If you own land you can build a home on it: Russia changes law to replace planning permission with simple notification scheme


Olga Golovetsky

[Story courtesy of Yuriy Smirnov, many thanks]
Notice of individual housing construction and registration of houses

Notice of individual housing construction and registration of houses

How to register private houses after the cancellation of the building permit.

In the summer of 2018 entered into force the Law of the Russian Federation No. 340 substantially amended certain provisions of the town planning code and some other legislative acts.

The SPC “Nagkagusto” explained that now private developers are not required permission for construction or reconstruction of residential buildings. It is enough to send her notice of the proposed construction on the relevant form approved by Order of the Ministry of the Russian Federation. As for houses, the simplified procedure of registration of the Declaration and techplan still valid for 2 months — in January and February. This is particularly important for owners of the already built cottages and houses.Those who are just beginning the construction of housing, must be submitted to the local authority a notice of its beginning, which is from March 1, 2019 becomes binding.

The main changes in the design of the building by law

The amendments focus primarily on the requirements of individual housing construction (IZHS). On the one hand they aimed at the simplification of individual housing construction on the lands of settlements and gardeners, on the other hand, the prevention and elimination of ongoing violations in this area.

So, from now on, the legislation imposes restrictions on the size of the constructed residential buildings. It can be detached homes up to 3 floors above ground and not more than 20 m, which are represented as a single object of real estate.Thus, excluding the possibility of building houses for their further division into a number of owners, the legislator addresses the possibility of construction of a dwelling house under the guise of individual housing or townhouses, presenting them as cottages. In this case, it turned out that one plot of six acres had to own a few property owners.And it allowed each of them to sue the allocation of their respective share in kind.

Registration of unfinished buildingsRegistration of unfinished buildingsDesign of buildings and houses under the new rules is based on the technical plan that forms the cadastral engineer. When the construction for any…# building Homes and apartmentsWelcomed 340 Law No. members of gardening non-profit associations (SNT). This year, each of them has the right to build on his land a dwelling house and residing therein, to register his family. Or, if there is on the site of cottage or garden house, to change it to residential. This will allow him to pay for electricity under the new tariff. That is, 30% less, as provided for homes located on land SNT.

The actions of an individual developer prior to and on completion of construction

For the owner of a plot of land in the village or in the CHT who wants to build a new residential or garden house, to start his actions, you must supply the appropriate notification to the local administration. It does not require the provision of urban plan and scheme of the land plot with the future house. The staff of the Commissioner division of administration or self-government body within the working week will verify compliance with the parameters of the future home specified by the developer in its notice, provided by the legislation norms.In the absence of any violations, I will send him a notification about the possibility of building a house on the plot, which is valid for 10 years. This entitles you to the start of construction. But the developer can commence and in the case that such feedback from the administration they have not received. His failure is equivalent to saying that the future construction is compatible.

When construction is completed, the developer is obliged to submit to authorised local notification to the administration in the form prescribed by the Ministry of construction. Attached is the technical plan, the notice of start of construction, a return notification of the authorized body on the results of the verification and Declaration to the house. After that, the local administration or the competent authority checks the house erected on its compliance with the town planning regulations. Which is documented in a notification. After these documents and the technical plan sent to the Federal registration service.Having considered them, the institution puts the building in the cadastre and registers the right of ownership.

Receiving a failure notification about the planned construction

Local property developer might be sent return notification that the parameters of the house, indicated in his notice of upcoming construction, do not correspond to prescribed laws regulations. Or that building a house in the specific area is impossible for technical reasons (for example, above it is a high-voltage power line), in the absence of the developer rights to it or for other reasons. In any case, this means a ban on the construction.But in order not to get into a difficult situation, its better to seek the assistance of competent in this matter entities. Lawyers GKI “Nagkagusto” will help to find the way out of the situation and achieve a positive result. Will issue a notice in accordance with the requirements and gather a full package of documents, which guarantees a positive response from the competent authorities.

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