure for obtaining a permit is completely free.
- Representatives of local self-government bodies have no right to demand any additional documentation, except for that provided by the code.
- When changing the owner of the land plot, the right to build and the validity period of the permit remain.
As you can see, it is not difficult to obtain a permit for individual housing construction, but this will help to avoid all sorts of incidents in the form of administrative sanctions and fines from local regulatory authorities. A permit for individual housing construction can be a life-saving document if complaints from local residents or institutions are sent to the construction site.