LawRegulatory Compliance

Do I need a permit to build a house on my own plot? How to get permission to build a house in your summer residence?

Building your own home has always been considered a difficult task. And the point here is not even that the construction of housing requires a decent amount of savings. Many people refuse this idea because they do not know where to start work on their site. They are very afraid of the risk of making a mistake, significant costs, as well as collecting and processing the necessary documents.

What is IZHS?

This abbreviation stands for individual housing construction. And in this concept includes the erection of the building on a personal plot of land.

As an object IZHS can serve not only as an apartment building. It can be a superstructure or an extension, a garage and other structures of a capital type. 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.

The Land Question

For the construction of any house will need the area on which it will stand. And this should be your own land. What does it concern him? This is the territory where there are clearly defined boundaries. Private property is the top layer of the soil. As for its depths, nothing is said about them in the current legislative acts. That is why before drilling an artesian well, you need to coordinate and document your actions.

To build without any questions your house is allowed on the site that was specially allocated for IZHS. Construction is also possible in the territories intended for the conduct of subsidiary farming. However, in this case there are some nuances. So, the land allotted for personal subsidiary farming can be either within the boundaries of the settlements (in this case it is called a household 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 household, production and other buildings, buildings and structures. In this case, of course, it is necessary to comply with environmental, construction, fire, sanitary and other standards and regulations. As for the field sites, such work is prohibited on it. Use of such territories is possible only for growing an agricultural crop. A house or a cottage should not be erected in the field.

The land area can also be allocated for the country economy. In this case, various options are also possible. There are such suburban areas, which are allowed not only to build a house, but also to register in it and live permanently. However, there are no restrictions for such a procedure. However, there are also such garden areas on which it is possible to erect only a residential structure. What is the difference between such buildings and houses? Only in 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 the territory that belongs to you, you must obtain 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 Urban Development Code of Russia.

According to this normative act, permission to build a house on its own plot is a document that gives the right to erect and reconstruct IZHS facilities. On its basis, it is quite legitimate to carry out capital repairs of existing buildings. In addition, the presence of such a permit indicates the compliance of the developed project documentation with those requirements that are imposed on the town-planning plan of the land plot.

Necessity of obtaining

About whether you need a permit to build a house on your own site, many wonder. At the same time, some intermediary and legal companies often frighten developers that this procedure is too complicated. However, it is not necessary to apply any supernatural efforts. Moreover, unauthorized construction threatens the imposition of a fine or demolition of the structure. Such measures of liability are provided for by civil law. Construction, carried out without permission, is considered an administrative offense, as described in art. 95 of the Code of Administrative Offenses of Russia.

Thus, all regions of our country require permission to build a house on their own site, Saratov is either Moscow, St. Petersburg or Samara. The law for all regions is the same, as is the passage of procedures for issuing appropriate approvals.

Where to apply for a receipt?

The permission to build a house on its own plot is issued by local government bodies located at the location of the territory planned for IZhS. Usually these questions are managed by the department of architecture.

How to get permission to build a house on your site? To do this, you need to issue an application and attach the following documents to it:
- The plan of the available land plot;
- documents for the allocation of territory;
- scheme of planning organization of the site, where the place of the proposed object of IZHS is indicated.

After submitting the application, local authorities are given ten days to verify the provided package of documents. And only then can be issued a permit to build a house on its own plot. The term of this document is two years. During this time, the planned work should begin. And the issued permission to build a house on the site does not lose its force when selling land to another person.

The bodies representing local self-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 town planning plan. Such refusals can be appealed in court.

Construction on the territory of a horticultural partnership

In order to get permission when erecting buildings in the village, on land intended for IZhS and in cottages, it will be necessary to undergo appropriate procedures that have some differences from each other. Consider the list of documents required to start construction in the 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 authorization.

After considering this issue, the rural district passes a resolution on the construction permit and issues it in two copies.

Next, you need to develop project documentation for the house. It can be purchased already ready or ordered in an organization that has the appropriate license.

The next step will be an appeal to the geonadzor department of the regional architecture. Its specialists after leaving the site must submit an act, which will indicate the breakdown of the boundaries of the territory and axes of the future structure.

Next, the developer will need to wait for the construction passport of his object, which is ordered in the Architecture of the district. To obtain such a document it is necessary to present:
- original and copy of passport;
- site plan, as well as a certificate of land;
- application for permission to erect a house written in the name of the head of the district administration;
- a request or resolution of the rural district, authorizing construction;
- a copy of the license for the execution of design works certified in accordance with the established procedure;
- Topographic survey plan and an act of survey of the site.

After the Department of Architecture and Urban Development of the district develops a construction passport, the location plan of the buildings in it is subject to coordination in the GPN (Gospozhnadzor) and in the State Sanitary and Epidemiological Service (Gosanepidnadzor). There are cases when on the territory of the site there are overground or underground communications. In this situation, the developer will need to obtain approval from the relevant organizations.

Permission to build a house in a garden plot is not issued without the SSEN mark. It should be marked on the plan, where the placement of buildings is noted. For such an agreement, the developer must submit:
- certificate of land (copy);
- a plan for finding buildings within the boundaries of their territory;
- A certificate of the existence of existing and planned for the construction of life support systems;
- conclusion of the SSEN, which is in the development project.

The plan with indication of location on the site of buildings is subject to coordination and in GPN. To implement this procedure, the developer will need to provide:
- application for approval;
- a copy of the certificate issued to the land;
- A certificate of the existing and planned for the construction of the life-supporting systems;
- A copy of the report issued by the detachment of the state service, which is in the building project.

Further, in order to obtain permission to build a house in the suburban area, a plan of finding the buildings agreed with all instances 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 erection of the house is registered in Arstroiinform, where a certificate of assignment of the registry identifier to the object is issued. For its registration, the developer must submit:
- an appropriate application;
- a copy of the certificate confirming the right to land;
- a plan that indicates the location of buildings;
- the project of the house, coordinated in UAIG.

Further construction is registered in the local office of Gosarhstroynadzor, where an order is issued for the production of construction and installation work. In this case, specialists will be asked to provide:
- a copy of the owner's passport;
- an agreed home project;
- Construction passport;
- A document that confirms the assignment of a registry identifier to the object.

The permission to build a house in a cottage area will require the receipt of a warrant for earthworks. It is issued only on the basis of an existing construction passport, a registration card and a receipt for payment.

Construction of houses on sites for IZhS and for conducting an auxiliary household

The procedure for passing instances to obtain such a permit is similar to that described above. There are only some minor deviations, which should be considered in more detail. So, in order to get permission to build a house on your own plot in the village or within the boundaries for IZhS, you should make an application for the departure of the UAiG employee to the assigned territory. A representative of this organization will give an opinion on the possibility of erecting a house. In doing so, he will compare the desired result with a specific situation. Before this, the developer must include the application for a construction permit, the request of the rural district, and a copy of the certificate of ownership of the land plot to the district administration.

To issue the relevant resolution, you will also need an extract from the existing house book. The authorization 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 the topographic plan of the site and the adjacent area, on which aboveground, underground and other communication networks are indicated.

Is it necessary to have a permit?

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 site is not required if:
- there are such changes in capital structures that do not affect their design characteristics, as well as the degree of safety and reliability, while also not exceeding the limits set by town planning regulations ;
- an individual is planning to erect a garage for personal purposes, in addition, this facility will be erected on the territory intended for housing the dacha;
- reconstruction or construction of objects not attributable to capital will be carried out;
- It is planned to erect buildings of an auxiliary type.

Additional conditions

What should be remembered for those who wish to obtain permission to build a house on the site? IZhS is not all objects of individual housing construction. To them it is possible to carry only a house in which no more than three floors. And in any case it should be erected for the residence of one family. This criterion is the main one for assigning an object to IZhS. And not only ground, but also underground floors are taken into account. If the criterion of assigning a home to the IZhS is not complied with, a mandatory development of the project will be required. It will also be necessary to conclude a state expert examination of compliance with all construction rules and norms in existing documents.

IZhS with close location of reservoirs

In order to find out whether a permit is required to build a house on its own site in the water protection zone, it is necessary to 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 public. That is, any of the reservoirs people can use for domestic and personal needs. The common area is also the coastal strip, the width of which is 20 meters.

Such a 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 can not be planned for construction and should be left for passage. The same who built a house in the water protection zone nearby to the canals or streams, will certainly face a large fine and an order to eliminate violations of the law. But this area of prohibition is not limited. The nature protection zone includes those territories near reservoirs that are distinguished by special conditions of use. Sometimes on the rivers their width reaches 200 meters. This distance is less in reservoirs and lakes. It does not exceed fifty meters. Sometimes the water protection zone is 500 m. All restrictions on economic activity are imposed within the boundaries of this territory.

However, as in every case, here are some nuances. The boundaries of the allocated territory can be located simultaneously in the water protection zone, but at the same time it is located far from the water. In this case, there is no ban on erecting houses and buildings. This is stated by the law, according to which construction, operation and reconstruction of economic and other objects are possible on the borders of existing water protection zones. In such cases, how to get permission to build a house on your site? For this, some conditions must be observed. So, the construction site should be equipped with structures that serve to protect reservoirs from pollution and clogging. So says the water legislation and those regulatory acts that are adopted by the state in the field of ecology.

Do not forget about the neighbors

On the territory allocated for IZHS, the erection of any objects is strictly regulated. At the same time, it is compulsory to observe a certain distance from the planned facility to a neighboring site. This is also an important factor that influences planning when erecting low-rise buildings.

Permission to build a house on its own plot from neighbors can only be obtained if the distance to the boundaries of their territory is not less than:
- three meters from the walls of one- or two-apartment houses;
- four meters from the building intended for keeping birds and cattle;
- one meter from other hozpostroek (garage, bath, etc.);
- one meter from the bushes, two meters from the trunks of medium-sized and four - from tall trees.

Under what other conditions can be obtained permission to build a house on your site? If the territory plans to build one or two-family houses, the distance from their windows to the walls of a neighboring cottage, bathhouse, garage or shed should not be less than six meters. The outbuildings on adjacent plots may have a lock. Such structures are erected only with the mutual consent of both owners with the obligatory consideration of the requirements imposed by town-planning norms.

Expansion of living space

Some owners of a private area eventually have an idea about building another next to an existing cottage. However, not all of them know if it is possible to obtain permission to build a second house on the site registered with them. Immediately it is worth reassuring such hosts. There is no direct prohibition on this issue in Russian legislation. However, there are specific requirements for urban development, without which it is impossible to obtain permission. For the consent of all state authorities it is necessary:
- comply with the legal distance (6 m to the neighbor's building, 3 m from the already built on the site of the house and 1 m to the farm building);
- to ensure the normative density of the building;
- Do not deviate from the intended purpose of the existing site, while preserving its housing orientation.

If the building meets all the requirements, then you can safely apply to local authorities, which should issue permits. However, some hosts prefer an alternative method, performing the necessary procedure in reverse order. First they erect a second house, trying not to break all the statutory requirements, and only after that they try to legitimize their structure. In this case, is it necessary to permit the construction of a house on its own plot? No. When the building is already erected, it is necessary to apply to the court. The building will be assigned to the owner of the land, with its full compliance with the norms of urban development. In case of violations, the judiciary may decide to demolish an illegally erected house.

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