Two houses on one site: how to do it legally

The construction of a second house on the site is a tempting prospect: communications are nearby and there is no need to spend money on buying land. But how legal it is; Will there be any problems during the registration process that cannot be fixed? We will talk about this in the article.

Where to start?

As soon as the idea of building a second house came up, you need to make sure that this can be done and the house will subsequently be registered. The laws that today regulate this issue do not directly limit the number of houses on one site intended for individual housing construction, as well as on summer cottages and personal subsidiary plots. But there are a number of restrictions regarding the buildings themselves, which include:

building height - no more than 20 meters;
number of storeys - the maximum number of floors is 3.

The area of both garden and residential buildings is not subject to restrictions; there is a difference in the notification process. If the building area does not exceed 500 square meters, you only need to notify the authorized body of the CMU. In the case when the area of the building will exceed 500 squares, it will be necessary to develop and coordinate project documents, conduct an examination, and obtain permission to put the house into operation.

instagram viewer

In order to make sure of the legality of the event, it is best to first familiarize yourself with the land use and development rules of the municipality (PZZ), the territory of which the land plot belongs to. And also in local self-government bodies you need to get a GPZU (urban planning plan of a land plot).

From these two documents it will become clear: is it possible to build a second residential building on the site; if possible, in what place on the site to put the house and on what parameters and restrictions to rely on. If the construction of a second house on the site is prohibited, you can find out from the GPZU and PZZ how to get around the restrictions. For example: to reduce the area of the house standing on the site; organize measures for the protection of objects if the site is located in the cultural heritage zone.

Photo source: Yandex. Pictures

Where to go with a question and what documents to provide?

It is necessary to contact a specialist of a licensed design organization with this question. The cadastral engineer will draw up a technical plan for the construction. To prepare a technical plan, a regulated declaration is required, filled out on a special form.

The declaration indicates:

owner data;
those description of the object;
cadastral number of the land plot;
quarter cadastral number;
type of building;
location of the object.

Attached to the declaration are:

an extract for a land plot from the Unified State Register of Real Estate;
plan of each floor of the building;
drawing;
consent to data processing.

Further, the documentation will go to the registration procedure in Rosreestr. The collected documents can be submitted in two ways: through the MFC; via the State Services portal in the user's personal account. This issue will be considered in local government or local executive authority.

Photo source: Yandex. Pictures

For what reasons can they refuse to build a second house on the site?

Officials do not always give permission for the construction of a second house. In the overwhelming majority of cases, refusals come for the following reasons:

exceeding the maximum percentage of land development;
the impossibility of observing the indents from the borders of neighboring land tenure, in connection with which the minimum permissible values will be violated;
the charter of a garden non-profit partnership prohibits or restricts such actions (if the site is part of SNT);
the land plot is located in a water protection or sanitary protection zone;
on the site there are protected objects included in the register of cultural heritage.

From one to two

There is another loophole in the law that allows you to bypass the prohibitions and restrictions on the construction of a second house - delimiting the land into two plots. To implement this plan, the landowner needs to contact a cadastral specialist who will prepare documents for filing for registration with Rosreestr. After this procedure, Rosreestr cancels the data on the previous land allotment and registers new plots. The number of plots is not limited to dividing into two - if desired, you can create several land formations.

When implementing this option, you should know:

newly formed land plots fully inherit the intended purpose and types of use of the divided plot;
a house on a new land plot can be built only if it is completed in accordance with town planning rules and regulations;
new sites must exceed the minimum allowable area standards;
on the new land plot there should be no prohibitions and restrictions on construction.

To avoid refusals in the construction of a residential building, you need to get information in advance about the potential of the newly formed site. There will be no point in dividing the land into two or more plots if, in the end, the house is not allowed to be built.

Photo source: Yandex. Pictures

Farm building

Another tricky decision can be the construction of a small house, according to the project, resembling an ordinary summer cottage. Such a building can be registered as an outbuilding. The option is profitable, since sometimes you can face difficulties when registering a second home. For example, if communications do not allow: there is not enough voltage in the electrical network; weak water pressure in the water supply system; insufficient gas pressure in the line. In these cases, the house cannot be considered a residential property, since it does not have the ability to provide vital communications. Such problems are not uncommon in the villages.

But you can do without permission altogether and install a lightweight, non-capital structure. This is a good option when you need to increase the living space and there are problems with permission.

Do you have illegal buildings on the site? Write in the comments!

Friends, there are already more than 30 thousand of us! Like, subscribe to our channel, share the publication -we are working,so that you receive only useful and relevant information!