How to get permission to build a house in 2020

Documents for obtaining permission to build a house

How to obtain permission to build a house? First of all, you need to collect a package of documents. This stage is the longest. So, what papers will you need:

• Documents confirming the ownership of the site.
• Project documentation.
• Documents confirming the identity of the applicant or his representative (passport or power of attorney certified by a notary).
• Statement. You can fill it out in advance or when submitting documents to the MFC.

• an extract from the Unified State Register of Real Estate to confirm ownership of the plot;
• directly the title document.

This may be a contract of sale, gift, or rent, which confirms the transfer of ownership. Or a certificate that the land on which it is planned to build has been inherited.

The extract can be obtained from the multifunctional center or from Rosreestr. You'll have to pay for it. For individuals the cost is:

• 300 rub. for the paper version;
• 150 rub. for an extract in electronic form.

Costs vary for organizations. Ordering an extract is available not only during a personal visit, but also remotely through the Rosreestr website.

If the object planned for construction does not fall under individual housing construction, then quite a lot of documents need to be prepared:

• explanatory note;
• a site plan indicating not only the location where the facility will be located, but also the passage and access roads to it;
• diagram of the site with maximum distances from other objects marked in red lines;
• architectural design of the facility planned for construction;
• if necessary, a project for the demolition or reconstruction of a building located on the construction site;
• architectural plan of the local area;
• permission to deviate from certain parameters;
• engineering design indicating communication connection points;
• accessibility project for disabled people - necessary if social premises will be built;
• expert opinion on design documentation;
• consent of the owners of the building to carry out reconstruction, if necessary.

How to obtain permission to build an individual housing construction house? In this case, much less documents are required:

• land plot plan. You can get it at the BTI. It must be received no earlier than 3 years before the start of processing permits;
• a description of the appearance of the building if it is erected in historical places, since it must fit into the general appearance;
• plot diagram indicating the location of the house;
• conclusion of the design examination.

The conclusion can be obtained not only from a state institution; it can also be made by private organizations, but they must be accredited. Therefore, along with the expert opinion, it is necessary to take from them a certified copy of the document that confirms the current accreditation.

You can fill out a ready-made form at the multifunctional center. However, it is allowed to write the application in advance independently using the sample.

• Indication of the position and full name of the decision maker in the construction region. As a rule, this is the head of a district or subject of the Russian Federation. You can clarify this information at the MFC or on the official website of the region.
• Entering information about the applicant - full name, registration address and passport details. It is also recommended to indicate a telephone number, this will ensure quick communication if necessary.
• Specifying the title of the document. There are two permit options in the application; you need to highlight the correct one (construction).
• Indication of the necessary information - a list of work planned for carrying out, the type of building being constructed, address, required period of validity of the permit. It is also necessary to enter the details of the document confirming the applicant’s ownership of the land.
• Description of the main characteristics of the house. Among them should be the planned area of ​​the entire building, as well as individual rooms in it.
• List of documents provided along with this application.
• Signature and date.

If you fill out an application at the MFC, a specialist will enter most of the information into it. You will only need to check whether the information is entered correctly. Therefore, it is better to refuse to fill out the application yourself in favor of completing it at the place of submission of documents.

Obtaining permission to build an individual residential building

At the administration of the city or other locality to which your land plot belongs, you fill out an application in the established form, submit the necessary documentation, and make payment.

After which you become the proud owner of a permit to build a house on your own site. But let's look at each stage in more detail.

Decor

By referring to the Town Planning Code, namely Article 62, you can familiarize yourself with the requirements that determine the procedure for issuing this permit. So, the department of the local architecture and urban planning authority should prepare documentation for this.

To obtain this permission, your developer or you personally must submit for consideration by the chief architect:

• application for receiving this document;
• a resolution approved by the head of the local municipality approving this process;
• conclusion of the town planning council;
• contract for construction or contract work.

The head of the local municipality instructs the chief architect to endorse the document after careful study. Only the head of the locality can approve this document.

Thus, the validity period of this permit is 3 years, but based on the developer’s justification, it is usually extended.

Price

According to the law, this procedure is formally stated as free.

And they shouldn’t take money from you. But preparing a package of necessary documents, reference documentation, notarization of photocopies, drawing up plans and drawings entails considerable financial costs. And also the time spent on this.

As practice has shown, the preparatory process is much more dreary than the development of the project itself. If this is your first permit, in order to avoid mistakes and troubles, entrust this process to specialists either from your developer’s organization or a specialized organization that provides just such services.

Documentation

Together with the application that you wrote to obtain a permit for construction work on the construction of a house, you will be required to provide the following documentation:

• a petition from the head of the local administration;
• a notarized copy of the document confirming your right to own the land;
• cadastral documentation for the plot;
• design documentation for the house and buildings , developed by an authorized bureau or organization;
• documents permitting the connection of utilities , in technical form;
• land purchase and sale agreement or other document confirming the transfer of the land plot into your ownership;
• an act document on the removal in kind of the axes of the building and the boundary indicators of the land, which must be approved by the Ukrainian Academy of Sciences and the local administration;
• topographic survey , established scale.

In cases where there was previously a house on the land plot, but it burned down or is subject to reconstruction, either entirely or partially, the following must be added to the above documents:

• a reference document issued by the BTI on the ownership of this building;
• plan of the house and the entire plot;
• approval of the co-owners of the property (if any) in writing for this work, with mandatory notarization.

What does the administration check when receiving documents?

Before you are issued this permit, local authorities will subject it to a thorough check, coordinate and approve it. This event will be attended by not only authorized representatives of the municipality, but also public utilities and the Rospotrebnadzor department.

The issued document has its own expiration date, and it is 3 years.

Within the time allotted to you, you will need to begin construction work.

The minimum condition is the installation of load-bearing axles. But if, due to some circumstances, you need to extend its validity, you will write a corresponding statement and justify it. Based on this, this document can be extended.

Necessity

The issuance of a permit for the construction of an individual residential building is regulated by Article 51 of the Town Planning Code.

ATTENTION! A permit is a document by which regulatory authorities confirm that a project or site plan meets the requirements of the Town Planning Code.

Expert opinion

Kurtov Mikhail Sergeevich

Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.

It can be obtained from the local government administration. In some cases, you will need to contact other authorities:

• When construction is planned on a site of historical value.
• If the facility has an energy source powered by nuclear fuel.
• In case of construction of an object related to the space sphere.
• When used in the construction process of the lower layer of the earth's crust.

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In such cases, you will also need to contact authorities related to certain features of future construction.

It is the receipt of permits that will begin the process of building a new home. Such documents confirm that the design documentation meets building regulations and urban planning plans. With a permit in hand, you can begin the first stages of development without fear of inspections or questions from regulatory authorities.

Without permission, buildings can be erected on plots that are allocated for summer cottages, gardening, or gardening. You can also build a garage without this document, which will be used only for personal, non-commercial purposes. The necessary approval for construction work is issued after the State Expertise.

ATTENTION! Permits are of great importance. Each construction project must be safe and meet building codes. It should not pose a threat to the environment, life or health of people.

When approving a construction project, the inspecting authorities clarify to what extent the project meets the building and urban planning codes, the requirements of the sanitary and epidemiological service, fire safety rules, and technical supervision standards. If there are errors in the design or deviations from the required standards, permission for construction work will not be obtained.

Documents for obtaining permission to build a house

How to obtain permission to build a house? First of all, you need to collect a package of documents. This stage is the longest. So, what papers will you need:

• Documents confirming the ownership of the site.
• Project documentation.
• Documents confirming the identity of the applicant or his representative (passport or power of attorney certified by a notary).
• Statement. You can fill it out in advance or when submitting documents to the MFC.

• an extract from the Unified State Register of Real Estate to confirm ownership of the plot;
• directly the title document.

This may be a contract of sale, gift, or rent, which confirms the transfer of ownership. Or a certificate that the land on which it is planned to build has been inherited.

The extract can be obtained from the multifunctional center or from Rosreestr. You'll have to pay for it. For individuals the cost is:

• 300 rub. for the paper version;
• 150 rub. for an extract in electronic form.

Costs vary for organizations. Ordering an extract is available not only during a personal visit, but also remotely through the Rosreestr website.

If the object planned for construction does not fall under individual housing construction, then quite a lot of documents need to be prepared:

• explanatory note;
• a site plan indicating not only the location where the facility will be located, but also the passage and access roads to it;
• diagram of the site with maximum distances from other objects marked in red lines;
• architectural design of the facility planned for construction;
• if necessary, a project for the demolition or reconstruction of a building located on the construction site;
• architectural plan of the local area;
• permission to deviate from certain parameters;
• engineering design indicating communication connection points;
• accessibility project for disabled people - necessary if social premises will be built;
• expert opinion on design documentation;
• consent of the owners of the building to carry out reconstruction, if necessary.

How to obtain permission to build an individual housing construction house? In this case, much less documents are required:

• land plot plan. You can get it at the BTI. It must be received no earlier than 3 years before the start of processing permits;
• a description of the appearance of the building if it is erected in historical places, since it must fit into the general appearance;
• plot diagram indicating the location of the house;
• conclusion of the design examination.

The conclusion can be obtained not only from a state institution; it can also be made by private organizations, but they must be accredited. Therefore, along with the expert opinion, it is necessary to take from them a certified copy of the document that confirms the current accreditation.

You can fill out a ready-made form at the multifunctional center. However, it is allowed to write the application in advance independently using the sample.

• Indication of the position and full name of the decision maker in the construction region. As a rule, this is the head of a district or subject of the Russian Federation. You can clarify this information at the MFC or on the official website of the region.
• Entering information about the applicant - full name, registration address and passport details. It is also recommended to indicate a telephone number, this will ensure quick communication if necessary.
• Specifying the title of the document. There are two permit options in the application; you need to highlight the correct one (construction).
• Indication of the necessary information - a list of work planned for carrying out, the type of building being constructed, address, required period of validity of the permit. It is also necessary to enter the details of the document confirming the applicant’s ownership of the land.
• Description of the main characteristics of the house. Among them should be the planned area of ​​the entire building, as well as individual rooms in it.
• List of documents provided along with this application.
• Signature and date.

If you fill out an application at the MFC, a specialist will enter most of the information into it. You will only need to check whether the information is entered correctly. Therefore, it is better to refuse to fill out the application yourself in favor of completing it at the place of submission of documents.

Procedure for obtaining a construction permit

Procedure for obtaining a permit

is strictly regulated and begins with submitting an application to the relevant body - federal, regional or local government.

The following documents must be attached to the application:

1. A legal act of an authorized federal executive body, if its existence is provided for by law.
2. A document confirming the right of ownership of a land plot.
3. Urban development plan of the land plot (GPZU) or in the case of issuing a permit for the construction of a linear object, details of the territory planning project and the territory surveying project.
4. Materials from the project documentation:
   explanatory note;
5. a diagram of the planning organization of the land plot, made in accordance with the urban planning plan of the land plot, indicating the location of the capital construction object, the entrances and passages to it, the boundaries of the zones of public easements, archaeological heritage sites, etc.;
6. a diagram of the planning organization of the land plot, confirming the location of the linear object within the red lines approved as part of the territory planning documentation in relation to linear objects;
7. diagrams showing architectural solutions;
8. information about engineering equipment, a summary plan of engineering networks indicating the connection points of the facility;
9. project for organizing construction work;
10. approvals required by law for a construction project;
11. project for organizing work on the demolition or dismantling of capital construction projects and their parts
12. duly approved technological regulations for the management of construction waste, if any.
13. Other documents that serve as confirmation of the need for construction work.
14. Conclusion of the state examination of design documentation (applies to objects provided for in Article 49 of the Civil Code of the Russian Federation).
15. Permission to deviate from the maximum parameters of permitted construction or reconstruction (if issued to the developer in accordance with Article 40 of the Civil Code of the Russian Federation).
16. Consent of each legal owner of a capital construction project to carry out its construction and reconstruction.

In addition, the application may be accompanied by a conclusion issued based on the results of a non-state examination of the project documentation.

In accordance with Part 11 of Art. 51 of the Civil Code of the Russian Federation, the body authorized to issue construction permits, within 7 days from the date of receipt of the application, carries out the following actions:

• Checks whether all required documents are provided by the applicant.
• Detects compliance of project documentation with the conditions of the GPZU, permit, which makes it possible not to comply with the maximum parameters of permitted construction, reconstruction, and other requirements.
• Issues a construction permit or refuses to issue it with justification for the decision.

In certain cases, the developer is obliged to notify the federal or regional body authorized to carry out state construction supervision about the permission received.

Obtaining a construction permit allows you to begin issuing an Order for the right to carry out excavation work. The procedure is carried out by the technical customer or general contractor.

In what cases can a construction permit be refused?

1. If the design documentation does not comply with the parameters of the permitted use of the territory.
2. If the project contradicts established norms and rules in the construction industry.

In these cases, the authorized body may make a decision to refuse to issue a construction permit, which, meanwhile, can be appealed in court.

In what cases can you not obtain a building permit?

According to current legislation, construction work can be carried out without obtaining the appropriate permit in the following cases:

1. If the object being built or reconstructed is not a capital construction project (canopy, kiosk, etc.).
2. If during construction work the structural and other parameters of the reliability and safety of the capital construction project are not affected and the maximum parameters of permitted construction and reconstruction established by the town planning regulations are not exceeded.
3. If the objects are erected to service the construction process and are temporary (objects of auxiliary use).
4. If we are talking about construction on a plot of land that is provided for gardening, summer cottage farming, etc.).
5. In other cases established by the Town Planning Code of the Russian Federation and the legislation of the constituent entities of the Russian Federation on town planning activities.

Easy scheme

If the structure does not have more than two floors, its total area does not exceed 300 square meters, approval for the work is issued according to a simplified procedure.

Most often it is used in the construction of cottages, dachas, and country houses. And also, according to a simplified procedure, a package of documents is issued with a permit for the construction of agricultural buildings.

What is needed to obtain approval in this case?

1. We need a sketch of a future project.
2. A special construction passport is required.
3. Information about upcoming construction work is submitted to the Inspectorate.

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When not required

Permits are not required for the construction of auxiliary facilities. Also during the construction or reconstruction of real estate that is not classified as capital facilities. For example, when building a kiosk.

You can build a garage for personal use without permits.

Another type of work without approval is changing capital objects without affecting the structure. Such work should not pose a risk to the integrity of the building.

When is a building permit not required?

Situations that do not require obtaining a building permit:

1. The housing construction is located separately from other similar buildings, its height and number of storeys are not higher than three floors, and one family will live in it.
2. Construction of a home on a land plot of a dacha association , and especially if this building will not be used as off-season housing.
3. Such a document is not needed for the construction of a garage, barn, summer kitchen, bathhouse and similar auxiliary buildings. The main requirements are purely personal use, without a hint of commercial activity.
4. When reconstructing an existing house , provided that this process does not affect the load-bearing axes and structures of the building.

Reasons for refusal

Expert opinion

Kurtov Mikhail Sergeevich

Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.

Before buying a plot for construction, including individual housing construction, you need to know exactly its category and type of permitted use. It is possible that the land is not initially suitable for the purpose and a building permit will not be obtained.

Local authorities will also give a negative answer if not all documents have been collected, if the project and other technical documentation does not meet construction and other standards. The reason for the refusal must be known to the applicant.

If the applicant believes that he was denied unreasonably, he can appeal the decision in court.

Is a permit required for the construction of a non-stationary retail facility?

Situation: The client, being the owner of a land plot, decided to place a retail pavilion on it.
The type of permitted use of the site - “for the organization of trade”, allowed him to use the site for the placement of trade objects. Having begun construction of the foundation, he received an order from the local administration to stop construction work until a building permit was obtained. At the same time, a prosecutor's investigation began.

Question: Is a building permit required for the construction of a retail pavilion?

Answer: In the situation described, obtaining a construction permit was not required for the construction of the Client’s trade pavilion. Because according to its technical characteristics, the specified object is an object of non-stationary trade.

Rationale for answer: The developer’s right to construct a capital construction project is certified by a construction permit. The developer can receive such a document in the manner prescribed by Article 51 of the Town Planning Code of the Russian Federation.

However, not in all cases the law requires obtaining a construction permit. For example, part 17 of Article 51 of the Town Planning Code of the Russian Federation states that it is not necessary to obtain a construction permit for the construction of kiosks, canopies and other objects that are not capital.

Types of punishment for breaking the law

There is a list of objects the construction of which can be carried out without approval. But in other cases, you must comply with the requirements of the Town Planning Code. Any piece of real estate cannot be hidden; sooner or later the local administration and regulatory authorities will know about the erected building.

ATTENTION! Each new construction site can become a threat to the environment, the sanitary condition of the area, and represent safety for people.

Therefore, the construction design and other aspects must be carefully checked. Construction without permission will be punishable by a fine. In some cases, the court may order the demolition of the erected building.

When purchasing land for individual housing construction, the main question arises about where to get permission to build a private house on your site. Some people believe that purchasing a plot in itself is enough to start building their future home.

Is it so? Is it generally necessary to obtain a permit to build a house and, if so, in what situations? You will learn about this, as well as familiarize yourself with the list of documents that are required for the construction of a private house on your own site, in particular to obtain permission and where to actually obtain it, from this article.

Under what circumstances is a permit required to build a private house?

Permission to build a house on your own plot is a document that grants the right to build a private house on a plot of land.

Sample permit to build a house on your own plot

It is mandatory to obtain permission if your future construction will be located on land plots of the following categories:

• Individual housing construction - individual housing construction
• MZhS - low-rise housing construction
• Private subsidiary plot - personal subsidiary plot

If the land on which you plan to build your future permanent residence falls into one of the above categories, then obtaining permission is mandatory. Without it, your building will be considered illegal and may be subject to demolition. And also, subsequently you will not be able to register ownership of the constructed residential building.

If you plan to build a house on the territory of SNT, i.e. on lands for gardening and summer cottage farming, there is no obligation to obtain permission.

Another circumstance in which you should think about drawing up the above document may be:

• obtaining a loan from a bank to build your home

Not always and not every bank requires this document when applying for a loan, however, such a possibility exists. If this is your case and you plan to use borrowed funds to build your home, it is worth obtaining a building permit in advance.

Where is a permit for the construction of an individual housing construction project issued?

A permit for the construction of a residential building is within the powers of the federal executive body and local authorities.

Most often, permission to build a house on a plot is issued by the territorial bodies of Roskomnadzor at the actual location of the plot. As a rule, this responsibility rests with the administration of the district or region to which the land in question belongs. The development of a land management project falls within the competence of the committee on urban planning policy, capital construction and architecture. A permit for the construction of individual housing construction in the Moscow region is issued at the MFC at the place of residence.

To obtain a permit, you need to take into account a number of requirements for the future structure:

• the future building, which is also your future family nest, should be intended for housing only 1 family
• the structure must be three or less stories high, but the basement will not be taken into account
• When building a house, you should take into account the restrictions and encumbrances that may be indicated in your certificate of ownership of the land.

The good news is that if your house will have three or fewer floors, then you only need to obtain a building permit and you can begin building the house.

The bad news is that if you plan to build a house higher than three floors, then you will need an additional state expert opinion.

Cases of issuing a building permit

Permits for capital construction are issued in the following cases:

1. If the construction project will be built on a plot of land that is provided to the user of the subsoil to carry out work on the use of these subsoil (permission is granted by the federal administrative body responsible for the state subsoil fund).
2. If the object is a means of using atomic energy (the permit is submitted by an organization that is engaged in the use of atomic energy, as well as state management of the development, production and disposal of nuclear weapons and installations used for military purposes).
3. If the object belongs to space infrastructure (according to Article 51 of the Civil Code of the Russian Federation, permission is provided by the State Corporation for the Activities of the Space Organization "Roscosmos").
4. If the object relates to hydraulic structures of the second or first class, airports, aviation facilities, railway facilities, consulates, embassies, Russian missions abroad, defense facilities, security facilities ensuring the security of the Russian border, border facilities and others that are supposed to be built on the territory Russian continental shelf, maritime internal waters or territorial sea (permission is provided by authorized federal executive authorities).
5. If the construction or reconstruction project is located within the boundaries of a natural protected area (according to Article 51 of the Civil Code of the Russian Federation, permission is provided by the executive authority at the federal or municipal level or the level of the subject).

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List of documentation required to obtain permission

The seventh part of Article 51 of the Code indicates what documents are needed for a construction permit. This list includes:

1. Application from the developer.
2. Title documentation relating to a piece of land.
3. Urban planning plan for a plot of land.
4. Materials contained in the design documentation.
5. Explanatory note.
6. A diagram-plan of a plot of land corresponding to the urban planning plan, indicating the presence of designations of the location of the construction site, as well as all approaches, entrances to the construction and the boundaries of public zones of easements or archaeological heritage sites.
7. Land plot planning scheme confirming the placement of a linear type object within the red line approved in the territory planning documents in relation to linear type objects.
8. Image of architectural schematic solutions.
9. Information related to engineering equipment, as well as a summary plan for engineering and technical supply networks, which is characterized by the presence of points for connecting the construction site itself to these networks.
10. Design documentation for organizing the construction process in relation to the facility.
11. Project documentation relating to the organization of the process of demolition or dismantling of a construction project and its constituent parts.
12. A permitting conclusion recorded in the examination of design documentation issued by a state body, as well as an affirmative conclusion of the state environmental assessment of design documentation (under the sixth part of Article 49 of the Code).
13. A permitting document concerning deviations from the parameters of permitted construction or reconstruction work.
14. Written approval for the reconstruction of the object from all its copyright holders.

How to obtain a construction permit at the MFC

Step 1. We prepare the necessary documentation according to the list; if you have any questions, consult the toll-free hotline numbers.

Step 2. You need to make an appointment at the nearest MFC, it is best to contact the center located next to the place where the construction will take place, if for some reason a pre-registration is not available, or there is no branch nearby, come to any one and take an electronic coupon queue at the administrator.

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Step 3. Together with the employee, fill out the application; a blank form will be issued on the spot, but you can:

• form for individuals;
• form for individual entrepreneurs.

As soon as the MFC specialist accepts and checks all the documentation, he prepares an electronic file, certifies it with his special digital signature and sends it to the City Administration for review.

You receive a receipt confirming the acceptance of the documentation, using the registration number of which you can track the readiness of the construction permit.

You will receive ready-made documents in the same department; below is a sample of a construction permit in the city of St. Petersburg and the Leningrad region.

List of documents for private developers

Such persons include persons planning to build a house for a family (one), if its height does not exceed three floors. For them, the answer to the question of what documents are needed for a construction permit includes only three points:

• title documents for a plot of land (a certificate confirming the registration of rights, a document on the allocation of a land plot or another similar one);
• urban planning plan for the land plot;
• layout distribution scheme.

There is a difference where to obtain an urban planning plan for a land plot and an organizational chart. The diagram is a handwritten indication of the location of the house on the land plot, and the urban planning plan is an official document that must be taken from the administration of a given locality.

Most often, the administration issues a complete list of documents that need to be collected and submitted to formalize such a plan. The list includes technical conditions (for electricity, water and gas supply, sewerage), an up-to-date topographic survey of the land, background documentation from an organization involved in the protection of cultural heritage sites, and a house design.

At the legislative level, the solution to the question of how to obtain permission to build a country house is simplified. According to legislative norms, the developer only needs to submit an application, and all other documents must be collected by the local administration. This provision is also enshrined in the Decree issued by the Supreme Court of the Russian Federation.

The document permitting construction applies only to the land plot. He is not tied to either the owner-citizen or the owner-organization.

There is one exception to the rule for submitting documents for private developers. If a real estate property is being built to accommodate more than one family (for example, a townhouse or apartment building), the developer will have to submit a full package of documents under the seventh part of Article 51 of the Code.