The rules governing the activities of developers have been revised several times in recent years. One of the innovations was the expansion of the rights of building associations, participation in which in itself acted as a license. Along with this, the procedure for issuing construction permits has been preserved, in accordance with which development organizations receive rights to implement their projects. Typically, companies planning to build capital construction facility, problems with obtaining such permission does not arise.
Even at the stage of preparation for work, developers must have the entire list of technical documentation that allows them to conduct construction in accordance with the supervisory and urban planning authorities. In turn, the permit becomes the final stage at which the final verification of documents for the project is carried out.
Why do I need a building permit?
The rights to carry out reconstruction and construction works are a document that indicates that the project declared by the recipient complies with the standards of the urban development plan. The presence of this document makes it possible to carry out construction work, as well as the restoration and repair of facilities. In addition, the issuance of building permits can also be carried out in cases where only partial works are planned. For example, if the developer takes on only the construction of the foundation or the design of the facade.
Validity period
The document is provided to the developer in duplicate and remains relevant for the time specified in the reconstruction or construction project. If already in the course of work the rights to the land or construction object are transferred to another owner, then a change in the term is not expected. Also, if necessary, the developer can apply for an extension of the duration of the right to build. In particular, the rules for issuing a building permit provide for the possibility of increasing this period, provided that the application was submitted at least 2 months before the moment the current document ceases to be valid. They may refuse to extend the time for construction if the work has not been started by the time the application deadline for increasing the time for the implementation of the project expires.
Who issues the permit?
The local government has the right to submit a document. This means that the issuance of a building permit is carried out where the land plot or construction object that is part of the developer’s project is located. There are also exceptions, according to which authorized representatives from the executive federal authority and local representatives of municipalities and constituent entities of the Russian Federation can perform this function.
This exception applies if one organization plans to work with linear facilities or intends to conduct construction (reconstruction) in different entities or municipal areas. That is, the management of the issuance of building permits requires the involvement of authorities of the appropriate level, up to the federal one. Extension of rights to extradition is also valid in cases when reconstruction or construction is planned on the territory of an administrative facility.
Who is issued a building permit?
Almost all development organizations and developers should receive a document allowing them to carry out their activities. From a legal point of view, applicants can be legal entities or individuals who intend to conduct construction work on their territory. In most cases, construction permits are issued for companies within self-regulatory organizations. Participation in such associations, as a rule, facilitates the passage of such procedures. Actually, without membership in the SRO, reconstruction or construction is completely impossible - in any case, if we talk about capital facilities.
Documents for obtaining permission
When applying for a permit to erect a building, the developer must attach the following documents to it:
- Evidence of rights to the land or construction site.
- Plot plan.
- Project documentation.
- Expert opinion of the technical documentation of the project.
- If reconstruction of an object, the rights to which are not owned by the developer, is carried out, then the consent of all owners of the structure is necessary.
Abuses of power by the authorities of urban planning control and the illegal issuance of building permits mainly relate to ignoring property documents from third parties when the rights of interest holders and other categories of owners of real estate or land are violated.
Document Application Procedure
To obtain permission for reconstruction or construction, it is necessary to send an application in the established form and a list of the above documents to the department. Applications are usually accepted on business days, and the period for issuing a building permit is no more than 10 days. During this time, the committee checks the package of attached documents for compliance with the project and the requirements of the urban development plan. Also, experts evaluate how the design documentation complies with the cadastral scheme of the site, consider architectural and planning decisions of the future structure or reconstruction parameters.
Rules for issuing permits
Depending on how the submitted documents comply with urban planning standards, the developer receives either a permit or a refusal with written motivation. It is important to note that the rules for issuing construction permits also provide for the registration of the person submitting the application, therefore it is important to provide the appropriate certificate. If the application is submitted from a third party, then you can not do without a power of attorney from the developer, which was notarized.
In cases where permission is issued for the construction of buildings, the department can send a copy of the document to the supervision services - depending on the characteristics of the future facility, the copy is sent to the technological, environmental or nuclear authority within three days. Not later than 10 days from the date of issuing the permit, the applicant must provide the department with data on engineering surveys at the site, information on the engineering and communication and technical parameters of the facility.
Grounds for refusing permission
There are several reasons why even a developer who has a license and membership in a self-regulatory association may be denied the right to build or reconstruct. Issuance of a building permit may not be due to the following factors:
- An incomplete list of documents that are sent along with the application.
- The planned facility does not comply with urban planning standards with respect to a specific site plan.
- The implementation of the project violates the existing parameters of land surveying and land management.
- The data in the project documents do not correspond to the characteristics of the object declared for construction or reconstruction.
There are also cases when developers do not submit plans to the committee, which indicate the location of the future facility, the configuration of utility networks and other parameters, the consideration of which provides for the rules for issuing building and reconstruction permits. In addition to the direct consideration of documents, representatives of the local town-planning control may also request access to the facility - failure to do so may result in a negative decision regarding the issue of documents.
When is a building permit not required?
The need to develop rules for issuing building permits is due to the need for strict control of the urban development fund. In other words, together with organizations directly involved in the development and verification of technical documentation, the department for issuing construction permits acts as the next authority screening out unwanted participants in this sector who are unable to ensure the proper quality of the facilities. This leads to thorough checks for compliance with the technical requirements of the project and the local urban development plan.
However, there is a need for less critical facilities, which do not require rigorous technical verification and control. Such objects include garages, structures for conducting a summer house, auxiliary buildings, kiosks, hinged structures, etc. In addition, the issuance of a building and reconstruction permit is not expected if the developer plans to carry out repairs (including capital repairs) in buildings that are not related to capital construction projects.
But in capital construction it is not always necessary to obtain special permits. For example, if an organization plans to make adjustments and improvements to building elements that do not affect design parameters, then approval from the town planning department is not required.
