Construction permit - a guide to completing all necessary documents (84 photos)

Why were the amendments adopted?

The amendments are intended to streamline individual housing construction. They establish uniform requirements for the construction of residential buildings on land plots provided for the purposes of individual housing construction, running personal subsidiary plots within the boundaries of a settlement, as well as for the construction of residential and garden houses on garden land plots. Maximum building parameters are limited. This change is due to the absence in the legislation, and often in the rules of land use and development, of restrictions on the parameters of such development, which in practice leads to numerous violations, including in terms of the construction of apartment buildings on such land plots. In addition, the mechanism for state construction supervision during the construction of individual housing construction projects has been clarified.

Where to start building a house on a site - all stages, from foundation to roof

• personal interests . First of all, set the direction for the search. Perhaps there are memories associated with a certain place, or you want a plot near the water, or in the forest, etc.;

• location . More in demand are plots located within the city or at a distance of 10-15 km from it;

• plot dimensions . Affect the scale of construction. In construction, the proportion is 1:10. That is, on a plot of 6 acres it would be appropriate to build a house of 60 square meters. Whether or not to follow this recommendation is up to the owner of the plot, but in the event of a sale it significantly increases the liquidity of the property;

• availability of infrastructure . Even if complete privacy is planned, it is desirable that there be several more buildings located on the development territory, a medical center, a store, a school, etc. This is especially important if the house is intended for a family with children and is planned for year-round living;

• proximity to transport . It is important for car owners to evaluate the quality of access roads and the presence/condition of asphalt pavement. So as not to end up in a situation where, in order to get home, you need to change your car to another one with a higher ground clearance. For those who do not have a car, proximity to public transport is desirable;

• availability of communications . Is it possible to connect to central heating, water supply, sewerage. Are power lines connected to the site? Owners of plots in newly created satellite villages often face this situation;

• state of ecology in the area . It may turn out that living here is fraught with negative consequences (proximity to hazardous production);

• soil type . The choice of foundation and the possibility of constructing a well depend on it. In practice, it may turn out that this soil is generally not suitable for the construction of heavy objects. That is, it is possible to build a summer house or a small dacha on it, but building a two-story house with an attic is unrealistic.

• market value of the plot . It is determined by all parameters together. The final price will depend on the owners of the site and your ability to bargain reasonably.

We recommend reading: How to get money for a funeral

A land plot is a territory that has clearly defined boundaries. At the same time, the surface layer of the earth is also considered private property. The depth of the layer is not prescribed at the legislative level. But it is worth remembering that when you are going to dig a well, you are acting within the framework of your interests. If you plan to drill an artesian well, then you are encroaching on state property, which means that its drilling must be agreed upon and documented.

After submitting the notification, can I build immediately?

Not really, you need to wait for a notification from the local administration about the compliance or non-compliance of the individual housing construction object (garden house) with the established parameters and the admissibility (inadmissibility) of its placement on the land plot. Local authorities within 7 days check the parameters of future construction (primarily to determine whether the construction complies with the type of permitted use of the land plot and its territorial zone in accordance with local development rules) and sends their notification to the applicant. After this, the developer has the legal right to begin construction. The notice is valid for 10 years.

What is a construction permit (notification)

The interpretation of the term “construction permit” is given in paragraph 1 of Art. 51 of the Town Planning Code of the Russian Federation (GrK RF). According to this standard, such a document means an official document that confirms compliance with the project documentation:

• the provisions of the town planning regulations, as well as the planning and land surveying project - if we are talking about the construction of a capital building that is not a linear object,
• requirements set out in the planning and land surveying project - for linear objects,
• requirements stipulated by the territory planning project - during the construction of a linear facility that does not require the formation of a land plot.

In addition to the above, a building permit also confirms the admissibility of placing a capital building on a land plot in accordance with its extensive use and restrictions prescribed in the relevant legislation.

Mention of the need to send and receive notification during the construction of a facility is contained in Art. 51.1 Civil Code of the Russian Federation.

According to the provisions of this article, a notification means a document that confirms the compliance (non-compliance) of the planned individual housing construction project or garden house with the established parameters and the admissibility of placing such buildings on a specific plot of land.

In general, notification and permission give developers the right to begin construction on the site or reconstruction of a permanent structure.

For more information on how to submit a notice of planned construction, read our article.

Sample and form

For both documents mentioned above in the text, the current legislation provides for and approves its own forms.

Thus, the permit form for the construction of a residential building and other capital objects was approved by Order of the Ministry of Construction of Russia dated February 19, 2015 No. 117/pr (Appendix No. 1). This document includes the following information:

1. “Head” of the document – ​​information about the addressee, that is, the developer, is written here. Its full name (if a legal entity) or full name (for citizens), as well as address, postal code and email must be indicated.
2. The name of the document, its number and date of preparation, the name of the department that approved the construction of the declared facility.
3. Characteristics of capital construction - this section provides the following data:

• type of work (construction, reconstruction, etc.),
• the name of the object in accordance with the wording given in the project documentation, as well as information about the examination of these papers,
• land cadastral number,
• information about the town planning plan of the site,
• the total area of ​​the object, as well as the adjacent land plot, the number of floors, including underground, and other information.

1. The final part of the document specifies the validity period of the permit, indicating the basis for its establishment (this may be the corresponding section of the project documentation or a link to a regulatory act), as well as the date and signature of the authorized body that issued this document.

In addition, in some cases, a note may be made in the construction permit to extend its validity period, indicating the corresponding date.

The notification giving permission for the construction of individual housing construction was approved by Order of the Ministry of Construction of Russia dated September 19, 2018 No. 591/pr (Appendix No. 2). The form of this document includes the following information:

1. “Hat” - here the full name of the authority that issued the document is written, as well as full information about the developer (full name/name, location address, contact details).
2. Full title of the document indicating the date of its preparation and registration number.
3. A mark confirming compliance with all standards and granting the right to build the declared individual housing construction project or garden house. At the same time, this section also indicates the details of the construction notice originally sent by the developer. The cadastral number of the plot, its address or description of the location are also written here.
4. At the end of the document there is a signature of the authorized government body (with a transcript) and a date.

Where to apply for construction approval

From the provisions of Art. 51 and 51.1 of the Civil Code of the Russian Federation, it follows that in order to approve the construction of a capital construction project, you should contact the local government body at the location of the land plot. The following cases are exceptions (clauses 5-6 of Article 51 of the Civil Code of the Russian Federation):

• the construction of the facility is planned on land intended for the use of subsoil and provided for these purposes - in this case, you need to apply for permission from the Ministry of Natural Resources and Ecology of Russia,
• it is planned to build or reconstruct a facility intended for the use of nuclear energy - an application should be submitted to Rosatom,
• we are talking about the construction/reconstruction of an object related to space infrastructure - the Roscosmos organization is authorized to issue permission in this case,
• other exceptions provided by law.

In all other situations, you can obtain permission to build a private house and other types of permanent buildings from the district administration of the relevant region/region. For example, in St. Petersburg, the future construction of a house on a site or any other building should be approved by the State Construction Supervision and Expertise Service.

Who should submit

According to the uniform rules, the developer acts as an applicant when issuing a permit (notification) for the construction of an object. This can be an individual or legal entity (organization) planning the construction, reconstruction or modification of a certain capital structure.

Thus, a citizen planning to build a house on his site, or an authorized representative of an organization wishing to begin construction work, can submit documents for the issuance of a permit (notification).

In addition, the developer’s authorized representative can also act as an applicant. In this case, the first person must have a valid power of attorney to perform such actions.

Do I need to obtain permission to put it into operation upon completion of construction?

No, the law provides for the obligation of the developer, within one month after the completion of construction or reconstruction of an individual housing construction project, to submit a notification to the authorized body about the completion of construction of the house. Based on the results of checking such notification, the authorized body will make a decision on the compliance (non-compliance) of the constructed (reconstructed) facility with the established requirements. The notification must be accompanied by a technical plan for the house and a receipt for payment of the state fee for registering ownership of the house.

Do I need permission for individual housing construction?

Until recently, developers who planned to build individual housing construction projects or garden houses were generally required to obtain permission to build an individual residential building. However, in 2021, for such categories of buildings, the approval procedure has been somewhat simplified.

Thus, the Law of the Russian Federation of August 3, 2021 No. 340-FZ abolished the need to obtain permission for individual housing construction or a garden house. Starting from this time, the previous procedure was replaced by a notification procedure.

Now, in order to approve the start of construction, the owner must first submit a notice of planned work to the permitting authority. After the inspection is completed, the authorized agency will issue another notice of the construction’s compliance or non-compliance with all necessary requirements and standards.

When permission is required instead of notice

As an example, we can cite the following cases in which obtaining a building permit is mandatory:

• construction of an apartment building,
• construction of hydraulic structures,
• construction of facilities related to mining,
• carrying out work on the creation of roads and railways intended for public use,
• other cases.

How and where to get permission

The choice of the department to which to contact to obtain such a document depends on the type of facility whose construction is planned. The following options are possible here:

• local authorities located on the territory of the land plot (in most cases),
• Rosatom organization (for nuclear energy facilities),
• Roscosmos (during the construction/reconstruction of buildings in the field of space infrastructure),
• Ministry of Construction of the Russian Federation (when constructing a facility on the territory of two or more regions),
• other authorized government bodies.

In general, the procedure for obtaining a building permit includes the following steps:

1. Preparation of an application according to the approved form.
2. Collection of documents.
3. Submission of a complete package of papers to the government department authorized to issue construction permits. This can be done through the MFC.
4. Next, you need to wait until the end of the verification stage of the submitted documents. If everything is in order, the applicant will be issued a permit.

List of documents

To obtain the right to begin construction of a planned facility, the developer must attach the following list of documents to his application (Clause 7, Article 51 of the Civil Code of the Russian Federation):

• documents confirming land ownership,
• urban plan of the site,
• results of engineering surveys, including an explanatory note, site plan, etc.,
• a positive conclusion prepared based on the results of the examination of project documentation. Moreover, if it was carried out by a non-governmental organization, then you also need to attach a certificate of its accreditation (copy),
• paper giving the right to deviate from the established parameters of permitted construction,
• consent of all persons to carry out reconstruction of the object, in whose ownership it is included,
• documents for cultural heritage objects provided by law,
• other papers.

It is worth noting that the documents listed above in full are not required in every case, but based on the specific situation and features of future construction.

How long is a permit to build a house valid?

According to paragraph 19 of Art. 51 of the Civil Code of the Russian Federation, such a document is issued for the period of time provided for within the framework of the construction project. At the same time, at the request of the developer, permission can be issued for carrying out only individual stages.

Read more about the validity period of the permit in our article.

Deadlines

In accordance with paragraph 11 of Art. 51 of the Civil Code of the Russian Federation, verification of submitted documents and issuance of a permit for the construction of a capital facility takes 5 working days. This period is calculated from the day the documents are submitted. As a last resort, you can extend the permit for up to 3 years.