Reasons for extending a building permit sample. Gosstroy clarified issues of urban planning legislation

1. Validity of the building permit,

reconstruction in accordance with the Law of the City of Moscow No. 50 is established in accordance with the approved project documentation and the current standards for the duration of the construction period for the period until the acceptance into operation of the completed urban planning object, but not more than three years from the date the building permit comes into effect. However, the Town Planning Code of the Russian Federation provides for a different procedure for issuing a building permit, in accordance with which a building permit is issued for a period stipulated by the project for organizing the construction of an object capital construction.

2. Validity of a building permit, reconstruction can be extended

body of architecture and urban planning of the city of Moscow: for the first time for a period of up to one and a half years - independently, for the second time for a period of up to one and a half years - on the basis of a decision of the Government of Moscow.

3. To extend the period of validity of a building permit,

reconstruction, the developer (customer) must, within ten days after the occurrence of circumstances preventing the completion of construction on time, but no later than sixty days before the expiration of the permit for construction, reconstruction, apply to the architecture and urban planning authority of the city of Moscow with an application for extension of the period of validity of the permit for construction, reconstruction and submit documents confirming the impossibility of completing the construction on time, as well as feasibility studies and justifications for the declared period for extending the validity of the permit for construction, reconstruction.

4. Authority of architecture and urban planning of the city of Moscow,

The Government of Moscow within thirty days shall make a decision on the extension or refusal to extend the period of validity of the permit for construction, reconstruction, inform the developer (customer) about decision. In the event of a positive decision of the body of architecture and urban planning of the city of Moscow, within ten days, draws up, registers and issues to the developer (customer) a permit for construction, reconstruction with the period specified in it for extending its validity.

5. The period of validity of the permit for construction, reconstruction is subject to mandatory extension

in cases of occurrence of circumstances beyond the control of the developer (customer) that prevented the completion of construction on time and within in due course. The developer's (customer's) lack of funds to finance the construction is not grounds for the mandatory extension of the period of validity of the permit for construction, reconstruction.

6. Permit for construction, reconstruction is not subject to renewal,

if construction and installation works have not started before the expiration of the deadline for submitting an application for an extension of the permit for construction, reconstruction.

An extension of the period of validity of a building permit, reconstruction may be refused if the reason for the non-completion of work in the earlier deadlines was the elimination of the violations identified in the course of the performance of work, specified in paragraph 1 of part 1 of article 20 of the Law of Moscow No. 50, as well as in the event of non-fulfillment by the developer (customer) of obligations under the agreement (contract) for construction, reconstruction.

7. Grounds for refusal to re-renew the permit

for construction, reconstruction, in the absence of circumstances, may be the adoption, in accordance with the law, by the state authorities of the city of Moscow of a decision on the inappropriateness of continuing construction due to the need to use a plot of land for state needs of the city of Moscow.

Refusal to re-extend the period of validity of a construction permit if it is necessary to use a plot of land for state needs of the city of Moscow entails reimbursement to the developer of costs, losses, and other compensation in accordance with the law.

The Department of Architectural and Construction Inspection of the Novosibirsk City Hall received clarifications federal agency on construction and housing and communal services - Gosstroy on 9 topical issues urban planning legislation which are open to ambiguous interpretation.

Let us recall that the Agency is empowered to provide legal entities and individuals with clarifications on issues related to its field of activity. We suggest that you familiarize yourself with the answers that UASI plans to be guided in its activities along with regulatory documentation.

Question 1. If the building or structure is already partially or fully built, but not in operation.

Should the authority local government when a developer or technical customer submits an application for a building permit and documents provided for in Part 7 of Art. 51 Urban Planning Code RF, issue a permit or should refuse to issue a building permit?

Answer. The issuance of building permits is regulated by article 51 of the Town Planning Code Russian Federation(hereinafter - the code).

In accordance with part 2 of the said article of the Code, construction, reconstruction of capital construction objects are carried out on the basis of a building permit, except for the cases provided for by this article.

The issuance of a building permit in the presence of a partially or fully constructed building (structure) is not provided for by Article 51 of the Code.

Thus, if buildings, structures do not belong to objects for the construction of which a construction permit is not required in accordance with part 17 of Article 51 of the Code, a person carrying out construction without the said permit shall be subject to administrative liability in accordance with Article 9.5 Code of the Russian Federation on administrative offenses, and the constructed object is defined as an unauthorized structure and is subject to demolition in accordance with Article 222 Civil Code Russian Federation.

Question 2. According to the Town Planning Code of the Russian Federation, amendments to a building permit are carried out only in the event of the transfer of rights to land plots or in the formation land plots by division, redistribution or allotment.

Does the local government have the right to amend the building permit, in the event that the developer or technical customer makes changes to the project documentation, provided for in Art. 52 of the Town Planning Code of the Russian Federation?

Answer. In cases where it is necessary to obtain a construction permit, provided for in Article 51 of the Code, in order to obtain such a permit, it is necessary to submit, including materials project documentation.

In accordance with Part 7 of Article 52 of the Code, the deviation of the parameters of the capital construction object from the project documentation, the need for which was revealed in the process of construction, reconstruction, overhaul of such an object is allowed only on the basis of the project documentation newly approved by the developer or technical customer after making appropriate changes to it.

Thus, after making changes and approval by the developer (technical customer) of the corrected project documentation, its parameters do not correspond to the parameters given in the building permit issued before the correction, which is contrary to the provisions of Article 51 of the Code.

In view of the foregoing, and also taking into account the fact that Article 51 of the Code does not contain prohibitions on making changes to a building permit (with the exception of cases provided for in paragraph 3 of part 21.15 of Article 51 of the Code), the local government may amend the issued permit for construction in order to bring such a permit in accordance with the approved project documentation, according to which the construction is being carried out.

Part 21.16 of Article 51 of the Code provides that within five working days from the date of making changes to the building permit by the local government body, this body shall notify the developer of such changes.

Question 3. According to Art. 55 of the Town Planning Code of the Russian Federation, amendments to the permit for putting the facility into operation are not provided. Does the local self-government body have the right to deal with capital construction projects financed from the funds of the relevant budgets, when the developer provides an amended conclusion of the state expertise in terms of estimated cost to make changes to the permits for putting the facility into operation?

Answer. In accordance with Part 1 of Article 55 of the Code, a permit to put an object into operation is a document that certifies the completion of construction, reconstruction of a capital construction object in full in accordance with the building permit, compliance of the constructed, reconstructed capital construction object with the urban development plan land plot and project documentation.

Thus, the permission to put the object into operation is issued only after the completion of the construction of the object. This means that any corrected conclusion of the state expertise submitted by the developer (technical customer) can be issued by the state expertise body as part of the reconstruction of the facility, during which it is necessary to obtain a construction permit in accordance with Article 51 of the Code, and after its completion, permission to enter the facility into operation.

Amendments to the issued permit for putting objects into operation are not provided for by the Code.

Q4 49 of the Town Planning Code of the Russian Federation, is not subject to examination, in terms of its composition and content does not meet the requirements established by Decree of the Government of the Russian Federation of February 16, 2008 No. 87 “On the composition of sections of project documentation and requirements for their content”.

Can the local government refuse to issue a building permit?

Answer. In accordance with Part 13 of Article 48 of the Code, the composition and requirements for the content of sections of project documentation in relation to various types capital construction facilities, including linear facilities, the composition and requirements for the content of design documentation sections in relation to individual stages of construction, reconstruction of capital construction facilities, the composition and requirements for the content of design documentation sections during the overhaul of capital construction facilities, as well as the composition and requirements for the content of sections of project documentation submitted for expert review of project documentation and to state construction supervision bodies are established by the Government of the Russian Federation.

Thus, project documentation, regardless of the need to submit it for examination, must comply with the requirements of the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87.

At the same time, the provisions of Article 51 of the Code do not provide for verification by local authorities of the compliance of project documentation with the specified Regulation.

At the same time, it should be taken into account that, in accordance with Part 5 of Article 48 of the Code, the person preparing project documentation organizes and coordinates work on the preparation of project documentation, is responsible for the quality of project documentation and its compliance with the requirements of technical regulations.

Question 5. For the engineering support of a capital construction facility, the developer sometimes uses modular boiler houses, KTPN (complete ground transformer substation) and other facilities that are factory ready and technical certificate the manufacturer's plant, for which sanitary protection zones often have to be established.

Is it necessary for the specified objects in accordance with Art. 51 of the Town Planning Code of the Russian Federation to obtain building permits?

Answer. In the case of using factory-ready modular installations for the engineering support of the facility, manufactured according to the technical documentation of the manufacturer, such installations are considered as equipment.

At the same time, if their installation is provided for as part of the general design of the capital construction object, then their parameters are included in section 5 "Information on engineering equipment, on networks of engineering and technical support, a list of engineering and technical measures, the content of technological solutions "Regulations on the composition of sections of project documentation and requirements for their content. In this case, a building permit is issued for the entire capital construction project.

If prefabricated modular plants are installed independently, outside the site allocated for the construction of a capital construction facility, then design documentation should be developed for production earthworks, foundations, engineering networks, presented specifications for connection to existing engineering networks, justified boundaries of sanitary protection zones, etc.

In this case, the need to issue a building permit is determined by the requirements of Article 51 of the Code.

Question 6. A permit for the construction of capital construction facilities is issued for the period specified in the construction organization project, which, in accordance with Part 20 of Art. 51 of the Town Planning Code of the Russian Federation, at the request of the developer, it can be extended.

How many times, at the request of the developer, can the building permit be extended if construction has begun?

Answer. Article 51 of the Code^ does not regulate the number of extensions of a building permit, provided that the construction of the object has been started.

Question 7. According to the instructions (approved by the order of the Ministry Regional Development RF dated 19.10.2006 No. 121) on the procedure for filling out the permit form for commissioning an object, the design characteristics of the capital construction object are indicated.

However, the bodies authorized to carry out state registration of property rights to objects real estate, refuse to register the ownership of the objects, since the design characteristics of the object and the characteristics of the object, after the technical inventory authorized bodies in most cases do not comply. The technical plan provided for by Decree of the Government of the Russian Federation of 01.03.2013 No. 175 for issuing a permit for commissioning an object does not contain in full the information specified in the permit, namely, there are no:

- number and area of built-in non-residential premises in apartment buildings,
- number and area of apartments by type (one-room, two-room, etc.). etc.),
- construction volume, including the above-ground part of the building, and so on.

Can the authority that issued the permit to put the facility into operation on design characteristics, make changes to it if the characteristics of the object indicated in the technical plan prepared cadastral engineer, will not correspond to the actual characteristics?

Answer. The position of Gosstroy on this issue is that the permit for putting the object into operation indicates the parameters of the object, determined by the conclusion of the state construction supervision body on the compliance of the constructed object with the design documentation.

At the same time, it is necessary to exclude a formal approach to issuing conclusions on compliance by state construction supervision bodies, as well as to establish possible errors in determining the parameters of an object, which will be taken into account by the relevant authorities when state registration ownership rights to real estate objects.

Question 8 49 of the Town Planning Code of the Russian Federation is not subject to state expertise, and state supervision is not carried out, the local government is authorized to inspect the object for compliance with its requirements established in the building permit, town planning plan of the land plot, as well as the requirements of project documentation (which is confirmed by executive documentation) . However, the authority to check them for compliance with the requirements of technical regulations (norms and rules), including checking the availability and compliance of as-built documentation with the requirements normative documents neither at the facility during construction, nor when putting it into operation, local governments are endowed.

Does the local government authority, when inspecting a capital construction object, have the right to check the executive documentation confirming the compliance of the object with the requirements of technical regulations and project documentation?

Answer. In accordance with Part 3 of Article 55 of the Code, in order to make a decision on issuing a permit to put an object into operation, the developer (technical customer) sends a package of documents to the authorized local government body, including:

a document confirming the compliance of the constructed, reconstructed capital construction facility with the requirements of technical regulations and signed by the person carrying out the construction;

a document confirming the compliance of the parameters of the constructed, reconstructed capital construction facility with the design documentation, including the requirements for energy efficiency and the requirements for equipping the capital construction facility with metering devices used energy resources, and signed by the person carrying out the construction (the person carrying out the construction and the developer or technical customer in the case of construction, reconstruction on the basis of the contract, as well as the person exercising \ construction control, in the case of building control on the basis of an agreement), except for cases of construction, reconstruction of individual housing construction objects.

The provisions of Article 55 of the Code do not provide for verification by local governments of as-built documentation confirming the object's compliance with the requirements of technical regulations and project documentation.

Question 9. According to SNiP 21-02-99 “Car Parking”, underground car parking is allowed to be located in an undeveloped area (under driveways, streets, squares, squares, etc.), which is a public area.

Can the local government refuse to issue a permit for the construction of a capital construction facility if the main building is located in accordance with the requirements of the urban development plan of the land plot, and the built-in underground parking is located under the common area outside the boundaries of the land plot?

Answer. Article 51 of the code determines that the issuance of a construction permit requires the developer to have title documents for the land plot.

The local self-government body has the right to refuse to issue a permit for the construction of the Facility outside the land plot allocated for construction.

6.1. Reception from the developer of an application for issuing a building permit, documents required for obtaining a building permit, informing about the procedure and progress in the provision of services and issuing a building permit can be carried out through a multifunctional center for the provision of state and municipal services(hereinafter - the multifunctional center), and for developers whose names contain the words "specialized developer", also using the unified housing construction information system provided for by Federal Law No. 214-FZ of December 30, 2004 "On participation in shared construction apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation", except for cases where, in accordance with the regulatory legal act of a constituent entity of the Russian Federation, an application for a construction permit is submitted through other information systems that must be integrated with a unified information system for housing construction.

7. For the purpose of construction, reconstruction of a capital construction object, the developer shall send an application for issuance of a construction permit directly to those authorized to issue construction permits in accordance with parts 4 - this article federal agency executive authority, executive authority of the constituent entity of the Russian Federation, local self-government authority, the State Atomic Energy Corporation "Rosatom", the State Corporation for Space Activities "Roskosmos". An application for issuing a building permit may be submitted through a multifunctional center in accordance with an agreement on cooperation between a multifunctional center and a federal executive body authorized to issue building permits in accordance with parts 4 of this article, an executive body of a constituent entity of the Russian Federation, a local authority self-government. The following documents are attached to this application:

(see text in previous edition)

1) documents of title to a land plot, including an easement agreement, a decision to establish a public easement, as well as a diagram of the location of the land plot or land plots on the cadastral plan of the territory, on the basis of which the specified land plot was formed and issued urban plan a land plot in the case provided for by paragraph 1.1 of Article 57.3 of this Code;

(see text in previous edition)

1.1) if there is an agreement on the transfer in cases established by the budgetary legislation of the Russian Federation, a state authority (state body), the State Atomic Energy Corporation "Rosatom", the State Corporation for Space Activities "Roskosmos", the governing body of the state off-budget fund or local self-government body of the powers of the state (municipal) customer, concluded in the course of implementation budget investments, - said agreement, title documents for the land plot of the right holder with whom this agreement is concluded;

(see text in previous edition)

2) urban planning plan of the land plot, issued not earlier than three years before the date of submission of the application for a building permit, or in the case of issuing a building permit linear object details of the territory planning project and the territory surveying project (except for cases in which the construction, reconstruction of a linear facility does not require the preparation of territory planning documentation), the details of the territory planning project in case of issuing a permit for the construction of a linear facility, the placement of which does not require the formation of a land site;

(see text in previous edition)

3) results engineering surveys and the following materials contained in the project documentation approved in accordance with part 15 of Article 48 of this Code:

(see text in previous edition)

a) explanatory note;

b) the scheme of the planning organization of the land plot, made in accordance with the information specified in the urban planning plan of the land plot, and in the case of the preparation of project documentation for linear objects, the project of the right of way, made in accordance with the territory planning project (except for cases in which for construction, reconstruction of a linear facility does not require the preparation of documentation for the planning of the territory);

c) sections containing architectural and Constructive decisions, as well as decisions and measures aimed at ensuring access for persons with disabilities to a capital construction facility (in the case of preparing project documentation for healthcare facilities, education, culture, recreation, sports and other social, cultural and household facilities, transport, trade facilities , public catering, business, administrative, financial, religious facilities, objects housing stock);

d) a project for organizing the construction of a capital construction facility (including a project for organizing demolition of capital construction facilities, their parts, if necessary, demolition of capital construction facilities, their parts for construction, reconstruction of other capital construction facilities);

(see text in previous edition)

4) a positive conclusion of the examination of the project documentation, in accordance with which the construction, reconstruction of the capital construction facility is carried out, including if this project documentation provides for the construction or reconstruction of other capital construction facilities, including linear facilities (in relation to individual stages of construction in the event provided for by Part 12.1 of Article 48 of this Code), if such project documentation is subject to expert review in accordance with Article 49 of this Code, a positive conclusion of the state expert review of project documentation in the cases provided for by Part 3.4 of Article 49 of this Code, a positive conclusion of the state environmental review of project documentation in cases provided for by paragraph 6 of Article 49 of this Code;

(see text in previous edition)

4.2) confirmation of compliance of the changes made to the design documentation with the requirements specified in paragraph 3.8 of Article 49 of this Code, provided by a person who is a member self-regulatory organization, based on the membership of persons involved in the preparation of project documentation, and approved by the specialist engaged by this person in accordance with this Code in the position of chief engineer of the project, in the event of changes to the project documentation in accordance with part 3.8 of Article 49 of this Code ;

4.3) confirmation of the compliance of the changes made to the project documentation with the requirements specified in part 3.9 of article 49 of this Code, provided by the executive authority or the organization that conducted the examination of the project documentation, in case of changes to the project documentation in the course of expert support in accordance with part 3.9 of article 49 of this Code;

5) permission to deviate from the limiting parameters of permitted construction, reconstruction (if the developer was granted such permission in accordance with Article 40 of this Code);

6) the consent of all the right holders of the capital construction object in the event of the reconstruction of such an object, with the exception of the cases of reconstruction specified in paragraph 6.2 of this part apartment building;

(see text in previous edition)

6.1) in case of reconstruction by a state (municipal) customer, which is a state authority (state body), the State Atomic Energy Corporation "Rosatom", the State Corporation for Space Activities "Roskosmos", a management body of a state non-budgetary fund or a local government body, on object of capital construction of state (municipal) property, the right holder of which is state (municipal) unitary enterprise, state (municipal) budget or autonomous institution, in respect of which the specified body exercises, respectively, the functions and powers of the founder or the rights of the owner of the property - an agreement on such reconstruction, which determines, among other things, the conditions and procedure for compensating for damage caused to the specified object during the reconstruction;

(see text in previous edition)

6.2) solution general meeting owners of premises and parking spaces in apartment building, adopted in accordance with housing legislation in the event of the reconstruction of an apartment building, or if as a result of such reconstruction there will be a reduction in the size common property in an apartment building, the consent of all owners of premises and parking spaces in an apartment building;

(see text in previous edition)

7) a copy of the certificate of accreditation of the legal entity that issued a positive conclusion of the non-state examination of the project documentation, if the conclusion of the non-state examination of the project documentation is submitted;

8) documents, provided by law Russian Federation about objects cultural heritage, in the event that the design and other characteristics of the reliability and safety of such an object are affected during the work on the preservation of a cultural heritage object;

9) a copy of the decision to establish or change a zone with special conditions for the use of the territory in the event of the construction of a capital construction facility, in connection with the placement of which, in accordance with the legislation of the Russian Federation, a zone with special conditions for the use of the territory is to be established, or in the case of reconstruction of a capital construction facility, in as a result of which, in relation to the reconstructed object, a zone with special conditions for the use of the territory is to be established or a previously established zone with special conditions for the use of the territory is subject to change;

10) a copy of the agreement on the development of the built-up area or the agreement on the integrated development of the territory, if the construction, reconstruction of capital construction objects is planned to be carried out within the boundaries of the territory in respect of which the local government has made a decision on the development of the built-up area or a decision on the integrated development of the territory on the initiative body of local self-government, except for the case when a decision is made on the independent implementation of the integrated development of the territory.

(see text in previous edition)

7.1. The documents (their copies or information contained in them) specified in clauses 1 - , , and 10 of part 7 of this article are requested by the bodies specified in paragraph one of part 7 of this article, in state bodies, local governments and subordinate government bodies or local self-government organizations that have the said documents at their disposal, if the developer has not submitted the said documents on his own.

(see text in previous edition)

At interdepartmental requests of the bodies specified in paragraph one of part 7 of this article, documents (their copies or information contained in them) are provided by state bodies, local governments and organizations subordinate to state bodies or local governments that have the said documents at their disposal, in no later than three working days from the date of receipt of the relevant interdepartmental request.

(see text in previous edition)

7.2. The documents specified in paragraphs 1 and 4 of part 7 of this article are sent by the applicant independently if the indicated documents (their copies or information contained in them) are not in the Unified state register real estate or the unified state register of conclusions.

(see text in previous edition)

10. It is not allowed to demand other documents for obtaining a building permit, with the exception of the documents specified in paragraph 7 of this article. The documents provided for by paragraph 7 of this article may be sent to electronic form. A building permit is issued in the form of an electronic document signed by electronic signature, if it is specified in the application for a building permit. The Government of the Russian Federation or the highest executive body of state power of a constituent entity of the Russian Federation (in relation to cases of issuing a construction permit by executive authorities of constituent entities of the Russian Federation, local government bodies) may establish cases in which the direction of the documents specified in Part 7 of this Article and the issuance of permits for construction is carried out exclusively in electronic form. The procedure for sending the documents specified in Part 7 of this Article to the federal executive authorities authorized to issue construction permits, executive authorities of the subjects of the Russian Federation, local governments and organizations in electronic form is established by the Government of the Russian Federation.

(see text in previous edition)

10.1. In the event that the construction or reconstruction of a capital construction object is planned within the boundaries of the territory historical settlement federal or regional significance, the application for issuing a building permit may be accompanied by a conclusion of the executive authority of the constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects, on the compliance of the section of the project documentation of the capital construction object, containing architectural solutions, with the subject of protection of the historical settlement and the requirements for architectural solutions capital construction projects established by the urban planning regulations in relation to the territorial zone located within the boundaries of the territory of a historical settlement of federal or regional significance.

(see text in previous edition)

10.2. The developer has the right to carry out the construction or reconstruction of a capital construction object within the boundaries of the territory of a historical settlement of federal or regional significance in accordance with the standard architectural design of the capital construction object, approved in accordance with Federal Law of June 25, 2002 N 73-ФЗ "On Cultural Heritage Objects history and culture) of the peoples of the Russian Federation" for this historical settlement. In this case, the application for issuing a building permit indicates such a typical architectural solution.

(see text in previous edition)

ConsultantPlus: note.

The term for consideration of an application for a building permit, provided for in Part 11 of Art. 51 (as amended on December 27, 2019 N 472-FZ), not applicable

11. The federal executive body authorized to issue construction permits, the executive body of a constituent entity of the Russian Federation, the local self-government body, the State Corporation for Atomic Energy "Rosatom" or the State Corporation for Space Activities "Roscosmos" within five working days from the date of receipt of the application on the issuance of a building permit, except for the case provided for by paragraph 11.1 of this article:

(see text in previous edition)

1) check the availability of documents necessary for making a decision on issuing a building permit;

(see text in previous edition)

2) check the compliance of project documentation with the requirements for the construction, reconstruction of a capital construction facility established on the date of issue of the urban planning plan of the land plot submitted for obtaining a building permit, or in the case of issuing a permit for the construction of a linear facility, with the requirements of the territory planning project and the land surveying project (for except for cases in which the construction, reconstruction of a linear facility does not require the preparation of planning documentation), the requirements established by the territory planning project in the event of issuing a permit for the construction of a linear facility, which does not require the formation of a land plot, as well as the admissibility of placing a capital object construction in accordance with the permitted use of the land plot and the restrictions established in accordance with the land and other legislation of the Russian Federation. In the event that a person is issued a permit to deviate from the limit parameters of permitted construction, reconstruction, the project documentation is checked for compliance with the requirements established in the permit for deviation from the limit parameters of permitted construction, reconstruction;

(see text in previous edition)

3) issue a building permit or refuse to issue such a permit, indicating the reasons for refusal.

11.1. If an application for issuance of a permit for the construction of a capital construction facility, which is not a linear facility and the construction or reconstruction of which is planned within the boundaries of the territory of a historical settlement of federal or regional significance, has been submitted, and the conclusion specified in part 10.1 of this article, or the application for the issuance of a construction permit does not contain an indication of a typical architectural solution, in accordance with which the construction or reconstruction of a capital construction object is planned, the federal executive body authorized to issue building permits, the executive body of the subject of the Russian Federation , local self-government body, the State Corporation for Atomic Energy "Rosatom" or the State Corporation for Space Activities "Roskosmos":

(see text in previous edition)

1) within three days from the date of receipt of the said application, they check the availability of the documents necessary for making a decision on issuing a construction permit, and send the section of the project documentation of the capital construction object attached to it, containing architectural solutions, to the executive authority of the constituent entity of the Russian Federation, authorized in the field of protection of cultural heritage, or refuse to issue a building permit in the absence of documents necessary for making a decision on issuing a building permit;

(see text in previous edition)

3) within thirty days from the date of receipt of the said application, issue a building permit or refuse to issue such a permit, indicating the reasons for refusal.

11.2. The executive authority of the constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects, within twenty-five days from the date of receipt from the body or organization authorized in accordance with this Code to issue construction permits, a section of the project documentation of a capital construction object containing architectural solutions , considers the specified section of the project documentation of the capital construction object and sends to the indicated body or organization a conclusion on the compliance or non-compliance of the specified section of the project documentation of the capital construction object with the subject of protection of the historical settlement and the requirements for architectural solutions for capital construction objects established by the urban planning regulations in relation to the territorial zone located within the boundaries of the territory of a historical settlement of federal or regional significance. Sending by the body or organization authorized in accordance with this Code to issue construction permits, the specified section of the project documentation of the capital construction object to the executive authority of the constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects, and sending by the executive authority of the constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects specified in this part, the conclusions to the body or organization authorized in accordance with this Code to issue building permits are carried out in the manner of interdepartmental information interaction.

(see text in previous edition)

12. The federal executive body authorized to issue construction permits, the executive body of a constituent entity of the Russian Federation, the local self-government body, the State Corporation for Atomic Energy "Rosatom" or the State Corporation for Space Activities "Roscosmos" at the request of the developer may issue a permit for individual stages construction, reconstruction.

(see text in previous edition)

12.1. The federal executive body authorized to issue building permits, the executive body of a constituent entity of the Russian Federation, the local self-government body, the State Atomic Energy Corporation "Rosatom" or the State Corporation for Space Activities "Roskosmos" within ten days from the date of issuance of a construction permit to the developer in within the boundaries of the aerodrome area, submit a copy of such permission to the federal executive body authorized by the Government of the Russian Federation.

(see text in previous edition)

12.2. The federal executive body authorized by the Government of the Russian Federation, within thirty days, checks the compliance of the issued construction permit with the restrictions on the use of real estate objects established on the aerodrome territory, and in case of detection of a violation of the restrictions on the use of real estate objects established on the aerodrome territory, sends to the federal executive authority, an executive authority of a constituent entity of the Russian Federation, a local self-government body, the State Atomic Energy Corporation Rosatom or the State Corporation for Space Activities Roscosmos, an order to terminate the construction permit.

(see text in previous edition)

13. The federal executive body authorized to issue building permits, the executive body of a constituent entity of the Russian Federation, the local self-government body, the State Corporation for Atomic Energy "Rosatom" or the State Corporation for Space Activities "Roskosmos" refuse to issue a building permit in the absence of documents provided for in paragraph 7 of this article, or non-compliance of the submitted documents with the requirements for the construction, reconstruction of the capital construction facility, established on the date of issue of the urban planning plan of the land plot submitted for obtaining a building permit, or in the case of issuing a permit for the construction of a linear facility with the requirements of the territory planning project and the project land surveying (with the exception of cases in which the construction, reconstruction of a linear facility does not require the preparation of documentation for the planning of the territory), as well as the permitted the use of the land plot and (or) the restrictions established in accordance with the land and other legislation of the Russian Federation and in force on the date of issue of the construction permit, the requirements established in the permit for deviation from the limiting parameters of the permitted construction, reconstruction. Failure to receive or untimely receipt of the documents requested in accordance with paragraph 7.1 of this article may not be grounds for refusing to issue a building permit. In the case provided for by part 11.1 of this article, the grounds for refusing to issue a construction permit is also a conclusion received from the executive authority of the constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects that a section of the project documentation of a capital construction object does not correspond to the subject of protection of a historical settlement and requirements for architectural solutions for capital construction objects established by urban planning regulations in relation to the territorial zone located within the boundaries of the territory of a historical settlement of federal or regional significance. If the construction, reconstruction of a capital construction object is planned on the territory in respect of which the local government has made a decision on the development of a built-up area or a decision on the integrated development of the territory at the initiative of the local government, the reason for refusing to issue a building permit is also the lack of documentation according to the planning of the territory approved in accordance with the agreement on the development of a built-up territory or the agreement on the integrated development of the territory (except for the case of a decision on the independent implementation of the integrated development of the territory).

(see text in previous edition)

14. Refusal to issue a building permit may be challenged by the developer in court.

15. The issuance of a construction permit is carried out by the federal executive body authorized to issue a construction permit, the executive body of a subject of the Russian Federation, the local self-government body, the State Atomic Energy Corporation "Rosatom" or the State Corporation for Space Activities "Roscosmos" without charging a fee. Within three days from the date of issuance of a construction permit, these bodies, the State Corporation for Atomic Energy "Rosatom" or the State Corporation for Space Activities "Roskosmos" send a copy of such a permit to the federal executive body authorized to exercise state construction supervision, in the event that if a permit has been issued for the construction of capital construction facilities specified in paragraph 5.1 of Article 6 of this Code, or to the executive authority of a constituent entity of the Russian Federation authorized to exercise state construction supervision, if a permit has been issued for the construction of other capital construction facilities.

(see text in previous edition)

15.1. In the cases provided for in clause 9 of part 7 of this article, within three working days from the date of issuance of a construction permit, the federal executive body, the executive body of a constituent entity of the Russian Federation, the local self-government body, the State Atomic Energy Corporation authorized to issue construction permits " Rosatom" or the State Corporation for Space Activities "Roscosmos" send (including using unified system interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it) a copy of such permission to the state authorities or local governments that have decided to establish or change a zone with special conditions for the use of the territory in connection with the placement of an object for construction purposes, the reconstruction of which was issued building permit.

17. Issuance of a building permit is not required in case of:

1) construction, reconstruction of a garage on a land plot provided to an individual for purposes other than implementation entrepreneurial activity, or construction, reconstruction on a garden plot of a residential building, garden house, outbuildings, determined in accordance with the legislation in the field of horticulture and horticulture;

(see text in previous edition)

1.1) construction, reconstruction of objects of individual housing construction;

2) construction, reconstruction of objects that are not objects of capital construction;

(see text in previous edition)

3) construction of buildings and structures on the land plot auxiliary use;

4) changes in capital construction facilities and (or) their parts, if such changes do not affect the design and other characteristics of their reliability and safety and do not exceed the limit parameters of permitted construction, reconstruction, established by the urban planning regulations;

(see text in previous edition)

4.1) overhaul of capital construction facilities;

4.2) construction, reconstruction of boreholes provided for prepared, agreed and approved in accordance with the legislation of the Russian Federation on subsoil technical project development of mineral deposits or other project documentation for the performance of work related to the use of subsoil plots;

4.3) construction, reconstruction of embassies, consulates and representative offices of the Russian Federation abroad;

4.4) construction, reconstruction of facilities intended for the transportation of natural gas under pressure up to 0.6 megapascal inclusive;

4.5) placement of antenna supports (masts and towers) up to 50 meters high, designed to accommodate communication facilities;

5) in other cases, if in accordance with this Code, regulatory legal acts The Government of the Russian Federation, the legislation of the constituent entities of the Russian Federation on urban planning activities do not require a building permit.

(see text in previous edition)

18. The federal executive body, the executive body of the constituent entity of the Russian Federation, the local self-government body, the State Corporation for Atomic Energy "Rosatom" or the State Corporation for Space Activities "Roscosmos", which issued a construction permit, within five working days from the date of issuance of such permits provide (including using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it) transfer to those authorized for placement in state information systems ensuring town-planning activities, state authorities of the constituent entities of the Russian Federation, local governments of municipal districts, urban districts of information, documents, materials specified in paragraphs 3.1 - 3.3 and 6 of part 5 of Article 56 of this Code.

(see text in previous edition)

19. A construction permit is issued for the entire period provided for by the project for organizing the construction of a capital construction facility, except for cases where such a permit is issued in accordance with part 12 of this article. Permission for individual housing construction issued for ten years.

(see text in previous edition)

21. The period of validity of a building permit upon transfer of the right to a land plot and capital construction facilities is preserved, except for the cases provided for by part 21.1 of this article.

(see text in previous edition)

21.1. The validity of a construction permit is terminated on the basis of a decision of the federal executive body authorized to issue construction permits, the executive body of a constituent entity of the Russian Federation, the local self-government body, the State Atomic Energy Corporation "Rosatom" or the State Corporation for Space Activities "Roscosmos" authorized to issue construction permits in the event of:

(see text in previous edition)

1) compulsory termination of the right of ownership and other rights to land plots, including the withdrawal of land plots for state or municipal needs;

1.1) receipt of an order from the federal executive body authorized by the Government of the Russian Federation to terminate the construction permit on the basis of non-compliance of the construction permit with the restrictions on the use of real estate objects established on the aerodrome territory;

2) renunciation of the right of ownership and other rights to land plots;

3) termination of the lease agreement and other agreements on the basis of which citizens and legal entities have rights to land plots;

4) termination of the right to use subsoil, if a construction permit is issued for the construction, reconstruction of a capital construction facility on a land plot provided to the user of the subsoil and necessary for conducting work related to the use of subsoil.

21.2. Authorized to issue construction permits by the federal executive body, the executive body of the constituent entity of the Russian Federation, the local government, the State Atomic Energy Corporation "Rosatom" or the State Corporation for Space Activities "Roskosmos" make a decision to terminate the construction permit within a period not more than thirty working days from the date of termination of the rights to a land plot or the right to use subsoil on the grounds specified in part 21.1 of this article.

(see text in previous edition)

21.3. Bodies authorized to provide information from the Unified State Register of Real Estate provide information on state registration of the termination of rights to land plots on the grounds specified in paragraphs 1-3 of part 21.1 of this article, by providing access to public authorities and local governments to information resource containing information from the Unified State Register of Real Estate.

(see text in previous edition)

21.4. Authorized to issue construction permits by the federal executive body, the executive body of the subject of the Russian Federation, the local government, the State Atomic Energy Corporation "Rosatom" or the State Corporation for Space Activities "Roskosmos" also makes a decision to terminate the construction permit in time specified in part 21.2 of this article upon receipt of one of the following documents:

(see text in previous edition)

1) notification of the executive body of state power or local self-government body that has made a decision to terminate the rights to a land plot;

2) notification of the executive body of state power or local self-government body that has made a decision to terminate the right to use subsoil.

21.5. physical or entity, which has acquired the rights to a land plot, is entitled to carry out construction, reconstruction of a capital construction facility on such a land plot in accordance with a construction permit issued to the former owner of the land plot.

21.6. If a land plot is formed by combining land plots in respect of which or one of which a building permit has been issued in accordance with this Code, an individual or legal entity that has the right to the formed land plot has the right to carry out construction on such a land plot on the terms contained in the said building permit.

21.7. In the event of the formation of land plots by division, redistribution of land plots or allocation from land plots in respect of which a construction permit has been issued in accordance with this Code, an individual or legal entity that has the right to the formed land plots has the right to carry out construction on such land plots. plots on the terms contained in the specified building permit, in compliance with the requirements for the placement of capital construction objects established in accordance with this Code and land legislation. In this case, it is required to obtain a town-planning plan for the formed land plot, on which it is planned to carry out construction, reconstruction of a capital construction facility. A previously issued urban planning plan for a land plot, from which land plots are formed by division, redistribution of land plots or allocation from land plots, becomes invalid from the date of issuance of an urban planning plan for one of the formed land plots.

21.8. In the event that land plots were formed within the boundaries of the zone of location of a linear facility provided for by the territory planning project, and if project documentation developed on the basis of the territory planning project and the land surveying project was submitted to obtain a permit for the construction of a linear facility, the previously issued permit remains valid for the construction of such a facility and amendments to such a permit are not required.

21.9. In case of re-issuance of a license for the use of subsoil, a new subsoil user has the right to carry out construction, reconstruction of a capital construction facility on a land plot provided to a subsoil user and necessary for carrying out work related to subsoil use, in accordance with a previously issued construction permit. part 21.7 paragraphs 1 21.13. If the Unified State Register of Real Estate does not contain information on title documents for a land plot, a copy of such documents to the federal executive body authorized to issue construction permits, the executive body of a constituent entity of the Russian Federation, the local government, the State Atomic Energy Corporation "Rosatom" or the State Corporation for Space Activities "Roscosmos" is obliged to submit the person specified in part 21.5 of this article.

(see text in previous edition)

ConsultantPlus: note.

The term for consideration of an application for amendments to a building permit, provided for in Part 21.14 of Art. 51 (as amended on December 27, 2019 N 472-FZ), does not apply if it was submitted before December 28, 2019.

21.14. Within a period of not more than five working days from the date of receipt of the notification specified in paragraph 21.10 of this article, or from the date of receipt of the developer's application for amendments to the construction permit (including in connection with the need to extend the validity of the construction permit), authorized to issuance of construction permits, the federal executive authority, the executive authority of a constituent entity of the Russian Federation, the local self-government authority, the State Corporation for Atomic Energy "Rosatom" or the State Corporation for Space Activities "Roskosmos" make a decision to amend the construction permit or to refuse making changes to such permission, indicating the reasons for refusal. If a developer's application for amendments to a building permit is received, except for an application for amendments to a construction permit solely in connection with the extension of the period of validity of such a permit, the documents specified in paragraph 7 of this article are required to make a decision on amendments to a construction permit. . Submission of these documents is carried out according to the rules established by parts 7.1 and 7.2 of this article. Notification, documents provided for in paragraphs 1-4 of part 21.10 of this article, an application for amendments to a building permit (including in connection with the need to extend the validity of a building permit), as well as documents provided for in part 7 of this article, in cases , if their submission is required in accordance with this part, may be sent in the form of electronic documents. The decision to amend the building permit or to refuse to amend the building permit shall be sent in the form of an electronic document signed with an electronic signature, if this is indicated in the application for amending the building permit. of this Article, in the event of receipt of an application for amendments to a building permit, except for an application for amendments to a construction permit solely in connection with the extension of the period of validity of such a permit; of this article;

(see text in previous edition)

4) non-compliance of the planned location of the capital construction object with the requirements for construction, reconstruction of the capital construction object, established on the date of issuance of the building permit submitted for obtaining a building permit or for amending the building permit of the urban planning plan of the land plot in the event of an application for amending the building permit , except for an application for amendments to a building permit solely in connection with the extension of the period of validity of such a permit. If a town planning plan for a land plot issued after the receipt of a building permit is submitted for amendment to a building permit, such town planning plan must be issued no earlier than three years before the date of sending an application for amendments to a building permit;

5) non-compliance of the planned capital construction facility with the permitted use of the land plot and (or) restrictions established in accordance with the land and other legislation of the Russian Federation and in force on the date of the decision to amend the building permit, in the case provided for by Part 21.7 of this article, or in the case of a developer's application for amendments to a building permit, other than an application for amendments to a construction permit solely in connection with the extension of the period of validity of such a permit;

6) non-compliance of the planned location of the capital construction object with the requirements established in the permit for deviation from the limiting parameters of the permitted construction, reconstruction, in the event that the developer's application for amendments to the construction permit is received, except for the application for amendments to the construction permit solely in connection with the extension the period of validity of such permission;

7) that the federal executive body, the executive body of the constituent entity of the Russian Federation, the local self-government body, the State Atomic Energy Corporation "Rosatom" or the State Corporation for Space Activities "Roskosmos" have information about the information identified in the framework of the state construction supervision, state land supervision or municipal land control the fact of the absence of commenced construction, reconstruction works on the day of filing an application for amendments to a construction permit in connection with the extension of the validity of such a permit or information from the state construction supervision body about the absence of a notice of the commencement of these works, if the sending of such a notice is mandatory in accordance with the requirements of paragraph 5 of Article 52 of this Code, if the introduction of amendments to the building permit is related to the extension of the period of validity building permits. In this case, the federal executive body authorized to issue construction permits, the executive body of the constituent entity of the Russian Federation, the local government body are obliged to request such information from the relevant government body or local government body, including using a unified system of interdepartmental electronic interaction and connected to it regional systems of interdepartmental electronic interaction;

(see text in previous edition)

8) submission of an application for amending the building permit less than ten working days before the expiration of the building permit.

21.16. Within five working days from the date of the decision to terminate the construction permit or from the date of amendments to the construction permit by the federal executive authority, the executive authority of the subject of the Russian Federation, the local government, the State Nuclear Energy Corporation, authorized to issue construction permits Energy "Rosatom" or the State Corporation for Space Activities "Roskosmos" these bodies, organization, state corporation notify of such decision or such changes:

(see text in previous edition)

1) the federal executive body or the executive body of a constituent entity of the Russian Federation, exercising state building supervision during the construction, reconstruction of a capital construction object, the validity of the construction permit for which has been terminated or a change has been made to the construction permit for which; requirements of the legislation of the Russian Federation on state secrets.

According to the laws of the Russian Federation, it is necessary to obtain a building permit for certain period specified in the project documentation. For IZHS objects, including during the construction of garden, residential buildings, outbuildings, this document not required. It happens that the designated time has passed, and the capital construction object has not been completed and has not been put into operation. In such a situation, it is required to take action, make changes to the project and obtain an extension of the building permit. What do I need to do?

Permits are subject to laws such as:

urban planning code of Russia;
order No. 251 dated 02.07.09 of the Ministry of Regional Development of the Russian Federation.

Permission to extend the construction period is regulated by Art. 51 of the Town Planning Code, clause 21.14. It applies to buildings not completed by the time specified in the project. These issues are dealt with by the territorial department of architecture and urban planning for the area where the objects are located.

What documents are needed?

In order to renew the permit, you will need to prepare the following package of documents:

statement;
original building permit;
a positive opinion of experts on the possibility of extending the terms of the ongoing construction;
conclusion about the current state of the object.

Important! The act of construction is issued by representatives of the commission of the district administration. Without this document, it will not be possible to extend the period.

To confirm that the work has been carried out, you will need to contact the district administration. After that, a commission is formed, which will arrive at the facility on the appointed date. If the specialists make sure that the construction of the building is moving, albeit slowly, then an appropriate act will be issued.

Further, a paper is provided confirming the right to make adjustments. The reasons for making changes can be both an extension of the construction period and others. Depending on them, the developer will need to prepare documents. For example, you may need:

resolution on the division or consolidation of a land plot;
documents for making adjustments in the name of the developer;
order to change the address of the building, etc.

Procedure

Documents for the renewal of a building permit are sent in several ways:

personally to the Department of Architecture and Urban Planning in the district;
through the State Services portal;
by registered mail through the Russian Post;
at the MFC;
via email.

When preparing documentation for in electronic format EDS is required. Samples of the application can be found on thematic stands in the territorial office. When sending a document by mail, it is necessary to clarify in advance the address of the municipal department dealing with this issue.

Registration through the portal of public services

Everybody more people prefer to save time and receive services via the Internet. To apply through the State Services Portal, you will need:

Log in to the site.
Enter information from an existing permit.
State the reason for the extension.
Attach a package of documents in scanned form.
Choose convenient way receiving a response.
Submit an application for consideration.

The process of registration of the service is controlled through mobile app, Personal Area or e-mail. On specified address You will receive a notification about whether the application has been accepted and about the process of its consideration. If the result is positive, the permit will be sent to the applicant in electronic form, signed with an EDS.

Important! It is necessary to pay attention to the requirements for scanned copies of documentation. Their size should not exceed 1 GB.

Renewal terms

An application for an extension of the term for the construction of a building must be submitted no later than 10 working days before the expiration date of the previous document. After accepting the application, representatives of the territorial body must give a positive or negative answer within 7 days. Refusal must be reasoned by authorized persons.

Submitting an application is free. With a positive decision, the construction period is extended by the specified time. After its expiration, it is necessary to complete the facility and put it into operation.

Why might they refuse?

The main reason you may encounter is that construction did not start within the specified time frame.. To obtain documents for the possibility of extending the work, it is necessary to prove that construction is underway. This is done with the help of an act drawn up by an expert commission.

A developer may be denied a permit if: documents submitted to the department incomplete. A building permit, if it is expired, will need to be issued again in the general manner.

The issued document is valid for the entire period, even when the owner of the land changes. But it is found that he loses his power. This happens for the following reasons:

when a site is withdrawn for state needs, taking into account the current legislation;
when terminating a lease agreement for a land plot;
in connection with the refusal of the developer to erect the building;
By the tribunal's decision;
at the end of the right to use the subsoil;
in case of violation of the requirements specified in the construction documentation, etc.

Obtaining permission to extend the construction period of a building is a simple procedure. It is important to apply in time to the authorized department for the location of the facility and collect the required package of documents. If work is underway on the site, then there should be no problems. In the event that he does not agree with him, he may appeal the decision in accordance with applicable law. In case of a negative result of the request for an extension of the period, you will need

If you have any questions, you can ask them free of charge to the lawyers of the company in the form below. The answer of a competent specialist will help you make the right decision.