The basic normative act in the field of construction and architecture is the Urban Planning Code of the Russian Federation. In particular, this codified law regulates legal relations and delimits the responsibilities of various authorities regarding territorial planning, technical regulation of urban planning, state examination of relevant projects and state construction supervision. However, in order to boldly enter the offices of officials, knowing their duties and their rights, it is necessary to study a more significant amount of regulatory information..
Many owners of land plots who are starting the construction of an individual residential building, having read paragraph 3 of Article 48 of the Town Planning Code of the Russian Federation, which states that the preparation of project documentation for individual low-rise housing construction is not required, do not consider the procedure for detailed development and approval of the project to be important.
However, in fact, this legal norm only misleads developers, because the Code of Rules for Design and Construction “Development, coordination, approval, composition of design and planning documentation for the development of low-rise housing areas” (SP 11-111-99) supplements the requirements of p 3 tbsp. 48 of the City Planning Code, including establishing a list of documents that are necessary for the construction to be legal. At the same time, the norms of SP 11-111-99 do not directly contradict the norms of the City Planning Code, which excludes the possibility of their invalidation.
Any construction begins not even with an architectural project, but with the purchase of a land plot.
At the same time, it is worth remembering that within the city limits, any construction is carried out in accordance with urban planning documentation, therefore, for individual low-rise construction, only that land plot is suitable, which, according to the scheme of territorial development of a settlement, its urban planning documentation and other acts of the administration of the subject of the Federation and local government bodies, is assigned as territory for low-rise construction.
Information regarding vacant land plots and their intended purpose can be obtained from the local council. If we talk about suburban areas, then any such site for construction purposes can be used for individual construction.
Articles 7 and 8 of the Urban Planning Code will help to understand which bodies are competent in matters of allocating land plots, as well as issuing building permits on these plots and putting the constructed objects into operation: local self-government bodies of settlements and municipal districts are authorized in the above matters if we are talking about plots and objects on the territory of settlements and municipal districts, and in the case of suburban areas, it is necessary to contact local executive authorities.
In accordance with the Code of Rules of SP 11-111-99, construction on a certain site is possible only after it geodetic offset and fixing its boundaries on the ground according to the land survey project. These actions are carried out by numerous private companies and individuals who have the appropriate licenses. The implementation of these actions is formalized by an act of acceptance and transfer.
According to clause 4.2 of SP 11-111-99, it is necessary to start the development of project documentation, having in hand local executive authority decree on construction or design permission. You will also need land selection approval. House project, the area of which exceeds 500 sq. m. , should be designed in accordance with architectural and planning assignment, the application for which is submitted to the architecture committee of your area. The architectural and planning assignment includes about two dozen points, the requirements of which are the basis for the development of the project (natural conditions, architectural requirements, land improvement, etc.).
Building permit an individual building object is issued by the local executive authority. It is necessary to contact the department (department) of architecture and urban planning. The chief architect of the city or district is authorized to certify the permit, and it is approved by the Head of the local administration. A building permit is issued on the basis of an application, which is accompanied by documents of title (decree on the provision of a plot for individual housing construction, an agreement on granting the right to build), a master plan of a land plot, a passport of a land plot, a passport of a house project, an act on establishing the natural boundaries of a plot and breakdowns of structures, axes and red lines of the building. If a construction company will be directly involved in the approval, a license for the right to construction activity must be added to the package of documents.
Architectural passport of the project an individual residential building required for obtaining a building permit is ordered from any organization that is licensed to provide such services. The architectural passport must necessarily include a roof plan, floor plans, colored facades, axial cuts and axial facades, accompanied by a general explanatory note. Also, a copy of the project developer’s license must be included in the architectural passport of the project..
As you can see, the design and approval processes are interrelated and it is most rational to carry them out in parallel as far as possible, because the same architectural passport is easiest to order from the project developer, in addition, in order to obtain a building permit, you must have basic design materials such as floor plans, facade plans, etc..
Services for the development of projects for private houses today are provided by many organizations. Design work is carried out on the basis contract-order for the implementation of project documentation. You should never neglect the preparation of such a contract, since it can become your main guarantee and the main argument in case of claims against the project developer. In the contract-order for the implementation of project documentation, information about the parties is indicated: personal data of the customer (full name, residence address, series and passport number) and the name of the organization in which the design work is ordered, and / or the full name and details of the direct executor of the project. According to the contract, the contractor undertakes to complete the project in accordance with all SNiPs (building codes and regulations) and GOSTs (state standards) and issue it to the customer in the specified number of copies, and the customer undertakes to pay for the design work before they begin and appear for interim project approvals and accept its final version.
Already at the stage of concluding a contract for the implementation of project documentation, you must finally decide whether you want to entrust the approval of the project to its developer or go through fire, water and copper pipes of all authorities on your own. This choice is unlikely to come easily to you – coordination services are very expensive, and in order to legitimize the project and construction independently, it will take a lot of time and effort, and most importantly – knowledge (we hope that in terms of knowledge you will find this article useful in particular). If you decide to order services for project approval from the developer, then this must be indicated in a separate clause in the contract, listing the bodies in which the developer undertakes to agree on the project. Also an important condition of the contract is the obligation of the contractor to eliminate at his own expense all the shortcomings of the project that arose through his fault. We are talking primarily about the comments of the approving authorities, which relate to various omissions in the project, for example, about its non-compliance with certain regulatory documents. In addition, it is necessary to determine in the contract which of the parties undertakes to approve the project with the chief architect of the city or district. The contract signed by the parties must be coordinated with the head of the urban planning department of the local administration.
After the conclusion of the contract for the implementation of project documentation, design assignment a private residential building and, if necessary, outbuildings. Based on this assignment, the contractor will develop a project. The assignment indicates the basis for the design (contract for the implementation of design documentation), the stage of project development; number of storeys, area and other main characteristics of the future house; Your requirements for constructive, engineering and architectural planning solutions, as well as for the improvement of the entire land plot. After you approve the assignment, it must be coordinated with the department (department) of architecture and urban planning in your city / district.
After that, the executing organization within the specified period is developing a project, which must comply with the norms of the Town Planning Code of the Russian Federation, Resolutions of the Government of the Russian Federation, as well as sets of rules (SP) and very many SNiPs and GOSTs, including:
- “On the composition of the sections of the project documentation and the requirements for their content”
- “On engineering surveys for the preparation of design documentation, construction, reconstruction of capital construction facilities”
- “On the approval of the rules for submitting design documentation for facilities, construction, reconstruction, overhaul of which is supposed to be carried out on the lands of specially protected natural areas for state expertise and state environmental expertise”
- “Planning and development of territories for low-rise housing construction”
- SNiP 2.01.15-90 “Engineering protection of territories, buildings and structures from hazardous geological processes”
- SNiP 2.08.01-89 “Residential buildings”
- SNiP 3.05.04-85 “External networks and structures of water supply and sewerage”
- SNiP 21-01-97 “Fire safety of buildings and structures”
Finished project consists of many documents, including a situational plan, topographic survey of a land plot and its master plan, plans for a basement, basement floor or technical underground, floor plans, plans for facades, floors and coverings, characteristic sections, a plan of the roof truss system, a foundation plan with its sections, and characteristic nodes and details, drawings of engineering networks, as well as an explanatory note and basic technical and economic indicators. In addition, the design documentation may include a construction estimate, however, in practice, a detailed estimate is ordered from the contractor not so often due to its high cost..
Separate requirements for your project will be presented sanitary and epidemiological, fire inspection and the Ministry of Emergency Situations, therefore, the project will be coordinated in these bodies.
For connection to various engineering networks (electricity, water supply and water separation) are required technical conditions, which are issued by the relevant utilities. The procedure for issuing technical specifications is regulated by regulatory acts of local governments.
To move from the design stage to the stage of construction of an individual residential building, you need submit a complete package of finished design documentation to the local architecture authorities, after which the same bodies, headed by the chief architect of the district, begin to prepare a permit, which is approved by the head of the local administration. You must transfer one copy of the final design documentation to the local committee for architecture, about which an appropriate act is drawn up.
Remember that in case of deviation from the requirements of the legislation in the development and approval of the project of an individual residential house, there is a risk of recognition of the future house as “unauthorized construction”, which can lead to significant monetary fines and even the dismantling of the building. But even this administrative responsibility does not get rid of civil legal consequences, which can only be corrected by subsequent proper registration of the project and construction object. Under civil law consequences, we mean the inability to carry out any legal action regarding “illegal” real estate, from sale to will.