Validity of a building permit: the influence of various factors

Building a house - multi-apartment or individual - is always a complex process. And not only because it includes a huge variety of works. Also, the one who started the construction needs to prepare and approve the project and draw up other technical documentation.

And another task is to obtain permission to build a house. The procedure for processing all documents may not last much shorter than construction work .

1 Features of project documentation
2 Basic requirements for permission
3 Is this always necessary?
4 When you definitely won’t need it
5 Who issues the document
6 Registration procedure
7 Validity period
8 Cost
9 Grounds for refusal
10 Liability for violation

Permission to erect a particular structure is of great importance. It confirms not only the developer’s rights to carry out the work, but also that the project is consistent with the use of the site. The document is issued by authorities and has certain validity periods; it must accompany the construction of various objects; it is also needed during the reconstruction of buildings.

Conducting construction work without a permit is illegal, and you can face big problems if you work without a document. What is the deadline for issuing a construction permit, how to obtain it, is such paper required for all types of construction? The information is useful for both construction companies and their customers, who may also face difficulties if they do not request the document on time.

Features of project documentation

The design and permit for construction work are standard documents accompanying any construction project. The permit confirms that the developer actually has the right to construct the facility, and that the site is suitable for the construction of an individual residential building or apartment building.

What is a building permit?

In fact, this is a document that confirms:

the right of the owner to erect an individual building on a plot of land belonging to him;
compliance of the developed project with the urban planning plan of the land plot.

Issues related to the execution of a permit document are regulated by the Town Planning Code (Article 51), where it is noted that it represents the following set of information:

site design;
results of the survey (if necessary);
what actions can be taken in the future with the constructed building.

Any actions related to the construction of a residential building are subject to approval. Source ya-kadastr.ru
If the intention to build your house is firm, first you should decide whether you need permission to build a house on your own site. In 2021, it will not be possible to do without it only on the grounds that the land is registered as a property, that we are talking about an individual housing construction plot (individual residential construction).

Obtaining approval is mandatory for land plots for individual housing construction, regardless of whether the house will be built on a rented or own plot. In addition, without permitting documentation, it will be difficult to register a house in the cadastral register, since it will be necessary to legitimize the self-construction through the court.

Basic permit requirements

ATTENTION! The main purpose of the permit is to confirm the safety of construction.

The document is made after a thorough study of the design documentation and the features of the development site. The permitting paper indicates that the project complies with existing building codes in its architecture, technologies, and materials. When the house is built, it will not pose a danger to the surrounding nature, people, or other objects.

There are several requirements for drawing up a document:

The permit must be drawn up taking into account the town planning code.
Taking into account fire safety requirements.
It must comply with sanitary and epidemiological and construction standards.
Also a mandatory requirement is that the document complies with technical supervision standards.

Is this always necessary?

All construction companies are familiar with the requirements under this document, and private developers have heard that they need to obtain permission to build a residential building .
But is it worth seeking the provision of such a document for the construction of a summer house or garden house? There are several nuances to this issue. Until recently, dachas were built without permission, but then their construction became possible to legalize thanks to the law “on dacha amnesty.” But dacha owners increasingly want to designate their home as a capital construction project intended for permanent residence.
The lack of a building permit will create many obstacles in resolving the issue. This document will also be required if the owner of the dacha wants to supply electricity, gas, and other communications to it. Therefore, if you are just planning to build a country house, it is better to complete the standard documents right away . There will already be enough problems when considering the transfer of a dacha to the rank of a residential building, with subsequent registration.

ATTENTION! If the land plot according to its category is initially intended for individual residential construction, a permit is required.

Validity period of the building permit

The construction permit is retained for the entire time specified by the organization's project. The validity period is 10 years. During this time, you can continue to build a house. Before the end of the specified validity period, the facility must be put into operation. The body that issued the document can extend it if necessary, or issue them at individual stages of construction.

How to renew

To renew the permit, the developer must submit an application no later than 60 days before the expiration date to the same authority that issued the paper earlier. A refusal may be received if, by the end of the deadline for filing this application, construction, reconstruction or major repairs of the facility have not begun. In case of shared-equity construction, an additional agreement will be required that reflects a bank guarantee confirming the proper fulfillment by the developer of obligations relating to the transfer of residential premises to citizens whose funds were raised.

When you definitely won't need it

The regulations for the preparation of construction documentation do not require obtaining permission for the following buildings:

A garage built on non-commercial land.
Structures necessary for laying utilities.
Objects of a non-capital nature (gazebos, for example, bathhouses).
Temporary housing (cabin, construction trailer).

There is no need for a document to carry out major repairs when making minor changes to the design of the structure.

Individual or capital construction

For individual housing construction, the development of design documentation is not required. Consequently, a construction organization project is not being developed, according to which the construction period could be determined in each specific case. Therefore, for such objects the validity period of a construction permit is ten years. If necessary, this period can be extended in accordance with the established procedure, as will be discussed below.

Capital construction or reconstruction is carried out on the basis of developed and approved design documentation. One of the sections of project documentation is the construction organization project, which indicates the time required for the construction or reconstruction of this facility.

Who issues the document

When receiving any document, it is important to know where to go, who is signing, what papers are needed for registration.

IMPORTANT! In most cases, you need to apply to local authorities for permission to construct a particular facility.

Local authorities are authorized to issue this document, taking into account all registration requirements. But the procedure depends on the land on which this or that object is being built and the purpose of the structure:

When a future facility will be used using nuclear energy, you need to go to the Federal Service for Environmental and Nuclear Supervision for permission.
When building on the territory of historical settlements, it is impossible to do without permission from the executive authority that deals with cultural heritage sites. There are such bodies in every subject of the Federation.
When natural resources are involved in construction, permission is given by the Ministry of Natural Resources of the Russian Federation.

Accompanying documents for obtaining a construction permit

When answering the question of what documents are needed for a building permit, you can use the Town Planning Code. The process will take a lot of time. According to Article 51, the following are required:

title documents;
design documentation;
documents identifying the applicant;
a statement that is written in the local government body according to the model already upon application.

Title documents

First on the list of required papers are title documents. The main thing in this case is the certificate of state registration of the right. Instead, there may be an agreement of will, gift or sale. The first document is received through the portal of state and municipal services or during a personal visit to Rosreestr. To obtain a certificate you will need a certain package of documents:

Confirming the identity of each party to the transaction;
certificate of inheritance, court decision or other document serving as the basis for registration of property rights;
loan agreement when purchasing a property with a mortgage;
previously received certificate of registration;
document confirming payment of state duty;
cadastral passport of the object, if it has not previously been provided to Rosreestr;
registration application.

Project documentation

The second step in collecting all the papers necessary for permission will be the preparation of project documentation. According to Part 7 of Article 51 of the Civil Code of the Russian Federation, it includes:

explanatory note;
a copy of the layout diagram of the land plot where construction is planned, indicating the location of the capital construction project, passages and entrances to it;
a copy of the planning organization diagram of the land plot indicating the red lines;
architectural solutions;
project for organizing dismantling or demolition work;
a summary plan of engineering and technical support, on which connection points are marked;
construction organization project;
description of the accessibility of a social facility for disabled people;
conclusion of the examination of project documentation;
permission to reject some parameters;
consent of copyright holders for reconstruction.

This applies to capital construction projects. The developer compiles them independently or contacts special organizations that will do this for a fee. To obtain permission for individual housing construction, from the project documentation you only need:

urban planning plan of the land plot, issued within the last three years before the date of writing the application for permission;
a diagram of the planning organization of the land plot, which indicates the location of individual housing construction objects;
a description of how the object will look externally if construction is planned in the area of historical settlements.

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Conclusion of the state examination

One of the required documents is a positive conclusion from the state examination of project documentation. It is carried out by local executive authorities, even in the case of a country house. You must apply there with the package of project documentation indicated above. A non-state examination can be carried out in any region, but along with the conclusion you will then need to provide a copy of the accreditation certificate of the legal entity that issued the paper.

Urban plan of the site

This document must be issued no earlier than 3 years before the day when the developer submits the required papers to obtain a permit. The plan can be obtained from the Department of Urban Development and Architecture of the City Administration. The provision period is 3 months (according to Article 46 of the Civil Code of the Russian Federation). There is no charge for this service. To obtain a plan, the following documents are required:

topographic survey of the site with marking of underground, above-ground and above-ground structures;
confirming the identity of the applicant;
an application written by the developer for the issuance of a plan;
Cadastral and technical passport of the object.

Registration procedure

The procedure for completing the document is standard. First, specialists develop design documentation.
It is more profitable to contact specialists, since they prepare a comprehensive package of documents. If you act on your own, the process will drag on, because you need papers on architecture and laying utilities. The prepared project, along with the application, must be submitted to local authorities, which must review the submitted documents within 7 days. If the object and construction has any special features, you should contact other relevant authorities (Ministry of Environment, authorities for the protection of cultural heritage sites).
To obtain permission, in addition to project documentation, you must also prepare title documents for the land. This could be a certificate of heritage or registration. You also need a cadastral passport and a receipt for payment of state duty.

When completing the ordered document, representatives of the governing body may require access to the construction site in order to check its condition in reality.

Duration and termination of the permit

A permit for the construction of an individual residential building received in 2021 remains valid for 10 years. This period is sufficient to complete the construction of a construction project (possibly reconstruction).

If necessary, you can temporarily freeze construction work - the permit to build a private housing construction building remains valid for 10 years Source proektproekt.com

The developer must, within 10 working days after receiving the approval, provide the authority that issued it with additional documentation on the number of floors, utility networks, area of the facility, etc.

The document will be suspended temporarily if:

special work is carried out without the required permission;
there is a threat to the health and life of people;
the rights to use neighboring land plots were violated.

If the violations are eliminated completely (this takes from 10 to 90 days), the permit is renewed. However, the deadlines allotted for construction will not be postponed.

The validity period can be extended by a maximum of 3 months if construction work has already begun.

To do this, you need to adjust the schedule and, together with the rest of the documentation, transfer it to the institution that issued the permit. This must be done 60 days before the end of the approved period.

If construction work is already underway, then, if necessary, you can extend the approved time frame by 3 months Source gorod-novoross.ru

It is possible to completely cancel the validity of the permit if

the reasons why the permit was suspended have not been eliminated;
continuation of work renewed the threat to the population;
damage to utility networks is caused;
urban planning, sanitary or construction standards are violated;
significant violations of the project are identified;
contractual obligations are ignored when performing construction or reconstruction work;
Three months were not enough to eliminate violations that threatened people’s lives and health.

To resume work in such cases, you will have to obtain a new permit.

Validity

How long is the issued permit for a private house construction valid? You need to know the answer to the question so as not to miss deadlines and not have to worry about obtaining the document again. The validity period of a building permit is 10 years.

It must be taken into account that during this time it is necessary not only to construct the object, but also to put it into operation. If you cannot invest within this period, you may be able to obtain an additional permit. But you must apply for renewal of the document no later than two months before the expiration date. But if the applicant has not even started construction within 10 years from the issuance of the permit, he may be refused an extension.

Time frame for construction after obtaining permission

In accordance with the law, this period is ten years. During the specified time, construction can be carried out. However, the facility 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 individual stages of construction of the facility.

If an extension is necessary, you must contact the relevant authorities no later than sixty days before the expiration of the previously issued permit. Moreover, if the construction of the facility has not even begun, it is possible to receive a refusal to extend the validity of the document.

Now you know not only the deadlines for obtaining permission to build a house, but also the validity period of the above-mentioned document.

Grounds for refusal

When issuing this document, the authorized bodies rely on the provisions of the Town Planning Code. This collection of regulations indicates what documents are needed for a permit. If not all papers are collected, there will be a refusal.
Another reason for refusal will be violations in the preparation of documentation, non-compliance with requirements and standards.
Permission is not given for construction on protected lands, in areas that are intended for the needs of the state.

If the applicant does not have documents confirming the rights to the land selected for the construction of a particular facility, he will also not be able to obtain permission.

What is a building permit

Building permits are documents issued by the city's planning department to control and approve any structural changes.
It is necessary to obtain a building permit if you plan to improve the house yourself or build with the help of a contractor, architect or builder. Building permits ensure that individuals comply with building codes governing the demolition, renovation, installation, construction, addition, or other change in use of a building. It is necessary to have a building permit when persons are involved in the construction of real estate, because the Government of the Russian Federation regulates the safety and purpose of buildings. This is required to indicate residential to commercial uses, as long as the property is zoned for business.

A building permit is not just a piece of paper, but a long process that includes several stages of completing the necessary documentation. The city planner will approve this idea and only then can construction begin.

After demolition or partial construction, the authorized persons send the contractor to authorize (confirm) what has already been done. When construction is completed, final signed documents will be required to make the building legal, official and open for use.

Responsibility for violation

When a developer does not want to waste time, money, or does not apply for permission to construct a particular object, he will feel the consequences of his irresponsible act quite quickly:

A violator of construction legislation may receive an order to demolish the constructed facility.
Even if such an order has not been received, it will not be possible to connect the house to utilities or the electrical network without a completed document for construction work.
The BTI will not register such an object and will not draw up the required documents. It will not be possible to sell, exchange, or rent out the building.

A significant fine may also be issued for violating the law. But even without a fine, the types of punishment listed above are enough to make all construction costs empty and useless. When there are no serious grounds for refusal, the permit is issued in a short time, without obstacles; there is no point in taking risks and violating legal requirements.