Who can issue a building permit? Obtaining permission to build an individual residential building

When purchasing land for individual housing construction, the main question arises about where to get permission to build a private house on your site. Some people believe that purchasing a plot in itself is enough to start building their future home.

Is it so? Is it generally necessary to obtain a permit to build a house and, if so, in what situations? You will learn about this, as well as familiarize yourself with the list of documents that are required for the construction of a private house on your own site, in particular to obtain permission and where to actually obtain it, from this article.

Under what circumstances is a permit required to build a private house?

Permission to build a house on your own plot is a document that grants the right to build a private house on a plot of land.

It is mandatory to obtain permission if your future construction will be located on land plots of the following categories:

• Individual housing construction - individual housing construction
• MZhS - low-rise housing construction
• Private subsidiary plot - personal subsidiary plot

If the land on which you plan to build your future home for permanent residence falls into one of the above categories, then it is necessary to obtain permission. Without it, your building will be considered illegal and may be subject to demolition. And also, subsequently you will not be able to register ownership of the constructed residential building.

If you plan to build a house on the territory of SNT, i.e. on lands for gardening and summer cottage farming, there is no obligation to obtain permission.

Another circumstance in which you should think about drawing up the above document may be:

• obtaining a loan from a bank to build your home

Not always and not every bank requires this document when applying for a loan, however, such a possibility exists. If this is your case and you plan to use borrowed funds to build your home, it is worth obtaining a building permit in advance.

To obtain a permit, you need to take into account a number of requirements for the future structure:

• the future building, which is also your future family nest, should be intended for housing only 1 family
• the structure must be three or less stories high, but the basement will not be taken into account
• When building a house, you should take into account the restrictions and encumbrances that may be indicated in your certificate of ownership of the land.

The good news is that if your house will have three or fewer floors, then you only need to obtain a building permit and you can begin building the house.

The bad news is that if you plan to build a house higher than three floors, then you will need an additional state expert opinion.

Where can I get permission to build a private house?

Issues related to the construction of country houses and, as a consequence, obtaining permission for their construction are regulated by Federal Law No. 190-FZ of December 29, 2004, also known as the “Town Planning Code of the Russian Federation.” Accordingly, all the answers to the questions: who, where, when and why are given by him.

According to the above-mentioned document, the issuance of permission to build a house on one’s own plot is carried out by local government bodies on issues of urban planning activities of the area in which the given land plot for the planned construction is located.

You should submit an application for a permit in person or through a legal representative to the Administration of the district in which your individual housing construction site is located. In large cities, this can be done through multifunctional centers providing state and municipal services (MFC), as well as online through the State Services portal (gosuslugi.ru). In small towns and regions, you will need to contact the local Administration directly.

Documents required for obtaining permission to build a house on an individual housing construction site

• statement;
• a document that can confirm your right to own this land;

• cadastral passport for land;

• urban planning plan for a plot of land (issued free of charge by local authorities - the Administration of the city or district in which the plot of land is located, based on an application from the owner);

• a house project drawn up taking into account the rules of development, such as the maximum permissible dimensions of the plot and the parameters of the future building, its maximum number of floors and height, norms for the proximity of boundaries to neighbors, etc. (provided upon request, in any form);
• topographic survey of the site (only for the Moscow region);
• a positive conclusion from the state examination of the design documentation for the structure being built (only for private cottages - houses with a height exceeding 3 residential floors);
• passport of a citizen of the Russian Federation;
• power of attorney certified by a notary (if the application is made through a legal representative).

Usually all documents (except for a notarized power of attorney) are provided in the form of copies in the amount of 1 piece. each document. You must also have original documents with you for verification.

It should be noted that obtaining a building permit is only required when constructing a residential building. When constructing non-residential buildings, such as a garage, shed, shed and other premises for utility purposes, a building permit is not required.

How much does a permit to build a private house cost?

Permission to build a private house is issued free of charge.

However, if you decide that the process of obtaining a permit is too complicated for you and contact a specialized company that will submit the necessary package of documents to the administrative authorities for you, then this can cost you up to 50 thousand rubles and last 2-3 months. So don’t give in to panic and fears that we have bureaucracy everywhere and do it yourself. It's not as difficult as it might seem at first glance.

Date of issue and validity period of a building permit

Permits to build a house on your own site are issued 10 working days from the date of submission of the application.

Typically a permit is issued for a period of 10 years. The validity period will be indicated in the issued permit.

In addition, from March 1, 2015, it is necessary to obtain permission to put the facility into operation after the completion of construction of the house.

Video about how to obtain permission to build a house on your own site

A permit to carry out construction work and reconstruction work on a housing facility is rightfully considered an unconditional confirmation of the right of the land user to construct residential facilities with his own hands. What documents need to be submitted to local authorities and what is the mechanism for obtaining a permit, you can find out about this in the article. You may also be interested in our article on the topic of legalization in housing.

Building permit: Your safety and guarantee of compliance with building regulations

The procedure for issuing a permit to personally carry out construction activities or reconstruction work on buildings and structures is considered mandatory today, since it not only allows local governments not only to effectively control construction and installation campaigns of various scales and complexity, but also to receive from independent specialists a completely objective assessment of the presented and also once again make sure that all mandatory sanitary and construction standards are observed.

A document authorizing independent construction is provided by local authorities on the basis of an application written by the land user. Consent or, conversely, refusal to issue it is given on the basis of a collective decision, after the relevant departments have issued conclusions on this issue.

Unauthorized residential buildings in the absence of the appropriate permit are subject to immediate demolition, and the tenant or owner who violated the procedure for obtaining a construction permit or did not receive it at all is liable in the form of penalties.

Construction permit: procedure and documents

The procedure for obtaining a construction permit is regulated by current legislative and regulatory acts, and the fundamental document is a competently drawn up engineering and technical project, on the basis of which the entire complex of construction, installation and commissioning activities is carried out. The content of the project concerns infrastructure issues, including the arrangement of vital communication systems and landscape development of adjacent territories.

Often, to draw up a project, developers turn to well-known specialized companies in the region or directly to contractor organizations. The second option is most preferable, since the contracting company will not only be able to develop a competent individual project, but will also successfully implement it in the future, which means that only one company will bear all responsibility for the timing, quality of the implementation of the preparatory stage, construction work, as well as possible shortcomings.

According to the generally accepted procedure for obtaining a construction permit for the drafted project the developer is obliged to attach:

1. technical conditions of public utility services, strictly regulating the order and technology of bringing all life support systems to the construction site. This greatly simplifies the procedure for receiving and handing over a finished building for long-term operation.
2. documentary evidence of the exclusive right of ownership or long-term lease of the land user.

The law establishes a ten-day period during which the relevant authorities carefully study the package of documents and make a decision on issuing or not issuing official consent to carry out the planned work. It should be noted that this period may be longer, since often the technical project contains defects and inaccuracies, which, if discovered, must be corrected immediately.

The procedure for obtaining a construction permit: features of the process

After granting permission to carry out the entire complex of construction and installation work, the interested party must, within ten days, submit to the local urban planning department a copy of the project with accurate measurements, methods of supplying vital communication systems, a set of geodetic and engineering studies, and a detailed building plan.

The issued consent is valid for 3 years.

However, if the land user has not started organizing capital construction, then he will have to go through the procedure for obtaining a permit document again, since the document has already lost its legal force. Read also about when buying a house.

Today, any developer can significantly simplify both the procedure for collecting a package of documents for obtaining a construction permit and the process of obtaining consent - just contact a specialized company that will save time and nerves that the land user would spend on visiting authorities and making corrections to the project with his own hands. In addition, an experienced agent who is well aware of the procedure for obtaining a building permit will help obtain the desired permit in the shortest possible time within the framework of the law without any delays, while the land user can deal with the resolution of construction issues.

Construction work is possible only on the basis of permits. The Land Code (LC) of the Russian Federation (Articles 40 and 41) secures the right to construct real estate objects: structures, residential and non-residential buildings for all owners, land users and tenants of land plots.

Construction permit- this is an administrative document that gives the developer the right to carry out the construction or reconstruction of objects, as well as confirming the project’s compliance with the requirements of the urban planning plan for the land plot. It must be obtained in most cases, with the exception of those provided for by the Town Planning Code (GrK) of the Russian Federation.

Starting from 01/01/2010, a building permit for all land plots for which urban planning regulations apply cannot be issued without taking into account the provisions of the Development and Land Use Rules. Issues related to the regulation of construction activities are regulated by the Civil Code (Civil Code) of the Russian Federation, the Federal Law “On Architectural Activities in the Russian Federation” and other legal acts.

In the Civil Code of the Russian Federation, in Art. 263, paragraph 1, it is noted that the owner of a plot of land can erect, rebuild or demolish buildings and structures on it, as well as allow other persons to carry out the specified work on the plot belonging to him. construction on your site to other persons. These rights can be realized taking into account all construction and urban planning rules and regulations, in accordance with the purpose of a specific land plot.

Who issues planning permission?

If the land plot is not subject to urban planning regulations, a construction permit, depending on the level of competence, may be issued:

• federal executive body;
• territorial executive body of the corresponding subject of the Russian Federation (AR, AO, territory, region);
• local government authority.

When construction is carried out on the territory of a seaport, a permit is issued by the port captain, based on Art. 76 of the Merchant Shipping Code of the Russian Federation.

In all other cases, this document must be obtained from the territorial body of architecture and urban planning or from the department or other division of architecture and urban planning of the local government body to which the land plot belongs. Article 8 of the Civil Code of the Russian Federation determines that construction permits on the territory of an urban district or settlement are issued by local self-government bodies, and in inter-settlement areas - by local self-government bodies of the municipal district.

An exception is provided for issuing permits for objects of federal, regional or local significance, during the placement of which it is possible to seize land plots, in particular, through redemption. Such objects include:

• objects of federal and regional energy systems;
• nuclear energy;
• security and defense;
• federal and regional transport, communications and computer science;
• space activities;
• facilities ensuring the protection of the State Border;
• linear facilities necessary to ensure the activities of natural monopolies;
• municipal gas, water, electricity and heat supply facilities;
• bridges, roads and other transport engineering structures.

For these facilities, permission is also issued by authorities at the appropriate level of competence (federal, regional or local).

Procedure for obtaining permission

A structure erected on a site that does not provide for development, created without the necessary permits or in violation of construction, as well as town planning rules and regulations, is considered unauthorized construction, which cannot be disposed of, including rented out. And therefore, before starting construction, it is imperative to obtain permission.

To do this, the developer (customer) must complete the following procedures:

• submit an application to the architecture and urban planning authority for the issuance of an architectural planning assignment, attaching to it a title document for a plot of land or permission from the owner of the land plot to carry out design work on this plot;
• receive a prepared architectural and planning assignment containing the requirements of urban planning documentation, fire safety, sanitary and hygienic, environmental requirements for the facility, requirements for the protection of historical and cultural monuments, if necessary, an indication of special conditions for construction, requirements for respecting the rights of individuals and legal entities that may be affected by construction;
• order an architectural project in accordance with the architectural planning assignment (in accordance with Article 3, Clause 1 of the Federal Law on Architectural Activities);
• obtain permission from the architecture and urban planning authority (or from the territorial body of the State Architecture and Construction Supervision Authority) to carry out construction and installation work (CEM). Such permissions can be of two types:

1. to carry out all types of construction and installation work on this facility;
2. to carry out individual construction and installation work (preparatory work, excavation work, laying communications, building a foundation, etc.).

The validity period of the permit is set taking into account the time required for construction or performing certain types of construction and installation works. If necessary, it can be extended within a week from the expiration of the previous period.

When transferring a permit for construction and installation work to another person or other changes in the construction contract, these changes must be re-registered with the State Construction Supervision Inspectorate within 3 weeks.

List of documents for obtaining a construction permit

The Civil Code of the Russian Federation establishes the following list of documents:

1. title document for the plot of land where construction will take place;
2. urban planning plan for this site;
3. design documentation;
4. in cases established by the Civil Code of the Russian Federation - a positive conclusion based on the results of the state examination or state environmental examination of project documentation;
5. if there are deviations from the limit parameters in the permit - the corresponding permit;
6. consent of all owners (right holders) of the reconstructed object - during reconstruction.

In the case of construction of an individual residential building, the developer attaches to the application only documents for the plot of land, an urban planning plan for the site and a diagram of the planning organization, which indicates the location of the construction project.

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What is a building permit?

A construction permit (PC) is a document that is issued to the owner of a land plot by an authorized executive body and confirms that the project documentation fully complies with the regulated requirements, as well as the territory planning project and land surveying.

This paper establishes the right to carry out development or reconstruction, allows for construction and installation work on new construction or reconstruction of the facility, carrying out related preparatory operations, landscaping work, external networks, etc.

Obtaining a building permit is the legal basis for construction; carrying out work without a permit (in cases where obtaining it is necessary) is unauthorized construction and is subject to demolition.

At what point is the RS issued?

The process of obtaining a building permit is preceded by the entire pre-construction phase of the project, which consists of several stages. Before obtaining a Permit, you must go through the following steps:

1. Audit – finding out the site’s development potential and limitations.
2. Draft design / AFK - “sketch” of the main parameters of the object
3. Development of urban planning documentation – Territory planning project (PPT), Territory surveying project (TMP)
4. Obtaining an urban planning plan for a land plot (GPZU). It indicates the cadastral number of the plot, boundaries, permissible offsets from the boundaries, permitted use and other information on the possibilities and limitations of development.
5. Development and approval of AGR/AGO. This is the stage of agreeing with the authorities on the basic parameters of the object, its appearance and other parameters.
6. Design - development of design documentation. The project combines architectural, structural, planning, technological, engineering and other solutions.
7. Examination of design documentation. The project is sent for analysis to a state or non-state expert organization; after verification, the project receives approval (positive expert opinion) or refusal of approval.
8. Registration of a construction permit is the final preparatory stage. This document confirms that the project contains no deviations from current requirements and can be implemented.

After receiving the Permit, the specialized contracting organization begins construction and installation work, and after completion, the building is put into operation.

Urban planning audit

Draft design / AFK

Examination of design documentation and survey results

When is it necessary and when is it not necessary to receive RS?

Obtaining a building permit is required for any capital facility, otherwise the building may be recognized as an unauthorized construction, and then the owner will be obliged to demolish it. However, the City Code notes several cases when issuing a building permit is not required:

• for objects not recognized as capital buildings - sheds, kiosks, etc.;
• for auxiliary buildings (temporary buildings for servicing construction production);
• for major repairs of buildings, if there are no plans to change the structural characteristics.
• for garages and country houses used for gardening;
• in other cases established by federal and regional legislation.

Obtaining a Construction Permit in Moscow

Obtaining a Permit is carried out using the website of Mosgosstroynadzor (as an authorized body of local executive power), and the developer or owner can also go to the Moscow portal mos.ru in the “Services and Services” section. The period for obtaining a construction permit is 10 working days, during which time the full set of submitted papers is checked. This service is provided free of charge.

Obtaining a RS in the Moscow region

It is carried out through the government services portal; for this you need to first register. You can also contact the Multifunctional Centers, which operate on a “one-window” principle; a complete set of documents is provided along with the application. Officials check the correctness of filling out the documents and their availability, after which the applicant receives permission or a reasoned refusal.

Composition of materials for obtaining a Permit

Obtaining a building permit requires the provision of the following set of documentation:

1. Title documents confirming the legal ownership of the site.
2. Urban planning plan of the territory, drawn up in accordance with legal requirements.
3. Complete project documentation, including an explanatory note and a specific list of volumes.
4. Results of the examination with a positive expert opinion (for objects provided for in Article 49 of the Civil Code of the Russian Federation). If this conclusion was prepared by a non-governmental organization, documents confirming the right of this organization to engage in expert activities will also be required.
5. Permission to deviate from the maximum parameters of permitted construction (IPRS, if it was issued in accordance with Article 40 of the Civil Code of the Russian Federation).
6. Other documents confirming the competence of construction and reconstruction.

Document verification is carried out within 10 working days, and as a result, the applicant receives a positive response or a refusal to grant a construction permit. The reason for refusal may be an incomplete set of papers, errors in the project or other situations. The applicant has the right to appeal the refusal in court.

Receiving RS in electronic form

Obtaining a construction permit electronically involves sending it to the applicant’s personal account through the State Services portal, and a confirmed signature of an authorized person is placed on the document. If it is required to receive it in paper form, the applicant can do this at the MFC; a passport will be required when applying.

Refusal to issue a building permit

The authorized body may refuse to issue a RS in the following cases:

✔ In case of incorrect execution of a set of documents in terms of composition, design, insufficiency, etc.

✔ In case the construction parameters do not correspond to the parameters of permitted use established for this territory (non-compliance with the parameters of the GPZU)

✔ In case the construction parameters do not meet the requirements established in the permit for deviation from the maximum parameters of permitted construction, reconstruction

Despite the apparent simplicity and limited scope of the exhaustive list of grounds for refusal to issue a construction permit, the process of obtaining a permit is painstaking and requires an understanding of the entire process of approvals during the construction process.

Support in obtaining a construction permit

Professional assistance in obtaining permits significantly speeds up the process and avoids wasting time. In order not to face a refusal and not to start the procedure all over again, it is necessary to carefully work out the project; attention to detail at each stage will allow you to avoid annoying mistakes and lengthy revisions. We help Clients in collecting a package of documents and successfully solve the most complex problems.

Cost of services for obtaining a building permit

The cost of providing support services for obtaining a construction permit depends on the scope of the preparatory work; the minimum amount usually starts from 100 thousand rubles.

Our company offers clients a flexible pricing policy; the final cost is calculated individually in a specific situation.

Why RANTA Development?

Our Clients are provided with professional assistance in preparing and issuing permits to begin construction. All specialists are highly qualified and have many years of experience, ensuring reliability and quality of services at every stage. Use the help of specialists to get results in the shortest possible time!

If you want to build your own house, you must obtain a building permit. Without this document, you can be left without your long-awaited home and the money invested in it. And with a bunch of fines issued for unauthorized construction. Owning a plot of land does not mean that the owner has the right to develop it at his own request, without regard to legal restrictions. How to obtain permission to build a house is described in detail by the Town Planning Code, or more precisely, Article 51.

The state-issued permit confirms:

• the developed construction project takes into account all the requirements of urban planning laws;
• the house is being built on a land plot whose category does not prohibit its construction.

Obtaining a building permit will protect the owner of a new house from demolishing it. Also, for erecting a building without a document, the “builder” will receive an administrative fine. For individuals, the limit reaches 5,000 rubles (Article 9.5 of the Administrative Code).

Even if the house is completed and the authorities do not notice its illegal construction, the owner will face serious problems:

• difficulties will arise with registering ownership of a residential building, without which the owner will be able to live in it, but will not receive the right to dispose of it (bequeath, sell, formalize a donation);
• the house will not be able to be connected to gas, water and other communications.

Not all construction requires a permit. The law (Article 51 of the Town Planning Code) lists the types of buildings that can appear on a land plot without this document. You do not need a building permit:

• for country/garden houses;
• for garages, sheds and other outbuildings;
• for canopies, small kiosks and other non-permanent objects.

Registration of a building permit is mandatory if the house under construction is a permanent structure, which is being erected on lands of a certain category issued to Russian developers:

• for low-rise housing construction (LHC);
• for individual housing construction (IHC);
• for farming for personal needs.

Who is authorized to issue construction permits?

To obtain permission to build a private house, you should contact the appropriate committee at the local administration. Registration is carried out by the service of state construction supervision and examination (Gosstroynadzor), but other names of the authorized department are also possible.

The issuance of a building permit occurs at the location of the land plot on which the object is being built, and not at the place of residence of the developer.

An individual developer has the right to obtain a permit by personally contacting officials or employees of the MFC. He can also act through a representative, having drawn up a power of attorney for him, or remotely - through an electronic service. To use the last option for interacting with government agencies, you must first create an electronic signature and register on the website (you will need scans of your passport and other documents).

The permit is issued by authorized persons in a single copy.

Set of documents

Before you receive permission to build a house on your own site, you need to prepare a set of documents. Based on them, officials will make a decision on issuing the required permit.

What documents are needed depends on the type of building. In most cases, citizens request paper for the construction of individual housing construction. Then the list of documents is small:

• application requesting a permit;
• certificate of title (extract from the register, lease or sale agreement);
• urban planning plan of the land plot being built up;
• a diagram of the planning organization of the site drawn up (independently or by specialists).

These documents are submitted for obtaining permission for individual construction if the house under construction meets the established parameters:

• no higher than 3 floors;
• It is being built to accommodate 1 family.

The urban planning plan should be taken care of in advance - it is prepared within 30 days. It is issued by the local administration. Lawyers warn that officials are illegally requiring a ream of various documents from applicants to obtain the plan. For example, they ask: to carry out a fresh topographic survey of the site, to provide a certificate that the house is not being built on cultural heritage lands, etc.

Such bureaucratic requirements are unnecessary, since the authorized body must clarify the status of the land plot and other issues independently. The responsibility of the developer is only to submit an application for the issuance of a town planning plan. He even attaches a photocopy of the document on the right to the land under development at his own discretion (it is better to do this).

The planning diagram indicates where the house will be located on the site. It is believed that it is better to entrust its preparation to specialists, since mistakes can lead to refusal to issue a permit. But the applicant has the right to draw up the scheme independently, using a copy of the cadastral plan. It can graphically depict the proposed location of the building.

Issue price and terms

The permit is issued free of charge. But the developer will incur costs at the preparatory stage for this procedure. For example, if, at the insistence of officials, he orders the preparation of a planning scheme or other documents, carries out topographic surveys, etc.

If a citizen decides to completely transfer the functions of registering a plot of land to a commercial organization, then he will have to pay for its services (on average, the amount will be about 50,000 rubles). When contacting such a company, you should check whether it has a license to provide such services.

When an individual house is completed, it will need to be registered with Rosreestr as the property of the developer. For this public service, a citizen will pay a state fee of 350 rubles.

Permission is granted 10 days after submitting a package of documents to the authorized body. If officials find a reason for refusal, they must justify it in writing. Most often, the basis for refusals is either an incomplete set of papers submitted to the department, or their non-compliance with urban planning requirements or technical standards. A citizen who disagrees with a negative decision has the right to go to court to review it.

The validity period of the permit is 10 years. During this time, the house must be built and put into operation. If necessary, the validity of the document can be extended. However, this will be denied if the individual developer has not started construction of the house within a 10-year period.

Permission to build an individual residential building is tied to a specific building, and not to a specific developer. It often happens that, having received a permit, he soon loses interest in the building and decides to sell it in an unfinished state. In this case, the new owner does not need to obtain another permit to build a house. The current document is transferred to him by the former owner along with other papers for the house and plot, and he has the right to use it.

Obtaining a permit is a necessary procedure for those who decide to live in their own home. Despite the fact that going through bureaucratic authorities takes time from the developer, it is completely justified. By issuing building permits, the state prevents chaotic and dangerous development, introducing relative order into this process.