This issue is regulated, firstly, Civil Code RF, Article 260 of which talks about the rights of the landowner.

Secondly, this is the Land Code. In particular, Article 40 of Part Two gives every legal owner of land the right to build on it, according to intended purpose site and permitted use.

The third regulatory legal act is the Town Planning Code of the Russian Federation, which contains the procedure for obtaining permission, norms and rules for construction and demolition.

Why do you need permission to demolish an old house?

Do I need permission to demolish a private house?

Despite the freedom of private property, the legal specifics of the state provide for the protection of the rights not only of property owners, but also public good and the interests of persons for whom the demolition of a building may result in a number of inconveniences and constraints. In any case, the legislator will not allow self-will and anarchy.

Thus, the law takes care of the safety of historical buildings, architectural monuments and structures in protected areas. If the house falls into one of these categories, obtaining permission to demolish it will not be easy.

Permission is also required to take into account the property interests of persons who do not agree with the destruction of the building, since this will infringe on their rights. For example, co-owners of a home. A neighbor whose house or barn adjoins the demolition site as a support will clearly not approve of such a decision.

During the event, it is possible that surrounding neighbors will be deprived of communications or damage to their plots, which will also become a reason for them not to negotiate on this matter.

As you can see, obtaining permission is due to the completely natural concern of the state about the situation of people who will be negatively affected by the demolition, as well as the cultural and physical protection of society.

In addition, the justification for such a requirement is the control and accounting functions of the event.

Permission to demolish a private house - where to apply

Where to apply for permission to demolish a private house?

It is possible to obtain permission to demolish a house if there is ownership rights.

It is necessary to contact the administrative body of the municipality at the location of the object - city, town, village, and architectural bureau. There is no concept of “demolition” in the legislation.

Instead, the terms “dismantling” or “reconstruction” are used, the latter is applicable in the case when a new one of the same size and area is built on the site of a demolished building. By the way, in this situation permission is not needed.

According to the Town Planning Code, during the construction, reconstruction, dismantling, and repair of individual housing construction projects, which include houses that stand alone and have no more than 3 floors with accommodation of no more than one family, it is not necessary to form project documentation, as well as state examination is not carried out for such structures.

Documents required to obtain permission

An application for permission is submitted to the local government body, to which the following is attached:

• identification documents;
• documents on ownership of real estate;
• documents on ownership of the land plot;
• land plan.

If the house is intended for several families or has more than 3 floors, then the following are also served:

• project documentation with a set of technical papers;
• coordination with other residents and the procedure for their resettlement.

1. Preparing the area - installing fences to ensure the safety of neighboring areas.
2. Disabling communications.
3. Cleaning up the site after demolition.
4. Removal of construction waste and its full disposal.

Thus, the package is based on a certificate of registration of ownership, without which, no matter how enterprising a person is, it will not be possible to legally demolish the house.

Nuances

What should you pay attention to?

The demolition procedure, as mentioned above, largely depends on the nature of the work.

For example, when demolishing while leaving the foundation on which a new one will be built, a permit is not needed, since the process can be formalized as “reconstruction of a house” or “ major renovation» - if the area of ​​the property remains unchanged. But even if the area is increased or decreased, the BTI and state register authorities will take into account the changes that have occurred in a notification procedure.

If demolition is planned with the cancellation of the entry about it in the register, then it is also necessary to dismantle the basement part of the building, the foundation to ground level. Disconnection of communications is coordinated with the relevant utility services.

After demolition you should contact the authorities technical inventory, whose specialists will draw up an inspection report for the structure. Based on this act, bureau employees cancel the entry about the house. Then you need to submit an application to Rosreestr to make a new entry about the termination of the existence of the house. Attached to it:

• technical passport (with a canceled entry about the house);
• a document confirming the actual existence of the house (commissioning act, which is stored in the architectural bureau, i.e., the department of architecture and urban planning).

If the house is not registered in the BTI and the title to it is not registered, the demolition is carried out without any legal registration.

Thus, the nature of the demolition of a private house depends on the presence or absence of a record about it in the inventory authority and the state register.

Expenses

Demolition requires significant costs.

Firstly, if it is difficult to dismantle the house yourself, like wooden or similar houses, then you will have to turn to the services of architectural firms specializing in such matters.

Even if the upper part of the house can be disassembled with your own hands, the foundation often has to be demolished with special equipment.

The company's engineers will prepare a demolition project, taking into account protective fences, disconnection of communications, timing and order of work, and will draw up estimates, which are recommended to be carefully studied in order to avoid excess costs.

The second cost column is garbage removal and waste disposal. If it is impossible to do this yourself, then you will have to hire specialists again, whose prices, as a rule, depend on the number of machines used to load waste.

conclusions

Demolition of a house is a labor-intensive and responsible process that should be approached consistently and competently. It is necessary to comply with legal rules and safety measures, coordinate work with neighbors and city services, and be sure to notify accounting authorities.

If you carry out the procedure correctly, point by point following the prescribed instructions, then all stages will be completed easily and calmly.

You can learn about the nuances of demolishing private houses from the video:

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11 Jan 2017 495

Discussion: 7 comments

Often home renovations cost a tidy sum; we have also thought about building a new home more than once. I didn’t even know that you need a permit to demolish your house. The essence of the law as a whole is clear and indeed everything must be fulfilled.

Answer

Anna, then don’t put it off. Now, while it’s winter and off-season, almost all companies have good discounts on house demolition. If from St. Petersburg, then contact dom-snos.ru

Answer

Hello, tell me how to get out of this situation. I demolished the old house, built a new one on this site, the cadastral engineer did the documentation, assigned a new cadastral number, the house number was not indicated, submitted an application to the MFC, they refused the house number, because... there is a registered previous home on it. Where to submit an application that the old house has been demolished and what to do in this case??

Hello. In our village there was a house with a plot of land, we didn’t go there for about 15 years, but recently we went and it turned out that our house was demolished and a store was installed. We have all the documents in hand for the land and the house, Rosreestr went in, the house is still listed .what should we do and where should we go, since the house was illegally demolished and the site is being used?

Answer

Hello. My neighbor and I bought a house with a plot of 20 acres. The plot was officially divided in half, but the house was not built. The house is in the middle, already old. So they decided to demolish it. In the future we want to build a duplex on this site. Maybe someone can tell me what is the best thing to do so that there are fewer problems and the money is cheaper. Do I need to obtain permission for dismantling, then connect gas and electricity, and get an address? Maybe better house document division prior to demolition and registration of reconstruction? What if we go beyond the limits? Is there a fine for demolition without permission?

Answer

Building your own home requires obtaining various permits. Such permits are issued only by specially authorized government agencies. In the absence of a building permit, the owner may face certain problems. Thus, a house may be recognized as an unauthorized building, which may result in legal consequences for its owner, including the demolition of the house.

In addition to obtaining a permit, the consent of neighbors may be required to build a house. The need for such approval is caused by the impossibility of fully complying with fire safety requirements, construction and sanitary standards. To draw up this document, it is recommended to use a sample permission from neighbors for.

In what cases is the consent of neighbors required?

When deciding to build a house, it is important to find out whether neighbors' consent is required for construction? If this is not done, then situations are possible when the neighbors do not agree with this building. They may well require the building to be moved or demolished.

The consent of neighbors for the construction of a house is especially required if the distance to the neighboring plot during the construction of the house is less than that required by building codes. Otherwise, such a house will be an unauthorized construction. As a result, very sad consequences can occur for its owner.

1. In accordance with Article 222 of the Civil Code of the Russian Federation unauthorized construction cannot be the property of the person who carried it out. Therefore, the house cannot be exchanged, sold or transferred to third parties.

2. The owner will also have to demolish such a building, including all costs associated with dismantling work.

You should also be concerned when constructing a building with more than two floors. The fact is that from the windows of such a house the adjacent area can be seen at a glance. The neighbors may not like this state of affairs.

How does the approval procedure work?

If it is necessary to obtain consent, you should study the construction standards for the site in advance. summer cottage between neighbors. After this, you can directly go to the owners of the site or the persons to whom it belongs by the right of lifelong inheritable ownership or perpetual use.

Such permission cannot be obtained from a person who lives on the neighboring property as a tenant on the basis of a lease agreement. If the owner does not live in to this address, then you can look for it yourself. This task can easily be delegated to representatives of the land management organization. They will quickly find the owner of the neighboring plot through the Rosnedvizhimost database.

If the database does not contain information about, then you can legally publish an announcement in a local print media about the approval of construction, as well as the necessary boundary work. Be sure to indicate the time and place of the approval. If the owner of a neighboring plot does not appear at this event, this is equivalent to giving consent to carry out construction work.

Registration of consent

The neighbors' consent to the construction of the house must be formalized in writing. Here the question immediately arises: how to write a building permit from neighbors? This could be a receipt from neighbors for construction permission, written in any form. At the current time, the legislation does not provide for any requirements for its content. However, in mandatory it should specify the following requirements:

1. full name of the owners of the parties, including their passport details;

2. documents of ownership of their real estate;

3. addresses of the parties;

4. dimensions of the construction project, including number of storeys and distances from buildings and boundaries of the neighboring site;

5. schematic location of sites and buildings;

6. signatures of the parties with transcript and date of signing.

Requirements for distance to neighboring property

1. Low-rise residential buildings, including garden houses, must be three or more meters away from the border of the neighbor’s property.

2. Outbuildings intended for raising livestock and poultry should be located at a distance of at least four meters from the neighboring property.

3. Bathhouses, garages and other buildings that are not intended for raising livestock or living in can be built at a distance of at least one meter from the neighboring plot.

4. It should also be taken into account that the distance from the windows of a residential building of a low-rise residential building to auxiliary buildings or the wall of a residential building on an adjacent site must be more than 6 meters.

Apartment owners often make a number of mistakes during renovations, which can cause what they consider to be an insignificant redevelopment to be declared illegal. The consent of neighbors for redevelopment is often required, however, today there is no universally applicable specific list of works requiring consent.

For example, if the redevelopment does not affect common property, then the consent of neighbors is not required, but in some cities of the country, in order to legitimize certain types of work, confirmation of neighbors is required (moving the kitchen to another part of the apartment, installing a sewer pump, etc.).

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It should also be remembered that if a communal apartment is subject to redevelopment, then the consent of all its owners or persons living under the terms of the agreement is required social hiring. It does not matter whether common house systems will be affected or not.

Why do you need approval?

When planning the renovation of an apartment, it is necessary to take into account the interests of neighbors - they should not be infringed. This rule applies equally to both the owners of residential premises and those living in communal apartment citizens. Any redevelopment carried out without permission requires mandatory legalization if the interests of other residents are affected.

If the owner of the apartment performs work that affects areas common use and general building structures (foyers, staircases, facades, balconies of the first floors, etc.), then he needs a notarized decision of the residents’ meeting authorizing the implementation of repair work, or a written statement from each resident. Article 26 Housing Code The Russian Federation regulates the performance of work on redevelopment of apartments.

Reconstruction of a communal apartment requires written permission from all tenants or owners of the living space. This does not even take into account the fact that part of the apartment is allocated to separate share- consent is required in any case.

When reconstructing a house that affects common property, the written consent of all residents, both permanently residing in the house and those temporarily absent, is also required

How to get neighbors' consent for redevelopment

There are two ways to obtain neighbors' consent for redevelopment:

You should know that to make a decision, at least two thirds of the total number of residents of the house are required, and at least 50% votes cast “for” the redevelopment, plus one vote.

After drawing up the minutes of the meeting and making a decision, the head of the house, together with the applicant (initiator of the redevelopment), are sent to the notary authority to certify the document drawn up. The notary signs 2 copies of the decision: one remains with the applicant, and the second is sent to the management company.

Sample filling

For convenience and to speed up the paperwork process, you can print out the text of the application in advance in the required quantity. Both personally written and printed statements are considered legal - the main thing is that the signature of the residents is affixed in their own hand.

The application must include the following information:

• passport details and full name of the applicant (full name is indicated to the right in the genitive case, starting with the word “from”);
• place of registration of the redevelopment initiator;
• name of the document (Consent for redevelopment);
• address of the apartment where repair work will be carried out;
• date and place of document preparation;
• tenant's signature.

A sample of the application text itself is as follows:

“I, (full name of the neighbor), give my consent (I don’t mind, I allow) to redevelop the apartment at the address: (address of the apartment), according to the project provided by the owner of the premises.”

Obtaining consent for redevelopment in a communal apartment is required from all persons living in it, even if the repair work does not affect their interests. This is due to the fact that in communal apartments all neighbors are home owners, even if the shares have been demarcated.

The application can be completed in the same way as above; notary confirmation is not required.

If the apartment is not owned, but belongs on the basis of a social tenancy agreement, then in order to carry out redevelopment it is necessary to first notify the architectural department of the city administration, which is the owner of the living space. Further coordination of work with neighbors falls on the shoulders of the municipality.

Example for the court

If repair work in the apartment has already been completed, then further...

To do this, it is necessary to prepare a package of documents confirming the possibility of saving the redevelopment. One of government organizations, which are allowed to issue expert opinions are Rospotrebnadzor and Gospozhnadzor.

The plaintiff is the initiator of the redevelopment, the defendant is the local government body involved in housing issues. They will help you choose the right form when drawing up a statement of claim in court.

Nuances of receiving

It should be remembered that, based on Articles 25–26 of the Housing Code, a number of redevelopment works are prohibited:

• glazing of balconies through which fire escapes pass;
• dismantling the fire escape from the balcony;
• installation of a heating radiator on the balcony;
• installation of heated floors with connection to common house communications;
• installation of a fireplace in panel houses;
• dismantling load-bearing walls or installing openings in them.

A complete list of prohibited works can be obtained from Government Decree No. 883-PP of November 15, 2005.

If the planned work does not fall under the list of prohibited works, then their further approval is possible according to two types:

Before completing the redevelopment, you should ask whether the previous owners unauthorized redevelopments: if there were, then you must first complete the procedure for their legalization.

Details, depending on scale

Redevelopment that does not affect the interests of residents of other apartments in the house usually does not cause conflicts or controversial situations, which may require litigation to resolve.

But if general house systems are affected during renovation work, there are usually always a couple of dissatisfied people, and you can protect yourself from them only by having documented consent in hand.

Apartment

Consent for redevelopment is issued by the housing inspection, and the time frame for obtaining documents varies within 25–30 days.

But to collect all the documentation necessary to make a decision, the homeowner will need to visit the following organizations:

You should know that construction company, which will subsequently carry out work according to the project, must also have the appropriate approvals and permits

House

In order to avoid conflicts between neighbors, their right to rest should be respected - according to the law, all repair work must be carried out only on weekdays from 9 a.m. to 7 p.m. Otherwise, their claims may be well founded. Particularly zealous lovers of silence often do not hesitate to go to court, and it is their claim that is guaranteed to be satisfied.

Also, when performing repair work, you should not go beyond the scope of the project. A striking example: the external unit of an air conditioner, installed without approval, annoyed a neighbor with its noise.

Having contacted the relevant authorities, the neighbor got the owner of the air conditioner to install a double-glazed window that would protect him from unnecessary noise. However, if the owner had received his permission in advance to install an external unit, then the neighbor's claims would be unfounded.

Non-residential premises

Each person who is the owner of a certain property can independently engage in various reconstruction work or the construction of residential buildings, as well as the construction outbuildings.

But any actions, even on your own site, must be carried out taking into account the laws. Additionally taken into account technical requirements, otherwise you may encounter different problems with neighbors. If a violation is detected at all by different supervisory authorities, then they can issue a fine to violators.

In addition to a fine, demolition of the object may be required, so every person who wants to build a house on their territory must decide in advance on the optimal location for it. If it is located closer than three meters from the neighboring territory, then the consent of the owner of this land will be required for construction.

Legislative regulation

In Art. 222 of the Civil Code prescribes the basic norms for urban planning and the construction of residential buildings, on the basis of which it is allowed to build various structures.

There is also information about various environmental, fire and other regulations that must be observed. If there are violations, the constructed object will be considered an unauthorized construction.

IN Art. 260 GK contains information that every person who is the owner of a site has the opportunity to build various objects and structures on it, can move them or completely demolish them, and also allow other persons to carry out construction works in this territory. But even these rights can only be exercised if, during the process, the basic requirements and rules of law are observed.

Basic building codes

Before starting the construction of any object on earth, it is necessary to study all the rules and requirements relating to this issue.

It is additionally important to determine its location, since It is not allowed for various buildings to be located too close to the neighboring territory.

To such standards applies:

• if a private residential building is being built, it must be located next to the border with the neighboring plot at a distance of more than three meters;
• when constructing any outbuilding, the distance between it and the neighboring site must be more than one meter;
• if a toilet or sauna, bathhouse or compost pit is being built, then they must be located at a distance of more than 8 meters from the neighboring territory.

To determine the distance measurements are required, for which the starting point is taken from the base of the building, and only in its absence can the distance from the wall of the building be measured.

Often structures have different projections, which include various canopies or protruding upper floors, loggias or other similar structures. They can stick out even more than 0.5 meters, and in such a situation, measurements must be taken from these elements.

Is permission required from neighbors?

If there is a need for the owner of the territory to build any structure nearby with a border with a neighbor's property, then implement it in a legal way is possible only if the owner of this land issues the appropriate written consent.

If this document is missing, the neighbors may demand through the court that the new facility be demolished.

Consent required in different cases:

• the construction of a residential building takes place directly next to the neighbor’s fence, so there is a distance between these elements that is less than three meters;
• redevelopment in an existing residential building, if it affects any elements of communications common with neighbors, so if as a result of this work it is necessary to turn off the water for a while, then the neighbors must agree with this;
• reconstruction of the building, which involves performing any noisy work, is also carried out with permission, since the optimal living conditions of the neighbors are violated.

To obtain a building permit, consent from neighbors is certainly required, otherwise difficulties may arise with the completion of the construction of the facility, and often you will have to pay fines or completely demolish new structures.

Design rules

Before drawing up a project on the basis of which it is planned to build a house directly next to a neighbor’s territory, you must contact the owner of this land.

The possibility of locating the building near the fence is being discussed, and the distance between these objects will be less than three meters. If the neighbor agrees to such construction, then he draws up a corresponding consent.

For his correct formation Some rules are taken into account:

• it is allowed to use any form to compile it, but it is still recommended to view the sample indicated above;
• experts advise additionally contacting a notary to certify it, and this is considered especially important if a neighbor sells his property to another person in the future, and new owner will not agree with the construction of an object next to his property;
• The consent must contain accurate and reliable information about the sites and the parties themselves so that they can be easily identified.

If this document is not received before the actual start of construction, this will lead to neighbors being able to file statement of claim to court, so you will have to pay a fine or demolish the unfinished facility.

What information must be provided?

Consent can be drawn up by different samples, but into it Data must be entered:

It is advisable to construct various objects on the territory in a compact manner, even temporary structures. Utility buildings or sanitary buildings are being erected near the house.

Construction of a bathhouse or outbuildings

As mentioned above, outbuildings should be located at a distance 1 m from the border, but the bathhouse should be located at a distance of 8 meters from the fence. If you plan to build any of these objects in violation of building codes, you will have to enlist the support of your neighbors, who will formulate an agreement.

Before directly compiling this document, it is important accurately determine the construction site, and it is also advisable to make a project. If new communications are laid to the bathhouse, then this should also be communicated to neighbors if this issue affects their areas.

Consequences of uncoordinated construction

If you do not obtain the consent of neighbors in advance for the construction of an object directly next to the border of the territories in violation of building codes, then this may become cause of negative consequences:

Thus, the construction of any object must carried out taking into account numerous rules and regulations. If they are violated in any way by the owner of the territory, this causes many negative consequences. If you build a house or other structures next to your neighbors’ territory, violating the norms, then you must obtain consent for this process in advance from the owner of this plot of land. Without this document, you may be faced with the need to pay fines, as well as the impossibility of obtaining permission or a certificate of registration of the object.

Legislative requirements for setbacks from the boundaries of neighboring plots when constructing houses and outbuildings are discussed in the following video:

Good afternoon Tell me how to properly draw up a document for roof reconstruction. House for 4 owners, we bought the 4th part, but the roof over the whole house is very bad, and we want to raise our side like an attic. How to correctly write a document where all the neighbors will sign that they won’t mind that we will cover the entire roof for ourselves and theirs!?

Hello.

The form of the document depends on what specific goals you want to achieve when signing it and on the area in which you live. Since we are talking not just about repairing the roof, but about a complete reconstruction of the house with the installation of an attic floor, the consent of the neighbors may not be enough. In order to completely protect yourself from possible complaints from co-owners of the property, you will have to not only obtain their consent, but also obtain permission to reconstruct the building from the local administration, otherwise the work you carry out will be considered illegal and the consent of the neighbors will not have legal force.

Depending on the country, region and settlement status, the list necessary documents may differ quite significantly. IN big city You will most likely be obliged to order a detailed project for the reconstruction of a residential building from a design organization with an appropriate license, have it approved by multiple authorities, and undergo an interdepartmental examination. In the village, they may be allowed to make do with a sketch drawing made with their own hands, or even a written statement describing the nature of the work.

A prerequisite for allowing you to carry out work will be to obtain the consent of your neighbors and familiarize them with the nature of the reconstruction and the project, if any.

Full list You can obtain the necessary documents from the administration, by visiting its architectural, construction or land department, and we recommend starting the approval process.

To obtain permission to carry out work, a resident of a metropolis who owns a private house or part of it may be required to order a detailed project for the reconstruction of a residential building and issue a rather large list of authorities from which approval must be obtained. In the provinces and villages the requirements are by no means so strict

How exactly to draw up a paper on which you will ask your neighbors to sign general outline The administration will tell you. Often the form is quite arbitrary, something like: “I am familiar with the project, I have no objection to the work” indicating exactly what transformations await your common Home. If you want the document to record not only the fundamental consent of the residents, but also other issues of your relationship with them (financial, organizational, repair and maintenance of the roof, the procedure for filing claims, etc.), we advise you to determine what additional items should be reflected in it or consult with a lawyer. Possibly, in addition to the written consent you provide to local administration, you will be advised to draw up a separate agreement.