The construction of new buildings and structures, as well as other construction works are carried out on the basis of certain permits. Issues related to the construction industry are governed by the Civil Code of the Russian Federation, the Federal Law "On Architectural Activities in the Russian Federation", the Urban Planning Code of the Russian Federation, the Federal Law "On Assistance to the Development of Housing Construction", as well as other regulatory legal acts.
What is a building permit
A building permit is a document that establishes the right of the owner, proprietor, tenant or user of any real estate object to develop a plot, its construction, as well as the reconstruction of the building and landscaping (clause 1 of Article 62 of the Urban Planning Code of the Russian Federation).
The application form for the issuance of a building permit, the process and terms of consideration of this application, the list of materials submitted for consideration, the form of the permit, the process and deadline for its entry into force, as well as the sequence of appealing against the refusal to issue a building permit are set out in the Urban Planning Code. They are presented in the form of laws and other regulatory legal acts of the constituent entities of the Russian Federation.
The building permit and the approved design documentation are subsequently registered by local authorities (clause 4 of article 62 of the RF Urban Planning Code). This Code contains a detailed list of rules according to which a refusal to grant a building permit is possible.
Refusal of a building permit
The local government may refuse a permit if the project documentation does not comply with the approved use of the site or the given building rules and regulations. The decision of the local government to issue or refuse a building permit may be challenged in court.
A building permit has a limited validity period. In accordance with the City Planning Code, it should not exceed 3 years. But this permission can be extended on the basis of the customer's application. The process and timeline for renewing a building permit is ultimately approved by the local government.
According to the Urban Planning Code, a building permit is not required if the construction of real estate objects is not related to structural and other elements of the reliability and safety of buildings and structures, as well as in the case of the construction of temporary structures on sites that are necessary for construction and installation work.
The Law "On Architectural Activity in the Russian Federation" establishes an additional criterion, the presence of which requires the issuance of a permit: a change in the appearance of buildings in a city or other settlements and their facilities (clause 2, article 3). When transferring ownership of real estate objects, the validity of the building permit is retained, however, it is subject to re-registration.
