The legislation establishes a list of permits required to perform certain types of activities. The rules provide for a special procedure for its preparation and issuance. Let us further consider what permits are used in construction .
General information
The construction of new structures, some other construction works are allowed in accordance with the permits. First of all, it includes papers evidencing the provision of a plot of land. Based on them, permits for design are compiled.
Land plot
On any plots, entities carrying out the construction of structures or other works related to buildings (reconstruction, major repairs, for example) must comply with the requirements for the intended purpose. Plots that are owned by the municipality or state can be provided by authorized bodies directly for construction. Users of allotments in their activities should be guided by Article 263 of the Civil Code (paragraph 1). In accordance with it, entities that are not the title owners of the plots should obtain permission from the owner to carry out construction work. It may be contained in a separate paper or included in a contract with the user.
Additionally
If the subject intends to carry out reconstruction or make changes to the existing structure, the initial permit documentation for the construction should also include paper in which the consent of the owner of this building will be. The corresponding requirement is established in Federal Law No. 169, which regulates architectural activities in the Russian Federation. The normative act stipulates that construction work at any object should be carried out with the consent of the owner of the site or building, subject to SNiP and town-planning rules. This provision is present in the 3rd article (part 3, paragraph 2) of the aforementioned Federal Law.
Design permits
It is developed in accordance with SNiP and other norms and rules. Initial permits for construction should be agreed with a number of control bodies. First of all, they include the architecture department, as well as the state control and supervision services. In accordance with the 48th article of the Town Planning Code, design documentation is called documentation, which contains materials presented in text form, as well as in the form of maps and diagrams. It defines architectural, constructive, functional and engineering solutions to ensure work at the facility. Permitting construction documentation is necessary if the proposed measures will affect the safety and reliability characteristics of the structures.
Development
Preparation of permits can be carried out directly by the contractor. The subject is also entitled to involve an organization that has the appropriate license in the development. Before obtaining permits , it is necessary to carry out engineering surveys. Without their results, papers will not be submitted. Investigations can also be performed by the subject itself or by attracting an organization licensed for this.
Required Information
Registration of permits is carried out on the basis of materials that are presented by the interested person (contractor). The necessary information and papers include:
- Terms of Reference. It is presented if the contractor involved a licensed organization in the development of the papers.
- Urban plan of the construction site.
- The results of engineering surveys.
- Documents certifying the use of the allotment in accordance with the intended purpose.
- Technical conditions for joining engineering communications networks.
Sections
In accordance with the general rules, permits in construction include:
- Explanatory Note. It, among other things, should contain the initial data for the development of a construction scheme, reconstruction, overhaul, the results of surveys and technical conditions.
- Drawing of the planning organization of the site. It is carried out in accordance with the urban development plan.
- Architectural decisions.
- Space-planning and structural schemes.
- Information about engineering equipment, support networks, a list of measures for their installation and connection.
- Construction Organization Plan.
- Project of dismantling / demolition of objects, their parts. It is provided if necessary to carry out these works.
- List of activities aimed at protecting the environment.
- The list of work to ensure fire safety.
- List of measures to provide disabled people with access to cultural, medical, sports and other institutions, catering, transport, trade, financial, administrative, business, religious purposes, as well as housing facilities. It is presented in the case of the development of relevant projects.
- Estimated capital construction project financed from budget funds.
Expertise
Permits should be sent for verification. In the case of a positive expert opinion, it is approved. As a rule, this is done by affixing the signature of the official, representative / head of the authorized body and a seal on the title page. The government establishes cases where permits must pass a mandatory audit. In particular, Decree No. 1008 of January 1, 2001 stipulated that an examination should be carried out in respect of all papers relating to measures affecting the structural and other safety and reliability characteristics of structures, regardless of the form of ownership and sources of financing for the facility.
Exceptions
They are constituted by structures for the technical re-equipment, reconstruction, expansion, construction, overhaul, liquidation and conservation of which permits are not provided. In addition, the examination is not carried out for securities:
- For detached objects IZHS not higher than 3 floors.
- Residential buildings no more than three floors, consisting of 10 or less blocks.
- Apartment buildings with a height of not more than 3 floors, including 4 or less block sections. At the same time, each of them should have a separate entrance overlooking the territory of general use.
- Capital construction objects, standing separately, with a height of no more than 2 floors, not intended for production activities and for people to live. Moreover, their total area should not be more than 1.5 thousand square meters. m
- Separately located capital construction objects, the height of which is not more than 2 floors, designed for industrial activity, but for which the creation of sanitary zones is not required, or they are installed within the site.
Subject of verification
It is an assessment of compliance of documentation with the provisions of technical regulations, sanitary-epidemiological, environmental standards, the requirements of state protection of objects of cultural and historical heritage, industrial, fire, nuclear, radiation and other safety, the results of engineering surveys. The objectives of the examination are thus:
- Prevention of the construction of facilities, the construction and operation of which violate the interests and rights of citizens and legal entities or do not meet the requirements of the rules and norms approved in the established manner.
- Evaluation of the effectiveness of capital investments that are directed to the implementation of work from the budget of the appropriate level.
Permits are checked by authorized state bodies or organizations that have state accreditation.
Nuances
In some cases, state expertise and the preparation of additional securities are required. For example, pre-project documentation for structures and other facilities, the construction of which is partially or fully carried out at the expense of budgetary funds, state loans and loans received under state guarantees, other investments coming in the form of state support, is checked before it is approved. A similar rule applies to securities developed for potentially dangerous and especially technically difficult designs, regardless of the sources of financing and type of ownership. With regard to objects whose construction is carried out at the expense of the customer, including those attracted, he decides on the implementation of the state examination. The exception is particularly complex and potentially dangerous structures and structures.
Obtaining permits
After the examination, the positive conclusion of the paper passes approval. The developer, having received the documentation, applies to an authorized organization with an application for the issuance of a building permit and / or warrant. The type of paper will depend on the nature of the work. Under article 51 of the Town Planning Code, a building permit confirms the compliance of the documentation with the requirements of the site plan. This paper gives the subject the right to perform the necessary work at the facility. Permission is granted based on the application. Attached are papers proving rights to the site. In addition, the authorized authority requires approved project documentation. The form in which the application is drawn up, the terms and procedure for its consideration are determined by the Town Planning Code, as well as other regulatory acts. The authorization form is approved by the government.
Required paper
To obtain permission, the developer must submit an application to the authorized body, the executive body of the regional / local government with the application:
- Title papers on the plot.
- I put on the urban development plan.
- Materials present in the design documentation.
- Explanatory Note.
- Scheme of the planning organization of the site. It is carried out in accordance with the allotment plan. The diagram indicates the location of the capital construction object, the walkways and its entrances, the borders of the territories where public easements and archaeological heritage sites operate.
- Drawing of the planning organization of the site. It confirms the location of the linear object within the boundaries of the red lines, which are approved as part of the relevant documentation.
- Schemes representing architectural solutions.
- Information on engineering equipment, a consolidated plan of supply networks with the designation of sections connecting the object to them.
- Construction Organization Project.
- Work plan for dismantling / demolition of objects and their elements (if necessary).
- The positive conclusion of the examination.
- Permits for deviation from the limit indicators of construction / reconstruction.
- Consent of copyright holders to perform work.
- The positive conclusion of non-state examination (if any).
Simplified procedure
It applies if a permit is issued for the construction of an IZhS facility for which project documentation is not prepared. In such a situation, the interested person shall attach to the application:
- Title papers on allotment.
- Urban plan of the site.
- A drawing of the planning organization of the territory on which the location of the IZHS object is indicated.
Actions of authorized bodies
Approved documentation and building permits must be registered with your local government. The authorized body has the right to refuse to issue paper in the absence of the necessary materials or if their information does not comply with the requirements established in the plan or tolerance for deviation from the limit indicators. This decision may be challenged in court. A building permit is granted without charge. This paper has a specific validity period of 10 years for IZHS objects. The period for other structures is set in accordance with the construction project.
Responsibility
Violation of the established procedure for issuing permits is punishable by law. Responsibility is established by the Code of Administrative Offenses. In accordance with Art. 8.4 entities that have not complied with the requirements of the law on the mandatory state examination, as well as persons implementing or financing projects that must pass an audit who have not received a positive opinion, are punished by an administrative fine. The amount of recovery for citizens - 10-15, officials - 30-50, organizations - 400-500 minimum wage. Administrative liability may be applied to entities carrying out activities that do not comply with the documentation for which a positive opinion was issued. In this case, fines for citizens are 15-20 minimum wages, for officials and organizations their size is similar to the above figures. The construction of structures and buildings for non-production and industrial purposes, IZHS objects without permission entails the imposition of an administrative penalty in accordance with Art. 9.5, paragraph 1 of the Code of Administrative Offenses. For citizens, the fine is 3-5, officials - 5-10, organizations - 50-100 minimum wages.