How to legally issue an extension to avoid being caught on the fine and the house problems

How to make an extension to avoid problems

One of the advantages of a private home is the ability to change its area in the event of such a necessity. It happens that with the expansion of the family, and it is not only the birth of children, but also the union with the older generation or the like in the house is too small a place. Buy or build a new one is possible not all, then attach to the existing space, or spaces much easier. As for technical issues, each decides for itself what kind of technology and materials used in the construction of an extension. But the law - one for all, as well as an algorithm necessary documents. Let us consider the basic aspects of the legalization of construction build out.

Content:

• What is the extension or whether it needs to draw
• Making non-permanent extensions
• The algorithm of action to legalize the extension prior to construction
• How to legalize an existing extension

That falls under the concept of extensions and whether to draw the design you need to document

According to the RF Town Planning Code of the building out to the house of any design is not included in the original architectural plans and entailing a change in its original key characteristics (area, volume) is reconstruction. A reconstruction of the house is under the jurisdiction of public supervisory authorities and regulated not only by the Urban Planning Code but also other legal acts. Extensions are classified into capital and non-capital.

capital extension - residential or utility room, with one or more common walls with the house, of any size, for the construction of which will involve additional land. Number of floors extension may coincide with the floors in the building and can not be the same, usually downwards.

Semi-permanent extension - secondary, non-residential construction, which does not require capital foundation and change the parameters of the house slightly. This can be a porch, balcony, roof terrace or veranda, carport and the like.

And the capital and non-capital extension must be documented, but the algorithm of the process is quite different.

How to make semi-permanent extension

Drastic changes in design at home because of non-capital additions arise, they do not pose a danger to themselves tenants do not violate the statutory distance and can in no way infringe upon the rights of neighbors, and therefore permission for their construction are not required. Actually, now it is not required at all, but from March 1 this year introduced a notice in everyday life, which is supplied to the local authorities before construction. That's just the local authorities can, how to coordinate the construction site, and the refusal to issue and, in fact, the meaning is not changed. If you talk about non-capital additions, and notice of municipal feeding is not necessary, but on completion of their necessary to make out through the BTI.

• Provide legal documents on land and a house.
• Write an application to amend the technical documentation.

Ideally, will leave in place a commission to verify the parameters of the extension, the results of the inspection will be given a certificate of completion of reconstruction. Execute nonfund annexe can be immediately after construction, and after a time, fines and penalties for late payment are not provided. Leave without any registration is theoretically possible, but impractical - it is not known how to change the law, it is better to have on hand all the documents.

Legalization of capital extension prior to construction

It can be long to sort out the exact wording, but any capital extension, even if it is non-residential room, but with a common wall with the house - reconstruction and should be agreed before the start of construction and not after.

Appolo10

Member FORUMHOUSE

... I recommend first to consider the legal side of the issue. To carry out "reconstruction" (annex), it is necessary to make the project and get the local authorities' permission for the reconstruction. " If you do not, you get a "squatter", the phenomenon of state-of fights, and every year more and more ...

And although the first solution for individual housing construction abolished and replaced after the notification / coordination, from the relocation of sum is not changing - the notification of the planned reconstruction of mandatory and not recommended stage.

RF GrK Article 51.1. Notice of planned construction or reconstruction of the object of individual building or an apartment house (in force since 04.08.2018, Federal Law № 340)

«1. For the purpose of construction or reconstruction of the object of individual housing construction or garden house builder filed on paper by means of a personal appeal to authorized to issue permits for the construction of the federal executive authority, executive authority of the Russian Federation or local authority, including through multi-center, or sends to the bodies by mail with return receipt requested, or a single portal of public and municipal services notification of planned construction or reconstruction of the object of individual housing construction or home garden (hereinafter - the notification of the planned construction)... ".

As practice shows, now available and remote submission of the notification through the personal cabinet of the portal of public services. The form is filled in electronically and fed into the appropriate section.

Typical form of notification and approved by the executive authorities, when filling is required to make the following information.

• Full name, place of residence of the applicant, as well as passport details (or other identity document).
• Cadastral parcel number (if any), address or description of the location.
• On what basis there was a right to land.
• If the share ownership are transferred to the data and the other owners.
• On a portion of permitted use (BPH).
• About a permitted use of the capital construction (ACS), a residential or garden house.
• The purpose of the notification (form one, but do not specify the construction and reconstruction).
• The parameters of the proposed extension, including the indentation from the site boundaries.
• Graphic image layout proposed extension at the site (indicating the size and the distances to the boundary).
• The fact that further extension will not be moved to separate the object of capital construction (that is, the house is not divided into separate parts).
• Postal address and e-mail (if available) for feedback.
• The way in which the applicant wishes to receive a reply.

The notification shall be accompanied by the documents on the ground, if it is not recorded in USRRE. If the house is located within the boundaries of the object of historical settlements need to attach a text description of the facades and graphic image. Within seven working days (twenty for historical settlements) from the time the notice of receipt, local authorities should be checked and either agree on the reconstruction or refuse agreement. When obtaining informed consent is possible to start construction at the end of which the Commission from the local authorities will have to take an object and issue certificate of compliance. In reality, however, it is usually sufficient to notify the local authorities of the completion of the reconstruction, and provide tehplan state fee for registration. A registration application in Rosreestr during those seven days, will submit themselves municipalities.

In the second case it is necessary to obtain the consent of the court. If we do not notice and build at your own risk, you can get a squatter with all the consequences, and this is at least bringing into line, and the maximum - demolition.

IMHO

Member FORUMHOUSE

Any "re-division, leading to increase in the area" - a reconstruction. "Legitimize" in the end you have no extension, and again the whole house in the changed coordinates. But without passing the quest "Notify-agree" you risk to acquire squatter.

If an extension does not hurt the rights of neighbors or neighbors of those with whom you can negotiate, it is quite possible to live with such samostroem decades. But here's to sell, donate or bequeath illegally reconstructed building will not work. Yes, in the plans of the powers that the extension of dacha amnesty, but it it will go on already constructed or renovated homes. Instead of annexes, constructed in real time, bypassing the existing legislation.

How to legalize existing capital extension

At the moment to legalize unauthorized construction is possible only through the courts, provided that the construction was carried out in accordance with BPH, construction standards and permissible limits. To do this, the owner must apply to the court with a claim, the defendant will serve the municipality. If the decision is in favor of the plaintiff, will only have to pay the state fee and register the changes. But failures are not uncommon, especially if violations are still taking place. A refusal entails not only the demolition of unauthorized construction, but also the payment of the fine.

Output

Originally our tradition, hope for a "maybe":

• You do not have to sell;
• good neighbors;
• all that live, and nothing like that;

in a situation with extensions can cause serious problems. It is worth spending time and effort to design an extension, be it capital or non-capital in order to save a lot more of these resources in the future.

The theme of b / in the sea containers to house-bathhouse - convenience, again, in the framework annexe. Transform an ordinary shed can be not only internal improvements, but also through an attached terrace. In the video - of chopped bath, bath complex has become.

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