How to legalize unauthorized buildings

The authorities are looking for unauthorized buildings by quadcopters. In the first 6 months of this year, 689 self-built structures (about 494 thousand m2) were discovered in the capital alone. And this, according to the press service of the State Inspectorate for Real Estate, is almost twice as much as in the same period of 2019.

Artificial intelligence against illegal dachas

Vladislav Ovchinsky, Head of the State Inspectorate for Real Estate, believes that such high results the work of the department is largely associated with the use of quadcopters, as well as - video cameras and orthomosaics. So in less time, more area was explored.

Vladislav Ovchinsky Head of the State Inspectorate for Real Estate:
“In the first half of 2020, we, together with the Information Technology Department, launched a pilot project for the implementation of artificial intelligence, which made it possible to increase the proportion of detecting new unauthorized buildings from the number of objects surveyed by more than five times, from 15% to 78%».

Dmitry Golovin, head of the city video surveillance department of the information technology department, notes the high potential of video surveillance systems algorithms based on neural networks. After all, every year such a system processes more than 1.5 billion hours of materials (video), fixes all kinds of violations, including arbitrary actions. The accuracy of detecting illegal summer cottages and other buildings, as specified in the department, has increased 3 times and continues to increase.

What is self-construction?

In the 90s, many buildings appeared. Over time, such houses, baths and other structures have become capital. However, not everyone decided to legalize them for one reason or another. It happens when a person is not up to the passage of bureaucratic offices, and he builds a house himself. That is, all construction projects for which there is no permission from local authorities or erected with violations of urban planning norms are considered unauthorized.

Such a house cannot be considered a property, property cannot be donated or sold. And it happens that a person buys a land plot with a building, but according to the documents, the house does not exist. Extensions to the building and reconstruction without coordination with the authorities are also referred to as unauthorized construction.

Signs of unauthorized construction:

• the site on which the object is located does not have the status of "under construction";
• lack of a building permit (reconstruction, planning) and design documentation;
• the building was erected in violation of construction rules;
• the building has not been approved by the state authorities;
• the building is not registered in the cadastre.

To be demolished

Vladimir Efimov, Deputy Mayor of Moscow, stressed that the dismantling of such construction facilities is necessary, since unauthorized construction often poses a danger to citizens. Unauthorized buildings were erected without taking into account building codes. The official noted that half of the identified illegal structures were demolished by the owners themselves on a voluntary basis.

The term for demolition can be different, based on the characteristics of unauthorized construction - but is at least 3 months and no more than a year. And to bring the unauthorized construction in accordance with legal requirements, at least 6 months and no more than 3 years are given.

According to the law, article 222 of the Civil Code of the Russian Federation, unauthorized buildings are either demolished or "remodeled" in accordance with the accepted building standards. The same document states that in addition to dismantling at his own expense, the site owner must also pay a fine for unauthorized construction. For individuals it is 2-5 thousand rubles, for legal entities - from 500 thousand to 1 million rubles. If we are talking about the misuse of land (when an agricultural land, for example), then the fine for individuals is 10-20 thousand rubles, and for legal entities - up to 200 thousand rubles. The amount depends on the cadastral value.

Conditions for legalization

You can try to do this in an administrative way. All documentation is actually obtained in hindsight. A project is being prepared, why a building permit and commissioning. Real estate objects can also be legalized through the Commission on unauthorized construction - by sending a request to "save" the house. If they consider the building to be safe and properly built, then they will take a positive decision - they will issue a building permit and all the papers required for commissioning. It does not always work. Then they already go to court.

Through the court. There are several conditions to legalize unauthorized construction. The structure should be built on a site, the property right to which is legalized (the owner is one person); construction work was carried out according to the rules; real estate does not pose a danger to citizens and does not affect the interests of third parties; not subject to dispute; all supervisory and regulatory authorities have no claims to this building.

That is, in the statement of claim, it is important to attach all the examinations and documentation: a technical plan, the conclusion of the SES, etc. If the object is located in an area where building is prohibited, it is necessary to prove that the person did not know or could not know about it.

After the decision of the court, it is already possible to register the house. The court can also order the building to comply with the rules.

Dacha amnesty

While the dacha amnesty is valid until March 1, 2021 (but there is proposal to extend the term for another 5 years). One of the provisions of the program is a simplified procedure for registering the rights to both residential and garden houses - which are located in a summer cottage (for individual housing construction, a building permit will be required). You need to submit a technical plan prepared by a cadastral engineer, documents for the site and pay a fee of 350 rubles.

And after this date, the land owner will already have to use the notification procedure for the construction of the facility (which entered into on August 4, 2018). That is, it is necessary to notify the local government bodies that issue the building permit about the beginning and completion of work. This is how the parameters of the object under construction are coordinated and the corresponding package of documents is sent to Rosreestr in order to formalize the rights of the developer.

At the same time, until March 1, 2021, there is a transition period for those people who started construction before August 4, 2018 and did not receive a building permit. They can send a notification to the competent authorities and there is no need to obtain a building permit and commissioning. If you do not do this by March 21 of next year, you will have to register your rights in court.

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