They don't give permission for construction. Main reasons
The legislation provides for 6 cases when an authorized authority responds to a request for a construction permit with a reasoned refusal. This applies to situations in which:
- The documentation submitted by the applicant does not comply with the provisions of the GPZU: inconsistencies were identified between the actual characteristics of the object and the possible types of permitted use of the land underneath it, during the placement of the building the minimum setback values were violated, the structure is located in a restrictive zone. This reason is the most common for refusing to issue a building permit on individual housing construction lands.
- There are no required sections in the project documentation.
- During the examination of design documentation, certain difficulties arose. For example, the law requires an examination to be carried out for an object with such characteristics, but the applicant does not have a positive conclusion.
- The reconstruction of an individual residential building is planned, and one or more rights holders are opposed to such measures.
- There is no complete set of documentation necessary to carry out actions with cultural heritage sites or buildings located within historical settlements.
Construction permit
First, let's talk about what documents the land owner will need in order to start construction.
The process of obtaining a building permit is quite difficult, and it may also take some time, but the documents received will allow, firstly, to begin construction, and secondly, to avoid fines and other unpleasant consequences.
Action plan:
- submitting an application for construction addressed to the head of the state department (documents confirming ownership of the site, a project for future construction, an urban development plan and a plan-scheme are attached to the application). It is also possible to submit an application through the MFC and online through the government services portal;
- pay the fee;
- waiting for a decision (up to 10 days).
The difference between a town planning plan and a site plan is that the latter contains topographic survey information and a layout of underground utilities.
Good to know: a permit for individual housing construction has an established validity period of 10 years.
Building permits are issued by various authorities depending on the type of building and its purpose. Thus, permission to build a private house must be obtained from the State Architecture and Construction Supervision Authority.
The document itself goes through a large number of different stages before approval, and if the application is eventually refused, it will be clearly justified.
What to do if you receive a refusal?
A number of legislative norms define a procedure for appealing cases when the local administration does not issue a building permit. The decision made by the authorized body can be challenged pre-trial or through an appeal to a judicial authority.
The refusal can be confidently considered illegal if the applicant provided all the documents required by law, and the administration representatives did not provide justification for their negative decision. In any cases other than the six listed above, an unsatisfactory decision by the local administration can be considered illegal and challenged.
In pre-trial resolution of the problem, the applicant sends an official letter to the local administration with a request to recognize the actions of a specific authorized employee as contrary to legal norms. To recognize management’s actions as contrary to legal norms, you should contact the local administration office.
The management of the district administration considers applications to challenge refusals to issue construction permits within five working days. In addition to the application itself, the authorized person carefully examines the reasons with which the local administration justified the negative decision.
The application review process can have two outcomes:
- issuance of a refusal and a detailed description of the motivation for making such a decision;
- taking the applicant's requirements into account with the subsequent cancellation of the decision of the local administration and imposing on the authorized person the obligation to issue a construction permit within a certain time frame.
If a citizen has doubts about the adequacy of the results of consideration of the application, then the actions of the authority’s management can be appealed through higher management. In this case. The review of the information contained in the complaint will be of a collegial nature. After consideration of the claim by a special board, the applicant will receive a detailed written response.
In practice, it becomes obvious that mechanisms for pre-trial resolution of the problem are more accessible to the population. If the results of such measures do not satisfy the applicant, he has the opportunity to appeal to the court in search of justice.
The applicant does not necessarily have to start resolving the conflict from the pre-trial stage. If he adheres to the appropriate position, the appeal can immediately take place within the framework of a court hearing. To make claims and have a chance to have them satisfied, it is important to correctly identify the defendant.
Changes to building permit refusals in 2018
2018 did not make significant changes to the practice of refusing construction permits. The legal basis for granting permits for the construction of residential buildings is given in Article 51 of the Civil Code of the Russian Federation. Certain changes will take effect in 2021
Clause 18 Art. 1 comes into force from 01/01/2021.
18) Article 51 shall be supplemented with part 3.2 as follows: “3.2. It is not allowed to issue construction permits if there is no information in the Unified State Register of Real Estate about the boundaries of the territorial zones in which the land plots on which construction or reconstruction of capital construction projects are planned are located (except for the construction, reconstruction of federal significance, regional significance, local values of the municipal district and capital construction projects on land plots to which town planning regulations do not apply or for which town planning regulations are not established).»;
This year the so-called “dacha amnesty” is ending. Permission is not required for objects built before the specified date, provided that the applicant has time to submit documents for state registration. In such cases, the only paper confirming the creation of a residential building and containing its detailed description will be a copy of the cadastral passport. If the registration documents are sent later than March 1, 2021, then the lack of a construction permit will become a serious obstacle to the successful completion of the procedure. The permit itself will turn into a necessary document, the refusal of which is no longer possible.
In other respects, the procedure for issuing permits for the construction of permanent residential buildings will be almost identical to previous years.
The house was built without permission, what should I do?
A building that is formed without authorization is also a house for residential purposes; it is not only a house, it can be another building, but your building or whatever it is called - a structure or real estate created on a land plot, not allocated for purposes in the order that established by laws.
Of course, the latter option is more convenient and has a large percentage of the output and a good opportunity to engage in the procedure in question. But if a person does not have a lot of time and enough strength, this is sometimes difficult to do, since everything is required by law. You will be required to come to our office at least 2-3 times, rewrite the application several times if one method does not work, and our citizens have become so lazy that sometimes they consider it too much to achieve. Of course, our company is always happy to help in providing services related to architecture and collect the documents for you yourself, but why waste extra money if you can do it all optimally for your wallet?
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Professional help
If you are faced with a refusal to issue a building permit and do not know how to resolve the situation, we will be happy to help you. The professional staff of our company have extensive experience in resolving such conflicts. We are not afraid of the most complex cases and are ready to provide professional assistance even to those clients who have already been refused by the local administration. You can read about the service here
Attend your first free consultation with leading specialists of our company tomorrow. Leave a request through our website, and we will call you back to schedule an appointment. After a detailed study of the documentation, a company representative will prepare an expert opinion on the prospects for issuing a construction permit in a particular case.
We accompany our clients at all stages of obtaining the necessary documentation to protect them from possible mistakes. Enormous experience in interacting with administrative structures allows us to quickly find a way out of the current situation and correct shortcomings previously made by the client or other specialist.
What are the dangers of numerous attempts to resolve the situation on your own? The lack of a minimum amount of specialized knowledge and all the necessary documentation leads the applicant to receive a refusal every time. As a result, you lose finances and an even more valuable resource called time. Interaction with professionals from our company will allow us to establish justice in record time, which is important for many of our clients. All about permission to build individual housing construction
Statistics of work carried out to obtain a construction permit in the period 2016-2018
| Year | Quantity | Took up after refusal | The decision is positive in pre-trial order | Positive decision in court |
| 2016 | 147 | 23 | 132 | 15 |
| 2017 | 265 | 48 | 258 | 7 |
| 2018 | 32 | 12 | 32 | 0 |
Reviews from our clients
For this article, we selected several reviews from 2017-2018. Clients who contacted us after refusals to obtain a building permit:
| Scanned image (Clickable) | Review text |
| Full name: Sementsov Roman Arkadyevich Date of conclusion of the contract: November 23, 2021 Date of completion of the contract: February 15, 2021 Type of services provided: assistance in refusing to issue a building permit, complete registration of the house. Before contacting you, I was seriously let down by another company and did not return my money. Trust was at zero, but your method of work, stage-by-stage payment gradually brought me back to the confidence that there were still professionals, because I thought that the house was already demolished or there would be fines. The whole Internet is talking about it, but now I'm calm. | |
| Full name: Kiriemko Oleg Date of conclusion of the contract: December 14, 2021 Date of completion of the contract: March 21, 2021 Type of services provided: helped with the administration’s refusal to issue a building permit. The most positive experience. The main thing is that they helped decorate the house. What I liked: the office and manager Elizaveta. What I didn’t like: I didn’t see any shortcomings. Wishes and recommendations: I can’t be an advisor | |
| Full name: Dotsenko Roman Olegovich Date of conclusion of the contract: November 14, 2021 Date of completion of the contract: February 01, 2021 Type of services provided: helped resolve the issue with the refusal of a building permit, issued a dacha. Good. They called, notified and kept us informed. Thanks to the managers. What I liked: everything is ok. What I didn’t like: a lot of signing documents. | |
| Full name: Marina Sergeevna Zemlyanskaya Date of conclusion of the contract: December 10, 2021 Date of completion of the contract: February 16, 2021 Type of services provided: assistance in case of refusal in coordination with airports and refusal of a construction permit. I contacted to order a building permit. They approached the matter very carefully. They advised us and told us what problems might arise. We signed the agreement and started doing it. It turned out that at the end of December we need to coordinate with the airports. The specialists immediately contacted me and explained in great detail what and how to do. At first I received a refusal (not knowing about the airport), then, in connection with this, Moszemcom specialists helped me submit documents competently and correctly. I express my deepest gratitude. What I liked: responsive employees, help and advise at all stages. | |
| Full name: Propelov Nikolay Viktorovich Date of conclusion of the contract: November 4, 2021 Date of completion of the contract: January 23, 2021 Type of services provided: assistance in obtaining a building permit in the city of Khimki. Out of many companies, it was you who agreed to solve my problem with airports. At first I tried to coordinate with Sheremetyevo myself, but it was unrealistic on my own. And thank God I found your company! Therefore, I am sincerely grateful to you! What I liked: a complete explanation of the situation and during the work they called me back at every step and kept me informed. | |
| Full name: Akritin Egor Olegovich Date of conclusion of the contract: December 15, 2021 Date of completion of the contract: February 28, 2021 Type of services provided: helped with coordination with airports and issuance of a construction permit. It was necessary to obtain a building permit, but having received the urban planning plan for the land plot, I came across coordination with the airports... And then the process of obtaining a permit simply stopped. That's when I decided to turn to you for help. received construction permits in just 3 months, including airports. I tell you, THANK YOU! What I liked: deadline. | |
| Full name: Salantiev Viktor Afanasyevich Date of conclusion of the contract: November 30, 2021 Date of completion of the contract: March 02, 2021 Type of services provided: coordination with Domodedovo Airport. In the process of obtaining a construction permit, I encountered the problem of coordination with Domodedovo Airport. What I liked: employee Alexander assured that they could coordinate the necessary documents with the airport; he did not deceive me. Everything is on time. | |
| Full name: Volodin Alexey Ivanovich Date of conclusion of the contract: November 28, 2021 Date of completion of the contract: March 26, 2021 Type of services provided: permission and legalization of buildings helped. We received a building permit and registered the bathhouse. An agreement with Chernoye airport has surfaced. The guys quickly agreed and registered the house. What I liked: fast and for reasonable money. What I didn’t like: the surprise with “Black”, but the guys turned out to have nothing to do with it and helped. | |
| Full name: Kiriemko Oleg Date of conclusion of the contract: December 14, 2021 Date of completion of the contract: March 21, 2021 Type of services provided: helped with the administration’s refusal to issue a building permit. The most positive experience. The main thing is that they helped decorate the house. What I liked: the office and manager Elizaveta. What I didn’t like: I didn’t see any shortcomings. Wishes and recommendations: I can’t be an advisor |
Video on the topic: Nikitin “obtaining a construction permit throughout the country should take no more than a hundred days.” Andrey Nikitin, General Director of the Agency for Strategic Initiatives.
