The passage of special authorities and control bodies for the implementation of construction activities is usually perceived as a troublesome, excessive and financially costly business. It is difficult to argue that the receipt of the necessary certificates and documents in Russia is accompanied by a mass of unpleasant nuances, which have to spend time and money. However, strict regulation of the construction sector has good reasons, since the operation of buildings and structures should not pose a risk to the safety of people. And yet, not every object can be a danger to life and health, so you should initially decide whether a building permit is needed in a particular case. There are situations when responsible builders apply for such documentation even without obligations to the law. But in most cases, especially individual developers, everyone seeks to circumvent this norm.
Why do I need a building permit?
The procedure for obtaining a building permit is accompanied by measures to verify the design documentation with the technical plan, in accordance with which work operations will be carried out. This is necessary so that the responsible person realizes exactly the object for which permission was obtained. But there are other justifications for the appropriateness of this procedure. The fact is that a deviation from a building permit saves the developer from regulating his activities. Thus, he can build an apartment building in an area that is not intended for this - it is obvious that this will contradict the urban planning plan. In addition, high requirements are imposed on the construction of facilities of this type on the part of technical supervision bodies. Therefore, the lack of permits, even in the case of the construction of a town house, can lead to serious problems. However, if in fact all the other nuances of design were observed, and the object was built on a private and intended for these purposes site, then permission can be obtained after construction.
Which authority issues the permit?
There are different procedures in obtaining this document - individual nuances of its implementation depend on the characteristics of the object and its location in accordance with the plan. In turn, the type of building permit is also determined by the authority for its receipt. The bulk of appeals on this issue goes to local government, where applications are considered as a general rule. But there are also special cases when it is required to appeal, for example, to the territorial department of natural resources. The need for passing this instance may arise if work is planned with the subsoil.
A special procedure for paperwork is also expected if the facility will have to use atomic energy. In such a situation, you should contact the service for technological, environmental and nuclear control. Of course, such cases are rare, and for the most part, developers turn to the local authority issuing a building permit according to general rules. And now it is worth considering in more detail in what situations this procedure does not need to be completed at all.
Construction of engineering networks
One of the main areas of construction work, which eliminates the need to obtain a permit, is the laying, distribution, installation, reconstruction and commissioning of engineering infrastructure networks. But only under certain conditions. For example, the performance of such work without special documentation is allowed if the object comes into the possession of an individual who will not carry out entrepreneurial activity during the operation of the network. Thus, a building permit is not required in case of laying communications from the interface zone with the central support system to the constructed or reconstructed object on land not intended for commercial use.
Technical support of roads
It should be noted right away that in this case we are only talking about the infrastructural support of highways from the general use category in the areas where access to the land plot is carried out. As a rule, these are engineering networks, due to which the communication supply of transition-speed zones, adjacent sections, exits, parking lots, ramps, etc. is provided. A typical example of such a project involves the organization of cable electric lines that connect to linear capital construction projects . In addition, a building permit is not required if it is provided with an engineering infrastructure linking access roads and adjacent structures with the systems of the main transport and communal complex.
Organization of intra-channel networks
The construction of distribution of intra-quarter networks, which are part of the engineering infrastructure, in some cases also does not require special permission. We are talking about air, cable and combined power lines, including electrical installations up to 10 kW and block sewage systems. In addition, a building permit is not required in the case of installation of water pipelines, if the inner diameter of the pipes does not exceed 30 cm. Pressure sewer networks for wastewater can also be included in this category. There are limitations to the construction of gas pipeline intra-channel networks. Without permission, you can organize channels with a pressure level in the range from 0.005 to 0.3 MPa. In this case, the internal diameter of the gas pipes should be no more than 20 cm. In addition to this, it is worth noting the possibility of installing corrosion-resistant electrochemical protection in pipelines and gas control stations.
Construction of auxiliary facilities
This is one of the most popular types of private construction, because of which court disputes often arise. This category includes buildings that are being built on plots that are not intended for carrying out entrepreneurial activities, as well as land for a summer house and gardening. Most often, these are objects that are part of the general infrastructure serving the main residential building. Today, permission is not required to build such auxiliary facilities as baths, barns, garages, wells, etc. True, there are also controversial situations when barns are considered as a separate property. Unfortunately, there are no strict demarcations in the definition of an auxiliary object - it is generally accepted that this is a structure whose purpose is the maintenance of a residential building.
Well construction
The construction of boreholes is precisely the case when it may be necessary to obtain permission from natural resources oversight bodies. An exception are wells that are provided for and approved by legislation on natural resources. This also applies to mining projects. Within the boundaries of a private site, a building permit is not required if it is a question of creating a well up to 5 m deep. This is enough to form wells, but if an artesian well is planned to be constructed, the depth of which can reach 80 m, then appropriate documents may be required. However, here everything is ambiguous, since the use of such objects for their own needs eliminates the need to obtain permission.
Reconstruction work
Restoration and reconstruction activities often involve full-fledged construction, but, of course, the responsibility of such work is not so great. Actually, all operations of this kind can be carried out freely, if it is not planned to divert the boundaries of the protected zones. For example, a building permit is not required in case of reconstruction of a linear facility, which will remain in the former right of way. Work activities themselves may also affect communications related to capital buildings. This may be a water supply system, and sewer infrastructure, as well as local roads.
Temporary Resolution Features
This format of the permit document is designed to facilitate the workflow. The fact is that the passage of the main procedure in some cases can be delayed for a long time. In order not to delay the workflow, you can get a temporary building permit that will allow you to complete individual and less critical stages of the overall project. For example, it can be geodetic operations, preparation of a construction site for laying the foundation, cleaning work, land activities, etc. At the same time, the developer cannot start, for example, building walls. This approach allows you to save time and money, especially in the process of implementing large-scale projects.
What threatens during construction without permission?
Depending on the characteristics of the project and the conditions for its implementation, different measures may be taken within the framework of administrative responsibility. For example, confiscation is a common tool for combating self-construction. This measure applies to individual buildings that were not completed in a timely manner. The same applies to objects that initially did not have permits. But the deprivation of property rights is allowed exclusively within the framework of the judicial procedure. In addition, work without a building permit is not financed by banks under credit programs. But even if the construction is successfully completed, there is a risk that the building will not be connected to central communications, and also will not be assigned a zip code. The most stringent measures involve the demolition of the building, but, again, by court order.
When is approval required?
In addition to permission, in some cases, approval of construction work is required. First of all, the corresponding agreement on holding such events should be with the copyright holder of the neighboring site. This does not mean that you have to negotiate with all the closest owners - we are talking only about land owners who are located at a distance of up to 3 m from the planned construction site. If such approval was not obtained, then this does not threaten anything serious. In any case, the lack of a building permit bodes much more trouble. It will be possible to coordinate the construction with the neighbors in the process of its implementation. Another thing, when it comes to coordination with the fire departments - but this already applies to special purpose facilities.
Conclusion
Most of the questions regarding documents allowing for construction activities relate to private homes. Very often, those who want to get their own cottage tend to get around and avoid the established rules. But, as practice shows, to build without a building permit is unprofitable in all respects. At such a step, developers decide to save time and money. But the consequences of identifying unauthorized construction can result in even greater costs. And this despite the fact that in most cases there are no barriers to obtaining a legal permit. Of course, such work should be performed on a site intended for these purposes and with the availability of well-written technical documentation.