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From this article you will learn:
- What documents will be required first for the construction of a private house?
- How to obtain permission to build a private house
- What to do after you have collected all the documents for building a private house
Every person who has not yet managed to build one has a dream of owning their own home. To realize such a dream, great efforts must be made. One of the stages of this path is the study of the legal aspect of this issue. According to the legal provisions, a special regulatory regime is provided for residential real estate. In this article we will tell you what documents should be prepared for the construction of a private house and its subsequent registration.
The nuances of obtaining permits
There are no additional fees or charges when submitting documents. Until 2020, registration was carried out in a simplified manner; this procedure did not require the submission of project documentation. If the documents were received earlier and the validity period has not expired, there is no need to reissue them. After the expiration date, you will need to re-register again.
A document may become invalid under the following circumstances:
- the owner, on his own initiative, renounced the right to land;
- ownership rights to the site were revoked;
- ownership of subsoil, without which the building cannot be operated, has been terminated;
- forced revocation of property rights, including in favor of the state.
Within a month after the termination of property rights, the authorities revoke the building permit. There are situations when, after receiving permits, a change of owner occurs.
Construction on plots for individual housing construction
The procedure is almost identical to the points described above, with the exception of a few rules.
In order to obtain permission to build a house on a site intended for individual housing construction, an application is made for a visit by a UA&G employee to the relevant territory, who will give an opinion on the possibility or prohibition of construction.
Before this, the developer must submit to the district administration a statement of the owner’s desire to obtain permission, a copy of the certificate of ownership, and a petition from the rural district. In addition, you will need an extract from the house register.
A permit is issued if a copy of a personal account opened at the place of registration is provided, as well as a site plan with the surrounding area, underground and surface communications marked on it.
Nuances of project formation
Project documentation is important for obtaining permission to build a house. It is mandatory for every company that plans to build a high-rise building.
Without a project, it will not be possible to obtain permission from the administration.
Important! The absence of a project is allowed if it is planned to build an object with no more than three floors, and also if one family will live in it.
Features of the construction of a building on lands intended for agricultural activities
It is not allowed to build high-rise buildings on lands that are intended for reclamation or for the production of various agricultural products.
But there are some exceptions, since the construction of small structures that can be used for living in any season is allowed.
For such construction, you also need to contact the local administration. You should first find out whether it is possible to change the category of land.
If a refusal is received, then permission to construct the building must be obtained.
Important! The main point here is the ability to prove that the building is intended to support the existing economy.
You can build dachas, one-story houses or cottages, but in addition there must be a farm.
Deviation from norms
Often it is necessary to construct objects in which there are deviations from standard parameters. In this case, a building permit is also required.
How long is the permit valid?
To do this, follow these steps:
- an application for the planned construction is initially formed;
- it is transferred with other documents to the Development Commission;
- documents are reviewed and a permit is prepared within six months, but usually this process does not take more than three months.
To make a decision, specialists must assess the severity of existing deviations from the norms.
How to create a land planning organization scheme? See here.
How long is the permit valid?
The permit to construct the facility is valid for 10 years. Usually this time is enough for the final construction of the house. If this period is not enough, then you can extend the validity of the document.
In certain situations, the municipality may decide that it is necessary to stop construction of a particular project. There can be many reasons for this, but usually they are really compelling and significant.
Important! Typically, when issuing a construction permit, revocation of this document is rarely required.
Refusal
Most often, the refusal is associated with an insufficient number of documents, the developer lacking the necessary papers, or the failure to provide documents and information to the administration about the important parameters of the planned building.
If the revocation of the permit is unfounded, the developer may go to court to resolve the dispute. In this case, it is necessary to prepare all the documents that confirm the applicant’s correctness.
Sometimes the court takes the side of the developer, but judicial practice shows that most often decisions are made in favor of municipal authorities, since they usually have really compelling reasons for revoking the permit.
How is a permit to build a high-rise building issued? Watch in this video:
Other features of the construction of an apartment building
Each developer planning the construction of a high-rise building must collect certain documentation not only to obtain permission, but also for other purposes.
The fact is that after receiving permission from the administration, the construction must be coordinated with other authorities.
When constructing a high-rise building, it is imperative to prepare other documents in addition to the project:
- a diagram of the territory on which construction work is planned, so that this information is entered into the scheme by the land developers;
- information about all sections that exist in the project, and each such section requires a separate copy of the document;
- the results of the study of the territory, which determine its technical and engineering condition;
- data on all engineering communications;
- information about the area of the planned building.
When is a building permit not required?
Permission is not required in several cases:
- If reconstruction, modification or completion of permanent structures is carried out, without violating the building’s structure, its safety and reliability, as well as the parameters established by the town planning regulations;
- When you plan to build a garage for personal purposes. It is strictly prohibited to conduct commercial activities in such areas;
- During the reconstruction or construction of an object not related to capital (trays, kiosks, pavilions);
- During construction on areas intended for gardening or summer cottage farming.
Individual housing construction is not all buildings. These include a house of no more than three floors, taking into account both above-ground and underground tiers. The cottage must be intended for strictly one family residence.
These are several basic criteria for classifying an object as individual housing construction; if these are not met, the development of an individual project and the conclusion of the State Expertise for compliance with norms and rules are required.
Distance from neighbors
On the territory for individual residential development, the location of all objects from the neighboring site must be strictly regulated. Wherein:
- The distance to a one- or two-apartment house must be maintained at least 3 m;
- The distance from the premises for livestock and poultry is 4 m;
- 1 m must be left to auxiliary outbuildings, trunks of small trees, and shrubs;
- The distance for old tall trees is planned to be at least 4 m.
If you plan to build a one- or two-apartment house, the windows and walls of the neighboring cottage, sauna, garage or barn must be at least 6 meters away.
Monolithic ventilated facades
This technology is used for many multi-storey buildings for various purposes.
Strictly speaking, this is not a construction technology, but rather a type of finishing work. The systems are characterized by the following indicators:
- The presence of an air gap between the wall surface and the finish;
- Possibility of using different types of cladding panels;
- Adding aesthetics to the facade and minimizing the threat of condensation in the house;
- Significant reduction in heating costs due to increased heat capacity of the entire building.
This technology is used for many multi-storey buildings for various purposes. At the same time, the materials used for the installation of ventilated facades are produced in a huge variety: aluminum, vinyl panels or panel elements made of composite materials are durable and strong.
When choosing a suitable technology for the construction of multi-storey buildings, it is necessary to take into account not only all economic aspects, but also the availability of a powerful base of special equipment, resources and professional builders. It is difficult to cope with a house even of 2-3 floors alone; it is better to entrust this task to specialists.
Expansion of existing area
This happens when you need to build another building next to the cottage. In this regard, many owners have questions about the legality of such a building.
Permission can be obtained by fulfilling specific urban planning requirements:
- maintain distances from neighbors - 6 m, from an already built house - 3 m and from outbuildings and auxiliary premises - 1 m, also do not violate the building density prescribed in the standards;
- preserve the purpose of the site – i.e. its residential focus.
If the future construction meets all the above rules, you can safely contact local authorities to obtain permission.
conclusions
It is recommended to entrust the preparation of design papers for development to professionals. The project must reflect all technical data used for construction work, including utilities and finishing materials.
When drawing up a project passport, you must have a construction permit in hand. Unauthorized construction of a private house is punishable by large fines. The absence of permits is fraught with administrative liability also in the following situations:
- the order of implementation of construction technology is violated;
- the completed reconstruction does not correspond to the approved data in the project;
- the object was illegally repaired during the period of capital construction;
- The facility is put into operation during the period of capital construction.
If the provisions of the law are violated by individuals, a fine of 2-5 thousand rubles is provided. For contractors and entrepreneurs, penalties amount to 20-50 thousand rubles, for legal entities - up to 1 million rubles.
News 2020
Until March 1, 2018, a simplified system for obtaining construction permits was in effect. Less documents and time were required. After March 1, 2020, it will be necessary to obtain permission to put the facility into operation.
It should be noted that this addition is only required for residential buildings. To obtain this permission, you need to contact the local government, after which they will form a special commission that is obliged to inspect the construction site. A permit will be issued only if the construction has already been completed, the house has electricity, water, gas and a functioning sewage system.
Commissioning implies full compliance of the constructed facility with all technical and fire safety standards. If the commission does not have any comments or disagreements, the document is issued without problems. With it you can register your home, registering it as your property.
If permission for commissioning is not issued, then the owner has no right to sell, donate, or bequeath the built house. You can’t even register in it, because according to the documents it simply doesn’t exist.
