Obtaining a building permit is considered an obligatory step for those who plan the further construction of any objects, including an individual residential building. This requirement is put forward by the Town Planning Code.
Features
The construction document gives the subject the appropriate right, and also confirms the fact that the project documentation does not violate the site plan and does not contradict the land surveying. In fact, a permit is a paper, according to which the authorities allow the construction or reconstruction of an existing object. If you neglect to receive the document, you may encounter various problems in the future.
If you are interested in obtaining a building permit, you will find out the issuance date a little later, it is important to follow the procedure for obtaining the above document.
The entire registration procedure is recognized as mandatory for the reason that this approach allowsrepresentatives of local authorities to more carefully control construction and installation companies. In addition, the approval procedure includes an objective assessment of projects, which is carried out by experts.
Norms and requirements
The legislation necessarily requires a permit that gives the right to carry out construction. This document confirms the fact that the architectural project does not contain violations of the requirements and norms in force in construction. This allows you to make sure that the future facility will be safe for the people in it, will not harm the environment or existing infrastructure.
Documentation must comply with the following standards and requirements:
- Urban planning code.
- Sanitary and epidemiological, as well as building codes.
- Technical supervision standards.
- Fire safety requirements.
Do I need to get permission?
Even before collecting the necessary documentation and contacting the relevant authorities, it would be useful to find out if a permit is required in your case?
If we are talking about the construction of an individual house, you need to find out what type of land belongs to. If it is intended for individual construction, in accordance with established standards, it is necessary to obtain a permit document. If the land plot is intended for gardening or summer cottages, a similar procedure can beavoid in accordance with the "cottage amnesty".
However, building without a permit can have negative consequences. If you build a facility first and only then turn to electricity and gas suppliers, you may find that they will not provide you with their own services.
However, back to the "dacha amnesty". The essence of this law is that in order to register the ownership of the erected object, it is not required to have a permit confirming the commissioning. This document, in turn, requires a building permit.
There are certain situations, enshrined in paragraph seventeen of Article 51 of the Town Planning Code, when permission is not required:
- Building a garage on a non-commercial site.
- Construction of non-capital facilities such as kiosks, pavilions, gazebos, bathhouses, etc.
- Construction of auxiliary facilities intended for laying utilities.
Consequences of not having permission
In most cases, the absence of the above document has a lot of negative consequences. As a rule, the erected object cannot be connected to the necessary engineering communications. In some cases, it may even be threatened with forced demolition.
If the construction is made without the appropriate permit, the owner of the object will not be able to register it with the BTI. This has some legal implications. Without documents, the actual owner will not be able to make any transactions with the object. He may not sell, rent or donate the object.
Where to go?
The above document is authorized to issue local governments. Moreover, the potential owner needs to apply to the authorities in charge of the territory where the land is located.
However, there are some exceptions that may also affect the timing of obtaining a building permit.
- Carrying out works in which natural resources are involved. In this case, you must contact the Ministry of Natural Resources and Ecology of the Russian Federation.
- Use at a nuclear facility under construction. You will have to apply to the Federal Service for Environmental, Technological and Nuclear Supervision.
- Construction works within the territories of historical settlements. It is necessary to agree on the procedure and deadline for obtaining a building permit in a particular subject of the Russian Federation with the executive authority that is authorized to make decisions in the field of protection of cultural heritage.
- Construction of facilities intended for space infrastructure. Contact the State Corporation for Space Activities Roscosmos.
Order of receipt
Not only is the timing of obtaining a building permit important, but alsothe process of the procedure.
First of all, you need to develop a project. This task cannot be called simple. For this reason, many subjects turn to specialized organizations that are able to perform such work.
You can act independently, but in this case, the period for obtaining a building permit may be somewhat delayed. After all, you will have to collect the entire set of architectural and engineering documentation.
The next step is to submit an application, as well as prepared documentation to the relevant authorities, which may differ in each case.
Next, the period for obtaining a building permit for an object comes into effect. In accordance with the Urban Planning Code, it should not exceed seven days.
You need to understand that as a result of the review, you may be denied the issuance of a document. Further actions will depend on the specific cause.
How long does it take to get a building permit?
In accordance with the Town Planning Code, the period should not exceed seven working days, which begin counting from the moment all required documentation is submitted.
If we are talking about the construction of an object on the territory of a historical settlement, the consideration period may be extended up to thirty days.
Required documents
The list of requested documents is quite extensive. For this reason, the terms for obtaining a permit to build a private house can be very long.
So here's whatrequired:
- Legal documents.
- Project documentation.
Legal Documents
The main thing in this block is the certificate, the presence of which confirms the state registration of the right. It can be replaced by a will, sale or gift agreement.
If the certificate is not issued, a whole package of documents may be required to issue it.
- Certificate of Inheritance.
- Certificate of Registration, if previously issued.
- Document confirming the payment of the state duty.
- Cadastral passport of the object.
- Application for registration.
Project documentation
If all title documents are prepared, you can proceed to the collection of project documentation. In accordance with the Town Planning Code, the following items are included in this list.
- Explanatory note.
- Scheme of land plot planning.
- Project for dismantling or demolition of pre-existing facilities.
- Architectural solutions.
- Construction organization project.
- Permission to deviate some parameters.
- Conclusion of the examination. It must be positive. Otherwise, you will not be able to obtain a building permit.
The above package of documents refers to capital construction projects. The developer compiles them independently or turns to specializedcompany.
In the case of individual residential construction, the package of documents will contain a smaller list:
- Urban planning plan of the land plot.
- Object layout.
- Description of the appearance of the object, if the construction is planned on the territory of historical settlements.
Failure Actions
The subject's behavior is highly dependent on the reason the government agency issued the denial. As a rule, with such a solution, it is required to eliminate the detected shortcomings. They are indicated in the response that is provided to the application for a permit.
The subject has two options:
- Fix these deficiencies.
- Appeal against the decision by going to court.
Terms for construction after obtaining a permit
In accordance with the law, this period is ten years. During the specified time, construction can be carried out. However, the object must be put into operation before the end of the specified period. If necessary, the period can be extended or additional permits can be obtained for certain stages of the construction of the facility.
If an extension is needed, the relevant authorities must be contacted no later than sixty days before the expiration of the previously issued permit. In this case, if the construction of the object has not even been started, it is possible to receive a refusal to extend the validity of the document.
Now you know not only the terms for obtaining a building permit for a house, but also the period of validitythe above document.
Possible reasons for rejection
In accordance with the Town Planning Code, there are several reasons that may lead to such a decision. Even the absence of one document from the list of required ones can lead to a negative consequence.
Also, refusal is possible in case of non-compliance of the submitted documentation with the current norms and requirements. For example, this happens in the following situations:
- Construction in protected areas.
- Purpose of the site for the needs of the state.
- Lack of title documents confirming the rights to develop a land plot.
