Obtaining a building permit for a private house

Many landowners believe they have the right to build a house on their land however they want, whenever they want. In fact, the process of erecting private residential buildings is controlled by the authorities. The risk of unauthorized construction comes up to the demolition of the constructed facility.

Why you need a permit

The requirement to obtain a permit for individual construction is dictated by Article 51 of the Town Planning Code of the Russian Federation. Consent to the construction of a private residential building must be issued by representatives of the administration of the territory on which the plot to be built is located.

The requirement for prior approval of construction with the authorities has been 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 lands. On these lands, the administrations of cities and towns plan to place communication lines (water supply, sewerage, gas pipelines, heat transmission lines, electricity supply, communications), as well as roadways and sidewalks for pedestrians. Other important aspects are fire safety regulations and sanitary regulations that establish a minimum distance between neighboring houses.

What are the consequences if you start building a house without a permit?

You will not be able to put the constructed house into operation, register it as a property, dispose of it in the future (sell, donate, inherit). You will not be able to register in the built housing, there will be difficulties in assigning a postal address to the house.

The presence of a building permit is an indispensable condition for allocating maternity capital funds for construction and obtaining a bank loan for building your own home.

In addition, an administrative fine (from 2 to 5 thousand rubles) is provided for unauthorized construction. If the house was 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 built may be forcibly demolished by a court decision.

It is possible to legalize an unauthorized house erected after the completion of construction. This can be done according to a simplified scheme on the basis of the “dacha amnesty” known to many, 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, issue a building permit.

Where to apply for permission

The committees (departments) for architecture of local administrations are responsible for issuing permits for the construction of private residential buildings. For obtaining 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 to start construction, you will need to submit the following documents:

1. Statement.
2. Legal documents for land.
3. Town-planning plan of the land plot.
4. Scheme of the planning organization of the land plot.

What are these documents and how to get them

An application form will be provided to you at the architecture department of the local government.

If the land allotment is in your ownership, then the title documents are in your hands. This is a contract for the sale of land (contract of donation, certificate of inheritance) and a document on state registration of the right of private ownership of a land plot. If you are leasing this land, please provide a lease agreement.

The urban planning plan of a land plot is an extract from the general rules for land use and the microdistrict development project related to a single land plot. Ordered and received from the same department of architecture of the local authority. To develop it, you need to provide an application, a copy of your passport, title documents for the site, a copy of cadastral passports for the land plot and the buildings standing on it (issued at the Cadastral Chamber), copies of the technical conditions for connecting the house under construction to engineering networks. It is also necessary to pre-order and conduct a topographic survey of the land.

The town-planning plan is prepared by the administration specialists within 30 calendar days. As a result, it should reflect the boundaries of the land plot, indicate the boundaries of land for general use, determine the minimum allowable indentation from the boundaries of the site for the construction of capital buildings on it, indicate all construction restrictions in relation to this plot of land, provide information on the technical conditions for supplying communications.

Scheme of the planning organization of the land plot. The text of the document should justify the proposed location of capital buildings on the site, justify the location of the boundaries of the sanitary protection zones, and 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 under construction, the area of ​​the land plot and development, the total area of ​​the future house, and the development coefficient. The graphic scheme indicates the boundaries of the planned building, access roads to it, the boundaries of land for public use and sanitary zones.

The layout plan of the site should not contradict the town-planning plan. You can draw up such a scheme yourself. However, in order to avoid mistakes and receive a denial of permission to start construction, it is better to contact a professional design organization for the development of a scheme.

This list of documents is fixed by law and is exhaustive. Administration officials have no right to demand any other additional documents.

Deadlines for obtaining and validity of a permit

After accepting the application and all of the above documents, administration specialists must consider it within ten days. Next, the architecture department must either grant a building permit or refuse to issue one to you. Reasons for refusal of permission must be strictly justified and set out in writing. Refusal is likely if you have not submitted a complete package of documents, or if the project documentation is found to be inconsistent with the urban planning plan and the current technical construction standards. You can appeal the denial to the courts.

The validity period of the permit is 10 years. During this time, it is necessary to build a house and arrange its commissioning. If you do not do this, you will have to apply for permission again. However, the law also provides for the extension of the period of validity of the received permit at the request of the developer.