In accordance with Art. 58 of the Civil Code of the Russian Federation, persons guilty of violating the legislation on urban planning activities bear disciplinary, property, administrative, criminal liability in accordance with the legislation of the Russian Federation.
The implementation of construction or reconstruction without obtaining a building permit determines the fact of unauthorized construction. This entails serious legal consequences for the person who carried out the specified work - he commits an administrative offense and bears administrative responsibility in connection with this.
Persons guilty of unauthorized construction or reconstruction bear, in particular, administrative responsibility (Article 9.5 of the Code of Administrative Offenses of the Russian Federation), and are also obliged to eliminate the committed violation by demolishing the unauthorized building at their own expense or returning the property to its original state (clause 2 of Art. 222 of the Civil Code of the Russian Federation) Article: Demolition of an unauthorized building (Savina A.V.) ("Lawyer Practice", 2008, N 3).
In accordance with Art. 2.1 of the Code of Administrative Offenses of the Russian Federation, an administrative offense is recognized as an unlawful, guilty action (inaction) of an individual or legal entity, for which the Code of Administrative Offenses of the Russian Federation or the laws of the constituent entities of the Russian Federation on administrative offenses established administrative responsibility.
A legal entity is found guilty of committing an administrative offense if it is established that it had the opportunity to comply with the rules and norms for the violation of which administrative liability is provided, but this person did not take all measures depending on them to comply with them. The imposition of an administrative penalty on a legal entity does not exempt the perpetrator from administrative liability for this offense. individual, as well as bringing an individual to administrative or criminal liability does not relieve legal entity V.N. Litovkin from administrative liability for this offense. Housing legislation: change of milestones (constitutional foundations of housing legislation). M.: Jurisprudence, 2008. p. 110.
Usually, the following signs of an administrative offense are distinguished:
Wrongfulness, since this act violates a specific rule of law;
Guilt - in the form of intent or negligence;
Punishability - administrative responsibility is established for its commission.
Art. 9.5 of the Code of Administrative Offenses of the Russian Federation provides for the consequences of a violation of the established procedure for construction, reconstruction, overhaul object capital construction and putting it into operation. In accordance with the specified article of the Code of Administrative Offenses of the Russian Federation "Code Russian Federation on administrative offenses" dated December 30, 2001 N 195-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 20, 2001) (as amended on December 29, 2010) (as amended and supplemented, effective from January 27, 2011) / / Russian newspaper- 2010 (p. 1) construction, reconstruction, overhaul of capital construction objects without a building permit, if construction, reconstruction, overhaul of capital construction objects provides for obtaining building permits, entail the imposition of an administrative fine:
For citizens in the amount of 2000 to 5000 rubles;
On the officials- from 20,000 to 50,000 rubles;
For persons engaged in entrepreneurial activities without forming a legal entity - from 20,000 to 50,000 rubles. or administrative suspension of their activities for up to 90 days;
On the legal entities- from 500,000 to 1,000,000 rubles. or administrative suspension of their activities for up to 90 days.
According to Art. 51 of the Civil Code of the Russian Federation "Urban Planning Code of the Russian Federation" of December 29, 2004 N 190-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 22, 2004) (as amended on November 29, 2010) // Rossiyskaya Gazeta - 2010 a building permit is a document confirming compliance with the design documentation to the requirements of the town-planning plan of the land plot and giving the developer the right to carry out construction, reconstruction of capital construction facilities, as well as their overhaul, except for the cases provided for by this Code. By and large, the purpose of issuing and obtaining building permits is primarily to ensure the quality of construction. And its absence at the time of the start of construction and during its implementation (except for cases expressly established by the Civil Code of the Russian Federation) entails, firstly, the recognition of the erected object as an unauthorized construction (according to Article 222 of the Civil Code of the Russian Federation), and secondly, and more importantly, creates a possible threat to the safe operation of the constructed property.
Borisov, A.B. Commentary on Civil Code of the Russian Federation, parts one, two, three with article-by-article materials / A.B. Borisov. - ed. 7th, revised. and additional - M.: Knizhny Mir, 2009. - p. 754.
The object of infringement of offenses in this case is established order construction of buildings and structures. Sanctions for him, provided for in paragraph 1 of Art. 9.5 of the Code of Administrative Offenses of the Russian Federation, were listed earlier.
According to paragraph 5 of Art. 9.5 of the Code of Administrative Offenses of the Russian Federation, the operation of a capital construction facility without a permit to put it into operation, except for cases where the construction, reconstruction, overhaul of capital construction facilities does not require the issuance of a construction permit, entails the imposition of an administrative fine:
For citizens in the amount of 500 to 1000 rubles;
For officials - from 1000 to 2000 rubles;
For legal entities - from 10,000 to 20,000 rubles.
A permit to put an object into operation is a document that certifies the completion of the construction, reconstruction, overhaul of a capital construction object in full in accordance with the construction permit, the compliance of the constructed, reconstructed, repaired capital construction object with the town-planning plan of the land plot and project documentation (Art. 55 GRK RF). Issuance of a permit to put the object into operation is carried out by the body that issued the construction permit. The permission to put the facility into operation certifies the completion of the construction, reconstruction, overhaul of the capital construction facility in full in accordance with the construction permit, the compliance of the constructed, reconstructed, repaired capital construction facility with the town-planning plan of the land plot and project documentation. Legal regulation construction of temporary, auxiliary facilities, as well as the erection of unauthorized buildings // Lawyer. 2009. N 10. p. 35. In case of non-compliance with the specified requirements urban planning legislation concerning the rules for the acceptance and commissioning of objects, the specified norm of the Code of Administrative Offenses of the Russian Federation comes into force.
Offenses committed in the course of construction without an appropriate construction permit, as well as the operation of a capital construction facility without a permit to put it into operation, are characterized by intentional guilt. Cases of administrative offenses are considered by officials of state bodies building supervision. Art. 23.56 of the Code of Administrative Offenses of the Russian Federation defines the executive authorities authorized to carry out state construction supervision. It is they who consider cases of administrative offenses under Art. 9.5 of the Code of Administrative Offenses of the Russian Federation.
To consider cases of administrative offenses on behalf of the bodies indicated earlier, the following have the right:
1) the head of the federal executive body authorized to exercise state construction supervision, and his deputies;
2) leaders structural divisions the federal executive body authorized to exercise state construction supervision and their deputies;
3) heads of territorial bodies of the federal executive body authorized to exercise state construction supervision, and their deputies;
4) heads of executive authorities of the constituent entities of the Russian Federation authorized to exercise state construction supervision, and their deputies;
5) heads of structural subdivisions of the executive authorities of the constituent entities of the Russian Federation authorized to exercise state construction supervision, and their deputies.
In accordance with paragraph 2 of Decree of the Government of the Russian Federation of February 1, 2006 N 54 "On State Construction Supervision in the Russian Federation", the federal executive bodies authorized to carry out state construction supervision are:
Federal Service for Ecological, Technological and nuclear supervision- during the construction, reconstruction, overhaul of nuclear facilities (including nuclear installations, storage facilities for nuclear materials and radioactive substances), hazardous production facilities, communication lines (including line-cable structures), determined in accordance with the legislation of the Russian Federation , objects of defense and security, objects, information about which constitutes a state secret, especially dangerous, technically complex and unique objects, with the exception of objects of the military infrastructure of the Armed Forces of the Russian Federation;
The Ministry of Defense of the Russian Federation - during the construction, reconstruction, overhaul of military infrastructure facilities of the Armed Forces of the Russian Federation. The procedure for exercising state construction supervision in the Russian Federation is established by the Regulations on the implementation of state construction supervision in the Russian Federation, approved by Decree of the Government of the Russian Federation of February 1, 2006 N 54.
State construction supervision is carried out:
During the construction, reconstruction of capital construction projects;
During the overhaul of capital construction facilities, if during its implementation the design and other characteristics of the reliability and safety of such facilities are affected and project documentation such objects are subject to state examination in accordance with Art. 49 of the Civil Code of the Russian Federation or the design documentation of such facilities is a standard design documentation or its modification. The task of state construction supervision is to prevent, as well as to identify and suppress violations of compliance of the construction, reconstruction, overhaul of capital construction works with the requirements of technical regulations, other regulatory legal acts and project documentation. Protocols on administrative offenses are drawn up by officials of state architectural and construction supervision bodies (part 1 of article 28.3 of the Code of Administrative Offenses of the Russian Federation) and officials of internal affairs bodies (police) (clause 1 of part 2 of article 28.3 of the Code of Administrative Offenses of the Russian Federation).
legalization unauthorized real estate rented
In our country - a phenomenon quite familiar and very common. The scale of such structures can be different - from a cottage to a high-rise building.
The reasons for the appearance of a huge number of "self-driving" are also different - from banal ignorance to outright fraud. The second case is when an unscrupulous developer builds houses without permission, and buyers illegal apartments then they lose money, often irretrievably.
However, any unfortunate builder may one day be fined. This is just one of the measures of responsibility, which is very important to know about. Therefore, today we will tell you what size of the fine for unauthorized construction (squatter construction) is provided for in Russia.
Penalties for unauthorized construction in Russia
The construction that someone has done arbitrarily is a very broad concept. Liability for this depends on the seriousness of the infringement. For example, if "AWOL" contradicts town planning code, then the order of punishment can be:
- administrative;
- property;
- disciplinary;
- criminal.
In many cases, construction cannot begin without special permission. If there is a construction of a house without a project, and the construction is still going on, then the culprit may receive a fine for unauthorized construction (squatter construction).
- In this case, an individual will lay out at least two and no more than five thousand rubles. IP - in tenfold limits.
- Legal entities will pay in the amount of half a million to a million rubles.
You can't get away with a single fine. If there is an order to suspend construction, and it continues, fines will follow again.
- For individuals, the amount will be the same as in the first case.
- Individual employees of organizations will be “punished” in the range of ten to thirty thousand rubles.
- For IP, the upper bar will jump to forty.
- Legal entities can be assigned from fifty to one hundred thousand rubles.
A fine for individual entrepreneurs and legal entities may be accompanied by another measure. Indirectly, it also brings noticeable financial losses. It's a ban on doing business. Term - up to one and a half months (90 days).
All this is the Code of Administrative Offenses of the Russian Federation, article 9.5.
In the video below, you will learn about cases from judicial practice on issues of punishment for unauthorized construction:
Organizations to combat such violations
Various organizations can track construction sites without permission and punish violators. They are listed in the Code of Administrative Offenses (Article 23.56). In addition, the Moscow Government several years ago initiated the formation of a special commission.
What is the commission
Unauthorized construction in Moscow at some point became simply threatening in its scale. To fight it metropolitan authorities created a specific district commission to suppress unauthorized construction.
- If some Moscow real estate of a relatively small area in some respects is clearly similar to "AWOL", the District Commission for the Suppression of Unauthorized Construction should deal with it. Also in its jurisdiction are any non-capital buildings - "AWOL".
- Illegal occupation of a land plot is another side of the commission's activities.
Its members meet every month, analyze the agenda items and make their decisions.
Her decisions
What can be the decision during the meeting of the District Commission for the Suppression of Unauthorized Construction? Here are the main directions:
- according to article 222 of the Civil Code of the Russian Federation, to determine that a certain object is the result of unauthorized construction;
- offer the violator who built the "AWOL" to voluntarily demolish or dismantle the structure;
- if a voluntary procedure is not possible, file an appropriate claim.
When a citizen is faced with a case of illegal construction, he immediately has a question - where to complain, and what a fine awaits the violator? There are several options here. As a rule, this is done either by the courts or by the municipal administration. For fidelity, the complaint can be written both there and there.
The amount of the fine is calculated depending on the severity of the violations and the amount varies from 1,000 to 10,000 rubles. Under certain conditions, the court may require a larger payment, demolition of the object at the expense of the defendant, or even make a decision on criminal liability.
Liability for illegal construction
If the ongoing construction is recognized as illegal, then the developer is called to account in accordance with the law. In this case, there are three options for the outcome of the case.
At civil liability the developer is involved under article 222, paragraph 2, of the Civil Code of the Russian Federation. At the same time, the illegally erected residential building must be demolished. This procedure must be carried out by the owner himself, or the demolition of the object must be paid in full.
At administrative responsibility a monetary penalty is imposed. The minimum is 1000 rubles, in case of environmental, technical or design violations under Article 8.1 of the Code of Administrative Offenses of the Russian Federation. The standard maximum is 10,000 rubles, when building a house on a land plot without the right to use it. Also, the court may recover under Article 8.1 of the Code of Administrative Offenses of the Russian Federation up to 1.5% of the total cadastral value land and real estate.
To attract to criminal liability there must be fraud of one kind or another in illegal construction. The least that awaits the defendant in this case is a fine, correctional labor for up to 240 hours or imprisonment for up to 1 year under Part 1, Article 159.4 of the Criminal Code of the Russian Federation. It should be remembered that to this species the owner of the building can be held liable only in the event of a planned or ongoing entrepreneurial activity in the specified area.
The debt should be repaid immediately, as there is an increase in the penalty for delay. An urgent loan on the day of treatment is a way out of this situation.
Where to complain about construction without a permit
In order to hold legally liable a citizen who conducts construction without a permit, you can file a lawsuit with a demand to prohibit the construction of a building, or to demolish it at the expense of the developer. You can also file a complaint with the administration. All this will lead to proceedings, according to the Civil or Criminal Code.
But where to file a complaint about illegal construction of real estate if there are serious legal violations? Here the issue is resolved in accordance with the Criminal Code of the Russian Federation, and here the complaint is written to the prosecutor's office under Article 10 of January 17, 1992 or to the interrogating officer, under the aforementioned part 1 of Article 159 of the Criminal Code of the Russian Federation. If there is a serious crime, the application is written in the name of the investigator of the Internal Affairs Department of the Russian Federation, in accordance with parts 2 and 3, Article 159 of the Criminal Code of the Russian Federation.
Sample Complaint for Building without a Permit
In addition to evidence documents and papers, it is necessary to write and issue an application to the architecture about the illegal construction of a house. The prosecutor's office, the justice of the peace, the cadastral chamber or the local administration can act as the addressee instance. The format of the document will be the same.
An application for construction without permission should come not from one person, but from a team, with the maximum possible number of signatures. Only then will this paper be valid at trial.
There is no exact form for such a complaint, but it must contain the following information:
- Who is the appeal coming from? For example, from residents of a separate house or housing estate;
- To whom the application is directed. Cadastral chamber, architecture, local court, district administration or prosecutor's office;
- The date the complaint was filed. Standard item of any document;
- Reasons for applying. Among the most common options is the danger posed by the building to the health or life of citizens, as well as the infringement of their rights. Finally, the lack of permission for the construction of real estate from the developer.
For reliability, it is better to hand over a copy and the original paper, as well as leave one copy on hand.
Objects of illegal construction
To obtain a permit for the construction of a particular property, you need a whole package of documents, coupled with the relevant application. Their design is a long, tedious and costly process. Therefore, many try to save time and effort, and skip this moment. As a result - bringing to justice of one kind or another. But it is necessary to understand under what circumstances certain construction objects are considered illegal?
In the case of the construction of a private house, the developer must obtain the appropriate permission from the local administration, providing title documents for the land plot. For violations in this case, a citizen can only be held administratively liable.
For a building permit apartment building a much larger list of papers from the municipal administration is needed. The basis is the same title documents for the site, plus consent from all other construction right holders, certificates from the fire and sanitary inspection, confirmation of the construction project documentation. If all these norms are not met, the building is subject to immediate demolition at the expense of the defendant.
Preparation of a package of documents for the construction commercial real estate on the land plot- the most difficult task. This requires additional extracts from the USRIP, USRLE, urban planning plan for the existing site, all project documentation, plus the documents indicated in previous cases. If all this is not observed, the building, again, is subject to demolition at the expense of the developer himself.
List of cases when construction may be declared illegal:
- If a building, structure or other structure was erected on a site not intended for construction.
- In the absence of a building permit from the relevant authorities, which must correlate the request with urban planning and building codes.
- The person who carried out the construction does not have a building permit from the owner of the territory and / or he is not its owner.
- Construction is carried out using illegal sources of income and labor resources, or in violation of a number of urban planning and building codes. This may include the construction of an illegal addition to the existing development.
Fines for illegal construction
If we talk about the amounts of fines for illegal construction, then their size varies depending on the type of structure being built, as well as the severity of violations. In case of unauthorized construction of a private house, everything is limited to 1000-5000 rubles and full payment for the demolition of the building. But this is if we talk about the fine for illegal construction on your site. On someone else's, the amount can be increased by compensation to the owner.
In the event that the object of illegal construction is an apartment building, or the violation consists in the absence of rights to land, the amount may increase to 10,000 rubles. In some cases, a certain part of the cadastral value of the structure is charged - from 1 to 1.5%. And this is logical - the responsibility for the illegal construction of a residential building should be higher, for obvious reasons. If the developer has committed serious violations that can lead to the collapse of the building, he can even be held criminally liable.
When it comes to the construction of commercial real estate or fraud of one kind or another, the size of the fine increases dramatically. Here the amounts are about 0.5-1 million rubles. In addition, the owner may be involved in correctional labor or imprisonment for up to 1 year. Therefore, it is not always possible to get off with just a fine for unauthorized construction.
If we talk about the fine for illegal construction to a legal entity, then it is much higher when compared with the amounts that individuals can be fined for. While ordinary citizens have to pay from 2 to 5 thousand rubles for illegal construction, legal entities pay from half a million to one million rubles. The difference is significant.
Reply from 01/03/2016 05:25
Article 222 of the Civil Code of the Russian Federation. Self built.
1. Unauthorized construction is a residential building, other building, structure or other real estate, created on a land plot not allocated for these purposes in the manner prescribed by law and other legal acts, or created without obtaining the necessary permits for this or with a significant violation of urban planning and building norms and rules.
2. A person who has carried out unauthorized construction shall not acquire the right of ownership to it. It has no right to dispose of the building - to sell, donate, lease, make other transactions.
Unauthorized construction is subject to demolition by the person who carried it out or at his expense, except for the cases provided for by paragraph 3 of this article.
The right of ownership to an unauthorized construction may be recognized by a court, and in cases provided for by law in another procedure established by law, the person in whose ownership, lifetime inheritable possession, permanent (unlimited) use is the land plot where the construction was carried out. In this case, the person who has recognized the right of ownership of the building shall reimburse the person who carried it out for the costs of the building in the amount determined by the court.
The right of ownership of an unauthorized structure cannot be recognized for the said person if the preservation of the structure violates the rights and legally protected interests of other persons or poses a threat to the life and health of citizens.
7. Thus, if a local government recognizes a residential building reconstructed without obtaining a permit for the construction of an unauthorized building, the developer will have to apply to the court for its legalization. At the same time, a technical description of the reconstructed residential building must be submitted to the court from the OTI.
8. The last stage is the introduction of amendments to the Unified State Register of Rights to Real Estate and Transactions with It. At the same time, it is required to make appropriate changes about the residential building in subsection I of the USRR, in connection with which the updated information about the reconstructed residential building is entered into the USRR without re-registration on the basis of an application from the owner of the reconstructed residential building or his representative and the attached cadastral passport of the reconstructed residential building containing new information about a residential building (clause 10, article 33 of the Federal Law “On state registration rights to real estate and transactions with it).
After receiving the relevant extract from the USRR on the registered ownership of the owner of the reconstructed residential building, he can carry out a transaction for the sale of this residential building.
Responsibility for violation of urban planning and administrative legislation:
In accordance with Article 58 of the Civil Code of the Russian Federation, persons guilty of violating the legislation on urban planning activities bear disciplinary, property, administrative, criminal liability in accordance with the legislation of the Russian Federation. The implementation of construction or reconstruction without obtaining a building permit determines the fact of unauthorized construction. This entails serious legal consequences for the person who carried out the specified work - he commits and bears administrative responsibility in connection with this. Persons guilty of unauthorized construction or reconstruction bear, in particular, administrative responsibility (Article 9.5 of the Code of Administrative Offenses of the Russian Federation), and are also obliged to eliminate the violation committed by demolishing the unauthorized building at their own expense or bringing the property to its original state (clause 2 of Art. .222 of the Civil Code of the Russian Federation). In accordance with Article 9.5 of the Code of Administrative Offenses of the Russian Federation (clause 1), the reconstruction of a residential building without a building permit entails
Unauthorized construction includes, among other things, any uncoordinated extension to an individual house. In what cases will the construction of a building be legal?
Proceed to start construction works possible after:
- the right to acquire ownership of a piece of land has been registered;
- a project of the planned structure has been created and agreed upon in the necessary instances;
- received a warrant for earthworks;
- permission has been obtained to begin construction.
All these activities include relevant steps and sub-steps. If this rather lengthy process is abandoned, the developer will face legal liability for unauthorized construction.
Consequences of unauthorized construction
Civil Liability
Paragraph 3 of Article 25 of the Federal Law "On Architectural Activities" gives grounds to hold an individual liable for uncoordinated and unauthorized construction. First of all, a person is obliged to bring the land in original view and demolish the illegally erected building.
All illegally erected buildings can only be demolished after a court order. Orders issued by local administrations and district commissions for the suppression of unauthorized construction are not for the demolition of an unauthorized house.
Even if the ownership right was somehow registered with the Rosreestr branch, this does not give grounds to avoid the forced demolition of the house in the event of a significant violation of the rules and regulations during the construction of the building.
The court may invalidate the record of ownership of the erected real estate object if it was erected on a land plot that previously belonged to another person without the consent of the relevant authority to erect it.
If the plaintiff, who built the building without permission, refers to the expiration of the three-year period limitation period after the construction of real estate, these arguments will not be taken into account by the court, since this mandatory rule does not apply to the rights of the owner. The same limitation period does not apply to those buildings and structures that, after erection, may threaten the life and health of people living there. In this case statement of claim the Commission for the Prevention of Unauthorized Construction of Buildings can file a lawsuit against illegal construction of a house.
When constructing a building on a foreign land, the owner of the site may not make a demand for its demolition, but has the right to ask Judicial authority acknowledge ownership of the building. If such a requirement is satisfied, then the unauthorized developer has the right to receive compensation for the constructed facility. The court as accurately as possible evaluates all investments of the developer, determines market value object and sets the amount of compensation.
Administrative responsibility
An individual who has violated the building rule, except for civil liability, in accordance with federal law"On violation of requirements in the process of construction of buildings and structures" may be held administratively liable on the basis of the Code of Administrative Offenses.
Building without a permit is punishable by:
- for citizens from 2 to 5 thousand rubles;
- for officials and individual entrepreneurs from 20 to 50 thousand rubles;
- for legal entities from 0.5 to 1 million rubles.
Actions of the court in resolving the issue of unauthorized construction
The Plenum of the Supreme Court of the Russian Federation explains that if it is impossible for an individual to provide a building permit, this cannot be the basis for the court to refuse the right to this building.
In the process of considering the claim, the court finds out whether the developer tried to take actions in order to recognize the building as legal. To do this, an individual had to apply with an application to the state bodies authorized to make such a decision. If such an appeal was made, the court finds out what answer was given and what rules of law it referred to. government agency. If only the refusal of the state body became the basis for not registering the building, then the court satisfies the statement of claim.
To avoid penalties and other sanctions after the construction of an uncoordinated property, you should seek advice from the lawyers of the Pravoved.ru service by calling or asking a question using the electronic form posted on the website.
