How to get a building permit

For IZHS building permitis one of the most important documents. Moreover, without building permits may simply be in jeopardy, because without it it is impossible, for example, to take a loan for construction and more. others

Obtaining a building permit for IZHS

Any owner of the site sooner or later thinks about how to build his own house or other object of individual housing construction.

Of course, when making such a decision, the type of permitted use of the land, the area and location of the allotment are taken into account. Do not listen to those who say that building permits are not required! Yes, without it, the house can be registered and put into operation, but how you will connect to utility networks is already a question ...

The main regulatory legal act in the field of individual housing construction is the Town Planning Code - it is on its norms that one should be guided in the issue of obtaining a building permit.

A building permit for individual housing construction is a paper that confirms that the design documentation for the building complies with the site plan (site planning project) and the land surveying project (if a linear facility is being built or reconstructed). This document officially authorizes the developer to carry out construction and reconstruction work with the facility.

Where can I get a building permit for a private house?

So, which authorities issue building permits?

As a general rule - the local government of the district in which the land is located.
If work is being carried out that is related to the use of subsoil, - by the Ministry of Natural Resources and Ecology of the Russian Federation and its territorial bodies.
If the facility uses nuclear energy - by the Federal Service for Ecological, Technological and Nuclear Supervision, etc.

A complete list of bodies is listed in the article of the Urban Planning Code. Of course, with individual housing construction, such situations are unlikely to arise, but it is better to know about this in advance.

Obtaining a building permit is required, including:

if you plan to take a loan from a bank for construction, then permission may be required among the supporting documents;
if construction is taking place on a summer cottage, then to connect gas, for example, you will also need a building permit.

How is permit documentation for the construction of a private house issued, how much does a permit cost

Submission of documents for obtaining a building permit is possible upon direct application of the applicant to the relevant authority, through a representative and through the MFC.

First of all, you need to collect the following package of documents:

title document for the site;
town-planning plan of the site;
an identity document of the applicant;
power of attorney (if the submission is made through a representative);
project documentation (including an explanatory note, information about engineering networks, a plan for the location of buildings, a plan for the demolition of capital construction objects on the site, etc.);
a positive opinion on the project documentation of the capital construction object (if it is subject to expert examination);
if the conclusion on the project documentation was issued by a non-governmental body, then it is necessary to submit documents confirming the right of the legal entity to carry out such examinations.

Here it is worth making a small reservation about the project documentation. It is legally stipulated that the preparation of project documentation is optional if we are talking about an object of individual housing construction - a detached house no higher than 3 floors, which is intended for one family. In this case, the developer may, at his own discretion, collect the project documentation and submit it to the authority issuing the building permit.

After the application and all the necessary documents are submitted to the authorized body, it, in turn, within 10 days, checks the submitted documents and verifies the project documentation of the land plot with the requirements of the urban development plan.

As a result, the body can take one of the following decisions:

refuse to issue a building permit;
issue a building permit.

The issuance of a permit is free of charge. In this case, you do not need to pay state duty!

Don't know your rights?

The refusal can be appealed by the applicant through the court.

A permit for individual housing construction is issued for a period of 10 years. After obtaining the permit, the developer must, within 10 days, submit to the authority that issued the permit, documentation on engineering surveys, number of storeys, area of the object, etc.

When a building permit is not required

The legislator also provided for cases where a permit for individual housing construction is not required, for example:

Construction of a garage, if the site is provided to the owner not for entrepreneurial activities.
Construction on a plot that is intended for gardening or summer cottages.
Construction of structures that are not capital construction objects (for example, a kiosk, a pavilion, etc.).
Construction of a structure for auxiliary use.
Modification of construction objects or their parts, if this does not lead to significant changes.
Other cases provided by law.

Registration of ownership of the objects of individual housing construction.

The body responsible for registering the ownership of IZHS objects is the territorial department of Rosreestr.

What documents are required for registration?

If the right to a land plot is registered and there is information about it in the USRN, you will need:

application for registration of rights;
applicant's passport;
document on payment of state duty;
cadastral passport of the property (see "How to get a cadastral map and land plot plan online?").

If the land plot is not registered in the manner prescribed by law, you will need to submit:

statement;
cadastral passport of the object;
applicant's passport;
document confirming the payment of the state fee;
power of attorney for a representative;
title document for the land;
a document that confirms the location of the IZHS facility within this site.

The term for consideration of documents is 10 working days.

The result of the review of documents:

Issuance of a certificate of ownership of the IZHS object.
Issuance of a certificate of ownership of the land (if it is not registered).
If the right of ownership to a land plot is registered, but information about it is not available in the state real estate cadastre, then a decision may be made to suspend registration or refuse.

Termination of a building permit

As noted earlier, a building permit is issued for the duration of the entire construction and can be extended by decision of the authority. In the case of IZHS, the permit is issued for 10 years.

At the same time, the Town Planning Code provides for circumstances upon the occurrence of which a building permit ceases to be valid:

If the ownership of the land plot was terminated forcibly, including by withdrawing the land plot for the needs of the state.
Renunciation of the owner's right to the land.
Termination of contracts on the basis of which a citizen has the right to a land plot.
Termination of the right to use subsoil, if it is necessary for further construction.

Within 30 days from the date of termination of the rights to the site, the authority that issued the building permit makes a decision to revoke the permit. Such a decision may be made on the basis of:

notifying the appropriate authority that the owner of the site has terminated all rights to use this site;
notification of the authorized body that the right to use subsoil has been terminated.

In the course of interdepartmental interaction, the authorities responsible for issuing a permit notify the territorial bodies of Rosreestr that the citizen's right to a land plot has ceased.

The nuances of obtaining a permit for the construction of a private house

In practice, there are situations when, during construction, the right to a land plot passes to another person. How, in this case, to be with a building permit and is it worth reissuing it?

Building permits do not need to be reissued! When the right to a land plot or a capital construction object is transferred, it retains its effect. That is, if the permit does not expire, then it simply passes to the new owner.

If the land plot on which construction is being carried out is subject to division, consolidation or allocation, then the construction of facilities can be continued in accordance with the existing permit - but in this case, a new urban development plan for the site is required.

It was said above that there is no need to obtain a building permit for those who build objects on their site that are not related to capital construction. Hearing this, often some enterprising owners build a store without obtaining permission, but later it turns out that this is nothing more than a capital construction project. What does the court do in such a case? Makes a decision on the dismantling of the object as an illegal construction.

There are other cases unpleasant for the owners of new buildings in judicial practice on this issue.

The administration of the *** district filed a claim against I., indicating that he owns a plot belonging to the lands of settlements, with permitted use for individual housing construction. A 3-storey residential building with an area of 1440 sq. m. According to the administration, this building does not meet the intended purpose of the site and is subject to demolition. During the trial, it was found that the building really has a sign of multi-apartment and allows for the separate residence of several families. As a result, the court satisfied the stated requirements and recognized the building as subject to demolition.

Sometimes this is revealed at the initial stages of construction, even before the building is put into operation. Also, during the inspection, to which the relevant authorities are authorized, it may be revealed that the construction is carried out without permits. In this case, the owner of the site is issued an order to eliminate the shortcomings, and construction is suspended.

Pros and cons of individual housing construction as a type of permitted use of a land plot

Owners of plots intended for individual housing construction have a number of advantages:

This type of land can participate in various government construction support programs.
The owner of the site will not depend on other owners (if the ownership of the site is not common).
On such a plot, you can build a house for housing with absolutely no restrictions and unnecessary trouble on the issue of transferring land to another category.
The owner of the site can be registered on this site and use all the services of social institutions (hospitals, schools, etc.).

But not everything is as simple as it seems at first glance. An individual residential building is a detached house with a height of no more than 3 floors, intended for the residence of no more than one family, and the construction of mixed-rise houses and townhouses on the site is not allowed.

Conclusion

Of course, the process of obtaining a building permit takes a long time and requires certain costs, but without this document, problems may arise during the further commissioning of housing. That is why it is better to take care of permits in advance to ensure that all unpleasant moments are prevented in the future.

How to get a building permit