Notice of the start of construction in 2020, answers to questions.

When constructing and reconstructing a private house, it is important not only to follow SNiPs, but also to prepare permits in a timely manner. Until 2020, to begin work, it was necessary to obtain a building permit. Now (2019) a notification procedure has been introduced: a citizen sends a notification about the start of construction/reconstruction to local authorities. The authorities have been given no more than 7 days to respond.

How were building permits issued before?

The legal framework for individual construction (IHC) is based on the Town Planning Code (Article 51), Land Code (Article 39-40) and SNiP (Building Norms and Rules) dated 01/12/2004. Requirements for a specific building may depend on the architectural design, the development plan of the residential settlement and the technical conditions for connecting communications.

Until August last year, when building a private house, it was necessary to submit a project for approval. If it complied with the development plan and SNiP standards, then the owner was issued a building permit.

This document was valid for 10 years. When the owner of the site changed, the issuance of a building permit was not canceled. Upon completion of the work, the developer could receive a passport for the house, put it into operation and register it with the cadastral register.

In what cases is a building permit not required?

Home » Real estate » In what cases is a building permit not required?

If you want to register ownership of a constructed property without any problems, you will have to put it into operation in the prescribed manner.

And the first document that will be required to be presented when putting a building, structure, or structure into operation is a construction permit.

The provisions for issuing a building permit are described in detail in Article 51 of the Town Planning Code of the Russian Federation.

However, there are exceptions in which a building permit is not required.

In what cases a building permit is not required, we will consider in this article.

A building permit is not required in the following cases:

• Construction of a garage by an individual on a plot of land provided to him for the construction of an individual residential house, summer house, gardening and other purposes not related to business
• Construction of a kiosk, canopy, and other mobile structures that are not real estate
• If auxiliary facilities are being built on the land plot. These are structures that do not have an independent economic function. They are designed to serve the main building.

For example, on the territory of a private household, a residential building will be the main building, and a barn and outhouse will be auxiliary buildings.

On the territory of the enterprise, the production building will be the main building, and the gas distribution point will be an auxiliary building.

At the same time, an auxiliary structure may even have an inextricable connection with the land plot, that is, formally correspond to the characteristics of a capital construction project. If its only function is to ensure the operation of the main facility, then a building permit is not required.

Thus, judicial practice was on the side of the organization that organized parking and fencing on the land plot it owned. These objects were recognized as related to improvement, performing auxiliary functions for the land plot. (case No. A26-10116/2010).

• A building permit is not required in the case of a major overhaul of the property, or the introduction of such construction changes to it that will not affect its supporting structures.
  The law also allows for construction changes to be made without a separate permit, within the limits permitted by city planning regulations. But at present there are not many such regulations. Perhaps in the future, when developing them, the permissible limits for construction work without obtaining a permit will be specified.
• Since March 2020, there is no requirement to obtain permission to construct drilling wells.
  This refers to drilling wells that are designed in accordance with subsoil legislation. The peculiarity is that for the development of mineral resources, the development of a special technical project and other documentation used in the development of deposits is provided.

General requirements

In general, a building permit is not required if work is carried out that does not affect the reliability and safety of real estate.

At the same time, the work performed must comply with SNiPs (building codes and regulations).

Powers of local administrations

In addition to the listed types of work, which are directly indicated in Article 51 of the Town Planning Code of the Russian Federation, a construction permit is not required in other cases that may be established by local authorities.

For example, the Moscow Regional Duma adopted law No. 15/99-P dated September 25, 2014, according to which a construction permit is not required in the case of:

• construction of electrical grid structures with voltage up to 20 kV (kilovolt)
• reconstruction of the same structures, with the exception of linear objects
• new construction or construction changes of line-cable communication devices, electrical communication cable lines
• construction of gas pipelines and gas distribution and gas consumption devices, the pressure in which does not exceed 0.6 megapascals
• during the reconstruction of utility networks, including power lines, communications, gas and water pipelines, sewerage networks, if their security zones do not increase as a result of the reconstruction
• if the object of construction or reconstruction is heating networks

If a particularly dangerous or complex facility is being built, the listed points do not apply. For particularly dangerous and technically complex objects, a construction permit is required in any case.

And in the Leningrad region, also on the basis of regional law dated May 18, 2012 No. 38-oz, a building permit is not required in the case of:

• construction of physical culture and health facilities on recreational lands up to two floors in height and an area of ​​up to one and a half thousand square meters;
• beaches and open areas, including dog walking areas;
• wells, ponds and reservoirs with a volume of up to one hundred cubic meters
• private non-public roads
• as well as engineering communications, approximately matching the list with those listed in the previous paragraph.

Perhaps your region has its own list, which lists objects for the construction of which you do not need to obtain a building permit.

Types of auxiliary objects

Anticipating questions about whether this or that structure should be classified as auxiliary facilities that do not require a construction permit, I will give here a small list of buildings, structures and structures that the courts recognized as auxiliary facilities:

• street lighting structures
• room for placing utilities
• GRPS block point on the gas pipeline
• production site covered with vibro-pressed tiles
• block module for housing a complete switchgear

The list goes on, but I will leave room for your imagination.

Still have questions? Ask them in the comments!

Discussion: 7 comments

1. Alexander:
   02/07/2017 at 13:20

   To service the sailing school and store small boats in the winter, we built a boathouse. The land plot on which the boathouse is built does not have a cadastral number, as it was formed as a result of filling the shoreline of the pond, according to the developed project for the construction of berth structures. The boathouse building is prefabricated frame, mounted on a concrete slab and is a volumetric structure with a height of 13 meters and a total area of ​​​​about 1500 sq.m., divided by a vertical wall. In one part, boats and yachts are stored, in the other there are workshops for the repair of small boats and quarters for service personnel. Question. How to properly register this property. We did not receive a building permit, since the land plot, due to the above reasons, does not have a cadastral number. In fact, it seems to be built on water. Thanks for the answer.

   Answer

   Evgeny Mazhov:

   02/10/2017 at 13:28

   Based on your comment, there is a developed project for the construction of berth structures.

   Read also:  We will help you, we will urgently prepare documents with the BTI!

   Consequently, one of its sections should provide for the movement of earth masses and the further formation of the boundaries of these same structures in the axes.

   If during the implementation of the project you did not go beyond the design solutions, then there should be no problems with commissioning.

   If during construction you decided that “this way it will be even better” and made changes not provided for by the project, I’m sorry, but this requires additional permits and adjustments.

   As far as I understand from your description, the boathouse is a capital construction project, that is, it cannot be moved without causing damage to its purpose.

   In addition, the area of ​​1500 sq. m you indicated is critical. Objects over 1500 sq m or above three floors are subject to mandatory examination. Thank God, now there is no longer a monopoly on its implementation; there are enough expert organizations.

   Therefore, I believe that the problem is not as insignificant as you want to make it out to be. In fact, we have an unauthorized capital construction project.

   As a rule, the following sequence is used for such objects: 1) drawing up an independent conclusion on the possibility of operation in the absence of a threat to the life and health of citizens 2) consideration of the possibility of preservation by an interdepartmental commission under the local administration 3) resolving the issue of providing a land plot for operation of the object. The key issue, as you understand, is the issue of the land plot, in light of the provisions of Article 222 of the Civil Code of the Russian Federation. The specifics of the formation of the land plot you created are regulated by the Land Code of the Russian Federation, in terms of provisions on artificially created objects. In general, it is necessary to study documents to develop recommendations. This issue cannot be resolved with one comment.

   Is it possible to save an existing object? I don’t know, and I’m not ready to give conclusions until there is sufficient confidence that your embankment will not “float” along with the boathouse.

   Answer

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In what cases is it necessary to coordinate construction?

Permission to build a house on your own plot was issued for permanent buildings intended for individual residence. These include private and garden houses.

The current restrictions on the construction of private houses remain the same. The erected structure cannot be divided into several separate objects or used for commercial purposes. On the territory of an allotment intended for individual housing construction, you can build or reconstruct a house with no more than 3 floors, the attic does not count. The maximum height of the building is 20 m, but can be reduced taking into account the shading of neighboring areas.

It is important to consider: the height and area of ​​the house depends on the size of the land plot, which is regulated by design standards.

A building permit is not required for the construction of outbuildings and a garage.

Private houses

We will consider permitted types of buildings depending on their involvement in certain construction projects and will start with private houses. It is immediately worth noting that all such buildings, including country houses, erected before August 5, 1992 are automatically considered legal and their owners simply need to carry out the re-registration procedure.

In addition, you can carry out the following work in or near your country house :

• Construction of temporary buildings, these include: greenhouses, gazebos, sheds, wells, toilets, gates, cellars, swimming pools, etc.
• Installation of technical and engineering equipment that is necessary to maintain the house.
• Facade works on insulation and decorative finishing.
• Arrangement of storage rooms.
• Changing the configuration of partitions, unless sanitary standards are violated and load-bearing walls are damaged.
• Glazing of a veranda, terrace or balcony, provided that the house is not an architectural monument.

The only thing worth paying attention to is the construction standards for sanitary buildings, which must be removed both from your own residential building and from the neighbor’s.

What has changed for private developers

Since August 4, 2018, Federal Law No. 340 has been in force, which introduced changes to the main urban planning act of the country. First of all, the changes affected the procedure for approving construction with government agencies. If previously developers had to apply and receive a construction permit, now the law only requires notifying government agencies about the work being carried out.

If the design standards do not comply, government agencies may refuse construction.

If a written refusal is not received, then the reconstruction or construction is considered permitted.

It is important to note: if a previously issued construction permit is still in force for the project, then submitting a notification is not required.

Within a month after the completion of reconstruction, the developer is obliged to submit a notice of completion of construction to the local administration or a special authorized body. A technical construction plan is attached to it.

The review period for both notifications is 7 days.

Which buildings does the innovation apply to:

1. Private residential buildings on a permanent foundation, intended for permanent residence and meeting the criteria for individual housing construction.
2. Garden houses for seasonal stay, as well as premises providing household and other needs.

Bathhouses, garages and other outbuildings that belong to a private or garden house do not require additional approval. However, violation of the rules for their location on the site (in particular, the distance to the boundaries of the land or sanitary structures) may result in a prohibition of work. Allowable distances to the boundaries of the site and between objects are shown in the figure:

An agreed notice to begin construction, like a permit to build a private house, is valid for 10 years.

Among other changes, the law establishes the possibility of monitoring compliance with the technical parameters of individual housing construction. When information is received about a violation of construction standards, government agencies are obliged to inspect the facility and make a decision on its compliance with SNiPs.

In certain areas (for example, near strategically important objects, water protection zones, airports) additional restrictions may apply. In such situations, before obtaining permission to build a house, it is necessary to coordinate the project with the relevant authority (Rosaviation, Rosprirodnadzor, etc.).

One of the main disadvantages of the notification procedure is that the owner is obliged to clarify himself whether the land plot is included in any security zone. Certificates of permission for individual housing construction must be completed before submitting the notice. Otherwise, the developer will receive a construction ban.

It is important to consider: if the site is included in a natural or water protection zone, the design of a private house must undergo an environmental assessment.

You can obtain information about cultural, natural and other protected areas from the official websites of the administration or from the public cadastral map of Rosreestr.

How to notify about the start of construction?

Notification of the start of construction is only necessary for individual housing construction and a garden house.

For the construction of other objects, a building permit is still required.

However, with individual housing construction objects and garden houses, not everything is so simple.

Not every individual housing construction project and garden house can be built on the basis of a notification.

The house must meet 5 characteristics.

1. The house is in the form of a separate building.
2. The number of above-ground floors is no more than 3.
3. The height of the house does not exceed 20 meters.
4. The rooms and premises of the house are intended for domestic needs associated with living.
5. It is unacceptable to divide a house into independent real estate units. In other words, it will not be possible to register ownership of a separate room.

If the house meets all these criteria, then we submit a notification.

You can notify about the start of construction by submitting a document, a sample of which was discussed in the previous question.

However, in most cases, no other documents are attached to the notification.

Thus , to notify about the start of construction, we perform 2 actions.

• Fill out the Notice of Planned Construction,
• Submit a notification to the local administration or government authority.

For more information on where to submit a notification, see article 2 ways to fill out a notification.

The article provides detailed instructions for generating and submitting a notification.

What is included in the construction notice?

The notice of planned work shall include the following information:

1. Name of the self-government body to which the notification is submitted.
2. Personal data of the developer, place of registration and details of an identity document. At the end of the document the date and signature of the applicant are placed.
3. Description of the land plot. It is necessary to indicate the type of use of the land (rent or ownership) and capital facilities on it, give the address and description of the site. If a cadastral number is available, this information is also provided. When indicating ownership, you must list all persons who have rights to the land.
4. Data on the parameters of the proposed construction. The owner must indicate the area of ​​the house, the parameters of the premises, the height and number of storeys, the layout of the site, the size of the setbacks to neighboring plots, the building ratio, etc. One of the most important points is the layout of the house on the land plot. She is depicted in a special column on the form.
5. Other information. To receive a response from government agencies, you need to indicate the address and/or email of the person acting as the developer, as well as a convenient method of notification. When describing the house, it is specifically specified that it is not intended to be divided into several real estate properties.

You can use the construction work notification form.

In many regions, notification can be submitted electronically. For example, in the Voronezh region this can be done using the link https://www.govvrn.ru/usluga/-/~/id/3653952. To do this, you need to fill out the following form and attach documents in the form of files:

If the developer is a legal entity, its representative must indicate the name and location of the owner company, registration number in the Unified State Register of Legal Entities and Taxpayer Identification Number.

Notification of completion of reconstruction or construction work is issued in a similar way.

When and how is a notification about individual housing construction issued?

The administration must be notified of construction before work begins. You can do this in several ways:

1. Appear in person at the town planning department of your local government. In Moscow, the developer can contact the one-stop service of the Construction Supervision Committee;
2. By post addressed to the administration of the city or settlement. The letter must be sent with a return receipt and a description of the attachment.
3. Through the portal "State Services" or MFC.

There is no need to have forms and copies certified by a notary. You will need to pay the state fee only after completion of construction at the stage of registering property rights. Additional costs will arise when contacting law firms, design bureaus and technical expertise bodies.

Within 7 working days, the administration reviews the submitted package of documents and sends the applicant a response notification about the compliance or non-compliance of the object with building codes and plans.

If there is no response within a week, construction or reconstruction can begin without receiving paper from the authorized bodies.

Construction cannot begin before notification is submitted.

What is included in the package of documents

To submit a notification, only documents are required that confirm the legality of using the land plot for individual housing construction. If ownership of the plot is registered in Rosreestr, this information may be requested by the department where the papers are submitted. In the absence of registration, copies of title documents are attached to the notification.

If the package is submitted not by the applicant himself, but by another person, then a power of attorney certifying his authority must be attached to it.

Previously, to obtain a building permit, it was necessary to provide a survey project, an urban planning plan, a project, as well as a diagram indicating the dimensions and location of buildings.

Nowadays, a private developer applies project documentation only on his own initiative. Compliance with SNiPs is determined based on the information in the notification.

When does the permit expire?

It often happens that government authorities decide to suspend, mothball and even terminate construction. But there are a few nice nuances:

1. The decision is usually made no later than a month in advance. Once permission to build a house has already been issued, it is rarely revoked.
2. This situation usually does not affect citizens who have complied with all the requirements placed on them in a timely manner.
3. If there is a refusal, then the entire set of documents is returned to the applicant, provided that there are no objections on his part. Otherwise, the case is contested in court.

Can a building permit be refused?

If the rules of planning and placement in special zones are violated, the administration may send a notice of non-compliance with parameters or inadmissibility of construction on a given plot of land. The most common reasons for this decision are:

• submission of an application by a person who does not have the right to use the land plot for individual housing construction;
• failure to maintain the distance between sanitary or utility buildings;
• non-compliance with area, height and number of floors standards, severe shading of neighboring areas;
• non-compliance with fire safety rules;
• lack of a written agreement on the proximity of a residential building to the boundaries of the neighboring plot;
• violation of construction rules in protected areas, lack of coordination with authorized bodies;
• the need to conduct a state cultural and historical examination (for example, archaeological excavations) in the territories that include the specified land plot.

In the absence of agreement with the administration, the owner will not be able to officially register the building, formalize ownership rights and provide centralized water, heat and electricity supplies. If the house violates sanitary standards or the rights of neighbors (for example, due to too great a height or improper location of the septic tank), the authorized body may apply to the court to demand the demolition of the illegal squatter building.

To avoid additional costs, it is better to check in advance whether the dimensions and location of the future home comply with building codes.