How to obtain a permit to build a house in SNT in 2020
From the spring of 2018, persons, those planning to build a house on a land plot before starting work must necessarily obtain a permit for the construction of a residential building in SNT from the municipality.
Let's consider the peculiarities of paperwork, how to register an object in Rosreestr and what consequences can be encountered if we engage in illegal squatter.
SNT can be divided into gardening and horticultural plots. On the first types of allotments, the construction of large houses is completely prohibited. It is possible to build a residential house on horticultural lands, but with some restrictions:
- The land must be within the boundaries of the settlement.
- There are town planning regulations according to which it is allowed to build garden / residential buildings.
If the site is located outside the town, then any construction is prohibited. On the site in SNT, you can build residential and garden houses, and you can live in the latter only in the summer, and residential ones are suitable for year-round stay, and they require permanent registration. The legislation establishes the types of land where construction is prohibited - this is land of water, forest resources, industrial or defense, as well as specially protected areas.
How to issue a permit so that you can start building a house in SNT? To begin with, make sure that both the future house and the land fully comply with the legal requirements.
Residential buildings on land for gardening have the following requirements:
Please note that if you are planning to build a garden house, and not a residential one, you may not comply with the temperature requirements. There are also additional requirements for the land plot:
So, let's move on to preparing documents.
Before starting the construction process, it is important to contact the local administrative authorities and obtain a permit. Otherwise, the construction will be declared illegal.
Obtaining permission and registering rights in Rosreestr consists of such actions.
It is required to submit a notice of planning the construction of a garden or residential building in the notice you must specify the following information:
Below is a sample. Also, copies of the RF passport and documents establishing rights to land are required to be attached to the notification, while if the applicant's right is registered, then such documents may not be attached, and if there is no registration, then the condition becomes mandatory.
Next, you need to go to the department that is responsible for issuing a permit for the construction of non-residential and commercial facilities. Typically, this is a committee or department for urban planning and architecture.
If the allotment of land is located in a territory with a special status (for example, a territory with an environmental designation), then it is required to send a notification with documents to the regional committee that manage such lands. If there are different methods for submitting documents to the authorities:
Capital residents can also ask for help at the center "My Documents", registration only by phone.
The municipality will consider the application and make a positive or negative decision. In the first case, a person receives a notification within 7 working days, and if the building is on the territory of a cultural or historical monument, then the period for sending the notification increases to 20 working days. If there is no answer, this can also be regarded as a positive decision. The notice is valid for 10 years. But a negative answer can come in this case:
If the deficiencies can be corrected, then in the future the applicant can apply to the administration again.
How to notify the administration about the completion of construction?
After that you need:
- Finish construction work before the end of the validity period of the permit by the municipality.
- Contact the cadastral engineer and get those.
plan of the object.
- Notify the administration about the completion of work (the maximum period is a month from the date of completion of construction work, the methods are the same - directly, through the website of the State Service, the MFC or by mail).
Notification of completion of construction will be similar to notification of planned work for a permit. It is only required to indicate the details of the document on the state fee for registration of rights in the register. The following documents must be attached to the notification:
plan of the object.
Within 7 working days, the applicant will be sent a notification that the residential property complies with the norms and legal requirements. But sometimes even those will declare that they have received a construction permit on the SNT site, after notification of the completion of construction, they receive the most pleasant letter, which indicates that the requirements have been violated.
The reasons may be as follows:
Such cases are usually considered through the court on an individual basis.
The last step, in which the applicant does not need to apply to Rosreestr on his own, since the application for registration is sent by the municipal authorities.
After sending, the owner will be informed. When the registration is finished, the registration can be considered complete. The owner receives an extract from the register.Moreover, if the municipality for some reason did not send an application, the owner can do it on his own. At the same time, Rosreestr sends a request to the municipality to obtain all the necessary information.
Responsibility for construction without permission
A building that has been built without permission cannot be inherited, donated or sold. Such a house does not have official documents, which makes it impossible to conduct legal transactions. Illegal buildings can impose high taxes, which are several times higher than the standard fees. If there is an illegally built house on the SNT site, then the owner must go to court and prove the compliance of the object with safety requirements and urban planning standards. The resulting ruling from the court is sent to Rosreestr.
Sometimes the municipality itself goes to court to demolish an unregistered building, and a counterclaim is required to prevent such cases.
Legislation establishes the following methods of transferring a garden house into a residential one:
- Reconstruction - in this case, the procedure is similar (first, the administration is notified about the construction, etc.).
- Appeal to a residential authority with a statement about changing the purpose of a garden house (attach a technical plan and title documents for real estate).
In the role of reconstruction, extensions can be used - additional garages, baths, living quarters, which are combined with the house.
Attic and additional floors are also capable of changing the parameters of the house, which means that they belong to reconstruction work. At the same time, major repairs, renovation of floors, roofs are not related to the reconstruction process. The transfer of non-residential premises in a house to a residential one can be attributed to a recommendation, despite the fact that the area of the house and the number of storeys have not changed.
We do not recommend demolishing the old house and building a new one in its place, pretending to have been reconstructed. It is better to order a survey from a cadastral engineer - according to it, the house will be declared unfit for habitation, after it will be allowed to be demolished, and then you can notify the municipality about the planned construction work.
If this is not done, then local authorities may recognize the house as an unauthorized building and refuse to register it, which will require the initiation of legal proceedings.
It is not necessary to obtain a building permit in SNT if you plan to build a gazebo, bathhouse or garage. It will be enough to draw a plan, attach to it an application for registration, a receipt with payment for 2000 rubles, title documents for the land and send it by registered mail to Rosreestr. If you plan to build a bathhouse or a garage for a car, and the main house is not decorated or does not exist at all, then your brother's permission will be required to build such outbuildings. If this is not done, then the object is recognized as an arbitrary construction, and then requirements for demolition will be put forward.
Is permission required to build a house on SNT in 2020? This is an extremely important stage for every person planning to build a house on such land. It is important to notify the local administration of the upcoming work and completion, and then contact Rosreestr and register the object. In the event of conflict situations, disputes are resolved in court.
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