What does a building permit look like?
To avoid unnecessary difficulties, make sure when purchasing land that it is intended for individual construction.
Even if you decide to purchase land for another purpose, you need to make sure that the land can be converted into a category for residential development. Please note that if your site falls into the exclusion zone, for example, it is located next to a water supply system, power lines, gas pipeline, etc., then it will simply be impossible to obtain permission to build a residential building in this place. You should ask local authorities if they have any government needs for the land you are purchasing. Typically this information is public and should not be kept secret. If the object being built is not located near a reservoir, but within the territory of a water protection zone, this does not mean that housing cannot be built and put into operation. The law provides for the construction, design, placement of individual houses and other facilities. However, this will necessitate the construction of special buildings that will ensure the protection of water bodies from clogging and pollution.
Construction permit 2019-2019
I'll tell you how it was for me. I am in Nizhny Novgorod and documents for permits are accepted at the urban development department in the Kremlin. First you need to call them and make an appointment. There is only one reception day - for us it is Wednesday. It’s interesting that the MFC refused to accept papers and said that they do not issue RnS.
Permission to build a private house must be obtained before the construction of the house, but since I started building the house when there was still a “dacha amnesty,” I did not worry about it. It was in vain. Then I learned that in the summer of 2021 a decree was issued that now everyone needs to obtain a building permit. Well, here we go...
Where to start building a house on a site - all stages, from foundation to roof
- personal interests . First of all, set the direction for the search. Perhaps there are memories associated with a certain place, or you want a plot near the water, or in the forest, etc.;
- location . More in demand are plots located within the city or at a distance of 10-15 km from it;
- plot dimensions . Affect the scale of construction. In construction, the proportion is 1:10. That is, on a plot of 6 acres it would be appropriate to build a house of 60 square meters. Whether or not to follow this recommendation is up to the owner of the plot, but in the event of a sale it significantly increases the liquidity of the property;
- availability of infrastructure . Even if complete privacy is planned, it is desirable that there be several more buildings located on the development territory, a medical center, a store, a school, etc. This is especially important if the house is intended for a family with children and is planned for year-round living;
- proximity to transport . It is important for car owners to evaluate the quality of access roads and the presence/condition of asphalt pavement. So as not to end up in a situation where, in order to get home, you need to change your car to another one with a higher ground clearance. For those who do not have a car, proximity to public transport is desirable;
- availability of communications . Is it possible to connect to central heating, water supply, sewerage. Are power lines connected to the site? Owners of plots in newly created satellite villages often face this situation;
- state of ecology in the area . It may turn out that living here is fraught with negative consequences (proximity to hazardous production);
- soil type . The choice of foundation and the possibility of constructing a well depend on it. In practice, it may turn out that this soil is generally not suitable for the construction of heavy objects. That is, it is possible to build a summer house or a small dacha on it, but building a two-story house with an attic is unrealistic.
- market value of the plot . It is determined by all parameters together. The final price will depend on the owners of the site and your ability to bargain reasonably.
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A land plot is a territory that has clearly defined boundaries. At the same time, the surface layer of the earth is also considered private property. The depth of the layer is not prescribed at the legislative level. But it is worth remembering that when you are going to dig a well, you are acting within the framework of your interests. If you plan to drill an artesian well, then you are encroaching on state property, which means that its drilling must be agreed upon and documented.
Permission to build a garage and necessary documentation
Attention: You must take seriously the collection of the necessary documents that are needed for this procedure; remember that they may refuse to issue a long-awaited permit for this reason, for example, if you have not collected the necessary documents, or you do not have them at all availability.
- Ownership of a piece of land if you own it. If not, then permission from the owner.
- A ready-made estimate for the garage, which indicates the building itself and the entire plan of its location. All sizes should be listed here.
- After submitting these documents, you will be given a decision. Ten working days are allocated for review.
- After the allotted time, you will be given a decision. Refusal is extremely rare. Although if a refusal is given, then, according to the law, the applicant can appeal it in court.
How can I notify local authorities about construction?
Article 51.1. The Civil Code of the Russian Federation in its Part 1 provides for the following methods of notifying a local government body:
- personal visit to the authority;
- registered mail;
- visiting the MFC;
- online notification on the government services portal.
Please note that the period for consideration of the application along with the submitted documents is 7 days. He begins his report from the moment the documents are accepted by the competent authority. That is, if you send them by registered mail, the starting point will not be the date of sending, but the day of their receipt.
Permission to build a bathhouse: required or not
- Since baths are mainly made of wood, and it is known to have the highest degree of flammability, it is better to build such structures from hardwood, which is not characterized by strong resin release, therefore, such material is less fire hazardous.
- When constructing a bathhouse, all its wooden parts must be impregnated with a special solution.
- The bathhouse ceiling should be insulated with fireproof materials such as expanded clay or clinker. Also, at the junction of it and the chimney, even at the construction stage, it is advisable to protect this area with a layer of sand, which should be placed within a radius of 70 cm. This will prevent the wood from catching fire if cracks suddenly form in the chimney over time.
- On individual housing construction plots, the bathhouse must be located at a distance of at least 3 m (sometimes 2.5 m is acceptable) from the border of neighboring plots, and from any residential building - at least 5 m. Moreover, it must be within sight from the windows of the house.
- Despite the fact that fire authorities welcome the location of a bathhouse near a reservoir, nevertheless, in order to avoid its contamination by wastewater, according to sanitary standards, such a building must be located at a distance of at least 20 m from it. The same goes for wells.
- To avoid flooding of the building, if there is a body of water nearby, it should be built on a slightly elevated area.
- When choosing a place for a bathhouse, the wind rose must be taken into account, since no neighbor will like it if smoke that is formed when wood burns comes into his windows. In cases where this cannot be avoided, it is better to choose an electric heater for a steam bath rather than a wood-burning stove.
Cancellation of permission in practice: has it gotten better?
Changes at the legal level are only formal in nature - changing the name “permission” to “notification” did not simplify the procedure for “paper” registration of the construction of a residential or garden house. In fact, you need to obtain the same permission, without which you will subsequently not be able to register the building.
The fact that citizens were exempted from obtaining a commissioning permit until March 1, 2021 also did not play a significant role. You will still have to indicate to the administration that construction is completed. And if such a notification is not sent, it will subsequently be impossible to register ownership.
But on top of that, such requirements are now established for not only residential, but also garden houses.
Permission to build a private residential building - procedure for obtaining from 2021
In the event that a town planning regulation is not established for a land plot or the town planning regulation does not apply to this plot, a construction permit confirms the compliance of the design documentation with the requirements for the purpose of the object and its parameters.
You can find out more about the change in the status of the GPZU here, especially since its information will be very useful for developers, since it allows them to obtain the most accurate information about the location of utility networks, conduct an objective analysis of the profitability of the planned construction or reconstruction of a facility, and provide protection against possible errors.
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Question answer
- Question: In these articles, the Town Planning Code does not contain such a concept as a “country house”? Does the law only operate with the concept of “garden house”? Where have the dachas gone? Answer: According to the new rules, farming on land for personal interests will be carried out in two forms - gardening and vegetable gardening. A dwelling intended for temporary seasonal stay is now only a garden house, which we are accustomed to calling a dacha.
- Question: Do I need to notify the Administration about the start of construction if I already have a permit for the construction of an individual housing project? Answer: If permission was received before August 3, 2018, then there is no need to notify the administration additionally.
- Question: Do I really now need to obtain some kind of permits to build a summer house on my own plot of land? Answer: Yes. Previously, permits were not required for residential or country houses built on dachas or garden plots. Now you need to send a notice of the start and completion of construction (but this is not a permit!).
Maybe,
What is a building permit and how to obtain it, renew it, make changes
After submitting the application and all necessary documents, within 10 calendar days you will be issued a building permit, or a refusal to issue a building permit. They can refuse you only in cases where you have not submitted all the documents strictly according to the list, or if the submitted documents do not meet the established requirements.
At the same time, many say: “But we were told that an individual residential building can be registered as a property without a building permit, under the dacha amnesty.” That’s right, you can register ownership of an individual residential building using a simplified scheme (dacha amnesty) without obtaining an occupancy permit or a building permit.
What do you need now instead of permission?
Article 51.1 of the Town Planning Code gives the right to build an individual residential building on a site without a permit, but with mandatory notification of the local government about the fact of the upcoming construction.
The notification is sent in writing and has an approved form in accordance with Order of the Ministry of Construction of Russia dated September 19, 2018 N 591/pr.
Such a statement must reflect information about:
- Full name of the owner;
- his passport details;
- site address;
- data from the developer's organization;
- cadastral passport data;
- right of ownership;
- characteristics of the future object;
- that the house will not be divided into independent objects;
- postal or email address for communication;
- method of informing the developer.
The application must also indicate a schematic plan of the structure of the house and its location on the site. If construction will be carried out according to a standard architectural solution, it is submitted along with the application, but there is no need to describe the external appearance of the future house and draw up its plan.
in Word format, please follow the link.
Please note that individual housing construction can be built not only on land owned by right of ownership. It may be owned under a lease agreement, on the basis of documentary evidence of use free of charge, etc.
Individual housing construction, also known as a residential building on a garden plot, is an object intended for living, with a maximum number of floors of 3 floors above the ground and a maximum height of 20 m in height. However, it should not be divided into apartments.
The result of consideration of such an application by local authorities will be the issuance of a notification about the compliance of the parameters of the construction project with established standards and the admissibility of its placement on the land plot.
There is no need to notify local authorities about the construction of a garage, bathhouse, or shed.
Permission to build a private house
As mentioned above, summer residents and gardeners do not require permission. For now, it is possible to register the right to build in a simplified manner on the basis of a declaration. But this is until the moment when the law allows the construction of residential buildings on gardening lands. The authorities have already thought about this on the sidelines. But owners of land for “individual housing construction” or “personal subsidiary plots” were less fortunate. From July 4, 2021, after changes to Federal Law 221 (on the real estate cadastre) come into force, buildings on a land plot with such permitted use without a building permit will not be registered in the cadastral register. And, therefore, it will be impossible to register the right to the house. Strictly speaking, the “dacha amnesty” did not previously apply to individual housing construction workers, but the cadastral chamber turned a blind eye to this and accepted declarations from them. Obtaining permission has been and remains necessary.
The problem is that if you apply for a permit after construction has begun, the Administration will most likely refuse to issue it. In accordance with the law, permission is issued before construction begins. If representatives of the Administration establish the existence of a building, there may be problems with obtaining permission. They can check this in two ways - directly come to the site, or check with current aerial photographs. It turns out that a building permit after the start of construction can only be obtained if:
What else do you need to get from the documents to build a house?
To start construction, notification is enough. However, this is just the beginning. The construction procedure itself and its subsequent coordination with local authorities is as follows:
- STEP 1. Preparation of documents (on ownership, site plan, etc.) and filling out the notification form for the planned construction.
- STEP 2. Sending a complete package of documents to the administration.
- STEP 3. Wait seven days while officials decide whether the future residential building meets the requirements established by law and building codes.
- STEP 4. Obtaining permission, which gives the right to begin construction.
- STEP 5. After completion of construction or reconstruction, a notification of completion of work is sent to the supervisory authority. It is accompanied by a technical plan and a notice of the start of construction.
- STEP 6. Checking the constructed house and making a decision that the building complies with urban planning standards.
- STEP 7. Transfer by the administration of the received documents for registration of property rights to Rosreestr and cadastral registration.
Among the “documents received” should be the following notifications:
- about construction;
- about its completion;
- about the compliance of the declared parameters (the same “resolution”) ;
- about the actual compliance of the building.
In this case, owners have the right to apply to the registration authority independently.
Please note that in 2021 you must also send a notice of completion (completion) of construction. It is analogous to a permit to put a facility into operation. This paper is submitted with a technical plan and a receipt for payment of the state fee for registration of rights. After receiving it, the administration begins checking whether the constructed individual residential country house meets the previously specified parameters. Therefore, build a residential building or cottage in compliance with the parameters and do not change the approved plan, otherwise problems will arise with the registration of property rights.
Features of a construction permit for individual housing construction
There are also certain standards for the distance of erected buildings on the site from other buildings - mainly guided by fire safety. To avoid accidents, the local administration carefully monitors private developments.
- a private house is being built to accommodate only one family - there are no clear boundaries in terms of area (a building of 600 sq. m can be erected), the layout of the rooms and the absence of several entrance groups are considered to a greater extent;
- a private house is allowed up to 3 floors high, but if an additional basement is planned, it is also considered a full basement floor;
- It is imperative to take into account the encumbrance or restriction imposed by higher authorities regarding the existing land plot.