The agreement of neighbors for the reconstruction of part of the house sample. Structure and pattern of consent of neighbors for redevelopment. Construction of bathhouses or outbuildings

Ownership of a private land plot by economic people often implies the possibility of independent reconstruction of old or erection of new buildings.

Their purpose, of course, may be different, but do not forget about one important circumstance.

Such construction must be carried out in accordance with the norms of the current legislation and technical requirements.

Otherwise, you risk causing dissatisfaction with your neighbors or getting a heavy fine from the regulatory authorities. Moreover, it is possible that the building will have to be demolished, and this is money and time invested in vain.

It is necessary to give explanations to all future developers who decide to build a house on their land. We will figure out in which cases permission from neighbors is required and how it is issued.

Three whales - the basis of knowledge for the developer

First of all, we pay attention to the fundamental principles:

the building plot must be owned by you as a property, as a lifetime inheritable possession or perpetual use;
buildings and auxiliary building structures may have residential and non-residential purposes;
all legal regulations regarding your buildings must be observed. They are contained in several codes, laws and regulations.

For individual construction, it will be necessary to focus on the norms of the Civil Code (with clause 1 of Article 263 of the Civil Code of the Russian Federation) and Town Planning Codes (Article 51). And in each case, comply with the technical requirements of the main by-law.

We are talking about SNiP (building norms and rules). Compliance with these standards directly depends on whether you need any permission, or a receipt from persistent neighbors or not.

Note: before starting construction on an empty site, first zoning taking into account the location of the neighbors' existing buildings, marking the control boundaries with pegs. This simple tip will help you avoid misunderstandings in the future.

Consent Requirements

If construction objects were erected arbitrarily (construction without a building permit), as well as in violation of these standards, then their presence on the site may have to be proved in court. To resolve the issue, you will need permission from the neighbors.

It can be issued in any form. Some experts recommend notarizing the consent to the buildings so that there are no claims when changing owners-neighbors.

The consent must include the following information:

name of the owners of the parties, their passport data;
the addresses of the parties;
documents of ownership of real estate;
the size of the construction object, including the number of storeys, and the distance from the borders of the neighboring site and buildings;
schematic layout;
date and signatures of the parties with decoding.

A typical example of the rational use of the territory is the toilet cubicles in summer cottages, where all neighbors should have them in the same area. This is a reasonable and quite natural behavior of all neighbors.

So, in order to avoid conflict situations with neighbors, before construction, consider the rules:

at least 3 meters - from the future home to the border of the site with a neighbor;
at least 1 meter - from buildings for household purposes;
at least 8 meters - from the sauna, toilet and compost pit.

note: measurements are taken from the basement of the house, in its absence - from the wall. In the case of a protrusion of house elements (a canopy of a building, details of the upper floors, for example, a balcony) of more than half a meter, then they are measured from these protrusions.

Permission is also required in the case of redevelopment of premises in an apartment building and the transfer of residential to non-residential premises. This is not surprising, since redevelopment may affect common communication facilities, affect the comfort of people living nearby in the neighborhood: noise, humidity, etc. (you can read about in which case a building permit is not required).

In cases where, in order to carry out construction work, it is necessary to obtain the consent of neighbors for an extension, a sample of which can be seen below, it is better not to neglect the legislative norms. Before carrying out the planned construction work, it is necessary to clarify whether it is possible to legalize the changes without obtaining permission from the neighbors. If new extensions and redevelopments do not reduce the quality of life and recreation or disturb the peace of neighbors, obtaining consent to carry out construction work is often very simple.

The need to obtain a sample building permit from neighbors

Registration of the result of illegally carried out construction work is often carried out in court and requires significant material, time and psychological costs from the violator. By inquiring in a timely manner, for which construction work you need to obtain the consent of the neighbors, you can avoid unnecessary litigation.

Coordination of redevelopment

If in any room of the apartment it is planned to make changes in the design, it is worth remembering that this is a redevelopment. And in addition to obtaining the consent of the neighbors (if the transformations affect their interests), it will also be necessary in local governments.

Permission from neighbors is needed only for such construction work that may directly affect residents of nearby houses (apartments). This includes changes in the facade and load-bearing structures of an apartment building, any redevelopment in a communal apartment, construction work in common areas, construction of a house or building at a distance too close to a neighboring plot, and more. The result of the construction work performed must not offend the aesthetic, religious and other preferences of neighbors, as well as threaten their life, health and safety and contradict sanitary or fire safety standards. By signing a building permit, individuals confirm that the planned changes do not infringe their interests in any way. Thus, possible disputes and disagreements between neighbors are prevented and regulated at the legislative level.

In apartment buildings, redevelopments that require permission from neighbors include:

Dismantling of entrance doors to the apartment and installation of new ones.
Changes in the facade of the building, reorganization of the balcony.
The increase in the area of the apartment due to the common property of all residents.
Changing the location of window and door openings and more.

When building on your own separate site, you must obtain the consent of the neighbors if:

It is worth noting: if a privatized apartment with several co-owners is being reconstructed or a house is planned to be built on a plot with several owners, then consent to work must be obtained from all co-owners.

Drafting a document

Although a sample of the consent of neighbors to build a house and carry out other construction work is drawn up in free form, there are some common requirements that must be taken into account when drawing up a document:

Permission must be in writing and cannot be considered granted only with the oral consent of the neighbors.
Permission must be provided by the owners, and not tenants or residents of neighboring apartments (summer cottages).
The document is drawn up as any other application of an individual, with a “header” indicating who is the author of the permit and to whom it is addressed.
The document indicates the full name, passport details and home address of all neighbors and the initiator of the construction.
The permit must be signed by the owners of neighboring premises (plots).
The authorization must be dated the day it was drawn up or signed.

It is also appropriate to indicate in the document what changes will be made as a result of construction. When erecting a private house, its number of storeys and location, the cadastral number of the plot and some information about neighboring plots are indicated.

When building on a private plot or legalizing redevelopment, a plan of the site (apartment) in its current form and a project can be attached to the document, where it is indicated and sketched which plot (room) will be obtained as a result of construction.

Document execution

Permission from neighbors for redevelopment in an apartment can be obtained as a result of a positive decision at a general meeting of all homeowners (members of the THC) or after individual agreements with each apartment owner. It is allowed to draw up both a collective permit and separate individually executed consents of each owner. The document is considered valid and has legal force if it is signed by all necessary neighbors and all mandatory conditions are met during its execution.

Owners of their own land need to obtain a building permit only from those neighbors whose interests will be directly affected by the construction. In most cases, drafting and formalizing a neighbor's consent requires only a few minutes of conversation with the neighbors and following the instructions for drafting the document above. Additionally, the document requires certification by a notary.

We are ready to answer your questions - ask in the comments

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

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

In addition to the fine, the 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 the construction.

Legislative regulation

In Art. 222 of the Civil Code prescribes the basic norms of 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 without fail. If there are violations, the erected object will be considered an unauthorized construction.

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

Basic building codes

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

Additionally, it is important to determine the location of its location, since too close location of various buildings to the neighboring territory is not allowed.

To such norms applies to:

if a private residential building is being built, then it should be located near the border with a neighboring plot at a distance exceeding three meters;
when erecting any outbuilding, the distance between it and the neighboring site must be more than one meter;
if the construction of a toilet or sauna, a bathhouse or a compost pit is being implemented, 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 basement of the building, and only in its absence can the distance from the wall of the building be measured.

Often, structures have different ledges, which include a variety of canopies or bulging 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 neighboring plot, then this can be done in a legal way only if the owner of this land issues the appropriate written consent.

If this document is missing, then the neighbors may demand through the court the demolition of the new object.

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 communication elements common with neighbors, therefore, if as a result of these works it is necessary to turn off the water for a while, then the neighbors must agree with this;
the reconstruction of the building, which involves the performance of any noisy work, is also carried out with a permit, since the optimal living conditions of the neighbors are violated.

To obtain a building permit, the consent of the neighbors is certainly required, otherwise it may be difficult to complete the construction of the facility, and it is also often necessary 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 the neighbor's territory, one 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 an appropriate consent.

For his correct formation some rules apply:

it is allowed to use an arbitrary form for its compilation, 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 the neighbor sells his property to another person in the future, and the new owner does not agree with the construction of the facility next to his property;
it is imperative that the consent contains 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 immediate start of construction, this will lead to the fact that neighbors can file a lawsuit in court, so you will have to pay a fine or demolish an unfinished object.

What information needs to be provided

Consent can be drawn up according to different patterns, but it data must be entered:

It is desirable to build various objects on the territory compactly, even temporary structures. Outbuildings or sanitary buildings are erected near the house.

Construction of bathhouses or outbuildings

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

Before directly compiling this document, it is important determine exactly where to build, and it is also desirable to make a project. If new communications are laid to the bathhouse, then this should also be reported to the neighbors if this moment affects their plots.

Consequences of inconsistent construction

If you do not get the consent of the 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 negative consequences:

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

Legislative requirements for indentation from the border of neighboring plots during the construction of houses and outbuildings are discussed in the following video:

This issue is regulated, firstly, by the Civil Code of the Russian Federation, article 260 of which refers to the rights of a landowner.

Secondly, it 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 the intended purpose of the site and the permitted use.

The third 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 I need a permit to demolish an old house?

Do I need a permit to demolish a private house?

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

Thus, the law takes care of the preservation of historical buildings, architectural monuments and structures of protected areas. If a 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, homeowners. A neighbor whose house or barn adjoins the demolition object as a support will clearly not approve of such a decision.

During the event, it is possible to deprive surrounding neighbors of communications or damage their sites, which will also become reasons for them not to negotiate on this case.

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

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

Demolition permit for a private house - where to apply

Where can I apply for a demolition permit?

It is possible to obtain permission to demolish a house in the case when there is a right of ownership.

It is necessary to apply to the administrative body of the municipality at the location of the object - the city, town, village, and the 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 the same area is built on the site of the demolished building. By the way, permission is not needed in this situation.

According to the Town Planning Code, during the construction, reconstruction, dismantling, repair of individual housing construction objects, which include houses that stand separately and have no more than 3 floors with no more than one family living, it is not necessary to generate project documentation, as well as state expertise on such structures are not carried out.

Documents required for obtaining a permit

An application for obtaining a permit is submitted to the local government body, to which are attached:

identity documents;
documents on the ownership of real estate;
documents on the ownership of the land;
land plan.

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

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

Territory preparation - installation of fences to ensure the safety of neighboring areas.
Disable communications.
Site cleanup after demolition.
Removal of construction debris and its full utilization.

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 and leaving the foundation on which a new one will be built, a permit is not needed, since the process can be framed as “house reconstruction” or “major repairs” - if the area of \u200b\u200bthe property remains unchanged. But even if the area is increased or decreased, the BTI and the state register will take into account the changes that have occurred in a notification manner.

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

After demolition, you should contact the technical inventory authorities, whose specialists will draw up an act of inspection of the structure. Justifying this act, the employees of the bureau cancel the record of the house. Then it is necessary to submit an application to the Rosreestr for making a new entry on the termination of the existence of the house. Attached are:

technical passport (with a canceled record of the house);
a document confirming the actual existence of the house (the act of commissioning, 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 right of ownership is not registered for it, 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 body and the state register.

Expenses

Demolition costs a lot.

Firstly, if it is difficult to dismantle the house on your own, 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 dismantled 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, terms and order of work, and will draw up an estimate, which is recommended to be carefully studied in order to avoid excessive costs.

The second column of expenses is garbage collection and waste disposal. If it is not possible to do this yourself, then you will have to re-hire specialists, whose prices, as a rule, depend on the number of machines used to load garbage.

conclusions

Demolition of a house is a laborious and responsible process, which should be approached consistently and competently. It is necessary to comply with legal rules and security measures, coordinate work with neighbors, city services, be sure to notify the accounting authorities.

If you perform 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 the demolition of private houses from the video:

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11 Jan 2017 495

Discussion: 7 comments

Often, home repairs result in a tidy sum, and they have also thought more than once about building a new house. I didn't even know you needed a permit to demolish your house. The essence of the law as a whole is clear and indeed everything must be executed.

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Anna, then don't put it off. Now, while winter is not the season, practically all companies have good discounts for house demolition. If from St. Petersburg, then contact dom-snos.ru

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Hello, tell me how to get out of this situation. She demolished the old house, built a new one on this site, the cadastral engineer made documentation, assigned a new cadastral number, the house number was not indicated, filed an application with the MFC, they refused the house number, because. it has a registered past home. Where to apply that the old house has been demolished and what to do in this case?

Hello. We had a house with a plot of land in our village, 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 put up. .how should we be and where to turn, because they illegally demolished the house and use the site?

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Hello. Bought with a neighbor a house with a plot of 20 acres. The plot was documented divided in half, but the house was not. The house stands in the middle, old already. That's what they thought of tearing it down. In the future, we want to build a duplex on this site. Can someone tell me how best to proceed, so that the troubles are smaller and cheaper in terms of money. Do I need to issue a permit for dismantling, then connect the gas and light, get the address. Maybe it's better to document the house before demolition and arrange the reconstruction? What if we go beyond? Is there a penalty for demolition without a permit?

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