Extension of permission to build a house under the Town Planning Code 2021

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If the construction permit expires, the document loses legal force. From this point on, work cannot be continued, otherwise the developer will face sanctions provided for by the legislation of the Russian Federation. It is possible to extend the construction permit in 2021 - to do this, you must contact the authorized bodies within the prescribed period with a package of documents.

In what case is it necessary to renew a building permit?

The grounds and rules for issuing and extending a construction permit (RNS) are regulated by Art. 51 Civil Code of the Russian Federation. The document must be completed in 2021 during construction:

houses from 3 floors and above;
separate capital buildings with an area of more than 1.5 thousand m2;
complex objects.

RNS is also necessary for some work on the reconstruction of capital buildings:

during the construction of an attic, additional floors;
when creating extensions;
when changing the shape of the roof;
when adding or moving door and window openings, entrance groups, internal load-bearing structures.

It is required to extend the RNS if the developer does not meet the agreed deadlines. For example, the foundation and walls have been erected, but the rest of the structure of the individual housing construction project is not yet ready.

To continue construction work, it is necessary to renew the permit by sending an application to the authorized body no later than 10 days before the expiration of the document. In this case, the developer must prove that construction has begun.

An extension of the construction permit is not required if the paper expired between 04/07/2020 and 01/01/2021 - the extension is carried out automatically for a year, due to the coronavirus pandemic in the Russian Federation (Letter of the Ministry of Construction of Russia No. 33225-IF/03 ). That is, submitting an application and documents to the authorized departments in this case is not necessary (although it is not prohibited by law).

Arbitration disputes - extension of the construction permit period

Lawyers and lawyers in legal services for legal entities - Rating leaders » Analytics » Useful articles and reviews of judicial practice » Real estate and construction » Arbitration disputes - extension of construction permits Managers of organizations involved in the construction of residential properties and the construction of non-residential premises very often have to deal with with a rather controversial situation: the established period of validity of the construction permit has already passed, and the state body authorized to extend it issues a refusal.

As a result, this often becomes the reason for quite serious and quite long legal proceedings, which slow down the construction process and add unnecessary problems to developers.

It is for the more effective resolution of such disputes that arbitration courts have developed a certain practice related to solving problems of inaction of authorized persons in this matter.

The extension procedure was regulated by the Town Planning Code of the Russian Federation. This provision provides for the possibility of extending the validity period of a permit upon a written application from the interested person.

The prerequisite is the following: this application must be submitted to the relevant authority no later than 60 days before the full expiration of the construction permit. In addition, the interested party’s request for an extension will be denied if construction has not started on the day the application is submitted.

As an example, consider the following situation: the applicant applied to the arbitration court to appeal the decision of the local administration to extend the validity of a construction permit.

The administration representative gave an official and written response, in which he indicated that an extension of the deadline was impossible due to the fact that construction had not yet started. The court, having considered the application, refused to satisfy the claims.

The courts of the first and appellate instances, having carefully studied the aspects of the case, found that the initial work aimed at the further construction of the facility began before the deadline established by law. Construction began more than 60 days before the current building permit expired.

At the same time, the courts stated that the only valid basis for refusing to renew a building permit is the complete absence of any construction activities at the site.

As can be seen from this situation, a very significant circumstance for this type of dispute is the fact whether construction began 60 days before the expiration of the permit or not. This circumstance is included in the subject of proof in such cases.

In cases where the court found that construction work at the site was not really carried out or even started, the refusal issued by the authorized body is lawful.

In addition, the practice of arbitration courts shows that they do not exclude the possibility of issuing a refusal to extend the validity period of a permit on the basis of other applicable legislative norms.

For example, the reason may be the developer’s failure to comply with established rules and regulations, which are aimed, first of all, at ensuring maximum safety of the real estate being built.

Regarding the rights and legitimate interests of the developer, he always has a full opportunity to challenge the refusal to renew a permit issued by a government agency by filing an appropriate statement of claim. He may also try to provide truly comprehensive evidence of the fact that construction is being delayed due to reasons beyond his control.

Author of the article

Kuznetsov Fedor Nikolaevich

More than 15 years of experience in the legal field; Specialization - resolution of family disputes, inheritance, property transactions, disputes over consumer rights, criminal cases, arbitration processes.

For what period can it be extended in 2021?

Initially, a construction permit is issued for the period established by the project; for individual housing construction this period is 10 years (clause 19 of article 51 of the Civil Code of the Russian Federation). How long the authorized departments will extend the permit is determined individually and depends on a number of circumstances:

construction stage;
deadlines specified in the project;
current building regulations;
applied technologies and materials;
reasons for the delay and so on.

Mostly, the extension of the validity of a building permit is carried out for a period of up to 3 years. Within the designated time, the developer must complete all work and report on the commissioning of the facility. If the construction is not completed again, the RNS will not be renewed again - you will need to obtain a new document.

Termination of a building permit is only possible in exceptional circumstances

The authorized body can revoke only that non-normative Act that does not comply with the current Legislation.

Part 21.1 of Article 51 of the Civil Code of the Russian Federation contains grounds that may serve as a reason for termination of a construction permit:

ownership or other right to the plot of land on which construction was carried out was forcibly terminated. This condition also includes the seizure of land for state needs;
waiver of ownership or other right to land;
an individual or legal entity has carried out the procedure for terminating a lease agreement giving the right to use land;
the right to use subsoil was terminated if the permit was issued for the construction or reconstruction of an object on a site that was provided to the user of the subsoil and necessary for carrying out work related to the use of subsoil.

As practice shows, the authorized body has the right to revoke a permit if significant violations were discovered in the process of issuing it. This may be due to the following reasons:

there are no documents confirming the right to land;
the land lease agreement has expired;
discrepancy between the type of permitted land use;
the project documentation lacks certain sections, which leads to the document not complying with the provisions on the composition of the project documentation;
violation of sanitary standards during the design process;
as a result of the examination of the project documentation, a negative decision was made;
the procedure for issuing a permit was violated.

Are there other possible reasons for the termination of a building permit?

The practice of Arbitration Courts gives an ambiguous answer. On the one hand, the Civil Code provides a complete list of circumstances that allow the permission to be revoked. When terminating it, the authorized body must refer to the specific circumstances established by law.

There is a different position: violation of the norms of Article 51 of the Civil Code allows you to revoke the permit regardless of other reasons listed in clause 21.1 of the above article. When making such a decision, arbitration courts refer to special grounds that indicate the legality of revoking the permit if reasons subsequently arise that impede construction.

The procedure for renewing a building permit - step-by-step instructions

The extension of the validity of a construction permit is handled by the same agency that originally issued the document. The following government agencies are authorized to carry out the procedure:

federal and regional executive authorities;
local government;
nuclear energy managers;
supervising activities on the use of nuclear installations and weapons;
State Corporation "Roscosmos" (during the construction of a space structure facility).

To register, you must submit an application and a list of documentation to the authority - this can be done remotely through the State Services portal or by visiting an MFC branch.

The procedure for extending a construction permit is regulated by Art. 51 Civil Code of the Russian Federation. In 2021, the deadline for issuing a new document is 5 working days - during this period, the department informs the developer of its decision to extend the document or to refuse the procedure. Government agencies provide services for renewing the RNS free of charge, and no state duty is charged.

Extension of permit through State Services

Extension of a document remotely through the State Portal is not available in all constituent entities of the Russian Federation - to check the availability of such an opportunity, you need to enter the name of the service in the search bar on the website. A description of the algorithm of actions for extending the RNS will appear. If the option is available online in a specific region, the “Get service” button will be active.

To register, you will need a verified account on the state portal and an electronic digital signature. Renewal of a permit consists of the following steps:

Fill out the online application form.
Uploading scanned documents.
Sending papers for verification.

The decision from the authorized departments will come within 5-7 days to the personal account of the portal and via the specified email. If the extension is approved, you will be able to pick up the document at the MFC branch.

Extension of permission through the MFC

The procedure for obtaining an extended construction permit through the MFC involves visiting a center branch with a package of documentation. It is recommended to make an appointment in advance - through the website or by phone.

This guarantees that you will receive the service at a strictly designated time, otherwise you will need to wait on a first-come, first-served basis.

The application can be filled out in advance or directly at the MFC, and a specialist will provide assistance if any questions arise.

After submitting the documents, the developer must wait for the decision of government agencies. When contacting the MFC, the period for providing the service may increase, since it takes 1-2 days to transfer the papers to the authorized agency. During the period of consideration of the application, an inspection of the object is carried out by representatives of Stroynadzor or the department of architecture and construction - it can be on-site (if there are no doubts about the conduct of construction work) or on-site.

If the extension of the RNS is approved, you will be able to obtain the document at the MFC - employees will notify you of its readiness via SMS.

Amendments to a building permit

Hello! There is no clear definition of this concept in the Town Planning Code of the Russian Federation. According to SNiP 2.08.01-89, an “attic” is understood as a floor of a building whose walls and ceiling are made up of a roof starting at a height of no more than 1.5 m from the floor. At the moment, this instruction does not always meet modern requirements and conditions for the construction of buildings and structures. This raises questions about distinguishing this concept from the definition of “attic”. The attic is considered a floor on which residential and office premises are allowed to be located and therefore does not belong to common property. The attic is part of the common property and is not a room, but a certain space located between the ceiling of the upper floor, walls and roof. The attic can accommodate a technical floor for communications and an attic floor. Attic conversions do not require a renovation permit. Therefore, the design of an attic in a private house is often associated with the emergence of controversial situations. Is it necessary to register an attic in a private house legally and as a construction project? The answer is categorical - yes, definitely! Attic equipment is the construction of a superstructure that changes the main characteristics of the building, such as height, number of floors, appearance, and requires changes in load-bearing structures. According to the Town Planning Code of the Russian Federation, the implementation of such construction work is reconstruction and is carried out on the basis of a permit issued by local authorities. Why is it necessary to design an attic in a private house? Article 222 of the Civil Code of the Russian Federation classifies as unauthorized constructions buildings and other real estate created: a). on land plots not intended for construction purposes; b). without obtaining the appropriate work permit; V). in violation of current regulations in the field of construction and urban architecture. The person who erected the unauthorized attic does not have ownership rights to it. It will be impossible to sell it, rent it out, donate it, or pass it on by inheritance; there will be problems with gasification and water supply. The person who made it must demolish the unauthorized construction at his own expense. The Code of Administrative Offenses of the Russian Federation provides for the imposition of administrative punishment in the form of a fine on such a developer. What documents are required for the construction of an attic? The process of collecting documents for reconstruction is similar to the procedure for preparing for construction. The design of an attic in a private house is divided into several stages. Stage 1. Preparation of documents on land ownership. If the building is owned by several owners, consent to reconstruction must be given by at least 2/3 of the owners. The following documents must be properly prepared: documents on ownership, land surveying, cadastral passport, urban planning plan for the land plot, and other documents. Stage 2. Design and examination of the project The design of an attic in a private house is carried out by organizations specializing in this. In addition to complex construction calculations for the project, coordination with many organizations will be required to connect the attic to the utility networks of the locality. The finished project is approved by the customer and must undergo examination. This stage may take several months. The package of documents must include: an explanatory note; reconstruction project; expert opinion on the project. Stage 3. Registration of a construction permit in accordance with the established procedure. The procedure and conditions for issuing this document are established in Art. 51 of the Town Planning Code of the Russian Federation. If the building being rebuilt does not belong to individual housing, then all of the above documents are submitted to the committees of the municipal governing body (administrative and technical, housing inspection, committee on urban planning and architecture). To reconstruct an individual residential building, the following documents are submitted to these organizations: title documents; site layout diagram after reconstruction; urban planning plan. The period for reviewing the package of papers is 10 days. The permit is valid for the planning period specified in the project. Having received the document, it is necessary to send engineering information about the future construction to the construction supervision authorities within ten days. Designing an attic in a private house also involves obtaining certificates from fire safety authorities, sanitary and epidemiological supervision, and housing office. The final stage. Upon completion of construction and installation work on the construction of the superstructure, it is necessary to draw up: a cadastral plan for the building in the BTI; accept the object according to the act; obtain a conclusion from the technical supervision authorities on full compliance with the standards and the design, permission for commissioning; register the reconstructed object in the Unified State Register. Important! In some regions, for example, St. Petersburg and Moscow, there are additional regulatory documents regulating the issuance of permits for the construction of attics. How to legalize a built attic in a private house The legislative act on the construction of attics regulating all possible controversial issues has not been adopted. There is no regulation prohibiting the construction of superstructures on buildings or the registration of existing ones. Persons who have the right of ownership, inheritable possession, as well as perpetual use of the plot of land under the building can apply to the local government authorities to establish ownership of the constructed attic. Often, the architectural committee and the housing inspection of the local government refuse to legalize an attic in a private house. Then the superstructure can be registered as an unauthorized construction on the basis of Art. 222 of the Civil Code of the Russian Federation in court. In both cases, the application for establishing the right of ownership must be accompanied by: Title documents on ownership, use or possession of the land plot under the construction project. A package of papers confirming the fact of independent construction - inspection reports and other BTI acts, etc. Documentary confirmation that during installation there were no violations of the rules and regulations of construction and public safety. Information that the rights of other persons are not infringed. Important! In court, the lack of permission for reconstruction is not a sufficient basis for a decision to refuse recognition of ownership of the attic. However, a person who erected an unauthorized structure, who had the opportunity to obtain such a document, but did not do so, will not be recognized as the owner. When it is impossible to legitimize a constructed attic Recognition of ownership of a superstructure on a building will be refused if: An individual or legal entity does not have the right to own the land plot under the building. Violations during the construction of normative and legal acts regulating construction work and urban planning were identified. As a result of the construction of the attic, a threat to the health of citizens or their lives arose. The interests of balance holders and other persons protected by current law are not respected or violated. The historical characteristics of buildings - objects of cultural heritage - have been violated. Decorating an attic in a private house in accordance with the procedure established by law is a lengthy procedure, but it is more than compensated by the pleasure from the profitable acquisition of additional square meters.

What documents are needed

For individual government agencies, the list of documents required when renewing a permit may differ, so it is recommended to clarify the information in advance.

The general list of papers includes:

Applicant's passport.
Statement.
Previously issued permit and list of previously submitted documents.
Notice of expiration of a building permit.
Confirmation of construction work - evidence can be an act on the current stage of construction, certificates in the form KS-2 and KS-3, notice of the start of work, contract agreements, invoices, receipts for the purchase of building materials, photos and videos, and so on.

If the developer missed the deadline for submitting papers, he will need to submit a full package of documents about the property, including title to the land and a planning diagram of the site.

Read more about what documents are needed for a building permit.

Regulations for extending the validity period of a permit to build a house under the Town Planning Code

In regions, the renewal of a construction permit for an unfinished facility may be carried out with certain differences.

First, the main provisions are written down, among which is the purpose of developing the regulations. It also records which body provides the service - for example, the town planning department. The composition, exact sequence of procedures and requirements are also mentioned in the text of the regulations.

Refusal to extend the validity of a building permit - what to do?

A refusal may be issued if the applicant has not collected a complete package of documents for the object. If the sample application was received by the authorized body less than 60 days before the completion of construction work, then the application will also eventually be refused. Also the basis for refusal is the fact that these works have not yet begun.

If refused for any reason, you must go to court by filing a claim in the prescribed form. The Town Planning Code does not provide comprehensive information on this issue, so competent lawyers can turn the case in favor of the client.

Judicial practice in case of refusal to renew a building permit under the Town Planning Code

Judicial practice has established many interesting facts. For example, thanks to the judicial practice of the FAS from the Far Eastern District, it became clear that changes in architectural projects should not become a basis for refusal.

In addition, in judicial practice it has been determined that only work that has not been started at all can become an accurate reason for refusing the applicant. But missing deadlines in judicial practice is not considered a full-fledged reason for refusal.

Application for extension - sample

There is no application form approved at the legislative level - the document can be drawn up arbitrarily. You can take the form from the authorized department, the MFC, or use the provided sample.

The application must include the following information:

Addressee's name.
Personal information about the applicant (individual or individual entrepreneur) - full name, passport details, registration and postal address, contacts.
Information about the enterprise (if the applicant is a legal entity) - organizational and legal form, full name of the authorized person, details (TIN, OGRN), contact information, address.
The main part contains a request to extend the RNS, its number, date and information about who issued it. The desired extension period is indicated.
List of documents attached to the application (indicating the original/copy).
Indication of the desired method of obtaining a decision on renewal and the document itself (for example, at the MFC).

The completion is completed by the personal signature of the developer with a transcript and the date of registration.

What will happen to the construction site if the permit is not extended?

Upon expiration of the permit, construction work must be suspended until the document is successfully renewed. If the extension is refused, further construction is prohibited until a new building permit is obtained.

If the developer continues to carry out work without permission or notification from government agencies, he will be subject to penalties under Art. 9.5 Code of Administrative Offenses of the Russian Federation:

2-5 thousand rubles - for citizens;
20-50 thousand rubles. — for officials and individual entrepreneurs;
500 thousand - 1 million rubles. - on the organization.

Administrative liability for enterprises and individual entrepreneurs may include suspension of activities for a period of up to 90 days.

If an object violates technical standards, does not comply with approved parameters, or poses a threat to the population, departments have the right to oblige developers to dismantle it at their own expense. In case of refusal, demolition is carried out by authorized government agencies with a claim for reimbursement of expenses to the owner of the building.

Why they may refuse to renew in 2021

The authorized government agency has the right to refuse to renew the construction permit for the developer for the following reasons:

The application for extension was submitted later than the specified period (maximum period - 10 days before the expiration of the document).
Construction has not yet begun or the department does not have a sufficient evidence base for the work.
Not the entire list of documents is presented.
The developer organization has not submitted an application to begin work.
Errors or inaccurate information have been identified in the application.

The refusal to carry out the procedure is conveyed to the applicant in writing with a mandatory indication of the reasons for such a decision. However, this is not an obstacle to submitting documents for a new permit.

If you disagree with the refusal, the developer has the right to file a complaint with a higher authority, based on the circumstances of the case (deputy head of administration, director of the MFC). The paper is drawn up randomly, the period for its consideration is 30 days after receipt by the government agency. If the problem is not resolved, it is advisable to go to court to provide evidence of construction.

Step-by-step instructions on how to apply for a building permit through State Services

Only registered users of the portal have the opportunity to apply for a construction permit.
Only registered users of the portal can apply for a construction permit. To register, you will need to provide your personal information, namely your full name, mobile phone number and email, then fill out your passport information. After this, every citizen can easily log in to the system.

Step 1. To obtain a complete list of government services, you must log in to your “Personal Account”.

Step 2. In the “Services” section, you must select the “Apartment, construction and land” category.

After the list of services provided appears, you need to select “Building Permit”.

In the next window, you need to select “Building Permit” and the area from which class=”aligncenter” width=”1200″ height=”532″[/img]After completing the presented points, you will need to click on the “Get class=”aligncenter” button width=”1200″ height=”547″[/img]

Step 3. The next step, the citizen must fill out an application, which begins with personal information - full name, contact phone number and postal address.

Then you will need to indicate brief design characteristics of the object.

After specifying all the data required in the application, you must attach the requested documents. Namely, an extract from the Unified State Register of Real Estate and a town planning plan for the land plot. After completing all the steps, click on the “Submit Application” button.

The service completion period is up to 10 working days. After filling out the form, the application is registered within one business day. If the specified deadlines are not met, the citizen has the right to file a complaint. In addition to providing a construction permit, Gosuslugi also provides the opportunity to renew the permit using an electronic form.