Building a house is a labor-intensive process that requires considerable investment. But even after construction is completed, over time there will be a need for repairs and even renovation of housing. If everything is simple with repairs - just take it and do it, then the reconstruction of a private house has some features that are important to know when planning major changes to your home.
General concepts about home renovation
Reconstruction is mentioned in the Town Planning Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), in the Civil Code of the Russian Federation (Civil Code of the Russian Federation) and in some other regulatory legal acts (NLA).
In other words, if you decide to add a second or third floor, restore the foundation, make an extension to the house, or build a new one on the site of an old house - this is reconstruction.
Such measures will entail changes in the parameters of the house - area, number of floors, engineering and technical supplies (heating, electricity, water supply, etc.).
Differences between reconstruction and major repairs and redevelopment
Reconstruction is often compared to redevelopment or major renovation. But this is a mistaken opinion. Redevelopment involves changes only to the interior of the house, major repairs involve the replacement or restoration of some elements, and reconstruction involves changing the area and facade of the room.
For a general understanding of the differences, let’s briefly consider redevelopment and overhaul.
Redevelopment, according to Art. 25 of the Housing Code of the Russian Federation - changes to parts of the house that require adjustments to the technical plan of the house. It includes:
- moving door or window openings;
- moving or dismantling partitions,
- installation of additional bathrooms, etc.
To redevelop a house, you need to obtain permission from the district administration by applying directly or through the MFC.
If you have not been given permission for redevelopment, write to our lawyer! He will help you understand the validity of the refusal.
Major repairs are the replacement or restoration of outdated parts of the house, engineering and technical support, as well as individual parts of the load-bearing structures of housing. Such activities do not require changes to the technical plan and obtaining permission.
An example of a major overhaul is the replacement of the roof, plumbing, heating, replacement of partitions, etc.
A distinctive feature of reconstruction is changing the parameters of the house, aimed at increasing the area and number of floors. But redevelopment and overhauls do not entail such global changes.
Regulations governing reconstruction:
Registration of permission for the reconstruction of a house
Renovating a house is a very important process that requires approval and permission from local governments. Since changes in parameters can disrupt the safety of the house and affect the interests of the people living in it, as well as neighbors.
Article 51 of the Civil Code of the Russian Federation defines permission for reconstruction.
To obtain permission, you need to contact the department of architecture and urban planning in the municipal administration (according to paragraph 4 of Article 51 of the Civil Code of the Russian Federation) and submit an application with the appropriate package of documents.
The entire list of documents required to obtain permission for reconstruction is contained in clause 7 of Art. 51 Civil Code of the Russian Federation.
This list is not final. Requirements for the list of documents may differ in each subject. Therefore, before registration, you should clarify this information with a specialist in the specialized department.
You can apply in person or through an authorized representative. Also, the Civil Code of the Russian Federation in paragraph 7 of Art. 51 provides for the possibility of submitting an application through the MFC.
After submitting the documents, the application is considered within 7 working days, after which the applicant must be notified in writing of the adopted resolution. The applicant must contact the fire service and the SES to further agree on a decision, which will result in the issuance of a permit or refusal.
If the answer is positive, you can proceed with the reconstruction yourself, if the area of the extension/superstructure does not exceed 10 square meters. m. Otherwise, the reconstruction must be carried out by a specialist licensed to perform such work.
The validity period of the permit is no more than 10 years from the date of receipt of the permit (Clause 19, Article 51 of the Civil Code of the Russian Federation). It can be extended by contacting local authorities with a corresponding application no later than 60 days before the end of the period. After 10 years, if the reconstruction was not at least 70% complete, the permit will need to be reissued.
After completion of the renovation, it is necessary to obtain a conclusion on the compliance of the reconstructed house with the requirements of technical regulations, other legal regulations and design documentation, including the requirements for energy efficiency and equipping the capital construction facility with energy metering devices - issued within 10 working days by the district inspectorate of state construction supervision.
After receiving such a conclusion, it is necessary to update the technical passport data by registering the house in the Unified State Register of Real Estate, since the technical parameters of the housing have changed. To do this, you need to obtain permission to put the house into operation from the same self-government body, again collecting a package of documents with an application and permission for reconstruction. Such permission is issued within 10 working days.
Obtaining permission is a mandatory procedure. If the renovation is carried out without permission, an administrative fine will be imposed (2 - 5 tr.), in accordance with clause 1 of Art. 9.5 of the Code of Administrative Offenses of Russia.
In this case, the reconstructed house will be recognized as an unauthorized construction, which must be legalized (read how to legalize an unauthorized construction).
To do this, you need to take a new cadastral passport from the BTI and, together with the old one, provide the documents from the list to the administration and obtain permission for reconstruction.
In the future, it will be possible to register ownership of the reconstructed housing. It is also possible to legitimize reconstruction through the courts.
Did you know that the result of considering claims depends on how legally competent it is drawn up? Our professionals are ready to help you file a claim absolutely free. Just write on the right in the chat.
- You can also call the following phone numbers:
- 8 (499) 703-35-33 ext. 849 - Moscow and region;
- 8 (812) 309-06-71 ext. 501 - St. Petersburg and region;
8 (800) 777-08-62 ext. 481 - all regions of the Russian Federation.
As for the reconstruction of houses in SNT (garden non-profit partnerships), thanks to the adopted Federal Law No. 93 of June 30, 2006 “On the dacha amnesty,” permission is not required. And to register ownership rights, a simplified procedure is used - it is enough to provide a declaration about the real estate property to Rosreestr. In this case, the land plot in SNT must be owned.
You may be interested in: what is a dacha amnesty?
Cost of obtaining permission for reconstruction
When obtaining permission to carry out renovation, you will need to incur some expenses.
At the stage of collecting documents - this is payment for the services of a specialist to draw up a reconstruction project - the cost is negotiated individually, since the price consists of the area of the house and the complexity of the work performed.
The costs should include the registration of a registration certificate for the house in the BTI, the amount of the state duty, which is established in each subject of the Russian Federation.
You will also have to pay a state fee for registering ownership of a reconstructed house - 350 rubles. (Clause 27, Clause 1, Article 333.31 of the Tax Code of the Russian Federation).
Use of maternity capital in reconstruction
In accordance with paragraph 1 of Art. 10 Federal Law “On additional measures of state support for families with children” dated December 29, 2006 N 256-FZ (hereinafter Federal Law No. 256) funds mat. capital can be used to reconstruct a house if several conditions are met:
- performance of a 3-year-old child;
- the housing area will be increased;
- the house is registered as joint ownership;
- The housing area for each member does not exceed 18 square meters. m.
If all conditions are met, you can contact the Russian Pension Fund (hereinafter referred to as PFRF) and submit an application for the disposal of the mat. capital and the following documents:
After checking the documents, the Pension Fund of the Russian Federation transfers 50% of the subsidy amount to the account of the capital recipient within 2 months, and the remaining money is transferred no earlier than six months after receiving the first part. To do this, you must re-apply to the Pension Fund of the Russian Federation with an application and certificate of inspection of the reconstruction. This document is issued by the department of architecture and urban planning in the administration.
If a contractor was hired to carry out the reconstruction, then after completion of the work the entire amount will be transferred to the organization’s account.
If the reconstruction of the house cannot be postponed until the child is 3 years old, then you can carry out the necessary work, and then receive maternity capital to compensate for the costs of renovating the house. Federal Law No. 256 also provides for the possibility of repaying a loan taken for reconstruction using a government subsidy.
Refusal of permission to reconstruct a house
The grounds for refusal to issue a renovation permit are specified in paragraph 13 of Art. 51 Civil Code of the Russian Federation. These include:
The refusal can be appealed pre-trial and in court. In the first option, an application is submitted.
To do this, you need to submit to the court a package of documents to obtain permission, an application and the refusal of the authorized body to issue permission for reconstruction.
As a rule, in such cases the court sides with the plaintiff. The main thing is that the work carried out complies with urban planning legislation.
Still have questions? Write to us in the chat, as many users have already done, and you will receive a free consultation from a specialist on land issues.
Permission to demolish a private house - why is it required, where to apply for it, cost of papers
Housing law > Real estate registration > Permission to demolish a private house - situations, type of demolition, where to get it, how to carry out the demolition
How to obtain permission to demolish a private house? Owners of old houses know well how much effort, money and time it takes to repair them, bring them into decent shape and maintain them.
The latter is especially labor-intensive and costly - as soon as the roof was repaired, cracks appeared on the walls, as soon as the windows were replaced, the floors became covered with dampness. As soon as the heating system was corrected, the roof leaked again. The vicious circle has no end.
And those owners who do not live in old buildings, but received them as an inheritance or in some other way, understand how unprofitable investments in such real estate are. It is much easier, cheaper and faster to demolish an old house and build a new one.
But, before embarking on the implementation of grandiose projects and dreams, it is necessary to keep in mind that in order to smoothly destroy an unprofitable dilapidated home, it is sometimes necessary to obtain permission to demolish a private house.
This issue is regulated, firstly, by the Civil Code of the Russian Federation, Article 260 of which talks about the rights of the landowner.
Secondly, this is the Land Code. In particular, Article 40 of Part Two gives each legal owner of land the right to build on it, in accordance with the intended purpose of the site and the permitted use.
The third regulatory legal act is the Town Planning Code of the Russian Federation, which contains the procedure for obtaining permission, norms and rules for construction and demolition.
Why do you need permission to demolish an old house?
Do I need permission to demolish a private house?
Despite the freedom of private property, the legal specifics of the state provide for the protection of the rights of not only property owners, but also the public good and interests of persons for whom the demolition of a building may result in a number of inconveniences and constraints. In any case, the legislator will not allow self-will and anarchy.
Ownership of a cooperative apartment: let's understand
Thus, the law takes care of the safety of historical buildings, architectural monuments and structures in protected areas. If the house falls into one of these categories, obtaining permission to demolish it will not be easy.
Permission is also required to take into account the property interests of persons who do not agree with the destruction of the building, since this will infringe on their rights. For example, co-owners of a home. A neighbor whose house or barn adjoins the demolition site as a support will clearly not approve of such a decision.
During the event, it is possible that surrounding neighbors will be deprived of communications or damage to their plots, which will also become a reason for them not to negotiate on this matter.
As you can see, obtaining permission is due to the completely natural concern of the state about the situation of people who will be negatively affected by the demolition, as well as the cultural and physical protection of society.
In addition, the justification for such a requirement is the control and accounting functions of the event.
Permission to demolish a private house - where to apply
Where to apply for permission to demolish a private house?
It is possible to obtain permission to demolish a house if there is ownership rights.
It is necessary to contact the administrative body of the municipality at the location of the object - city, town, village, and architectural bureau. There is no concept of “demolition” in the legislation.
Instead, the terms “dismantling” or “reconstruction” are used, the latter is applicable in the case when a new one of the same size and area is built on the site of a demolished building. By the way, in this situation permission is not needed.
According to the Town Planning Code, during the construction, reconstruction, dismantling, and repair of individual housing construction projects, which include houses that stand alone and have no more than 3 floors with accommodation of no more than one family, there is no need to generate project documentation, as well as state expertise for such structures are not carried out.
Documents required to obtain permission
An application for permission is submitted to the local government body, to which the following is attached:
- identification documents;
- documents on ownership of real estate;
- documents on ownership of the land plot;
- land plan.
If the house is intended for several families or has more than 3 floors, then the following are also served:
- project documentation with a set of technical papers;
- coordination with other residents and the procedure for their resettlement.
Next, having permission, the owner proceeds with the immediate demolition of the house, while observing urban planning regulations and safety measures:
- Preparing the area - installing fences to ensure the safety of neighboring areas.
- Disabling communications.
- Cleaning up the site after demolition.
- Removal of construction waste and its full disposal.
Thus, the package of documents for obtaining a permit is based on a certificate of registration of ownership, without which, no matter how enterprising a person is, it will not be possible to legally demolish the house.
Nuances
What should you pay attention to?
The demolition procedure, as mentioned above, largely depends on the nature of the work.
For example, when demolishing but leaving the foundation on which a new one will be built, a permit is not needed, since the process can be formalized as “house reconstruction” or “major renovation” - if the area of the property remains unchanged. But even if the area is increased or decreased, the BTI and state register authorities will take into account the changes that have occurred in a notification procedure.
If demolition is planned with the cancellation of the entry about it in the register, then it is also necessary to dismantle the basement part of the building, the foundation to ground level. Disconnection of communications is coordinated with the relevant utility services.
After demolition, you should contact the technical inventory authorities, whose specialists will draw up an inspection report of the structure. Based on this act, bureau employees cancel the entry about the house. Then you need to submit an application to Rosreestr to make a new entry about the termination of the existence of the house. Attached to it:
- technical passport (with a canceled entry about the house);
- a document confirming the actual existence of the house (commissioning act, which is stored in the architectural bureau, i.e., the department of architecture and urban planning).
If the house is not registered in the BTI and the title to it is not registered, the demolition is carried out without any legal registration.
Thus, the nature of the demolition of a private house depends on the presence or absence of a record about it in the inventory authority and the state register.
Expenses
- Demolition requires significant costs.
- Firstly, if it is difficult to dismantle the house yourself, like wooden or similar houses, then you will have to turn to the services of architectural firms specializing in such matters.
- Even if the upper part of the house can be disassembled with your own hands, the foundation often has to be demolished with special equipment.
- The company's engineers will prepare a demolition project, taking into account protective fences, disconnection of communications, timing and order of work, and will draw up estimates, which are recommended to be carefully studied in order to avoid excess costs.
The second cost column is garbage removal and waste disposal. If it is impossible to do this yourself, then you will have to hire specialists again, whose prices, as a rule, depend on the number of machines used to load waste.
conclusions
Demolition of a house is a labor-intensive and responsible process that should be approached consistently and competently. It is necessary to comply with legal rules and safety measures, coordinate work with neighbors and city services, and be sure to notify accounting authorities.
If you carry out the procedure correctly, point by point following the prescribed instructions, then all stages will be completed easily and calmly.
You can learn about the nuances of demolishing private houses from the video:
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11 Jan 2017 kasjanenko 284
Permission for the reconstruction of a private house in 2023: list of documents
Do I need to obtain permission to reconstruct a private house? The need for renovation can be justified for various reasons. Citizens who have built their own homes know that this is a labor-intensive and expensive process that requires preparation and study of legislation. Over time, the building wears out and requires repairs. However, sometimes this is impossible to do and you have to think about changing housing or reconstructing it. The latter has many nuances, including in terms of formalizing your actions in accordance with current legal acts.
What is meant by building reconstruction?
So, what is the reconstruction of a private house? Basic information about this procedure can be found in the Civil Code of the Russian Federation, the Civil Code of the Russian Federation and other legal acts of industry significance, for example, Federal Law No. 384-FZ. Thus, according to the Civil Code of the Russian Federation, reconstruction is a change in the characteristics of an object that affects its area and the replacement (restoration) of structures that perform a load-bearing function.
It is important to understand the definition of an individual housing construction object. In accordance with the Civil Code of the Russian Federation, individual housing is understood as separately located buildings consisting of rooms and having areas with auxiliary functionality. Such parameters allow citizens to satisfy everyday needs, as well as other needs that arise during their stay.
Specific requirements are imposed on individual housing construction objects:
- number of storeys - no more than three;
- height – up to 20 meters;
- the building must be located separately;
- real estate should not be divided into independent parts.
Strict requirements are due to the abuse of developers who substitute concepts when constructing apartment buildings.
Is reconstruction different from redevelopment?
The designated terms are often confused with each other. However, this is a mistake, because redevelopment involves changes inside the building. During a major overhaul, certain elements of a structure are replaced or restored.
Making changes, in particular for premises, requires updating the technical documentation. Such work includes:
- location of windows, doorways;
- manipulations with partitions (moving or dismantling);
- arrangement of places for sanitary (hygienic) needs.
During a major overhaul, old parts of the structure, engineering networks and individual elements of power structures are replaced. The work does not require special documentation, since it does not imply adjustments to the technical plan of the home. This applies to manipulations with the roof, heating systems, plumbing, as well as replacement of interior (zonal) partitions.
How to submit a notification?
It is worth remembering that making significant changes to the design of the house requires approval from local authorities. This is due to the fact that any wrong decision made to carry out construction work on one’s own site can disrupt the building’s resistance to adverse factors and lead to casualties.
Since August 3, 2018, changes have been made to the legislation, according to which for the construction and reconstruction of individual housing construction projects it is no longer necessary to obtain permission. However, in order to carry out work, you need to indicate your desire to the administration of the Moscow Region by sending a notification there (Article 51.1 of the Civil Code of the Russian Federation).
According to the amendments, the paper must contain the following information:
- personal data of the applicant;
- passport details;
- information about the developer (for legal entities);
- plot number, according to cadastral documents (if available), its description;
- information about land rights. The procedure provides for the possibility of obtaining the specified information through interdepartmental interaction;
- type of permits relating to development;
- data on the parameters of the facility planned for reconstruction;
- contact details of persons carrying out reconstruction;
- method of sending notifications to the developer.
If the data is entered incorrectly, the application will be returned within 3 days. It is worth noting that the submission of a notification does not count. Sometimes citizens do not want to wait for an answer from the administration and begin to implement the planned activities. However, you shouldn't do this.
The period for sending a response from the municipality is 7 days and contains an assessment of the information provided by the property owner. The document is reviewed for compliance of the object with the established parameters, as well as the admissibility of its placement on the site. If no violations are found, the applicant is sent a permit to carry out construction work.
In the process of implementing the plan, changes in individual housing construction objects are monitored. It is carried out in the form of inspections. The basis is complaints about violations of construction volumes provided for by regulations.
After making planned changes, you must submit a second notification. It indicates the completion of reconstruction.
It must be accompanied by a technical plan of the building and a receipt confirming payment of the fee.
The administration checks the received document within a timeframe similar to the first request and sends the applicant a response regarding the compliance of the manipulations performed with the requirements of current legal acts in the field of urban planning activities. If discrepancies with the original plans are noticed, a decision is made on the need for alteration or demolition.
Registration of rights to an individual housing construction object occurs through interdepartmental exchange after the formation of a notification of compliance. The procedure is carried out through the local administration. The authority independently transfers all papers to Rosreestr in order to carry out further actions.
Important! Many people are interested in the question of whether it is necessary to obtain permission to use the building after construction is completed. Such an obligation is not established by the acts.
You can notify the authorities of your desire in several ways:
- in person, by generating the text on paper. Transmitted through the MFC;
- by mail;
- in electronic format on the State Services portal;
- visiting compulsory health insurance.
Is it possible to reconstruct a house using maternal capital funds, where can I get the appropriate funds?
According to Art. 10 of Federal Law No. 256-FZ, the funds provided for by the state certificate can be used for the purpose of reconstructing housing. However, for this it is necessary to meet a number of requirements:
- the baby is 3 years old;
- the area of the house will be larger than before construction manipulations;
- the house is registered in the name of all family members;
- the area for each family member should not exceed 18 m².
Control over the use of maternal capital funds is carried out by the Pension Fund of Russia. The certificate holder must contact the fund, presenting a passport, papers for the house and land, permission received from the administration, and an extract from the state register.
After completing the verification submitted by the applicant, the Pension Fund within 60 days transfers half of the subsidy to the account of the certificate holder. The remaining funds are provided no earlier than six months after the first transaction.
To receive the second part of the money, you need to re-apply to the fund, taking with you the certificate of inspection of the reconstruction.
If the activities were carried out not by the owner, but by a specialized organization (contractor), then the amount will be transferred to the company’s account.
In some cases, housing reconstruction is required before the child turns 3 years old. Despite the procedure provided for by law, it is also possible to use maternity capital.
To do this, it is necessary to make changes to the building, and then receive funds that will serve as compensation for the costs incurred.
In addition, the Federal Law provides for the possibility of repaying a loan taken for housing reconstruction.
Can a municipality refuse to reconstruct a property?
The administration has the right to refuse to carry out activities due to a discrepancy between the parameters specified in the notification and the rules for placing a building on a land plot. The decision can be appealed both in court and before filing a lawsuit. Current practice suggests that the authority, as a rule, sides with the property owner.
If the applicant has not received a response within the established time frame, then he can begin implementing the measures. In this case, the work must be carried out in strict accordance with the information specified in the notification.
Conclusion
Thus, a notification for the reconstruction of a residential building is sent to the local administration. The authority checks the documentation for compliance with current legal acts.
Of course, it is possible to refuse to notify interested OIGVOs about upcoming manipulations.
However, this applies to the alteration of housing without changing its size, safety parameters, and also in compliance with the standards for permitted construction. Otherwise, you should prepare for sanctions from the authorities.
If you have any questions, you can ask them free of charge to the company’s lawyers in the form provided below. An answer from a competent specialist will help you make the right decision.
Legalization of unauthorized construction: in 2023, how to legalize unauthorized construction
Last modified: June 2023
Independent construction must be coordinated with many authorities that determine the compliance of future housing with standards.
If property owners ignore the provisions of the law, big problems can arise if the construction was carried out with violations or a sale is planned.
Legalization of self-construction is a mandatory procedure that will help you draw up documents for the property and have full right to dispose of it at your own discretion.
To avoid the risk of being fined a large sum or receiving an order to demolish your home, you need to go through the procedure of legalizing an unauthorized construction.
What is recognized as self-construction
It is quite easy to recognize what self-building is. There are a number of characteristics characteristic of self-built objects:
- The facility was built on land that was not properly registered as the property of the owner.
- The construction project appeared on a site whose intended purpose did not imply this use option.
- A house or other structure was built, bypassing the approval of various administrative structures.
- The construction of the facility occurs in violation of urban planning standards and other requirements (for example, fire safety), as a result of which it was not possible to obtain development approval.
Any of these options is a serious reason to worry about the future ownership and right to dispose of property. The faster the issue of illegal building on a private plot is resolved, the fewer problems await the owner.
Sequence of actions to legitimize self-construction
When the building has already been erected, all that remains is to choose exactly how to resolve the problem of unauthorized construction:
- a simpler option is the administrative approval procedure;
- if difficulties arise, through a statement of claim to the court.
- The second option of the procedure is more expensive and complex, and is used only when the option of simplified approval with the administration did not work out.
Right to legalization
- Before deciding on the course of action, you should assess your chances of success based on the established rules for registering self-construction.
- To legalize a house without a building permit, the following issues must be resolved:
- Right to land. The lack of permits does not exclude the possibility of legalizing unauthorized construction, but makes it more difficult. To apply for legalization of rights to real estate, you must be the owner of the land, or rent it under certain conditions.
- Compliance of the type of construction with the intended purpose of the land (for example, a residential building on a plot for individual housing construction).
- Characteristics of the object. The construction must comply with the restrictions established within the territory plan and permitting papers.
- Respect for the interests and rights of other persons, guaranteeing the absence of preconditions that threaten the well-being of citizens.
- Registration of rights to real estate in good faith.
The object requires preliminary registration. This will allow you to go to court in the future if legalization in a simplified manner turns out to be impossible.
Simplified design
The further course of action depends on the specific circumstances of the development and the type of object. For buildings with non-residential premises erected on the territory of a gardening partnership, the algorithm of actions is as follows:
- Order a technical plan through the cadastral service. Preparation of a technical plan by an engineer is a paid procedure that requires costs.
- Payment of the property registration fee (you can use the MFC terminal or any other ATM).
- Submitting an application for registration of property rights through an MFC employee. The prepared technical plan is attached to the application.
- Over the next couple of weeks, the issue of the admissibility of registration is considered and then the applicant is issued a document confirming ownership.
If there are doubts about compliance with construction rules or there are complaints about the procedure being carried out, Rosreestr has the right to refuse registration. Then the owner solves the problem through the court.
If the property is a building on your own plot of individual housing construction or private subsidiary plot (personal subsidiary plot), in order to obtain a technical plan, the cadastral engineer must obtain an agreed construction permit from the owner.
If there is no building permit
In Penza, the building of the St. Michael's Monastery was demolished. penzanews.ru
In case of unauthorized development, there is no building permit. This means that the owner will have to visit the MFC to submit a request to provide the GPZU with an urban planning plan for the land.
After receiving the GPZU, a site diagram is prepared identifying the location of the construction site.
They again contact the MFC for approval of construction with an appendix to the GPZU application and a prepared site diagram.
A building permit gives the right to carry out construction work and legalize the object. With a building permit, they are asked to prepare a technical plan, on the basis of which the construction is then registered.
If a refusal is received in the process of obtaining a permit, preparing a technical plan or registration, the next step in how to legalize self-construction will be a trial.
Judicial approval
Since there are quite a lot of illegal buildings in Moscow and the region (for example, country houses), it is recommended to ensure that the standards and requirements of the law are strictly observed during the construction process. Otherwise, negative consequences cannot be avoided, including complete loss of real estate.
Going to court is always preceded by an attempt to legalize it administratively. It is impossible to bypass the pre-trial procedure for approving construction. Only after receiving a refusal at any stage of legalization does a person have the right to have the case heard in court.
A statement of claim for recognition of the right to property is drawn up in accordance with the general rules of the Code of Civil Procedure of the Russian Federation.
Basic requirements for a claim:
- An indication on what grounds the citizen erected a building on the plot of land in question (private property or long-term lease). To confirm the words, refer to the attached copy of the document - an extract from the Unified State Register of Real Estate, supplemented by a cadastral plan.
- Description of the type of property specified in the technical plan.
- The text of the statement of claim indicates the person who built the object and the time of construction (if the work was carried out by contractors, attach a copy of the contract with them; if the construction was carried out on their own, checks, receipts for the purchase of materials).
- Since going to court is preceded by a refusal of approval, they indicate who exactly rejected the request for a permit (attach a copy of the refusal letter) and give the reasons that forced the refusal.
- Due to the fact that the previous coordination was carried out with municipal structures, it is he who is named as the defendant in the lawsuit.
- As judicial practice shows, the result of the consideration of the case depends entirely on the argumentation of the claims with references to the legislation and the attached documentation.
- The prepared package of papers for the court includes:
After preparing the claim, you need to calculate how much it costs to pay the fee for considering the case in court. There is no single amount of duty established, since it is calculated based on the value of the illegal object. To correctly calculate the amount, turn to real estate appraisers for an expert opinion.
- copies of the application and attachments prepared for the parties to the proceeding;
- the assessment report on the basis of which the state duty was calculated;
- papers indicating that the land belongs to a specific owner;
- technical plan, other documentary evidence of the presence of unauthorized construction on the site;
- certificates indicating the absence of violations of SNiPs and threats to the life and health of others;
- a document confirming the fact that the construction of the facility did not infringe on the rights of other citizens;
- papers on preliminary work on approval and responses from municipal authorities (with approval or refusal);
- paid receipt of state duty.
The place for filing a claim is chosen based on the general rules:
- in the region where the disputed object is located;
- in the magistrate's court if the value of the property is less than 50 thousand rubles;
- in the district court if the cost of the object exceeds 50 thousand rubles.
After hearing the parties, their positions and arguments, the judge makes a decision. If the verdict is positive, the owner, together with the resolution that has entered into force, applies to the MFC or directly to the Rosreestr branch to register the property.
When registering, a new package of documentation is attached:
- an application requesting to register the property;
- a receipt for payment of the registration fee;
- applicant's passport;
- a court decision indicating that it has entered into force;
- technical passport of the object of legalization.
Consequences of illegal unauthorized construction
When unauthorized construction has led to the creation of a situation dangerous to the lives of others, with a risk to the health of other citizens, or the object violates rights, the owner will be forced to demolish the building forcibly.
Lack of sufficient knowledge of the stages of construction and ignoring legal requirements often lead to the case being considered in court, with serious costs for preparing for the trial. In addition, there is no guarantee that the judge will rule in favor of the owner of the construction site.
For this reason, it is strongly recommended to obtain the consent of the supervisory authorities on the eve of the start of construction and only then engage in construction.
Consideration of the issue in court requires legal training, knowledge of how to legalize unauthorized construction, in accordance with land, construction, and housing legislation, and the ability to correctly argue.
For this reason, if it was not possible to approve the construction administratively, it is recommended to contact an experienced lawyer.
The Law on Unauthorized Construction, which was actively discussed by legislators in the summer of 2018, should very clearly define unauthorized buildings and regulate the procedure for their demolition. In addition, violators are given a period of 3 months to 3 years to eliminate inconsistencies, which excludes the possibility of rapid demolition of objects.
Read Article 222 of the Civil Code of the Russian Federation with new amendments and additions.
Lawmakers also set restrictions to prevent demolition of structures at the discretion of the municipality.
Such situations include buildings on land, the ownership of which could not be proven, but the structure itself arose on the site even before the adoption of the Land Code of the Russian Federation.
It is impossible to demolish buildings erected in the absence of a building permit before the Town Planning Code came into force (Law No. 73-FZ of 05/07/1998) without approval.
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Features of the demolition procedure for private houses
Maintaining a house in good condition is not as easy as it might seem at first glance. It is worth taking into account building materials, the price of which is constantly growing. Therefore, many owners prefer not to carry out reconstructions, but simply to demolish buildings in order to create something more modern in their place.
Demolition of a private house: legislative framework and basic concepts
We have freedom of private property in our country. But the state provides special protection for both private individuals and government agencies, or other citizens for whom the demolition procedure will inevitably be associated with additional problems.
Permission to demolish private houses is a document that helps resolve possible disagreements. And officially confirm that neither party has any claims against other participants in the process.
When the law prohibits
The law separately describes the rules of care associated with objects of certain categories:
- Buildings that belong to protected areas.
- Architectural monuments.
- Historical monuments.
How to get compensation for demolishing a house? Watch the video:
A lot of effort will have to be made if a citizen owns an object that belongs to at least one of these categories. In most cases, such objects make it impossible to obtain a demolition permit.
The need to obtain permission
A permit will need to be issued if it is proven that the demolition of the structure will affect the rights or interests of unauthorized persons who live or are nearby. For example, such proceedings often involve co-owners.
This also influences the opinions of others regarding future demolition. Cultural and physical protection of society are the main factors that determine the decision to demolish buildings in a particular case. Representatives of the authorities always take care of persons for whom these actions are associated with damage, even small ones.
It becomes a mandatory requirement to enter information about the demolition procedure into the register. The relevant documents require the display of emergency buildings that are on the balance sheet of the municipality.
Who issues
Dismantling permission can be obtained by someone who has officially registered ownership of the building. Such matters are usually the responsibility of the administrative bodies of the municipality. An architectural bureau will also help.
You must contact your local office at the location of the facility. The legislative framework generally excludes the concept of demolition. It is being replaced by terms like reconstruction or dismantling.
Required documents. Photo: pravozhil.com
Judging by the current practice, certain conclusions can be drawn. On the site of demolished objects, buildings with similar characteristics are most often erected. In this case, there will be no need to issue a separate document.
List of required documents
You will need to draw up a special application form sent to local authorities. This statement describes the request to carry out the appropriate procedure.
The package of documents also consists of several other items:
- Land plan.
- Confirmation of ownership of the land on the territory of which the building is located.
- Evidence of the existence of a legal title to the property.
- Confirmation of the applicant's identity.
How to register land ownership? Read here.
Additional papers will be needed if a decision is made to demolish a serious building, with a height of three floors or higher.
- Evidence of agreement from other residents, their written consent. Additionally, a settlement diagram is shown.
- Documentation on the project, technical plan characteristics.
House dismantling: what are the rules?
The procedure can begin immediately after receiving the appropriate permission.
Compliance with safety regulations and urban planning standards are mandatory requirements.
- Construction waste is removed in full, and then its disposal begins.
- After dismantling, the area will be thoroughly cleaned.
- Be sure to turn off communications.
- The area will also require additional preparation. The perimeter is completely fenced to provide additional protection.
How to get a house declared unsafe and have it demolished? See here.
Material damage
Demolition of houses is a procedure that is associated with serious costs. You will have to rent special equipment if it is proven that you cannot cope on your own. Or you will need to hire specialists from a construction company.
Additional nuances
The nature of the construction work largely determines how the demolition procedure will proceed.
Demolition of a house without affecting the foundation
- For example, permission does not need to be obtained if a building is demolished, but its foundation needs to be left in order to build another object in the same place.
- How is a house demolished? Step-by-step instructions in the video:
In this case, you can use the concepts of “major repairs” and “house reconstruction”. This option is suitable when the area of the building remains virtually unchanged. But even the changes that have occurred can be taken into account in the notification procedure.
Complete demolition
You cannot do without dismantling the base part if the dismantling is complete, with the relevant information being entered into the register. The foundation is destroyed literally down to ground level. The conditions for disconnecting communications will need to be negotiated with the relevant services.
Actions after
When demolition is completed, you must contact the technical inventory authority. The institution’s specialists will draw up a special report after a full examination.
Required applications are:
- Passport with technical information.
- A document confirming that the house actually existed before.
How is an unauthorized building demolished and can it be avoided? Answers at the link.
Demolition does not require legal registration if the house was not previously registered in the BTI. And if there is no officially registered ownership.
Regarding costs
It has already been said above that many issues during this procedure simply cannot be resolved on our own. Requires the invitation of specialists or the use of additional equipment. And this leads to waste.
About cases of demolition for the needs of the city
The head of the administration must issue an official permit stating why a particular property needs to be demolished. The documentation collected on this matter is sent to the Federal Office of Architecture.
Among the mandatory attachments are the minutes of the commission meeting at which the plan and the urban planning decisions themselves were approved.
In addition, you cannot do without:
- Design and estimate documentation.
- Development standards.
When the protocol is approved, notices must be sent to citizens whose houses are planned to be demolished. An administrative decision is also issued, which appoints a special commission to deal with this issue. Citizens must be notified three times.
Stages of house demolition. Photo: pravozhil.com
The third notification must arrive no later than one year before the actual work on the site begins. Private houses deserve special attention in this regard. When purchasing properties, the cost should also take into account the availability of a land plot, not just the house itself.
The owners only have to re-register their property rights, observing the same conditions. In this case, title owners claim to immediately conclude lease agreements.
Conclusion
Demolition of a house in any case becomes a labor-intensive process, due to which considerable responsibility is imposed on the citizen. Compliance with safety measures and certain legal rules is mandatory.
Neighbors, city services, accounting authorities - the work must be coordinated with literally every interested party. But each stage will be completed easily and quickly if absolutely all the rules are followed.
You also need to familiarize yourself with the legislative framework. It’s good if you have the opportunity to contact specialists for additional advice. They will be able to take into account the nuances of a specific situation and a specific citizen’s request.
Attention!
Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below: Attention!
Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:
Attention!
Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write your question in the form below:
Do I need permission to demolish a private house?
It is not profitable to invest money in the reconstruction of an old house; it is cheaper and faster to demolish the building. Dismantling a building is considered construction work; demolition requires a permit from the municipality.
Legislative regulation
The process of demolishing a house is regulated by the Civil Code of the Russian Federation. Article 260 spells out the rights of the land owner. The event is also regulated by the Land Code. Article No. 40 (part two) states that the legal owner of the plot has the right to erect buildings that correspond to the intended purpose of the plot.
The third legislative act regulating the process of dismantling a house is the Town Planning Code. This reflects the procedure for obtaining permission to dismantle a building and SNiPs relating to the demolition of a house.
Why is it necessary to obtain permission to demolish an old house?
In Russia there is freedom of private property, but the state cares not only about protecting the rights of real estate owners, but also about the public. For persons living in the vicinity of the area where the building is being dismantled, dismantling may cause inconvenience.
ATTENTION! If a building has the status of a historical or architectural monument, its disassembly is impossible.
Obtaining permission to demolish a private house allows you to take into account the property interests of persons who oppose the demolition of the house, since rights are being infringed. For example, if there are co-owners of the property.
Neighbors whose home or outbuilding is adjacent to the dismantling object as a support may oppose the dismantling. The event may also deprive residents of nearby buildings of communications or damage areas. This becomes an additional reason for neighbors to oppose the demolition. Obtaining permission allows you to resolve disputes.
The issuance of an official certificate for construction work is due to the government’s concern for persons who will be negatively affected by the dismantling process. An additional justification for obtaining the document is control and accounting of residential buildings in the country.
Who issues permission to demolish a house?
Those citizens who have ownership rights to housing and land can obtain permission to dismantle real estate. The official document is issued by the local municipality and the architectural office.
There is no term “demolition” in regulatory legal acts. Instead, the definitions “reconstruction” or “dismantling” are used. The first term is used if a building with a similar area is being built on the site of a destroyed building.
According to the Town Planning Code of the Russian Federation, when reconstructing or constructing real estate that stands alone and has no more than three floors, design documentation is not required. State examination is not assigned to such buildings.
ADVICE! When dismantling a building, it is necessary to observe safety precautions: turn off communications, install fencing at the site of construction work. After completion of construction, remove waste.
Within ten days after the permit for reconstruction is issued, the following information must be submitted to the local administration:
- information about the number of square meters and floors in the new building;
- information about engineering and technical networks;
- a duplicate of the land plot organization plan indicating the location of the property.
In accordance with the Civil Code of the Russian Federation (Article 51, Part 19), permission to build individual housing construction on land is valid for ten years.
List of documents for obtaining permission
The administrative body is required to submit an application addressed to the head of the locality and attach to it a package of documents for demolition:
- passport of a citizen of the Russian Federation;
- documentation confirming ownership of the house and land;
- design documentation;
- boundary plan of the land plot;
- real estate inspection report.
If the building intended for dismantling consists of more than three floors and is intended to accommodate several families, the following is additionally required:
IMPORTANT! According to the Town Planning Code of the Russian Federation (Article 51, Part 15), permission to dismantle a building is issued without paying a state fee.
When you don't need a permit
If a property owner plans to dismantle a dilapidated building and build a new house, there is no need to obtain a permit.
After dismantling the building, a BTI employee inspects the site and draws up a report on the absence of the building and the construction of a new premises. Based on this document, the bureau employees delete the real estate entry from the register. After completion of construction, the property owner needs to register the house with the cadastral register.
If the area of the house under construction changes compared to the dismantled building, it is necessary to notify Rosreestr and the Bureau of Technical Inventory.
If the property is not included in the BTI database and ownership of the house is not registered, construction work is carried out without legislative fixation.
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