Approval of an extension to the building in 2020

What is an extension to a building and what work does it fall under?

Each object cap. construction has individual parameters, including dimensions (length, height, width), area, volume. These parameters are initially described in construction projects, and after completion of the work they are confirmed in technical passports and plans, information from the Unified State Register of Real Estate and BTI inventory files. During the existence of a building or private house, its initial parameters can be changed. To do this, a superstructure or extension can be carried out, or individual parts of the object can be dismantled.

As follows from the definition, an extension to a residential building or non-residential building entails an increase in area and volume, and therefore a change in the initial parameters. Such construction work falls under reconstruction, which requires mandatory approval. Based on the results of the work, the volume of the added part will be united by common boundaries (external walls) with the original structure. For this purpose, common internal spaces, passages, utility networks and communications are made. It is also possible to equip a separate exit from the attached part to the area under the building.

Expert commentary. A new independent facility can be built in close proximity to the building. In some cases, if construction, sanitary and fire safety standards allow it, it can be closely adjacent to the original structure. In such a situation, we are not talking about an extension, but about the construction of a new building that will have individual characteristics. These works need to be approved not as reconstruction, but as the construction of a new facility.

The extension provides for an increase in the volume and area of ​​the original building. Therefore, it needs to be agreed upon in the form of reconstruction.

Regulatory acts

To carry out any construction work that entails a change in the characteristics of the object, it is necessary to approve the project. The approval mechanism and design rules for the extension must comply with the following guidelines:

• Town Planning Code of the Russian Federation () - describes approval options, general requirements for documents and work safety;
• Law No. 384-FZ () - defines safety standards for buildings and structures that must be observed during construction and reconstruction;
• Law No. 123-FZ () - contains fire safety standards that must be observed during construction work in relation to structures and materials of buildings;
• Resolution No. 87 () - describes the content of the sections of the project that must be ordered for the extension.

These are general regulations that apply to all construction and renovation options. If there are special rules that apply to certain types of buildings. For example, if legalization of an extension to an apartment building is required, the project and other documents must comply with SP 54.13330.2016. The same building rules, standards and regulations must be chosen for other types of objects.

A permit for an extension to a private house is issued if, as a result of the work, the total area and volume of the original structure increases. Coordination takes place by submitting notifications to the local government authority. These notifications are used to check whether the extension complies with safety standards.

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Extension to a semi-detached house

Hello. LAW OF THE AMUR REGION March 11, 2010 No. 317-OZ ON THE PROCEDURE AND STANDARDS FOR CITIZENS' LOGGING OF WOOD FOR THEIR OWN NEEDS Does not contain a specific list of persons entitled to receive this forest. Article 4. Composition of documents for citizens to obtain the right to harvest timber for their own needs under a purchase and sale agreement 1. An interested person or his representative, acting by proxy, submits an application for concluding a purchase and sale agreement for forest plantations to the body authorized to conclude a purchase agreement. sales of forest plantations. 2. The application for concluding a contract for the purchase and sale of forest plantations shall indicate: 1) last name, first name, patronymic; 2) details of a passport or other identity document; 3) place of residence; 4) the name of the forestry within the boundaries of which it is intended to purchase forest plantations; 5) the requested volume of wood (in cubic meters) within the established standards and its quality indicators (coniferous or deciduous, industrial or firewood). 3. A citizen has the right, in an application for concluding a contract for the purchase and sale of forest plantations, to indicate the purpose of purchasing wood, and also, in accordance with the stated purposes of using wood, to submit to the authorities specified in Article 2 of this Law, documents (part of the documents) provided for in Part 4 of this article . 4. In accordance with the stated purposes of using wood, a citizen has the right to attach to the application for concluding a contract for the sale and purchase of forest plantations the following documents (part of the documents): 1) copies of title documents for the land plot, if the purpose of using wood is the construction of a residential building and (or) outbuildings; 2) copies of title and (or) other documents for a residential building and (or) outbuildings, if the purpose of using wood is to repair a residential building and (or) outbuildings; 3) a copy of the construction permit, if the purpose of using wood is the construction of a residential building and (or) outbuildings, except for cases where, in accordance with the legislation on urban planning, obtaining a construction permit is not required; 4) a certificate of the fact of a natural disaster, if wood is required in connection with a natural disaster. All the best to you and successful resolution of the problem. Thank you for choosing our site.

Interesting: Part 2 Article 162 Housing Complex of the Russian Federation Under the Agreement for the Management of an Apartment Building

The owners of an apartment in a two-flat building built an extension to their apartment, as a result of which the distance from the extension to the red line was half a meter instead of the required three meters. Tell me what court decisions there are to satisfy the claim to legitimize reconstruction in this case.

Types and extension options

The design of the extension is carried out in different versions. Here are the types of construction work that the owner of the building and site can carry out:

• expand the dimensions, increase the area and volume, i.e. as a result of the work, the attached part will be combined and limited by common external walls with the main building;
• you can attach a new independent object with its own external walls, separate exits, and engineering systems in close proximity to the building;
• an extension can be a temporary or non-permanent structure that does not fall under the characteristics of a real estate property (for example, it could be a pavilion, a cafe or restaurant terrace for the summer).

There are specific features for coordinating and constructing the listed types of extensions. For example, if a new facility is being built, fire safety standards (including the distance of fire breaks), natural light for the main building and nearby buildings, and other standards must be observed. Compliance with mandatory standards will be indicated in the project, and they will be checked during the examination when issuing a permit for reconstruction.

Expert commentary. There is another type of objects - built-in and attached premises. They may have different purposes with the main structure. For example, in an apartment building, built-in and attached premises can be used for retail and office purposes. In some cases, the specified object can be placed on independent cadastral registration. You can learn more about these nuances from the specialists of our company.

Possible problems when legitimizing an extension

Various problems may arise, the first is collecting documents. This process takes a lot of time; it is impossible to receive all the papers at once; they are often issued one by one, i.e. Based on one document, a second one will be issued.

The court may refuse in the following situations:

1. During construction, the load-bearing wall is affected; this is strictly prohibited.
2. If the building is erected close to communications, the distance between them should not be less than 2.5 meters.
3. Low-quality, old materials or outdated technologies were used during construction.

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If everything went well in court and the claims are satisfied, then the owner of a house with an extension may face a lengthy process of obtaining permits. The administration or court officials can take quite a long time to prepare the necessary papers.

What is needed to approve an extension to an existing building

Legalization of an extension is possible if a project has been drawn up for the work and has received a positive expert opinion. The reconstruction project contains architectural, structural, engineering and other solutions that ensure an increase in the total area and volume of the building, combining the main and attached parts into a single whole.

An extension to a private house is also subject to reconstruction, but has a different approval procedure. The notice, which the owner submits to the local government, describes the types of work and future characteristics of the individual housing construction house. It is permissible to submit a notice of the start and completion of work without a project. In practice, even for work in a private house, a project is needed to ensure safety and compliance with building and fire regulations.

Permission for an extension is not the only legal requirement. Since an increase in the area and volume of a building entails a change in its basic parameters, the owner needs:

• order a technical plan from a cadastral engineer after completion of the work (this document will describe the new parameters of the structure, taking into account the attached part);
• contact the BTI and make changes to the technical plan if the object is registered for technical registration;
• register with Rosreestr to update the USRN information.

The main object will not lose its existence, although it will significantly change its characteristics. Therefore, deregistration in Rosreestr and cancellation of the cadastral number do not occur. An extension to a building will be considered finally legalized if information about it is included in the Unified State Register of Real Estate. For the owner, such confirmation will be an extract from the register.

Permission for reconstruction is issued by Gosstroynadzor on the basis of the project and a positive expert opinion.

Legal registration of house reconstruction

A major extension erected without an approved project and not legalized by the BTI is considered an unauthorized structure.

If there is a need to formalize it properly, the problem will have to be resolved in the courts.

This will require a considerable amount of time and effort, as well as material investments in the form of penalties and costs of legal proceedings.

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In order to obtain legalization of a design, it is necessary to prepare the following package of documents:

• Papers on land ownership and housing construction.
• Technical passport and current site development plan, cadastral plan.
• Current house project.
• A sketch or plan of the structure being designed.
• Application from the main owner of the building on the personal plot and written consent of the remaining owners, if there is a shared participation.
• A statement from neighbors that they have no objections to the construction of an extension on the site.
• Acts and regulatory documents signed and agreed upon by municipal utilities (electricity and gas suppliers, water utility trust, etc.).

The last point applies only to those cases when a connection to the listed communication networks is planned in a capital extension. For example, a permanent veranda used by the residents of the house as a kitchen or bathroom.

In addition, in some cases, permission from the sanitary-epidemiological or fire service may be required for legalization. Having the necessary documents, you can contact the main construction authorities of local government.

This could be a specialized architectural department at the municipality or a construction bureau. Having examined the application, the relevant authority issues a construction permit with the only condition - upon completion of all work, they will need to be closed with an act of the acceptance committee.

Thus, having completed the construction of the objects permitted on the site, you need to invite a state commission, which will check the compliance of the work performed with the project, and issue a certificate of completion of construction. This document will become the basis for the BTI to make changes to the technical plan and register the extension to the house.

The owner will be able to obtain the final documents with re-registration in Rosreestr by paying the State fee.

Its size depends on the area of ​​the attached structure.

How to obtain permission for an extension

A permit for an extension to an apartment building, individual housing construction or non-residential building is issued in accordance with the Civil Code of the Russian Federation. Each type of object has its own nuances that the design organization must take into account. From our company you can order design and technical documentation for any type of construction work, support for approvals of extensions to a residential building or non-residential building. Read below for the most important points about obtaining permits.

Extension to a non-residential building

It is possible to attach a new part to a non-residential building on the basis of permission from the State Construction Supervision Authority. To obtain this document, you must:

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• obtain the consent of all property rights holders for the upcoming work;
• order engineering surveys and pre-design surveys, obtain a technical opinion or report;
• order a reconstruction project from an organization that is part of a specialized SRO;
• submit the project for examination and receive a positive conclusion;
• submit documents to Gosstroynadzor to obtain a permit.

After completing these procedures, you need to submit a notification to begin work. During the reconstruction, ongoing construction supervision will be carried out. When the work is completed, a permit for commissioning is issued. This document is also issued by Gosstroynadzor.

When reconstructing, the extension must be attached to the main building. For this purpose, common walls are erected and passages are made.

How to design an extension to an apartment building

It is much more difficult to legalize an extension to an apartment building, since safety standards for apartment buildings are much stricter. If it is planned to expand the total area and volume of the house, an additional requirement will be to obtain the consent of the owners. This is necessary in any case if work is to be done on common property, which includes MKD structures. The consent of the owners is confirmed by the minutes of the general meeting. It is impossible to oblige the owners of apartments or non-residential premises to give consent, and a negative decision cannot be appealed.

There are also special options for attaching to MKD premises. Here are their features:

• an extension to an apartment in an apartment building is allowed only on the ground floor, and can be expressed in the form of a balcony, terrace, loggia, or a separate entrance;
• when transferring an apartment to non-residential premises, an extension can also be erected in the form of an entrance group (staircase, vestibule, ramps for people with limited mobility).

The listed extension options in Moscow are allowed according to Resolution No. 508-PP. Since these works will be carried out on common property, it is also necessary to obtain the consent of the owners of the apartment buildings. An extension to an apartment building on the ground floor to create new premises is also accompanied by a meeting of copyright holders.

A non-permanent extension to an apartment building is not subject to reconstruction. Therefore, there is no need to order a project, undergo an examination and gosstroynadzor. However, the attached part will be located on a site under an apartment building, so holding a general meeting of owners is mandatory even in this case.

The most difficult thing is to coordinate the reconstruction of an apartment building, since it poses a threat to the safety of people.

How to legalize an extension to a private house

The easiest way is to get permission to add an individual housing construction to your house. To do this, you do not need to contact the housing inspectorate or Gosstroynadzor. The approval algorithm is as follows:

• the owner fills out and submits a notification to the local administration that he will carry out the reconstruction of individual housing construction;
• the notice describes the essence of changes in the characteristics of the house, including the parameters of the attached part and the main object after completion of the work;
• the notification is checked by local authorities according to construction, fire and sanitary-epidemiological safety standards;
• if all indicators are normal, a response notification is sent to the owner.

After completion of the work, you must again send a notice to the extension to the residential building. The document must confirm that the owner has not gone beyond the parameters of the extension specified in the initial notification. If compliance is confirmed, you can order a technical plan, register and register the extension to a private house.

Expert commentary. How to legalize an extension to a house if it was completed without permits or notifications? This is possible if you confirm the safety of the work performed and the absence of violations of the interests of other owners of nearby properties. For legalization, it is necessary to order a technical plan and submit it to the local government authority along with a notification. Our company’s specialists will provide assistance in completing the procedure.

Cadastral registration and registration

In order to finally legalize an extension to a house or non-residential building, it is necessary to register with Rosreestr. This procedure consists of updating the USRN data, where new characteristics of the structure will be indicated. Since the rights to the property do not change during reconstruction, registration is not necessary.

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Technical plan

A technical plan must be ordered for any extension options. This document is issued after measurements and examinations by a cadastral engineer. The specialist will describe the new parameters of the object, taking into account the attached part, on the graphic and text part of the technical plan. In particular, the new dimensions (contours) of the object, its new area, coordinates, and updated location on the site will be indicated. The technical plan is issued in electronic form (on disk) and submitted to Rosreestr for registration. You can order the document from our company.

After completion of the work, you must obtain permission to put into operation. This document is also issued by Gosstroynadzor.

Decoration of a garage attached to the house

A warm, permanent garage is the dream of every vehicle owner. And if there are two or three cars in the family, then adding a large garage with access to the house is simply necessary, if you have the means and desire.

What documents are needed to ensure that the garage is officially registered and not in the status of an unauthorized building? It is mandatory to obtain permission to build a garage, even if you are the full owner of the allocated land, and, it would seem, have every right to build whatever you want on it.

In order to legalize an extension to a house you will need:

• Contact the municipal authorities with an application and request permission to build a garage on a personal plot.
• Provide the competent authorities with documents: a plan and technical passport of the site and the house to which the structure will be attached, a certificate of ownership of the property and land allotment.
• Application in the prescribed form.
• A copy of the passport of the main owner of the property with photographs corresponding to age and registration.
• Statement by the share owners that they have no objections.
• A sketch or project of a garage, if it has the status of a permanent structure.

The architectural or urban planning department of the Municipality reviews the submitted documents and makes a decision. If all documents are prepared properly, then it is usually positive.

There are cases when the owner of a private house decides to privatize a plot of land where a garage will be built or has already been built. In this case, on the basis of a decree on the possibility for citizens of the Russian Federation to privatize land, approved by the Ministry of Economic Development of the Russian Federation, the following documents are submitted to the Municipal authorities:

• The owner’s passport and documents confirming that this citizen is the main owner of the house on this site.
• Permission from the cooperative farm to transfer land for temporary use (in cases where the house is located on its lands).
• Cadastral site plan, cartography.

In some cases, the authorities may require a preliminary detailed design of the future garage. According to the law, the case of privatization of a land plot is pending for no more than a month, after which the authorities make a decision.

After receiving permission to build a garage, work can begin in the order established by the project. Upon completion of the work, the garage, like any other capital extension, is entered by the BTI service into the technical passport of the house and the land cadastre.

When starting the construction of any structure on your suburban area, be sure to consult with Municipal Services and go to the intended goal only in a legal way. Remember that a court decision on legalizing extensions to a house may not always be positive.

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Property that is not registered on time may be subject to demolition by court decision, without compensation for material and moral damage.

The lawyer talks about the garage as an unauthorized construction in the video:

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What are the dangers of an unauthorized extension?

An unauthorized addition to a private house does not formally fall under the offenses under the Code of Administrative Offenses of the Russian Federation. In Art. 9.5 of the Code provides for liability for reconstruction carried out without a project or permit. An extension to an individual housing construction does not require a design or permission, and the notification does not apply to such documents. However, if construction and fire regulations are violated, it will be impossible to legitimize the work performed. This makes it impossible to register with Rosreestr and dispose of the property. At the request of local authorities or owners of nearby buildings, demolition of an extension to a residential building is possible. To do this, an order is issued, and then a lawsuit is filed in court.

Illegal reconstruction of an apartment building or non-residential building is punishable under Art. 9.5 Code of Administrative Offenses of the Russian Federation. Carrying out work without permission entails a fine of 2500-5000 rubles. (citizens), 20-50 thousand rubles. (IP), 500 thousand rubles. – 1 million rubles. (organizations). In addition to a fine, the court can suspend the activities of an individual entrepreneur or enterprise for 90 days.

List of useful documents

Documents for download:

How to legalize an unauthorized extension to a private house step by step

• name of the judicial authority;
• personal data of participants in the process and interested parties (for example, owners of adjacent objects);
• evidence of rights to the land plot and the main building to which the extension was made;
• a description of the process of constructing an unauthorized object - on your own or by inviting a contractor;
• a list of actions taken by the applicant to resolve the dispute out of court;
• requirement to recognize the construction as legal and register rights to the specified object.

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The statement of claim must be accompanied by documentation drawn up by a cadastral engineer during an on-site inspection of the property, as well as acts of approval from specialized institutions - architectural authorities, fire supervision, Rospotrebnadzor authorities, gas services, etc.

How much does a permit for an extension cost?

The Gosstroynadzor permit is issued free of charge, since it is a public service. The customer pays for the research and design, examination, and preparation of the technical plan. Registration with Rosreestr also does not require payment of a fee. The notification procedure for an extension to a private house will also cost no fees. The owner of individual housing construction at his own expense orders a project (if necessary) and a technical plan. You can find out about the preliminary prices for the services provided by our company from the table below.

Modern technologies make it possible to visualize a future extension at the design stage.

How to legalize an extension to a house on your own land before and after construction

• underground communications lie at a distance of less than 2.5 m from the erected structure;
• the extension affected the supporting structure of the main structure;
• Low quality materials were used during construction;
• construction was carried out using technology that is now outdated.

When the house is in shared ownership, registration will require obtaining the consent of all co-owners. It is worth understanding that when constructing an extension, the size of the share will change. This means that adjustments will also need to be made to the Unified State Register. At the same time, the structure must not violate the rights of other persons.

26 Apr 2020 glavurist 463

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Terms of approvals

The terms of survey and design for the upcoming extension are determined by agreement. They depend on the terms of the technical specifications, the features of the upcoming work and the characteristics of the original object. Review of documents by Gosstroynadzor takes no more than 7 days. After completion of the work, the technical plan can be obtained from our company within 1-5 days. More information about the timing of procedures and registration of mandatory documents can be found by calling us.

conclusions

• Approval of an extension to the building is a mandatory requirement of the Civil Code of the Russian Federation, since this work is a reconstruction.
• An extension to a house without a building permit entails a fine under Art. 9.5 Code of Administrative Offenses of the Russian Federation.
• To legitimize the part of the object being added, you need to order a project. undergo an examination and obtain permission from the State Construction Supervision Authority.
• To add individual housing construction to a private house, notifications are submitted to the local government authority.

Our company’s specialists will help you quickly get all the approvals for the extension. All details can be obtained from our consultants by phone.