Application for Permission to Construction of an Individual Residential Building

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In what cases is permission needed and in what cases not?

Building a house is not only a matter of material costs, but also a waste of time collecting and preparing papers. In Russia, to erect a residential building, you must obtain a special permit. To do this, the owner collects documents and submits them to the town planning agency of his city.

Before building a residential building, it is necessary to agree on all the nuances. First of all, the rule was approved by the Town Planning Code of the Russian Federation. Without permission, any building is considered an unauthorized construction.

In some cases, the owner will have to demolish it without being reimbursed for construction costs. It is important to note that in some cases obtaining permission will not be necessary.

Please note! These include:

buildings and structures that are not capital construction projects. These include kiosks, mini-stalls, market sheds, sheds and the like;
objects that are built for a short period of time, for example, a trailer for workers to live;
construction projects erected for the purpose of major repairs. These include structures in which tools, machines, equipment are stored, as well as houses for workers to live;
houses, buildings erected on a summer cottage. If the building is not intended for permanent residence, it can be equated to this type of real estate.
buildings and structures that, in accordance with the Town Planning Code and certain regulations, are not recognized as residential.

Subsidy for the construction of residential buildings in rural areas.

Read here how to rent land from the city administration.

How to register a house on an individual housing construction site, read the link:

In other cases, it is necessary to obtain permission to construct a residential building, shopping center, or industrial building.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

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

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.

According to the above-mentioned document, the issuance of permission to build a house on one’s own plot is carried out by local government bodies on issues of urban planning activities of the area in which the given land plot for the planned construction is located.

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Who issues a building permit

The rules for obtaining a construction permit are regulated by the Town Planning Code of the Russian Federation. Article 51 of the Civil Code of the Russian Federation implies a list of organizations authorized to draw up a document. However, this is not one company, it is a whole complex of institutions.

Important! It all depends on what type of building you want to erect on your site:

Ministry of Resources, Ecology - when constructing a building on a site using the subsoil of the earth;
FS for nuclear, environmental, technological supervision - during the construction of a building using nuclear energy;
an institution for the protection of cultural monuments and important historical buildings - when constructing a building on a historical site;
Roscosmos State Corporation for Space Activities - during the construction of a structure intended for space.

The permit is issued at the location of the construction site. In the regions there are different types of institutions authorized to issue permits.

When constructing a residential building, they contact the Capital Construction Organization, the Urban Planning Company, as well as the local administration.

Main part ("body" of the document)

The following information is indicated here (in order of display):

Date (top left). The day on which the authorized body issued the permit to the applicant is recorded.
Number (top right). This column contains the number of the permit for construction work. It is assigned by the authority that issued the permit, and the structure of the number consists of four elements. Conventionally - ABCD. Each letter has its own meaning. For example, A is the number of the subject of the Russian Federation where construction work is planned. If the structure will be located on the territory of 2 or more entities, the number “00” will be entered. “B” is the registration number that the municipality has received, and on the territory of which construction work is planned. If the object is located on 2 or more formations, “000” is written. “C” is the third number, which represents the permit number. It is determined by the authority that directly issues this paper. “D” is the year the building permit was issued. Elements are separated from each other by a sign, and the numbers have an Arabic appearance. If we are talking about government authorities, and also have a relationship with a nuclear energy corporation, a conditional number is written at the end (determined by the mentioned structure independently).
The name of the authority (federal, subject, local) that issued the construction permit.

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Next comes the inscription that, taking into account Article 51 of the Civil Code of the Russian Federation, the issued document allows:

Construction or reconstruction of capital construction objects, construction (reconstruction) of a linear structure or a capital construction object that is part of it. When issuing permits, only one type of work for which the permit is valid is specified.
The name of the capital construction project, taking into account the completed project. Below is the name of the company that assessed the project documentation and issued a positive conclusion (in some cases, the details of the order approving a positive decision on environmental expert assessment are written down). Even lower is the number and day of provision of the positive conclusion of the project, as well as details of the order for approval of the mentioned document. In the latter case there is an important nuance. If approval documentation is issued for facilities in the field of nuclear energy, in addition, information (number and date) of the license for the right to perform work in the field of nuclear energy is prescribed.
Cadastral number of the land plot within the boundaries of which the construction of a capital construction structure is located or is planned. The number of the cadastral quarter within the boundaries of which the capital construction project is planned to be located is also indicated. The information mentioned above (in paragraph 3) may not be indicated if it is planned to erect a linear structure.

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The cadastral number of the capital construction object being restored is also indicated.

Data about GPZU. The day of issue of the urban planning plan, the document number, as well as the name of the structure that provided this documentation are indicated. There is no need to fill in if the construction of linear objects is planned (except for cases stipulated by the legislation of the Russian Federation).
Information about the planning project and the site surveying project. Filling in this field is mandatory if we are talking about working with linear objects. The date and number of the decision approving the land surveying and planning projects are indicated. The person who made this decision is also listed here.
Information about the project for the construction (reconstruction) of a capital structure, as well as when preserving the facility, when important characteristics regarding the safety and reliability of the structure are affected. In this column you must indicate who developed the project and when (paper details, project name).
Brief information regarding restoration and construction work, as well as cultural heritage sites (not all columns are filled in for linear structures).

The name of the capital construction object, which is part of the property complex (taking into account the information in the project). Information in this column is entered if we are talking about the construction of a complex object.

Next, the main characteristics are indicated - the area and volume of the building, the number of storeys, the number of floors underground, the building area and the site (including the basement), height, spaciousness, as well as other indicators. Other parameters include characteristics that are useful when conducting cadastral registration of a structure.

The address of the structure that is planned for construction or restoration. As a rule, the real address or parameters are indicated taking into account the state address register. If we are talking about linear objects, the location is indicated in the form of the names of the subject of the Russian Federation and local entities.
Brief characteristics of the design documentation for a linear facility (category, length, power, type, as well as a list of structural elements). Other indicators are also indicated here (if required for cadastral registration).

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Document footer

1The last part of the building permit form is the basement, which indicates:

The validity period of the permit in the format until what date and in accordance with what document it was issued. The basis can be project documentation, as well as a regulatory act (day of issue, number, article).
The position of the person who issued the permit, his signature and transcript.
Date of issue and place of printing.
Renewal of permit. Information in this column is entered if the permitting documentation is extended. During the initial issuance, no information is entered.
The position of the person who issued the construction permit, signature and its transcript.
Date and stamp.

What options are available for obtaining a document?

There are several available ways to submit documents to obtain permission to construct a building.

These primarily include:

official website of the Moscow State Construction, Mosgosstroy for the construction of buildings in Moscow and the Moscow region;
via the Internet on the mos.ru portal for the construction of buildings in Moscow and the region;
via the Internet on the State Services portal;
personally through the territorial multifunctional center;
in person at the local administration;
in person at the town planning office.

After approval and verification of the documentation, the issuance of the permit itself takes no more than ten days.

What documents will be needed in general?

The Town Planning Code of the Russian Federation describes a complete list of documents that must be prepared to obtain a permit. You can familiarize yourself with them in Article 51 of the Civil Code of the Russian Federation.

Please note! The package of papers includes:

application for permission to erect a building;
papers confirming ownership of the land plot on which the building is planned to be erected;
land plan (owners receive it when registering ownership; if the plot is rented, request a plan from the owner);
plan of the building to be built;
explanatory note to the plan of the building being constructed;
a detailed layout of the construction site, including entrances, approaches and fire exits (additionally, nearby buildings are included, and they describe what type of construction they belong to);
paper confirming the correct location of the building;
a document that reflects the complete architectural solution for the planned building;
paper confirming the equipment of the building with utility networks (electricity, heating, gas supply, drainage);
a project that reflects a detailed construction plan indicating the deadline for the completion of a specific part of the building;
plan for demolition, restoration, dismantling of buildings located on a site intended for capital construction;
expert opinion (it is obtained from the territorial urban planning complex; it is important that it be positive);
if possible, it is necessary to obtain permission for reconstruction, dismantling, modification of existing real estate;
consent from the owner of the land plot for the construction of the building, as well as consent from each shareholder of the land.

After preparing the documentation, it is provided at the place where the permit was obtained. Review and verification will take no more than ten days. You will then receive a decision in writing.

ATTENTION! View a completed sample application for a building permit:

Obtaining permission to build a private house

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.

The regulations in urban planning determine the compliance of the rules for land use and development in a certain territory: the type of permitted use of the land plot;
boundary indicators of the size of the plot;
boundary parameters of permitted construction work;
the minimum value of the setback from the site boundary;
minimum indicator of mandatory green areas;
restrictions on use or construction.

Red line or lines - the boundaries of the fence separating your land from the road and street. This is how a residential building should be built:

at least 5 meters from the street line;

at least 3 meters from the passage;

other buildings from all lines - 5 meters.

To build individual housing, the land plot must have the following permission for use:

individual housing construction,

Private household plots with a similar right.

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List of documents for a private developer

A private developer is a person who plans to build a residential building intended for occupancy of only one family. It is important that the building is no higher than three floors.

To obtain permission for such a developer, you will need to provide only three mandatory papers:

documents that give the right to erect a building on a given land plot (registration certificate, certificate from the Unified State Register of Real Estate, purchase and sale agreement, gratuitous use agreement, lease agreement);
a plan of the land plot with a detailed description of the infrastructure of nearby buildings;
plan diagram of a house that is planned to be built on a plot of land.

The house plan necessarily includes the location of the future house, indicating the entrances, entrances, and exits.

The urban planning plan is obtained from the local administration or another institution authorized to issue such a document.

To obtain it you will need to prepare a lot of additional papers.

Remember! First of all, these include:

conditions for connecting electricity, water supply, sewerage, gas supply, etc.;
documents confirming topographic survey;
a paper confirming the absence of a land plot in the list of protected objects, for example, if it does not belong to a historical monument;
project of the future building.

However, the Town Planning Code states that a citizen is not required to submit the above documents. Employees of the authorized body are trying to protect themselves and protect themselves from unnecessary work. But, unfortunately, it will not be possible to obtain an urban planning plan without collecting a package of papers.

The permit is issued not to a citizen of the Russian Federation, but specifically to a land plot. The document implies consent to carry out capital construction work by any person.

However, to obtain permission to build a house intended for the construction of a large, multi-story building, the procedure is completely different. More papers need to be collected.

Application for a permit to build an individual residential building

Applicant_______________________________________________________________ (Last name, first name, patronymic of the citizen) _________________________________________________________________________ (name of identity document, series, number, by whom and when issued)

I request to issue a permit for the construction (reconstruction, major repairs) of an individual residential building on a land plot at the address: _____________________________________________________________________ (full address of the individual residential building planned for construction (reconstruction, major repairs) indicating the subject of the Russian Federation, _______________________________________________________________________________ administrative district, etc. . or construction address) A plot of land offered for construction, reconstruction, major repairs of an individual residential building, with an area of ________ sq. m. m belongs to the applicant on the right of __________________________________________ ownership, lease, perpetual use, etc. Brief design characteristics of an individual residential building planned for construction (reconstruction, major repairs).

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Deadline for issuing permits for construction of buildings

Article 51 of the Town Planning Code of the Russian Federation states that when submitting papers to obtain a permit for the capital construction of a residential building intended for one family, review of documents and preparation of a certificate takes no more than 7 calendar days.

However, if a house is being built on a plot of land related to the history of the state, the time frame for issuing a permit increases to 30 calendar days. The same rule applies to construction projects erected in other protected areas.

Watch the video. How to obtain permission to build a residential building:

Validity period of the permit according to the law

The building permit is valid for ten years. The countdown begins from the date specified in the document.

Important! The developer is obliged to build and put into operation a residential building within ten years. It doesn’t matter who will carry out the development, the main thing is that during this time a new property appears on the site, registered in accordance with all the rules.

Important! If after ten years the building is erected but not registered, it will have to be demolished.

How to fill out a building permit - instructions

The main document that the authorized bodies are guided by is the Instruction dated November 24, 2005. It discusses the rules for obtaining a construction permit and putting a structure into operation. Despite periodic revisions of the document, the general rules remain unchanged. When filling out the paper, indicate the following information:

Addressee (to whom the document was issued)

If the applicant is an individual, the full name of the person who applied for a construction permit is indicated. In the case of legal entities, the name of the company is written down (taking into account the requirements of the Civil Code of the Russian Federation, Article 54).

Document Number

The permit is assigned a specific number, which consists of two components (written as follows - XY). The number is assigned by the authority that issues the permit. The first part "X" indicates the registration number of the local authority, and "Y" the number of the building permit (determined by the structure issuing the document). For convenience, the two components of the number are separated by a dash, and the designation includes only Arabic numerals.

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Name of the authorized body that issued the permit

This line is filled out taking into account the land plot on which the construction is being carried out, as well as the type of structure. If the plot is in federal ownership and is not subject to urban planning regulations, the federal (state) authority that filled out the construction permit is indicated in the specified column.

If the owner of the land plot is a municipal authority (subject of the Russian Federation), the permitting documentation specifies the name of the executive power structure operating at the regional level. Relevant provided that no urban planning regulations have been established for the site.

In a situation where the land plot on which the construction of an object is planned is located in the zone of influence of local authorities, the city (local) self-government body is prescribed in the construction permit (provided that town planning regulations have not been established for the plot).

If the case is individual and does not fit the specified options, a local government agency is designated to fill out and issue a building permit. In this case, the form of ownership of the object does not matter.

Type of permitted construction

The permitting documentation indicates the type of work that is performed on the basis of the received paper. Here you need to leave a suitable option - major repairs, restoration or construction of a new building. Unnecessary words are crossed out.

Capital construction object

This column indicates basic information about the future facility, namely the name of the structure taking into account the developer’s (customer’s) project, some indicators of the design documentation, and the area of the future structure. When filling out the column, the number of storeys of the object, the size of the occupied area, and the construction volume are indicated (the part of the building located underground is also taken into account here). There should be other information here:

Number of seats, productivity or power.
The specific price of one “square” of construction (restoration, major repairs) in the presence of funding from the budget.
Capital construction estimate. The exact costs are indicated here, taking into account information from the estimate documentation.
The number of object startup queues (if necessary).

See also: Permitting documentation in construction: what is included in the IRD?

If we are talking about the construction of an object classified as linear, the capacity of the structure is indicated, as well as the total length. If the use of nuclear energy is planned during the work, information about the license to conduct such activities is prescribed.

Description of the stage of construction (rehabilitation) work

The section is completed if the applicant receives permission to implement a certain stage. In this case, the name of the stage is written down, as well as its description.

Location by address

In this column of the construction permit the name of the subject of the Russian Federation (village, municipal region, urban district) is written. More precise information is also entered, namely the street where construction (reconstruction) of the structure is planned, the name of the lane and avenue. If the capital construction project does not yet have an exact address (for example, it has not yet been issued), the structure receives a temporary address (for the period of planned activities).

Validity

One of the key parameters of a document is the validity period for which it is issued. As a rule, the construction period of the object is indicated in the column, taking into account the design documentation. The date, month and year are indicated. In the first and last cases, numbers are written, and in the second, words are written. If we are talking about the construction of an individual housing construction project, the column is filled in with a fixed term - 10 years.

Other parameters

At the last stage of filling out a construction permit, the following is indicated:

The position of the person (employee) who issues permits. The date when the necessary parameters are entered into the form is recorded.
Signature. An employee of the authorized body signs the document with his own hand. Without this, the paper has no force.
Decoding. The employee's full name is indicated next to the signature.
Extension of validity. The column is filled in if the building permit is extended due to the impossibility of delivering the object within a 10-year period (for individual housing construction) or within the period specified in the project (for other buildings). The column indicates the period for which the permitting documentation is extended.
The stamp of the authority that authorizes the start of construction (reconstruction) work.

See also: Application for commissioning of a facility: what needs to be indicated in the document

How to extend the validity period of a document

If you do not have time to build a house and properly register it within the prescribed period, there is a procedure for extending the deadline.

For this you will need:

2 months before the end of the main permit, submit an application to extend the construction period;
provide paper that confirms the start of construction of the house.

However, extension of the deadline may be refused. This applies to those areas where nothing has been built, reconstructed, dismantled, etc. for ten years.

If construction occurs with the distribution of shares, you will need to submit an additional document, which is an order from the bank. It indicates the fulfillment of the developer’s obligations in relation to construction participants.

Documents for building a house on an individual housing construction plot

But if a controversial situation arises (for example, a neighbor thinks that your garage is built too close to his fence) and you go to court, everything will be checked and if there are violations, you may be required to demolish the “wrong” building.

A standard sample purchase and sale agreement can be found on the Internet, you can fill it out yourself and, with the completed document, come to the Registration Chamber to register ownership of the land plot for individual housing construction.

05 Aug 2020 lawurist7 147

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What to do if your application is refused

If, after collecting a bunch of papers and doing the work, you are refused a permit to build a residential building, do not despair. The main thing is to find out the reasons why the commission made a negative decision.

Attention! They can be found in the response sent in writing. If no links exist, the refusal is considered unfounded. It is being refuted in court.

If the shortcomings are described, they are eliminated, then the documents are submitted again for a permit.

If you have to go to court, you should file a claim that must contain the following information:

full name of the court, its address;
last name, first name, patronymic, contact details of the applicant;
name of the organization that made the negative decision;
description of the problem;
the requirement to understand the legality of the body’s actions;
list of attached documents (passport, copy of refusal, etc.);
date of filing the claim and personal signature of the applicant.

The claim will be considered within thirty days from the date of registration. Participants are notified in writing of the time and place of consideration.

ATTENTION! Look at the completed sample claim for invalidation of a decision to refuse to issue a construction permit:

Permission to build an individual residential building in 2020

Most often, the issuance of permits for the construction of an individual country house is carried out by the local government body to which the land plot being used belongs at its location. As a rule, such a body is the administration of the municipal district.

But the above rules only apply if you do not intend to make transactions with unfinished housing, because To register an object belonging to the type of unfinished construction, a permit will in any case be required.