Fine for building without a building permit

What is considered illegal construction?

According to Art. 222 The Civil Code of the Russian Federation means unauthorized construction

construction of any structure (building) on an area not intended for this purpose, without obtaining legal rights, in violation of generally accepted urban planning rules.

A construction can be declared illegal if there is at least one of the violations

there is no building permit;
the construction does not correspond to the main purpose of the land plot;
during the construction of the structure, construction standards were violated;
construction is carried out on the site without first obtaining the right to own it.

If it is proven that the erected building or structure is indeed an illegal construction, then ownership rights to it cannot be obtained. This means that the supposed owner of this structure, who spent his own money on it, will not be able to fully dispose of it, much less carry out any transactions with it (rent, sell, etc.).

That is, if construction is declared illegal, these actions will also be considered illegal, and any of these transactions will be declared invalid. This will cause serious problems for the offender

How to obtain permission to build a private house

A document that shows your ownership (certificate);
Urban development plan;
The applicant's civil passport;
A duly executed power of attorney (when your representative applies);
Project documents (this includes documents of a design and engineering nature, for example, a plan for the location of buildings on the site, etc.);
In the case where project documents require examination, you will need an expert opinion indicating that there are no violations or obstacles;
If the result of the examination was issued by a private organization, then you will need to submit a document confirming the right of such organizations to conduct this type of examination.

Now let's take a closer look at what a permit is. A permit is a written document that indicates that the construction does not contradict the site planning project. If a linear object is being built, the compliance of the building with the land surveying project is also taken into account.

26 Jan 2020 etolaw 504

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Illegal construction initiated by third parties

It doesn’t matter at all what the building is: a store in the middle of a square or a neighbor’s garage under the windows of the house, if this building in any way interferes with the process of life, threatens safety and health, violates civil rights in any way, then you can safely demand, through the authorized authorities (municipality, court) to demolish this structure.

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If it is proven that the building is indeed illegal, then its owner will be obliged to demolish it and return the territory to its previous state, as well as pay a fine

Of course, usually the investigation procedure, legal proceedings and decision-making can take a lot of time, and all this time illegal construction will cause serious inconvenience to citizens. However, it is necessary to act harshly in such situations, since not a single owner of an illegal building will voluntarily agree to demolish it of his own free will.

How to recognize a self-built property as property

But every developer must understand that despite all the difficulties of legalization, no one is exempt from liability before the law.

By legalizing unauthorized buildings, you can be sure that you will not be affected by problems in the form of fines and lawsuits. Also, the owner of an illegal building must be prepared for the fact that local officials may become interested in his development and come with an inspection.

The reason for this check may be different, including complaints from ill-wishers (neighbors, competitors).

When is a building permit not required?

The Town Planning Code of the Russian Federation (Article 51) indicates several cases when a developer may not obtain permission

in the case of building a garage on your own site, which is not intended for business activities;
construction of buildings on plots intended for dacha or gardening;
installation of structures and structures that do not fall under the classification of capital construction (kiosk, tent, canopy);
construction of auxiliary structures.

In addition, there are regional programs that allow certain construction to be carried out without obtaining permits.

Construction on individual housing construction lands: how to obtain permission

It happens that the owner of the site did not know about the need to obtain a building permit and had already started building a house. What to do in this case? According to Vitaly Stolyarov, we are talking about an unauthorized construction, which, according to Article 222 of the Civil Code of the Russian Federation, is subject to demolition.

Let us immediately note: a construction permit is required to be obtained only if the site belongs to the lands of settlements and has the type of permitted use - “individual housing construction” (IHC). It is possible to build houses on plots intended for dacha farming without permission from supervisory authorities.

“Law on self-construction”: from 2020, land plots will not be taken away from Russians

In our country, a fairly popular phenomenon is the construction of houses, buildings, and offices without permits or approvals from the local administration.

At the beginning of 2020, all summer residents were frightened by rumors that their land plots would be taken away from them, and the illegally built buildings and structures on them would be demolished!

But the Russians rushed to conclusions; no one is going to deprive them of their property.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

In fact, the question of changes in urban planning legislation arose due to the widespread construction of high-rise buildings, hotels, etc. on private land plots. To achieve this, the government has developed uniform requirements for all individual developers (IZHS).

Finalization of the bill was necessary for many reasons, one of them: Article No. 222 allowed local authorities to independently decide whether to recognize a building as an unauthorized construction, even in cases where the building was the only housing for citizens, these buildings were demolished.

On the one hand, there are positive aspects - now high-rise buildings, shops, and hotels will not grow on garden plots without permission from the administration. But on the other hand... now to build a private house on your own land plot it will take a lot of time and money to collect all the permits and documents.

Is it possible to do without demolition and fines?

In judicial practice, there are cases when a decision is made in favor of the developer. Typically, recognition of ownership

You can get one for an illegal building if:

the building was erected in accordance with all rules and regulations;
it does not interfere with or infringe on the rights of other citizens;
the territory on which it is located is not someone else’s property and can be used for appropriate construction;
the developer complied with fire and other safety standards during the construction process;
and most importantly: he submitted documents to the court to recognize the construction as legal, but for some unfounded reasons it was refused.

Even before March 1, 2020, the so-called “dacha amnesty”

, according to which an actively used illegal building, for example, a summer cottage, can be obtained ownership rights through a simplified procedure. After this period ends, the procedure for legalizing buildings will become more complicated.

In conclusion, it is worth saying that if you need to build something, it is better to worry about obtaining permission to do so in advance. It is much easier to resolve issues regarding violations in construction than problems with the illegality of construction.

to try to get a court decision as soon as possible

Why do you need a building permit and where to get it?

In addition, such a building cannot be registered as property, which means it cannot be disposed of : sold, exchanged, donated. However, the 3rd part of this article still provides for the possibility of legalizing a new building through a court decision if all the conditions coincide at once:

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One of the results of the work of city councils and district legislative assemblies is the development and approval of a general plan for the territory . This means that in a document such as the “General Development Plan” all territories are divided. The plan indicates where the construction of residential buildings is planned and what number of storeys is allowed.

What do you need to remember?

In the issue of liability for carrying out construction and other types of work without permits, it is worth considering a number of points that relate to the administrative part of current laws. Thus, the construction of an object is allowed if the following steps are performed:

Registration, taking into account the current legislation, of the right to a plot of land where construction of a structure is planned. Many people consider such papers to be of little importance and put off completing them. In practice, it is this documentation that is subject to primary verification. The absence of such papers on hand inevitably leads to a refusal to grant permission.
Preparation of design documentation for the future facility. Based on such papers, the developer carries out construction (restoration) work. The main requirement is to entrust the task to professionals, because the quality of construction and the ease of obtaining permission to put the structure into operation depend on the results obtained.
Coordination of design documentation. An equally important part concerns coordination work. This requirement is a consequence of what is described above. The more reliable and high-quality the contractor, the less likely there are errors in the documentation and the easier it is to issue a permit at the final stage. If you skimp on the project creation stage, the final result may be unsatisfactory, and the approval process itself will be delayed.
Permission. If the authorized bodies have reviewed the submitted package of papers and have no complaints about it, a permit is issued. Such a document allows you to begin construction work.
Receiving an order. An equally important part is the execution of a warrant, according to which the developer has the right to begin construction work. This is the last stage after which construction can begin.

The given algorithm of actions is approximate, but each of these stages will have to be completed before construction work begins. Each step has intermediate measures that can be described using many sheets.

In general, the bureaucratic component takes up to 30 days, so developers are trying to simplify their lives and begin work without paperwork.

The advantages are those construction companies that are engaged in the construction of non-capital buildings. In this scenario, there is no need for a building permit.

As a result, the time spent on going through bureaucratic procedures is reduced. What should other developers do? Practice has shown that many begin the process ahead of time, before obtaining permits.

This is a violation of current laws in the field of urban planning. The result is the accrual of penalties, which were mentioned above.

Real estate requires registration, but many owners deliberately ignore it. It is believed that since the land belongs to the owner, it means that you can do whatever you want with it and build whatever you want. Why spend money on permits and notifications? Meanwhile, illegal construction on the site faces legal sanctions.

The consequence of erecting an unauthorized building in the Russian Federation can be not only a fine, but also criminal liability. Supervisory authorities do not stand on ceremony with violators. Is it worth taking the risk or is it better to legalize the construction? What fines do violators face in 2020 and how to avoid them - the answers are in our article.

Is it possible to build a house without the appropriate permit?

The fine for citizens varies from 1 to 5 thousand rubles, and for officials from 20 to 50 thousand rubles. Individual entrepreneurs pay a fine of 20 to 50 thousand rubles, and their work may also be suspended for up to 90 days. Representatives of companies pay a fine of 500 thousand rubles. up to 1 million rubles, and this may also threaten suspension of work for up to 90 days.

Often people ignore the stage that involves obtaining permits for the construction of a private residential building. This leads to significant negative consequences, as certain problems arise with various government bodies. Therefore, you should understand why approval is needed, how to obtain it, and what problems you may encounter in its absence.

What buildings need to be registered?

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

There are permanent and non-permanent buildings. The former are subject to mandatory registration, but the latter are not. Capital buildings are represented by objects that have a foundation. They cannot be moved without damaging the structure.

Until August 4, 2020, it was possible to build a garage, garden house, extension and other non-permanent objects without a building permit. The new rules made it mandatory to register private houses on plots for individual housing construction - now instead of a permit, a notification procedure is in force - by virtue of Art. 51.1 Civil Code of the Russian Federation.

Tax services conduct regular raids on garden plots. The purpose of such raids is to identify illegal buildings and bring violators to justice. Now they are actively introducing aerial photography of SNT territories. Quadcopters fly through the air and detect objects even behind the highest fence.

Ivanov and Petrov are neighbors in the garden. Both have registered the land for individual housing construction, both live in constructed residential buildings.

Ivanov has a car and needs a garage. He hires a team of builders, draws up a project and prepares for construction.

Considering that the garage will be permanent, Ivanov needs to notify the administration about the construction. Then you need to register the garage with the cadastral register and register ownership of it + pay property taxes.

Otherwise - a fine or demolition of the building. Petrov doesn’t need a garage - he needs an outdoor toilet and a small shed for equipment.

Both buildings have no foundation. There is no need to register ownership of them.

Construction also does not require notification to authorities. Petrov does not face any sanctions for not registering the toilet and barn.

Consequences of self-construction

An illegally erected building is considered an unauthorized construction. An object can be classified as “AWOL” in accordance with the Civil Code.

The law clearly identifies the following signs of self-construction:

development on land not for construction (for example, a plot outside the city for gardening);
construction on someone else's land;
there is no registration of permits/notifications;
the requirements of SNIP and other norms were violated.

The combination of such features gives grounds to recognize the structure as a self-construction. The developer who built it is threatened with legal sanctions.

Administrative liability – applies by virtue of clause 2 of Art. 222 of the Civil Code of the Russian Federation. The initiator of the development does not have the right to dispose of the object: sell, donate, exchange, mortgage, lease, etc. Unauthorized buildings are subject to demolition or restoration to a decent appearance in all respects. The costs of demolition will be borne by the violator. At the same time, the owner faces an administrative fine under the Code of Administrative Offenses of the Russian Federation.
Criminal liability – by virtue of Art. 159 of the Criminal Code of the Russian Federation “Fraud”. Punishment is a fine, arrest, compulsory or forced labor, even imprisonment. However, the deeds must be proven. Usually they punish entrepreneurs who build objects on individual housing construction for business purposes, but do not register them with Rosreestr.

The most common are administrative sanctions - and a striking example is a fine from the Tax Service.

Obtaining a building permit for an already built house

The question sounded confusing