Many citizens acquire land to build their own home. However, not everyone knows that for the construction of a building it is necessary to obtain permission. Without this document, it is impossible to put the house into operation, to connect communications, and the building itself can be declared unauthorized. This, in turn, entails extremely negative consequences for the owner, including the mandatory demolition of the object at their own expense. Let us further consider the features of issuing a building permit.
Relevance of the issue
Today, more and more people are choosing in favor of individual development. Citizens buy land away from the bustle of the city. However, ignorance of the law leads to various problems.
First of all, you need to choose the right site. The fact is that some categories of land are not intended for construction. Accordingly, even if the owner collects the necessary documents, the authorities will refuse him permission.
The easiest way is for those who bought land for private housing. In this case, obtaining permission to build a house on the site will not be difficult.
Documentation
Before you obtain a building permit, you must collect a package of required securities. They should be contacted by the local administration or other body authorized to draw up such documents.
A building permit can be issued by the owner or other legal owner of the land. The following shall be attached to the application:
- Title document to the site.
- Passport of the owner.
- Urban Plan.
- Planning scheme indicating the specific place on which the object will be built.
- Construction project.
The application along with the applications are submitted to the authorized body for consideration. The study of documentation is carried out by a special commission. She decides to issue a building permit or refuse to do so collectively.
The issuance of this document indicates the compliance of the project with the provisions of the law, compliance with sanitary and technical standards.
Project
The most difficult stage is the collection of a package of architectural, construction and engineering documentation. It includes plans:
- General (to the site or locality within which it is located).
- Situational.
- Floors (including basement or basement).
- Overlapping.
- Truss system.
- Foundation.
- Roofing.
The documentation should include electric, gas, water supply, ventilation, sewage, heating circuits.
In addition, you will need:
- Topographic survey of the site.
- Sectional drawing of a house.
- Project passport.
- Estimation with a feasibility study.
Where to order a project?
Technical documentation is developed by specialized organizations licensed to carry out such activities. Experts recommend trusting this work to professionals. Employees of specialized organizations know all applicable norms and rules, therefore, there should be no problems with the approval of the draft. Of course, you have to pay for it. Saving in this case is impractical. If the project is not approved, the construction permit will be refused.
There are many ways to solve the problem. Some owners of sites order an individual project and assign copyright to it. Work on its compilation will be quite expensive. But in this case, the designers will take into account all the features of the area and the wishes of the customer.
The second option is to immediately find a contractor who has several different standard projects. From them you can choose the most suitable. In this case, you can significantly save money and time. As a rule, the projects that the contractor can propose have already passed approval; accordingly, there will be no problems with obtaining a building permit.
Important point
The permission to build a house on your own plot is valid for 10 years. If during this period the work is not started or their volume is less than 95%, you will have to write an application to the authorized body again and collect the entire package of documentation.
Dacha
Do I need permission to build such an object? Citizens ask this question quite often. As a rule, permission to build a house on a plot under private housing construction is not required. If the building is not supposed to be used for permanent residence, then the document also does not need to be received. No permission is required for the construction of a garage, barn, bathhouse.
Meanwhile, these rules are far from valid in all regions. So, if the site is located in the Moscow region, it is more advisable to contact the local government and find out more about the current building procedure. The fact is that the metropolitan region is developing faster than the rest. In this regard, in the area where today permission to build a house on a plot intended for a summer residence was not required, tomorrow it may be needed. A document is necessary if a trunk pipeline will pass near the structure. The construction of a building in this case may pose a security risk.
The consequences of a lack of permission
The legislation clearly regulates the responsibility of individuals for unauthorized construction of facilities. Construction without a building permit is unlawful and entails administrative liability. At the same time, regulatory authorities or persons whose interests are violated can sue. Based on the decision made by the authority, the owner is obligated to demolish the unauthorized building at his own expense.
So, there are cases when whole cottage villages, occupying a large area, were destroyed. One of the striking examples is the situation in s. Bachurino, Moscow Region A huge amount of money was invested in the construction, but by a court decision all the buildings were demolished.
Small villages were also illegally erected, in which retired fishermen lived, who at one time received land for their services to organizations in which they once worked. They built small houses on their allotments, but did not receive permission for them.
To avoid problems, before starting work, you must contact the local executive body that supervises the development and land use, and find out if a building permit is required or not. If it is necessary, and the citizen ignored the requirements or did not know about them and erected the structure, he will be held accountable with all the ensuing consequences. If the owner refuses to demolish the building, it will still be destroyed by the municipality. And the owner will be invoiced to pay the costs incurred by local authorities.
Commissioning
It is carried out if the facility is at least 95% ready. Moreover, it must be suitable for living. For commissioning, you will need a permit to build a house, a statement and a conclusion on the compliance of the facility with current standards. A special commission is being formed to compile it. Its composition should include:
- Specialist of the Committee for Urban Planning and Architecture.
- Representatives of sanitary and epidemiological surveillance and fire service.
- Contractor.
- Developer.
If, based on the results of the inspection, the members of the commission did not have any comments, an act of acceptance of the object is drawn up. It is necessary to attach a registration certificate to the house (issued by the BTI) and the certificate of ownership. These documents should be contacted by the authority that issued the permit for the construction of the house. It will issue an act on the commissioning of the facility.
Reasons for refusal
The act of acceptance of the structure, on the basis of which commissioning is carried out, acts as a confirmation of the completion of the work specified in the approved project. In some cases, it becomes necessary to redevelop the building or change the design. All these measures should be coordinated with the structure that issued the building permit. On its own site, the subject can do whatever he wants, but only within the limits of the current legislation.
If the redevelopment is carried out by the owner without permission, then most likely the acceptance certificate of the building will not be signed. In this case, you need to agree on the changes made and re-compile the application to the commission.
Many citizens consider small differences in the distance from the object to the neighboring house, the road as a trifle. Sometimes the owners, at their own discretion, change the size of the living space, move the kitchen to another room, etc. As a rule, the commission checking the compliance of the property with the approved project refuses to issue an act. And in some cases, the owners are held accountable, and they have the responsibility to demolish the building.
A refusal can also be obtained if the commissioning is carried out after the expiration of the period for which the permit for the construction of a private house is issued. The fact is that during such a period the conditions on the ground can radically change. Accordingly, a project adjustment will be required.
Summer house commissioning
A summer house is a building not intended for permanent residence. The package of documents may vary depending on the area of ββthe object. Let's look at some examples:
- Cottage up to 200 square meters. m, up to 2 fl. with outbuildings up to 100 square meters. m. To put it into operation, it is necessary to submit: a technical passport from the BTI, a commission conclusion, a title document for the site.
- Cottage up to 350 square meters. m, up to 2 fl. with outbuildings commonly. an area of ββless than 150 square meters. m. In order to put such an object into operation, you need a title document for the site, an act of the commission, a registration certificate, the conclusion of the Sanitary and Epidemiological Service and the fire service.
- Cottage more than 350 square meters. m. with outbuildings. Such an object can be commissioned if there is a data sheet, a title document for the site, an act drawn up by the commission, a conclusion of the fire service and sanitary and epidemiological surveillance.
Hozbloki on a site under IZHS
A business unit is a small object of any shape that is not intended for living. Structures such as a barn, a bathhouse, a warehouse built from timber or using frame technology are considered building blocks. They may well have a separate entrance and windows.
Unlike a residential building, a building permit is not required for utility units. There is no need to receive a commissioning certificate. Meanwhile, there are a number of cases where the execution of these documents is mandatory. These may be the following situations:
- The new facility is being built on the site of the old one that was demolished. In this case, the way out of the situation is the execution of documents for demolition, then permission will not be required.
- An extension of the hozblok to the existing residential building is being carried out. In this case, there is a reconstruction of the object. Its implementation requires permission. Without it, the extension will be declared unauthorized.
Garage
This facility can be commissioned if:
- Statements with data on the constructed facility. It must contain an indication of the details of the commission act.
- Title document for the plot (certificate of title to property, lease agreement).
- Cadastral plan, location scheme of the object on the ground.
- Conclusions of the authorized bodies on the compliance of the building with the current sanitary and technical standards.
Disputing Failure
If the authorized body has not satisfied the application for a permit for the construction of an object or its commissioning, the answer shall indicate the grounds for such a decision. For example, in practice, quite often, acts are not signed by representatives of the fire service, despite the absence of violations of the requirements of the law or in the presence of permissible deviations from the norms. In such situations, the property owner may appeal the refusal.
The appeal of the decision is carried out in court. It is necessary to write a statement of claim in which to state the essence of the problem and put forward requirements. Claims are filed according to the rules of the Civil Procedure Code. Required details of the claim are:
- The name of the court.
- Information about the plaintiff and the defendant (full name, contact details, addresses).
- Title of the document.
- Enumeration of applications.
- Date, signature of the plaintiff.
All documents confirming the owner's compliance with the established requirements should be attached to the application. It should be said that the number of copies of the claim and applications should be equal to the number of participants in the dispute, plus one for the court.
In such cases, it is advisable to enlist the support of a qualified lawyer. He will help to defend a position in court. If the claim is satisfied, the defendant may be required to compensate for the costs incurred in connection with the proceedings. They also include the costs of paying for the services of a lawyer.
Special cases
If the refusal was received verbally, most likely, the representative of the authorized body wants to receive a fee for approval. In such situations, you should contact the police with a statement about coercion to give a bribe. Do not follow the lead of corrupt government officials. It should be said that for coercion to give a bribe, the Criminal Code provides for liability.
Conclusion
As you can see, in practice, a variety of difficulties can arise for land owners who want to build a house. Moreover, problems often appear already at the stage of acquisition of the allotment. When buying, you need to find out the purpose of the land. It should be remembered that some sites cannot be transferred from one category to another. Accordingly, the construction on a particular site will be impossible by law.
Before starting work, you must know if a building permit is required or not. If it is necessary, you should collect a package of documents and contact the authorized structure. You must be prepared for the fact that the owner of the site may request additional paper. As a rule, 10-15 days are given for their submission. If at the end of this period the necessary information is not provided, all collected documents will be returned to the applicant.