THE PROCEDURE FOR THE CONSTRUCTION OF RESIDENTIAL BUILDINGS IS SIMPLIFIED IN RUSSIA

Issuance of a building permit for IZHS is no longer required(clause 1.1, part 17, article 51 of the RF GRK)

On August 4, 2018, Federal Law No. 340-FZ of August 3, 2018 “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” came into force.

This law introduces in Russia a notification procedure for the construction of residential buildings 1) on land plots of individual housing construction, 2) plots of private household plots within the boundaries of settlements, and 3) garden and summer cottages of citizens.

Instead of asking for permission to build a residential building, any citizen - the owner of such a plot - has the right to simply NOTIFY the local administration about the planned construction of a residential or garden house (Article 51.1 of the Civil Code of the Russian Federation) by registered mail, through the public services portal or through the MFC, by sending a paper in the form type:

“I, full name, living there, passport number, own a land plot (address) with such and such a cadastral number on such and such a right (lease, property, gratuitous use, etc.), the permitted use of the plot is such and such ( for example: private household plots, individual housing construction, gardening), intends to build on it an individual residential building (garden house) measuring _ by _ m. from 2 (3) floors _ meters high [now it is allowed as much as 20 m.]. This house is not intended for division into independent real estate objects. What I notify (notify) the administration in accordance with Federal Law No. 340-FZ of 08/03/2018
I propose to send a notification to my postal address (or to my e-mail) about the compliance of my house with the parameters established by law for its construction in accordance with Article 51.1 of the Town Planning Code of the Russian Federation.
Sincerely, … … … (full name, signature, date)”.

Appendix - a document of title to a land plot (lease agreement, gratuitous use agreement, etc. or an extract from the USRN on ownership, but it is not required to be attached, because the administration will receive all the USRN information via interdepartmental communication or simply look into the computer where they are).

Further, the administration within 7 days checks the parameters of the future construction (first of all, whether the building corresponds to the type of permitted use of the land plot and its territorial zone in accordance with local regulations) and sends its notification to the applicant about the compliance of the building with the established parameters and its admissibility of placement on the land plot.

The form of this notice (and notice from a citizen) will be approved by the Ministry of Construction of the Russian Federation, and while such a form has not yet been approved, it is possible to notify the administration of the planned construction in free form, since Law No. 340-FZ of 08/03/2018 has already entered into force and you can use it directly.

The administration no longer has the right to ban construction just like that, but can only in accordance with Part 10 of Art. 51.1 of the GRK of the Russian Federation draw up a notice of the non-compliance of the building with the law and its parameters - but the administration must do this within 7 days, while properly substantiating its position, and if such a notice from the administration does not come to the developer within 7 days - the construction is considered agreed (h .13 article 51.1 GRK).

Such a time limit will prevent future construction only if there are obvious and gross violations of the law, in particular:
1) when the planned construction does not correspond to the established type of permitted use of the land (for example, they are going to build a residential building on the site "for gardening");
2) when the planned construction does not comply with the established parameters of development in the PZZ (for example, due to the inadmissibility of placing residential buildings in a particular territorial zone);
3) when a violation of the law is clearly and immediately visible - for example, a land plot is located in some kind of protected zone (for example, next to a gas pipeline) and construction is not allowed there at all.
At the same time, the treasury bears responsibility for losses due to improper notification (part 15 of article 51.1 of the GRK of the Russian Federation).

Failure to receive any letter and notification is considered construction approval and entitles the developer to carry out construction according to the parameters specified by him within 10 years from the date of sending his notification to the administration.

Such is the legal mechanics of the presumption of good faith of a citizen, the legality of any activity carried out by a person and the fiction of the state's tacit consent to this activity in the absence of reasonable objections to its implementation in relation to the construction of residential buildings by citizens and families on their land.

SO, ALREADY TODAY EVERYONE CAN BUILD A HOUSE. It remains to amend the Law on personal subsidiary plots and the Land Code of the Russian Federation - and it will be possible to build residential buildings not on 1% of the territory of Russia, but EVERYWHERE. These changes are currently being prepared. But now Russia has lifted the most difficult ban, blocking.

If you are going to build a house on your plot of land, then, first of all, you should understand the intricacies of the legislation. In the past, the very first step was to obtain a building permit. This is an important document, without which the owner could be held liable for unauthorized construction, receive a serious fine and even lose the building.

In recent years, the requirements of the law regarding the issuance of building permits have changed several times. The main thing was one thing - if the house is being built arbitrarily, it will be more difficult to put it on the cadastral register and formalize the ownership. It turned out that the building permit was a certain guarantee of observance of property rights.

After Federal Law No. 340 officially came into force in August 2018, for some categories of owners no longer need to obtain a building permit.

This applies to owners of plots for individual construction (IZHS), summer cottages and garden plots and personal subsidiary plots.

New rules are provided for them - according to the new law, they must submit to the local administration a notification of the planned construction, and then a notification of its completion.

If work is performed, after which the characteristics of the house will change, then a notification is given about the change in the parameters of construction or reconstruction.

To submit a notification from the owner, personal data, the address of the site, a document of title to the site, a cadastral extract, indicate the type of permitted use and characteristics of the house are required. All these changes were made with the expectation that building your own house would become a little easier in terms of paperwork.

Book a free consultation on a building permit for a house:

Obtaining a building permit

Despite the fact that relaxations have been introduced for individual construction, in a number of cases it is still required to obtain a building permit from local authorities. This applies to the construction or reconstruction of the following capital construction projects:

Apartment buildings and high-rise buildings;

Blocked residential buildings for two or more owners;

Townhouses;

Any commercial property (even if it is a small store);

Warehouse not intended for personal use.

The facility must be safe and not cause harm to people or the environment, comply with urban planning standards and the permitted type of use of the territory, and be built taking into account various restrictions. The construction of such facilities is always carried out strictly in accordance with established regulations. It is better to trust the development of the project and engineering documentation and the collection of the necessary papers to specialized organizations with extensive experience.

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A letter of thanks from LLC "ElectroSet"


LLC "ElectroSet" expresses its gratitude to the employees of LLC "Versta" for the performance of work under contract No. 87 of 01.02.2019.
Versta LLC has established itself as an organization providing services in the field of cadastral activities and design at a high level and with a responsible approach to business. The work was done with high quality, without any complaints or comments from the customer.

Sincerely yours, General Director of ElektroSet LLC A.P. Sakhnov


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LLC "MAK-Logistic" expresses its gratitude to the employees of LLC "Versta" for the professional performance of geodetic works. For several years, the cooperation of our companies has been very successful and fruitful.
We will recommend your organization to our partners.
We wish Versta LLC further professional growth and great success!


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Dear Denis Aleksandrovich! Limited Liability Company "Economic and Legal Consulting" expresses its gratitude to the entire team of Versta LLC for the prompt and high-quality solution of the tasks set. As part of the agreement No. 119 of 02/06/2019 concluded between our companies, a set of works was carried out to prepare conclusions on the actual location of real estate objects within the boundaries of land plots. Employees of OOO "Versta" approached the matter responsibly and showed themselves to be excellent specialists.
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How to get a building permit in Moscow?

Glazov Alexander Alexandrovich, Lytkina Ulyana Igorevna

In the material of this article, we will consider the key issues that arise when obtaining a building permit for a commercial capital construction project in Moscow.

Article 51 of the Town Planning Code of the Russian Federation defines it as a document that confirms compliance with the requirements of town planning regulations, the territory planning project and the territory surveying project during construction, reconstruction of capital construction projects. Thus, on the basis of a building permit, the owner of the site receives the legal right to carry out the construction and reconstruction of capital construction projects.

Where to apply for a building permit?

In Moscow, the organization responsible for issuing building permits is the Committee for State Construction Supervision of the City of Moscow. On the website http://stroinadzor.mos.ru/ in the section "Public Services" detailed information on the procedure for providing the state service "Obtaining a building permit" is provided.

What package of documents is required to be submitted when applying for a building permit service?

To obtain a permit for the construction of a non-linear capital construction facility for commercial purposes, the developer submits the following documents:


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1. An identity document of the applicant (if the applicant is not a developer, then it is necessary to provide the authority with documents confirming the applicant's authority to act on behalf of the developer).

2. Town-planning plan of the land plot.

3. A positive conclusion of the examination of the design documentation of the capital construction object, subject to the need for this documentation to pass the examination of the project documentation, in accordance with part 3.4 of Article 49 of the Town Planning Code of the Russian Federation. Documents confirming the authority to examine project documentation (certificate of accreditation) - in case of passing a non-state examination.

4. Certificate of approval of the architectural and urban planning solution of the object (if there are requirements for the development of this document).

5. Materials contained in the project documentation, posted in the IAIS OGD (Integrated Automated Information System for Urban Development).

6. Permission to deviate from the limiting parameters of permitted construction (provided in accordance with article 40 of the Town Planning Code of the Russian Federation).

What is the procedure for obtaining a building permit?

An application for the provision of a service is submitted electronically through the portal of public services in Moscow: https://pgu.mos.ru. A complete package of documentation is attached to the application, according to the list set out in the Town Planning Code of the Russian Federation.

The general term for issuing a building permit is 10 days, and you will not be required to visit a government agency at any stage of the application process. The service is provided free of charge, and a permit or a reasoned refusal to issue a permit is sent to the applicant in electronic form in a personal account on the portal or handed in person.

When can a building permit be refused?

An applicant may be denied a building permit if:

  • the presence in the design materials and other transferred documentation of inconsistencies with the town-planning plan of the land plot;
  • deviations from the parameters provided for by the territory planning project and the territory surveying project (for linear objects);
  • lack of documents required to be provided in accordance with the regulations for the provision of services;
  • deviations from the parameters set in the permit for deviation from the limit parameters of the permitted construction (if there is a need to obtain this document).

It should be noted that the land owner is not always required to obtain a building permit. In what cases is it not required to obtain a permit for construction and installation work?

In accordance with paragraph 17 of Article 51 of the Town Planning Code of the Russian Federation, the issuance of a building permit is not required when:

1) construction by an individual on a land plot intended for dacha farming, as well as in the construction of a garage on a land plot not intended for commercial use;

2) construction of objects that are not related to capital construction objects (kiosks, sheds, etc.);

3) construction of facilities for auxiliary use;

4) changing capital construction objects without changing the contract of the building and its technical and economic indicators (major repairs);

5) performance of work on the arrangement of boreholes, in accordance with the law of the Russian Federation on subsoil.

The legislation of the Russian Federation provides for a number of cases, in the event of which state bodies have the right to invalidate a building permit. Consider the cases in which a building permit can be terminated.

A building permit will cease to be valid if:

  • compulsory termination of the right of ownership and other rights to land plots, including the withdrawal of land plots for state or municipal needs;
  • waiver of ownership and other rights to land plots;
  • termination of the lease agreement and other agreements on the basis of which the rights to the land plot arose;
  • termination of the right to use subsoil, if a construction permit is issued on a land plot provided to the user of the subsoil and necessary for carrying out work related to the use of subsoil.

Thus, the transfer of the state service for issuing a building permit into electronic form allows the applicant, firstly, to significantly reduce the time for resolving procedural issues related to the execution of documents and their submission to the state body, since the required documents will be collected as a result of interdepartmental electronic interaction , despite the fact that the list of required documents for obtaining a building permit in electronic form is identical to the list for obtaining a permit through a direct application to government agencies.

Secondly, such an initiative is designed to reduce administrative barriers and corruption risks, since direct personal communication between the applicant and officials is excluded.

Thirdly, legal entities have the opportunity to receive public services from anywhere in the world, at any convenient time, via the Internet with the ability to receive information on the status of their application online.

Of course, the process of obtaining a building permit will take time and some effort, which is why it is better to take care of permits in advance to ensure that all difficulties are prevented in the future, and an electronic service for obtaining a building permit will just reduce the time and effort spent by the consumer.


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