What it is
According to the Town Planning Code of the Russian Federation (Article 1), the reconstruction of houses is a change in the parameters of the entire private house, apartment or individual parts thereof.
This includes height, area, volume, change in the number of floors, as well as new construction of premises attached to the house.
This process is responsible and requires preliminary preparation. Reconstruction has certain differences from redevelopment or major repairs, which are important to know. Its main distinguishing feature is the change in parameters with increasing area of the house or number of floors.
Redevelopment means changing only the internal part of a living space, while a major renovation is the restoration or replacement of outdated parts of the house, including individual parts of the load-bearing structures of the housing. Such actions can be carried out without permission to make changes to the technical plan.
ATTENTION! The main condition during reconstruction is that it is prohibited to remove or replace load-bearing structures.
Rules for calculating the area of a residential building
the volume of a building consisting of parts of the same purpose, wall material, structures of different heights with the same number of floors or with different number of floors, but assessed according to the collection according to the same assessment standard, should be determined as the sum of the volumes of the component parts;
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Underground areas for ventilation of a building designed for construction on permafrost soils, an unused attic, a technical underground, a technical attic, non-apartment utilities with vertical (in channels, shafts) and horizontal (in the interfloor space) wiring, as well as vestibules, porticos, porches, external open stairs and ramps are not included in the building area.
Permission
Reconstruction of a house requires obtaining official consent from local authorities, since changing the parameters may lead to a violation of its safety.
A permit is a special document that confirms the compliance of the project documentation with all the requirements that are controlled and established by the town planning regulations, as well as the land surveying project and the territory planning project.
Registration of this permit must be mandatory for houses located on plots with the following categories:
- Individual housing construction.
- Low-rise building.
- Personal subsidiary farming.
After contacting the relevant authorities, specialists must analyze the new reconstruction project and, if it does not violate the necessary conditions, issue a special permit.
Letter of the Ministry of Economic Development of the Russian Federation No. OG-D23-3309 dated
The area of a building (residential and non-residential) for the purposes of state cadastral registration is determined taking into account the provisions of paragraphs 2, 3, 5, 6, 8, 9 of the Requirements for determining the area of a building, structure and premises, approved by Order of the Ministry of Economic Development of Russia dated March 1, 2020 No. 90 (hereinafter referred to as Requirements No. 90), according to which the area occupied by partitions is taken into account in the area of the floor, and, accordingly, in the area of the building (residential and non-residential).
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In accordance with the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation dated June 5, 2008 No. 437 (hereinafter referred to as the Regulations), the Ministry of Economic Development of Russia is a federal executive body responsible for developing state policy and legal regulation in areas related to his areas of activity. According to the Regulations, the Ministry of Economic Development of Russia is not vested with the authority to officially explain the legislation of the Russian Federation, as well as the practice of its application.
Required documents
To obtain permission, you must contact the architectural department or the local administration with an application. You must also provide the following documents:
- A copy of the applicant's civil passport.
- Title documents for the plot and house.
- Technical plan together with a cadastral passport from the BTI.
- An extract taken from the house register, which should contain information about the number of registered people, as well as their consent to the reconstruction.
- Project of architectural solutions.
- If necessary, topographic analysis of the territory.
This list of documents is not final and may vary depending on the subject . Documentation is reviewed within one month.
ATTENTION! If the reconstruction process can affect the strength characteristics of the house, then it is advisable to involve an organization that has SRO approval.
Reconstruction of a house under the dacha amnesty
Advice from lawyers:
1. Can I register the reconstruction of a private residential building under the dacha amnesty?
1.1. The dacha amnesty does not imply the possibility of obtaining a simplified procedure for the reconstruction of residential buildings. Under the dacha amnesty, you can only submit a declaration about the presence (!) of an officially unregistered residential building on the land plot.
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2. We have built a house on the lands of St. The house was legalized in 2020. Now we have added an extension of 70 sq.m. to it. Can we legalize the extension under the dacha amnesty, with an increase in the total area of the house and an increase in the building footprint as a reconstruction. Without receiving notification? Allah.
2.1. The issue is very controversial. Contact us in PM with documents.
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3. THE NEIGHBOR IN THE Cottage BOUGHT THE LAND. THE PLOT ON WHICH WAS THE BARN, WITH AN AREA OF ABOUT 5 SQ.M, WAS MADE FROM UNPLANED DIFFERENT BOARDS.. 2 YEARS LATER HE BUILT A 2-STORY HOUSE ON HIS PLOT, SETTING 40 CM FROM THE FENCE BETWEEN OUR PLOT. I DID NOT RECEIVE PERMISSION TO BUILD A HOUSE IN ARCHITECTURE, AND HAVING THE NECESSARY PEOPLE, I LEGITIZED THE BUILT HOUSE UNDER A COUNTRY AMNESTY UNDER THE PREGNANCY OF RECONSTRUCTION OF AN EXISTING BARN WITH THE LETTER “A”, WHICH THE LETTER “A” MEANS. And what CAN YOU ADVICE me.
3.1. Of course, the neighbor should have asked your permission to build a residential building at a distance of less than three meters from the boundary line. Accordingly, you have the right to file a claim in court for the demolition of this residential building.
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4. We bought a residential building in SNT. We want to increase the area of the house. Is it possible to register it under the dacha amnesty after reconstruction?
4.1. Good afternoon. Federal Law of July 13, 2020 N 218-FZ “On state registration of real estate” (as amended and supplemented) Article 70. Features of state cadastral registration and state registration of rights to real estate in certain cases 12. Until March 1, 2021, it is allowed implementation of state cadastral registration and (or) state registration of rights to a residential or garden house created on a land plot intended for gardening by citizens, based only on a technical plan and a title document for the land plot, if the applicant’s right is not registered in the Unified State Register of Real Estate to the land plot on which the specified property is located. In this case, information about the relevant property, with the exception of information about its area and location on the land plot, is indicated in the technical plan on the basis of project documentation (if any) or the declaration specified in Part 11 of Article 24 of this Federal Law. In this case, the presence of a notice of the planned construction or reconstruction of an individual housing construction project or a garden house, a notification of the completion of construction or reconstruction of an individual housing construction project or a garden house is not required. State cadastral registration and (or) state registration of rights to a residential or garden house in the case established by this part are carried out regardless of compliance with the requirements established by Part 2 of Article 23 of the Federal Law of July 29, 2020 N 217-FZ “On Gardening by Citizens” and gardening for one’s own needs and on introducing amendments to certain legislative acts of the Russian Federation.”
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5. My house in DNT was legalized in 2012 under a simplified scheme (dacha amnesty) without a building permit—there is state registration. Now I need to get an inspection certificate for the reconstruction of this house in 2012, but the administration says this is impossible, because there is no building permit. Some kind of vicious circle. The house is legalized. Is their refusal justified? Thank you.
5.1. Hello! If you didn’t take permission, then what should you inspect? When commissioning a facility, the compliance of what is in the permit with the actual construction is checked. Write that the house is legalized, that is, the right is registered according to the declaration, therefore the refusal was quite lawful. For what purposes do you need it?
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6. On changing the law on dacha amnesty. I can register a house in a rural area without going to court. My parents converted the outbuilding into a residential building, but they did not complete the documents for reconstruction. When they applied in 2020 to register the house, they were kicked out by officials everywhere. And now they say that this house was built illegally. In 2019, in August, there was an amendment to the law on dacha amnesty, Article 13. A question regarding the related law on dacha amnesty can be submitted before?
6.1. Good afternoon The simplified procedure applies only to residential buildings located on garden plots. On plots for individual housing construction, houses are registered either on the basis of a building permit or on the basis of a notification. A simplified procedure (“dacha amnesty”) for houses on individual housing construction plots was in effect from 2006 to 2020. Best wishes!
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7. After her husband, who died 15 years ago, she actually inherited the house and land. The land was registered legally, but the house was not, because... My husband at one time made a reconstruction to increase the area. Question: is it possible to legalize a house under a dacha amnesty, provided that it is extended until 2020?
7.1. Hello, Vera. Yes, if they extend it, then it’s possible. However, even if the “dacha amnesty” is not extended, it will be possible to carry out the procedure for registering a house in the general manner.
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8. The question is the following: a house was built on a plot for gardening, according to the dacha amnesty, the house is residential, there is a certificate for the land and the house, respectively, we want to reconstruct the house in order to increase the living space, in architecture they say that we can refuse permission due to non-compliance with the standards construction for individual housing construction because with the new law, such houses built on such lands are equated to individual housing construction; if they refuse, then only through the court can you obtain permission for reconstruction?
8.1. Good morning. You need to work in stages. First, submit an application for a reconstruction permit and, having received a refusal, analyze it to understand the possibility of challenging it in court.
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8.2. Good afternoon If you are located on the territory of SNT, then a construction permit is not needed, you just need to send notifications about the planned reconstruction and its completion. Look at the new edition of the article. 51.1 and clause 16 of Art. 55 of the Town Planning Code of the Russian Federation. Also watch the presentation here https://www.a-borisova.ru/New-about-SNT/
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9. Is it necessary to obtain permits for the reconstruction of a country house, legalized under the country amnesty in SNT.
9.1. Good afternoon No, now it is not necessary, it is enough to notify the municipal administration about this.
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10. We bought an apartment in a 2-apartment block house in 2001. We made a reconstruction, demolished the wooden veranda and built a warm extension. To legitimize the reconstruction under the dacha amnesty, they turned to architecture. But they said that this does not fall under this law. Owned land. Now we need to collect a bunch of documents to obtain permission for reconstruction. Each document costs from 10 to 15 thousand rubles and every official kicks us for the next certificate. What should we do?
10.1. Hello, you need to get a refusal from the architecture and go to court to recognize the right of ownership under Article 222 of the Civil Code of the Russian Federation. I wish you good luck and all the best!
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11. Land plot in shared ownership. Detached residential buildings on this land. student - NOT in shared ownership. I added an attic floor to my house 4 years ago without obtaining permission for reconstruction. The neighbors who share the land are against my superstructure (out of envy), they did not and do not give their consent. Under the dacha amnesty, can I legalize my attic before March 1, 2020 under such circumstances, or only through the court?
11.1. Good day! You can legalize it through the court, such questions often arise with neighbors, the main thing is that there is a minimum distance of 1 meter from the boundary and other households, go to your administration and talk to the architect.
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11.2. It is necessary to file a claim for recognition of ownership of the reconstructed object. The architect is unlikely to advise anything else, because... there was no prior agreement. If you do not demand a change in shares, the neighbors usually do not object too much. If you need help, call
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12. Land for individual housing construction, the house is decorated, we want to build an extension. The SNT passage passes nearby and the turn is rounded, so the fence also stands in a semicircle and at one point there will be 1 m to the extension. How can we arrange everything easier? If we take permission for reconstruction, then the building area will be smaller than what we want to build on. Maybe under a dacha amnesty?
12.1. Good afternoon Yes, in your case it will be easier under the dacha amnesty than to obtain permission for reconstruction. With respect to you, Evgeniy Pavlovich Filatov.
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12.2. Hello Svetlana. If your land category is individual housing construction, not gardening, then do not apply for the dacha amnesty; You need to get an official building permit. It’s not scary that the fence is 1 meter away; the minimum dimensions now include 0.5 m from the boundary/fence. If there are no neighbors behind the fence, there is a SNA road, to be on the safe side, you can agree on your minimum setback with the SNA board. Good luck to you!
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13. Is the dacha amnesty in effect now? Do I now need to obtain permission to reconstruct a house or permission to build a new house within the boundaries of a populated area? Is it possible now to register a house on the lands of private household plots (individual housing construction) as a property on the lands of private household plots or individual housing construction under the dacha amnesty?
13.1. Good day. Dear Andrey, the dacha amnesty is already over, now all problems can only be solved by going to court. You can arrange it. All the best, good luck to you.
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13.2. Dear Andrey Korolev! Currently, the law “On Dacha Amnesty” has been extended until March 1, 2020. But at the same time, for the reconstruction of a residential building, it is necessary to obtain a permit from the Administration of the municipality (Article 51 of the Civil Code of the Russian Federation). Good luck to you Vladimir Nikolaevich Ufa 04/05/2017
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14. House 1/2 was inherited. The land was registered as property. A two-story house was added to this house. The house has been reconstructed. The site is located in the city center. Can we register the outbuilding under the dacha amnesty?
14.1. Hello Lyudmila! You need to order a new cadastral passport and technical plan for your home, and then submit information to Rosreestr.
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15. There is a house in 1/2 shared ownership. We want to do a reconstruction (extension and attic floor). Do I need neighbors' permission? It all comes down to the fact that the neighbors have died and no one lives in the second half of the house. Is it possible to arrange such a reconstruction under the dacha amnesty?
15.1. The consent of the second owner is required. If the owner dies, you must first register the house for the heirs. If there are no heirs, then this is escheatable property and then permission from the municipality is required. Basically, you have a big problem.
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16. I wanted to take advantage of compensation for the reconstruction of a house from maternity capital. But the refusal came because the documents required an act of inspection of the work, but it was not issued due to the fact that the house was registered under a dacha amnesty (the reconstruction was carried out without a reconstruction permit). Is it possible to achieve something through the court. because documents are available both before reconstruction and after reconstruction, where it is clear that the area has increased, the first right of ownership is 45 square meters, and the second is 75, drawings from the BTI and so on.
16.1. Hello. You first need to legalize all reconstruction and redevelopment in court. And only then can you apply for compensation.
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17. There is a registered plot of land with the category of private household plots. The property is a house built in 1922. In 2011, when we tried to register, we were denied because In the cadastral passport for the house there is a note “there is no permission for the reconstruction of the terrace and the construction of a cold extension.” Can we register a house under the dacha amnesty without obtaining permission for reconstruction and construction? Thank you.
17.1. The dacha amnesty applies to newly erected buildings. You need to go to court and prove that the reconstruction does not threaten life and was built in compliance with technical regulations. normal
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18. We have permission to reconstruct the house and we are finishing it. What are our next steps and will it be possible to legalize it under the dacha amnesty?
18.1. Good afternoon If you have a permit for reconstruction, and the work was carried out in accordance with this permit, then you need to contact the authority that issued the permit to accept the facility after reconstruction and obtain permission to put the facility into operation. After receiving permission to enter, you will be able to register ownership of the reconstructed property.
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19. I wanted to use swear words in my situation. capital to receive compensation for the reconstruction of the house. The PF is refused because there is no certificate of inspection of the work. But in Kaska they don’t give it to me since the house is registered under a dacha amnesty (without a building permit). Can’t the commission leave Kaska and check the site. Help, I will be very grateful.
19.1. Yes, you can apply to draw up a hidden work certificate (inspection certificate) to any organization that has permission to do this type of work.
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20. Three years ago we began the reconstruction of a house on a plot of land that we own. They did not take permission for the reconstruction because they wanted to take advantage of the “dacha amnesty” law, which was extended until 2020. But they say that on October 10, a law came into force, according to which now I cannot take advantage of the dacha amnesty and in order to register the house, a reconstruction permit is required, which we do not have. What should I do?
20.1. But they say
On October 10, a law came into force according to which I now cannot take advantage of the dacha amnesty and a reconstruction permit is required to register the house, which we do not have. What should I do? 1. “they say” - you can’t get to the point. 2. Make a written request to the district administration within a month and receive an answer. 3.Next, follow the answer received or challenge it after consultation with a lawyer. You will legitimize the reconstruction in court.
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I am building a house on the site of the old registered one, the house is 1 meter from the red line.
I purchased a garden house as a property, non-residential purpose. A plot for gardening is also on the property.
We reconstructed the house without a reconstruction permit, but received ownership of it under the Dacha Amnesty law.
The house was received as a gift in 2008. In 2013 it was completed, gas was installed, and the land was purchased through privatization.
We are planning to build a residential extension to a private house. Owned land,
A house in the village was purchased under a sales contract in 1990, there is a technical passport for the house from the 1980s and a state registration certificate.
How can we get maternity capital funds for the reconstruction of a house if we don’t have permits?
I am planning the reconstruction of a private house (completing the second floor). There is a certificate of ownership of the land and house.
My house and plot were registered under the dacha amnesty, now I want to carry out reconstruction with an increase in living space and attract financial capital..
I inherited 1/2 of the house, the land was registered under the dacha amnesty,
In 2011, a plot of land was purchased for private housing, in the same year a house was built and registered under the dacha amnesty as an unfinished residential property.
Getting approval
In order to obtain permission to reconstruct a residential building, you will need to perform certain actions:
- The first step is to contact the BTI. This is necessary to obtain all technical documentation and a copy of the cadastral plan for the house.
- The received documentation, together with the completed application, is submitted to the department of architecture and urban planning.
- A day is set for a specialist to arrive to draw up a professional project, which consists of a sketch of the planned reconstruction.
- After submitting all documents and making a positive decision, it is necessary to obtain permission signed by the chief architect of the district.
- Then you will need to contact the SES and the Ministry of Emergency Situations, and if external communications are affected, then you must obtain the consent of the utility services.
The developed project must comply with all sanitary and technical rules. It is also necessary to comply with the requirements of the fire inspection.
You can proceed with independent reconstruction only if the superstructure and extension are no more than 10 square meters. m. In other cases, the procedure must be performed by a specialist who is licensed to carry out these activities.
Upon completion of the procedure, the house is accepted by a special commission. It checks the compliance of the actions performed with the project on the basis of which the permit was issued.
The next step will be to issue a new technical passport, as well as register the changes made in Rosreestr. How to legitimize changes? For this you will need:
- Submit an application to the government agency.
- Documents establishing the right to land and house.
- Extract from the Unified State Register of Real Estate.
- Applicant's passport.
- Permission to carry out reconstruction.
- Certificate of acceptance of completed work.
- Payment document confirming payment of state duty.
If all documents are in order, then appropriate changes are made, and as soon as the procedure is completed, all documentation is returned along with a new extract.
IMPORTANT! The issued reconstruction permit has a limited validity period - 10 years from the date of its receipt.
If no reconstruction was carried out during this period, it can be extended. To do this, you must contact local authorities with an application, but no later than two months before the end of this period. Otherwise, you will have to re-apply for permission.
How to Calculate the Area of a Residential Building for a Technical Plan in 2020
Today, various real estate transactions are very popular in our country. When buying or selling an apartment, every person is faced with two concepts - main and living space. Most believe that they are the same thing, but in fact the terms have completely different meanings. It’s quite difficult to figure them out on your own, so in most cases people turn to qualified specialists. However, this is not at all necessary. Let's take a closer look at what is included in the living space of a house and how to correctly calculate it.
Knowing the specific living space will be useful when you need to calculate the cost of utility bills. This is a common everyday situation, but nevertheless it is extremely important. After all, if you don’t pay utility bills or calculate them incorrectly, problems with the law will arise.
Additional floor
If the construction of an additional floor is planned, the status of the house changes. All changes that occur must be indicated in the cadastral and technical documentation for this house.
If the house has a high roof, then the attic is often converted into an attic. In this case, the premises acquire residential status. Permission to build a new floor is determined based on the following points:
- The structure of the soil on the land plot.
- Is the construction of a taller building allowed according to urban planning standards?
- Qualitative and technical characteristics of the entire building.
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.
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At the expense of maternity capital
Mostly, owners of private housing carry out reconstruction at the expense of personal funds. However, some families have the opportunity to carry out this procedure with the help of maternity capital if they have a certificate. The decision on this issue must be made by the Pension Fund. Necessary actions:
- Drawing up an application to the Pension Fund of the Russian Federation.
- Providing documents for house restructuring together with a state-issued certificate.
If the Pension Fund makes a positive decision, the funds are transferred in several stages:
- First, an amount of no more than half of the unspent funds is transferred, which can be withdrawn within two months from the moment a positive decision was made on the application.
- The remaining amount is transferred 6 months after the first transfer. In this case, you will have to document the fact of carrying out work related to the reconstruction of a private house.
