How to build a private house with your own hands. How to build a house inexpensively
The project declaration for the construction of an apartment building includes a huge amount of various information, the analysis of which can give a potential interest holder an understanding of the reliability of the developer and the approximate appearance of the future home. Read this article about what data is included in the project declaration and how to determine whether to trust a particular borrower.
Treaty equity participation in the construction of an apartment building - the main document regulating the relationship of the parties when buying housing in objects under construction. Registration of relations on the basis of any other document can seriously complicate the life of the equity holder in the future. However, having an equity participation agreement, one should also not lose sight of some of the nuances that are described in this article.
Construction apartment buildings
Any construction company is worthy of respect if it is engaged in the construction of individual or multi-apartment buildings, which in the future will be transformed into a huge housing complex of many multi-storey buildings. But after all, not everyone can turn such an idea into reality. The situation is not only in the high cost of the project, but also in the difficulties of obtaining consent from the district authorities for the construction of apartment buildings.
In order not to plunge into complex terminology, but to speak in a simple language, the definition will be as follows. Multi-storey building- this is a structure in the middle of which private traders or legal entities the right to own rooms, apartments or commercial areas is given. In such a building, there can be from two or more apartments at the same time. In addition, each of them has its own personal exit to the courtyard or to common rooms, for example, to the landing or to the corridor.
In addition to apartments or rooms, non-residential retail premises can be located in this building (most often on the 1st floor). Such areas are used as shops, business offices, reception areas. And also in a multi-storey building there are rooms for common use of stairs and corridors, balconies and loggias, elevators and landings.
erection apartment building can be divided into several stages. These stages imply compliance with the performance of work in a quality and professional manner, because a high-rise building is a very complex structure, the main criterion of which is to ensure security measures for residents. Also an important factor will be the creation of comfortable conditions for housing and the supply of all necessary utilities.
Selection of land area for development
The initial stage in the construction of this structure will be the selection of land for construction. The selection of the site is carried out according to the plan for the formation of the city building.
The easiest way would be to get a land area within the city, where there is a small number of houses and the construction of additional residential buildings is planned. What can not be said about the city center, the main multi-storey buildings are located quite densely there.
When building multi-storey buildings, it is important:
- First, you need to take into account the availability of telephone wires for connecting to the Internet and TV. Indeed, today a modern person cannot imagine life without such revolutionary technologies. The closer the required communications are, the less initial cost for one square meter.
- Secondly, urban infrastructure plays a significant role in human life. It should be remembered that the proximity of bus and trolleybus stops, metro stations and supermarkets significantly increases the cost of future apartments.
However, this is not all. Every city has its own urban plan, according to which construction is carried out in the next few years. It turns out that it is much easier to get the right to build residential apartment buildings in the area where construction will be provided in a certain number of years. And it will be even easier for those construction companies that carry out the state special order.
In order to avoid cooling and freezing of the outer walls of the apartment, experts recommend sheathing them with insulation.
After you have obtained a building permit for the selected site, you can proceed to the next stage of construction of a multi-storey building. Such a stage will be a geological survey and topographic survey of the land area. At this stage, the following is determined:
- proximity to groundwater
- general soil condition
- climatic conditions
- important features of the terrain
Based on the data of geological studies, it is concluded which technologies and materials to use for construction.
At the design stage, a design plan is carried out high-rise building, as well as the adjacent area and interior rooms, in particular the layout of the apartments. Design is the most important step before building an apartment building.
The goal of the designers will not be easy to develop the design of the building and the local area. It is important that the exterior interior blends into the urban landscape. It will be extremely unpleasant for the residents of the house if the walls of the new building are visible outside their window. It is necessary to follow the urban planning plan in order to avoid such shortcomings.
When designing, the laying of engineering networks is also developed. Detailed. Read about the features of laying water pipes during the construction of multi-storey buildings in this article.
Construction of an apartment building and arrangement of the adjacent territory
The third stage in the process of building a house is building apartment building. It is necessary to finish the facades and interior rooms. At this stage, the help of professional experts in the field of architecture, design, design, engineering is useful. The building should be connected to the heating, sewerage and water supply networks. Telephone communications are supplied to the house, and power supply cables are led to them.
Landscaping consists of the following items:
- Sidewalk laying.
- Construction of underground or above-ground car parks.
- Installation of playgrounds.
The better the house is landscaped, the more attractive it will be for buyers.
In itself, the construction of multi-apartment buildings is not the most expensive part of finance. It will be very expensive to collect all necessary documents, and connection of city communications. But with all this, developers manage to make good money on this business.
Upon completion of construction and facing works, the construction company gives the house for operation. Thus, the project for the construction of an apartment building will depend on many aspects.
The goal of a real man, as you know, is to raise a son, plant a tree and build a house. And if the first two tasks do not raise any special questions, then building your own home is an elusive goal for most of the stronger sex.
Yudaev-Rachey Yuri. Early spring in Domodedovo. Wet highway. 1982
And the point here is not even the laboriousness and lack of special knowledge and experience, but the need for serious investments, because even the construction of a small, rather modest country house will require significant funds.
Of course, theoretically, everyone imagines the process of building a dacha, cottage, villa, mansion. It would seem that there is nothing complicated - to choose a land plot, build a reliable foundation and build walls. However, construction is a complex process and has a number of nuances, especially if we are talking not about the usual one or two-story house, but about a skyscraper with a hundred or even more apartments.
The beginning of the construction of an apartment building - the choice of land
The first stage in the construction of a multi-storey building is the selection of a suitable land plot. The construction organization is engaged in the selection of a building site, taking into account a number of factors:
- proximity to urban infrastructure. Of course, the closer to the central areas of the city, the better, but the land here is more expensive, and it is much more difficult to get permission from the authorities. At the same time, apartments in a building located far outside the city, where there is no regular, convenient transport connection, will be in little demand among buyers, respectively, and the price per square meter in apartments here will be lower;
- availability of necessary communications, proximity to power supply networks, heat supply and telephone cables. Now many residential complexes have such an advantage as autonomous heating, so the proximity of the central heating main is now not so important, but the need to “pull” water pipes and build supports for laying power lines can increase the cost of construction.
It should be noted that the development of any city, including the construction of multi-storey buildings, is carried out strictly according to the approved urban planning plan. Often the number of permits to start construction on a certain land plot, especially in the central region, reaches 50! The easiest way to get permission to build a multi-storey building is in an area where there are still few new buildings, and the master plan provides for the construction of several objects.
Makovoi Valery. Construction of the village White Birch. 80s. Etude. 1986
The process of obtaining building permits and granting a land plot is also greatly facilitated if the city authorities themselves act as the customer for this building. However, most often in this case, housing is being built for low-income categories of the population, economy-class apartments.
Carrying out topographic survey and geological expertise
A topographic survey of the land plot, which will soon become a construction site, is carried out to exact definition coordinates of the location of the future structure, as well as in order to determine the main characteristics of the area and the surrounding landscape.
This is a very important part of the construction of a multi-storey building, which, along with geological surveys, allows you to find out how deep the groundwater is and assess the general condition of the soil, the likelihood and degree of possible shrinkage of the foundation.
Such surveys and surveys are carried out by specialized organizations that have the appropriate permit. After completion of the work, the developer receives a detailed report on the work done, in which, among other things, such points as the characteristics of the relief, meteorological and climatic characteristics, geological structure, physical properties and composition of the soil, hydrogeological conditions and much more are noted.
Based geological surveys selection is made building materials and construction technology, since in the case of complex terrain or close groundwater occurrence, it becomes necessary to use special methods.
Designing an apartment building is a complex and extremely responsible task, since it depends on the designer how successful and comfortable the layout of the apartments, their area, and the appearance of the house will be.
Belyakova Evgenia. Architect. 2005
The design process can only be entrusted to professionals - specialists of companies that are members of the relevant self-regulatory organizations and licensed to perform this type of work.
Architects and designers are guided by approved building codes and sanitary requirements, seismological conditions and climatic features of the area are also taken into account. For example, sanitary legislation regulates such apartment parameters as illumination and ventilation, and the thermal protection system is developed taking into account the average annual temperature; if necessary, the project provides for additional insulation of the facade.
The complexity of the task facing the architect also lies in the fact that in addition to the requirements of the customer, who can make his own changes to the plan of the future building, the designer is obliged to coordinate the final project with the architectural and construction authorities of the city and strictly follow the established sanitary standards and requirements.
The building design also includes best way the location of communications, which will ensure the energy efficiency of the building (in Lately standards of "green" construction are becoming more widespread in our country, which increases the requirements for economical use of heat and energy), environmental requirements, features of the surrounding area and other nuances.
Usually the architect offers several options for designing the facade of the building, from which the customer chooses the one he likes best.
In addition, during the construction of a multi-storey, and especially high-rise building(above 22 floors), it is necessary to carefully consider and calculate the load on the foundation, the reliability of the supporting structures, which must cope with such a huge weight.
One more important detail- when drawing up a project, the architect must take into account not only the features of the landscape, but also the prospects for further development of the area. If this nuance is not taken into account, in the future the view from the windows of the building may change dramatically, and the facade will contrast sharply with neighboring buildings, for example, built in a completely different style.
This stage is extremely important for the successful completion of construction, since only a well-designed, repeatedly tested and compliant project that meets all standards and requirements guarantees that an attractive, reliable and safe building will soon appear on this site. apartment house, and the building itself will not look like a "monster" that disfigured the entire landscape.
Before proceeding to the most visible and important stage in the construction of a multi-storey building - construction work, one more stage is often carried out: a tender for the selection of a contractor who will be entrusted with the implementation of the project.
Typically, contractors are selected on a competitive basis; experience in this area, the availability of qualified employees and construction equipment are of great importance.
Stukoshin Fedor. Two workers. 1967
The construction phase of the building itself can be divided into the following major parts:
- Construction site preparation. This includes such preparatory work as fencing the land, which allows you to avoid the appearance of strangers at the construction site and ensure the safety of materials and equipment; land clearing, including the demolition of existing buildings; rerouting of engineering networks that interfere with construction; laying of temporary roads and necessary communications; arrangement of temporary household, administrative, warehouse and other premises. Also at this stage it is necessary to protect construction site from possible accumulation of rainwater.
- Marking the axes of the building. Another important step that requires careful verification and accurate calculation, since the slightest deviations will then be almost impossible to correct. Marking is carried out using accurate modern measuring instruments.
- Excavation. main view earthworks during the construction of a multi-storey building - digging a foundation pit for the foundation, earthworks also include laying trenches for communications. At this stage, of course, you cannot do without special equipment - excavators and bulldozers, since the amount of work can be very large.
- Foundation works. It is the foundation that bears the greatest load, it is the basis of the building and a guarantee of its durability and stability. The type of foundation depends on the properties of the soil, sand or gravel is often used, and the bulk of the work is poured with high quality concrete that can withstand the weight of a building 9,12 or even 24 stories high.
- At the next stage of construction, the construction of the outer walls of the building begins, it should be noted that the technology for building a house from brick, reinforced concrete panels or a monolithic building has serious differences. Today it is becoming more and more popular monolithic construction, for which only formwork, reinforcement and concrete are needed.
- Supply of communications to the house - water, electricity, gas, sewer system. Pipe trenches were dug at the stage of earthworks, now communications are being laid and the building is connected to centralized water supply and other networks.
- Roof installation. This stage also depends on the approved type of roof, many modern new buildings have a so-called exploitable roof, on which, for example, a winter garden can be arranged.
- Installation of internal partitions. In fact, the division of a multi-storey building into separate apartments, according to the approved project. At this stage, such an important element of a multi-storey building as elevator equipment is being installed.
- Installation of metal-plastic windows. To continue the interior work, it is necessary to protect the premises from climatic influences, so the installation of windows is already underway. Metal doors can also be installed in each apartment.
- The device of internal communication networks. This includes the distribution of light throughout the premises of the building, the laying of sewer pipes, the arrangement of gas supply, heating, supply of cold and hot water. Also, after the distribution of communications in each apartment, meters for light and water are installed.
- Floor screed device. At this stage, the concrete-sand mixture is again used, the floor is carefully leveled, it is from the floor screed that the rough finishing work begins.
- Internal finishing works. It can be divided into rough and finish, often developers sell apartments with a rough finish, giving the new owners the opportunity to bring the apartment to a residential state on their own, which requires a significant investment of time and money.
- Exterior finishing of the facade and carrying out repairs in all public areas. If the apartment can be sold after the draft finishing works, then in the hall, entrance, on the stairs, common roof and other premises common use all finishing work must be fully completed.
Many residential complexes also offer commercial space, for example, on the ground floor there may be a laundry, a beauty salon, a bank branch or a small grocery store. The presence of such premises should, of course, be provided for even at the stage of drafting the project, and the construction of both an ordinary residential building and a multifunctional complex necessarily goes through all of the above stages.
In order to profitably sell apartments in a newly erected multi-storey building, as well as in accordance with urban planning standards, the developer must also take care of the arrangement adjoining territory. It has become a common practice to install a playground in front of the house, the presence of greenery, flower beds, laying paving slabs or asphalt in front of entrances, providing access roads for vehicles, sometimes parking for residents and their guests, and street lighting.
Mefokov Nikolay. Saratov courtyard. 2004
Multi-storey buildings that claim to be elite residential complexes boast a closed, protected area, which is decorated with landscape design, and often even a swimming pool, simpler skyscrapers - just a well-groomed small courtyard with a swing and a small flower bed in front of the entrance.
As you can see, the process of building an apartment building is quite complex, multi-stage and responsible. Many developers note that the main difficulties arise precisely at the stage of obtaining building permits, collecting all the necessary documents, as well as creating and approving the project, while they themselves construction works take not so much time. However, many construction companies save time and money by using standard designs, which sometimes turns out to be not the worst option.
Anna Sedykh, rmnt.ru
Probably, for any construction organization, the highest degree of success is the construction of the first apartment building, and in the future - the whole residential complex from several multi-storey buildings. But not everyone succeeds in translating such an idea into reality. And it's not just the high cost of such a large-scale project. Investments in the construction of an apartment building, of course, are very impressive. But main problem is to obtain a building permit from the administration of the district where the construction of the building is planned. As well as summing up all communications.
What is such a structure?
If you do not go into terms and speak simple and plain language, then the description will be as follows. An apartment building is a building within which owners and legal entities own rooms, apartments or commercial space. Two or more apartments must be located in such a building at the same time. Each of them should have its own exit to the street or to the common area (into the corridor or to the stairwell).
In addition to apartments or rooms, non-residential commercial premises can be located in such a house (usually on the ground floor). They are used as offices, shops, reception rooms. Also in the apartment building there are common areas - corridors, landings, elevators, stairs, balconies and terraces. From the definition, let's move on to the main stages. And let's start with the most important thing.
Selection of a land plot for the construction of an apartment building
Let's get help from the experienced construction companies and let's see what they, first of all, pay attention to when searching for land for future construction. Firstly, it is the proximity of urban networks of heat, water and electricity. That is, the necessary minimum for a comfortable stay.
Secondly, the availability of telephone networks and cables for connecting the Internet and television. Today, most people cannot imagine their life without these benefits of civilization, and they will never buy an apartment where the leading Internet providers have not yet laid cables. The closer to the place of future construction are all the necessary communications, the lower will be the cost per square meter. This means that potential buyers will be able to count on the most favorable prices. And you, in turn, will be able to quickly sell or hand over everything.
Thirdly, the availability of urban infrastructure near the construction site of an apartment building plays a huge role. Remember that the proximity of tram lines, bus stops, metro stations, trade and cultural organizations seriously affect the final cost of future apartments. But at the same time, a land plot somewhere in the center of the city, where there are all the benefits of civilization, will cost you a lot. The ideal option is new areas with developed infrastructure on the outskirts of the city. But that's not all.
Each city has its own urban planning plan, according to which land development will be carried out in the next few years. From this follows the following. It is much easier to obtain a permit to build an apartment building in areas where the urban development plan provides for the construction of residential buildings in the next few years. It is even easier for those construction companies that build houses on state orders. In this case, it is much easier to obtain all the necessary permits (and there are about fifty of them!) For construction.
The second stage - topography and geological expertise
With the help of topographic survey and geological survey of the area where the future house will be located, determine:
- Condition and properties of the soil.
- Possible degree of shrinkage of the structure.
- The depth of the groundwater.
- Important components of the relief of the area.
- Weather and climatic conditions.
All this is necessary for the correct design of the future home, the selection of the most suitable construction and finishing materials. Upon completion of all surveys and examinations carried out by specialized organizations, you will receive a complete report that will be used at the next stage.
Home project preparation
At the previous stages, the most difficult was obtaining all kinds of permits and coordinating numerous issues with self-government bodies. But design is the most important step before the direct construction of an apartment building. At this stage, you will need the help of real professionals - architects, designers, engineers, planners. The success of the whole campaign depends only on them.
At the design stage, a design project of the future house, adjacent territory and interior premises (including the layout of apartments) is created. The tasks of the designers include not just the development of the appearance of the building, the yard area and the "insides" of the building. It is important that the appearance of the apartment building fits well into the urban landscape. It is necessary to take into account the urban planning plan so that in a few years your house does not look like a white crow. And the view from the windows of apartments, for which residents are willing to pay more, may worsen when new buildings are built in front of the house. All this should be taken into account at the design stage.
Construction of an apartment building and landscaping
So we got to the most important thing. At this stage Building company erects the building of the house, conducts and connects the necessary communications, carries out the initial or complete finishing of apartments. We think it is not necessary to say that the choice of a contractor should be approached very seriously.
After the house is erected, usually, they move on to beautification of the surrounding area. Parking lots for cars, playgrounds are laid, lawns and trees are planted. The better the house is landscaped, the more attractive it is for potential buyers. And the cost of apartments in such a house increases significantly.
Speaking of prices, and in general about the benefits of this type of business. By itself, building a house is far from the most expensive part of this process. It is very expensive to collect all the necessary papers, and to sum up and connect city communications. But even this does not prevent developers from grabbing a fat piece of the pie.
According to experts, the total cost of one square meter of an apartment, even in a very good house, does not exceed 23-25 thousand rubles. As for the prices for finished apartments, they rarely fall below the mark of 35-40 thousand rubles per square meter. And, most often, there is not one, but several dozen apartments in the house. Based on this, it is possible to assess the real prospects of this type of business.
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Hello Eugene. It is impossible to build an apartment building, no matter for what purpose, on a land plot intended for individual housing construction.
You can only build an individual residential building, and it can also have isolated living quarters that can be rented out.
The construction of an apartment building involves changing the purpose of the land plot - for the construction of an apartment building. Which is most likely impossible.
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Boltunova Marina
Lawyer, Moscow
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Hello.
If the administration establishes the fact that the house is an apartment building, for example, based on a complaint from neighbors, then it may well go to court with a lawsuit to demolish the house, because. it will be a standalone building.
Decree of the Federal Antimonopoly Service of the North Caucasus District dated March 26, 2012 in case N A32-19509 / 2011
In refusing to satisfy the application, the court rejected the plaintiff's claims to recognize the ownership of the apartment building erected by the plaintiff. According to the court, in accordance with the provisions of Art. 51 Urban Planning Code RF, art. 3 Federal Law "On architectural activity in the Russian Federation" construction, reconstruction of objects capital construction, as well as their overhaul carried out on the basis of a building permit issued by the local government at the location of the land plot where construction is planned. At the same time, according to paragraph 26 of the Decree of the Plenum of the Armed Forces of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 N 10/22, the absence of a building permit in itself cannot serve as a basis for refusing a claim for recognition of ownership of an unauthorized construction, it is necessary to establish whether whether the person who created the unauthorized structure, appropriate measures to legalize it, in particular, to obtain a building permit and / or an act of putting the object into operation. As established by the court, the plaintiff has permission to build a three-story individual residential building. However, in fact, the plaintiff erected a five-story multi-apartment residential building, which does not correspond to the permit documentation. Evidence of a change in the type of permitted use of the land plot, compliance with the established procedure for obtaining a permit for the construction of a five-story apartment building, availability project documentation on the erected object, as well as appeals to the authorized bodies for approval of the construction of the disputed object in the case file are absent. Thus, there are no grounds for satisfying the plaintiff's claims.
KOSTROMA REGIONAL COURT
APPEALS DETERMINATION
dated December 5, 2014 in case No. 33-1885
By order of the Department of Property and Land Relations of the Kostroma Region dated DD.MM.YYYY N the above land plot with total area 748 sq. m located at:<адрес>, courtesy of H.A.I. free of charge to the property as the owner of the real estate object, with the permitted use "for the operation of an individual residential building." Ownership of the land has passed state registration, which is confirmed by the certificate from DD.MM.YYYY.
Filing claims for the demolition of the object at the address:<адрес>, the plaintiff pointed out that the object has signs of an unauthorized structure, since it is an apartment building, it was erected without a building permit, in violation of the intended purpose of the land plot, technical norms and rules were violated during its construction, in connection with which the structure threatens life and health citizens.
The defendant's position was that the house is an individual, three-story house built for one family, and therefore it was not required to obtain permission to build a house, to produce and approve project documentation. The construction of the facility has not been completed, all identified violations are correctable and will be eliminated during construction.
Assessing and examining the evidence presented in accordance with Article. 67 of the Civil Procedure Code of the Russian Federation, the court of first instance came to the conclusion that the disputed object has the features of an apartment building. The defendant produced new construction, before it began the development of project documentation in accordance with Art. 48 of the Civil Code of the Russian Federation, which is subject to examination, was not carried out, a building permit was not obtained, in the process of issuing which the types of permitted construction and its limiting parameters are determined, compliance with urban planning regulations in accordance with Art. 51 GRK RF. Taking into account the established circumstances, the court of first instance concluded that the disputed object has all the signs of unauthorized construction: an apartment building was erected on a land plot not allocated for these purposes in the manner prescribed by law, without obtaining the necessary permits, with a significant violation of urban planning and building codes and rules, incl. partially located outside the boundaries of the land plot, violates the rights and legitimate interests third parties, creates a threat to the life and health of citizens. Under the above circumstances, a real estate object located at:<адрес>, to be demolished.
Thus, the disputed object is an unauthorized construction, which was erected in violation of building codes and regulations on a land plot not allocated for the construction of an apartment building, partially on a land plot not owned by the defendants, and creates a threat to people's life and health.
The consequences of unauthorized construction are established by Art. 222 of the Civil Code of the Russian Federation. 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 in paragraph 3 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.
In accordance with the legal position of the Constitutional Court of the Russian Federation, set out in the Ruling of July 3, 2007 N 595-O-P, unauthorized construction is an offense that consists in violating the norms of land legislation governing the provision of a land plot for construction, urban planning regulations governing design and construction. According to the literal meaning of paragraph 1 of Art. 222 of the Civil Code of the Russian Federation, the sanction contained in it can be applied if the guilt of a citizen in the implementation of unauthorized construction is proved. The implementation of unauthorized construction is a guilty act, the proof of which is the establishment of at least one of the three conditions listed in paragraph 1 of Article 222 of the Civil Code of the Russian Federation.
Taking into account, as well as the provisions of par. 2 p. 2 art. 222 of the Civil Code of the Russian Federation, paragraph 3 of Art. 76 Land Code RF, the obligation to demolish an unauthorized building should be assigned to the person who carried out the unauthorized construction, that is, the owner Kh.A.I.
In accordance with the explanations contained in paragraph 23 of the resolution of the Plenum Supreme Court RF N 10 and the Plenum of the Supreme Arbitration Court RF N 22 dated April 29, 2010 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other rights in rem”, the court decision to satisfy the claim for the demolition of an unauthorized building serves as the basis for making an entry in the USRR on the termination of the defendant’s ownership of the unauthorized building.
Subject to the foregoing, this decision is grounds for termination in the United state register rights to real estate and transactions with him record of ownership H.A.AND. and V. to the object of individual housing construction - a 3-storey residential building with a total area<данные изъяты>sq. m inventory number N letter B at:<адрес>.
In order to build an apartment building, you need to change the type of permitted use of the land plot, if the land plot belongs to the lands of settlements.
URBAN PLANNING CODE OF THE RUSSIAN FEDERATION
Article 37. Types of permitted use land plots and capital construction projects
1. Permitted use of land plots and capital construction facilities may be of the following types:
1) the main types of permitted use;
2) conditionally permitted uses;
3) ancillary types of permitted use, admissible only as additional in relation to the main types of permitted use and conditionally permitted types of use and carried out together with them.
2. With regard to each territorial zone, the types of permitted use of land plots and capital construction facilities are established.
3. Change of one type of permitted use of land plots and capital construction facilities to another type of such use is carried out in accordance with the urban planning regulations, subject to compliance with the requirements of technical regulations.
4. The main and auxiliary types of permitted use of land plots and capital construction objects by the right holders of land plots and capital construction objects, with the exception of state authorities, local governments, state and municipal institutions, state and municipal unitary enterprises, are chosen independently without additional permits and approval .
5. Decisions to change one type of permitted use of land plots and capital construction facilities located on lands to which town planning regulations do not apply or for which town planning regulations are not established, to another type of such use are made in accordance with federal laws.
Hello Eugene.
You will definitely have problems:
1. You may be denied registration of ownership of a property
2. Your apartment building may be classified as unauthorized construction and demolished.
Numerous judicial practice confirms what has been said, including in Moscow and the Moscow region!
“Overview of the practice of resolving disputes arising in connection with the participation of citizens in shared construction apartment buildings and other real estate” (approved by the Presidium of the Supreme Court of the Russian Federation on 04.12.2013)
M.A.N. on a land plot of 600 sq. m, intended for individual housing construction, on the basis of building permits, a residential building with a total area of 1005.9 sq. m. The bodies that carry out state registration of rights to real estate and transactions with it registered the ownership of M.A.N. to this house. On the basis of a contract for the sale of real estate objects, the owners of a residential building located on the specified land plot on the basis of the right of common shared ownership are, in addition to M.A.N., also B.K.V., G.O.A., G.V. A., O.M.L., R.L.N. and others (total 14 people).
By the decision of the Lyubertsy City Court of the Moscow Region the claims of the prosecutor of the city of Lyubertsy, Moscow Region, were satisfied in the interests of T.Yu.A., municipality“Urban settlement Malakhovka of the Lyubertsy municipal district of the Moscow region” to M. on the demolition of an unauthorized building.
Determination of the Judicial Collegium for Administrative Cases of the Moscow Regional Court, which considered the appeals of B.K.V., G.O.A., G.V.A., O.M.L., R.L.N., court decisions were canceled, the claims of the prosecutor of the city of Lyubertsy, Moscow Region, were satisfied.
As can be seen from the materials of the case (certificate of verification, technical documentation etc.), a three-story residential building (two ground floors and an attic floor) was erected on the indicated land plot. On each of the floors there are actually 8 or 9 individual apartments, all of them are numbered, have a separate exit to the corridor, a separate bathroom, a separate kitchen equipped with a stove. From the residential building there is one exit on the ground floor to the land plot adjacent to the house.
The residential building erected by the defendant is, in fact, intended and actually used for the residence of several families who are not related to the developer and live in separate isolated premises.
Taking into account the content of paragraphs 5 and 6 of the Regulations on the recognition of premises as residential premises, living quarters unsuitable for habitation and an apartment building emergency and subject to demolition or reconstruction (approved by the Government Decree Russian Federation dated January 28, 2006 N 47), which identified the signs of a residential building, apartment, apartment building, the panel of judges considered that the totality of the evidence presented in the case materials reliably confirms the fact of the construction of M.A.N. an apartment building on a land plot intended for the construction of an individual housing construction facility, in violation of the requirements of civil law regarding the intended use of land. The defendant did not receive a permit for the construction of an apartment building, and did not apply for commissioning in the prescribed manner.
Thus, based on the provisions of articles 222 (paragraph 1) and 263 (paragraph 1) of the Civil Code of the Russian Federation, as well as articles 7 (paragraph 2) and 40 (subparagraph 2 of paragraph 1) of the Civil Code of the Russian Federation, articles 1, 2, 8, 9, 30 , 36, 44, 47, 48, 55 GrK RF erected by M.A.N. the residential building was recognized by the Judicial Board for Administrative Cases of the Moscow Regional Court as an unauthorized construction.
According to paragraph 2 of Article 222 of the Civil Code of the Russian Federation, paragraphs 23 and 24 of the resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 N 10/22 “On some issues arising in judicial practice in resolving disputes related to the protection property rights and other property rights" on M.A.N. ordered to carry out the demolition of the building.
For example, the Judicial Collegium for Civil Cases of the Moscow Regional Court by the Appeal ruling dated April 2, 2014 in case N 33-3589/2014 installed:
the administration of the urban settlement of the Odintsovo municipal district of the Moscow region filed a lawsuit against the defendants for the demolition of an unauthorized building - an apartment building. The claim is motivated by the fact that the disputed apartment building was erected without a building permit, on a land plot with a designated purpose for an individual residential construction, in the zone of low-rise buildings, without the possibility of connecting to the central water supply and sewerage systems, with a gross violation of urban planning legislation, as well as the norms and rules of construction technology (Urban Planning Code of the Russian Federation, SNiP 2.08.01-89, SP 30-102-99, SNiP 2.07.01-89, SNiP 31-02-2001, etc.).
Representatives of the defendants objected to the satisfaction of the claim, pointing out that the master plan of the urban settlement, as well as the building plan, were not approved, the defendants are inadequate - so, in accordance with Art. 222 of the Civil Code of the Russian Federation, claims for the demolition of an unauthorized building are presented not to the owner, but to the developer. For some owners, this residential building is the only place of residence in the Russian Federation, people purchased apartments for personal residence, two families actually live in the house. The administration interferes in changing the purpose of the land plot. The house stands 20 meters from the administration, was built in front of the administration, and since 2008 it has not raised the issue of the illegality of its construction or its demolition, the plaintiff has not proven that unauthorized construction poses a threat to the life and health of citizens, in itself, the lack of permission to construction does not serve as a basis for the demolition of an existing facility, the rights to which are registered in the manner prescribed by law. The residential building was erected in a residential development zone in accordance with the Odintsovo City Development Rules, approved by Decree N 931 of 03.10.2012.
The representative of a third party - the Department of Architecture and Urban Planning of the Administration of the Odintsovo Municipal District of the Moscow Region - supported the administration's claim, saying that the land plot was intended for individual housing construction.
Considering the type of permitted use of the land plot, it is permissible to build on it a single-family residential building with no more than three floors, intended for the residence of one family (SP 55.13330.2011, clause 3 of article 48 of the Civil Code of the Russian Federation, clause 1 of article 49 of the Civil Code of the Russian Federation ).
Representatives of the Department of Architecture and Urban Planning of the Administration of the Odintsovo Municipal District carried out inspection visits, as a result of which it was established that a 4-storey apartment building was erected on the land plot.
The rightholders of the land plot did not apply to the Department of Urban Planning Architecture, i.е. did not take appropriate actions aimed at legalizing unauthorized construction and compliance with urban planning legislation.
Considering that the disputed object is actually an apartment building, in accordance with the provisions of Art. 48, 49, 52, 54, 55 of the Civil Code of the Russian Federation construction of similar facilities in without fail should be carried out by specialized organizations that have a SRO certificate, on the basis of design documentation that has passed an examination, under the supervision of the State Construction Supervision Authority (authorized body).
As follows from the response of the Glavgosstroynadzor of the Moscow Region dated February 18, 2013 N Zh-59/31 and the Order of the Glavgosstroynadzor of the Moscow Region N 44i dated November 16, 2011, the developer did not apply to the state construction supervision authorities with a notice of the start of construction of the facility, state construction supervision over the construction of the facility was not carried out on the specified land plot. According to the results of linear measurements, violations of fire-prevention distances between the disputed structure and residential buildings located in neighboring areas. The objects are not connected to the central water supply and sewerage networks. Since the quality of construction and installation work in the house does not meet the requirements of the regulatory and technical documents for residential buildings, there are doubts about the durability and maintainability of the house (violations of SP 54.13330.2011 (SNiP 31-01-2003) "Residential multi-apartment buildings").
The defendants believe that this lawsuit violates their constitutional rights as owners of the land, and the plaintiff has not proved the violation of his rights and freedoms by the construction of the building, the limitation period established by Art. 199 of the Civil Code of the Russian Federation, in connection with which they asked to dismiss the claim.
It follows from the case file that the defendants are the share owners of a land plot for individual housing construction.
According to the project, the house should be heated by gas boilers from the existing gas pipeline, water supply should be carried out from the existing well, sewerage - individual local treatment facilities, in the future, connection to sewer networks, waste disposal - into metal containers through the conclusion of a garbage disposal agreement. This project was developed in accordance with sanitary and epidemiological standards. After acquiring apartments in a multi-apartment residential building, the defendants took measures to legalize the residential building and bring it to a state suitable for habitation - providing the house with engineering communications.
Regarding the defendants' statement that the administration missed the limitation period, it should be noted that the demand for the demolition of an unauthorized structure that poses a threat to the life and health of citizens, limitation of actions does not apply.
According to the explanations given in paragraph 2 of clause 24 of the Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 N 10/22 “On some issues arising in judicial practice in resolving disputes related to the protection of property rights and other rights in rem”, the defendant in a claim for the demolition of an unauthorized building is the person who carried out the unauthorized construction. If an unauthorized building is in the possession of a person who did not carry out unauthorized construction, the defendant in a claim for the demolition of the unauthorized building is the person who would have become the owner if the building had not been unauthorized.
After examining all the circumstances of the case, the panel of judges came to the conclusion that there were grounds to satisfy the stated claim for the demolition of an unauthorized building, since during the consideration of the case it was established that an unauthorized apartment building was erected on a land plot for individual residential construction.
Sincerely! G.A. Kuraev
Housing was built in the Tver region, where the price per square meter turned out to be one and a half times lower than the market
In Kalyazin, Tver region, an apartment building was built, the price per square meter in which is one and a half times less than the market one. We note right away that the construction is solid, traditional, this is not a “sandwich” option. Families already live there. A house was built with the help of a housing construction cooperative (HCC) system, the legislative framework which has been restored in Russia since 2011. Accordingly, the experience of this construction can be transferred to any construction in Russia.
Construction organizer Sergey Kachushkin, Chairman of the Board of Trustees of the ZhSK Development Assistance Fund. As a person who stands up for the revival of the building cooperative, he is convinced that in Russia it is possible to build honestly and, most importantly, high-quality and reliable houses. The most important ideological moment was the principle of construction without a single “penny” spent on gratitude, stimulation, kickbacks, tackles and everything else. About the nuances of this successful construction experiment, the approach of control and supervisory authorities, as well as the housing cooperative system and not only talked with him in an interview.
"SP": - Sergey, you organized a kind of experiment - you built a house without bribes. This is amazing! Tell us what else is unique about this construction site, where the house was built, and is it true that the price per square meter is one and a half times less than the market price?
It all started with the fact that there was an initiative to build housing in the city of Kalyazin, Tver Region, for socially vulnerable groups: for teachers, doctors, nurses, kindergarten teachers, for large families. We have joined forces with the city authorities. As a result, today a house has been built in the city, where 44 families already live. Housing with decoration in this house cost 25 thousand rubles per square meter. For comparison, the price of such a square meter in the city without finishing - from 45 thousand rubles.
The first and most important postulate in the implementation of this project was the principle of construction without the "encouragement" of controlling organizations.
"SP": - Let's step aside a little, and then we'll talk in detail about the implementation of this building experiment. The problem of housing affordability in Russia is one of the most important. How much social housing is being built today?
In the subjects, the volume of construction of such housing is different. At the same time, there are socially oriented large construction projects. Moreover, they do not always receive publicity. For example, I know that Vladimir Potanin and Alexei Mordashov built such houses. At one time, Roman Abramovich also built quite a lot.
"SP": - Today, according to economists, 5-7% of the population of Russia can afford to buy housing in Russia. With a mortgage - 10-15%. There is a housing shortage in the country. And separate "buildings" do not save the situation.
With this project, we proved that 100% of the population of the Russian Federation will be able to buy housing with a mortgage. I am ready to affirm this with full responsibility.
"SP": - Let's take everything apart then. What is the basis of the project?
First, we took as a basis what was initiated and implemented back in 1958 in the Soviet Union, namely, housing construction cooperatives (ZhSK). Let me remind you that in Soviet times there was no private ownership of housing. All housing was public. At the same time, the legislation of the Soviet Union made it possible to have public share cooperative property. Then the country's leadership made a decision in terms of housing, comparable to a small NEP - they allowed private owners to build housing, which was previously unacceptable.
The incomes of the population in the Soviet Union were low, but there were people who could afford to spend money on expensive housing. These were scientists, top teaching staff, the cultural elite and a number of other people who had a high level of income (more than 200 rubles a month). Having made the first installment for the cooperative, the person began to allocate enough a large amount money to get an apartment in an elite building. In Soviet times, a cooperative house is, as a rule, a high-level building: brick, with a glazed loggia, with completely different areas.
After the collapse of the USSR, there were problems with financing, many cooperatives were "frozen", some were "built" for 15-20 years, some went bankrupt. Then came a series of deceived equity holders and shareholders due to the fact that many businessmen, unfortunately, having tasted big money, began to look for "options" for even more money.
I will explain in detail so that there is no misunderstanding. In the Soviet-era housing cooperative system, shareholders attracted a developer who built a house. In the dashing 90s and already in our time, the developer himself (or rather, a merchant under the guise of a developer) initiated the creation of a housing cooperative and almost recruited shareholders there. With this money, he began to build a house. As a result, shareholders, not understanding what was happening, not controlling the developer, simply gave money. And the developer built in such a way that in an almost finished house, shareholders (like housing cooperatives) owed a lot of money to the developer. Further, the developer stopped construction, making claims against the housing cooperative, with which he had a purely contractual relationship. Once again I emphasize that the initiator of the construction - the merchant - was in the developer. Coming through judgment everything that had been built was confiscated from shareholders for debts: people were left without apartments, and the merchant was actually left with a completed house.
"SP": - This is a high-level fraud.
This is an obvious abuse of power. Therefore, the state should create such rules when it becomes either difficult or very fraught to abuse the right.
"SP": - Now back to the project. What is unique about this “construction of the century”?
When deciding on the issue of housing construction for socially unprotected residents of Kalyazin, the idea of a Soviet-era housing cooperative came to mind. Time was spent studying current legislation. It turned out that the legislative base of housing cooperatives has been restored since 2011 and has a number of additional features and benefits, which, I will immediately make a reservation, cannot be realized. No matter what anyone tells me, it is almost impossible to get a mortgage for socially unprotected segments of the population! I'm talking about the average citizen of the Russian Federation, whose income is plus or minus 20-30 thousand rubles.
"SP": - 44 families have built apartments without a mortgage?
With a mortgage, but preferential. Together with Rosselkhozbank we fought for it for ten months. As a result, a financial product was created. The bank accepted the first share contributed to the housing cooperative as a contribution for mortgage.
Without this banking product, a person had to make a share according to the requirements of the housing cooperative (for the housing cooperative to start living and building), and then make a contribution to the bank to receive a mortgage loan. For many ordinary citizens, this is an unbearable amount.
As a result, under the agreement with Rosselkhozbank, the mortgage rate was 12.9% per annum. This high percent. But this is the minimum possible variant. In this way, monthly payment mortgage amounted to an average of 10-13 thousand rubles for a period of 20 years. By the way, a mortgage without support would cost 20 thousand rubles a month, which is an unbearable amount for Kalyazin.
In general, by reducing the mortgage loan to 2-5%, Russia would be able to rebuild in the shortest possible time and millions of families would receive long-awaited housing.
"SP": - Did your housing cooperative receive preferential terms, for example, for the provision of a site without a tender?
In practice, we realized that we would not be able to collect the package of documents that is necessary to create a socially oriented housing cooperative, which would give us the right to benefits. Therefore, we abandoned this idea and built a house as the most ordinary, without privileges and benefits.
I will make a few key points. The first postulate, which I have already spoken about, was that the construction of the house was carried out without a single “penny” spent on gratitude, stimulation, kickbacks, tackles and everything else. The work developed according to the following principle: when the controlling structures came to us and said that we should do “probably this”, we calculated how much it would cost, and asked our question - should this be done or not? If this needs to be done, there are no questions, we will do it. If this is not necessary, then give us an official paper in which there will be confirmation. And be sure to clarify to them that apart from "thank you" we will not be able to thank them with anything. And so it was at almost every step.
Our second postulate was that the price per square meter should not exceed 25,000 rubles. Moreover, for such money there should be not a sandwich option, but a house using traditional classic proven technologies. They selected an organization that offered to build a turnkey house for this price, and with apartments with a social finish: insulated linoleum, wallpaper, all plumbing, a heating unit for hot water, doors, windows.
We also decided instead of the 34 sq.m. on the one-room apartment, make it more spacious - 45 sq.m. The same with two-room and three-room apartments.
"SP": - What pitfalls did you encounter during construction?
In order to avoid risks and not to receive questions from Stroynadzor about the depth of the foundation at the time of delivery of the house, which usually cost a million rubles to be checked by specialized services, we recorded all stages of construction from the very beginning: from digging a foundation pit to the final distribution of keys.
Any work at the construction site began with the fact that they notified the supervisory authorities about the progress of the work being done. Next, all were given Required documents contracting organization and without fail received both preliminary acts and acts on completed works.
So, according to the application, Stroynadzor is obliged to provide an employee for the construction site. If the structure starts to ignore the statement, there are higher supervisory bodies over them and there is always the prosecutor's office. Believe me, it is not difficult to make an official work if you yourself are ready to work.
"SP": - Is it technically difficult to knock out?
It is absolutely easy, because, thank God, we have a law. No matter how strange it may sound, we have a law that works!
"SP": - Tell us about the specific inspections of regulatory authorities.
The first check of firefighters was very difficult: they revealed about 40 shortcomings. When they came to me with an act of remarks and asked what to do, I said - eliminate it!
For example, one of the shortcomings was the lack of a fire shield. I can say that 99% of the construction sites never had it. The shield was shot down in two hours, while collecting all the attributes for it: a cone-shaped bucket, a hook, a crowbar, a shovel, and so on. When the firefighters came a second time and said that “the bucket is not red”, I replied, give me a brush, I will paint it myself. If it should be red, then it will be. And in front of each item, the employee signed that the defect was eliminated. I also had to correct such “shortcomings” as installing a fire escape on a blank wall, installing a “Rain” fire system in every room, and other “standards” that are intended for industrial buildings, and not for residential buildings.
What struck me the most was that this project was purely social, it was built for teachers, doctors, but, unfortunately, this did not stop anyone. For some reason, I firmly believed, like a pioneer, that if teachers build, then no one will ask for money, but on the contrary, they will say - well done, look at what kind of house it turns out!
"SP": - Officials are sick?
I can upset you. I myself was an official. This is the wrong wording. An official is a person, a citizen. People are sick, not officials. This is a fundamental difference.
The next situation arose, too, anecdotal. I immediately said that there would be the most severe control of financial resources: there would be advance payments, but the main money would be paid upon acceptance of the work. A businessman appears, a subcontractor who was supposed to do something. He was given 5 million rubles. Some time passed, he came to ask for another 4 million rubles. I ask - did you close those 5 million rubles? He answered, - I will close it, but here and here we urgently need to get this and this. I demanded to report for the first tranche.
As a result, it turned out that this friend mastered 1.5 million rubles, and with the remaining money he bought a fur coat for his wife, a car for himself, and went somewhere to relax. When he received the first call from law enforcement agencies with the words “come explain yourself,” he, in fact, compensated for all the missing money. As a result, we had to look for other contractors. And, oddly enough, it was more difficult to find local contractors than to bring in from outside. Previously, I was always surprised when contractors from other regions were hired to carry out a major government contract. It seemed stupid, because people had to be brought in, taken away, accommodated, maintained. But when I came across this myself, I realized that it was not stupid.
Another example: the Tver region, surrounded by forests, trees above the roof. We start buying lumber. Once - the price is higher. I ask - why is it higher, around other prices? Answer - we have such a price. As a result, everything needed was brought from the Moscow region. This is the question, sick officials or sick people. When people see that construction is sluggish, that half of it is being stolen, psychology kicks in - give at least 100 rubles. And when a house is being built under control, you immediately get the feeling that this is a demonstration construction and there will be a lot of money there, so what are 100 rubles, at least 200! Including for this reason, we had to involve Koreans for finishing work.
"SP": - Were there any comic cases when officials or regulatory authorities tried to impudently interfere or get something from this construction site?
In general, I realized that it is very simple to be Zhvanetsky in our country, you just need to be able to listen and observe. One "mundepka", as municipal deputies are popularly called, said that it was necessary to demolish the fence that had been built around the rebuilt house. According to her logic, earlier there was a “folk trail” to the nearest alcohol department of the store and people got used to this route. Now they run into a fence, they can get injured. I have to think about the whole city, not about your 20 families, - said the deputy. This is a real case. Let me not comment on his reasons.
"SP": - Who should become the locomotive, the initiator of such construction projects, so that such houses are built throughout the country?
During the implementation of the project, we realized that the initiator of such movements should be the municipal authorities. An interesting point - when the house was handed over, the regional authorities were also present.
At the same time, the administration of the city, and the region, has several fears. Firstly, there is a risk of getting deceived equity holders, as a result of which the number of people who need to be helped again, who need to be protected, who need to spend money on it, will increase, while the indicators will worsen. This is the "wise minnow" principle. If you have a queue of 100 thousand people in need - well, don't touch them. And now you start helping, they will move from the category of the needy to the category of the deceived. This is the first fear of the municipal administration.
The second group of fears is connected with the fear of awakening the people from hibernation. We have been talking for a long time about the social activity of the population, we are creating a public chamber, the ONF and other institutions of civil society. But I can say with confidence that the 44 families in Kalyazin who took part in the construction will definitely not give bribes to anyone. These people were convinced that it is possible to freely receive public services and at the same time not be obligated to anyone. These people are effective subjects of civil legal relations. They can take part in economic life and receive effective, visible, tangible results. And at the same time do not depend on anyone. And as far as I understand, this is where Pandora's box lies.
"SP": - The project was developed in the form of "Fund for assistance to the development of housing cooperatives". The original site of the structure is available on the Internet. What is the activity of the authorities towards such projects?
I will not say who has already shown interest in this, there are many of them, and I hope we will develop this direction further. But there is a certain silence on the part of the authorities.
With the project in Kalyazin, we proved that anyone can build a house without bribes at an adequate price per square meter. We are going to come up with this initiative to the State Duma. There are also plans to initiate legislative simplification required package documents to confirm socially unprotected status.