If the owner or tenant plans to erect a residential building on a plot of land above three floors, you will need to obtain permission from the local administration (in some cases, permission will also be required for the construction of a bathhouse). When starting construction, it is important to comply with the deadlines specified in the permit, since this process is strictly regulated from a legal point of view.
A construction permit is an official document that confirms the compliance of the submitted project with established standards. Also, the drawn up permit must comply with the land survey plan - the site occupied for construction should not affect the neighboring territory and have clearly defined boundaries.
Deadlines for obtaining a building permit
Applying for construction permits begins with preparing the necessary documents:
• Statement of the established form. Served on paper and filled in by hand. The form can be picked up at the registration point. • Documents for the land plot (document confirming ownership, cadastral passport). • Identity document (passport of a citizen of the Russian Federation, residence permit, identity card of a refugee or foreign citizen). • Urban development plan of the land plot, obtained from the BTI. • Site plan in the form of a diagram indicating the location for future construction. You can also attach a diagram of the planned building, which will display the number and location of rooms, number of floors.
The list of documents is submitted to the local administration or MFC (multifunctional center) for subsequent verification. First of all, the emphasis will be on confirming the authenticity of documents, as well as compliance with norms and current regulations when planning the construction of a residential building.
The process of reviewing documents and checking the feasibility of construction takes 7 working days , after which the owner will receive a notification about the opportunity to begin construction work (if the decision is positive). If you need to make the procedure as fast as possible, you should contact the administration directly, and not the MFC, since in this case the review period will be extended by several days due to the documents being sent for verification.
The validity period of the obtained permit in the case of individual housing construction is 10 years - this point is regulated in accordance with Part 19 of Art. 51 of the Town Planning Code of the Russian Federation. It is important to take into account that this period is assigned not to the owner, but to a specific land plot (that is, if the owner decides to build a residential building in another place, he will also need to issue a permit with a permissible period for construction).
If the start of construction is planned by a legal entity, along with the documents listed above, you will need to provide a prepared and approved project, which will also indicate the period during which it is planned to begin and complete construction work. Based on this document, a permit will be issued.
List of documents for obtaining a construction permit
Before starting construction work, you need to find out what documents are needed for a building permit. A construction permit is a document that can certify that the design documents comply with the requirements and standards of the site plan (urban planning), and provide the developer with full rights to begin the construction process.
In some cases, the law allows you to do without obtaining a construction permit. One of the permitting documents is Federal Law No. 93 of 2006, which defines the concept of “dacha amnesty.”
According to this document, it is not necessary to obtain the consent of the relevant authorities to put a real estate property into use if we are talking about the construction of an individual residential building, which is built on a land plot within the settlement, if this plot is used for farming.
You can obtain permission to put such a dwelling into operation by submitting the established Art. 51 Civil Code of the Russian Federation construction permit. The dacha amnesty allows state registration of the right to this property upon presentation of documents confirming the fact of construction of this real estate object and containing a description of the house. Such a document is exclusively the cadastral passport of an individual residential building.
If such real estate will act as the subject of a transaction in an unfinished state, then prior to state registration it will be necessary to coordinate the construction.
Extension of building permit
If the owner or tenant failed to complete construction work within the period specified in the permit, the permit can be extended (however, an application for extension can be submitted no later than 10 working days before the expiration of the permit itself).
To extend the construction period you will need to provide:
• A new statement, which will indicate the reasons that stopped construction. An important point: financial difficulties should not be cited as the reason for the inability to complete construction work on time, since they are not a legal basis for extending the permit.
This application does not have a strictly regulated form, however, it must necessarily indicate: full name, residential address, contact information (for legal entities - the full address of the location of the enterprise, contact information of the general director or responsible person). It is also advisable to indicate: passport data, details of the title document, information about the existence of rights of third parties, a description of the location of the site or the full cadastral number, information about the parameters of the construction site, indents from the border of the site. • Documentary evidence of activity at the site, namely, photo and video filming, an agreement with the construction company on the start of work, payment documents confirming the purchase of construction materials and equipment, as well as the performance of certain types of work. • Work status report, which includes a list of work already completed and work not yet started.
You should also be prepared for the fact that the person responsible from the administration may go to the site to personally record the fact that construction has begun. An application to extend the construction period is submitted to the local organization (if refused by the administration, to the local court). In case of a positive permit, construction work can be resumed, the extension period will be set according to the judge's order (it is important to note that usually the extension period does not exceed three years). If the extension is refused, you will need to prepare a second package of documents in order to obtain permission to build in a new way.
In what cases is a building permit not issued?
It is not allowed to issue a building permit document from the Civil Code of the Russian Federation if there are no rules for the use of land plots and development, except in cases where:
- construction and re-equipment of federal facilities;
- construction of buildings of regional importance;
- local facilities of municipal regions;
- capital construction buildings on land that is not subject to urban planning laws or they have not been established for them;
- in other cases provided for by federal legislation.
If land owned by the state or municipality is put up for lease as a site for complex development in accordance with the Urban Planning Code, construction permits are issued for the construction of capital facilities - multi-apartment housing in the event of land surveying of such territory and the formation of new sites according to approved planning and subdivision projects.
Validity of a building permit when merging or dividing land plots
If a site is formed by merging two or more lands, all or only one of which has a permit, the legal or physical owner of the new land has the right to build on such a site, taking into account the conditions outlined in the issued permit.
If new plots are formed on the site of the previous one by dividing, redistributing land or separating from existing plots for which there is a construction permit, a legal or physical owner who has a permit and has received the right to own the land can erect a capital plan structure. At the same time, construction on such sites must be subject to the requirements for the placement of facilities in accordance with the law.
The owner of the new land must receive an amended urban plan for the newly formed site on which the building will be erected. The previously valid urban planning plan of the site on which new ones were formed loses its relevance and becomes invalid from the date of issuance of the new document.
If the land is located within the boundaries of the territory on which the linear object provided for in the site planning is located, and if, to obtain a permit, a project developed on the basis of the territory plan in the project documentation was presented, then the developed land layout and site surveying scheme is considered valid, previously received the permission is preserved and no changes are required.
If the license for the use of subsoil has been reissued, the new developer can build and reconstruct a capital structure on land received by the user of the subsoil and necessary for the use of the subsoil in accordance with the previously obtained permit.
Persons who have received land plots for use must write a notification in a letter about the transfer of land and rights to use subsoil into their ownership, indicating the details:
- documents for the right to use land;
- decisions, in accordance with land legislation on the formation of a site, provided for in Part 21.5, Article 20, if it is made by the executive service of the municipal government or local government body;
- urban planning of the land on which a building or structure is to be erected or its reconstruction carried out, the standards are provided in part 21.7 of article 20;
- decisions on the possibility of using subsoil and decisions on transferring a license to the possibility of using subsoil.
Issuance of a permit for the construction of a residential building
To obtain such permission, when developing a planning scheme for organizing the placement of a capital facility, indicating a specific location, one should proceed from the requirements stated in the urban planning plan for the land. Until recently, according to legislative standards, it was necessary to be guided by construction and urban planning conditions, but the Urban Planning Code established the procedure for the work of bodies authorized to issue permits. It describes the actions from the time the application is accepted until the permit is received.
An exhaustive list of reasons why a developer may not receive the required document is provided. One of the significant points of refusal to issue papers may be the discrepancy between the construction documentation and the conditions of the urban planning of the land. The wording of clause 2 of part 11, article 20 previously led to an ambiguous understanding and it was considered that such an action was justified only for objects that required permission for the construction of individual housing.
In order to eliminate this misinterpretation, a significant clarification was made in Article 20, which states that when considering an application, the authorized executive service checks for compliance with the conditions of the urban planning plan not the documents of the designers, but the land organization diagram provided by the developer indicating the location of the building.
If, in accordance with the Federal Law “On the Commencement of the Urban Planning Code of the Russian Federation”, in order to issue a permit, the developer provides not a town planning plan, but a cadastral plan of the land, and a planning and architectural solution, then the authorized body verifies the coincidence of the project not with the town planning plan, but only with the planning decision.
Based on this state of affairs, the executive service body cannot refuse to issue documents for construction due to the inconsistency of the initial project with the conditions of the urban planning plan of the land, but the reason for the refusal may be the inconsistency of the provided documents with the planning and architectural solution.
For obtaining a permit for individual construction, such a case may lead to a refusal to issue it if the planning scheme for organizing the construction of an object, indicating the exact location of its location, may not comply with existing construction and urban planning standards and conditions.
Expiration of the building permit
The validity of permits may be suspended based on the withdrawal of organizations authorized to issue them in the following cases:
- termination of the right to own land and other rights forcibly, this includes the seizure of land in favor of municipal and government services, for the needs of the locality;
- the owner renounces all rights to own the land;
- termination of lease documents and other agreements, as a result of which the rights to own land are terminated;
- expiration of the period of use of subsoil , if a construction permit was issued to the developer to carry out work related to the use of subsoil.
Validity period of the building permit
The permit is issued for the period specified in the project for organizing a capital structure; this does not include cases of issuing a document for individual private construction, provided for in Part 12 of Art. 48, the validity period of which is ten years.
The validity period of the permit may be increased by the federal executive body, the executive power of a constituent entity of the Russian Federation, local government, an organization authorized to carry out state regulation of the use of nuclear power and the disposal of products of its activity, that is, the organization that issued the permit, but in a period no more than 60 days before the end of the permit's validity period.
The executive body may refuse to increase the validity period if construction or repair work was not started before the deadline for filing the application. If an application to increase the validity period is submitted by a developer who attracts money from other persons of physical and legal status on the basis of shared participation , then such application is accompanied by a bank guarantee for the customer’s obligations in transferring housing under the participation agreement.
If the developer has changed his rights to the land, then the validity period of the permit remains the same, in accordance with Part 21.1 of Art. 48.
