"Unauthorised building"

The problem of state registration of rights to objects of individual housing construction, as well as other properties, erected without a building permit repeatedly highlighted. According to the Town Planning Code of the Russian Federation (Article 51) establishes the requirement for the developer to obtain a building permit, including an individual house, and regardless of whether the acts so-called "dacha amnesty" or not. This means that before you begin to build a house, you should contact the authority in order to obtain a building permit. As practice shows, the applicants applying for state registration of individual houses, arise with problem: in the course of legal examination of the documents submitted by the state registrar revealed that the construction of the property by the applicant did not have the permission. In this case, absence of the permission is the one of the criteria for classifying the specified object to the category "unauthorized construction".

Article 222 of the Civil Code of the Russian Federation currently in force wording relates to the unauthorized construction of a dwelling house, other building, structure or other real estate, created on land not designated for these purposes in accordance with the law and other legal acts, or created without obtaining the necessary permits or material breach of town planning and building regulations. However, recently it was announced that from September 1, 2015 a legal regime "unauthorized construction" has changed significantly.

In the new version of Article 222 of the Civil Code of the Russian Federation unauthorized construction will be referred to a building, structure or other structure erected by on land provided not in the prescribed manner, or on the land, permitted use which does not allow for the construction of the object on it, or erected by without obtaining the necessary permits or in violation of the town planning and building regulations.

The new wording of this provision of the legislation is not much different from the old one. However, the legislator has nevertheless tightened the requirements for developers to capital construction projects: a plot of land on which to create, or an object is created, the developer must be provided in due course. At the same time, we recall that the procedure for allocation of land plots is regulated by the Land Code of the Russian Federation. In addition, the land must be used for the construction of such property and in accordance with the established special purpose for him. Another important addition in the article of the Civil Code of the Russian Federation: from September 1, 2015, issue of demolition of unauthorized construction can solve not only the judicial authority, but in certain cases the local authority. Paragraph 4 of Article 222 of the Civil Code defines the conditions and the procedure for making a decision on the demolition of unauthorized construction by local government.

      So, we recommend that the following conditions:

1) register the right to land in the prescribed manner;

2) the land on which it is planned construction of real estate must have the appropriate permissions to use (for example, for the construction of individual houses permitted use of land should be "individual housing construction" or "ancillary services" if the site is located within the boundaries of the village );

3) prior to construction is necessary to obtain a building permit;

4) construction of the facility must be in compliance with the established town planning regulations, and sanitary, fire regulations.

      Subject to these conditions, you can be sure that when applying for state registration of ownership of the property built in the state registrar will not have any doubts about the legality of the construction.