A building permit is a document without which you cannot build your own cozy home. Moreover, without it, construction may be at risk (for example, you will not be able to get a loan). However, permission is not always necessary. When is it worth getting and when not? Where and with what documents should I apply to obtain a building permit? We'll tell you further.
Why do you need a building permit?
A private home is the dream of many people. Therefore, every owner of a plot of land sooner or later thinks about its construction. But not everyone knows that a permit is required to build a residential building in 2019. Yes, you need to get it, otherwise you will face administrative liability for carrying out construction work without a permit. At the same time, you may be fined several times for continuing the work.
And these are not the only reasons. For example, if you are planning to take out a loan from a bank to build a house, they simply will not give it to you without permission. If construction is taking place in a dacha, then without permission you will not be able to install water or gas.
It is prohibited to build a private house without a building permit.
What it is
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
8 (800) 700 95 53
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FREE !
Article 222 of the Civil Code of the Russian Federation defines unauthorized construction as a structure:
- Constructed without obtaining special permits;
- Either by violating technical standards;
- Or it was built on a plot of land that was not registered in accordance with the established procedure.
The person who constructed such a building does not have ownership rights to it.
The law establishes the obligation of the entity that has built an unauthorized structure to demolish it at its own expense.
There are conditions when such a structure can be recognized as legal. For this it is necessary:
- So that the land on which such construction was carried out is in the ownership, perpetual use or lifetime possession of this citizen;
- At the same time, he must compensate for the costs of constructing the structure, the amount of which is determined in court.
If a building interferes with the exercise of the rights of other people, or poses a threat to their health and life, it must be demolished without fail.
In what cases is it not required?
However, not every structure you want to build on your land requires a permit. The law clearly lists these objects in paragraph 17 of Art. 51 Civil Code of the Russian Federation:
- garage, if it is located on a site not intended for business;
- on plots provided for dacha farming or gardening;
- not related to capital construction projects;
- auxiliary buildings (flock, barn, greenhouse, etc.).
If during a major renovation you do not plan to demolish walls and remodel the premises, then you also do not need to obtain permission.
The legislator made another pleasant surprise - houses built before 03/01/2015, located on plots for individual housing construction or private household plots, do not need permission to put them into operation. You can register without it.
You do not need to obtain permission to build a garage or house on a garden plot.
What is unauthorized construction?
A real estate property that falls under at least one of the following criteria is recognized as unauthorized:
- erected on a site that was not provided to the person;
- erected on a site whose permitted use does not allow construction. Not in the principle of construction, but in the constructed object. For example, a plot of land for the construction of an individual house cannot be used for the construction of an apartment building. And not only on the date of commencement of construction, but also on the date of its discovery;
- the object was erected without obtaining the approvals and permits required by law, if they are required to be obtained on the date of construction of the structure and on the date of its discovery
- the object was erected in violation of town planning and construction standards, if they were established on the date of the start of construction or creation of an unauthorized structure and are valid on the date of its discovery.
How to obtain permission to build a house?
When planning to build a residential building on a plot of land, you need to take into account the type of permitted use of the land. It is these indicators that determine whether a permit is required. Let's figure it out.
Individual housing construction (IHC)
The individual housing construction plot is specifically intended for the construction of a residential building, so permission must be obtained. But you can only build a house for one family and no higher than 3 floors. In this case, after construction it is necessary to register at the place of residence. If you do not start work within 3 years, you will be held accountable for misuse of land.
What are the benefits of an individual housing construction plot? Firstly, it is located on settlement lands. This means that around the site there is all the infrastructure necessary for life: roads, hospitals, schools, shops, gas, water and electricity. It is maintained by the local government. Secondly, having an exact address means you will not have problems with registration.
Is it possible to plant plants? Yes, on the individual housing construction plot you can engage in crop production, but raising animals is prohibited.
If you receive a plot of individual housing construction, you are required to build a residential building.
Garden non-profit partnership (SNT)
SNT plots are intended primarily for growing crops. Nobody obliges you to build a country house. But if you have gathered, you don’t need to get permission. Until March 1, 2020, you can put the house into operation and register it in the real estate register without it. But after that it won’t work out—the “dacha amnesty” will end.
Are there any disadvantages? Yes, definitely. Firstly, SNT is located on agricultural land. The municipality is not obliged to install infrastructure there. Therefore, when purchasing, you should think about whether you will have to install the engineering support networks yourself. Secondly, if there are networks, then without registering the house with Rosreestr, you will not be able to connect to them.
It is prohibited to build permanent houses on SNT plots.
Personal subsidiary plot (LPH)
Plots of private household plots can be located both on settlement lands and on agricultural lands. Until March 1, 2020, they also fall under the “dacha amnesty”, i.e. There is no need to obtain permits to register a constructed house. But keep in mind that if you build a permanent residential building on a private plot without permission, you risk getting a fine (Part 1, Article 9.5 of the Code of Administrative Offenses of the Russian Federation). So it's better to get it.
What are the advantages of private household plots? Firstly, you can build a residential building, but only in one case - the site is located within the boundaries of a populated area. Secondly, the tax on land is much lower than on a plot of individual housing construction. Thirdly, you can breed plants and raise animals. Well, the main plus is that no one will rush you to build a house, unlike individual housing construction.
Until 2020, it is not necessary to obtain permission to build a house on a private plot.
What state duty must be paid in a claim for recognition of ownership of an unauthorized building?
To file a claim with the arbitration court, you need to pay 6,000 rubles. (Clause 4, Clause 1, Article 333.21 of the Tax Code of the Russian Federation). If you ask to recognize ownership of several unauthorized buildings, then the state duty is paid for each of them. For example, if you file a claim against three objects, you must pay 18,000 rubles.
To file a claim in a court of general jurisdiction, the state fee must be paid according to the rules for property claims subject to assessment (clause 1, clause 1, article 333.19 of the Tax Code of the Russian Federation). For example, an estimate of the cost of a building can be ordered from the BTI.
If you pay the state duty according to other rules, the court will leave the claim without progress (Part 1 of Article 136 of the Code of Civil Procedure of the Russian Federation). If you do not pay the required amount, he will return your claim (Part 3 of Article 136 of the Code of Civil Procedure of the Russian Federation).
It is important to know! How to relinquish ownership of property
Where can I get permission?
A building permit is issued by the local government body of the district in which the land plot is located. This is where you need to submit your application and documents.
You can submit documents in person, through a representative or a multifunctional center (MFC). If you are submitting through a representative, attach a notarized power of attorney.
Deadline for issuing a building permit
You will receive a building permit 10 days after submitting your application. A permit to build a house is valid for 10 years. As soon as you receive it, you are required to provide the local administration with documents on the number of storeys, area of the house, engineering surveys, etc. You have 10 days to do this.
Submit an application and receive a building permit in 10 days.
What documents are needed to obtain a building permit?
The list of documents depends on the site on which you plan to build a house.
Documents for individual housing construction:
- statement;
- documents confirming land ownership;
- urban planning plan of the site;
- passport of a citizen of the Russian Federation;
- a schematic plan of a plot of land with a designated construction site;
- design documentation;
- positive expert opinion on the design documentation of a capital construction project (if necessary).
Project documentation is not needed when constructing a building of up to 3 floors for one family.
To obtain permission to build a house located on a private plot, you need an application and three documents: a title document, a town planning plan and a planning organization diagram for the land plot.
What to do if you don't have a town plan? You can also get it from the local administration - just write an application for its issuance. You will receive it within 30 days. You don't need to pay anything.
Application for a building permit
You can obtain an application form from an MFC specialist, electronically through the State Services portal or on the official website of the local administration.
Disputes about unauthorized construction projects
The lawyers of the DVA M Legal Center have extensive experience in participating in litigation related to the problem of unauthorized construction. Qualified legal assistance from our lawyers will help preserve the property, avoid penalties and other adverse consequences.
The DVA M legal center provides a range of legal services related to the topic of unauthorized construction in Moscow and the Moscow region:
- drawing up and presenting to the customer comprehensive legal opinions regarding the status of unauthorized construction projects and the prospects for their legalization;
- representation of interests in the implementation of control measures in relation to unauthorized buildings;
- protection of the rights and legitimate interests of the customer in the event that regulatory authorities present orders to eliminate identified violations (including requirements for the demolition of constructed facilities in an administrative manner);
- judicial representation of the interests of property rights holders in the event of demands for the demolition of unauthorized objects by authorized bodies.
- challenging refusals to provide plots for lease or ownership and the provision of other government services in connection with the presence of controversial objects on the plots.
- checking objects before purchase to determine the risk of them being considered unauthorized buildings.
The issue of unauthorized construction is very relevant due to both the difficulty of obtaining a permit for construction (reconstruction) and the presence of many borderline situations, insufficient precision of legislative regulation, giving rise to disputes about the legality of construction work performed (issues of differentiation between capital and non-capital objects, between redevelopment and reconstruction, etc.).
In particular, the presence of registered rights to a real estate property does not exclude in the future the risk of presenting claims related to its classification as unauthorized buildings. In this connection it is required:
- professional legal support for new construction and reconstruction;
- checking the purchased property to ensure that the construction is legal and that there are no signs of unauthorized reconstruction.
Thus, at present, in the territory of Moscow and the Moscow region, state bodies and local governments are carrying out a large number of control measures aimed at suppressing unauthorized construction.
This is a reaction of the state authorities to the increasing cases of unauthorized construction, when new capital construction projects are built or old ones are reconstructed without the owners collecting the appropriate permitting documentation or when land users violate the types of permitted use of land plots.
At the same time, very often claims are made against bona fide property owners who had no intention of unauthorized construction.
The concept of unauthorized construction
The Civil Code establishes that unauthorized construction means a building, structure or other structure erected or created on a land plot that is not provided in the prescribed manner, or on a land plot whose permitted use does not allow the construction of a given object on it, or created without receiving permission. this is necessary permits or in violation of town planning and building codes and regulations.
Despite non-compliance with the rules for the construction of objects, there is a list of objects that under no circumstances can be recognized as unauthorized construction objects :
- Non-residential properties that were built before January 1, 1995, i.e. before the entry into force of the first part of the Civil Code of the Russian Federation;
- Non-capital objects are buildings that do not have the characteristics of a capital construction object.
In accordance with the Civil Code of the Russian Federation, the demolition of unauthorized construction projects occurs in two ways - in an administrative (extrajudicial) procedure or on the basis of a court decision that has entered into legal force (judicial procedure).
The extrajudicial procedure for the demolition of unauthorized construction projects is carried out on the basis of decisions of local government bodies (in Moscow - on the basis of a resolution of the Moscow Government, in the Moscow region - on the basis of decisions of the head or administration of a municipal district or city district). An unauthorized building is demolished out of court if the site occupied by the object is located on public territory or in an area with special conditions for the use of the territory.
In all other cases, the demolition of an unauthorized structure may only be possible on the basis of a decision of a court of general jurisdiction or an arbitration court that has entered into legal force.
In addition to challenging the decisions of state bodies and local governments in court and defending against a claim for the demolition of an unauthorized building in court, there is the possibility provided for by law to recognize in court the right of ownership of an unauthorized construction site. However, not everyone can realize this opportunity: this can be done by owners of land plots or land users on the right of lifelong inheritable ownership or permanent (indefinite) use, while simultaneously meeting a number of conditions.
If it is impossible to recognize ownership of a property for various reasons, then it is possible to prevent the demands of state bodies and local governments to demolish an unauthorized building in other ways), in particular, by declaring the expiration of the statute of limitations. To do this, in turn, it will be necessary to prove when the authorized bodies learned about the presence of an object with specific characteristics on the site.
In most cases, disputes about unauthorized construction involve the conduct of forensic examinations - construction and other. Including on issues of how long ago the object was erected, the presence of signs of reconstruction, compliance with building codes, etc.
The DVA M Legal Center is ready to assist in the selection of qualified experts to conduct forensic examinations and prepare extrajudicial opinions on issues related to unauthorized construction.
Unauthorized reconstruction
It is worth noting that the concept of unauthorized construction includes not only the construction of a building, but also the reconstruction of a real estate property. But only if, as a result of reconstruction, a new property is created. Moreover, the criteria by which the court classifies reconstruction as related to the creation of a new facility are, in practice, very ambiguous.
At the same time, certain types of changes to a real estate property can be made without obtaining permits. Thus, internal redevelopment of non-residential buildings, replacement of individual building structures without changing the area does not constitute reconstruction and cannot lead to the recognition of an object as an unauthorized construction.
The situation is more complicated with an extension or superstructure, as well as with the creation of additional usable space in the existing volume (construction of mezzanines, etc.). But even in such cases, it can often be justified that construction work carried out without permission does not fall under the definition of unauthorized reconstruction
Another specific feature of disputes about unauthorized reconstruction is that a demand for the demolition of the entire reconstructed object can be made only if it is proven that it is impossible to restore it to its original state. The question of the possibility of returning an object to its original form without destroying it, as a rule, is resolved within the framework of a forensic examination.
Denials of public services due to the identification of unauthorized construction
Land users who intend to lease or own a plot of land on which their property is located may also face issues of unauthorized construction. Quite often, authorized bodies refuse to purchase built-up plots due to the presence of an object on the site that has signs of unauthorized construction. Including due to the presence of extensions, outbuildings, etc., even of a small area. This refusal may be challenged in court.
Similarly, there are, especially in Moscow, refusals on this basis to provide various government services that are not directly related to the provision of land. For example, in dividing a plot of land, changing its permitted use, etc. Such refusals, in most cases, can also be successfully challenged.
Checking existing facilities for legality of construction
We also note that the requirement to demolish an unauthorized building may be presented to the owners of real estate properties who purchased the specified objects but did not participate in their construction. In this regard, potential real estate buyers need to obtain a qualified verification of the legal purity of real estate and land plots. In the process of checking real estate before purchase, it is clarified not only the validity of the seller’s rights to the property, but also the legality of its construction, whether the object has undergone reconstruction, whether the seller has received the appropriate permits for construction or reconstruction, etc.
Legal Center DVA M provides legal services for judicial representation of property owners and land users in disputes with government agencies and local governments of Moscow and the Moscow region related to unauthorized construction projects.
Legalization of an unauthorized construction project is a rather labor-intensive process of legal examination. And therefore, the rich experience of our lawyers in representing the interests of our clients in judicial and administrative procedures will allow us to effectively protect your rights and legitimate interests in the field of unauthorized construction.
Validity period of the building permit
As already mentioned, a building permit is valid for 10 years. If you do not have time to build a house within the specified period, then you must submit an application for extension 60 days before its completion (Clause 20, Article 51 of the Civil Code of the Russian Federation). You must also submit an application to your local administration.
What to do if it's overdue?
Even if you did not submit an application 60 days before the building permit expires, you cannot be denied an extension for this reason. There is only one reason - you are already building a house. Even if you just poured the foundation, that also counts.
This reason is stated in paragraph 20 of Art. 51 of the Civil Code of the Russian Federation - if construction, reconstruction or major repairs of a residential building have begun, refusal to extend the validity period of the permit is unlawful. The court adheres to the same opinion (for example, in the Resolution of the Federal Antimonopoly Service of the Moscow Region dated November 28, 2007 No. KA-A41/11901-07 in case No. A41-K2-3411/07).
If you are building a house, but the permit has expired, you have no right to refuse an extension.
Why can they refuse a building permit and what to do?
After submitting an application for a building permit, the administration will check all submitted documents. You will be refused if:
- you have not submitted all documents;
- the site is not intended for the construction of a permanent house;
- the development plan does not meet the minimum requirements.
In the first case, you just need to deliver the necessary papers, in the second - try to transfer the land from agricultural use to land in populated areas. But this is problematic because the boundaries of settlements are strictly defined. In the third case, it is necessary to properly draw up a development plan. There will be no difficulties with this if you contact an architect.
A refusal to issue a permit to build a house can be appealed through the court.
Filing an application to court
When filing a claim in court, the plaintiff must provide documents confirming the construction’s compliance with sanitary and epidemiological, technical, environmental, fire safety, and technical standards. Perhaps written consent to preserve the building from the owners of neighboring buildings. Almost always, an examination is now appointed in the case (a petition for the appointment of a construction examination).
A claim for ownership of an unauthorized construction is being considered according to general rules in a court hearing.
Clarifying questions on the topic
I arbitrarily extended the garage by one meter, since the car did not fit in. When I began to draw up documents for construction, the BTI was forced to file a claim with the court to make changes to the cadastral passport. There are documents for renting the land, the total area of the garage falls within the area of the leased land ,
BTI cannot force you to do something, this is not their competence.
Is it possible to legalize a structure erected without permission on a site that does not belong to it?
No, without registration of rights to a land plot, unauthorized construction cannot be legalized.
The administration of the Novosibirsk region (district) refused to register ownership of a garden house due to the discrepancy between the setbacks of the building from the boundaries of the site (less than 3 meters). The house was built more than 30 years ago, when such rules for garden construction did not exist. There was one rule: the house must stand in the corner of the garden plot and not block the neighboring house. Now the rules are different. The most important question: why does the Administration, in response to my notice of the start of construction, where I reflected the actual size of the setbacks (i.e. less than 3 m), send me an answer about compliance with all parameters? I continue work. I order a technical plan. I send a notification about the completion of construction and receive a refusal!
You could refer to previous regulations if you had registered the rights to the construction on time. Since you submitted your application only now, the rules in force today apply. If you disagree with the actions of the local administration, you can appeal them in court.
Neighbors of the former owner of the land built an unauthorized adobe structure at a distance of 40 cm from the boundary line. The former owner of the land plot did not give consent to the construction of the building. Neighbors turned to the former owner of the land with a request for permission to cover the unauthorized building with bricks. The former owner of the land plot agreed to cover this building with bricks, since he did not know that this building was an unauthorized construction, much less about the easement. When the wife registered this plot as an inheritance, there was no encumbrance. Currently, the owner of the unauthorized building declares that she has the right to store any rubbish near the unauthorized building, on the side of our site, and we must give her the right to walk to the unauthorized building in our yard. Are the demands of the owner of an unauthorized building legal and can the wife demand that the unauthorized building be demolished?
Her demands are not legal. Apply to the court for demolition.
We built a residential building, in 2020 the house was ready for commissioning, provided that the heating system was electric, a technical plan was prepared which stated that the house was ready for commissioning, at that time the building permit was valid. But the administration refused to put it into operation due to lack of gas (we were asked to provide certificates from Gorgaz, the issuance of which was categorically refused to us). This year we gasified the house, at the moment the administration is refusing to put it into operation due to an invalid construction permit, what documents needed to put a residential building into operation through the court
All documents will be similar to those required by the administration. They are listed in the text.
How to calculate the amount of the state duty for a claim for recognition of ownership of an unauthorized building if there is no technical passport for the house, the house as an object of right is accordingly not listed on the State Property Committee, and there is also no estimate of the market value of the unauthorized building? Is it possible to pay GP 300 rubles first? How to apply for claims of a non-property nature and at the same time petition the court for payment of the state duty in installments until the results of the examination are received?
Without a BTI registration certificate, you will not be able to file a claim. Such a claim is of a property nature and is subject to assessment depending on the inventory value of the object. The price of the claim must be indicated in the text of the application.
Owned land and house. But an extension was made to the house. Tell me how to write an application to the court to recognize it as legal. Is it possible by hand?
First, you need to make an expert conclusion that this extension was made in compliance with building codes and regulations and does not violate the legal rights and interests of other persons. Then, based on the expert opinion, you can go to court. The statement of claim can also be written by hand.
They built a residential building, 6x8 meters, 2-storey, frame. Owned land, type of use - individual. housing construction. There is a building permit dated 2020. We have issued technical support for the house. plan. We contacted the administration for a notification of compliance to register ownership of the house. We got a refusal. The reason for the refusal was that the setback from the red line of the street was violated - it was supposed to be at least 5 meters, in fact it was 4.2 meters. Retreats from neighbors' borders are observed. The administration said that now the house can only be legalized through the courts. Questions: 1. Is it necessary in this case to carry out a construction inspection of the house and obtain certificates from Rospotrebnadzor and the pozhnazor? 2. Do you need any certificates from neighbors? 2. how much will the state duty cost (how to calculate) in our case?
This is important to know: Grounds for termination of ownership of a land plot
The court will legalize your construction only if it complies with established norms and rules. If you do not agree with the administration’s refusal, then challenge it in court. If the house was really built with violations, then the court will also refuse. For the court, all documents are needed, as for the administration, in addition to conduct a construction examination and obtain certificates. No certificates are needed from neighbors. The state duty is paid based on the inventory value of the house as assessed by the BTI.
Similar situation. The setback from the red line of the street is more than 5 m, but the setback from the border of neighbors on one side is 1.20 m, instead of 3 m. When we contacted the administration, we received a refusal to approve the house. Construction permission has been received. The State Register suspended registration. Owned land. Who will be the defendant in the claim, the State Register or the city administration? What documents are needed to draw up a statement of claim?
The administration will be responsible. You will need documents for land and for building a house. Keep in mind that the chances in your case are slim. It is better to hire a competent lawyer.
