- Why you need to get a permit
- What are the consequences if you start building a house without permission
- Where to apply for permission
- Documents required for obtaining a permit
- What are these documents and how to get them
- Terms of obtaining and validity of permission
Many landowners believe they have the right to build on their land the house they want, when they want. In fact, the process of construction of private residential buildings is controlled by the authorities. The risk of unauthorized construction reaches up to the demolition of the constructed object.
Why you need to get a permit
The requirement to obtain a permit for individual construction is dictated by Article 51 of the Urban Planning Code of the Russian Federation. Consent for the construction of a private residential building must be issued by representatives of the administration of the territory on which the building site is located.
The requirement for preliminary approval of construction with the authorities was introduced so that the construction of a new house does not violate the plans for the development of the microdistrict, as well as the building rules in force in our country. In particular, the house should not be located closer than it should be to common land. On these lands, the administrations of cities and towns are planning the placement of communication lines (water supply, sewerage, gas pipeline, heat transfer lines, power supply, communications), as well as carriageways of roads and sidewalks for pedestrian movement. Other important aspects are fire safety and sanitary regulations that establish the minimum distance between neighboring houses..
What are the consequences if you start building a house without permission
You will not be able to put the built house into operation, register it as property, dispose of it in the future (sell, donate, inherit). You will not be able to register in the constructed housing, there will be difficulties in assigning a postal address.
The presence of a building permit is a prerequisite for sending maternity capital funds for the construction and obtaining a bank loan for the construction of your own house.
In addition, an administrative fine is provided for unauthorized construction (from 2 to 5 thousand rubles). If a house is built with a gross violation of technical and sanitary standards, your building threatens the life and health of people, violates the legal rights of other citizens, the object you have erected may be forcibly demolished by a court decision.
It is possible to legalize an unauthorized house even after the completion of construction. This can be done according to a simplified scheme on the basis of the well-known “dacha amnesty” or in court. However, both of these paths have their drawbacks. The dacha amnesty ends on March 1, 2018. A court decision in your favor is not guaranteed, and is also associated with significant (up to several hundred thousand rubles) financial costs.
To avoid all of the above problems, apply for a building permit.
Where to apply for permission
The architecture committees (departments) of local administrations are responsible for issuing permits for the construction of private residential buildings. To obtain a permit, you can apply directly to the municipality, or you can submit an application and related documentation through the MFC.
Documents required for obtaining a permit
To obtain the consent of the authority for the start of construction, you will need to submit documents:
- Land title documents.
- Urban plan of the land plot.
- Planning organization of the land plot.
What are these documents and how to get them
The application form will be provided to you by the architecture department of your local administration.
If the land plot is in your ownership, then the documents of title are in your hands. This is an agreement for the sale and purchase of land (a donation agreement, a certificate of inheritance) and a document on state registration of private ownership of a land plot. If you are renting this land plot, please provide a lease agreement.
The town-planning plan of the land plot is an extract from the general rules of land use and the project for the development of the microdistrict, relating to a separate land plot. Ordered and obtained from the same local government architecture department. To develop it, you need to provide an application, a copy of your passport, title documentation for the site, a copy of cadastral passports for the land plot and the buildings on it (issued by the Cadastral Chamber), copies of the technical conditions for connecting the building under construction to utilities. It is also necessary to pre-order and conduct a topographic survey of the land.
The urban planning plan is prepared by the specialists of the administration within 30 calendar days. As a result, the boundaries of the land plot should be reflected on it, the boundaries of land for general use should be indicated, the minimum permissible indents from the boundaries of the site for the construction of capital buildings on it should be determined, all construction restrictions in relation to this allotment of land should be indicated, information on the technical conditions for supplying communications is provided.
Planning organization of the land plot. The text of the document should substantiate the proposed location of capital structures on the site, justify the location of the boundaries of sanitary protection zones, describe the work on the future improvement of the territory. The technical and economic section of the scheme provides information on the planned number of storeys and the height of the building to be erected, the area of the land plot and development, the total area of the future house, and the building factor. The graphic diagram indicates the boundaries of the planned building, access roads to it, the boundaries of land for public use and sanitary zones.
The site planning scheme should not contradict the urban planning plan. You can draw up such a scheme yourself. However, in order to avoid mistakes and receive a refusal in permission to start construction, it is better to apply for the development of a scheme to a professional design organization..
This list of documents is enshrined in law and is exhaustive. Administration officials do not have the right to demand the provision of any other additional documents.
Terms of obtaining and validity of permission
After accepting the application and all of the above documents, the administration specialists must consider it within ten days. Further, the architecture department must either provide a building permit or refuse to issue it to you. The reasons for refusing permission must be strictly justified and set out in writing. Refusal is likely if you did not submit a full package of documents, or if the design documentation reveals a discrepancy with the urban planning plan and the current technical construction standards. You can appeal the refusal received in the courts..
The permit is valid for 10 years. During this time, it is necessary to build a house and arrange its commissioning. If you do not do this, then you will have to get permission again. However, the law also provides for the extension of the validity period of the obtained permission at the request of the developer..