Where to order a permit to build a house. How to obtain permission to build an individual residential building, private house, country house, cottage. Submitting an application from the developer to local authorities

On his own land plot, the owner can build an individual residential building - this is one of the components of property rights. However, there are a number of formalities that must be observed, otherwise the state may require the unauthorized building to be demolished. Previously, it was necessary to obtain a construction permit, but as of August 4, 2018, this document has been canceled for individual housing construction projects and garden houses.

Thus, only until August 3 was it possible to issue a form such as a permit to build a house on one’s own plot; in 2019, other documents are used (adjusted for transitional provisions and the object’s compliance with established parameters). We’ll tell you what the approval procedure is “ country house construction" came to the permitting place.

What is a building permit and what has it been replaced by nowadays?

Do I need a building permit? country house in SNT in 2019? No, to receive such a document during the construction of an individual residential building or garden house is not required by virtue of Art. 51, part 17 clause 1), 1.1) Town Planning Code. The same rule applies to reconstruction; its production also does not require a separate permit.

However, the state must still receive information about construction; this is necessary to control the development of the territory; in addition, local governments have their own separate plans and architectural designs.

The permitting procedure has now been replaced by a notification procedure. The Town Planning Code has been amended accordingly in accordance with Federal Law No. 340 dated August 3, 2018. It is now possible to build a house without a building permit, but you should inform the authorities of your intentions by sending a notice of the planned construction.

Authorized executive body local authorities or a local government authority reviews the notification and either approves the construction or refuses it (the document on approval or refusal is also called a notification and must be sent strictly fixed time). After completion of all construction activities, it is required to provide a notification of completion of construction; without this, it will not be possible to register ownership.

This is how the notification procedure is implemented. It is impossible not to notice that in practice it is much simpler than the permitting one. Now a citizen does not have to wonder “how to get permission to build a house”; he simply sends a notification in the prescribed form.

Legislative framework and main changes

The permit for the construction of an individual residential building was canceled in 2019, as well as a garden building. But you need to understand in terms what the law means in this case.

Firstly, it is worth clarifying that from the date of entry into force of the new Federal Law on gardening and vegetable gardening from 01/01/2019. all types of permitted use such as “dacha” land plot", "gardening area" are considered equivalent. That is, all plots in SNT, with the designation “LPH”, etc. are considered allocated and acquired for gardening or horticulture. At the same time, the construction of residential and garden houses provided only on the garden plot.

A permit for the construction of a private house is not required if the object planned for construction meets the following criteria:

• This is a separate building;
• number of storeys - no more than 3;
• building height - no more than 20 meters;
• consisting of rooms and auxiliary premises intended for living and domestic use;
• The premises are not intended to be divided into independent objects.

If these requirements are not met, a building permit with the provision of the project will be required.

Construction of a house in SNT is usually carried out using simpler technologies. According to the law, under garden house means a premises suitable for seasonal use and intended strictly to satisfy domestic needs associated with a temporary stay in it.

It should also be noted that the dacha amnesty may be extended until March 1, 2022. It provides for the registration of country housing without the additional provision of a commissioning certificate. If new law will be accepted, then objects built before 08/04/2018 can be registered only according to the technical plan and declaration. If construction began after August 4, 2018, then notifications cannot be provided.

All of the above requirements are the same for the entire country, there are no exceptions for Moscow or Kaliningrad, and local authorities have no amendments or changes to the procedure established Federal laws has no right to contribute.

Procedure at the beginning and end of construction

So, the decision was made to build a house. Where can I get permits from the state? If the premises are planned to be less than 4 floors and below 20 meters, no permission is required. It is enough to submit a notice of planned construction. The following information must be provided:

• last name, first name, patronymic, passport details;
• cadastral number of the plot, description of its location and address;
• information about ownership or other rights to land;
• information about the type of permitted use of the site;
• parameters of the planned construction project;
• confirmation of the fact that it is not intended for a subsequent section;
• contacts.

The notification must be accompanied by a description of the external appearance of the planned building.

There are several ways to submit the form:

• personally carry;
• through the MFC;
• through the State Services portal;
• by mail.

Within 7 working days, the authorized body considers the appeal and decides to issue a notification about the compliance of the object’s parameters with the established parameters and the admissibility of its placement, or about non-compliance and inadmissibility. In the latter case, it will not be possible to register the premises subsequently. But such a notification is issued only in extreme cases: violation of documentation on the planning of the territory, land use rules; inconsistency of the premises with the purpose of the site; The owner did not submit the form. If the form was not sent within the specified period, it is considered that an affirmative answer to the citizen’s appeal was given.

One month after the completion of construction, it is necessary to notify the authorities about this. You must also attach a registration certificate, which will require sent and received notifications. After which, according to the current rules, the authorized local construction supervision body sends documents about the constructed facility to Rosreestr for registration of ownership. In practice, this is inconvenient and causes unnecessary bureaucratic red tape.

The new bill No. 707989-7, submitted to the State Duma on May 14, 2019, provides for changes to this procedure. It is proposed to let citizens decide for themselves: to contact Rosreestr to register their rights in person or to leave this appeal to the construction supervision authorities.

A construction permit is an official document issued to the owner of a land plot by authoritative governing bodies, as proof that the project documents are drawn up correctly - as prescribed by urban planning legislation.

According to the norms of the Civil Code of the Russian Federation, submit an application for obtaining a building permit and reconstruction should be carried out by that category of citizens who are going to build or reconstruct structures classified as “capital” and carry out their comprehensive overhaul, if during its implementation the question arises of checking the safety, strength and wear resistance of such objects. This document not only gives the right to develop a land plot and reconstruct the structures already present on it, but also allows you to start a new building with installation and installation work, including a number of preparatory activities, aesthetic improvement operations, laying external networks and electrical wires, etc.

Obtaining a construction permit is a mandatory measure to legalize the construction of any object on a land plot. If you unauthorizedly begin to develop the territory and place any structures on it without the knowledge of the authorities (especially when their approval is required), then they will be considered illegal and subject to demolition.

When do you need to apply for a RS?

You can obtain a construction permit only after going through several stages prior to the implementation of the planned project. And here is their sequence:

1. Checking – maximizing the potential of a land plot, identifying limitations.
2. Creating a project sketch - producing documents, diagrams and drawings with information about the main design, technical and architectural properties of the object.
3. Updating the State Duma is the implementation of a territory planning project, which is nothing more than an addition to the site surveying project.
4. Drawing up a GPZU plan. It contains the following information: cadastral unique identifier of the immovable property, permissible distances from the house to the boundaries of adjacent plots, permits and other information regarding the potential of the land plot, as well as restrictions in terms of its exploitation.
5. Development, approval and approval of the concept of a new building, standards for the implementation of construction work. At this stage, the key parameters of the object, its design and other characteristics are discussed in detail, with the authorities having the final say.
6. Design – creation and preparation project documentation for the object - a detailed plan indicating all technical nuances. In this case, planning, engineering, design, architectural, and technological solutions must be taken into account; key parameters of the object; ordering of construction and its price.
7. Audit project documents. The project is thoroughly checked by a government or commercial expert institution to ensure its compliance with technical regulations, resulting in an approval or refusal.
8. Registration of a construction permit is the final stage of preparation. Obtaining a construction permit is possible only on the condition that the project complies with all established standards of the Civil Code of the Russian Federation, and otherwise, the applicant will be denied its implementation.

As soon as the owner of the site manages to obtain a building permit, a team of independent specialists of the proper profile gets down to business and carries out the necessary construction and installation work. Upon completion, the facility is put into operation.

Cases for which RS is extremely necessary

Obtaining a construction permit is required for any object related to capital structures, otherwise it will be declared illegal and the owner will be forced to dismantle it. The Town Planning Code notes a number of cases when obtaining permission to build a house is not required. Among them:

• structures that do not have the characteristics of “permanent buildings”: kiosks, canopies, gates, canopies and other temporary structures;
• auxiliary (outdoor) facilities designed to meet needs and solve problems construction organizations;
• structures subject to major renovation, since no change is provided constructive solutions in them;
• garages and country houses, used for vegetable gardening and/or horticulture;
• in other cases established by federal and regional legislation.

Obtaining a building permit in Moscow

If you need to obtain a construction permit in Moscow, you can do this on the official website of Mosgosstroynadzor, the state regulatory body in the capital. This method is considered one of the best and most reliable for legitimizing self-construction, and is trusted by the vast majority of citizens of Moscow and the regions. The developer can also go to the website mos.ru, where in the “Services and Services” section he can apply for a building permit in Moscow. As a rule, the document is prepared within 10 working days, during which the entire set of provided papers is carefully studied. The service is provided completely free of charge.

Obtaining a RS in the Moscow region

You can get a building permit in the Moscow region quickly and without fuss on the gosuslugi website, but first you need to go through a simple registration. If it is not possible to access the Internet, then it is recommended to contact multifunctional centers, where the provision of services is carried out according to the “one window” principle, which means the reception and issuance of all documents within the specified time frame without the need to interact with officials. Authorized persons check whether the relevant papers are correctly drawn up and filled out, and whether all of them are available, and based on this they decide whether it is possible to obtain a construction permit in the Moscow region in this particular case or not. In case of refusal, the client is provided with a reasoned explanation.

List of documents for obtaining RS

Obtaining permission to build a residential building in Moscow and the region is possible if you have a certain set of papers:

• documents evidencing the applicant’s ownership of the object;
• urban planning plan of the plot, prepared in full accordance with the provisions of the Civil Code of the Russian Federation;
• final and complete set of design documentation, as well as explanatory note and a specific list of volumes;
• the approving nature of the expert opinion for the objects listed in Article 49 of the Civil Code of the Russian Federation. If the examination was entrusted to non-state structures, then documents establishing the right of these persons to such type of activity must be presented;
• tolerance for deviation from the parameters boundary for permitted construction, if its registration was carried out taking into account paragraphs of Article 40 of the Civil Code of the Russian Federation;
• other documentation proving the competence to carry out construction, installation and reconstruction work.

The verification period for the above documents is up to 10 working days. After this, the applicant is informed for what purposes the land plot can be used, for which it is impossible to obtain a construction permit or it is possible if, for example, its purpose is changed. Or the verdict will be as follows: the land is completely ready for placing almost any objects on it. The request may be rejected if not all documents are submitted for consideration, or the project is developed with errors, as well as for a number of other reasons. The applicant has the right to file a complaint in court, where it will be considered and, possibly, considered well founded.

Receiving RS in electronic form

It doesn’t matter what motivates the applicant - the desire to obtain permission to build an already built house or a completely new building - he always has the opportunity to choose, and it is up to him to decide how to register - online or offline. The owner of an existing or future structure can come in person to Rosreestr to submit an application, or make it easier - register on the State Services website and then fill out an online personal data form, for which you don’t even need to leave your home or office.

The finished document will contain the signature of an authorized person. If the service for obtaining a construction permit in Moscow is provided by multifunctional centers, then when contacting them, you should have a passport of a citizen of the Russian Federation with you.

You can also obtain a building permit electronically linear object, which is very convenient, because The procedure itself has been simplified, and going through it the usual way will take more time than online. In addition, recently, due to changes in the bill, to legitimize linear objects it is enough to provide previously approved standards: projects for planning and land surveying, an urban planning plan.

Refusal to issue a building permit

The executive branch may refuse to issue a construction permit if:

• documents are formatted incorrectly, are not clear enough, contain incomplete information, etc.;
• the parameters limiting the permitted construction on the land plot are not observed;
• There is a deviation from the parameters that are the boundaries for permitted construction and reconstruction of capital construction projects.

Although the arguments presented above in favor of refusing to issue a RS seem quite simple and limited, obtaining a building permit in the new Moscow or the old one can cause a lot of trouble. It will be especially difficult for those who do not understand the procedure for constructing a particular object, or who take chaotic actions, instead of following long-established standards for performing engineering and construction work.

Support of the procedure for obtaining a RS

To speed up the procedure for obtaining a PC, it would be advisable to use the services of professionals. This will not only save a lot of time, but also prevent inappropriate waste. Money. To eliminate even the slightest possibility of refusal to issue a RS and, thereby, avoid repeating the tedious procedure, you need to deal with experts. If there is a need to obtain a construction permit for a linear object or any other, be it a residential or non-residential structure, and at the same time confidently move towards the intended goal, then the development of the project must be approached with all responsibility and seriousness. Only competent specialists are able to do the job perfectly, paying due attention to detail and avoiding seditious mistakes. We help our clients collect full package documents and effectively cope with tasks of any complexity.

Cost of services for obtaining RS

Almost every applicant is interested in how much it costs to obtain a building permit, and this is not surprising. The price of the service to support the receipt of MS depends on the volume and labor intensity of the work at the preparatory stage, but, usually, it starts from 100,000 rubles.

From this article you will learn:

Every person who has not yet managed to build one has a dream of owning their own home. To realize such a dream, great efforts must be made. One of the stages of this path is the study legal aspect this issue. According to legal norms There is a special regulatory regime for residential real estate. In this article we will tell you what documents should be prepared for the construction of a private house and its subsequent registration.

The procedure for preparing documents for the construction of a private house

An application for the construction of a private house is submitted to the local administration. If her decision is positive, then at the next stage it is necessary to prepare a passport for the construction project.

• documentation confirming land ownership;
• decision of the administration to grant permission to begin construction work;
• copies from the city master plan;
• technical conditions for connection to centralized utilities;
• situational plan;
• floor plans, façade drawings and sections;
• act of surveying the boundaries of a site with a breakdown of buildings.

At the same time, you need to prepare documents for the private house project:

• situational plan with drawing of nearby objects, indication of settlements and a plan of centralized utility networks;
• topographical surveys of the land plot indicating the nearby street;
• master plan of the land plot with reference to the area and vertical layout;
• floor plan and basement drawing;
• specific cuts;
• façade design;
• drawings of the rafter system and roof structure;
• plan and section of the foundation structure;
• explanatory note indicating financial and technical data;
• construction estimate;
• engineering and technical documentation.

What documents will be required first for the construction of a private house?

To obtain permission to begin construction work, you must submit an application to the local administration and all Required documents for the construction of a private house, including:

1. resolution of the head of the municipal administration on the allocation of a plot for private construction of a residential property;
2. contract of sale;
3. master plan of the facility;
4. land passport;
5. act on land surveying in kind with a breakdown of buildings, red lines and axes of the structure.

Secondary documents for the construction of a private house

After all the documents provided for permission to build a private house have been studied, the head of the administration must formulate a resolution on permission/refusal. If the decision is positive, an individual passport will be issued housing facility, including:

• decision of the municipal administration to grant permission to begin construction work;
• documentation of land ownership rights;
• a copy of the general plan from the town planning archive;
• situational plan;
• technical specifications for connection to central utilities;
• floor plans, sections, facade sketches;
• act of surveying a land plot with a breakdown of buildings (scheme for taking out into nature).

• situational plan (M 1:500) indicating the location of the future private house relative to the boundaries of the settlement, indicating centralized utility systems (sewage, electrical networks, water supply, etc.);
• topographic survey of the land with a nearby street (M 1:500);
• master plan of the land plot with vertical layout and linking the project to the area (M 1:200, 1:1000);
• layout basement;
• floor plan (M 1:100, 1:50);
• main and side facades of buildings (M 1:50, 1:100);
• characteristic sections (M 1:100, 1:50);
• planning of interfloor ceilings and coverings for floors that are not repeated (M 1:100);
• plan of the roof truss system (M 1:100);
• roof structure plan (M 1:100, 1:200);
• foundation planning (M 1:100, 1:50);
• section of the foundation structure with characteristic architectural and engineering construction units and elements (M 1:10, 1:20);
• explanatory note to the project with technical and economic calculation data;
• estimate for the construction of a private house;
• drawing and engineering documentation(according to the terms of reference for the project).

Documents for the construction of a private house on your own private housing plot

When deciding to build a private house, not all developers know that this requires appropriate permission. In accordance with the provisions of the Town Planning Code of Russia, such permission is necessary to give a private house legal status.

In that regulatory document documents have been determined for the start of construction of a private house and reconstruction of all capital facilities. The category of private houses includes capital buildings up to 3 floors high, housing one family. Buildings that were built without permission to begin construction may be considered illegally constructed.

Without such a document, problems may arise with entering data into the cadastre, with registering property rights, and with connecting to central utilities. In addition, it will be problematic to obtain a loan for the construction of private houses without obtaining permission to begin construction. State authorities recognize such buildings as unauthorized construction, which is a violation of the law. For the construction of a private house without permission, fines are imposed.

What types of real estate do not require additional building permits?

In addition to a private house, the developers are planning to build other buildings on their site. Do I need to obtain permission for all buildings? The answer to this question is in Article 51 of the Urban Planning Code of Russia.

This list of cases when documents are not needed to build a private house on your own plot for private plots (personal plots) is not final. The provisions of the town planning regulations may provide for other conditions.

How to obtain permission to build a private house

To obtain permission to legally build a private house, you must prepare the necessary list of documents and submit an application to the appropriate authority. In accordance with the law, resolving such issues is within the competence of municipal administrations(according to the location of the site).

Now it is possible to submit documents to obtain permission to build a private house at the Multifunctional Centers for State and Municipal Services. In addition, you can submit an application electronically through the Unified Public Services Portal.

The developer himself or his representatives can submit applications (if they have confirmed authority to sign and submit documents).

Along with the application for a construction permit, you must provide the following package of documents:

• title documents confirming land rights;
• site organization plan;
• applicant's passport.

Features of obtaining permission to build a private house

Documents for the construction of a private house on your own site until the end of 2018 were submitted according to a simplified procedure. To obtain permission for individual housing construction, you do not need to provide design documentation. The procedure itself is free (no fees or charges).

Separately, it is necessary to consider situations with a change of owners of a land plot or a private house. What should I do if, after receiving permission, the plot allocated for construction becomes the property of another person? There are different opinions. Do I need to obtain permits or re-issue existing ones? This does not need to be done if the current permit has not expired.

It will be valid for all land owners until its expiration date. In the event of division or combination of plots for the construction of a private house, construction can be carried out on the basis of previously issued permits.

Termination of permission to build a private house

In accordance with the law, the validity period of permits for the construction of a private house is 10 years. At the same time, under certain circumstances, it may be terminated earlier than this period.

Such circumstances include:

1. relinquishment of land ownership rights;
2. compulsory termination of ownership rights to a plot of land;
3. termination of contracts that are the basis for the acquisition of ownership rights to a land plot;
4. termination of subsoil use rights if, without this condition, further construction is not possible.

Upon receipt of information that is the basis for termination of ownership rights to the site, authorized government agencies permits for the construction of private houses are revoked within a month.

What to do after you have collected all the documents for building a private house

When purchasing land to build a private house, it is not always possible to obtain a plot ready for use. If it is located in a dacha cooperative or other locality, then the problem of connecting central utilities is solved more easily.

Water supply, sewerage, gas or electricity are necessary communications for the normal operation of a private home. Depending on the location of the land plot and centralized utility networks, issues of connecting to them may require a lot of time and financial resources.

If there is no connection to general communications (or if this is too expensive), you can plan autonomous communications yourself.

The final stage of construction of a private house is commissioning. To do this, you also need to contact your local administration. This procedure is also free.

The legislation determines that permission to put a private house into operation is necessary to register ownership rights to the constructed building. Until March 2018, such documents for the construction of a private house on your own plot could not be obtained.

To put a building into operation, you must submit an application and attach the following documents to it:

• documents confirming land ownership rights;
• urban planning plan of the allotment;
• technical plan;
• a document confirming the site’s compliance with existing technical standards;
• utility plan and technical structures;
• building acceptance certificate.

Earth with intended purpose for private construction has a number of advantages. The owner of such a plot can build on it a private house and other buildings according to your design. For anyone who dreams of owning their own home, one of the clear advantages of such a solution is the absence of neighbors.

Private houses are subject to a simplified registration and taxation procedure. However, private developers will have to come to terms with a number of restrictions, which primarily relate to the size of the plot and the buildings being built on it.

It should be noted that the receipt of land plots and the construction of private houses are strictly regulated. To do this, you need to obtain the appropriate permit and prepare a large list of documents. This land use option is more expensive.

Why you should turn to professionals to build a private house

You are already close to realizing your dream of owning your own home, but you have still decided: to carry out the construction yourself or turn to professionals. Of course, it is better to choose the second option. Without qualified help, it will be difficult to even find out what documents are needed for building a private house, not to mention carrying out construction work.

You can get a comfortable and reliable private house at optimal costs only if it is built without violations and on the first try (without alterations). Even experienced craftsmen can make mistakes when working alone.

The most common mistakes when building a private house:

1. The use of building materials from insufficiently dried wood. Such an error can create serious problems. During drying, wood can change the size and shape of products made from it. This can lead to distortion of structures, the development of fungal formations and rotting of fasteners.
2. Incorrect combination of roofing layers. It is important to observe the principle of material compatibility. Otherwise, heat loss through the roof may increase or the processes of rotting of roof elements may accelerate.
3. Insufficient frame strength. This mistake is often made during construction. big houses. Conventional frames include vertical columns and horizontal beams, but large-sized cottages require special, more powerful floors.
4. It is necessary to strictly observe technological requirements when conducting construction work. This will ensure the reliability and strength of building structures.
5. Failure to comply with foundation construction requirements. It is the basis of everything and determines the reliability of the building. The most common mistake is the complete absence of a foundation structure and an unprofessional assessment of the condition of the soil at a construction site.
6. Poor moisture protection of the building. Having saved on means of protection against moisture during construction, you can incur significant costs for correcting deficiencies.

All the mistakes described here during the construction of a private house can cause irreversible processes, including destruction building structure. It is worth remembering that it is unacceptable to save on aspects of construction that may pose a threat to human life.

In order to build a private house without violations and defects, and also to get rid of the difficult worries of finding quality materials, we recommend turning to professionals who are ready to perform the whole range of turnkey work.

Thank you for reading this article to the end.

The Stroy Cottage Group of Companies has been offering services for the construction of stone and wooden houses for 10 years.

Our customers include the construction of individual private houses and cottage communities that maintain a single architectural style from economy to premium class.

Reducing construction time, reducing costs and improving the quality of construction work are the basic principles of our company.

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TO GET A CONSULTATION

Before constructing any structure, it is worth understanding the issue of how to obtain permission to build a house in New Moscow. The procedure is clearly stated in the legislation of the Russian Federation and is valid for all citizens of the country. Failure to comply with the law may lead to the construction being declared illegal with the corresponding consequences - the impossibility of obtaining documents for the object, the imposition of fines and other penalties. Below we will consider in detail what the essence of the permit is, why it is needed, how to draw up the document, and what package of papers needs to be prepared.

The construction of any structure (residential building, commercial or industrial facility) requires obtaining permission to carry out such work. Last years there is a stereotype that the presence dacha amnesty frees you from the need to prepare a document. This idea is erroneous, because the mentioned program applies to other types of buildings.

A building permit is an official document confirming the ability of a certain developer to carry out construction works on a specific piece of land. The presence of the document confirms that the relevant authorities have received and approved the project for the construction of an individual or other building, taking into account the current requirements of the law.

Having a permit is mandatory not only for the full construction of an object, but also in the case of a major overhaul of an existing building, when its layout changes during the work. Ignoring legal requirements and constructing a building without obtaining permission leads to the impossibility of registering the owner of a new building, as well as the accrual of large fines.

Since 2016, individual housing construction objects built without the approval of the relevant structures will not be registered in the cadastral register, nor will it be possible to obtain ownership rights for them. Consequently, a new building cannot be sold, rented out, or passed on to loved ones by inheritance. In addition, it will not be possible to connect electrical and gas communications to the illegal structure.

How to obtain a building permit in New Moscow?

To go through all the stages of obtaining a permit for the construction of an individual, commercial or industrial facility, you must contact special structures. As a rule, these are municipal authorities at the location of the site. Today, the architecture department is responsible for issuing construction documents. In relation to New Moscow, the work is carried out by the capital's State Construction Supervision Committee, as well as the Moscow State Construction Supervision.

To obtain permits, you need to take the following steps:

• Fill out an application taking into account current requirements.
• Prepare the necessary list of papers (listed below).
• Submit the application, as well as a complete set of papers, to Mosgosstroynadzor.
• Provide a document confirming the identity of the party submitting the application. If the transfer of papers is carried out by a representative, the latter must have an officially executed power of attorney.

After this, the relevant authority reviews the application and submitted documents, and within 10 days issues a permit or refuses.

In the case of individual housing construction (individual residential construction), the process of obtaining permission is simplified as much as possible. To obtain a document allowing the construction of a private house in New Moscow, you need to take the following steps:

• Fill out an application with a request to issue a permit for the construction of individual housing construction.
• Hand over the papers that must confirm the right to a plot of land. This may be a lease agreement or a document confirming the fact of ownership of the plot.
• Submit a town planning plan for the site.
• Submit a plan for the organization of the site where construction is planned. It must indicate the location of the building's construction.
• Submit the application and all papers to the Moscow State Construction Supervision.

Types of permits

Today there are two types of permits for the construction of objects:

• On different types works (without restrictions). The document allows for various types of installation and construction activities to be carried out at a specific site.
• For certain types of work. Permission is issued for specific activities. It can be excavation, supplying (connecting) communications, building a foundation, installation, construction, and so on.

On what grounds is it issued?

To eliminate problems with obtaining a construction permit, ensure compliance current laws and speed up the process, it is important to provide the grounds for issuing a permit, namely:

• Documents that guarantee the right of ownership of a plot of land or a lease agreement for a plot with its legal owner(a copy is sufficient).
• A project for future construction, drawn up in accordance with all the rules and regulations of current legislation.

Stages

The process of obtaining permission and constructing an individual housing construction project or other real estate takes place in several stages:

• Obtaining information on an issue of interest.
• Drawing up an Act authorizing the use of land for construction. It is worth considering that such a document is valid for a year from the date of provision.
• Obtaining an opinion from an expert, as well as a construction permit.
• Drawing up a warrant allowing the necessary set of works to be carried out.
• Registration of a new building with government agencies.
• Putting the building into operation, as well as carrying out its technical inventory.

Required documents

As noted above, the Moscow State Construction Supervision Authority is responsible for issuing permits for construction in New Moscow. The list of documents that are required to be on hand for construction commercial real estate, includes:

• An application that must be drawn up in accordance with legal requirements. Submission is made electronically via official resource City Hall of the capital of the Russian Federation. To submit an application, you must go to the services section.
• Passport of the person who plans to construct an object on a land plot. If a representative is involved in preparing documents, a power of attorney is required.
• Papers granting the right to a plot of land. This includes a copy of the certificate confirming ownership, or an extract from the Unified State Register. If there is a rental agreement, the document must be registered in the state registry.
• Project on new object. Must be approved by the Ministry of Construction, as well as city (regional) structures. This requirement is mandatory for commercial real estate.
• Urban planning plan. This is an official document that provides information about the land allotment and the future structure. Without presenting this document, it will not be possible to obtain a permit to build a house.
• Results of the state examination of the project. This work can be undertaken by public or private organizations. In the latter case, accreditation is required (a copy of the document is sent along with all the papers).
• Permission to exceed construction limits (in some cases). The need for such a document is caused by the fact that the area of ​​the land plot is less than that prescribed in the laws of the Russian Federation, that is, five acres. In addition, paper may be required if construction is carried out on a non-standard site that has a special topography or unusual geological factors that complicate the construction process.

Documents for individual housing construction

To obtain permission for objects falling under the category of individual housing construction, small housing construction or private household plots, the list of documents is smaller:

• Passport (copy of document).
• Power of attorney, if a representative is involved in registration issues (a copy of the document must be notarized).
• SPOSU.
• GPZU (coordination with government agencies is required).
• Cadastral extract in two forms (electronic and standard).
• A plot lease agreement or papers confirming ownership. Originals and copies will be required here.

The papers listed above are enough to obtain permission to construct buildings for various purposes in New Moscow.

Documents for the Moscow region

For the Moscow region, the design principle and list of papers are different. Here you will need:

• An application issued in the name of the mayor.
• Title papers (in relation to the site).
• Architectural design documentation for the building (desirable).
• Cadastral extract in paper form (must be issued no later than 3 months before submission).
• GPZU - must be agreed upon and approved.
• Topographical survey of land.
• Situation plan (optional).

Can a permit be refused?

Authorized bodies have the right to refuse to issue permits. Moreover, they can return the papers almost immediately after delivery. This is possible in the following cases:

• The applicant applied to a Moscow authority that does not provide public services.
• The application is filled out incorrectly or some fields are missing.
• The person handed over an incomplete package of papers required by law when obtaining permission.
• The submitted documents (one or more) have become invalid.
• The request was submitted on behalf of an entity that does not have the authority to do so.
• The applicant cannot act as a recipient of public services, taking into account the current regulations.
• The party submitting the application violated the regulations (clause 1.3).
• The digital signature in a document in electronic form does not belong to the applicant.

When is a refusal possible after accepting papers?

Even if the documents are accepted, the relevant authorities have the right to refuse to grant a construction permit. This is possible in the following cases:

• The transferred papers do not comply with the requirements that are specified in the regulations, reflected in the territory planning project or its land surveying in relation to the construction or reconstruction of the facility. During the verification process, the requirements that are in force on the day of issuance of the permit for the construction of the facility and the transfer of the GPZU are taken into account.
• Absence of papers required by the Regulations (clauses 2.8 to 2.12, except 2.10).
• Failure to comply with the submitted papers with the requirements specified in the permit for deviation from the boundary standards of permitted construction.
• Non-compliance of the submitted papers with the requirements of the project documentation regarding planning and land surveying. This is relevant for cases when a person plans to build a linear facility.
• The presence of deviations in the documentation regarding the permitted use of the land plot or restrictions of legislation (land and other).
• The provided documents (one or more) have become invalid.
• The applicant plans to obtain permission for capital construction projects, namely multi-apartment buildings located within plots of land belonging to local or state property, and leased for development of the territory. In this case, additional documents are required.
• The presence of contradictory or false information in the provided documents.
• A person who has applied for a construction permit cannot act as a recipient of public services, taking into account the rules of the current administrative regulations.
• There are contradictions in the documents that were identified through interaction with other bodies.

In what cases is a building permit not required?

The permit procedure can be avoided in the following cases:

• Construction of a garage on your own plot of land, which is not used for business activities and will only serve for farming.
• Repair and construction of stalls, canopies, kiosks and other structures that are not capital construction projects.
• Construction of auxiliary structures at local area and at the dacha.
• Restoration of a building that does not affect capital construction, layout, design parameters, as well as characteristics affecting the safety of the facility. In addition, the work carried out must not violate the permissible standards and parameters prescribed in the current urban planning regulations.

29.01.18 26 394 0

So as not to go to court later

Permits to build houses are no longer issued

We write articles, but Russian laws are changing. On August 4, 2018, permits for the construction of private houses were canceled. Now, instead of them, this applies to garden houses and private housing construction.

The article still contains a lot of useful information about site preparation, urban planning regulations and assigning an address. All this is relevant, only the formalities have changed. If you are planning to build a house, be sure to read it.

My brother Oleg received a 15-acre plot of land near Belgorod under the regional program.

Sergey Antonov

helped my brother start building a house

He wanted to immediately build a house on it, but it turned out that he first had to collect a bunch of documents and obtain permission from local administration.

You can’t just go to officials and ask for permission. First you need to check the status of the site, get the address and cadastral extract, draw a project and a situation plan. To be on the safe side, before starting construction it is worthwhile to carry out geological surveys- however, this does not affect the resolution. I'll tell you how my brother did it.

How to do it right

According to the law, you cannot build a house without permission. Without documents it will not be possible to sell it, exchange it, donate it or leave it as an inheritance. But in fact, if you build on your site, then ready house can be legalized through the courts. By civil code Ownership of an unauthorized construction can be recognized if it complies with all standards. In practice, this is sometimes faster, cheaper and easier than obtaining a permit.

But what if it turns out that the neighbor is against the fact that the house is close to his fence? Or a central cable passes through the site and excavation work is prohibited. Then the construction will be declared illegal, the house will be required to be demolished, and the owner will pay a fine. Therefore, it is safer to do everything as expected.

Extract from the register

According to the law, a private house can only be built on land that is intended for individual residential development or for personal subsidiary plots. The documents for the land must contain exactly this purpose of the site - officially. If you yourself think that the land is suitable for building a house, this is not enough. Maybe you bought land for a house, but it turns out that you can’t build there. For example, with gardening and summer cottage plot there may be problems.

The category of the land plot can be viewed in the extract from the Unified state register real estate about the main characteristics and registered rights. An extract is obtained from Rosreestr or MFC. It costs 200 RUR. If there is a certificate of registration for the plot, then the category of land is indicated there.

A house cannot be built in a sanitary protection zone next to industrial enterprises, airports, cemeteries and landfills.

Each region has its own rules and laws, which detail the distance from which objects construction is prohibited. There are sanitary zones at gas stations and car washes, and even near power lines.

It is difficult to understand the intricacies of local land legislation on your own, and if you suspect that the site is located in such a zone, then it is better to contact the local land committee or survey center, where there are specialists with the necessary databases and cadastral plans.

My brother received a plot specifically for individual construction in fact, in an open field, so he had no problems. But that doesn't mean you won't have them too. There are cases when people buy plots in a large free area, and then it turns out that this is a water protection zone. And although the purpose of the site is suitable, building houses there is not allowed. Families are left with unnecessary land, loans and no money.

Engineering-geological surveys

Groundwater and varying soil densities can complicate construction. If you build a house on bad soil, cracks will appear in the walls, and the foundation and basement will flood. To prevent this from happening, it is advisable to carry out engineering and geological surveys.

There are many companies that do this. Specialists will come to the site, drill wells at the site of future construction, and take soil and water samples. As a result, they will prepare a report of several dozen pages, which will contain different diagrams and graphs that are understandable only to other specialists. You can ask surveyors to explain in words whether construction can begin.

If you have no money at all for specialists, it’s worth talking to your neighbors: sometimes the advice of an old-timer is more useful than an expert’s opinion. The owner, who built the house himself and has lived in it for many years, knows all the features of the soil on the site and will tell you how deep to build the foundation and basement.

65,000 R

there are engineering and geological surveys in Belgorod

The Belgorod company that my brother found asked for 65,000 RUR for their work. Since money was tight, he decided not to do geological surveys and rely on chance. Construction is still underway, no cracks are visible yet. The brother hopes that he will be lucky: he has a plot without a slope, dense soil, and the groundwater is deep. But he doesn’t advise you to do this: remodeling will cost more than research.

Address and cadastral extract

The street where my brother is building a house only existed on paper, so he had to get the address himself. The local administration assigned a number to the future house, and Oleg was given a decree that the site was located at an address with a specific street name and house number.

You will have to get an address, even if the street exists and there are houses with numbers on it. For example, if a large plot is divided into two: then one of them will have a new address. Sometimes documents take several months to complete.

Each land plot has its own cadastral number. In fact, this is the address of the site, but written with a special code in common base. Knowing the cadastral number, on the Rosreestr website you can see where the plot is located, on what category of land, and what area it is. A building permit can only be obtained for a plot that has a cadastral number confirmed by a cadastral extract.

My brother received the cadastral extract from the local MFC. The application was accompanied by a copy of the certificate of registration of ownership and a document assigning an address.

Project and situation plan

A project is a drawing of your future home with a floor plan. A situational plan is a drawing of a site with a house located on it. You will build according to the project. In order for you to be allowed to build, the project must be competent from an engineering point of view. The home you have in mind should not threaten others or you.

A simple project from an engineering or architectural firm will cost 20-30 thousand rubles. The upper price limit is not limited. Purely theoretically, you can draw a project yourself, but this requires engineering knowledge. Finished projects is also available on the Internet. In addition, the project can be completed free of charge by the company that will handle your construction - there are many options for saving.

My brother graduated from a construction university, so he drew the plan himself. But he still had to check the documents to make sure he didn't miss any of the requirements. Here are some of them:

1. The distance between neighboring houses, if they are made of wood, must be at least 15 m; if made of brick - 6 m.
2. The distance from the house to outbuildings should be at least 4 m.
3. The area of ​​the common room must be at least 12 m², bedroom - 8 m², kitchen - 6 m².
4. Gas pipes cannot be routed through the entire house.
5. Every bedroom should have at least one window.

These are not all requirements - read the documents or consult with experts.

Get permission

In Belgorod, a building permit is issued by the local architecture department on whose territory the site is located. To obtain permission, the brother wrote an application. They asked him to attach a project and a situation plan, a copy cadastral extract and a copy of the land ownership certificate.

Even if the application is accepted, but permission is not issued, you are required to write down the reasons for the refusal. The official response time is seven days.

A week later, Oleg received a call and was invited to come for a building permit and an urban plan for the site.

The town plan indicated where the site was located, its area and size.

The plan contains the basic requirements of federal and local legislation that must be observed during construction:

It took Oleg three months to complete all the paperwork to obtain permission. But this may take a while. I know of a case where it took four months just to get an address. It also happens that you need to carry out land surveying or draw boundaries on the city plan. It seems that there is only one certificate left to obtain, but in reality it turns out that everything is just beginning. Sometimes even laws change while the permit is being issued.

The permit is valid for 10 years, so you can start building a house not immediately, but, for example, after five years. And after construction there is still a lot of paperwork and expenses to be had.

Remember

1. Check the purpose of the plot in the certificate of ownership or extract from the Unified State Register.
2. If you suspect that the site is in an area that is not suitable for construction, contact the land committee.
3. If you prepare the project yourself, follow SNiPs and regional standards.
4. Registration of a permit can take several months, so plan to start building a house taking into account the bureaucratic red tape.
5. Store documents, plans and projects. After construction, it will be necessary to register ownership of the house and carry out communications. All these documents will be useful.
6. If you order drawings and plans from contractors, keep the contracts. What if it turns out that they did not comply with the standards and now they won’t connect you to gas - an agreement will come in handy.