Build a new house next to the old one. How to build a new house around an old one: step-by-step instructions

Life often throws up surprises, the solution of which is fraught with certain difficulties. One of these is the receipt or acquisition of a plot of land with a dilapidated building on it. In this case, there is little desire to live in an out-of-date hut and a desire arises to build a new house around the old one. Find out how to do this correctly in our material below with a detailed video.

Let us immediately note that such construction work is many times more difficult and costly, in contrast to standard construction from scratch. Therefore, it is worth thinking through and weighing everything down to the smallest detail before starting construction. The only reason why it is worth starting the construction of a new house around the old one should be the lack of housing during the entire installation work. In this case, the family lives in an old building, and a new one is being built around it.

Preparatory stage of work

  • Firstly, it is worth finding out whether the old house is registered in the cadastral register. If yes, then it is necessary to remove it from the register. Otherwise, you won’t end up with any legal hassles with the built house.
  • It is also worth conducting a soil analysis around the old house in order to accurately calculate the load-bearing load on the new foundation and determine its future type. In this case, the creation of a foundation can be carried out either using pile technology or monolithic strip technology (depending on the type of soil and the material from which the future house will be made).
  • If a new house will be built strictly along the contour of the old one, and at the same time the new foundation will be connected to the old one, then it is necessary to conduct a technical analysis of the old foundation. Most often, foundations poured in the last century do not meet construction standards and there is no point in connecting such a foundation with a new one.
  • Among other things, you should prepare building material for the construction of the foundation in advance, determining its parameters.

Important: for central Russia, the depth of the base tape should be 80 cm or more. Moreover, its width should correspond to the width of the future walls, depending on the material from which the new house will be built.

  • For a new house, when pouring, it is better to make a base with a height of 40-50 cm. Therefore, you need to calculate the building materials for it too.

We install the foundation

So, the decision has been made, construction materials have been delivered to the site. Let's start work.

  • First of all, in accordance with the house design, we dig a trench under the strip foundation. Let us remind you that a new house can exactly follow the contours of the old one, or you can design a new building, which is successfully erected around the old building, allowing it to fit into the design of the interior in such a way that after its demolition, you can safely pour the foundation there too
  • The prepared trench is well compacted and a layer of river sand 10-15 cm thick is poured onto the bottom. The sand is slightly moistened and compacted. This will be a kind of sand cushion, a support for the base tape.
  • Wooden formwork is installed in the trench, the height of which should protrude above the upper edge of the trench to the height of the future base.
  • The formwork is waterproofed from the inside with roofing felt in such a way that the material strip extends onto the walls of the formwork.
  • It is necessary to ensure reliable reinforcement of the structure. To do this, a mesh is knitted from steel rods with a cross-section of 8-12 mm, which is installed throughout the honeycomb of the foundation and plinth. It is important to carry out the technology of knitting reinforcement, since welding violates the technological and operational properties of steel, which can lead to the destruction of the finished structure later.

Important: the rods must be bent at the corners of the foundation, but in no case should the rods be tied at right angles. This technology will destroy the strength of the future basis for a new house.

  • Ready-made concrete mortar is poured into the formwork, which is carefully compacted with a construction vibrator during the pouring process. At the same time, you should make sure that the vibrator does not touch the reinforcement, otherwise there is a risk of breaking the binding.
  • The poured solution will take three to four weeks to dry. In dry, hot weather, it is better to cover it with film and periodically moisten it to prevent the concrete from drying out excessively.
  • After drying, the foundation is freed from the formwork and the contour is reliably waterproofed with bitumen mastic on both sides. After this, you can backfill the base and it is advisable that clay be used for this.

Wall installation

Depending on what material the walls of the new house will be made of, you should prepare the required amount. At the same time, it is worth making sure that there is enough material to build the internal walls of the house around the old one.

  • The walls of a new building should be laid no earlier than six months after the foundation is poured. It is during this time that the basis will gain its strength. In this case, the first row of masonry or the crown of the building should be mounted on a layer of waterproofing laid on top of the plinth.
  • So, let's start building walls. If the house is made of brick, then it is necessary to carry out masonry with obligatory reinforcement every 4-5 rows. If the house is made of timber or rounded logs, then as a standard we place the material in bowls and boxes like a construction set.

Important: to ensure that when laying the walls of a new house in an old house there is a sufficient level of natural light, it is necessary to immediately install window openings at the stage of laying building materials. And then, because it is through the windows that the dismantled house will subsequently be taken out.

  • We raise the height of the walls in accordance with the design level of the new house. If necessary, we dismantle the roof of the old house and cover it with a thick film.

Important: if the old house has stove or gas heating, you should be very careful with the pipe when dismantling the roof. She must remain intact.

  • As soon as the outer walls of the house are ready, it is possible to construct the internal partitions of the house in the place where the premises will presumably be set up for temporary housing during the period of demolition of the old house and the completion of construction of the new one. To do this, you should carefully dismantle some of the rooms of the old house and free up space inside the new box for the construction of temporary permanent housing.
  • As soon as the internal masonry is ready and sufficiently dry (if it is brick), you can install the ceiling beams and cover the roof of the room with temporary dense material.

Important: after erecting the walls of a new room, it is necessary to supply electricity to it and decorate the inside of the room for quality living in it.

All things from the old hut are transferred to the finished new premises and the old house is carefully dismantled. If the hut is wooden, then it is dismantled log by log and carefully removed through the door or window openings of the new building. If the house was made of brick, then you should slowly break up the old masonry and remove construction waste outside.

Completion of construction

It is worth remembering that after all construction debris has been removed from the inside of the new house, you can finish laying all the internal walls. At the same time, either a new foundation is poured under them (if the house design differs from the old one), or walls are erected in accordance with the old project on the existing foundation. But provided that the basis is strong and reliable. Otherwise, you will still have to remove the old base and fill the contour anew.

The remaining internal walls are placed on the finished base strip and ceiling beams or floor slabs are laid.

Important: if a house is built from wood, then it needs to be given time to shrink. This is at least a year. Therefore, you can safely erect a roof over a new house and temporarily live in one of the new rooms without having to deal with the interior decoration of the building. After the time has passed, you can begin finishing the interior of the building and connecting all communications to all rooms in accordance with the project.

The floor in a new house can be arranged using joists with mandatory insulation of the space underneath. Or you can fill the screed. Everything depends on the material that will be used to build the walls of the new building.

Important: it is also worth remembering that it is not recommended to install window and door frames during the period of shrinkage of a wooden cottage. They may lead when the material shrinks.

Thus, it becomes clear how to build a new house on the site of an old one and at the same time not lose temporary housing during the period of construction work.

Should we rush to dismantle old buildings and what subtleties should we pay attention to?

So, you have become the owner of country real estate. On the acquired plot, as a rule, there are buildings for residential or commercial purposes left over from the previous owners. Often their technical condition, appearance and location on the territory do not meet the requirements of the new owners.

I really want to redo everything in a businesslike manner so that it is strong and beautiful, to my liking. Is it worth it to rush to dismantle old buildings and what subtleties should you pay attention to is the topic of this article.

“Demolition cannot be rebuilt” - in life we ​​often encounter the problem of a correctly placed comma. A rash choice may result in unnecessary financial expenses, wasted energy and nerves, and other inconveniences. Let's consider the possible consequences - positive and negative - of both options: the demolition of old buildings and their alteration.

Pros and cons: remodeling or rebuilding

Although the dismantling process also takes some time, it is much easier to break it than to build it. When the old is lost, it is no longer possible to return it if circumstances or opinions about the building suddenly change: a demolished house can only be replaced by a newly built one.

Before deciding what to do with old buildings in your dacha - demolish or rebuild, much less grab a tool, answer yourself the question: why do you want to change - demolish or rebuild - an old house or other building on your site?

Answer one: I want to demolish it because I just don’t like the existing house

Perhaps you bought this plot because of its excellent location, because of the picturesque surroundings, fertile soil, it is convenient to get to the city from here, your loved ones live nearby, or you had a thousand other reasons to choose this particular plot of land.

You don't like this house

But you never liked the house itself, because it is an architectural freak, a dilapidated shack, or simply does not fit the style of the site that you have already chosen. Then, most likely, you should demolish it and rebuild your dream home. Otherwise, the unsightly building will begin to spoil your life with its existence.

Answer two: I don’t like the buildings, but there are economic reasons

So often economic issues prevent us from living... The reason for wanting to change the buildings on your site may be that you don’t really like the old house and outbuildings, the house is too small for your family and it has an inconvenient layout. However, you objectively believe that you do not have enough funds to build a new one.

So often economic reasons prevent us from living

Read below for a detailed analysis of this case and advice - demolish or remodel.

Answer three: I want to update it, since this is my father’s house

You grew up in this house and don’t want to destroy it at all, but it is dilapidated and requires major repairs. In this case, perhaps you should give up the idea of ​​demolishing the old house: it is part of your family, your history, your memory. And memory is something that is worth the investment.

Memory is worth the investment

And if you even think a little about the fact that the old house is worth saving and remodeling to extend its life, it may well be that if you decide to demolish it, you will later regret it.

Answer four: I want to update it because I like the house

If you “fell in love” with this house at first sight, although when you bought it you were not unaware of the poor technical condition of the building, then you have only one option - to remodel it. After all, it was for this house that you made the purchase.

You bought this plot because you liked the house

Answer five: I want to rebuild, but there are circumstances

For example, if your old house is gasified, then when dismantling it and building a new one, you will need to make a new gas connection project, which can significantly increase construction costs.

Most of the above relates to subjective reasons. Now let's try to look at things objectively. Every building, no matter how strong and well-built it is, has a service life, since building structures lose their load-bearing capacity over time. To answer the question of whether to demolish or remodel country buildings, you will need to determine to what extent they have exhausted this resource.


Can't demolish, rebuild


If for some reason you decide to leave the old building of the site, having, if possible, repaired, rebuilt and remade everything for yourself, then you need to start work with a detailed inspection and assessment of the situation. If possible, invite specialists who can professionally and impartially assess the strength of the foundation and walls, rafter system and ceilings.

Invite a specialist to help you assess the condition of your home

The year of construction, of course, matters in assessing the condition of the house and other outbuildings, but an older building is not always more dilapidated. Here the quality of materials, construction technologies and skill of builders come to the fore.

The less capital the building is, the more it suffers from the inexorability of time. Most likely, you will find various auxiliary buildings (various sheds and sheds, a yard restroom, a summer kitchen) in a worse condition than the house itself.

What to pay attention to

When determining whether it is worth remodeling buildings in a dacha or whether it is better to demolish them, first of all you need to pay attention not to how old-fashioned the wallpaper in the house is or how worn the linoleum is, but to the strength of the structural elements. To obtain the most reliable information, you need to open the structures by removing the external trim and cladding.

To understand how serious the wear is, you need to open the structures

  • The foundation is the basis of the structure. Its strength is also important if you are simply planning to renovate an old building. And if they decided to build another floor, even more so. It is possible to decide whether the old foundation is still strong enough for the construction of new additional structures after examining it using special instruments used by construction experts. But you can visually understand whether it’s worth talking about the presence of a foundation in your house or whether there are only its remains in front of you. If the windows and doorways in the house are skewed, cracks run along the walls or the foundation itself, this means that the foundation of the house has ceased to fulfill its functions.
  • Walls - from the point of view of the strength of the structure, the condition of the load-bearing walls is important. Internal non-load-bearing partitions can be completely removed. The strength and safety of walls depends on materials and technology. For example, in an old log house, the lower crowns and parts of the walls around the window openings most often require replacement. The strength of the frame structure depends on the integrity of the frame.

The integrity of load-bearing walls is important

Rafter system. Its alteration is not the most important point in the cost of rebuilding a house. Recovering the roof and even completely replacing its structure is the easiest stage of a major overhaul to carry out. But intact, undamaged rafters will help save money.

Rafter system

Once you've identified the wear and tear, you can decide what to do with your home. Builders distinguish between several types of work.

Repair


Repair is the restoration of the operational qualities of a house. During repairs, coatings are updated, communications are partially replaced, that is, the user, rather than structural, resource of the building is restored and slightly increased.

During repairs, the structural elements of the building are not affected; only partial replacement of some components is possible. This is the most gentle (and also from a financial point of view) way of remodeling a house, relevant only if the structural elements of the building have not been damaged by time and unfavorable operating conditions.

Repair - renovation of coatings

When undertaking repairs, it is worth understanding that a building with intact structural elements may have deteriorated performance: for example, the thermal insulation of walls or ceilings has become unsatisfactory. Making only superficial changes may not be sufficient.


Major renovation


When carrying out a major overhaul, not only decorative coatings are subject to alteration. Building structures are replaced or restored, utility lines are changed.

At the same time, using modern materials and technologies, the technical parameters of the building are not only restored, but also improved, and the moral (functional) obsolescence of the structure is eliminated.

Reconstruction

During reconstruction, the parameters of buildings or structures change: the number of floors, area and architecture of the building increase.

Construction of an extension to an old house

During reconstruction, the old layout is changed, which no longer meets modern requirements for comfort or the changing composition of the family. Construction of extensions, installation of an attic residential floor, changing the purpose of premises - all these are reconstruction techniques. Along with changes in architectural and planning solutions, dilapidated structures are also being replaced, as during a major overhaul.


Restoration


If a house has a valuable appearance from the point of view of architecture or history, even if this value is not generally accepted, but takes place only in your perception (for example, this is your home), they are not talking about repair or reconstruction, but about restoration - that is, restoration original appearance with strengthening of the structure. Restoration is the most difficult and expensive option, because restoration work involves the use of authentic materials and technologies.

Restoration is the most difficult and expensive option for restoring an old house

Whichever option you choose to remodel old country buildings, draw up an action plan: in what sequence the work will be carried out, what methods of restoring the foundation or other structures you are going to use, what materials will be needed. Try to take into account all your requirements for a renovated house, so as not to start constructing another extension after you have carried out work on the reconstruction of the old building.

Demolish, cannot be rebuilt


When assessing wear and tear, as well as calculating the estimated cost of restoring and repairing old buildings, does not inspire you, then you will have to dismantle the old buildings, dispose of waste and build a new home that fully meets your needs and desires.

House dismantling

If you value old things or are planning the interior design of a new country house in a retro style, perhaps there are items in the old house that will decorate your new home. Before calling a team of workers to demolish old buildings, conduct an inspection. An old house can store designer treasures: lamps, furniture, old doors or windows, antique objects that will decorate the interior of a new house, while maintaining the atmosphere of the old one.

Old things in the interior of the cottage

Why is it worth demolishing an old house and building a new one?
Making the decision to demolish buildings and replace them with new ones is a difficult matter. The choice depends on many reasons, and an important issue that stops many is financial. It seems, why destroy a finished house, it’s cheaper to repair and rebuild it.

Indeed, in many cases this is true. But when the process of destruction has gone too far, there will be no savings. They say that if the percentage of wear of structures does not exceed 50%, then it makes sense to repair and remodel. But if it is more than 50%, then the economic benefit begins to tend to zero. Or it may happen that the costs of restoration and remodeling will exceed the most luxurious estimate for new construction.

Even in the case of the undeniable significance of the old, when restoring objects that have value from the point of view of art or history, if the loss is more than 70%, a decision is made on conservation and historical reconstruction. It is a reconstruction of the structures and appearance of the restoration object, based on the historical description of the object, surviving fragments, conclusions of historians and archaeologists about construction methods, and so on. That is, the remaining 30% of the whole is preserved (strengthened to stop further destruction), and what is lost is replaced with a new one that replicates the old as much as possible.

If the resource of a house is exhausted, it is easier to demolish it and build a new one

If your old house and outbuildings in the country are not burdened with memories or architectural value, and the wear and tear of old structures is too great, it is most likely worth rebuilding and here’s why:

  • the costs of restoring and strengthening worn-out structures can be compared and even exceed the cost of constructing new ones;
  • During a major overhaul, previously unnoticed pitfalls may appear or “skeletons in the closet” may be discovered. It may turn out that this or that structure is not nearly as strong as it seemed during the initial assessment of the condition of the house. This will either increase the cost of repairs or make it impossible to carry them out as planned, which will ultimately increase the cost of restoration work;
  • applying modern construction technologies to an old structure may not be possible. For example, insulating an old log house using polystyrene foam and building steam-wind-hydroprotective membranes, laminate on the floor and new plastic windows with double-glazed windows can “kill” the old house completely: the wood under the cladding will begin to rot and deteriorate, and dampness will appear in the renovated house ;
  • the structures of an old house may not be suitable for remodeling or adding a floor. For example, in a five-walled log house you cannot remove the log partition (overcut) - it is part of the structure.

Choose the right solution: demolish or rebuild old buildings at the dacha

Make the right choice of punctuation in the phrase “Demolition cannot be rebuilt” and enjoy an updated old house or a new one built on the site of the old one. published If you have any questions on this topic, ask them to the experts and readers of our project.

Current Russian legislation allows the construction of a house near a reservoir, but at the same time the following requirements are met:

- you have ownership rights to the land plot on which it is planned to build a house, or you have entered into a lease agreement with the owner of the land plot with the right to build a house on it;
- the land plot must have the appropriate type of permitted use - for the construction of a house (for example, for individual housing construction; for personal subsidiary plot);
— compliance with urban planning and building codes and regulations during the construction of a house;
— compliance with the requirements of the Water Code of the Russian Federation (hereinafter referred to as the “Water Code of the Russian Federation”).

It should be noted that all water bodies located on the territory of the Russian Federation are the property of the Russian Federation (Article 8 of the Water Code of the Russian Federation). The exception is a pond, a flooded quarry, located within the boundaries of a land plot owned by right of ownership to a constituent entity of the Russian Federation, a municipality, an individual, or a legal entity.

Water bodies that are in state or municipal ownership are water bodies of public use, that is, publicly accessible water bodies.

According to paragraph 6 of Art. 6 of the Water Code of the Russian Federation A strip of land along the coastline (border of a water body) of a public water body (coastline) is intended for public use.

The width of the shoreline of public water bodies is twenty meters, with the exception of the shoreline of canals, as well as rivers and streams, the length of which from source to mouth is no more than ten kilometers. Therefore, the construction of a house within the shoreline of a public water body is not allowed.

If your plot is located next to a body of water, then when building a house, it is also necessary to determine whether your land plot is included in the water protection zone.

Water protection zones are territories that are adjacent to the coastline (borders of a water body) of seas, rivers, streams, canals, lakes, reservoirs and in which a special regime for economic and other activities is established in order to prevent pollution, clogging, siltation of these water bodies and depletion their waters, as well as preserving the habitat of aquatic biological resources and other objects of flora and fauna.

In accordance with paragraphs 4, 5 and 6 of the Water Protection Code of the Russian Federation, the width of the water protection zone of rivers or streams is established from their source for rivers or streams with a length of:

1) up to ten kilometers - in the amount of fifty meters;
2) from ten to fifty kilometers - in the amount of one hundred meters;
3) from fifty kilometers or more - in the amount of two hundred meters.

For a river or stream less than ten kilometers long from source to mouth, the water protection zone coincides with the coastal protective strip. The radius of the water protection zone for the sources of a river or stream is set at fifty meters.

The width of the water protection zone of a lake, reservoir, with the exception of a lake located inside a swamp, or a lake, reservoir with a water area of ​​less than 0.5 square kilometers, is set at fifty meters. The width of the water protection zone of a reservoir located on a watercourse is set equal to the width of the water protection zone of this watercourse.

You can find out whether your plot is located in a water protection zone by obtaining a cadastral extract in relation to the land plot from the cadastral chamber, as well as submitting an application to the Federal Water Resources Agency (or its territorial branch) for the provision of copies of documents containing information included in the state water registry. For the provision of such information from the state water register, a fee of 50 rubles is charged for 1 sheet of A4 format.

Construction and reconstruction. 9 answers

Good evening, please tell me. We bought a house with a plot of land and now we want to build another one on an empty plot nearby. Where should we even start? Thank you!

Valentina, Kubinka 2017-11-17T19:18:35+02:00 * lawyers and cadastral engineers of the GKI Nedkadastr group provide free consultations on the forum

  • Legalize the construction of a private house on the site of an old one
  • Is it possible to build a house without permission on the lands of settlements for gardening?

    Good afternoon. Please clarify whether this empty plot of land is registered under your ownership and what category of land and type of permitted use of the land plot. The procedure for registering ownership of a house depends on this information. In this case, it is necessary to make a GPZU and obtain a construction permit; encumbrances and further registration depend on the GPZU. If an empty plot of land does not belong to you by right of ownership, then before starting construction of a house you need to register it as your property. This can be done either by executing a purchase and sale agreement with the owner who currently owns it or, if the site belongs to the local administration, by purchasing this site from them. We are involved in all this and are ready to help.


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  • Marina
  • . 2017, November
  • Solnechnogorsk

Good afternoon Svetlana. Please tell me how to register. We have a house with land, the total area according to the documents is 374 m2. We want to build a house of 465 m2 on free land (nearby), but not demolish the one next to it. Is it possible to legally build and install gas and electricity? If it’s not possible, then tell me, during unauthorized construction, our house won’t be demolished? (the house will be approximately 8 by 8). Thank you.

Marina, good afternoon. It is not entirely clear from your question whether the land on which you are planning to build a new house is legally owned. If not, then you can’t build on it. If the plot is your property, then you have the right to build another house on it. However, in case of unauthorized construction, if the supervisory authorities identify such a violation, you will first be given a fine and an order to register the house, and if this order is not fulfilled, the court will be obliged to demolish the illegal building. We have practice in such matters. First of all, our company develops a GPZU within 2 weeks, after its readiness it coordinates with all services specified in the GPZU and the competent authorities. We prepare permits and register ownership of the house.

GKI Nedkadastr - cadastre and geodesy
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  • Irina
  • . 2017, December
  • Moscow region, Vereya
  • Good afternoon. Svetlana, I have the following question for you. We bought a plot with a house. The house is small, only 25.5 m2. And the plot is small, 432 m2. We want to build a new house nearby. Will they give us permission to build a house on such a plot? I would like to make it simpler.

    Irina, good afternoon. Tell me the category and type of permitted use of the land and how you want to design the house, as residential or non-residential. The mechanism for registering real estate and registering ownership rights depends on these characteristics. First, you need to develop an urban planning plan for the land plot, and then you will immediately understand where and what area a house can be built. A residential building, in accordance with current legislation, can be registered on the lands of settlements for running personal subsidiary plots or private housing construction. To register property rights, we obtain the appropriate permits, assign an address to the house and, based on the technical plan we have prepared, assign a cadastral number to the house and register the right to it. On agricultural lands for gardening or for summer cottage construction, a house can be registered with the purpose: non-residential. To register a non-residential building, a building permit is not required; we prepare a technical plan for the house and, also on its basis, we register the object in the cadastral register and register ownership. Send us the documents for the land plot by email and we can help you in registering the house.

    GKI Nedkadastr - cadastre and geodesy
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  • Irina
  • . 2017, December
  • Moscow region, Vereya
  • Svetlana, excuse me, but what is an extension and what is the likelihood that we will be given a building permit, because the plot is small in size, we have the following list of documents: certificate of state registration of the right: the object of the right is a residential building and the same piece of paper for the plot, cadastral passport and technical home ownership passport.

    Is it possible that the law on simplified registration will be extended? What is the probability? Sincerely, Irina Poluyanova.

    Irina, have you already built a house or are you just planning? For a full consultation, you need to know what category of land and type of permitted use. Also, tell me, do you want to design the house as residential or non-residential? The difference is that you can register in a house with a residential purpose. The mechanism for registering ownership of a house and what status it will have will depend on the category and permitted use of the land, since, for example, a residential building can be built on the lands of settlements for individual housing construction or private plots. And on agricultural lands, a non-residential building can be erected for summer cottage construction or gardening. The construction of a house begins with the receipt of an urban planning plan of the land plot (GPZU), on which the building area will be visible. After receiving the GPZU, it will become clear where and what size house you can build. If you start building a residential building without permits, this construction will be considered unauthorized. Such buildings are subject to demolition.

    GKI Nedkadastr - cadastre and geodesy
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  • artem
  • . 5 months ago
  • Magadan
  • Hello! I started building a house for my wife’s parents, in return they promised to give us their 2-room apartment. What should I do and what should I be afraid of, so as not to be left with nothing later?

    Artem, good afternoon. If you have started the construction of a residential building on a land plot that belongs to you by right of ownership, then after the facility is put into operation, the house is also registered in your name. As a result, you and your wife’s parents can sign an agreement to exchange an apartment for a plot with a residential building.

    GKI Nedkadastr - cadastre and geodesy
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    You may need

    SPOZU diagram of the planning organization of the site Based on the GPZU, we develop schemes for the planning organization of land plots. We carry out a topographic survey of the area. We prepare and submit documents for obtaining a building permit. The expedited processing time is 1 day.

    Construction permit Obtaining permission for the construction of commercial real estate, carrying out engineering surveys, drawing up a project, conducting an examination, uploading the project to the ISOGD, supporting the verification of the project in the Ministry of Construction. Registration period 3 weeks.

    • Construction of a house next to the old one

    1. A new one was built next to the old house. There is a permit to build a house. Does it need to be registered?

    1.1. Good afternoon Louise, well, if you want it to be officially recognized as a piece of real estate of which you are the owner, then of course you need to.

    2. We bought a plot with an old house. We want to build a new house nearby. And live in the old one until construction is completed. The architect does not sign a building permit for us; he says that we cannot have 2 residential buildings on one site. It is necessary to carry out land surveying or convert the old house into a non-residential one. It’s not clear where to sign up.

    2.1. Since development is usually not limited to one house, citizens often have questions about obtaining permits for all buildings. When answering this question, you should refer to Article 51 of the Town Planning Code of the Russian Federation. Its provisions contain a list of cases when such permission is not mandatory:

    For economic auxiliary buildings;

    For a garage on a summer cottage or other plot not used for business activities;

    During the construction and reconstruction of buildings that are not related to capital construction projects;

    Repair and reconstruction of objects without significant changes to their design and basic characteristics.

    This list is not final and closed; the provisions of urban planning legislation may provide for other cases.

    To obtain permits for the legal construction of a private house, you need to prepare a package of necessary documents and submit an application to the relevant authority. According to the law, local administrations (other bodies in the locations of the site) are authorized to resolve such issues.

    Currently, citizens also have the opportunity to submit an application for permission to the Multifunctional Centers for the Provision of State and Municipal Services. Another way is to send an application through the Unified State Services Portal electronically.

    You can submit (send) applications not only yourself, but also through representatives. In such cases, it is necessary to confirm their authority to sign and submit documents.

    In addition to applications to resolve the issue of obtaining permits, the following list of documents is provided:

    Title documents for the site;

    Urban planning plan for this site;

    Scheme of the planned organization of the site;

    Documents confirming the identity of the applicant.

    To contact the Rosreestr authorities you will need:

    Application for registration;

    Applicant's passport (other identification document);

    Documents confirming construction.

    If the plot is registered in the prescribed manner and registered in the real estate cadastre, the registration procedure will be simpler. In this case, there is no need to submit any documents for it; Rosreestr already has all the information.

    As for the documents confirming the construction of the facility, these include a cadastral passport and a building permit. The latter is required for objects whose construction is not completed. In turn, the cadastral passport is drawn up on the basis of a technical plan, drawn up taking into account the construction permit received. In addition to the specified documents, it is necessary to pay the state fee.

    If all necessary documents are provided, the application will be considered within ten days.

    Before you start building your own private house, you need to purchase land intended for this. Issues regarding the provision of such plots are within the competence of municipal administrations. Anyone wishing to receive a plot of land for individual housing construction must apply there, indicating the purpose of use.

    The distribution of plots is carried out on the basis of an auction. Some categories of persons have the right to receive free land, in particular, large families, veterans, and disabled people. The decision to allocate land to these persons is decided in order of priority by a special commission.

    The second opportunity to purchase land for individual housing construction is to purchase it from another private person under an agreement. Regardless of the basis for its acquisition, the right to it must be registered with Rosreestr. To do this, you need to submit an application and a certain package of documents. These include:

    Passport (other identification document);

    A document certifying a person’s rights to real estate;

    Cadastral plan of the site;

    Application for registration;

    Receipt for payment of state duty.

    To obtain permission to build your house, you do not need to provide design documentation. At the same time, the developer can prepare it at his own request. The house project includes all the basic data and characteristics necessary for its construction. It includes architectural, construction and engineering information, including plans, drawings of all parts of the house, its communications, estimates, and project passport.

    You can entrust the development of the project to a specialized company, or do it yourself. However, without special knowledge it will be difficult to take into account all the subtleties. After all, the project includes a large amount of information, in addition to the number of floors and rooms of the house, the type of materials and finishing. When building a house, you have to decide on its placement on the site and the arrangement of all communications.

    The project passport includes all the main documents related to the construction, in particular:

    Construction permit;

    About land rights;

    Contract for the construction of a house;

    Copy from the general plan;

    Task for designing a private house;

    Plans, drawings of the building;

    Conditions for connection to utility networks.

    To put the building into operation, you must submit an application accompanied by the following documents:

    Documents on rights to a land plot;

    Urban planning plan of the site;

    Technical plan;

    Document on compliance with all technical standards;

    Plan of communications and technical structures;

    Certificate of acceptance of construction;

    The application and the documents attached to it are considered by the authorized bodies. As a rule, the review period does not exceed ten days.

    Good luck! Please respond.

    3. How to formalize the construction of a new house next to the old one with the subsequent dismantling of the old one. House and land with a mortgage (collateral)

    3.1. Only with the consent of the mortgagee.

    4. I built a new house next to the old one, in which I now live on a rented property, which is also owned, but the BTI refuses me those. plan, because they say there cannot be two residential buildings on one property, but I have a building permit in hand. BTI sends me to architecture, they figure it out, they say how they allowed you. What did I do that was illegal?

    4.1. Nothing, any cadastral engineer can prepare a technical plan;
    Federal Law of July 13, 2015 N 218-FZ (as amended on August 3, 2018) “On State Registration of Real Estate” (as amended and supplemented, entered into force from October 1, 2018)
    ""Article 14. Grounds for state cadastral registration and state registration of rights

    ""1. State cadastral registration and (or) state registration of rights are carried out on the basis of an application, with the exception of cases established by this Federal Law, and documents received by the rights registration authority in the manner established by this Federal Law.
    ""2. The grounds for state cadastral registration and (or) state registration of rights are:
    1) acts issued by state authorities or local self-government bodies within their competence and in the manner established by the legislation in force at the place of publication of such acts at the time of their publication, and establishing the existence, emergence, transfer, termination of a right or restriction of a right and encumbrance real estate object;
    ""2) contracts and other transactions in relation to real estate, made in accordance with the legislation in force at the location of the real estate at the time of the transaction;
    3) acts (certificates) on the privatization of residential premises, completed in accordance with the legislation in force in the place of privatization at the time of its completion;
    ""4) certificates of the right to inheritance;
    ""5) judicial acts that have entered into legal force;
    6) acts (certificates) of rights to real estate, issued by authorized government bodies in the manner established by the legislation in force at the place of issue of such acts at the time of their issue;
    ""7) boundary plan, technical plan or survey report prepared as a result of cadastral work in the manner established by federal law, a map-plan of the territory approved in the manner established by federal law, prepared as a result of complex cadastral work (hereinafter referred to as the map-plan of the territory );
    ConsultantPlus: note.
    From January 1, 2035, Federal Law No. 119-FZ dated May 1, 2016, paragraph 7.1 of Part 2 of Article 14 is declared invalid.
    ""7.1) an approved scheme for the placement of a land plot on a public cadastral map when carrying out state cadastral registration of a land plot formed for the purpose of providing it to a citizen for free use in accordance with the Federal Law "On the specifics of providing citizens with land plots that are in state or municipal ownership and located on the territories of the constituent entities of the Russian Federation that are part of the Far Eastern Federal District, and on amendments to certain legislative acts of the Russian Federation";
    (Clause 7.1 introduced by Federal Law dated May 1, 2016 N 119-FZ; as amended by Federal Law dated July 29, 2017 N 247-FZ)

    ""8) other documents provided for by federal law, as well as other documents that confirm the existence, emergence, transfer, termination of a right or restriction of a right and encumbrance of a property in accordance with the legislation in force at the place and at the time of the emergence, termination, transfer of rights , restrictions on rights and encumbrances of real estate;
    (as amended by Federal Law dated July 3, 2016 N 361-FZ)
    (see text in the previous “edition”)
    9) the occurrence of circumstances specified in federal law.

    5. The neighbors are building a new house next to the old one, one meter away from my outbuildings. We started construction, then carried out land surveying and installed a fence on one side of my house with a distance of 51 cm. Is it possible to do this?

    5.1. 51 cm - there cannot be an indentation. You need, on the basis of Article 304 of the Civil Code of the Russian Federation, to demand that the fence be moved. If the neighbors do not voluntarily agree to move the fence, then this can be done through the court of Article 3 of the Civil Procedure Code of the Russian Federation.

    6. My name is Guzel. We bought a plot with a house. There is greenery for the house and greenery for the plot. Then they began to build a new house next to the old house, but they did not take out a certificate for construction permission. How can we register a new house if we don’t have permission? Try to get permission to build or reconstruct a house (do they check the site before permission?)? Or go and say that they built a house without permission, what will happen to that? And will they allow you to register a new house?

    6.1. Hello Guzel!
    The right of ownership of an unauthorized structure may be recognized by a person who owns, has lifelong inheritable possession, and has permanent (perpetual) use of the land plot on which the structure is created, subject to the simultaneous observance of the following conditions:
    if in relation to the land plot the person who carried out the construction has rights allowing the construction of this object on it;
    if the building complies with the parameters established by the territory planning documentation, land use and development rules or mandatory requirements for building parameters contained in other documents;
    if the preservation of the building does not violate the rights and legally protected interests of other persons and does not create a threat to the life and health of citizens.
    For a more accurate answer, it is necessary to study the documents you have and the circumstances of the case. Contact a lawyer/attorney in person.

    7. Is it necessary to take out a building permit to build a new house next to the old one on a plot of 6 acres and the house is registered under the dacha amnesty without a plan.

    7.1. Hello, Alexey!
    According to the provisions of Art. 51 of the Town Planning Code of the Russian Federation, a building permit is not required for construction on a land plot for gardening and dacha farming. It should be taken into account that placing two residential buildings on the same site is not allowed.

    If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you