Notice of commencement of construction instead of a building permit

Obtaining a building permit is required if a permanent building is planned to be built on the site.
It is required when constructing a residential building above three floors, and in some cases when constructing a bathhouse. After receiving a permit, it is important to respect its validity period and, if necessary, renew it in a timely manner.

How long does it take to obtain a permit for the construction of an individual private residential building, how long is it valid after issuance, and how can it be renewed if it is expired? Answers to questions are in the article.

How long does it take to complete a private (individual) residential building?

A construction permit is an official document that confirms the compliance of the submitted project with established standards. It must also comply with the territory survey plan and cannot affect neighboring areas.

It is important to carry out high-quality preparatory work. It is necessary to prepare a complete set of documents, which includes the following:

a statement of the established form, the form of which can be obtained on site;
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title documents for the land plot;
identification document (residence permit, civil passport, refugee or foreign citizen identity card);
urban planning plan of the land plot from BTI;
site plan in the form of a diagram indicating the location for future construction.

After generating a set of documents, you need to contact the district administration or multifunctional center.
Here the application is accepted for further verification. This takes into account the parameters of the site, features of future construction, planned materials, compliance with standards and current regulations. The administration checks the possibility of construction within 7 working days from the date of receipt of the permit . After this, the owner receives notification of the possibility of erecting a building. The period will be minimal if you contact the district administration directly.

If the applicant applies to a multifunctional center, the period is extended by several days. This is due to the need to send documents to the administration at the place of consideration.

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.

How long does it last?

For what period is a permit for the construction of an individual private house issued, and how long is it valid? The validity period of a building permit is established in accordance with the type of object and individual characteristics.

In the case of individual housing construction,
this period is 10 years, in accordance with Part 19 of Art. 51 of the Town Planning Code of the Russian Federation .
In the case of construction of a capital structure by a legal entity, the permit is valid taking into account the prepared and approved project. It also indicates the period during which the organization plans to build the house.

In fact, a building permit is not assigned to a specific owner or applicant. It applies to a specific plot of land.

What to do if it is overdue and construction is not finished?

If the permit has expired, it is likely that the overstaying applicant will be denied renewal . According to recent changes in legislation, a new application must be submitted no later than 10 days before the expiration of the permit.

In case of refusal, it is necessary to apply to the district court with a statement of claim to restore the right. This situation is complex, since documentary evidence is required in court. It is necessary to provide information about the reasons that stopped construction.

Documentary evidence of activity at the site is also provided:

photo and video shooting;
agreement with a construction company;
payment documents on the performance of certain types of work, purchase of construction materials.

If the decision is positive, construction can be resumed, and the deadline is restored based on the judge's order. Otherwise, you have to prepare a full set of documents to obtain a new permit.

It is important to note that the judge does not always side with the owner who filed the complaint. A positive decision is more likely in the following cases:

The construction deadline was missed, but the application was submitted before it expired.
Violations were revealed on the part of responsible persons in the administrations.

There are situations in which it is almost impossible to get a positive decision:

construction was not started, which is confirmed by the lack of documents;
the project has seriously changed as a result of construction, which is unacceptable without submitting appropriate adjustments;
the application was submitted after the permit expired.

In each of these cases, it is better to collect documents for a new consideration. As a result, it is possible to obtain a permit with a standard period of 10 years.

The permit cannot be extended indefinitely. In some cases, it is better to get a new document. No more than 3 years may pass from the date of extension, when construction must be fully completed.

Consequences of delay

The main consequence of delay is that it is almost impossible to obtain the opportunity to extend the permit . This is only possible if it has been possible to prove that construction work has begun.

If in fact they did not begin, it will not be possible to appeal the decision even in court. You will have to collect the documents again and in full.

An application to the administration to obtain a building permit is being prepared. A new land plot planning scheme will be required.

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.

How can I extend?

The developer has the right to extend the building permit . It is important to comply with certain conditions.

The main requirement is that the application must be submitted no later than 60 days before the end of the validity period of the previous permit.

The following conditions must be met when the permit expires:

Preparation of additional documents according to the list of local regulations.
The start of construction is confirmed by documents in the form KS-2 and KS-3, notification of the start of work or a contract.

The administration has the opportunity to refuse an extension if construction work has not even begun. For this reason, it is important to start construction work and only then submit an application. Responsible administration specialists have the right to go to the site to verify that construction work is being carried out.

Required documents

If construction is not completed on time, you must take care of preparing documents in advance.
The following documents will be required:

statement;
initial documents collected for construction;
work status report.

If the deadlines are missed, you will have to prepare a complete set of documents again. It also includes GPZU, title documents for the land plot, and a planning diagram of the land plot.

There is no standardized application form for extending the validity of a building permit. At the same time, there are established requirements for its content.

Step by step procedure

If the permit is about to expire, it must be renewed in a timely manner.
To do this, you can contact the district or city administration in person. You can also submit documents through State Services or MFC. The applicant prepares previously submitted documents and information about the start of construction.

The best solution is to register an unfinished construction project in Rosreestr . In this case, you can first take an extract from the unfinished construction site, which indicates the percentage of construction of the building.

If the continuation of construction is confirmed, the permit is automatically extended for 1-3 years. If the administration refuses, you must contact the district court at the location of the land plot.

In court, it is important to provide documentary evidence of the progress of construction . It does not matter what stage it is in.

Timing and cost

An application to renew a permit must be submitted at least 60 days before the current permit expires. The period for reviewing documents by the administration is 5-7 working days.

Renewal of the permit occurs for 1-3 years. During this time, it is necessary to complete construction and submit a new notice of completion of construction. After this, the documents are submitted for registration to Rosreestr.

In this case, no fee is established for the extension of construction . Expenses will be incurred if the object is registered with Rosreestr after completion of all work.

In this case, paid services are provided only by the cadastral engineer if it is necessary to prepare documents or make changes to the original plan.

What is included in the construction notice?

The notice of planned work shall include the following information:

Name of the self-government body to which the notification is submitted.
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.
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.
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.
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.

Reasons and grounds for refusal to renew

The administration has the legal right to refuse to renew a building permit.
This may happen for the following reasons:

previous permission has expired;
construction work has not started;
the developer did not submit an application to begin construction work (for legal entities).

In this case, the responsible specialist is obliged to provide a reasoned refusal in writing. It must indicate the reason, which cannot contradict current legislation.

What to do if refused?

Regardless of whether the permit has expired, you must contact the administration with an application for its extension. In this case, it is important to begin construction work first and obtain documentary evidence of this. This fact must be recorded in the application.

If the administration refuses to renew the permit, it is important to contact the district court . Here, the main confirmation of the applicant’s correctness is not financial difficulties, but the fact that construction work has begun. It does not matter how long ago they were started. The judge makes a decision based on the facts received.

If the court does not side with the plaintiff, you will have to contact the administration again with a new set of documents. In this case, the documentation is prepared anew, without taking into account the previous permit.

There are situations when the rights of the applicant are violated . Among them are:

Local governments refuse to provide the service.
The refusal was issued on the basis of an incomplete set of documents, and documentation that is not included in the regulations and current requirements is indicated as missing.
The deadlines have been violated by local authorities who are deliberately delaying the procedure.

In the latter case, it is relatively easy to restore the timing. As confirmation of delays, a receipt of receipt of the application or a stamp with the incoming number on the second application form is provided.

Tips to avoid problems

To avoid complications, you must contact the administration with an application in advance.
Thus, the administration may delay the procedure or refuse based on an incomplete set of documents . To prevent this from happening, it is necessary to leave time to thoroughly prepare for a possible failure.

It is important to take care in advance about providing information about the start of construction work. This may be a corresponding act of the administration, the actual situation at the site, an extract from the Unified State Register of Real Estate about the presence of an unfinished construction project. In this case, the percentage of construction can be 5-10%.

The legislation does not establish requirements for the construction stage of a structure, regardless of its purpose . Therefore, even if the administration’s decision is negative, the court in this situation sides with the plaintiff.

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.