When is a building permit not required?
If you decide to build any structure even on the territory of your site, in many cases you need to obtain permits. To do this, you will have to spend a lot of time and effort visiting a number of instances and collecting all the necessary papers for submission to local governments. But in some cases, the procedure for erecting a building is much simplified, since it is not required. If you built a house without permits, then this threatens you with administrative liability and a fine. That is why it is so important to know when permission is not needed, and in what cases it is necessary to do without it. In our article, we will list buildings and construction objects for the construction of which you will not need any permits.
Assign permission
To understand when you need to get permission and when not, you need to clearly understand the purpose of this documentation. Thus, the very procedure for obtaining a permit is required so that the relevant authorities can verify the submitted project documentation with urban planning standards and technical plans. The main purpose of such a reconciliation is to establish that the project plan does not deviate from building requirements and legal norms.
At the same time, the project documentation is checked for compliance with the following requirements:
- technical supervision standards;
- fire requirements;
- sanitary and epidemiological standards;
- building codes;
- town planning requirements;
- observance of gaps from utility networks, etc.
Important: deviation from any norms is the basis for refusal to issue permits and, accordingly, a ban on the construction of an object.
Depending on the characteristics of the construction site, its purpose, layout, location, you will have to go through different types of procedures and collect the relevant documents. After that, the entire list of papers and the application is submitted to the local authorities. But in some cases, it may be necessary to contact the territorial department dealing with natural resources. You need to go there if you have to use the bowels of the earth during construction work.
For the construction of nuclear power facilities, you will have to apply to technical, nuclear and environmental control services to obtain permits. But this happens very rarely, so in most cases, developers go through a standard procedure in local governments.
Attention: in some cases, obtaining permits is not required. But there are a lot of nuances here that you should know.
Cases where permission is not needed
A building permit is not required if:
- If it is planned to build a garage on a land plot allocated for non-commercial use. This includes the lands of individual housing construction, gardening and summer cottages, etc.
- If it is planned to build a compact non-capital structure, for example, a kiosk, pavilion, gazebo, shed, summer kitchen, etc. This also includes outbuildings - sheds, cellars, baths, wells, buildings for storing utensils, pets, etc.
- If you need to build an auxiliary facility for laying engineering communications, connecting to an engineering network. However, these works can only be performed by a natural person and not for commercial purposes.
- Permission will not be required in cases of construction of road maintenance facilities. Moreover, this applies only to those sections of roads that are used by the owners of the land plot to travel to their real estate.
- Permissive papers are not needed for the construction of in-channel system connections. This includes all types of power lines, electrical installations with a power not exceeding 10 kW, water pipes with a diameter of not more than 30 cm, networks of an internal gas pipeline with a diameter of not more than 20 cm with a pressure of not more than 0.6 MPa.
We have listed the main points when a building permit is not needed, but the legislative documents list a number of special cases in which you can also do without permits:
- If you decide to drill a well on your site with a depth of no more than 5 m, then you do not need to receive any documents. However, when arranging a deeper hydraulic structure, permits must be present and can be obtained from the department in charge of natural resources.
- If you decide to carry out restoration work on your house, which does not provide for its redevelopment, completion or demolition of part of the structure, then you do not need to receive any papers.
- The same applies to the construction of a linear object within your land.
- You can also carry out major repairs without permits, provided that no load-bearing structures of your home are affected.
- Not areas for walking pets, swimming pools and ponds, the area of which does not exceed 100 m².
- In addition, you can build without permission private entrances to the house, lighting poles, as well as gas control points.
Attention: all of the above points are applicable only to objects that do not belong to the category of buildings with a high level of complexity.
Another important condition for the absence of the need to obtain permits is that the building being erected should in no way affect the strength, stability and safety of other structures on the site and in its vicinity. That is, in any case, no one cancels compliance with safety rules and building codes during the construction of an object without permits.
Wells and auxiliary facilities
Most often, disputes with litigation in the field of individual housing construction are conducted in the category of objects built on the territory of a summer cottage or garden plot, which has a non-commercial purpose. Usually these are joint infrastructure facilities that serve a residential building.
The thing is that sometimes even a barn can be considered as a piece of real estate, and not an auxiliary building. This is due to the fact that there is no clear distinction regarding the qualities by which an object can be classified as an auxiliary.
Important: in fact, auxiliary buildings are objects that are used to maintain a residential building and housekeeping.
The same applies to the construction of wells. If we are talking about a private property, then in order to avoid problems in the future, it is still better to contact the natural resources supervision authority and clarify the need to obtain any documents in the event of the arrangement of such a hydraulic structure.
Temporary buildings and reconstruction
As you understand, sometimes reconstruction or restoration can be associated with fairly large-scale construction alterations, which may entail a change in the dimensions and outlines in the plan, redevelopment and a change in the functional purpose of the building. That is why it is stipulated that permission for reconstruction is not needed if.