Do I need to get a permit to build a house on a dacha plot?

⭐ ⭐ ⭐ ⭐ ⭐ Legal topics are very complex, but in this article, we will try to answer the question “Obtaining a Permit to Construction of a House in St. 2020 Reviews.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

Case from life : When registering a house and plot according to a simplified scheme, the question arose, “Have cadastral numbers been assigned?” At the gardening partnership, the lawyer said no. It’s good that they suggested checking at the MFC. The operator reassured that she had to stand, since from 2020-2020 all gardening partnerships were obliged to transfer cadastral information to Rosreestr. To be sure, I made a request for information on real estate objects. Having paid 800 rubles, the answer came on the same day by email and turned out to be positive, the house and land are registered in the cadastral register. Thus, she saved herself from providing services of calling surveyors and employees from BTI.

• notification of the planned construction or reconstruction of an individual housing construction project or a garden house -;
• notification of compliance of the parameters of the individual housing construction and garden house with the maximum parameters of permitted construction from the local administration.

Getting the registration result

Federal Law No. 218-FZ of 2006 gives citizens who own real estate the opportunity to register it in a simplified manner, without permission to put the house into operation. These actions came to be called the “dacha amnesty.”

On January 1, 2020, Law No. 217 “On gardening and horticulture by citizens for their own needs” came into force. It explains what can be built in SNT. It is possible to build a residential building in SNT if it is a capital construction project with its own infrastructure.

Construction of a house in SNT

• the plot of land must be within the boundaries of a populated area;
• on the territory of SNT, town planning regulations approved by the municipality must be in force;
• the erected structure must be subject to this regulation;
• the height of the house is no more than 3 floors and 20 m;
• total area - more than 12 sq. m., with a kitchen starting from 6 sq. m.;
• the presence of conditions for living in a round house, i.e. the availability of communications and electricity. An ideal state of communications is not required. Enough so that they can ensure their livelihoods throughout the year. For example, if there is no power grid, it is enough to have a generator.

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The content of the article

Horticultural societies allowed temporary buildings that could be used for temporary residence, but not for registration. If a permanent structure was being built, then, at the request of the owner, a commission was invited, which declared the structure suitable for habitation. Then registration with Rosreestr and registration took place.

The essence of the above law was that unauthorized construction was not prosecuted by law. Accordingly, to build a garage, bathhouse, etc. on your land. there was no need to obtain appropriate permission for this action and its subsequent use.

1. Documents that confirm the existence of such an object with its property description. Until 2010, it was enough to have a cadastral passport, but new amendments require permission to put it into operation.
2. A document confirming the right to own the land plot on which the object was built.

Amendments to the law “on dacha amnesty”

The main condition for successful registration of ownership of a house is its location on a plot allocated for gardening. This also applies to areas located within the boundaries of horticultural non-profit partnerships (SNT). If a plot of land was allocated for gardening, then it will not be possible to register a house built on it.

For reference: today there is a simplified procedure for converting a country house into a residential one, and this will continue until March 1, 2020. Subsequently, the rule will change and become more complicated, so it is not recommended to delay this issue.

Alas, no matter how much the government advocates for the necessity and expediency of a new law regulating legal relations in the field of gardening, many Russian summer residents are not satisfied with the innovations. All claims are set out in an official paper on 400 pages, which was presented at the III All-Russian United Forum of Gardeners, held in the city of St. Petersburg. In this document, gardeners spoke out about the innovations and substantiated their injustice and illogicality.

Criticism of the new law on SNT

Bringing the constituent documents into compliance with the law of 29.2020 No. 217-FZ is the first thing that all gardeners and gardeners need to do. The text of the law clearly states which points must be included in the new charters of partnerships. It is noted that the essence of the innovations for SNT and ONT in terms of the charter is the same.

The owner, having decided for himself that he will register the cottages, must prepare certain official papers for construction. Because without them the process will not continue, and all documents must be taken care of in advance. To do this, it is important to remember exactly what you will need and make sure that everything on the list is on hand.

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Individual entrepreneur on a summer cottage

Here's what I dug up:

In accordance with Art. 78 of the Land Code of the Russian Federation, agricultural lands can be used, including by citizens, for agricultural production and other purposes related to agricultural production: for peasant (farm) farming, personal subsidiary plots, gardening, horticulture and vegetable gardening. The use of agricultural land by citizens to locate a store is provided for in accordance with Art. 8 of the Land Code of the Russian Federation (after the transfer of agricultural lands to lands of settlements in accordance with the Federal Law “On the transfer of lands or land plots from one category to another” dated December 21, 2004 No. 172-FZ).

In addition, Art. 81 of the Land Code of the Russian Federation establishes that the procedure for providing land plots to citizens and their associations for carrying on, including gardening, is established by the Federal Law “On gardening, gardening and dacha non-profit associations of citizens” dated April 15, 1998 No. 66-FZ.

However, Art. 1 of the said Federal Law defines that a garden plot of land is a plot of land provided to a citizen or acquired by him for growing fruit, berries, vegetables, melons or other agricultural crops and potatoes, as well as for recreation (with the right to erect a residential building without the right to register residence in it and economic buildings and structures). From this definition it follows that the use of a land plot on the territory of SNT “construction of a carpentry shop” does not apply to the main or auxiliary types of permitted use.

Based on the above, we can conclude that the interested person cannot independently, without additional permits and approvals in accordance with Art. 37 of the Town Planning Code of the Russian Federation, change the permitted use of the garden plot to “construction of a carpentry shop”.

At the same time, clause 6 of Art. 36 of the Town Planning Code of the Russian Federation stipulates that town planning regulations can be established on agricultural lands used for gardening.

In this regard, capital construction projects established by urban planning regulations on land plots with a conditionally permitted type of use can be located on the territory of SNT. The procedure for granting permission for a conditionally permitted type of use of a land plot or capital construction project is determined by Art. 39 of the Town Planning Code of the Russian Federation.

Construction of a carpentry shop Construction of a carpentry shop on the territory of SNT is possible if the head of the local administration makes a decision to grant permission for a conditionally permitted type of use of the land plot in compliance with the established art. 39 of the Town Planning Code of the Russian Federation procedure (discussion at public hearings - general meeting of SNT members, positive conclusion of the commission, etc.).

If you are supported by other members of the gardening community and the local government, you will be able to make your dream of building a carpentry shop on the territory of SNT come true.
Modified on 07/12/2015 16:27 by Serega59

Is it necessary to register a country house in SNT

The process of registering buildings on a garden plot can be carried out according to a simplified scheme - according to the dacha amnesty. But, despite the ease of registration, not everyone is in a hurry to go to the registration authorities, because after registration they will have to pay taxes for the property.

About the dacha amnesty

1. If the cadastral documentation contains incorrect information about the area of ​​the land plot.
2. The applicant did not submit all documents.
3. Papers contain corrections or errors.
4. The fact of falsification of documents was discovered.

If the structure was erected on the lands of a gardening partnership, then it is possible to register rights without a deed until 2020. However, the registration procedure has been simplified. Until 2020, only a declaration and a receipt for payment of the duty were needed. Now these documents are not enough. It is necessary to call technical engineers to determine the coordinates of the structure and draw up a technical plan.

Permission to build a house on your own plot

The construction of (individual) housing on one’s own territory presupposes its inclusion in the architectural design of the city/village. Therefore, at the first stage, you need to contact the town planning committee of the district (administration) and obtain the appropriate document that allows you to carry out such manipulations (the owner or his authorized representative must appear in person).

Planting a tree, raising a son and building a house - these simple rules, according to the older generation, are the main task of a real man. And, if everything is very clear with the first two questions, then the last one raises a number of questions: what documents need to be collected, where to apply, how to complete them correctly, etc. Therefore, we propose to devote today’s publication to the topic of construction, more specifically, obtaining permission to develop a site. During the article, we will consider two main options: papers for the construction of individual and multi-apartment buildings.

Construction permit in SNT

1. A declaration or other document that confirms ownership of the site. This could be an extract from a gardening book, or a certificate of ownership.
2. Receipt for payment of state duty for 350 rubles.
3. Applicant's passport.
4. Cadastral passport for the plot.
5. Technical plan for the building.

Permission to build a house on your own plot: how to obtain

If the owner of the site has not yet started construction, it makes sense to inquire whether there is a development plan approved by the local authorities. This document includes the permitted height of buildings, and in some cases indicates what they should be made of. Compliance with these standards is mandatory for everyone. Deviation from the plan will be regarded as a violation of the rules of the partnership or cooperative.

Please tell me if there is agricultural land on the plot for gardening in SNT to start building a house in 2020. Let’s say we put a foundation and even possibly a frame for shrinkage, but the construction is to be completed in 2020, I don’t understand what to do with the building permit and I can’t find anything. As I understand it, they won’t give it to me in 2020, but in 2020 it is already necessary. This will be a bathhouse with a guest room, the total floor area is 4*5.

Why is 1m enough for a bathhouse? Our neighbor installed a bathhouse in the 1st room, is it useless to sue him? If we are talking about SNT, how does a bathhouse differ from any other building? After all, it is still impossible to register a residential building. - NORMAL.

SNT site construction permit

Hello! The situation is this: 10 years ago, a plot of land was purchased in SNT in the Moscow region with an unfinished wooden garden house (no exterior or interior decoration, windows, doors). There is a cadastral plan of the land plot, it says “permitted use/purpose: for gardening.” The Certificate of Land Ownership states: “object of right: land plot for gardening, category of land: agricultural land”, also the area and address: SNT, account no.

• If the house is built from low-flammable materials (such as brick, metal, etc.), then the distance between objects must be at least 6 meters;
• Wooden buildings are placed at a distance of at least 15 meters;
• In mixed versions - at least 10 meters.

1. application for transfer of premises;
2. title documents for the premises being transferred (originals or notarized copies);
3. a plan of the premises being transferred with its technical description (if it is residential, a technical passport of such premises);
4. floor plan of the house in which the room being transferred is located;
5. a project for the reconstruction and (or) redevelopment of the transferred premises prepared and executed in the prescribed manner (if the reconstruction and (or) redevelopment are required to ensure the use of such premises as residential premises).

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Can a house in SNT be demolished?

Meanwhile, for each type of land on the territory of the Russian Federation there are certain restrictions for use. There are land plots on which the construction of residential buildings is strictly prohibited or limited. These include:

The new law does not oblige gardeners to demolish capital buildings if they were erected and registered before the entry into force of Federal Law No. 2020. Also, owners of plots in the DNP should not worry about the exclusion of the legal concept of “dacha” from legislative documents. Previously in the Russian Federation there were 9 forms of association of citizens owning land plots (various cooperatives, partnerships and partnerships), now there are only 2 left: SNT and ONT. This means that all other associations will be renamed, the content of the charters of organizational and legal forms will gradually change. We can say that land owners will not “feel” serious changes due to the transfer of DNT to SNT or ONT, because they will not have to make any changes to the title documents for the house and land.

Do I need permission to build a house on my own land in 2020?

1. Firstly, this is the only legal way to build a house. Everything else is self-construction. You can register ownership of the house in court, since you are the owner of the land plot and will eventually receive a formalized right of ownership. But this will be a registered ownership of the self-construction.

1. A permit is MANDATORY for obtaining land plots for individual housing construction, private household plots, and small housing construction. Since 2020, the Cadastral Chamber in a number of cases began to request permission for plots for summer cottage construction and lands for gardening.
2. It doesn’t matter whether you are building on your own land or on a rented one - you need permission.
3. Without a building permit, you will not be able to register your completed house with the cadastral register.
4. The dacha amnesty applies only to dachas.
5. It is possible to obtain a building permit for an already built house, but this will require additional effort. Read more about this here.

Also read: What documents are needed when selling a house with land

How to obtain a building permit

1. The objects of purchase and sale transactions can only be land plots that have undergone state cadastral registration. When concluding a contract, the seller must provide the buyer with all available information about the encumbrances of the land plot (if any) and restrictions on its use.
2. The following terms of the land plot purchase and sale agreement are considered invalid: - establishing the seller’s right to buy the land plot back; — limiting the disposal of the land plot by the new owner (mortgage, lease, transactions with the plot); - limiting the seller’s liability provided that third parties present property rights to this object. These conditions also apply to the conclusion of a land exchange agreement.
3. If the seller provides the buyer with false information about the encumbrances of the land plot and restrictions on its use in accordance with the permitted use, about permission to develop this land plot, about the use of neighboring land plots that have a significant impact on the use and value of the land plot being sold, about the quality of the land, which may affect the buyer’s use of the land plot, as well as other information that may influence the buyer’s decision to purchase this real estate property and the requirements for the provision of which are established by law, the buyer has the right to demand a reduction in the purchase price or termination of the purchase and sale transaction of the land plot and compensation for the damage caused to him.

Lands of settlements are territories belonging to a city, village, village. If we are talking about suburban real estate, then such lands cannot stand alone, they are always within the city limits, they are its continuation, part of it. While agricultural lands may be located tens of kilometers from “civilization”, in some remote, lonely field. True, someone may also see advantages in such solitude.

Procedure for starting construction

On August 3, 2020, amendments were made to the Town Planning Code of the Russian Federation. According to clause 1.1. Art. 17 , permission to build a house on the site is not required. Since then, new principles and procedures began to apply. Now you just need to inform the municipal authorities about the desire to build a private house. The land owner sends a notification there no later than 1 month from the start of construction work . It can be delivered to the administration in person, sent by mail or using the State Services portal, or transferred through the MFC.

As for the notification itself, on September 19, 2020, the Ministry of Construction and Housing and Communal Services of the Russian Federation approved its form. It consists of four parts.

In the first, the applicant enters his passport data and information about the developer, if this is a legal entity.

In the second part, he indicates information about the land plot:

• cadastral number;
• location;
• information about the right to it;
• permitted use.

The third section contains a description of the capital construction project. There the citizen enters:

• target;
• number of floors;
• planned height of the building;
• built-up area.

The fourth part will require a description of the object that the citizen is going to build:

• diagram “size of indentations from all boundaries of the land plot to the capital construction project”;
• description of the external appearance of an individual housing construction project or garden house.

The following documents must be provided along with the notification:

• a certified copy of the identity document of the applicant (applicant’s representative);
• power of attorney, if the Notification is submitted by a representative of the applicant;
• title documents for the land plot.

At the very end, the applicant indicates the postal address or email for communication, signs and decrypts it.

The executive authority or local government is obliged to consider the notification within seven working days. Based on the results, the administration makes a decision on approving construction or refusing it. The latter option is possible if the declared parameters of the object do not correspond to the acceptable ones. Construction work can begin when the applicant has received a notification of approval. Moreover, this document itself remains valid for the next ten years.

Do I need to obtain a permit to build a “dacha”?

However, in order to avoid misunderstandings and troubles (for example, dissatisfaction from neighbors or recognition of your construction as unauthorized), and not to worry about whether permission is required, it is better to play it safe and obtain permission from the authorized body.
Depending on the intended purpose of the site and the characteristics of the objects located at the “dacha”, several situations may arise, which we will consider further. The legislation does not contain the term “dacha”. Therefore, for convenience, I propose to use the word “dacha” to directly denote an object located on the site where you grow something.

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.

It is necessary for the construction of any large capital structure. Additionally, it must be obtained if reconstruction is carried out affecting the main parts of the structure. It must be formalized even when carrying out significant redevelopment work that affects the load-bearing structures of the house.

Russians will be required to obtain permission to build country houses

In Russia, restrictions on the height of garden and country buildings may return again, and the construction of some of them will have to obtain permits from local authorities. Such requirements are contained in the draft law “On gardening, horticulture and dacha farming,” which the government has begun to closely consider, Rossiyskaya Gazeta reports. The publication notes that we are talking about fundamental amendments affecting the interests of 60 million summer residents.

If the bill is passed, changes will come as early as 2020, with a transition period until 2027. During this period, dacha associations will have to undergo re-registration. It will not be required if we are talking about a horticultural (for gardening and dacha farming) and vegetable gardening (for gardening) partnership. At the same time, the bill classifies in detail the types of land plots and the types of buildings on them. If the project is approved, then, for example, on plots for gardening it will be possible to place only temporary buildings - sheds, cellars, sheds for storing agricultural implements and grown potatoes. It will not be possible to build capital construction projects - summer houses or bathhouses.

12 Jul 2020 stopurist 385

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