Penalty for illegal construction of a garage. What is the penalty for building without a building permit? Legalizing a self-willed garage

The penalty for squadron can be challenged... In 90% of cases, our clients do not have to pay a fine for unauthorized construction. Our specialists have extensive experience, and already at the first consultation will be able to predict the chances of not paying a fine for construction without a permit.

Construction without a building permit is not uncommon in our country. There are many reasons that lead developers, contractors and owners land plots to engage in unauthorized construction. Such reasons include the complexity of the process of project approval itself (registration a large number permits), and the complexity of the land allocation process itself. Most often, the problems associated with unauthorized construction are encountered at the final stage - at the stage of registration of ownership of the building and putting it into operation.

Part 1 of Article 222 " Civil Code RF "explains that" unauthorized construction refers to a residential house, structure, structure or other immovable property that was erected on a land plot not intended for these purposes, or a structure created without obtaining the necessary permits for this or in violation of construction and urban planning rules and regulations. "

The main legal consequences of illegal construction are that the entity that carried out this construction does not acquire ownership rights to it.

In this case, the following legal consequences arise:

• ownership in this case can only apply to the materials used for the construction unauthorized construction;
• unauthorized structure cannot be considered real estate and, accordingly, cannot be registered with the institutions of justice;
• accordingly, no transactions can be made with this object, it cannot be inherited, it is impossible to receive a pledge or mortgage against it.
• It should also be noted that acquisitive prescription cannot be applied to an unauthorized structure that was erected on an illegally occupied site.

Upon detection of an object of unauthorized construction, in accordance with Part 1 of Article 9.5. "Code of Administrative Offenses of the Russian Federation" - "Construction, reconstruction, overhaul of facilities capital construction without a building permit in the event that for the implementation of construction, reconstruction, overhaul of capital construction facilities it is envisaged to obtain construction permits ", and also, in accordance with the provisions of Article 28.3, paragraph 2 of Article 28.4, Article 25.11 of the Administrative Code of the Russian Federation, law enforcement agencies have the right to initiate a case on an administrative offense. "

Preparing to build your own home takes a lot of time, effort and money. Not surprisingly, some developers are trying to circumvent some of the rules of the law. One of these, often ignored norms, is obtaining a building permit. Despite the fact that such situations are quite common, you should not do this.

Building a house, without obtaining a building permit, threatens not only with the fact that it is impossible to register ownership of such real estate, but also the house in which you have invested a lot of money and effort can be recognized as an unauthorized building, as a result of which it will have to be demolished and besides, pay a considerable fine!

About building permission

According to the City Planning Code, a building permit must be obtained for any capital construction project. Under the object of capital construction (OCS), it is customary to understand buildings rigidly tied to the ground. Based on this norm of the law, you can build a temporary hut, a gazebo and other objects on the farm building site that do not have a foundation without permission.

The residential building has all the signs of an ACS: rigid attachment to the ground, the impossibility of transferring without serious damage. Therefore, permission must be obtained, otherwise, your house will be recognized as illegal, you will be caught demolishing it at your own expense, and besides, an administrative fine will be imposed!

What do you need to start building without a fine?

In accordance with Art. 51 GrK, to obtain a building permit you will need:

• Issue GPZU and SPOZU. To do this, you must perform a topographic survey of the site in advance and coordinate it with the regulatory authorities (water utility, gas workers, etc.).
• Develop and agree on a project with regulatory authorities, and sometimes conduct an examination.

These documents, together with the application and the certificate of ownership, must be submitted to the local authorities. If all documents are in order and the law is respected, you will be given a permit. Next, you need to get an order to conduct earthworks, and construction can begin.

Attention!!! If you were denied permission, you must eliminate (if possible) the violations that led to the refusal and go through the procedure again. Without this, it is impossible to start construction work! The building will be declared illegal!

Period of validity of a building permit

A building permit for a house IZHS is valid for 10 years. If you started construction, but the construction was delayed, and you did not meet the 10-year deadline, the permit can be renewed. It must be remembered that if the construction was never started, the permit will not be extended to you. The whole procedure will have to be repeated.

Per illegal construction administrative sanctions will be imposed. The punishment for squatter is spelled out in Art. 9.5 Administrative Code. The violator is obliged to dismantle the building and pay a fine. The amount of the fine depends on the legal status of the developer:

• Individuals- 2-5 thousand rubles.
• Officials- 20-50 thousand rubles.
• Entrepreneurs- 20-50 thousand rubles and deprivation of the right to engage in entrepreneurial activity for up to 3 months.
• Legal entities- from 500 thousand to 1 million rubles and the suspension of the company's activities for up to 3 months.

Attention!!! Certain types of construction and renovation work can be carried out without obtaining a permit. In order not to fall into a legal trap, before starting construction, consult with a specialist.

Fines can also be imposed upon detection of the following violations:

• Reconstruction of buildings included in the cultural heritage.
• Construction without taking into account the intended purpose of the site (for example, the construction of a residential building on agricultural land).
• Laying communications without permission from regulatory authorities.
• Late notification of the start of construction.
• Reopening by suspended construction supervision construction works until the identified violations are eliminated.
• Actual operation of the building without obtaining a permit.

Penalties- is not the only problem that the owner of unauthorized construction will face. Such a building can only be legalized in judicial procedure, but, as practice shows, the courts are not always on the side of a person who has grossly violated the law.

If you want your construction of a house to take place in accordance with the current legislation of the Russian Federation, and do not want to feel the litigation of court cases on yourself. Contact our specialists for help, we will advise you and help you do everything Required documents for official construction Houses.

A revision of the document has been prepared with changes that have not entered into force

Administrative Code of the Russian Federation Article 9.5. Violation of the established procedure for construction, reconstruction, overhaul of a capital construction object, its commissioning

The authorized body wants to bring an organization (IP) to responsibility for violation of the procedure for construction, reconstruction or overhaul of a capital construction object

The authorized body wants to hold the organization (IE) accountable for the operation of a capital construction facility without a permit for commissioning

The organization (IP) disputes the prosecution for violation of the procedure for construction, reconstruction or overhaul of a capital construction object

The organization (IP) disputes the prosecution for the operation of a capital construction facility without a permit for commissioning

1. Construction, reconstruction of capital construction facilities without a construction permit, if for the implementation of construction, reconstruction of capital construction facilities it is envisaged to obtain construction permits, -

(see text in previous edition)

Entail overlap administrative fine for citizens in the amount of two thousand to five thousand rubles; on the officials- from twenty thousand to fifty thousand rubles; on persons carrying out entrepreneurial activity without forming a legal entity - from twenty thousand to fifty thousand rubles or administrative suspension of their activities for up to ninety days; on the legal entities- from five hundred thousand to one million rubles or administrative suspension of their activities for up to ninety days.

(see text in previous edition)

2. Violation of the terms of referral to the federal executive body authorized for the implementation of state construction supervision, the State Atomic Energy Corporation "Rosatom", the executive body of the subject Russian Federation notifications of the start of construction, reconstruction of capital construction facilities or failure to notify the federal executive body authorized to exercise state construction supervision, State corporation on nuclear energy "Rosatom", the executive body of the constituent entity of the Russian Federation on the timing of completion of works that are subject to verification -

(see text in previous edition)

shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from ten thousand to thirty thousand rubles; for persons engaged in entrepreneurial activity without forming a legal entity - from ten thousand to forty thousand rubles; for legal entities - from one hundred thousand to three hundred thousand rubles.

(see text in previous edition)

3. Continuation of work until the drafting of acts on the elimination of deficiencies in construction, reconstruction, identified by the federal executive body authorized for state construction supervision, the State Atomic Energy Corporation Rosatom, executive bodies of the constituent entities of the Russian Federation, overhaul capital construction objects -

(see text in previous edition)

shall entail the imposition of an administrative fine on citizens in the amount of two thousand to five thousand rubles; for officials - from ten thousand to thirty thousand rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from ten thousand to forty thousand rubles or administrative suspension of their activities for up to ninety days; for legal entities - from fifty thousand to one hundred thousand rubles or administrative suspension of their activities for up to ninety days.

(see text in previous edition)

4. Issuance of a permit to commission an object in the absence of the conclusions of the federal executive body, the State Atomic Energy Corporation "Rosatom", the executive body of the constituent entity of the Russian Federation authorized for state construction supervision in the absence of the legislation The Russian Federation on urban planning activities provides for the implementation of state construction supervision, -

(see text in previous edition)

shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to fifty thousand rubles.

(see text in previous edition)