Demolition permit. Permission to dismantle your building. When is a house demolition permit necessary?

It is believed that demolition of buildings is a necessary, important and sometimes quite costly part of almost any construction process. Issues related to construction activities in Russia are regulated by the Civil Code of the Russian Federation, the Civil Code of the Russian Federation, Federal Law of November 17, 1995 N 169-FZ "On Architectural Activity in the Russian Federation", as well as other regulatory legal acts, including acts adopted on regional and local levels in accordance with federal law.

According to the current legislation, construction and reconstruction in the Russian Federation is carried out on the basis of a building permit. A building permit is a document confirming the compliance of the project documentation with the requirements of the urban 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 major repairs, except as otherwise provided by law (Article 51 of the Civil Code of the Russian Federation). This document is a legal basis for construction and some other types of construction activities. Construction without a properly issued permit can have negative consequences - first of all, the construction can be recognized as unauthorized (unauthorized construction and its consequences will be discussed later).

A building permit is issued by local government bodies (with the exception of certain cases established by the Civil Code of the Russian Federation) at the location of the land plot. For the purpose of construction, reconstruction, repair of a capital construction object, the developer applies to the authorized bodies with an application for a building permit. To this application, the developer, in addition to such documents as documents of title to the land plot, the town-planning plan of the plot, positive conclusions of the state and state ecological expertise, also encloses the materials contained in the project documentation, among which a project for organizing work on the demolition or dismantling of capital construction objects is required. , their parts. - demolition of country houses and summer cottages.

In addition, the Civil Code of the Russian Federation has secured the possibility of issuing permits for certain stages of construction and reconstruction. The construction phase is usually understood as a wide range of works, including those related to the demolition of buildings and structures on the site intended for the construction of a new facility.

Based on the Civil Code of the Russian Federation in the constituent entities of the Russian Federation and municipalities, various normative legal acts were developed and approved that determine the procedure for preparing documents for issuing permits for the demolition or dismantling of capital construction projects on the territory of the respective municipalities. Despite the wide variety of such acts, after their systematization, defining points can be identified regarding the basic rules for issuing permits for demolition.

So, a separate stage of construction is the production of work on the demolition or dismantling of capital construction objects for:

  • release of a land plot for new construction;
  • liquidation of facilities that have lost their technological need or have come into a dilapidated state;
  • elimination of engineering networks and communications.

As a rule, the preparation and issuance of permits for the demolition or dismantling of objects is entrusted to the relevant department of the local administration (for example, the department of architecture and urban planning, the department of architecture and municipal services, etc.).

Preparation of documents for issuing a permit is carried out on the basis of an application from the owner of the facility, which is submitted to the head of administration. In this case, the applicant must provide the following documents:

  • documents of title to the land plot;
  • title documents for the demolished or dismantled object;
  • protocols of the commission (determined by the owner) for the demolition or dismantling of objects that have lost technological necessity or have come into a dilapidated state; - demolition of country houses and summer cottages
  • a project of organizing demolition or dismantling works with an indication of the fencing of storage areas, etc.

In some cases, any additional documents may be required, for example, the conclusion of the relevant department (or committee) of the administration on changing or maintaining the status of the land plot or its parameters. The administration notifies the applicant about the results of consideration of the accepted documents, as a rule, within thirty days. The completion of the demolition or dismantling is confirmed by the documents of the technical inventory service and an act of inspection of the results of the demolition or dismantling of the object, drawn up by the owner of the object (signed by representatives of the fire supervision, engineering services, the chief architect, etc.). In addition, such acts briefly indicate the demolition of objects on the sites of individual housing construction.

The demolition of residential buildings and outbuildings on individual development plots is carried out by the owner at his own discretion. The basis for registering the demolition of such structures is the documents of the technical inventory service.

According to Art. 48 of the Civil Code of the Russian Federation, the section "Project for organizing work on the demolition or dismantling of capital construction objects and their parts (if necessary, demolition or dismantling of capital construction objects, their parts for construction, reconstruction of other capital construction objects)" ...

Pursuant to the provisions of Art. 48 Civil Code of the Russian Federation Decree of the Government of the Russian Federation of February 16, 2008 N 87 "On the composition of sections of project documentation and requirements for their content" approved the Regulation on the composition of sections of project documentation and requirements for their content. According to this Regulation, the design documentation for capital construction facilities for production and non-production purposes should consist of twelve sections, the requirements for the content of which are established by the specified Regulation. Section II provides a list of documents required for the preparation of project documentation for a capital construction object, among which the following documents are also indicated: acts (decisions) of the owner of a building (structure, structure) on decommissioning and liquidation of a capital construction object - if necessary, demolition ( dismantling); the decision of the local government body on the recognition of a residential building as emergency and subject to demolition - if necessary, demolition of a residential building.

Section 7 of the project documentation "Project for organizing work on the demolition or dismantling of capital construction objects" is carried out if it is necessary to demolish (dismantle) an object or part of a capital construction object. Clause 24 of the said Regulation defines the list of information that this section should contain. So, among the specified information, for example, the following are named:

  • the basis for the development of a project for organizing work on the demolition or dismantling of buildings, structures and structures of capital construction objects;
  • a list of buildings, structures and structures of capital construction objects to be demolished (dismantled);
  • a list of measures for the decommissioning of buildings, structures and structures of capital construction objects;
  • a list of measures to ensure the protection of the liquidated buildings, structures and structures of capital construction objects from the penetration of people and animals into the danger zone and into the object, as well as the protection of green spaces;
  • description and justification of the accepted method of demolition (dismantling), etc.

In addition, the design documentation in the graphical part should also contain:

  • a plan of the land plot and adjacent territories indicating the location of the demolished object, engineering and technical support networks, collapse zones and hazardous zones during the demolition (dismantling) of the object, indicating the storage locations of the dismantled materials, structures, products and equipment;
  • drawings of protective devices for engineering infrastructure and underground communications;
  • flow charts-diagrams of the sequence of demolition (dismantling) of building structures and equipment.

It should be noted that in accordance with the Decree of the Government of the Russian Federation of March 5, 2007 N 145 "On the procedure for organizing and conducting state examination of project documentation and the results of engineering surveys" the absence in the project documentation of the sections provided for in Art. 48 of the Civil Code of the Russian Federation, or non-compliance of the sections of the project documentation with the requirements for the content of the sections of the project documentation, are grounds for refusing to accept the project documentation and (or) the results of engineering surveys submitted for state expertise.

Design documentation is approved by the developer or customer. If the project documentation is subject to a mandatory state examination, it is approved by the developer or the customer only if there is a positive expert opinion (Article 48 of the Civil Code of the Russian Federation) .- demolition of country houses and summer cottages

In order to make it easier in the future to consider the relationship of persons, one way or another associated with the problems of demolition of buildings, you first need to get acquainted with the main participants in the construction process.

According to the legislation governing investment activities in the Russian Federation, the subjects of investment activities are:

  • investors;
  • customers;
  • contractors;
  • users of capital investment objects;
  • other persons (Federal Law of February 25, 1999 N 39-FZ "On investment activities in the Russian Federation, carried out in the form of capital investments").

Often, in practice, one organization combines the functions of several participants in the construction process: an investor, a customer (developer) or a contractor. Relations between the subjects of investment activity are carried out, as a rule, on the basis of agreements (or government contracts) concluded in accordance with the legislation of the Russian Federation.

Investors make capital investments in the territory of the Russian Federation using their own and (or) borrowed funds in accordance with the legislation of the Russian Federation. They can be individuals and legal entities created on the basis of an agreement on joint activities and not having the status of a legal entity of an association of legal entities, state bodies, local governments, as well as foreign business entities (foreign investors).

Placing orders for contract construction work for state needs at the expense of the federal budget and funds of the budgets of the constituent entities of the Russian Federation during the implementation of investment projects is carried out by state customers through tenders in accordance with the legislation of the Russian Federation. Local self-government bodies provide the necessary conditions for the development, approval and financing of investment projects carried out by municipalities at the expense of local budgets allocated on a competitive basis. The costs of financing investment activities carried out in the form of capital investments by local governments are provided by local budgets.

As for the customer, the following should be noted. In various regulations (and, accordingly, in the literature), the terms "customer", "developer" or "customer-developer" are used.

The customer-developer directly implements the investment project, ensures the construction process. The investor usually attracts as a customer-developer any specialized organization, as a rule, which has been successfully working in this segment of the economy for a long time, and has specialists with the necessary knowledge, skills and qualifications.

Customers-developers who are not investors at the same time are endowed with the rights of ownership, use and disposal of capital investments for the period and within the powers that are determined by the capital construction agreement or government contract. The customer bears the responsibility established by the current legislation and (or) the contract before the investor for the intended use of his funds.

When preparing for construction, the customer performs many functions, including the necessary actions for the development of the territory and the allotment of the land plot. In this case, the customer:

  • prepares documents for felling and replanting trees, fruit and berry plantations, demolition of buildings, cleaning the territory from objects that interfere with the construction; - demolition of country houses and summer cottages
  • negotiates with the owners of buildings, structures, structures and agricultural land on the issue of demolition of objects;
  • ensures the relocation of citizens from houses subject to demolition;
  • calculates the residual value of the demolished buildings, structures, structures or receives a certificate of the residual value of the demolished buildings from their owners;
  • reimburses citizens and legal entities for the cost of withdrawn buildings, land plots, plantings, etc., provided for by the current legislation of the Russian Federation - demolition of country houses and summer cottages

The customer determines the costs of preparation and development of the construction site.

Costs include, among others:

  • payment of compensation for demolished buildings and orchard plantings;
  • payment for land upon withdrawal (redemption) of a land plot for construction, as well as for payment of land tax (or rent) during the construction period;
  • payment of compensation for agricultural work performed on the withdrawn land plot (sowing, etc.).

To determine the amount of material damage in connection with the demolition (transfer) of buildings, structures, structures and the destruction or damage of plantings, a certain act is drawn up. This act (form No. KS-10, approved by the Decree of the Russian Statistical Agency of November 11, 1999 No. 100 "On the approval of unified forms of primary accounting documentation for accounting for work in capital construction and repair and construction work") is drawn up by a commission, which should include the owner (owner) of a building, structure, structure, plantation to be demolished, or his representative, a representative of a customer (developer) of a newly constructed facility, a representative of a technical inventory bureau. If necessary, the commission may include representatives of other interested organizations.

Let us now turn to the issue of reconstruction of buildings, structures, structures. Quite often, in practice, reconstruction is understood precisely as the demolition of an existing real estate object and the construction of a new object in its place. This approach is incorrect and contradicts the norms of the current legislation of the Russian Federation.

According to Art. 1 of the Civil Code of the Russian Federation, construction means the creation of buildings, structures, structures (including at the site of the demolished capital construction projects). The Civil Code of the Russian Federation also defines the concept of reconstruction, which is understood as a change in the parameters of capital construction objects, their parts (height, number of floors, area, indicators of production capacity, volume) and the quality of engineering and technical support. Analysis of these concepts, their comparison allows us to conclude that reconstruction, that is, changing a capital construction object, does not require the demolition of this object. Therefore, if during the reconstruction, demolition is carried out, then it indicates new construction, but not in any way about reconstruction in the understanding given by the Civil Code of the Russian Federation. In addition, in this case, the question of acquiring ownership of a newly erected real estate object invariably arises (although such a situation can be created deliberately, most often in the interests of the investor). By virtue of Art. 235 of the Civil Code of the Russian Federation from the moment of demolition (destruction) of the real estate object, the ownership right to it is terminated. Therefore, if the investor (customer) initially executed the documentation for the reconstruction of the real estate object (with the possible solution of issues with the owners, tenants, tenants, etc.), and as a result, the demolition of the object was carried out, then later on at the stage of paperwork and registration of the right to the erected object, an interested person (investor, customer) may have problems that, most likely, will have to be resolved in court.

There are situations when a person, having just started reconstruction, discovers that this object, due to its technical condition, is not subject to reconstruction (for example, before starting work, a complete survey of the object was not carried out, an error in calculations, etc.). The correct behavior of the person in this case will be the complete cessation of work on the reconstruction of the object. If the object also poses a danger to others, for example, threatens to collapse, it is necessary to take measures aimed at ensuring safety (install barriers, put up security, etc.). The further fate of the object is decided by the owner or the relevant authorized body. If a decision on demolition is made, they begin to prepare the necessary documents for obtaining a demolition permit.

Consider the issue of the seizure of land plots for state or municipal needs. The legislation allows for the alienation of real estate in connection with the seizure of a land plot.

The current Russian legislation establishes the procedure for the seizure of a land plot for state or municipal needs from the owner. According to Art. 49 of the RF Labor Code, seizure, including through redemption, of land plots for state and municipal needs can be carried out in the following cases:

  • fulfillment of international obligations of the Russian Federation;
  • placement of objects of state or municipal importance in the absence of other options for their possible placement;
  • in the presence of other circumstances in accordance with federal laws, and in relation to the seizure, including through redemption, of land plots owned by the constituent entities of the Russian Federation or municipal property, in accordance with the laws of the constituent entities of the Russian Federation (for example, seizure from owners, land users, landowners land plots occupied by natural complexes and objects declared natural monuments).

The beginning of preparations for the liquidation of structures, whether it be industrial facilities, high-rise high-rise buildings or small outbuildings, is characterized by special attention to the issues of drawing up dismantling documentation. It may be required when participating in regional improvement programs, providing services to industrial, communal or public organizations, as well as individuals. Documentary support of dismantling works is also necessary at the subsequent production stage, including the movement of waste and landscaping, up to the transfer of the object to the customer.

A huge number of developed and approved official papers requires considerable labor. For example, just to obtain an OATI (Association of Administrative and Technical Inspections) permit order, a set of 29 established mandatory items should be assembled. And for the preparation of ERP and PPR, you need to know and be able to apply order 14 of the regulatory legal act. In addition, based on the individual characteristics of the structure being dismantled, other documents may be required.

Considering the obvious complexity of the problem under consideration, for its solution you will certainly be interested in the corresponding services we provide. The team of "Profdemontazh", carrying out the dismantling of turnkey facilities, can fully undertake the development, order, coordination and approval in official instances of both the packages of documents for dismantling and the receipt of individual certificates. Thus, we completely relieve our clients of paperwork, while in most cases the presence of the customer is not necessary.

Dismantling documents

The right to start work on the elimination of buildings of any complexity is given by an order issued by the specialists of OATI in Moscow. Before obtaining permission, preparing the package documents for dismantling... It is made up of basic as well as additional official papers.

The main package.

References, certificates, regulations:

  • certificates confirming the rights of ownership, possession, management of the object to be demolished, as well as the land plot for the location of the object (including the cadastral certificate and technical passport). These can be originals and notarized copies of documents;
  • a certificate on the attitude to the cultural heritage of the building being dismantled. Many historical and architectural monuments are concentrated in Moscow and its region. Therefore, it is obligatory to obtain an opinion from the Moscow City Heritage specialists on this issue;
  • original or copy of the customer's account card;
  • an order of the owner of the object on the demolition or a collective decision of the owners;
  • a report on the technical condition of the building or its copy certified by the customer's signature. In the future, the document will help draw up an estimate of the upcoming work. You will also have to attract photographers who will take high-quality photos of the object inside and out. To come to a full understanding of the volume of upcoming events, you will need at least 4 photographs;
  • technical regulations for handling waste after demolition. Its registration is carried out in the construction department;
  • TOR of the customer for the development, coordination and approval of design and estimate documentation for the demolition of the structure with an exact indication of the objects intended for demolition.

Plans:

  • floor, explication, extracts from the technical passport and cadastre, technical inventory documentation issued by specialists from the relevant official authorities. In addition, they are issued by private specialists. You will need both originals and copies certified by a notary or the signature of the owner;
  • topographic plan of the area made in AutoCAD. It is ordered from the Mosgorgeotrest specialists, provided in digital form and is valid for 36 months;
  • the situational plan of the territory approved by the customer;
  • construction site demolition plan, approved by the owners of utilities, issued by Mosgorgeotrest. The original or a copy is certified by the customer;
  • the plan for the movement of ground transport approved by the Department of Transport of the municipality for the entire period of dismantling works.

Projects and contracts:

  • a list of conservation and natural measures for the period of demolition as part of the dendrology project for a five-meter zone around the site of the work being carried out;
  • contract with utilities for the connection of engineering systems, certificate of disconnection of engineering networks, technical specifications of suppliers of engineering support, working projects for disconnection based on technical specifications;
  • a contract between the owner of the facility and the executor of the assignment, if a third party is involved in demolition work;
  • an agreement with the landfill management company and the contractor. This is an important part of environmental protection measures, since a large amount of waste is generated during dismantling work. Also attached are the permits of the relevant authorities for the removal of construction waste;
  • an original or a notarized copy of the dismantling organization project (AML) ororganization of work (ERP).These organizational designs provide for the requirements for the safe performance of demolition (dismantling) for workers, the public, adjacent infrastructure and the environment. They are developed taking into account the planned methods for the implementation of production targets and prescribe their general order.

The ERP documentation for building dismantling completes the preparatory phase. Its content is provided for by the governing document - MDS 12-64.2013. Already on the basis of the ERP, a work production project (PPR) is developed. It establishes technological processes, means and safe methods for the disposal of objects. If a complex structure is dismantled, then the working documentation can be supplemented with technological maps for individual critical production operations.

In addition, the main package of documents also includes a contractor's registration card, SRO admission, a power of attorney from the owner of the demolished building (customer), as well as some other official papers.

Additional documentation

In the process of developing a design estimatedismantling documentationoften, the list of certificates, conclusions, examinations, etc., necessary for obtaining and approving certificates, is updated. This applies to all types of dismantling works performed by the company "Profdemontazh", for example:

  1. Demolition of residential buildings deemed unfit for habitation or dismantling of old foundations. The initiators of the demolition are officials acting in the framework of the implementation of social programs for the development of housing stock, as well as private individuals. If we are talking about the liquidation of the property of the municipality, you need a decision (order) of the government, agreed in the Department of Property and the prefecture. If construction work is planned at the demolition site, then a town planning plan for the land plot will be required. According to the decree of the Moscow government, for the demolition of objects located in the Central Administrative District, an additional protocol of the decision of the Moscow City Heritage Commission will be required.
  2. Dismantling of metal structures, where accuracy in the actions of the contractor is especially important, since many metal elements are often recyclable. Either the demolition of industrial buildings, which often occurs in an existing production environment, or the work is complicated by the proximity of neighboring buildings. In such cases, a contract with the organization providing the technical customer's control functions may be required. The document is supplemented with copies of the SRO admission, as well as the Registration card of this engineering company.

Additional official papers will also be required in the following cases:

  • dismantling of illegal buildings, which is carried out by a court decision. The specialists of our company will have to make a request to the courts in order to receive originals or copies of their decision. They are notarized or certified by the customer's representative;
  • if we are talking about the object of protection of the FSO of the Russian Federation. It will be necessary to agree on the demolition work in the FSO;
  • elimination of structures financed from the state budget. It is resolved after receiving the conclusion of the relevant expertise;
  • prevention of illegal felling of trees located in the demolition zone. We can also help you get a transfer permit or a felling ticket.

Why should you choose "Professional demontage"?

You can start cooperation with us in any way convenient for you, for example, remotely, by filling out a special form of preliminary technical specification on our website. Finding out the exact cost of dismantling work will allow a comprehensive survey of the object. In the future, our specialists will draw up design and other official documentation without the participation of the customer. Dismantling works will be carried out in accordance with the requirements of the TOR and the established contractual terms. Then the object is prepared for commissioning - the production area is put in order, and the construction waste is removed to the place of processing or to a landfill.

Thanks to the professionalism of our employees, as well as the presence of our own fleet of special equipment, we are able to solve even the most ambitious tasks of demolishing buildings and other building structures. Our organizational and documentary support also contributes to the quality and speed of production processes. And since collecting all of the abovedocumentation -an occupation that takes a lot of effort and money, then those who turn to the "Profdemontazh" company will win, ordering the service of demolition or dismantling of turnkey structures.

The demolition of a building is classified as a manifestation of construction activities, for the implementation of which official permits from the local government and the architectural office are required. The owners of land plots have a need to destroy buildings, while it is necessary to take into account the financial costs of building materials and the reconstruction of an old house. The construction of a newly-made structure is a completely different matter. In this section, we will look at the steps in the procedure for obtaining permission to demolish a private house.

When is a house demolition permit necessary?

The legal sphere provides for the safety of the interests of the owner of the building and public structures, citizens for whom the existence of the house is significant. There are cases when the destruction of a residential building threatens the functionality of the communication line of the entire settlement or an adjacent land plot. A house demolition permit allows you to eliminate any disagreements between the co-owners and obtain an official certificate for the work.

Important! The legislation took care of the integrity of the cultural heritage and the inviolability of the structures of the protected areas. If the house is a historic building, the work will be refused.

Who issues the permit

The term “demolition” does not appear anywhere in the current legislation, it has been replaced by more precise words such as “dismantling” and “reconstruction”. Issues related to construction work are regulated by the provisions of the Civil and Urban Planning Code, Federal Law. Obtaining a permit is available only to the owner who officially registered the ownership of the building. You can get permission from the administrative authorities at the location of the object and the city planning department.

Main regulatory framework:

  1. SP 325.1325800.2017 Buildings and structures. Rules for the production of work during dismantling and disposal.
  2. Federal Law "Technical Regulations on the Safety of Buildings and Structures" dated 30.12.2009 N 384-FZ.
  3. Civil Code of the Russian Federation of 30.11.1994 N 51-FZ
  4. Federal Law "Technical regulations on the safety of buildings and structures" dated 30.12.2009 No. 384.

When you don't need permission

If you intend to demolish a dilapidated building and build a new house on this site, then you do not have to go to local government departments and take a permit. It is enough to call a specialist from the bureau of technical inventory, who will issue a certificate of the absence of the old building on the site and carry out the registration of a new one. An employee of the bureau of technical inventory must approve this procedure as "reconstruction of real estate", since the destruction of the foundation is not envisaged. On the former basis, the construction of a new structure has already been planned. Then, the owner of the new building must appear at the State Registration Service Office with an application for registering the dwelling place on the cadastral register.

Important! In a situation where the property is not located in the base of the technical inventory bureau, and the title to it is not registered, the repair work is carried out without legislative fixation.

The Urban Planning Code states that obtaining consent and conducting an examination is impractical if the demolition concerns individual construction. The characteristics of buildings of such a plan include:

  • separate location;
  • the presence of less than three floors;
  • residence of no more than one unit of society.

Demolition documents for a private house

When filling out an application, you must present an application addressed to the head of the local administration for the reconstruction, as well as attach a number of documents:

  • a document confirming the identity of the applicant;
  • documents of ownership of the site and structure;
  • papers confirming the certificate of inspection of the house;
  • demolition project;
  • projection of the land plot.

If the building to be demolished consists of more than three floors and is designed for several families, you also attach to your application:

  • agreement with all owners and a plan for their resettlement;
  • design documentation together with technical.

According to part 15 of article 51 of the Town Planning Code of the Russian Federation, obtaining a permit for construction and dismantling work is carried out without paying state duty.

Safety regulations and town planning regulations

Getting permission is not the last resort. It is much more important to show vigilance and caution directly during the dismantling itself. In carrying out our plans, the following principles of action must be taken into account:

  • disable all communications;
  • prepare the territory on which the demolition object is located, so as to protect the neighboring areas.
  • carry out cleaning work on your own site after reconstruction;
  • transport construction material and dispose of it properly.

Important! Often a part of the territory on which a building is built is fenced off.

Before demolishing a building, you should familiarize yourself with the sanitary, hygienic, environmental and fire regulations.

The financial side of the issue

Few people will be surprised by the fact that dismantling is not cheap construction work. It is difficult to cope with the demolition on their own, so many turn to the services of architectural organizations. After all, if the roof of a dilapidated building can still be disassembled independently, without having the professional knowledge of a builder, then the destruction of the foundation requires expensive equipment. Narrowly focused equipment can be rented, but you cannot do without specialists from construction firms.

Engineers of the organizations will develop a project, taking into account protective fences and disconnection of communication lines. They will indicate the time, work carried out, and cash costs.

Without a third-party specialist, it is impossible to resolve the issue of garbage removal from a private site.

Output

Dismantling a residential building is one of the most important jobs from a legal point of view. The demolition of a private house, carried out without the permission of the relevant authority, will lead to undesirable consequences. During the implementation of the work, you can damage the power grid and communication branch. This is fraught with the refusal of the municipal authorities to build a fresh and sustainable home on their own plot. If you want your new home not to be recognized as an amateur, you need to quickly issue a permit for reconstruction.

It is interesting! As noted above, in order to legalize the construction procedure, you need to provide the administrative body of the municipality with the documents that are needed to issue a consent. After the destruction of the building, you need to record the fact of liquidation of the building and bring the state of the former ownership to invalid.

Obtaining permission to demolish a house is a work on the part of the state with persons for whom dismantling may have a negative impact. But if you carry out the reconstruction carefully, gradually following the points indicated in this article, the interests of each of the parties will not be violated.

MOSCOW AND MOSCOW REGION:

SAINT PETERSBURG AND LENIGRAD REGION:

REGIONS, FEDERAL NUMBER:

Permit to demolish a house on your own plot

Owners of old houses are often faced with such a situation that it becomes difficult to maintain them in good condition. Cracks appear in the walls, the roof leaks, problems arise, and so on. It takes effort, time and money to complete the repair. For many, it is easier to demolish an old house than to renovate and maintain it. However, you can't just demolish the old building and build a new one. First you need to obtain permission to demolish the house on your own site.

Legislation

Demolition of a building is included in the list of construction and installation works for which. Therefore, if such work is necessary, you need to find out who gives permission for the demolition of a private house?

Firstly, this issue is regulated by the Civil Code of Russia. So in article 260, the rights of the owner are given during the demolition of a house. Secondly, article 40 of the Land Code states that every legal owner of land has the right to build on it in accordance with the use permit and the intended purpose of the site. In the third, the Urban Planning Code of the Russian Federation acts as a normative legal act. It outlines the rules, regulations and procedures for obtaining building and demolition permits.

A permit for the demolition of a capital construction object will be required from an architectural office or local government in accordance with the current regulations in the indicated authorities. You will need to write an application for dismantling and subsequent post-utilization of the building. In addition, identity documents will be required, as well as proof of ownership of the specified private property.

What is permission required for?

The legal specificity of our country, despite the freedom of private property, provides for the protection of the rights of real estate owners, public goods, as well as the interests of persons for whom the future demolition of a building may turn into embarrassment and inconvenience. Therefore, the legislator cannot allow anarchy and willfulness in any case. So, according to the law, it will be extremely difficult to obtain permission for the demolition of buildings of protected areas, architectural monuments and historical buildings.

Permission will also be needed to take into account the interests of persons who may not agree with the destruction of the building, as this may infringe on their rights. For example, a neighbor whose shed or house adjoins the demolition object as a support will not like this solution. When carrying out demolition, it is possible to deprive the damage of neighbors' plots or communications.

Registration of permission

Demolition permission can only be obtained if ownership is in place. To do this, you will need to contact the administrative body of the municipality - a village, a township, a city and an architectural office. There is no concept of “demolition” in the legislation; instead, the term “reconstruction” or “dismantling” is used.

The local government will need to apply for a permit. You will also need to attach a list of documents to it:

1. identity documents;

2. documents of ownership of ownership;

3. documents on the ownership of real estate;

4. plan of the land plot.

If the house has more than 3 floors or is intended for several families, then other documents will also be needed:

1. project documentation with a number of technical papers;

2. coordination with other tenants, including the procedure for their resettlement.
Then, having received permission, the owner can begin the direct demolition of the house. When performing work, it will be necessary to strictly observe safety measures and town planning regulations. This applies to the following steps:

1.preparation of the territory, in particular the installation of fences to ensure safety for neighboring areas;

2. disconnection of communications;

3. cleaning the site after demolition;

4. garbage disposal, as well as its full disposal.


Nuances

The demolition procedure will largely depend on the nature of the proposed work. For example, when demolishing a building leaving the foundation for the construction of a new house, you may not receive a permit. Such a process can be formalized as "major overhaul" or "house reconstruction", but only if the area of \u200b\u200bthe property remains unchanged.

But even in the case of a decrease or increase in the area, the changes that have occurred can be reported to the state register and the BTI authorities in a notification manner.

Disconnection of communications must be coordinated with the relevant utilities.

Demolition of a house is a responsible and time-consuming process, so it must be approached competently and consistently. It is necessary to comply with security measures and legal rules, notify accounting authorities, coordinate work with city services and neighbors.

gastroguru 2017