Reconstruction of a private house - detailed instructions


Permission for reconstruction

Permission to reconstruct the house is obtained from the city administration. Before submitting documents, it is necessary to make preparatory measures. Drawing up a restructuring plan, indicating the reasons for the alteration. Also attach a building plan of the structure that is currently available. And a diagram of what the owner plans. The reconstruction plan must be carried out in accordance with all rules and standards; therefore, if the customer does not have an architectural education, then it is better to entrust the preparation of the document to specialists.

Services of this kind are provided by private design organizations, which are quite expensive.

permission to reconstruct a house
Project plan for the reconstruction of a residential building Source lstk-crimea.ru

You can take a different path, invite a specialist from the architectural bureau of the city administration . It will be cheaper. You will have to pay a fee, and subsequently a fee for drawing up a plan. This is a kind of trick, since the permit is issued by the same department, and when a plan is drawn up by their employee, there will be no complaints about the quality of its preparation.

See also: Catalog of companies that specialize in the reconstruction and rebuilding of houses

Building permit from neighbors

If the database does not contain information about the owner of the site, then you can legally publish an announcement in the local print media about the approval of construction, as well as the necessary boundary work. Be sure to indicate the time and place of the approval. If the owner of a neighboring plot does not appear at this event, this is equivalent to giving his consent to carry out construction work.

Building your own home requires obtaining various permits. Such permits are issued only by specially authorized government bodies. In the absence of a building permit, the owner may face certain problems. Thus, a house may be recognized as an unauthorized building, which may result in legal consequences for its owner, including the demolition of the house.

30 Jun 2020 hiurist 170

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Documents for reconstruction

So, when the plan is ready, you can begin to create a package of documents , which includes:

  1. Application for reconstruction of a private house;
  2. Reconstruction plan, with technical specifications;
  3. Current building plan;
  4. Extract from the Unified State Register of Real Estate;
  5. Passport of a citizen of the Russian Federation of the owner of the house;
  6. Documents confirming the ownership of land and house;
  7. If the house is jointly owned, then the official, certified consent of all shareholders for reconstruction;
  8. Urban planning plan of the land plot;
  9. Scheme of the planning organization of the land plot with designations of the location of the individual housing construction object;
  10. Certificate from the BTI;
  11. In each territorial district, the architectural department may require additional certificates specific to a particular area; the administration will notify you of this when preparing the documents.


reconstruction of a residential buildingReady permit for reconstruction Source luattoanquoc.com
This package of documents must be accompanied by an agreement of intent, indicating the licensed contractor who will carry out the reconstruction work.

Property documents should be submitted in the form of certified copies, leaving the originals in hand.

After submitting documents to the architectural department, a decision on the applicant's request must be considered within 30 days.

Documents can be submitted through the multifunctional center (MFC), where they will be accepted, they will be issued a receipt indicating the list of documents, the date of return of the case, and after the allotted time has passed, they will call and invite you to pick up the documents.

Important! Before a decision is made, work is prohibited from starting. Otherwise, self-government bodies may require, in court, to return all objects to their place, in accordance with the original building plan.

Responsibility for arbitrary reconstruction

Unauthorized construction without design documentation is prohibited in Russia, but there are a lot of such buildings and the government has taken measures to legalize unauthorized construction through a dacha amnesty. So, if a citizen built or reconstructed his private house on his own land before March 1, 2020, then he can count on a simplified system for legalizing the structure. But if the work has not yet been completed by this date, then you will have to go through all the stages of obtaining permits.

According to the Code of Administrative Offenses of the Russian Federation, Article 9.5, the punishment for individuals is a fine from 2000 to 5000 rubles. During ongoing construction, fines may be imposed more than once. But this is not the most severe punishment. If the building is illegal, and reconstruction of a residential building without permitting documents is such, more severe consequences than a fine may arise. For example: with unfriendly neighbors who can sue the owner of a self-built building for a large shadow on their site from the building, or unacceptable proximity to the fence. In this case, there is a possibility that, by a court decision, the building will be forced to be demolished independently or subsequently forcibly.

reconstruction of a private house
The validity of the dacha amnesty has been extended until 2020 Source d-kvadrat.ru

How to obtain and draw up consent from neighbors to build a house closer than three meters to the property line

But any actions, even on your own site, must be carried out taking into account the laws. Additionally, technical requirements are taken into account, otherwise you may encounter various problems with your neighbors. If a violation is detected at all by various supervisory authorities, they can issue a fine to the violators.

In addition to a fine, demolition of the object may be required, so every person who wants to build a house on their territory must decide in advance on the optimal location for it. If it is located closer than three meters from the neighboring territory, then the consent of the owner of this land will be required for construction.

Interesting: Benefits accompanying a disabled person

Commissioning of a residential building

After completion of the work, the owner must contact the administration again to put the reconstructed facility into operation. To do this you need:

  1. Submit an application to put the house into operation ;
  2. Provide documents on the work carried out in accordance with SNiP, these could be work acceptance certificates from the certified organization that carried out the reconstruction;
  3. a permit for reconstruction with the main papers .

Sample application

Head of Guryevsky's administration

municipal district S.S. Podolsky

from_________________________ _________

(full name address)

Statement

I ask you to issue permission for the reconstruction of an individual residential building (residential

apartment building), (cross out unnecessary ones), located _______________________

____________________________________________________________area ________________

Date ____________ Signature _______________________

Information about the Applicant:

Identification document of the Applicant: ____________ series_____, number_________,

by whom and when issued by______________________________________________________________________________.

Registration address at place of residence:________________________________________________ __________________________________________________________________________________________.

Address of actual residence:_________________________________________________ __________________________________________________________________________________________.

Contact phone numbers:____________________________________________________________________

List of documents provided:

  • copy of passport for (for individuals);
  • a copy of the state registration certificate (for legal entities);
  • a copy of the power of attorney (if necessary);
  • title documents for the land plot;
  • urban planning plan of the land plot;
  • positive conclusion of the state examination of project documentation;
  • consent of all rights holders of the capital construction project.

Date ____________ Signature _______________________

All documents are submitted to the city administration and the BTI.

Based on the accepted documents, the administration issues a document on the legality of the construction. A technical passport is issued with the amendments made during the reconstruction. A permit to put the facility into operation is also issued. At this point, the procedure is completed and the object is located in the zone of law, and it can be disposed of at the discretion of the owners.

reconstruction of a residential building
Obtaining permission to put a house into operation Source art-krasnodar.ru

Rosreestr has no information about the apartment

HOW CAN 72.6 SQM BE REGISTERED, WHEN SHE OWNS 35.4 SQM IN THE WILL, THE NOTARY HAS THE RIGHT TO GIVE HER WHAT DOES NOT BELONG TO HER * HOW CAN A MOTHER OWN ONE APARTMENT AND A DAUGHTER AFTER HER DEATH PRIVATIZES THE SEX THERE IS A HOUSE OF TWO APARTMENTS * AND SHE OWNS 10 HOTES OF LAND A IN THE AGREEMENT FOR PURCHASE OF LAND FROM THE ADMINISTRATION IT IS INDICATED WITHIN THE FRAMEWORK OF THE CADASTRAL PASSPORT AND IT TURNES OUT THAT THEY ARE GIVING IT AGAIN ILLEGALLY 24 acres.

Hello. Please help. I submitted an application to change the cadastral number of an apartment in an apartment building built in 1973 after redevelopment, carried out on the basis of permission from the administration. The living space was increased by adding a balcony of 3 m2; the balcony itself was not expanded. However, after submitting documents for cadastral registration to the MFC, a refusal was received with reference to clause 4 of Article 40 of Federal Law-218 (Rosreestr does not have the cadastral number of the parental home), which describes the case of registering an apartment building, and not an apartment in this building . How correct is this? File in attachment.

This is interesting: 2281 Criminal Code of the Russian Federation 2020

Contractor's liability

When choosing reconstruction contractors, you must verify the authenticity of the developer’s license. When reconstructed in violation of the technological process, the building may lose its original parameters in terms of strength and stability. In Art. 754 of the Civil Code of the Russian Federation provides for the contractor’s liability for improper fulfillment of its obligations.

If there is a deviation from the technical plan approved by the administration, the contractor may be required to correct his work and return the building to its pre-reconstruction condition. For minor deviations from the plan and not to the detriment of the strength of the structure, no punishment should be given.

permission to reconstruct a residential building
The choice of a responsible contractor falls on the shoulders of the homeowner Source poradniki24h.pl

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