Building your own home has always been considered a difficult task. And the point here is not even that the construction of housing requires decent amounts of savings. Many people refuse this venture due to the fact that they do not know where to start work on their site. They are very frightened by the risk of making a mistake, significant costs, as well as the collection and execution of necessary documents.
What is IZHS?
This abbreviation stands for individual housing construction. Moreover, the indicated concept includes the construction of a building on a personal land plot.
As an object IZHS can serve not only a residential building. It can be a superstructure or extension, a garage and other capital type buildings. That is, IZHS - these are the buildings for which it is necessary to obtain permission from the territorial authorities, and in some cases from the neighbors.
Land issue
For the construction of any house you will need the territory on which it will stand. And it should be your own land. What applies to him? This is a territory where there are clearly defined boundaries. Private property is considered the topsoil. As for its depths, nothing is said about them in the existing legislative acts. That is why before drilling an artesian well, it is necessary to coordinate and document their actions.
It is allowed to build your house without any questions on the site that was specially allocated for individual housing construction. Construction is also possible in areas intended for the maintenance of subsidiary personal farming. However, in this case there are some nuances. So, the plot allocated for personal subsidiary plots may be located either within the boundaries of settlements (in this case it is called a personal plot) or behind it.
On the land located in the village, city, etc., you can build almost anything you want. This is a residential building, and domestic, industrial and other structures, buildings and structures. In this case, of course, it is necessary to comply with environmental, construction, fire, sanitary and other standards and rules. As for field plots, such work is prohibited on it. Use of such territories is possible only for growing agricultural crops. It is forbidden to erect a house or cottage in field plots.
The land area can be allocated and for the suburban economy. In this case, various options are also possible. There are such summer cottages on which it is allowed not only to build a house, but also to register in it in the future and live permanently. However, there are no restrictions for such a procedure. However, there are also garden areas where only residential buildings can be built. What are the differences between such structures from houses? Only at registration. To register a person in a residential building is not permitted by law.
Important document
In order to erect any low-rise building on your territory, you need to get permission to build a house on your own site. This is a very important and necessary paper to start work, which is approved by the Town Planning Code of Russia.
According to this normative act, a permit to build a house on its own site is a document giving the right to erect and reconstruct individual housing construction objects. On its basis, overhauls of existing buildings are quite legitimate. In addition, the presence of such a permit indicates the conformity of the developed project documentation to the requirements that are presented to the urban development plan of the land plot.
The need to obtain
Many people think about whether permission to build a house on their own land is needed. At the same time, some intermediary and law firms often scare developers that this procedure is too complicated. However, no supernatural effort is needed. Moreover, unauthorized construction threatens with a fine or demolition of the building. Similar liability measures are provided for by civil law. Construction carried out without a permit is considered an administrative offense, as described in Art. 95 Administrative Code of Russia.
Thus, in all regions of our country, permission is required to build a house on its own site, whether it is Saratov or Moscow, St. Petersburg or Samara. The law for all regions is the same, as well as the passage of procedures for drawing up the relevant approval.
Where to apply for?
The permit for the construction of a house on its own plot is issued by local authorities located at the location of the territory intended for private housing construction. Typically, these issues are managed by the architecture department.
How to get permission to build a house on your site? To do this, you will need to draw up an application and attach the following documents to it:
- plan of the available land;
- documents for the allocation of territory;
- a scheme of the planning organization of the site, on which the place of the planned IZHS object is indicated.
After submitting the application, local governments are given ten days to verify the submitted package of documents. And only then can a permit be issued to build a house on its own plot. The validity of this document is two years. During this time, the planned work should be started. Moreover, the issued permission to build a house on the site does not lose its power when selling land to another person.
Bodies representing local government have the right to refuse to issue such a document. This is possible in the absence of all necessary papers or their non-compliance with the requirements of the urban development plan. Such refusals are allowed to appeal in court.
Construction on the territory of the gardening partnership
In order to obtain permission for the construction of buildings in the village, on lands intended for private housing and in summer cottages, you will need to go through the appropriate procedures, which have some differences from each other. Consider the list of documents required to start construction in a horticultural partnership.
At the initial stage, a number of documents are provided to the territorial rural district:
- passport;
- The original and a copy of the certificate of land;
- application for a permit.
After considering this issue, the Rural District adopts a resolution on building permits and issues it in duplicate.
Next, you will need to develop design documentation for the house. It can be purchased ready-made or ordered at an organization that has the appropriate license.
The next step will be to contact the department of geo-surveillance of district architecture. After leaving the site, its specialists must submit an act in which a breakdown of the boundaries of the territory and the axes of the future structure will be indicated.
Further, the developer will need to wait for the construction passport of his facility, which is ordered in the District Architecture, to be received. To obtain such a document, you must present:
- original and copy of passport;
- plan of the plot, as well as a certificate of land;
- an application for permission to build a house, written in the name of the head of the district administration;
- an application or resolution of a rural district authorizing construction;
- a copy of the license for design work certified in the prescribed manner;
- a survey plan and an act of survey of the site.
After the Department of Architecture and Urban Planning of the district develops a construction passport, the plan for the location of the buildings in it is subject to approval by the GPN (Gospozhnadzor) and the SSES (State Sanitary Inspection). There are cases when overground or underground communications pass through the site. In this situation, the developer will need to obtain approval from the relevant organizations.
Permission to build a house on a garden plot is not issued without an SSES mark. It should be affixed to the plan where the placement of buildings is noted. For such approval, the developer must submit:
- certificate of land (copy);
- a plan for finding buildings within the boundaries of its territory;
- a certificate of the availability of existing and planned for the construction of life support systems;
- The conclusion of the SSES, which is in the development project.
The plan indicating the location on the site of the buildings is subject to approval by the GPN. To implement this procedure, the developer will need to submit:
- application for approval;
- a copy of the certificate issued to the ground;
- A certificate of existing and planned for the construction of life-supporting systems;
- a copy of the report issued by the state service detachment, which is in the development project.
Further, in order to obtain permission to build a house on a summer cottage, a plan for finding buildings agreed upon with all authorities is provided to the District Architecture. Only after this is issued a construction passport and all the documentation included in it.
After that, the upcoming construction of the house is registered in Arkhstroyinform, where a certificate of assignment of a registry identifier to the object is issued. For its registration, the developer must submit:
- relevant statement;
- A copy of the certificate confirming the right to land;
- a plan that indicates the location of buildings;
- The project of the house, agreed in UAiG.
Further, the construction is registered in the local branch of the State Agency for Construction Supervision, where a warrant is issued for the construction and installation work. In this case, experts will be asked to submit:
- a copy of the owner’s passport;
- An agreed project of the house;
- construction passport;
- a document confirming the assignment of a registry identifier to an object.
A permit to build a house on a summer cottage will also require a warrant for excavation. It is issued only on the basis of an existing construction passport, registration card and receipt of payment.
Construction of houses on land for private housing and for maintenance of personal household
The procedure for passing instances to obtain such permission is similar to that described above. There are only some minor deviations, which are worth dwelling on. So, in order to get permission to build a house on your own site in the village or within the boundaries intended for private housing, an application should be made for the UAiG employee to leave for the assigned territory. The representative of this organization will give a conclusion on the possibility of building a house. At the same time, he will compare the desired result with a specific situation. Before this, the developer must include the application for a building permit, the application of the rural district, as well as a copy of the certificate of ownership of the land plot to the district administration.
To make an appropriate decision, you will also need an extract from the existing house book. Permission is issued only if there is a copy of the personal account opened at the place of registration, as well as with the simultaneous provision of a topographic plan of the site and the surrounding area, on which above-ground, underground and other communication networks are indicated.
Is permission required?
Do all owners have to have a document of authorities that allows them to start work on their territory? No.
Permission to build a house on your own plot is not required if:
- there are changes in capital structures that do not affect their structural characteristics, as well as the degree of safety and reliability, while also not exceeding the limit parameters established by the urban planning regulations ;
- an individual is planning to build a garage for personal purposes, in addition, this structure will be erected in the territory intended for the placement of a summer residence;
- reconstruction or construction of facilities not related to capital will be carried out;
- It is planned to erect auxiliary structures.
Additional terms
What should be remembered to someone who wants to get permission to build a house on the site? IZHS - this is not all objects of housing individual construction. These include only the house, in which no more than three floors. And in any case, it should be erected to live one family. This criterion is the main one for classifying an object as individual housing construction. Moreover, not only ground, but also underground floors are taken into account. If the criterion for classifying a house as an individual housing construction is not met, then a mandatory project development will be required. It will also be necessary to obtain a state expert opinion on the observance of all building rules and norms in existing documents.
IZhS at a close arrangement of reservoirs
In order to find out whether a permit to build a house on your own site in the water protection zone is needed, you should carefully study the provisions of the Water Code of Russia, which entered into force 1.01. 2007 According to this legislative act, municipal and state rivers, canals and lakes are publicly accessible. That is, people can use any of the reservoirs for domestic and personal needs. A common area is the coastal strip, which is 20 meters wide.
A similar zone of canals, as well as streams and rivers, the length of which does not exceed ten kilometers, is 5 m. Such a small coastal strip cannot be designated for construction and should be left for passage. The same person who built a house for himself in a water protection zone close to canals or streams, will certainly face a large fine and an order to eliminate violations of the law. But this is not limited to the ban. The environmental zone includes those areas near water bodies that differ in special conditions of use. Sometimes on the rivers their width reaches 200 meters. On reservoirs and lakes this distance is less. It does not exceed fifty meters. Sometimes the water protection zone is up to 500 m. Within the boundaries of this territory, all sorts of restrictions on economic activity are introduced.
However, as in every case, there are some nuances. The boundaries of the allocated territory can be located simultaneously in the water protection zone, but at the same time be located far from the water. In this case, there is no ban on the construction of houses and buildings. This is stated in the law, according to which the construction, operation and reconstruction of economic and other facilities are possible at the borders of existing water protection zones. In such cases,
how to get permission to build a house on your site? This will require compliance with certain conditions. So, the construction site should be equipped with structures that serve to protect water bodies from pollution and clogging. So says the water legislation and those regulations that have been adopted by the state in the field of ecology.
Do not forget about the neighbors
In the territory allocated for individual housing construction, the construction of any objects is strictly regulated. At the same time, it is mandatory to observe a certain distance from the planned structure to the neighboring site. This is also an important factor affecting the planning during the construction of low-rise buildings.
Permission to build a house on its own site from neighbors can be obtained only if the distance to the borders of their territory is at least:
- three meters from the walls of a single or semi-detached house;
- four meters from the structure intended for keeping poultry and livestock;
- one meter from other household buildings (garage, bath, etc.);
- one meter from shrubs, two meters from medium-sized trunks, and four from tall trees.
What other conditions can be obtained permission to build a house on your site? If one or two-apartment houses are planned to be built on the territory, the distance from their windows to the walls of the neighboring cottage, bathhouse, garage or barn should not be less than six meters. Outbuildings located on adjacent plots may be blocked. Such structures are built only with the mutual consent of both owners with the obligatory consideration of the requirements imposed by town-planning norms.
Expansion of living space
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- not deviate from the intended purpose of the existing site, while maintaining its housing orientation.
If the building meets all the requirements, then you can safely contact the local authorities, which must issue permits. However, some owners prefer an alternative method, performing the necessary procedure in the reverse order. First, they build a second house, trying not to violate all the requirements established by law, and only after that they try to legitimize their structure. In this case, do you need permission to build a house on your own site? No.
When the building has already been erected, you must go to court. The construction will be assigned to the owner of the land in full compliance with urban development standards. In case of violations, the judiciary may decide to demolish the illegally constructed house.