How to renew a building permit? No extension of a building permit means starting all over again. List of documents for extending a building permit.
The Office of the Architectural and Construction Inspection of the Novosibirsk Mayor's Office received clarifications from the Federal Agency for Construction and Housing and Communal Services - Gosstroy on 9 topical issues of urban planning legislation, which are subject to ambiguous interpretation.
Recall that the Agency is empowered to provide legal entities and individuals with clarifications on issues related to its field of activity. We suggest that you familiarize yourself with the answers that UASI plans to be guided by in its activities along with the regulatory documentation.
Question 1. If a building or structure is already partially or completely built, but not in operation.
Should the organ local government when the developer or technical customer submits an application for a building permit and documents provided for in part 7 of Art. 51 of the Urban Planning Code of the Russian Federation, issue a permit or should refuse to issue a building permit?
Answer. The issuance of building permits is regulated by Article 51 of the Town Planning Code Russian Federation(hereinafter referred to as the code).
In accordance with part 2 of the aforementioned Article of the Code, construction, reconstruction of capital construction objects shall be carried out on the basis of a building permit, with the exception of the cases provided for in this Article.
Issuance of a building permit in the presence of a partially or fully constructed building (structure) is not provided for by Article 51 of the Code.
Thus, if buildings, structures do not belong to objects for the construction of which it is not required to obtain a building permit in accordance with part 17 of Article 51 of the Code, a person who carries out construction without a specified permit shall be subject to administrative liability in accordance with Article 9.5 Of the Code of Administrative Offenses of the Russian Federation, and the constructed object is defined as an unauthorized building and is subject to demolition in accordance with Article 222 of the Civil Code of the Russian Federation.
Question 2. According to the Urban Planning Code of the Russian Federation, amendments to the building permit are carried out only in the event of a transfer of rights to land plots or in the formation of land plots by division, redistribution or allotment.
Does the local government have the right to amend the building permit if the developer or technical customer makes changes to the project documentation provided for in Art. 52 of the Urban Planning Code of the Russian Federation?
Answer. In cases where it is necessary to obtain a building permit, provided for in Article 51 of the Code, in order to obtain such a permit, it is necessary to submit, including the materials of project documentation.
In accordance with part 7 of article 52 of the code, deviation of the parameters of a capital construction object from the design documentation, the need for which was revealed in the process of construction, reconstruction, overhaul of such an object, is allowed only on the basis of the project documentation newly approved by the developer or technical customer after making appropriate changes to it.
Thus, after the amendments were made and approved by the developer (technical customer) of the adjusted design documentation, its parameters do not correspond to the parameters given in the building permit issued before the adjustment, which contradicts the provisions of Article 51 of the Code.
Taking into account the foregoing, and also taking into account that Article 51 of the Code does not contain prohibitions on making changes to a building permit (except for the cases provided for in paragraph 3 of Part 21.15 of Article 51 of the Code), the local government may amend the issued permit for construction to bring such a permit in accordance with the approved project documentation, according to which the construction is being carried out.
Part 21.16 of Article 51 of the Code provides that within five working days from the date of amendments to the building permit by the local government body, the said body shall notify the developer of such changes.
Question 3. According to Art. 55 of the Urban Planning Code of the Russian Federation, amendments to the permit for the commissioning of an object are not provided for. Does the local self-government body for capital construction projects financed from the funds of the respective budgets have the right, when the developer provides the corrected conclusion of the state examination in terms of the estimated cost, to amend the permits for commissioning the facility?
Answer. In accordance with part 1 of Article 55 of the Code, a permit to commission an object into operation is a document that certifies the completion of construction, reconstruction of a capital construction facility in full in accordance with a construction permit, compliance of the constructed, reconstructed capital construction facility with the urban planning plan of a land plot, and See also design documentation.
Thus, the permission to put the facility into operation is issued only after the completion of the facility construction. This means that any corrected conclusion of the state examination presented by the developer (technical customer) can be issued by the state examination body as part of the reconstruction of the object, during which it is necessary to obtain a building permit in accordance with Article 51 of the Code, and after its completion, a permit to enter the object into operation.
Amendments to the issued permission for the commissioning of facilities are not provided for by the code.
Question 4. If the sections of the project documentation submitted by the developer or technical customer, for issuing a permit for the construction of capital construction projects, the project documentation of which, in accordance with Art. 49 of the Urban Planning Code of the Russian Federation, is not subject to examination, in terms of its composition and content do not meet the requirements established by the Decree of the Government of the Russian Federation dated February 16, 2008 No. 87 "On the composition of sections of project documentation and requirements for their content."
Can local government refuse to issue a building permit?
Answer. In accordance with part 13 of article 48 of the code, the composition and requirements for the content of sections of project documentation in relation to different types capital construction facilities, including linear facilities, composition and requirements for the content of sections of design documentation in relation to individual stages of construction, reconstruction of capital construction facilities, composition and requirements for the content of sections of design documentation when carrying out overhaul of capital construction facilities, as well as the composition and requirements for the content of sections of design documentation submitted for examination of design documentation and in state construction supervision bodies are established by the Government of the Russian Federation.
Thus, project documentation, regardless of the need to submit it for examination, must comply with the requirements of the Regulation on the composition of sections of project documentation and requirements for their content, approved by the Government of the Russian Federation of February 16, 2008 No. 87.
At the same time, the provisions of Article 51 of the Code do not provide for verification by local authorities of the compliance of project documentation with the said Regulation.
It should be borne in mind that in accordance with part 5 of article 48 of the code, the person preparing the project documentation organizes and coordinates the work on the preparation of project documentation, is responsible for the quality of the project documentation and its compliance with the requirements of technical regulations.
Question 5. For the engineering support of a capital construction facility, the developer sometimes uses modular boiler rooms, KTPN (complete ground-based transformer substation) and other facilities that are factory readiness and a technical passport of the manufacturer, for which sanitary protection zones must often be installed.
Is it necessary for the specified objects in accordance with Art. 51 of the Urban Planning Code of the Russian Federation to obtain building permits?
Answer. In the case of using prefabricated modular installations for engineering support of an object, manufactured according to the technical documentation of the manufacturer, such installations are considered as equipment.
In this case, if their installation is envisaged as part of the general project of a capital construction object, then their parameters are included in section 5 "Information on engineering equipment, on networks of engineering and technical support, a list of engineering and technical measures, the content of technological solutions "Regulations on the composition of sections of project documentation and requirements for their content. In this case, a building permit is issued for the entire capital construction project.
If prefabricated modular installations are installed independently, outside the area allocated for the construction of a capital construction facility, then the design documentation should be developed for earthworks, foundations, engineering networks, technical conditions for connecting to the existing engineering networks are presented, justified boundaries of sanitary protection zones, etc.
In this case, the need to issue a building permit is determined by the requirements of Article 51 of the Code.
Question 6. A permit for the construction of capital construction projects is issued for the period specified in the construction organization project, which, in accordance with Part 20 of Art. 51 of the Urban Planning Code of the Russian Federation, at the request of the developer, it can be extended.
How many times, upon the application of the developer, the building permit can be renewed if the construction is started?
Answer. Article 51 of the Code ^ does not regulate the number of renewals of the building permit, provided that the construction of the facility has been started.
Question 7. According to the instructions (approved by order of the Ministry Regional Development RF dated 19.10.2006 No. 121) on the procedure for filling out the permit form for the commissioning of an object, the design characteristics of the capital construction object are indicated.
However, the bodies authorized to carry out state registration of ownership rights to real estate objects refuse to register ownership of objects, since the design characteristics of the object and the characteristics of the object, after the technical inventory carried out by the authorized bodies, in most cases do not correspond. The technical plan provided for by the RF Government Decree of 03/01/2013 No. 175 for the issuance of a permit for the commissioning of an object does not fully contain the information specified in the permit, namely, there are no:
- the number and area of built-in non-residential premises in apartment buildings,
- the number and area of apartments by type (one-room, two-room, etc.)... etc.),
- construction volume, including the overground part of the building, and so on.
Can the authority that issued the permit for the commissioning of the facility according to the design characteristics make changes to it if the characteristics of the facility specified in the technical plan prepared by the cadastral engineer do not correspond to the actual characteristics?
Answer. The position of the State Construction Committee on this issue is that the permit for the commissioning of an object indicates the parameters of the object, determined by the conclusion of the state construction supervision body on the compliance of the constructed object with the design documentation.
At the same time, it is necessary to exclude the formal approach to the issuance of conclusions on compliance by the state construction supervision authorities, as well as to establish possible errors in determining the parameters of the object, which will be taken into account by the relevant authorities during the state registration of property rights to real estate objects.
Question 8. When issuing a permit for the commissioning of capital construction projects, the design documentation of which is in accordance with Art. 49 of the Urban Planning Code of the Russian Federation is not subject to state examination, and state supervision is not carried out, the local government is authorized to inspect the object, for its compliance with the requirements established in the building permit, the urban planning plan of the land plot, as well as the requirements of the project documentation (which is confirmed by the executive documentation) ... However, the authority to check them for compliance with the requirements of technical regulations (norms and rules), including checking the availability and compliance of the executive documentation with the requirements normative documents neither at the facility during construction, nor during its commissioning, local governments are endowed.
Does the local government have the right, when inspecting a capital construction facility, to check the executive documentation confirming the compliance of the facility with the requirements of technical regulations and project documentation?
Answer. In accordance with part 3 of article 55 of the code, in order to make a decision on issuing a permit to put an object into operation, the developer (technical customer) sends a package of documents to the authorized local government body, including:
a document confirming the compliance of the constructed, reconstructed capital construction facility with the requirements of technical regulations and signed by the person carrying out the construction;
a document confirming the compliance of the parameters of the constructed, reconstructed capital construction facility with the design documentation, including the requirements for energy efficiency and the requirements for equipping the capital construction facility with metering devices for the energy resources used, and signed by the person carrying out the construction (the person carrying out the construction and the developer or technical customer in in the case of construction, reconstruction on the basis of a contract, as well as by the person exercising \ construction control, in the case of construction control on the basis of a contract), except for cases of construction, reconstruction of individual housing construction.
The provisions of Article 55 of the Code do not provide for verification by local governments of executive documentation confirming the compliance of the facility with the requirements of technical regulations and project documentation.
Question 9. According to SNiP 21-02-99 "Parking lots", underground parking is allowed to be placed on undeveloped territory (under driveways, streets, squares, squares, etc.), which is a common area.
Can a local government body refuse to issue a permit for the construction of a capital construction project if the main building is located in accordance with the requirements of the urban planning plan of the land plot, and the built-in-attached underground parking is located under the common area outside the land plot?
Answer. Article 51 of the code determines that the issuance of a building permit provides for the developer to have documents of title to the land plot.
The local government has the right to refuse to issue a permit for the construction of the Facility outside the land plot allocated for construction.
Hello friends! I apologize for not writing on the blog for a long time. But from today I promise to improve for the better and delight you with new articles more often. Honestly, I write this more for myself - so to speak, a kind of motivation. But further it will be much more interesting, because it is already autumn in the yard, which means more time at home at the computer.
And so, today we will talk about a building permit, about the procedure for extending and making changes. All this is dreary and incomprehensible to most people. To be honest, I myself almost fell asleep at first reading the town planning code. But awareness comes with time.
For convenience, I enclose at the very beginning of the article samples and application forms, a list of documents. Use it for health, but do not forget to share the article on social networks.
But many do not even know that the construction of a capital construction facility can be started only after a building permit has been issued. Even if you are building on your own land plot, even if you are building an individual residential building (IZHS). And no dacha amnesty (for individual housing construction) does not cancel the need to obtain a building permit.
The very formulation of the concept of a building permit is given in Part 1 of Art. 51 Civil Code of the Russian Federation.
And remember, friends, if you are going to build a capital construction object, then a building permit must be issued almost always. And in what cases it is not required is described in Part 17 of Art. 51 Civil Code of the Russian Federation.
I think it will not be superfluous if I give the concept of "capital construction object". And for this you need to get acquainted with Part 10 of Art. 1 Civil Code of the Russian Federation:
Well, we got a little acquainted with today's topic of the article. If you do not understand something, feel free to ask in the comments.
Registration
Friends who have come across a construction permit, reconstruction of capital construction projects are well aware that this is hellish work and not everyone can do it. But in the town planning code and in the administrative regulations of the bodies issuing this document, all the registration steps are quite simple and quick. But...
To begin with, you should carefully read the 55 article of the Urban Planning Code and also for convenience you can read the one given here. Read everything carefully, there is a lot of useful information on this topic.
- First, you must decide which authority you need to apply for a building permit. In most cases, a building permit is issued by the local government at the location of the land plot, which is indicated in Part 4 of Art. 51 Civil Code of the Russian Federation. But there are some exceptions, which are given in parts 5 and 6 of Art. 51 Civil Code of the Russian Federation. Here I will not cite excerpts from this article, you can familiarize yourself with them.
- Secondly, after you have decided who to contact you need to prepare an application for a building permit. The application form itself is usually given in the administrative regulations for the issuance of a building permit, the issuing authority. I will give you an example of a formalized application on the model of the administration of the city of Cheboksary. ... You can also. These samples are given from the site of the administration of the city of Cheboksary. You can also find similar forms you need on the websites of your municipalities.
- Thirdly, it is necessary to prepare a list of documents required for obtaining a building permit. This list is given in Part 7 of Art. 51 Civil Code of the Russian Federation. And below I will give you a list of documents taken from the website of the administration of the city of Cheboksary:
You can also download this list.
After submitting an application and all the necessary documents, within 10 calendar days, you will be issued a building permit, or a refusal to issue a building permit. You can be refused only if you have not submitted all the documents strictly according to the list, or if the submitted documents do not meet the established requirements.
And we will talk about how to prepare all the documents according to the list in the following articles.
Alteration
Very often during the construction process it is necessary to make changes to the previously issued building permit. Let's touch on this issue a little.
Usually, changes are made when the land plot changes (redistribution, consolidation, division, redistribution, etc.). Any other changes regarding errors in names, characteristics, etc. the building permit is not entered, but a new building permit with a new number is issued.
To make changes, you need to notify in writing the authority that issued you earlier the building permit. You must also attach the documents given in. But if you did not provide documents from the list, then the administration should request these documents itself.
After making changes to the building permit and approving these changes, and this takes 10 days (according to the law), you will be notified about this within 5 working days. Also, the state construction supervision and the Rossreestr will notify about this.
Renewal
According to Part 19 of Art. 51 of the Civil Code of the Russian Federation, a building permit is issued for the entire period provided for by the construction organization project. But sometimes you still have to extend the validity of the building permit, which is indicated in Part 20 of Art. 51 Civil Code of the Russian Federation:
Remember that you must apply for an extension 60 days before the end of the permit.
It should be noted that the validity period of a building permit upon transfer of the right to a land plot and a capital construction object remains, except for the following cases:
You also contact a certain authority that previously issued you permission. Attach certain documents and voila, the validity of the building permit is extended. The most difficult thing here, as well as in obtaining a permit, is to prepare all the documents. And this is not so easy. But everything is not so scary here. Also a completed application.
The validity of a building permit may be terminated in the cases provided for in Part 21.1 of Art. 51 Civil Code of the Russian Federation.
Construction permit for individual housing construction
When applying for a permit for the construction of an individual residential building, the procedure is almost the same, but there are slight differences.
- First, the permit is valid for 10 years.
- Secondly, the list of documents for registration is less.
I repeat once again that a building permit must be issued during the construction of individual housing construction too. Many are faced with the fact that someone is complaining about them, or it is just that during routine inspections it turns out that they are building individual housing construction without a building permit. And this leads to fines in accordance with Part 1 of Art. 9.5 of the Administrative Code of the Russian Federation.
At the same time, many say: "And we were told that an individual residential building can be registered in ownership without a building permit, under a dacha amnesty." That's right, you can register the ownership of an individual residential building according to a simplified scheme (dacha amnesty) without issuing an entry permit and a building permit.
But this whole simplified scheme was invented at one time to legitimize and design houses built long ago. True, many use this in the construction of new houses too. But all this does not negate the need to obtain a building permit for individual residential buildings as well.
In addition, this wonderful "dacha amnesty" is constantly threatened to end, but it is being extended all the time.
Well that's all, friends. We briefly reviewed the issue of registration, renewal and amendments to the building permit. And whoever faced this difficult procedure, please share your impressions in the comments.
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The notice includes the main characteristics of the property, so this document allows the local authorities to decide whether it can be built on the site.
Confirming that it is possible to build on the site is far from the only purpose of the document. In addition to the fact that it gives the right to build, it also determines the timing of when the object should be put into operation. Legislative norms regarding obtaining a building permit are regulated by Art. 51 of the Town Planning Code. But here it must be remembered that the law gives local authorities the right to adopt their own legal acts. These acts can supplement and expand the regulations.
Is the construction not finished on time?
This problem is familiar to many developers. And the closer the term for the termination of the permit comes, the more the question arises - what to do when the document becomes invalid. Many developers mistakenly believe that in this case the only way out is to obtain new documents. In fact, the law gives developers more rights.
The document is valid for 10 years, but this does not apply to all objects. Some may have their own time frames. In this case, the architecture department during the project examination will take into account the architectural features, materials, technologies, building codes, site features and other parameters.
Schedule changes during construction are not uncommon. Dates can be rescheduled multiple times. As a result, at a certain moment it becomes clear that it is impossible to completely build the object until the moment the permit expires. It is possible to prolong the validity period, but there are nuances in the law, ignorance of which can easily lead to the fact that instead of completing the work, you will have to re-collect all permits.
The main legal document that guides local authorities is the Town Planning Code (Article 51). But on the ground, their own local regulations can be adopted, which also regulate the work of the department of architecture and urban planning. Local regulations usually set requirements:
- To the application, its form and content.
- Additional documents to be submitted along with the application.
When the requirements of the law and regulations are respected, it is quick and easy to renew a building permit. But before making an application, we recommend that you either study local regulations or immediately seek help from specialists. For example, the composition of the package of documents may differ. As a result, you provide incomplete documentation and receive a reasonable refusal to renew.
Prerequisites for renewing a permit
The conditions necessary to easily renew a building permit are specified in the Town Planning Code:
- 10 days before the permit expires, you need to apply to the architecture department to renew the document. The 10-day deadline is set only in 2018. Previously, this period was 60 days.
- Collect additional documents according to the list established by local regulations.
- Construction must be carried out and this fact must be confirmed by documents. This can be an act on the start of construction, forms KS-2 and KS-3, work contracts, notification of the start of construction work, etc. If by law you must notify the local authorities about the start of construction, then the absence of such notification will be assessed as the fact that construction is not in progress. And this is the basis for refusing to renew the permit.
Renewal application
The form and content of the application are established by local regulations. There is no single form. However, there are requirements for its content. Incomplete data in the application entails a refusal to accept and register it. And since, as a rule, there is not much time left until the end of the validity period of documents, such a delay may lead to the fact that instead of prolongation, you will receive a refusal due to missed deadlines. Therefore, it is best to use the model form or ask for help.
A mandatory item in the application will be the reasons for the delay in construction. Important!! When giving reasons, don't refer to financial difficulties. This is not considered a valid reason.
Sample applications for downloading from the website of the State Service
Download the approved sample Application for the extension of the validity period of a building permit, reconstruction (for legal entities).
Download the approved sample Application for the extension of the validity period of a building permit, reconstruction (for individuals, individual entrepreneurs).
Additional documents
The list of documents may differ from region to region. It is necessary to clarify it in local regulations or with specialists. In any case, when preparing a package of documents, you need to be guided by local regulations. The standard package includes:
- Documents of title to the building site.
- Still a valid permit.
- Project with adjusted construction completion dates.
- Operating schedule.
Renewal terms
The innovations of 2018 have changed the terms of the renewal. Previously, it was necessary to submit an application 2 months before the expiration of the document, then the local authorities within 30 days considered it and made a decision.
Everything is much faster now. The decision to renew or refuse is made within 7 days from the date of registration of your application.
Grounds for refusal to renew
The reasons for refusing to renew are determined by the regulations:
- There are not enough documents, there are inaccuracies in them, there is no necessary information.
- No construction was in progress, and by the time the permit expires, there are no signs of work on the site.
- The deadline for submission of the application is missed or it was submitted after the permit has expired.
Received a refusal: what to do?
When local authorities refuse to renew the document, you get a reasoned decision. The document contains the reasons why you were refused. Unfortunately, there are situations when the refusal is not justified from the point of view of the law. In this case, you can try to appeal the refusal. Grounds for appeal:
- Violation of deadlines by local authorities, delay in the procedure.
- Refusal based on the fact that not all documents were submitted, but the missing documentation is indicated, which is not in the regulations.
- The authorities denied you a service.
What to do if refused?
You can file a complaint immediately after receiving a refusal. It is drawn up on paper or electronic media. If you send an electronic complaint, it must be certified by an EDS. The complaint explains why you disagree with the local authority's decision.
If the complaint does not help, you can go to court. Before filing a statement of claim and starting a litigation, it must be borne in mind that the court does not always side with the plaintiff. The court will decide in your favor if:
- Violations on the part of officials were revealed.
- You missed the deadline for submitting your application, but submitted it before the permit became invalid.
It will not be possible to appeal the refusal even in court in the following cases:
- You applied after the expiration date.
- The construction has not started.
- During the construction process, the characteristics of the object have changed greatly (changes have been made to the project).
These are absolute grounds for refusal. If you find yourself in one of these situations, it is easier and faster to get new documents.
If the construction has not started, it is impossible to hide this fact. You will have to go through all the stages again, including the preparation of documents, a project or sketches, communication plans, etc. There is one nuance that you still need to know.
The law unambiguously says that it is impossible to extend the permit if the construction has not started, and the only way out is to obtain new documents. But the law does not indicate at what stage the construction should be. That is, if you started work just before submitting your application, the authorities have no legal reason to refuse you. But before using this method, assess the risks. The permit cannot be renewed indefinitely. From the moment of its renewal, you will have 3 years to fully complete the work. Sometimes it is easier to get a new permit.
Building permit renewal price
The service is free of charge. In order to extend the validity of the permit, you only need to submit an application and documents, state duties or other payments do not need to be made. There may be a fee, only the services are provided by cadastral engineers in the preparation of the necessary documents.
Validity
After renewal, the permit is valid for another three years. This period is not affected by any external factors, which means that the construction should be completed in 3 years. If this additional period is not enough for you, you will have to receive new documents.
How to avoid problems with prolongation
The conditions for renewal are specified in the Town Planning Code. If all the conditions are met, in a week you will receive a permit and you can safely continue to work. The procedure is generally straightforward, so you can do everything yourself.
The law gives the owner the right to act through a representative by issuing a notarized power of attorney. When your interests are represented by specialists of our company, the risk of refusal is minimized. We will collect everything required documents, we will submit an application, we will communicate with the local authorities. Thanks to the help of our specialists, you will be able to extend the resolution period without any problems.
Electronic services
Full name of the service
Issuance of a building permit (except for protected areas and OKN)
Conditions for obtaining services on the site
Who can apply for the service:
Legal entities
Service cost and payment procedure:
Is free
List of required information:
The decision of the general meeting of owners of premises and parking spaces in an apartment building, adopted in accordance with housing legislation in the event of reconstruction of an apartment building, or if as a result of such reconstruction a decrease in the size of common property in an apartment building occurs, the consent of all owners of premises and parking spaces in apartment building (original, 1 pc.)
- Mandatory
- Provided with no return
An agreement on transfer in cases established by the budgetary legislation of the Russian Federation, by a public authority ( government agency), The State Atomic Energy Corporation "Rosatom", the State Corporation for Space Activities "Roskosmos", the governing body of the state extra-budgetary fund or local government body, the powers of the state (municipal) customer, concluded when making budget investments, and documents of title to the land plot of the rightholder with whom an agreement was concluded (if there is an agreement) (original, 1 pc.)
- Provided with no return
The consent of all rightholders of a capital construction object in the event of the reconstruction of such an object, with the exception of cases of reconstruction of an apartment building provided for in clause 6.2 of part 7 of Article 51 of the Town Planning Code of the Russian Federation. (original, 1 pc.)
- Can be obtained during the provision of the service
- Provided with no return
Adjusted in terms of justification of the accepted duration of construction and calendar plan construction project for organizing the construction of a capital construction object (in the absence of it in the USRZ or in the IAIS OGD) (original, 1 pc.)
- Can be obtained during the provision of the service
- Provided with no return
Written decision on refusal to accept documents (original, 1 pc.)
- Optional
- Provided only for viewing (making a copy) at the beginning of the service
Confirmation of the compliance of the changes made to the design documentation with the requirements specified in part 3.8 of Article 49 of the Code, provided by a person who is a member of a self-regulatory organization based on the membership of persons preparing design documentation, and approved by the person involved in the preparation of design documentation in accordance with the Code by a specialist in the organization of architectural and construction design in the position of the chief engineer of the project, in case of changes in the design documentation in accordance with part 3.8 of article 49 of the Code. (original, 1 pc.)
- Can be obtained during the provision of the service
- Provided with no return
Confirmation of the compliance of the amendments made to the design documentation with the requirements specified in part 3.9 of Article 49 of the Code, provided by the executive authority or the organization that carried out the examination of the design documentation, in the event of changes in the design documentation in the course of expert support in accordance with part 3.9 of Article 49 of the Code (in in the absence of information in the information systems and resources of the city of Moscow or in the USRZ). (original, 1 pc.)
- Can be obtained during the provision of the service
- Provided with no return
The materials provided for in paragraph 3 of part 7 of Article 51 of the Code and contained in the project documentation approved in accordance with part 15 of Article 48 of the Code (if such project documentation is not subject to examination and is not available in the information systems and resources of the city of Moscow or in the case of an examination of project documentation and the lack of materials in information systems and resources of the city of Moscow or in the USRZ). (original, 1 pc.)
- Can be obtained during the provision of the service
- Provided with no return
Engineering survey results (in the absence of information about them in the information systems and resources of the city of Moscow or in the USRZ) (original, 1 pc.)
- Mandatory
- Provided with no return
A positive conclusion of the examination of design documentation, in accordance with which construction, reconstruction of a capital construction facility is carried out, including if this design documentation provides for the construction or reconstruction of other capital construction facilities, including linear facilities (in relation to individual stages of construction in the case provided for 12.1 of Article 48 of the Code), if such project documentation is subject to examination in accordance with Article 49 of the Code, a positive conclusion of the state examination of project documentation in the cases provided for in part 3.4 of Article 49 of the Code (certified copy, 1 pc.)
- Can be obtained during the provision of the service
- Provided with no return
Documents of title to a land plot, including an agreement on the establishment of an easement, a decision on the establishment of a public easement, as well as an approved layout of the land plot or land plots on the cadastral plan of the territory, on the basis of which the specified land plot was formed and the town-planning plan of the land plot was issued in in the case provided for in part 1.1 of Article 57.3 of the Code (if Required documents and information on the rights to the land plot is absent in the Unified State Register of Real Estate, as well as in the absence of these documents and information in the executive authority of the city of Moscow, authorized to manage and dispose of land plots that are state-owned by the city of Moscow, and land plots that are on the territory of the city of Moscow, state ownership of which is not delimited). (original, 1 pc.)
- Can be obtained during the provision of the service
- Provided with no return
Construction permit in hard copy (submitted at the discretion of the applicant). (original, 1 pc.)
- Can be obtained during the provision of the service
- Provided for the entire duration of the service with a mandatory return to the Applicant
Agreement on the reconstruction, which defines, among other things, the conditions and procedure for compensation for damage caused to the object during the reconstruction (original, 1 pc.)
- Mandatory
- Provided with no return
Terms of service
7 working days
The result of the service
Issued by:
- Changes to the building permit (original, 1 pc.)
The application is filled in exclusively electronically by entering the relevant information into an interactive form when contacting the official portal of the Mayor and the Government of Moscow (www.site).
- Changes to the building permit (original, 1 pc.)
Forms of receipt
On the WEB site
2.25.2.6. Submission of an application for amending a building permit, except for changes solely due to a change in the owner of a land plot or the formation of a land plot, less than 10 working days before the expiration of a building permit, except for the following cases: a building permit before January 1, 2020, provided that no more than three years have elapsed from the expiration date of the building permit until the day the developer's application for amending the building permit is received; - filing an application for amending a building permit within one year from the date the developer acquired the rights to a land plot on the basis of an agreement on the completion of the construction of an unfinished construction object and on the fulfillment by the developer of obligations to citizens, cash which are involved in the construction of apartment buildings and whose rights have been violated, included in the register of affected citizens in accordance with the Federal Law of December 30, 2004 N 214-FZ "On participation in the shared construction of apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation "or the acquisition by the developer of rights to a land plot in the manner prescribed by Articles 201_15-1 and 201_15-2 of Federal Law No. 127-FZ of October 26, 2002" On Insolvency (Bankruptcy) ".
Grounds for refusal to provide services
1. When issuing a building permit:
1.1. Inconsistency of the submitted documents with the requirements established by the town planning regulations (except for the case provided for in part 1.1 of Article 51 of the Code), the land planning project and the land surveying project (unless, in accordance with the Code, the preparation of the land planning project and the land surveying project is not required), for the construction, reconstruction of a capital construction facility that is not a linear facility (hereinafter referred to as the requirements for construction, reconstruction of a capital construction facility), established on the date of issue of a land plot submitted for obtaining a construction permit for a town planning plan.
1.2. Inconsistency of the submitted documents with the requirements of the territory planning project and the territory survey project, except for cases in which the preparation of documentation for the territory planning is not required for the construction, reconstruction of a linear facility (if the applicant applies for a permit for the construction of a linear facility).
1.3. Lack of documents provided clauses 2.8, 2.9, 2.11, 2.12 regulations for the provision of public services "Issuance of a building permit".
1.4. Inconsistency of the submitted documents with the requirements established in the permit for deviation from the limiting parameters of the permitted construction, reconstruction.
1.5. The applicant's application for the provision of public services in relation to capital construction objects - apartment buildings within the boundaries of a land plot that is in state or municipal ownership, leased for integrated development of the territory, before the formation of land plots from such a land plot in accordance with the approved project for the planning of the territory and project of land surveying;
1.6. Inconsistency of the submitted documents with the permitted use of the land plot and (or) the restrictions established in accordance with the land and other legislation of the Russian Federation.
1.7. Inconsistency of the design documentation of capital construction objects with the restrictions on the use of real estate objects established on the aerodrome territory.
2. When amending a building permit:
2.1. In the event of a change in the owner of the land plot on the grounds provided for in Article 51 of the Code;
- the absence in the application of the details of the documents provided for in clauses 2.9.1.1 and 2.11.1 of the regulations for the provision of the public service "Issuance of a construction permit", or copies of documents of title to the land plot in the case provided for by paragraph one of clause 2.9.1.1 of the regulations for the provision of the public service "Issue building permits ".
2.2. In the case of the formation of a land plot by combining land plots in respect of which or one of which, in accordance with the Code, a building permit was issued:
- the absence in the application of the details of the documents provided for in clause 2.12.2 of the regulations for the provision of the public service "Issuance of a construction permit";
- inaccuracy of the information specified in the application.
2.3. In the case of the formation of land plots by division, redistribution of land plots or allotment from land plots, in respect of which, in accordance with the Code, a building permit was issued:
- the absence in the application of the details of the documents provided for in clause 2.12.3 of the regulations for the provision of the public service "Issuance of a building permit";
- unreliability of the information specified in the application;
- inconsistency of the planned location of the capital construction facility with the requirements for construction, reconstruction of the capital construction facility established on the date of issue of the urban planning plan of the formed land plot;
- inconsistency of the planned capital construction facility with the permitted use of the land plot and (or) the restrictions established in accordance with the land and other legislation of the Russian Federation and effective as of the date of the decision to amend the construction permit.
2.4. In the event that changes are made to a building permit, except for changes solely in connection with the extension of its validity period or in connection with a change in the owner of the land plot or the formation of a land plot:
- lack of documents provided for in clauses 2.9.1 and 2.11 of the regulations for the provision of the public service "Issuance of a construction permit";
- inconsistency of the planned location of a capital construction facility with the requirements for construction, reconstruction of a capital construction facility established on the date of issue of a land plot submitted for obtaining a construction permit or for amending a construction permit for an urban planning plan of a land plot;
- inconsistency of the planned capital construction object with the permitted use of the land plot and (or) the restrictions established in accordance with the land and other legislation of the Russian Federation and effective as of the date of the decision to amend the construction permit;
Inconsistency of the planned location of the capital construction object with the requirements established in the permit for deviation from the limiting parameters of the permitted construction, reconstruction.
2.5. In the event of amending a building permit due to the need to extend its validity period - the availability of information on the fact of the absence of construction, reconstruction work begun on the day of submission of the application or information from the state construction supervision about the absence of a notice of the beginning of these works, if the direction of such a notice is mandatory in accordance with the requirements of part 5 of Article 52 of the Code.
2.6. Submission of the application less than 10 working days before the expiration of the building permit.
Grounds for refusal to accept documents
1. Application of the applicant for receiving a public service, the provision of which is not carried out by the executive authority providing the public service.
2. Submission by the applicant of documents that do not meet the established requirements.
3. Submission by the applicant of an incomplete set of documents provided for in clauses 2.8 and 2.9 of the Regulations for the provision of the state service "Issuance of a construction permit".
4. Submission by the applicant of documents containing inaccurate and contradictory information.
5.Getting in charge official an executive body providing a public service, documents (information) necessary for the provision of a public service, using interdepartmental information interaction, including in information systems and resources of the city of Moscow, including access to the Basic Register, containing conflicting information.
6. Submission of invalid documents.
7. Submission of an application on behalf of the applicant by an unauthorized person.
8. The application and (or) other documents necessary for the provision of public services, submitted in electronic form, are signed using an electronic signature that does not belong to the applicant, the representative of the applicant or another person authorized in the manner prescribed by the legal acts of the Russian Federation and the city of Moscow.
9. Incorrect filling of required fields in the online application form.
10. The presence of conflicting information in the online application form and attached copies (electronic images) of documents.
Office:
(Mosgosstroynadzor)
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