Permission to build a house on your own site: documents, validity period, design features

Many owners of plots of land dream of building a cozy house, which will be built taking into account all technical standards and their own preferences. But the fulfillment of the dream is often postponed: to begin any work, you will need permission to build a house on your own site - in 2022, without approval, it will not be possible to obtain a construction loan, connect communications, or register ownership of the erected building. But it is quite possible to be fined for breaking the law.

Construction begins with the development of design and permitting documentation Source schoice.ru

What is a building permit?

In fact, this is a document that confirms:

the right of the owner to erect an individual building on a plot of land belonging to him;
compliance of the developed project with the urban planning plan of the land plot.

Issues related to the execution of a permit document are regulated by the Town Planning Code (Article 51), where it is noted that it represents the following set of information:

site design;
results of the survey (if necessary);
what actions can be taken in the future with the constructed building.

Any actions related to the construction of a residential building are subject to approval. Source ya-kadastr.ru
If the intention to build your house is firm, first you should decide whether you need permission to build a house on your own site. In 2022, it will not be possible to do without it only on the grounds that the land is registered as a property, that we are talking about an individual housing construction site (individual residential construction).

Obtaining approval is mandatory for land plots for individual housing construction, regardless of whether the house will be built on a rented or own plot. In addition, without permitting documentation, it will be difficult to register a house in the cadastral register, since it will be necessary to legitimize the self-construction through the court.

What kind of private housing can be built

On individual housing construction lands, it is allowed to build detached residential buildings that meet the basic conditions (clause 39, article 1 of the Town Planning Code):

height – up to 20 m;
number of storeys – up to 3 levels (above ground).

Private construction of individual housing construction, including residential and auxiliary premises, is intended exclusively to satisfy the household and other living needs of citizens. Division of individual housing construction into independent real estate objects is not permitted. The conditions for the design and construction of an individual housing construction cottage must comply with current rules (for example, SP 30-102-99).

Why do you need a permit?

The document gives the owner the right to take any actions regarding the building:

construction;
reconstruction;
repair work.

With a permit in hand, you do not have to worry about litigation over the boundaries of the site. The owner has access to lending and the use of maternity capital.

The speed of making a decision on permission to build a residential building depends on how carefully and correctly the development of the house project is carried out. Source domzone.pl
Part of the land may fall into an environmental protection zone or security communications zones may be located on it. Such nuances limit construction possibilities. But the landowner may not know about them before receiving approval.

A building erected without a permit is difficult to legitimize. You will have to go to court to have the building recognized as your property. But in this case, government agencies legally recognize it as self-construction. You can obtain the appropriate document, but this will be the right of ownership of the self-construction.

When is a permit issued?

The decisive factor in the need to obtain approval for construction work is the type of land permit:

For areas allocated for individual housing construction, the document is drawn up before the start of any work.
If the land was provided for a summer house or garden, then permission to build a country house will not be required.

You can safely build without approvals:

any structure on a site allocated for a summer cottage or garden (on agricultural land), without the right to register it as a residential premises - such a structure will be considered a temporary structure;

To build a temporary garden house on a dacha plot, a permit for the construction of a dacha house is not required Source cdt-kolokolchik.ru

any non-permanent building (bathhouse or garage, shed or greenhouses) on a personal plot.

In the second case, the main condition is that the object being built should not be used for commercial purposes.

The procedure for obtaining permission at different stages of construction

When reconstructing several buildings located on the same plot of land, if one of them is put into operation earlier than the others and is used independently of other parts of the whole object, the concept of the reconstruction stage is defined.

A separate permit is issued for the reconstruction stages. This is necessary if the design documentation requires passing a state examination. In this case, at the initiative of the developer, the preparation of project documentation is carried out for each stage.

Registration of permission

The easiest option is to apply to the MFC (multifunctional center). You can also pick up the completed approval here.

But if you want to receive more detailed recommendations from specialists on the set of documents and on the procedure for obtaining a completed approval, it is better to contact the territorial department of architecture. The engineering workers of this body are directly involved in obtaining permission to build an individual residential building.

The final check and registration of permission to build a house on your own site is carried out by the architecture department Source moydom.media

See also: Catalog of companies that specialize in house design

An individual developer may be faced with the need for additional approvals:

for work related to subsoil use, consent is issued by the Russian Ministry of Natural Resources;
To register construction work near nuclear facilities, you will have to visit the Federal Service for Environmental, Technological and Nuclear Supervision.

Not all land owners require additional approvals

The procedure for issuing a permit through the MFC and State Services

State Services Portal:

go to the government services website using your account or register;
find the section “Apartment, construction and land”
choose ;
select electronic submission;
After reading the information, click “Get a service”;
fill out an application;
upload all scanned documents according to the list;
choose the result of receiving the service - electronic or paper form;
click “Submit data”.

The result of receiving the service is provided after 10 days.

MFC:

Permission can be obtained from the nearest MFC branch in the city or other locality where the site is located.
The developer or his legal representative, acting at his direction on the basis of a notarized power of attorney (contractor, lawyer or other authorized representative), submits an application for a Permit (the document is issued in the name of the land owner, so the full name of the developer will be indicated in it).
At the reception at the MFC, the specialist, in accordance with the established regulations for receipt, accepts the package of necessary documents, provides an application form to fill out, and sends a request for the provision of services to the appropriate administration, according to the location of the site and the purpose of the future facility. The applicant is given a receipt for the receipt of documents, which indicates the date of issue of the result.
After checking the documentation for compliance, the institution within whose jurisdiction this issue is resolved issues a Permit or refuses to issue it within 10 days.
The result of the response is sent to the MFC at the place of submission of documents or in another proposed way.

Deadlines

Service delivery period:

issuance of Permit - 10 days;
extension of deadlines - 5 days;
making changes due to a change of owner - 10 days;
making changes to the Permit - 5 days;
issuance of a duplicate – 5 days.

Read more about the deadlines for obtaining permission in this article.

How much does it cost to issue?

Permits for construction and reconstruction are issued free of charge.

Refusal and reasons

Refusal or suspension:

lack of one or more required documents;
inconsistency of the project with the urban plan;
deviation from the permissible limit parameters of permitted construction;
expired Permit without starting construction work (when applying for an extension).

Find even more information about obtaining permission through the MFC here, and through the State portal here[/anchor].

Video description

Issues related to obtaining permission to build a house on a site are discussed in detail in the video:

Required documents

The list of required documents includes:

identification card of the landowner (if registration is carried out through a representative - power of attorney);
documentation establishing the legal right to the land plot;
urban planning plan;
project documentation, including information about utilities, explanatory notes, etc.;
positive opinion from an independent expert (if her expertise is required).

Important! If the examination was carried out by a non-state body, a document confirming the authority of the organization is required.

Sample urban planning plan for a land plot Source 2ann.ru
The authorized body is given 10 days to check the submitted documentation, including reconciliation of the project with the urban planning plan.

As a result, the permit will either be granted or denied.

Reasons for refusal

When submitting documents, the reason for refusal may be:

incomplete set of documents;
the papers do not meet the established requirements;
an inappropriate person applied.

Refusal after review of documents:

the dimensions or technical and economic indicators of the future structure do not comply with the Civil Code of the Russian Federation.

Some of the problems that arise can be resolved on the spot. If controversial situations arise, the decision must be challenged in court. This can be done immediately after receiving an official response about the refusal.

To challenge a decision in court, receive an official refusal Source kazned.ru

What does the document look like?

Form approved by Order of the Ministry of Construction dated February 19, 2015 No. 117/pr. and includes the following information:

Full name of the land owner;
date of issue;
number, (example: No. RU12345678-9);
type - construction or reconstruction;
purpose of the object, for example “office building”, “residential building”;
urban plan number;
information about the project (when and by whom it was developed);
characteristics - size of the site and building, construction volume, number of storeys;
address;
validity;
date, signature of an authorized person, seal.

Sample document with a building permit:

The document is issued in accordance with the town planning code.

Duration and termination of the permit

A permit for the construction of an individual residential building received in 2022 remains valid for 10 years. This period is sufficient to complete the construction of a construction project (possibly reconstruction).

If necessary, you can temporarily freeze construction work - the permit to build a private housing construction building remains valid for 10 years Source proektproekt.com

The developer must, within 10 working days after receiving the approval, provide the authority that issued it with additional documentation on the number of floors, utility networks, area of the facility, etc.

The document will be suspended temporarily if:

special work is carried out without the required permission;
there is a threat to the health and life of people;
the rights to use neighboring land plots were violated.

If the violations are eliminated completely (this takes from 10 to 90 days), the permit is renewed. However, the deadlines allotted for construction will not be postponed.

The validity period can be extended by a maximum of 3 months if construction work has already begun.

To do this, you need to adjust the schedule and, together with the rest of the documentation, transfer it to the institution that issued the permit. This must be done 60 days before the end of the approved period.

If construction work is already underway, then, if necessary, you can extend the approved time frame by 3 months Source gorod-novoross.ru

It is possible to completely cancel the validity of the permit if

the reasons why the permit was suspended have not been eliminated;
continuation of work renewed the threat to the population;
damage to utility networks is caused;
urban planning, sanitary or construction standards are violated;
significant violations of the project are identified;
contractual obligations are ignored when performing construction or reconstruction work;
Three months were not enough to eliminate violations that threatened people’s lives and health.

To resume work in such cases, you will have to obtain a new permit.

What is a temporary permit and how to get it?

Preparing a site for work takes a lot of time, therefore, in order to reduce the overall construction period, it is envisaged to obtain a temporary permit, which provides the legal right to preliminary equipment of the above-mentioned site while the main permitting document is being agreed upon.

The time gain is approximately a month. To begin preparatory work, a city plan of the site is required (valid for 3 years).

Having received a temporary permit to prepare the site, you can do the following:

dismantling of existing buildings;
clearing the site of debris;
geodetic works;
layout of roads and utility networks.

A temporary permit only allows for the preparation of a construction site. It is prohibited to begin other work, such as laying a foundation, during this period! This requires obtaining a Permit.

Video description

About what changes have been made to the procedure for registering real estate under the amnesty, in the video:
Until March 1, 2022, unauthorized buildings that were erected by many landowners without permits can be legalized.

It will be possible to register ownership of the land until the end of 2022.

These rules do not apply to owners who plan to make any transaction with unfinished housing. To register a “work in progress” you will need permission.

When registering real estate according to a simplified scheme, the owner may receive a categorical refusal if:

there is no information in the household books about the transfer of land into his possession;
information about the areas and boundaries of the site in the documents provided differs from the information entered into the Rosreestr database for a specific site (territory);
construction started before Federal Law No. 93 came into force

Not everything can be legalized under the dacha amnesty Source geopnz.ru

Distance from neighbors

On the territory for individual residential development, the location of all objects from the neighboring site must be strictly regulated. Wherein:

The distance to a one- or two-apartment house must be maintained at least 3 m;
The distance from the premises for livestock and poultry is 4 m;
1 m must be left to auxiliary outbuildings, trunks of small trees, and shrubs;
The distance for old tall trees is planned to be at least 4 m.

If you plan to build a one- or two-apartment house, the windows and walls of the neighboring cottage, sauna, garage or barn must be at least 6 meters away.

Registration of ownership rights to individual housing construction objects

Rosreestr and its terrestrial agencies are engaged in registering property rights to private residential buildings. The fee for this service is 350 rubles.

When data on a land plot is available in the Unified State Register of Registers, that is, it is registered as a property, you will need, in addition to the application:

civil passport of the owner (representative with power of attorney);
cadastral passport;
receipt of payment of state duty.

If the land is not registered, you must additionally present:

title document for the land plot;
papers confirming that the individual housing construction project is located on the territory of this site.

Papers are reviewed within 10 working days. The applicant is issued certificates of ownership:

to an individual housing construction project;
on a plot of land (if necessary).

Only after receiving a certificate of registration of property, the owner has the right to dispose of the property. Source znatokdeneg.ru
Registration may be suspended or denied altogether. This happens due to the lack of information about the registered plot of land in the state real estate cadastre.

Requirements for borrowers

According to the expert, banks treat their borrowers individually. It is not uncommon for a person to receive refusals from four financial institutions and approval from a fifth. General rules for refusing approval:

current loan debt;
low credit rating;
bankruptcy of the borrower in the last five years;
high debt burden;
debts from enforcement proceedings (fines, alimony);
low liquidity of the facility under construction;
age above the “threshold”.

At the same time, attitudes towards the age of borrowers are becoming more and more loyal. Some financial institutions limit it to 65 years, as there is a noticeable tendency among Russians to strive to meet their retirement with dignity in a private home.

“Houses built for personal use and especially according to their own design have low liquidity,” explains real estate investment expert Andrei Mozol. “This means that when trying to sell such a house, the seller will face low demand. Homes typically take three to five years to sell. The exception is the last year and a half, when increased demand was stimulated by the pandemic.”

According to the expert, this is the main reason why banks refuse to issue mortgages or increase the interest rate, thereby reducing the demand for these loan products. Banking organizations see such lending as a risk, since if the debtor stops paying the mortgage, the property will have to be put up for auction and there is a high probability that it will not be sold at a price close to the market price.

WHEN CAN YOU NOT GIVE PERMISSION?

The considered procedure for obtaining a permit is simple, and with the right approach, obtaining paper with approval for the construction of a private house is not difficult. But there are situations when such documentation is not necessary. In 2022, bureaucratic procedures can be avoided for the following objects:

A garage that is being built on land allocated for personal use. However, commercial activities are prohibited.
A plot of land (PL) is provided for vegetable gardening or horticultural purposes.
The structure does not belong to the capital construction project (pavilion, kiosk, etc.).
Minor changes are made to structural elements.

PROS

If they have their own land, people often decide to build a private house (individual housing construction project). In this case, the owner has a number of advantages:

LUs have the right to participate in various government programs.
A person does not depend on other owners (provided that the plot is not owned by a group of people).
It is possible to construct a residential building without restrictions and additional problems.
The owner has the right to be assigned to the property and use the services of hospital, government and other institutions.