How to register a house without a building permit?

Is it possible to build a house without the appropriate permit?

The fine for citizens varies from 1 to 5 thousand rubles, and for officials from 20 to 50 thousand rubles. Individual entrepreneurs pay a fine of 20 to 50 thousand rubles, and their work may also be suspended for up to 90 days. Representatives of companies pay a fine of 500 thousand rubles. up to 1 million rubles, and this may also threaten suspension of work for up to 90 days.

Often people ignore the stage that involves obtaining permits for the construction of a private residential building. This leads to significant negative consequences, as certain problems arise with various government bodies. Therefore, you should understand why approval is needed, how to obtain it, and what problems you may encounter in its absence.

Is it possible to extend the construction period of a private residential building?

With the onset of the spring-summer period, construction and installation life began to boil again in the estate residential areas of Gomel. But not in all areas. For various reasons, owners may not meet the deadlines for the construction of residential buildings. What this can lead to, how the construction period can be extended and what reasons for this are considered valid - Anna Prikota, head of the department of legal and information and analytical support of the land management service of the Gomel Regional Executive Committee, answers these and other questions.

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– The construction period can be extended by the local executive and administrative body, but no more than 2 years, taking into account the financial situation of the citizen and other valid reasons (illness, absence in the Republic of Belarus or others) upon his application submitted no earlier than 6 months, but no later than 2 months before the expiration of the construction period. The right to extend the construction period can only be exercised once.

Documents for obtaining a building permit

The majority of the population does not have information regarding the rules and laws for the construction of private buildings. Basically, everyone believes that if a piece of land is privately owned, then the owner has the right to any embodiment of his own architectural fantasies and ambitions.

To obtain permission to put a house into operation, you must provide, among other things, a building permit. According to the “dacha amnesty”, for state registration of property rights, it is necessary to prepare documents that can confirm the fact of the creation of this property, and which will also contain a description of such an object.

Don’t believe officials’ promises to formalize everything retroactively

Yet the courts do not reject either of the two points of view. Thus, the Federal Antimonopoly Service of the North Caucasus District, when discussing a report on the application of legislation on unauthorized buildings on May 14 last year, expressed the opinion that the decision to demolish an unauthorized building can be made both by a court and by a government body authorized to make decisions on the demolition of illegally erected buildings.

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When filing a claim for recognition of ownership of an unauthorized construction in accordance with Art. 222 of the Civil Code of the Russian Federation, such a claim must be based on acts of the competent authorities and other documents confirming the right to land. State registration of the emergence and transfer of rights to real estate in accordance with Art. 14 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it” (hereinafter referred to as Law No. 122-FZ) is certified by a certificate of state registration of rights, and state registration of contracts and other transactions is through a special registration inscription on a document expressing the contents of the transaction. But according to Art. 6 of Law No. 122-FZ, rights to real estate that arose before the entry into force of this law are recognized as legally valid in the absence of their state registration.

DDU with an expired construction permit retroactively

Agents and the developer propose to conclude a DDU under Federal Law-214 retroactively on October 6 (now December), since the construction permit expired on October 7, 2020, the developer does not want to renew it since delivery is at the end of December (friends from the industry suggest that renewing the permit is an easy process and it’s strange that the developer doesn’t do this).

Realtor agents (Presnya City project, apartments) say that the owners of the property (Coalco land, developer MR Group, project investor VTB) have agreements with Rosreestr and VTB Bank on today's registration of contracts signed retroactively. Allegedly, the reason why such a scheme is proposed is the reluctance to stop sales while the property is being registered.

This is interesting: I pay by court decision through bailiffs from my salary. Can they come for an inventory?

Construction without a building permit - how to register self-construction

carrying out a construction examination to recognize the structure as real estate;
the structure must be recognized as unauthorized. To do this, you can submit an application to build something on this site;
the construction should not infringe on the rights of other persons, for example, neighbors;
the building must comply with all necessary standards in construction, this requires the conclusion of fire supervision, sanitary and construction inspections;
the person submitting the application must have documents indicating that the building was erected at his expense. This could be an estimate or a contract agreement with a construction company;
the structure must have all the necessary technical documentation characterizing it as individual.

Based on the Civil Code, namely Article 222, an illegally erected building is not the property of the person who built it, it follows that one cannot live in such a structure, cannot rent it out or use it for any other commercial purposes.

How to obtain permission to build a private house

You can obtain permission for an extension within 60 days from the date of expiration of the permit period allotted for the construction of an individual house. A prerequisite for an extension is that construction must have started, the degree of readiness does not matter much .

Construction can be carried out on a site that is owned. If the right to a land plot is secured in accordance with current legislation, you can begin obtaining a permit to build a house. On plots allocated for personal use, houses can be built with a maximum height of 3 floors.

Help resolve the contradiction regarding construction deadlines

OF. ANSWER

Having considered your appeal, the land management service of the Gomel Regional Executive Committee reports the following.
In accordance with Decree of the President of the Republic of Belarus dated February 7, 2006 No. 87 “On some measures to reduce unfinished construction of non-construction residential buildings and dachas” (hereinafter referred to as Decree No. 87), construction on land plots provided for the construction and maintenance of a house must be completed within three years from the date of state registration of the right to this land plot. In this case, the completion of construction is considered to be the construction of the foundation, walls and roof of this house or cottage, regardless of their commissioning. The construction period may be extended by the local executive and administrative body, but not more than two years, taking into account the financial situation of the citizen and other valid reasons (illness, absence in the Republic of Belarus or other valid reason) upon his application submitted no earlier than six months, but no later than two months before the expiration of the construction period. The right to extend the specified period for the construction of a residential building can be exercised in relation to a specific construction project only once. If it is impossible to complete construction within the specified time frame, the citizen is obliged to carry out conservation of the unfinished residential building and improve the land plot. At the same time, conservation of a residential building can be carried out in relation to a specific construction project only once, and the period of such conservation cannot exceed three years. Conservation of an unfinished residential building suspends the above-mentioned period. Decree No. 87 also applies to land plots acquired under sales contracts or received by inheritance. When acquiring, in accordance with the law, a land plot or the right to lease a land plot, incl. with an unfinished residential building located on it, the construction period is not interrupted. AND THERE IS THE SAME QUESTION
. Thank you for your answer. But I would like to understand how it turns out in practice when a person buys a plot with a mothballed foundation from the previous owner, who has already passed all the deadlines for construction (including 2 years of extension). Now, for example, there are 2 months left for construction (during which, theoretically, you won’t be able to build a box and cover the roof), and at the same time, the local village council officially gives permission for construction. What to do? Waiting for an answer

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

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

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

Everything for the cottage

On garden plots it will be allowed to build not only summer houses, but also permanent houses for permanent residence, in which you can register. They will be issued according to a simplified scheme. To do this, a notification about the start and completion of construction must be submitted to the local administration. Officials themselves will send the documents to Rosreestr, where the residential building will be registered in the cadastral register.

The state program, which our people aptly called the dacha amnesty, is extended from year to year. Let us remember that it began to operate in the fall of 2006. At the moment, the end is marked March 1, 2020. Therefore, throughout the coming 2020, summer residents will have time to bring the documents for the land plot and the real estate located on it into compliance with the current law. We are interested in whether there are any changes to the dacha amnesty from 2020 - the latest news.

Retroactive building permit when the house has already been built

There are cases when construction has begun, and the site becomes the property of another owner. In this case, there is no need to reissue the permit if the validity period has not expired. But if the new owner wants to divide the plot or merge it, then the building can continue to be built under the old permit, but the owner will have to obtain a new urban plan for the plot.

Buying a ready-made house in which someone previously lived is as easy as shelling pears, fortunately there are many offers now. However, the new owners of the land decide to dispose of this building in their own way: they liquidate the old house on the land plot and build a new one in its place. The law considers such an improvement in living conditions as an unauthorized construction that cannot be sold, donated, or bequeathed. The Civil Code of the Russian Federation in Article 222 classifies as unauthorized construction a residential building or other structure on a land plot that was built without obtaining the necessary permits. For the owner of such a house, an unfavorable situation arises: according to documents, there is one house on the land plot, but in reality there is another. However, the picture is quite common; many people live in houses that are not legally registered for years and do not worry about it. However, problems may arise when the owner of such an “unauthorized building” decides to sell or bequeath it. According to the law, the owner of an illegal building is the full owner only of the building materials from which the house is built. Thus, the owner of an unauthorized building is not its owner, and accordingly cannot sell, give, lease, or make other transactions. The Civil Code of the Russian Federation directly predetermines the fate of such a structure - demolition, although it does not specify a deadline for the implementation of this measure. To avoid an unfavorable turn of events, it is important to legalize the construction.

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How to obtain permission to build a private house: step-by-step instructions

An acceptance certificate authorizing the commissioning of a building is a document confirming the completion of work agreed upon in the design documentation that was submitted before the issuance of a building permit. And redevelopment, alteration of the project during the construction process must be coordinated with the authority that issued the permit. If you unauthorizedly made redevelopment or made other communications changes to the project plans, then most likely they will not sign the commissioning certificate for you. At a minimum, it will be necessary to coordinate the redevelopment and re-submit an application for acceptance of the facility into operation.

Many people underestimate this point, build houses a few centimeters closer (further) to the road, to the neighbor’s fence, or change the location of the living space and kitchen. After such redevelopment, they are refused, brought to administrative responsibility and receive a court decision to demolish the unfinished house.

The house on Gornaya, 22, in Kolomyagi will be legalized retroactively

The apartment building on Gornaya, 22 was built in violation of the requirements of town planning and land legislation and without a building permit. In addition, the house was built on three land plots (at the addresses: Gornaya St., 22, Tbilisskaya St., 40, letter A and Tbilisskaya St., 38, letter A), which were formed into one after the actual completion of construction.

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The Primorsky District Court issued a ruling in the framework of enforcement proceedings (decision of the Primorsky District Court dated July 4, 2013) on the claim of the State Construction Supervision Authority of St. Petersburg for the demolition of an unauthorized building on Gornaya Street, 22, and approved a settlement agreement between the parties in the case. The debtor, that is, the defendant and the owner of the land plot at the same time, undertook to develop design documentation for an unauthorized house, carry out its examination and, by September 2020, apply to the State Construction Supervision and Examination Service of St. Petersburg for a construction permit. In case of failure to comply with the terms of the settlement agreement, the Debtor undertakes to demolish the unauthorized construction site.

The procedure for obtaining permission to build a house - where to apply and list of documents

According to the requirements stipulated by the Town Planning Code, in order to obtain permission to build an individual residential building, several documents are required. If you skip this stage, then later problems may arise with the construction of the building and the commissioning of the property. The paper confirms the compliance of sections of the project documentation of the facility with the site plan and land surveying. If a permit has been issued in accordance with the Town Planning Code, the developer has the right to legally construct or reconstruct buildings.

Details about the authorities, the procedure for issuing permits, legal acts, the documentation required for this, including design documentation, and the procedure for obtaining it are stated in Article 51 of the Town Planning Code. It contains 23 points. In addition to the procedure for receiving and documentation, the article talks about how and by whom the verification of papers will be carried out, what decision the self-government body can make and the reasons for refusal. It also contains information regarding the validity period, restoration upon expiration and transfer in case of sale.

What liability is provided for the illegal construction of a residential building?

Satisfying the stated demands and declaring the contested resolution illegal, the arbitration court of the first instance came to the conclusion that holding MZ Tonar LLC administratively liable for carrying out excavation work without a warrant is not within the competence of the State Technical Supervision Authority of the Moscow Region.

Re-examining the case, the arbitration court of appeal correctly pointed out that, on the above grounds, the contested decision was canceled unreasonably, since in accordance with Articles 2, 4 of the Law of the Moscow Region dated November 30, 2004.

If in the first two cases you can try to change the situation, then the last point, one way or another, will lead to the forced demolition of the building.

The prosecutor's office, in accordance with their powers, resolves statements, complaints and other requests containing information about violations of laws. The decision made by the prosecutor does not prevent a person from going to court to protect his rights. A decision on an appeal against a sentence, decision, determination and order of the court can only be appealed to a higher prosecutor.

Violation of the established procedure for construction, reconstruction, major repairs of a capital construction project, its commissioning (as amended by No.

A construction permit is a document confirming the compliance of project documentation with the requirements of the urban planning plan of a land plot or the territory planning project and the land surveying project (in the case of construction, reconstruction of linear objects) and giving the developer the right to carry out the construction of a capital construction project.

Do-it-yourself insulation of the floor with foam plastic under the screed in a private house, bathhouse, apartment and even garage - the required thickness of the screed!

Certain situations do not require this permission . These include:

construction of a garage on a plot that was received by an individual for non-commercial purposes, namely for the construction of a residential building, farming or construction of a garden plot;
the formation of various economic objects, which include sheds or kiosks;
construction of auxiliary structures, for example, laying utilities, installing or connecting networks, as well as creating private sewerage, but all these actions should not be carried out for commercial purposes;
construction of non-commercial facilities that are intended for economic maintenance of the main house, and this includes various baths or saunas, sheds or decks;
drilling a well, for which you do not need to obtain permission from the local administration, but this process is accompanied by obtaining a permit from the department responsible for natural resources;
carrying out major repairs, but only in a situation where the load-bearing elements of the structure are not affected in any way.

To avoid such problems, it is enough to strictly comply with the requirements of the law and not force events during the construction of the structure.

Each of them has another group of sub-stages, the description of which may take more than one A4 sheet. It turns out that it may take more than one month to complete all the work.

Nevertheless, many builders follow the lead of customers and often do not wait to receive permits, but begin building at the stage of submitting documents.

We bought a plot of land and want to build, do we need to get a permit first? Tell me in which institutions this needs to be done, and how much it costs, is it expensive and how difficult is it to do, and what is needed for this? Thanks for your answer in advance.

In addition to construction, it will be illegal to carry out excavation, construction, economic and other types of work without obtaining permission from the cultural heritage protection authorities, when it is required. This applies to the reconstruction of the old foundation, which is classified as a cultural heritage site.

The entire procedure will have to be repeated. Penalty for building without a building permit? Administrative sanctions will be imposed for illegal construction. The punishment for self-construction is prescribed in Art. 9.5 Code of Administrative Offences. The violator is obliged to dismantle the building and pay a fine.

Customers often strive to start construction as soon as possible. But starting construction before obtaining the appropriate permits is fraught with legal problems.

Thus, with the testimony and certificate of the debtor, the collector will leave you with the corresponding copies of documents, a criminal record certificate. We will work through all the stages and authorities for you - we will obtain permission to construct the facility! Our services cost no more than 5% of construction and installation work, and you have confirmation of the compliance of the project, and all its sections, with the norms of the urban planning plan of the land plot (GPZU).

The definition of the Civil Code, Article 222 states that this is a structure erected illegally. Such a structure has only two options for the future - it will either be demolished or legalized.

Varieties of unauthorized structures are identified based on the types of violations in connection with which their existence is defined as illegal.

If facts of construction of capital facilities without permission are revealed, the case is an administrative offense under Part 1 of Art. 9.5 of the Code of the Russian Federation on Administrative Offences, the body exercising state construction supervision (Mosgosstroynadzor), as well as the prosecutor, have the right to initiate proceedings.

Since, in accordance with the Law on the Protection of Consumer Rights, you have the right to file a petition and try to write down 10 days from the date you received a written response, and a certificate of the amount of the principal debt and going to court.

On time and with all new trends - we will carry out two stages of design for residential multi-apartment, industrial, warehouse, engineering, transport, trade and public and business construction (buildings with an area of 1000 to 30,000 sq.m) in the shortest possible time and at a discount! A capital construction project (CFU) is usually understood as a building that is rigidly attached to the ground. Based on this provision of the law, you can build outbuildings, a temporary shelter, a gazebo and other objects on the site that do not have a foundation without permission.

Building permit 2020

• if instead of the owner of the land, his representative contacts the government agency, it is not enough to come and declare the will of the owner, you must have a power of attorney certified by a notary who has a license to perform the relevant professional activity (all these nuances are later double-checked by employees of the government agency);

3. Land plots intended for gardening and summer cottages. But there are exceptions for points 2 and 3. So, for example, if you have a plot of land located in the Moscow region, then you will need to go to the local authorities and ask whether you should get a building permit. This is due to the fact that today the Moscow region is developing more rapidly than other regions, and therefore pipes, gas pipelines, electricity may run near your land plot and your building will not meet safety requirements.

08 Feb 2020 juristsib 687

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Legislation on the provision of solid waste removal services

be registered in the Russian Federation;
have a license for all types of waste-related activities;
have no debts to the Federal Tax Service and are not under bankruptcy or liquidation procedures;
provide an irrevocable bank guarantee valid for 1 year from the date of signing the agreement with subsequent extension;
hire people who do not have an unexpunged/unexpunged criminal record as managers or members of the collegial executive body, chief accountant.

There was a separation of services for the collection and removal of solid and liquid waste. They are provided and paid in a new order (see the rules approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, hereinafter referred to as Rules No. 354).
The conclusion of an agreement on the removal of MSW (municipal solid waste, this term was introduced by the law “On Amendments...” dated December 29, 2014 No. 458-FZ and replaced the term “solid household waste”) became mandatory for residents of multi-apartment buildings (hereinafter referred to as MKD) and individual residential buildings (clause 148 (1) of rules No. 354).
Subjects of the Russian Federation were given instructions to identify a regional operator by 2020, establish standards for the accumulation of solid waste, and a territorial scheme for their circulation (letter of the Ministry of Construction dated December 30, 2020 No. 45067-ACh/04).
The regional operator is selected according to the rules approved. Decree of the Government of the Russian Federation dated September 5, 2020 No. 881.
The establishment of tariffs for the utility service for the removal of solid waste occurs in accordance with the methodological instructions, approved. by order of the FAS dated November 21, 2020 No. 1638/16.

26 Jan 2020 etolaw 211
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