Legal adviser Kristina Adamatskaya answers:
In Russia, construction can only be done on the lands of settlements with permitted types of use “for individual housing construction”, “low-rise residential development”, “personal plot of land”, “blocked residential development” and agricultural lands.
On agricultural lands, construction of real estate used for agricultural production is allowed. But it is better to coordinate the construction with local authorities so that the construction is not recognized as unauthorized and a decision is subsequently made to demolish it.
If such a house has already been built, you should go to court to have the building recognized as legal.
In very rare cases, it is possible to obtain legal permission to build a house on land for another purpose.
You can find out the type of permitted use of a land plot on the Rosreestr website. You leave an online application and within five days you receive information from the state real estate cadastre. The price of the service is from 150 rubles.
Rules for the development of a land plot for individual housing construction in 2020
- Obtaining a building permit. Before building a house on the site, you must obtain the appropriate permit. To do this, you should first go to the BTI at your place of residence to get a site plan. You can also order a plan for the future building from BTI. If you do not trust BTI, you can order a plan for the future building from a private company. After this, you need to collect documents for building a house on an individual housing construction site - a personal passport, a site plan, a house plan, as well as any document that confirms ownership of the land. With these documents, you should visit local authorities and write an application. After this, your application will be reviewed, and if approved, you will be issued a building permit.
- Home construction. Now you are engaged in building a house in accordance with the plan.
- Commissioning. After building the house, you need to put the house into operation. To do this, you must visit local authorities and order a home visit from a special commission. This commission must check that you built the house according to the building plan (you submitted this plan to the local government at the stage of obtaining a building permit). If everything is good, then a special act is drawn up; you sign this act and submit it to local authorities. If during construction you deviate from the plan, then the commission will not accept such a house (and such a house must be rebuilt so that it corresponds to the plan). If you have built a country house or garden house on the site for seasonal residence, then a special commission visit is not required. To put such a house into operation, you should fill out a special declaration, which should reflect some technical characteristics of the house (type of materials, size of walls, and so on); then this declaration should be submitted to local authorities.
- Home registration. It should be remembered that after construction you need to enter information about the house in Rosreestr. We will find out how to register a house on an individual housing construction plot - to do this, you need to contact the Rosreestr office, write an application and provide all the necessary documents (land documents, personal passport, site plan, building plan and some others); You also have to pay the state fee, which is 1,200 rubles. After this, your house will be registered.
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Now you know how to register a plot of land for private housing construction and how to register a house. Now let's consider the issue of building a house. The fact is that there are certain requirements and standards for construction on a land plot of individual housing construction in 2020, which should be adhered to. SNiP for the construction of a private house individual housing construction in 2019 states the following:
Country construction
Dacha land plots are provided for recreation. Housing can be built on them only without the right of registration.
It is possible to build a house no higher than 3 above-ground floors and place outbuildings and structures. If the site falls within the boundaries of a populated area, then registration is possible through the court.
The acquisition of land in a dacha non-profit association implies development in accordance with the adopted project. Otherwise, the advantage of building on such land is that there are no restrictions on the size of buildings and their purpose.
What can be built on individual housing construction land
These are the so-called red lines. There should be at least 3 meters to dead-end yards or the red line of low-traffic streets. Violation of this line is unacceptable. Although in reality such cases are negligible, you should know that by law you may be required to demolish buildings that extend beyond it.
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Only construction in the presence of this paper and other initial permitting documents is considered legal and allows you to subsequently register the house in the cadastral register and register it with Rosreestr, as well as register yourself at your place of residence.
Personal subsidiary plot
Land use when running private household plots is in many ways similar to gardening, but in some cases construction on such plots is prohibited, although it is possible to place a residential building that is not intended to be divided into apartments (houses suitable for permanent residence and no higher than three above-ground floors) and to place a garage and other auxiliary structures. The decision is made by the local administration.
If there are no prohibitions, then there are no restrictions. Permission to register in a house on land under private household plots is obtained through the court.
Minimum area of a residential building for registration
According to legal requirements, a construction permit must be obtained. Previously existing differences in the possibilities of construction between plots of individual housing construction, private plots, garden plots on the lands of settlements have become insignificant in accordance with the Resolution of the Constitutional Court from the House, built on these plots and suitable for permanent residence, are recognized as residential, and permanent registration can be obtained in them.
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The concept of “individual residential building” applies to all individual residential buildings, regardless of the permitted use of the plots on which such houses are located and the type of territorial zone. An individual residential building is considered to be a 1-apartment, that is, a detached residential building with no more than 3 floors, intended for the residence of 1 family Art.
On what lands can you build a house (2017)
Understanding the categories and types of permitted land use is necessary to resolve the issue of building a house, registering ownership of it and registering the place of residence. On some lands, private construction is prohibited altogether or is possible only with restrictions.
Expert opinion
Makarov Igor Tarasovich
Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.
Ignorance of the laws and disregard for them leads to administrative fines and sometimes even lawsuits demanding the demolition of unauthorized buildings.
How to register a house on a plot for individual housing construction: step-by-step instructions
Anyone who is faced with issues of individual construction needs to understand that the process is closely associated with a number of bureaucratic procedures. Control by the state aims not only to protect nature and its wealth, but also to prevent cases of unauthorized seizure of land in a nature protection zone. It is important to understand that supervisory authorities (forestry), neighbors or persons who have plans for the area can notify the relevant services about unauthorized construction. It is pointless to hope that the house will stand without registration for a long time. Once discovered, the minimum penalties against the property owner will be fines and additional fees for registration activities.
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According to Federal Law 93 of 2006, owners of land plots who registered their ownership before November 1, 2001 have the opportunity to register buildings according to a simplified scheme. This right is retained by the owners of plots planned for individual housing construction until the end of 2020, subject to the privatization of the plots. The average time for registering ownership of summer cottages is 1 month. After this, you can prepare a package of documents for entering the existing building into the unified real estate register. What to prepare:
Categories of land by purpose
According to the Land Code of the Russian Federation (LLC RF) [1], the use of land must occur in accordance with the intended purpose established for it. In rare cases (when changing the category of intended purpose or VRI of a land plot, regulating relations by laws on gardening, dacha associations of citizens, on peasant farms, on the provision of land plots to citizens in the Far East), it is possible to obtain permission to build a house on other plots, for example, on land forest fund or lands of specially protected areas.
Two houses on one plot
- Compliance with established distances. The house must be located at a distance of six meters from the nearest building located on the adjacent site. Within your own plot, the distance must be at least a meter to an outbuilding and at least three meters to the walls of a second residential building.
- Compliance with building density. This parameter is calculated based on the size of the land plot, the area of the residential building and two coefficients. Most often, all indicators are within normal limits, so refusal for this reason rarely occurs.
- Compliance with the intended purpose of the site. The site must be intended for individual housing construction; only in this case can you obtain permission to build a second house. It is issued by the city or district department of architecture.
Many owners of their own plots of land are often faced with the desire to expand their living space, not just with another extension to the main house, but simply by building another cottage from scratch on the same plot. But a considerable part is overcome by doubts: is this allowed by law? In fact, there is no direct prohibition on the construction of a second residential building on the same site, but quite clear requirements have been established, without which it is impossible to obtain a building permit.
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Types of permitted use of land plots
In addition to the categories of intended use, Russia also has territorial zoning standards, for example, zones of residential or public and business development within the lands of settlements, zones of agricultural land as part of agricultural lands. As a rule, land plots can be assigned to only one territorial zone.
For each settlement, territorial zones are established by land use and development rules (LRU). The PZZ includes an urban zoning map and urban planning regulations .
Types of permitted use (AUR) - the most specific instructions on the use of land plots (“pig farming”, “beekeeping”, “low-rise residential development”, “public services”, “markets”, “heavy industry”). In the town planning regulations, VRI are divided into main, auxiliary and conditionally permitted; several types of permitted use can be established for one land plot.
Owners of land plots have the right to independently choose from the list of main and auxiliary VRI which type of permitted use is most suitable for them. In addition to the categories of intended use, Russia also has territorial zoning standards, for example, zones of residential or public and business development within the lands of settlements, zone agricultural land as part of agricultural land. As a rule, land plots can be assigned to only one territorial zone.
For each settlement, territorial zones are established by land use and development rules (LRU). The PZZ includes an urban zoning map and urban planning regulations .
To use a land plot for a purpose that is not typical for a given territorial zone (for example, for the construction of a grocery store in a residential development zone), you must obtain permission for a conditionally permitted type of use of the land plot. This procedure includes the stage of public hearings.
How many meters from the fence can you build a house according to the 2020 law?
The smallest setback from the boundary of the site in order to determine the location of the permissible placement of buildings, beyond which any construction is prohibited, is in accordance with the town planning regulations (clause 2, part 6, article 30, clause 2, part 1, article 38 of the Civil Code of the Russian Federation).
If the site has a latrine or an area for keeping and walking poultry, then these are located no closer than twelve meters to the neighbor’s house, that is, the distance from the fence is nine meters.
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Lands of settlements (land of settlements)
Settlement lands include land plots within the boundaries of cities, urban-type settlements and rural settlements, and occasionally enclave territories. The basis for transferring the lands of settlements to another category is a change in the boundaries of settlements.
Since PZZs are adopted by local authorities for each locality separately, it cannot be said unequivocally that the construction of a residential building is possible only in a residential development zone.
The territorial residential development zone, according to the new VRI-2015 classifier, may have the following types of permitted use :
- Low-rise residential development ( individual housing construction (IHC); placement of country and garden houses ). It is planned to build a house up to 3 floors high for permanent residence of one family. You can grow fruit trees, berries, vegetables, melons, and flowers. The placement of utility buildings and garages is permitted;
- Personal plot of personal subsidiary plot (LPH ). On such a plot you can build a residential building (up to three floors high) for permanent residence of one family, engage in agricultural production, keep animals, build a garage and auxiliary structures;
- A blocked residential building (townhouse) allows you to build up to 10 residential buildings (1-3 floors) in one row, having common walls. On the site you can grow fruit trees, berries, vegetables, build garages and auxiliary premises;
- Mobile housing. The sites are intended for the construction of campsites, tent cities, residential trailers and trailers. Such structures can be connected to public utility networks;
- Mid-rise residential development. On sites with this type of permitted use, multi-apartment (from two apartments) residential buildings, no more than 8 floors high, are built for permanent residence;
- Multi-storey (high-rise) residential development involves the construction of multi-apartment residential buildings with a height of 9 or more floors;
- Maintenance of residential buildings. This VRI provides for the placement of municipal, social, consumer services, healthcare, educational, cultural, religious, business management, markets, and shops.
So on what land can you build an individual house for permanent residence within a populated area in 2017? On land plots with such permitted types of use as “low-rise residential development”, “personal plot of land”, “blocked residential development”.
What is the minimum size of land plot for individual housing construction?
These documents are needed when you buy from a private person an already registered plot registered in the State Cadastre. Neither the cadastral number nor other information from the cadastral passport changes when the owner changes.
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What is the importance for the average person to know the minimum permissible plot size? Firstly, this will not allow dividing into parts a plot of 3 acres. Secondly, a smaller size for the construction of a residential building is unlikely to be advisable.
Agricultural land
The use of agricultural land is regulated by Law No. 101-FZ of July 24, 2002 “On the turnover of agricultural land” [3]; Land Code of the Russian Federation [1], Law No. 66-FZ of April 15, 1998
“On gardening, gardening and dacha non-profit associations of citizens” [1], Law No. 74-FZ of June 11, 2003 “On Peasant (Farming) Economy” [4] and other regulations.
Land plots covered by Law No. 101-FZ are not intended for housing or other construction not related to agricultural production. If such a plot of land is not used for its intended purpose within three years (the field is not sown, not mowed, construction is underway), then an administrative fine in the amount of 3 thousand is provided for this.
rub. It is not recommended to build houses on land plots occupied by farmland (arable land, hayfields, pastures, perennial plantings).
Such land plots are intended for crop production, animal husbandry, scientific support of agriculture, storage and processing of agricultural products, private farming on field plots, creation of nurseries, and provision of agricultural production. Even such type of permitted use as “running personal subsidiary plots on field plots” provides for the use of land for the production of agricultural products without the right to capital construction of facilities.
Land plots allocated for garage construction, personal subsidiary farming (LPH), dacha farming, gardening, livestock farming, gardening, as well as land plots occupied by buildings, structures, structures, are used in accordance with the types of permitted use established for them (Article 12 Law No. 66-FZ).
The construction of houses is permitted on the following agricultural land plots: for running personal subsidiary plots (with the right to build), for running summer cottages and gardening.
A special category consists of lands allocated for peasant (farm) farming . They can be used for the construction of buildings and structures necessary for the farmer’s permanent residence on the site and his economic activities.
This type of permitted use is good for building work on large estates and estates, the size limits of which are set by the local authority.
Minimum house size for registration of individual housing construction
Requirements for maximum height may vary in different localities, so before construction it is better to clarify this issue with the local architecture department. The material for the fence should not be potentially hazardous.
- Document confirming ownership;
- Applicant's identity document.
- GPZU;
- Plan of a special organization. Shows how the house will be located on the land;
- A document that describes the external appearance of the construction of an individual housing construction project;
What is agricultural land
Agricultural land includes land located outside urban settlements and intended for agricultural work. However, these lands differ greatly from each other, including in purpose.
Land plots on such lands are real estate objects allocated for conducting economic, scientific, educational, and research activities.
Expert opinion
Makarov Igor Tarasovich
Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.
Agricultural lands include arable lands, hayfields, pastures, plantings, forest belts, roads, buildings, courtyards built on agricultural land. These facilities are protected by the state and their use is regulated by the state.
Urban planning norms and rules for individual housing construction 2020
If the area of the site itself does not exceed 1 km 200 m, then urban planning regulations allow the construction of only one residential building. As for the “red line”, it should be understood as public places (roads, neighboring areas, etc.).
Rules for the development of a land plot for individual housing construction in 2020
Auxiliary buildings, with the exception of garages, are not allowed to be located on the street side. In the current development conditions, in some cases it is allowed to place residential buildings of the estate type along the red line of the streets. 2. Minimum setbacks from the boundaries of land plots for the walls of buildings, structures, structures without windows: - at a distance that provides regulatory insolation and illumination at a height of 6 meters or more at any point, along the boundaries of adjacent and separated land plots or along the boundaries of territories , on which land plots have not been formed; - in case of adjoining territories (land plots) located within the boundaries of territorial zones, the town planning regulations of which do not establish types of permitted use, for which it is necessary to ensure standard insolation and illumination, a minimum offset from the boundaries of plots that do not coincide with the red lines is allowed, 0 meters .
Then the application and documents must be submitted either to the Town Planning Committee (architectural department) of the district to which the site belongs, or to the Bureau of Technical Inventory (BTI) or to the multifunctional center (MFC). If the site for individual housing construction is located in a small rural settlement, then the documents for obtaining permission can be addressed to the head of this settlement.
What is required to start construction
To build a house on a garden plot, you must obtain permission to build on agricultural land; for this, it is no longer enough to have the Charter of a gardening partnership, which spells out all the restrictions and rules.
To begin construction, you will need to collect many documents. First of all, you will need to coordinate the construction, then approve the construction plan. Then proceed directly to collecting documents.
From 01/01/2019, a notification procedure for construction and registration of property rights was introduced. That is, before starting construction, you must contact local authorities. The notice should indicate:
- Full name and address of the owner of the site;
- passport and contact information;
- number of the plot according to the cadastre;
- links to title documents for the site;
- information on types of permitted use;
- parameters of the future home.
It should be remembered that the height of the house cannot exceed 20 meters and three floors. The construction of the following categories of gardening and dacha partnerships on agricultural lands is permitted:
- individual residential buildings;
- cottages;
- country houses.
If it is necessary to build several structures on such a site, they will need to be formalized. In this case, one building will be designated as a house for living throughout the year, the rest will be classified as guest and temporary buildings.
It is possible to build a cottage and a farm on farm lands in order to live comfortably and also provide proper care for animals. In this case, the cadastral passport of the plot, regardless of size, must contain the category of land. There must also be documentation justifying and proving the intended use of the land.
If a house is built without permits on a site that is not intended for this purpose, this will lead to major troubles in the future. For example, building a house on agricultural land in 2020 without permits may be burdened with consequences:
- the construction is declared illegal by a court decision;
- a fine of 1 to 50 thousand rubles is imposed depending on what site the house is built on and who the developer is;
- a decision is made to demolish the house if there are serious grounds, for example, if the construction causes significant harm to the surrounding area, other people’s property, or limits the interests and rights of other persons.
Based on the above, we can conclude that agricultural land may be used only for its intended purpose, namely for various types of agricultural production. It is allowed to build seasonal or technical buildings.
Capital buildings for permanent residence are allowed only on the territory of farming and gardening plots.
If you have any questions, you can ask our land lawyer.
Many city dwellers dream of having their own home somewhere away from the city, in a picturesque, quiet place, on the shore of a reservoir.
But not everyone knows that you ca n’t build such a desirable house on just any site you like, or one you like visually.
Expert opinion
Makarov Igor Tarasovich
Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.
If, before starting construction, you first have to buy land, it is better to find out its category and VRI before the start of the transaction , otherwise the money may be invested in the wrong place.
Even when building a house or cottage on your own, existing plot of land, you must be sure that using this land for construction is not prohibited by law .
Rules for planning plots and placing private houses with utility rooms
When figuring out the norms for developing land plots for individual use, it is worth studying the legislative framework. Local authorities regulate the rules for placing a house on a SNiP site and establish requirements for the development of a land plot of individual housing construction. They determine construction standards in a particular region. Therefore, when looking at house designs and options for their placement, it is better to focus on options typical for the region .
Fire regulations for the location of the house allow for two-row construction. In this case, 2 outbuildings or residential buildings on the site are located close to each other. The main thing is to maintain distances from the boundaries of the conventional red line when erecting structures.
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Categories of land by purpose
According to the Land Code of the Russian Federation (LLC RF) [1], the use of land must occur in accordance with the intended purpose established for it. In rare cases (when changing the category of intended purpose or VRI of a land plot, regulating relations by laws on gardening, dacha associations of citizens, on peasant farms, on the provision of land plots to citizens in the Far East), it is possible to obtain permission to build a house on other plots, for example, on land forest fund or lands of specially protected areas.
Settlement from the site boundary during the construction of a residential building: SNiP norm and law
The easiest way to decide is with low-rise buildings, where legal distance values are clearly developed and approved. It is allowed to erect buildings in accordance with regulatory requirements, with a distance of up to three meters, provided that there is more than 5 meters to the house on the neighboring plot.
The setback from the boundary of the plot during the construction of a house is a SNiP standard and a necessary step that must be taken when developing a land plot owned by the owner on SNT or individual housing construction lands. The distance of buildings from the boundaries of the site is only an approximate value determined by incompetent sources. It must be a minimum of 3 meters according to SNiP standards.
Cottages
The following may be offered privately for their construction:
- settlement lands,
- agricultural land.
It is very rare, but possible to build a cottage on the territory of specially protected lands.
Often cottages are built en masse on land allocated specifically for a cottage village.
As a rule, these are lands of populated areas.
ZNP are the most popular category of land for building a house.
Townhouses
There is a consistently high demand for this type of housing such as:
- townhouses,
- lanehouses,
- duplexes.
The category of land for the construction of such housing is settlement land. Economy class villages are growing like mushrooms. But the legislation does not describe this type of housing in any way. This may cause problems in the future.
Such housing is considered blocked . Registration is possible , but you will have to get used to the fact that your home is only part of the block.
Dachas are allowed to be built on agricultural land and settlement land.
Nowadays, dachas cannot be considered residential premises . Such buildings do not provide for registration and permanent residence.
There is no mandatory layout for country houses, although construction can be carried out subject to all standards of capital structures.
Whether it is necessary to obtain permission to build a summer house depends on the status of the site.
If the land is intended for gardening and dacha farming, there is no need for a special permit.
After completion of construction, the house can be registered by submitting a declaration to the relevant authorities. If the site is located on the territory of a cottage community or village, prepare a package of documents and issue a permit for the construction of the building.
Construction on a land plot of individual housing construction: basic standards
Particular attention should be paid to the location of the property. If the site is located near a pond, forest or on a hilly area, the owner will have to incur additional costs. Otherwise, he will not be able to comply with the rules of SNIP and will break the law. For example, owners often have to build a reinforced foundation, obtain permission to cut down trees near the house, etc.
The owner must comply with all SNIP rules for construction to avoid problems with neighbors and local authorities. If the distance between the buildings or the house and the fence does not meet the standards, the owner of the site will have to redo everything.
