15.06.2018 Explanation regarding objects of additional use (ОAU) on the land plot
Is it required to have a permit for construction of a structure located on the land plot if such structure is an object of additional purpose (for example, household building, warehouse)? What are legal norms regarding state registration?
- Article 51, p.17(3) «Urban Construction Code of the Russian Federation» dated December 29, 2004 № 190-FZ (version dated 23.04.2018): «Issuance of a permit for construction is not required in case of: 3) construction on the land plot of buildings and structures of additional use»;
- Extract from point 10 article 4 Federal Law dated 30.12.2009 N 384-FZ (version dated 02.07.2013) «Technical regulation regarding safety of buildings and structures»: «Buildings and structures of lower responsibility level include buildings and structures of temporary (seasonal) purpose and buildings and structures of additional use connected with construction or reconstruction of a building or structure …».
Point 10 article 4: «Identification features provided by part 1 of the present article are mentioned: 1) by the builder (client) – in the task for engineering survey for construction of a building or structure and in the design task; 2) by the person preparing design documentation – in textual materials of design documentation to be handed over upon construction finishing to the building or structure owner for keeping»;
By virtue of social, ecological and economic consequences of damage and destruction of buildings and structures of additional use such objects belong to objects of lower responsibility level (of the third responsibility level – in accordance with p.9.1 GOST R 54257-2010 «Safety of building structures and basements. Main provisions and requirements»);
- Letter of the Ministry of Regional Development of the Russian Federation dated 25.06.2009 №19669-IP/08 «Regarding state expertise of design documentation of separate objects of capital construction»: «Question: it is necessary to have state expertise in regard to design documentation for a new building «of additional use» located on the territory of the land plot, for example, for placement of autonomous heat supply sources on existing land plot? In opinion of Minregion of Russia, buildings and structures of additional use should be understood as structures of lower responsibility level as per GOST 27751-88 «Safety of building structures and basements». Such objects include hotbeds, greenhouses, summer pavilions, small warehouses and similar structures. Besides that, a criterion for structures attribution to additional ones is presence on the considered land plot of the main building, structure or construction, in which regard the new building or structure has an additional or servicing function. In accordance with point 3 part 17 article 51 Urban Construction Code, in case of construction on the land plot of buildings and structures of additional use the issuance of permits for construction is not required. In view of the foregoing, in opinion of Minregion of Russia, design documentation for buildings of additional use is not subject to state expertise.»;
- Point 2 of Order of the Ministry of Regional Development of the Russian Federation dated 30.12.2009 №624 «Regarding approval of the List of work regarding engineering survey, design documentation preparation, construction, reconstruction, capital renovation of capital construction objects that affect safety of capital construction objects»: the List does not include work regarding design documentation preparation in respect to objects for which construction permit is not required in accordance with points 1-4 part 17 article 51Urban Construction Code of the Russian Federation;
- Decision of the Supreme Arbitration Court of the Russian Federation dated 03.12.2012 №VAS-15260/12, affair №А51-2472/2012:
«object that although are inseparable from land, but do not have independent functional purpose, are not deemed to be real estate, but are considered as an improvement of the land plot for which servicing they are built, and, therefore, follow its fate (Resolution of the Presidium of SAC RF dated 17.01.2012 №4777/08, affair №А56-31923/2006
(published on web-site of SAC RF on 13.04.2012);
- Regarding state registration:
In accordance with point 1 and point 4 article.25 Federal Law dated 21.07.1997 №122-FZ «Regarding state registration of titles for real estate and transactions with it», the basis for state registration of title for built OAU is: declaration about OAU and document of entitlement for the land plots, where the OAU is located.
Form of declaration about real estate object was approved by the order of the Ministry of Economic Development of the Russian Federation dated 03.11.2009 №447 «Regarding approval of form of declaration about real estate object»
As per point 12 of Order of Rosregistratsia dated 08.07.2007 №113 «Regarding approval of Methodic recommendations regarding order of state registration of title for being built, built, reconstructed real estate objects (does not need state registration)»: it is not required to submit construction permit in case of documents submission for state registration of title for OAU (see p.12).
Thus, it is possible to make following conclusion: in case of an additional object construction the law does not provide necessity for the builder to obtain construction permit, and, therefore, does not provide obtaining by the builder of permit for putting of the object in operation upon construction finishing. Title for objects of additional purpose are registered under simplified procedure on the basis of declaration proving building of such objects and including their technical description, without submission to the registration authority of construction permit and permit for putting in operation.