Most land owners believe that they can do whatever they want on it, since the property belongs to them. Such irresponsibility is especially dangerous during the construction of capital buildings. If the requirements of the law were not followed and the neighbors’ consent to the construction of the house was not taken into account, then the consequences could be extremely unfavorable. If serious violations are detected, the supervisory authority has the right to punish the owner by imposing a fine, or by imposing an obligation to demolish the constructed facility. Naturally, no one is obliged to compensate for the losses caused, since the fault primarily lies with the owner himself.
Sample consent of neighbors for the construction of a house or redevelopment of an apartment
Although the sample consent of neighbors for the construction of a house and other construction work is drawn up in free form, there are some uniform requirements that must be taken into account when drawing up the document:
The need to obtain a sample building permit from neighbors
- Permission must be in writing and cannot be considered granted only with the verbal consent of the neighbors.
- Permission must be granted by the owners, and not by tenants or residents of neighboring apartments (dacha plots).
- The document is drawn up like any other application from an individual, with a “header” indicating who is the author of the permit and to whom it is addressed.
- The document indicates the full name, passport details and home address of all neighbors and the initiator of construction.
- The permit must be signed by the owners of neighboring premises (areas).
- The authorization must be dated on the day it was drawn up or signed.
Distance between SNT fences
Typically, such structures are used in gardening partnerships. To protect yourself from problems when installing a fence, you need to follow the following procedure in SNT:
- On the side of the roadway, the fence can be made of brick or any other “solid” material.
- The height of the fence from a neighbor should not exceed 1.5 m.
- The height of the neighbor's fence should not block sunlight or provide shade. Otherwise, you can contact the relevant authorities to resolve this issue if it was not possible to resolve it with your neighbor.
In this case, you can install a chain-link mesh. If you use a European picket fence, you will need to install corrugated poles. On sale you can find nets with shading that create a tinted effect.
Sample building permit from neighbors sample
- The neighbors themselves will go to court and demand that the building be demolished. With a greater degree of probability, such a claim will be satisfied - in accordance with Article 304 of the Civil Code of the Russian Federation.
- An inspection commission from the municipality will issue a fine and an order to demolish the building. But neighbors will also most likely file a complaint with the municipality.
- It will not be possible to legitimize the construction even in court, since it violates the standards.
Free legal assistance
In addition, building codes stipulate that the distance from the windows of the living rooms of a low-rise residential building to the wall of a residential building or auxiliary buildings located on an adjacent site must be six meters or more.
Written consent of neighbors for construction, sample 3. I bought plot 9, 585, I plan to build a house 7, 517, help me correctly draw up the consent of neighbors for the construction of etc. Consent of neighbors for the construction of a house by me.
How to convert a garden house into a residential one
It is legally possible to convert a garden house into a residential property. The new procedure excludes going to court, but a document describing the specifics of the procedure has not yet been adopted. If you comply with the law, the owner has two options.
Reconstruction
The building may be reconstructed on the basis of a notification. This is the best way when additional construction or configuration changes are planned.
Application to local housing authority
The procedure is carried out if it is necessary to improve living conditions - insulating walls, laying communications. A citizen submits an application to the administration regarding the rezoning of a garden property to a residential one. The application must be accompanied by a technical plan, a technical passport with a description of the house, utility lines, and documents on the property plan.
Representatives of the municipality make a decision on the suitability of the building for living all year round, after which they send the papers to Rosreestr. The registered object acquires the status of changed.
This year, the construction of your own residential building on the territory of a summer cottage has a permitting and notification nature. A package of documents will ensure the legal status of the property and will allow legal procedures to be carried out with it.
https://youtube.com/watch?v=M-QNbOlTgGI%3F
Sample download of consent for construction from neighbors
, since the structure was erected on a land plot owned by the developer. The owner of the land plot can erect buildings and structures on it, carry out their reconstruction or demolition, or permit construction on his plot to other persons.
Consent of neighbors sample
Consequences of uncoordinated construction If you do not obtain the consent of neighbors in advance for the construction of an object directly next to the border of the territories in case of violation of building codes, this can cause negative consequences: the accrual of significant fines; the owner of a neighboring plot may, according to Art.
To avoid paying a fine and demolition of the building, you need to contact the architecture committee to familiarize yourself with the accepted standards for the placement of buildings in a given locality. The issue of planning buildings is regulated by the following standards: SP 30-102-99.
In section 1 of the notification, fill in information about the developer.
The developer is the owner of the land plot, that is, as a rule, the owner or tenant. As mentioned above, the sample notification of the start of construction can be filled out by both citizens and legal entities. The citizen indicates his full name, place of residence and passport details.
The legal entity fills in the name, legal address, OGRN and TIN.
In the next section we fill in information about the land plot. In field 2.1 we indicate the cadastral number of the land plot. This field is filled in if the land plot has a cadastral number. If the plot does not have a cadastral number, then leave the field blank or put a dash.
Everything should be clear with the address. If the plot has an address, then we indicate it exactly as it is written in the title documents (that is, in the certificate of ownership or in an extract from the Unified State Register of Real Estate, or in the lease agreement, etc.). Sometimes a piece of land does not have a postal address because there is no real estate on it yet to which a postal address can be assigned. A site that does not have an address must have a description of its location.
To describe the location of plots, as a rule, some kind of landmark is taken (most often a neighboring property with an address is taken as a landmark) and from this landmark the direction and distance to the plot whose location needs to be determined is indicated.
As a rule, the developer owns the land plot either by ownership or lease.
Legal documents may be:
- certificate of ownership,
- extract from the Unified State Register of Real Estate,
- purchase and sale agreement (donation, exchange),
- certificate of inheritance,
- a court decision that has entered into legal force,
- resolution or decision of an authority or local government,
- land lease agreement.
It may also include, for example, an agreement on the division of property between spouses, an LLC’s decision to transfer to the founder the property remaining after liquidation, etc. In other words, you need a document confirming the basis on which the developer received the rights to the land plot.
In other words, if the developer is not the sole owner of the site, but owns the land on the right of shared or joint ownership, then in field 2.4 you need to indicate information about other co-owners.
The same approach applies to tenants. If the lease agreement specifies several tenants, then in field 2.4 you need to indicate information about other co-tenants. The Ministry of Construction has not yet given any clarification on this issue. Therefore, we proceed from the fact that in relation to these persons it is necessary to indicate the same information as about the developer. That is, we indicate full name, place of residence and passport details.
Since the Ministry of Construction has not yet given clarifications on filling out the Notification of the start of construction, the question remains open: is it necessary to indicate in line 2.4 information about the bank that has mortgage rights to the site (for example, when the site is the subject of collateral under a loan agreement). This question is still unclear. remains open.
The type of permitted use (hereinafter referred to as ARU) of the site can be found in the title documents. However, it is safer to look at the VRI in an extract from the Unified State Register of Real Estate, because information about the type of permitted use indicated in the certificate of ownership may be out of date. You can also find out the type of permitted use on the Public Cadastral Map.
When indicating the type of permitted use, the following nuance should be taken into account. The title documents, as well as in the Unified State Register of Real Estate and on the Public Cadastral Map, may still contain outdated types of permitted use. For example, such VRI as “for running a summer cottage "no longer exists. In this case, you need to proceed from the following.
If your extract from the Unified State Register and (or) title or other documents indicate the following VRI:
- garden plot of land,
- for gardening,
- for gardening,
- country plot of land,
- for running a country house,
- for country house construction,
then the land plots for which such types of permitted use are established are garden land plots (Part 7 of Article 54 of Federal Law No. 217-FZ).
The listed types of permitted use are considered equivalent.
Thus, if your documents still indicate one of the above VRI, then your plot is automatically considered a garden plot of land. If you are already tired of manually filling out a construction notice, then use the online service to make your task easier.
The next paragraph 3.3 does not need to be completed, because it contains subparagraphs that must be completed. As you remember, an individual housing construction project and a garden house cannot have more than 3 above-ground floors. Therefore, in this line you must indicate the number of floors of your house, but no more than three. If you want to build a house with more floors, then you will have to obtain a building permit in the general manner.
The maximum height of the house cannot exceed 20 meters.
If you are planning to build according to a project, then in the design documentation you can easily find the value that determines the height of the house. Regarding the units of measurement in which the height should be indicated, the Ministry of Construction did not give any explanations, so you can indicate the height in meters. For example: 5.70 meters. Typically, a house has four sides, each facing its own property line. Depending on where on the site you are going to place your house, each side of the house will have a distance to the boundaries of the land plot. It is this distance, called the indent, that must be specified.
The size of the setbacks should not be less than the minimum values stipulated by the Land Use Rules for Development. Each locality has its own Land Use and Development Rules (hereinafter referred to as the Land Use Rules). These Rules establish the minimum size of setbacks from the boundaries of the land plot.
In other words, for a given settlement, the minimum setback from the boundaries of the land plot to the house cannot be less than 3 meters. When filling out the notice and in the future during construction, the minimum setbacks must be observed, because otherwise the notification will be rejected. The construction area, as usually corresponds to the area occupied by the house on the site. The area is indicated in square meters. Land use and development rules establish the maximum percentage of development within the boundaries of a land plot. This means that no more than 40% of the area of the site can be occupied for buildings. This limitation leads us to the conclusion that the area occupied by the house cannot, at a minimum, exceed the maximum percentage of development specified in the PZZ. In a good way, it is advisable to leave a reserve of space up to the maximum percentage so that, if necessary, you can build, in addition to the house, other buildings on the site (garage, bathhouse, etc.). In some cases, it is possible to obtain permission to deviate from the maximum parameters of permitted construction.
For example, you can obtain permission to exceed the number of floors of the house, or reduce the minimum setbacks, or increase the maximum building area of the land plot.
If you have such a decision, then in field 3.5 of the notification you must indicate its details. When there is no such solution, we leave the line empty. This field can be filled in in case of construction (or reconstruction) of a house that is located within the boundaries of the territory of a historical settlement of federal or regional significance. If the land plot is located on the territory of a historical settlement, then you will have to choose a standard architectural solution or independently describe the external appearance of an individual housing construction project or garden house.
To compensate for material and moral damage, as well as to satisfy demands for the demolition of houses built in violation of the rules, citizens have the right to go to court. The victim needs to prepare a statement of claim, title documents for the land, an extract from the Unified State Register of Real Estate, a cadastral plan of the land, and also provide evidence of the defendant’s guilt. The claim is drawn up taking into account a number of procedural requirements (Article 131 of the Code of Civil Procedure of the Russian Federation). If they are not followed, the application will remain without consideration, so it is advisable to use the help of a lawyer when writing the document.
Evidence in the case may be:
- Acts of cadastral engineers.
- Acts of inspection of sites by representatives of the cooperative board.
- Witness testimony if the house was recently built.
During the trial, the court appoints a land survey (if it has not been carried out previously), which will confirm the plaintiff’s arguments or the legality of the neighbors’ actions. The event is carried out on a paid basis. The losing party pays the costs. If the defendant's guilt is confirmed, the court may oblige him to compensate for the damage caused and to demolish the building within a certain period of time.
The construction of any objects, even on your own land plot, must be carried out taking into account a number of norms and rules. Many violations, including failure to maintain the distance from the house to the fence of an adjacent estate, can be ignored by regulatory authorities if its owners have no claims against the owner of the structure. Otherwise, violation of established requirements causes a number of negative consequences. Therefore, before constructing in the immediate vicinity of someone else’s territory, it is advisable to obtain written permission from the neighbors.
