How to renew a building permit - documents, instructions. How to renew a building permit under the Town Planning Code - a sample application The validity of a building permit has been extended for a period

6.1. Acceptance 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 referred to as 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 Russian Federation", except in cases where, in accordance with a regulatory legal act of a constituent entity of the Russian Federation, an application for a building 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 facility, the developer shall send an application for the issuance of a construction permit directly to the federal executive body, the executive body of the constituent entity of the Russian Federation, the local self-government body authorized to issue building permits in accordance with parts 4 of this article, State Corporation for atomic energy"Rosatom", the State Corporation for Space Activities "Roscosmos". 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) title documents for a land plot, including an agreement on the establishment of an easement, a decision on the establishment of 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 the town-planning plan of the land plot was issued 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 a transfer agreement 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", a management body of a state non-budgetary fund or a local authority self-government of the powers of the state (municipal) customer, concluded in the course of budget investments - the specified agreement, title documents for the land plot of the right holder with whom this agreement is concluded;

(see text in previous edition)

2) the 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 permit for the construction of a linear object, the details of the territory planning project and the land surveying project (except for cases in which for construction , reconstruction of a linear facility does not require the preparation of planning documentation), details of the territory planning project in the event that a permit is issued for the construction of a linear facility, the placement of which does not require the formation of a land plot;

(see text in previous edition)

3) the results of engineering surveys and the following materials contained in the design 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 town-planning plan of the land plot, and in the case of the preparation of project documentation for linear objects, the design 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 structural solutions, as well as decisions and measures aimed at ensuring access for disabled people to a capital construction object (in the case of preparing project documentation for healthcare, education, culture, recreation, sports and other objects of socio-cultural and household purposes, objects of transport, trade, public catering, objects of business, administrative, financial, religious purposes, objects of the 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)

(see text in previous edition)

4.2) confirmation of compliance of the changes made to the project documentation with the requirements specified in paragraph 3.8 of Article 49 of this Code, provided by a person who is a member of a self-regulatory organization based on the membership of persons preparing project documentation, and approved by a specialist engaged by this person in accordance with this Code organization of architectural and construction design in the position of the chief engineer of the project, in case of making 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 capital construction object of state (municipal) property, the right holder of which is a state (municipal) unitary enterprise, state (municipal) budgetary 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) decision of the general meeting of 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, the size of the common property in the apartment building decreases, the consent of all owners of premises and parking spaces in the 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 stipulated by the legislation of the Russian Federation on objects of cultural heritage, if 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. Documents (their copies or information contained in them) specified in clauses 1 - , , and 10 of part 7 of this article are requested by the authorities specified in paragraph one of part 7 of this article, in state bodies, local governments and subordinate to state bodies or to local self-government bodies, 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 of Real Estate or the Unified State Register of Conclusions.

(see text in previous edition)

(see text in previous edition)

(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 in electronic form. A building permit is issued in the form of an electronic document signed with an electronic signature, if this is indicated in the application for issuing 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 facility is planned within the boundaries of the territory of a historical settlement of federal or regional significance, 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 compliance with section design documentation of a capital construction object containing architectural solutions, the subject of protection of a historical settlement and the requirements for architectural solutions of 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.

(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)

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 construction permit, the admissibility of locating the capital construction facility in accordance with the permitted use of the land plot and the restrictions established in accordance with land and other legislation of the Russian Federation and in force on the date of issuance of a construction permit, as well as the requirements established in the permit for deviation from the limiting parameters of permitted construction, reconstruction, if such a permit is issued to a person;

(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 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 issuance of a building permit, the requirements established in the permit for deviation from the limiting parameters of 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 the garage on land plot provided to an individual for purposes not related to the implementation entrepreneurial activity, or construction, reconstruction on a garden plot of a residential house, 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 on the land plot of buildings and structures for 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 by the technical project for the development of mineral deposits or other project documentation for the performance of work related to the use of subsoil plots prepared, agreed and approved in accordance with the legislation of the Russian Federation on subsoil;

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 of the Government of the Russian Federation, the legislation of the constituent entities of the Russian Federation on urban planning activities, obtaining a construction permit is not required.

(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 state authorities of the constituent entities of the Russian Federation authorized to be placed in state information systems for ensuring urban planning activities, local governments 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. A permit for individual housing construction is issued for ten years.

(see text in previous edition)

(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 state authorities and local governments to an 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. An individual or legal entity that has acquired the rights to a land plot has the right 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 object. 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 of the building permit. 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 shall notify of such a 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 construction supervision during the construction, reconstruction of a capital construction facility, 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.

The Department of Architectural and Construction Inspection of the Novosibirsk City Hall received clarifications from the Federal Agency for Construction, Housing and Communal Services - Gosstroy on 9 topical issues of urban planning legislation, which allow for ambiguous interpretation.

Recall that the Agency is empowered to give legal and individuals clarifications on issues related to his 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 a local government body, when a developer or technical customer submits an application for a building permit and documents provided for in Part 7 of Art. 51 of the Town Planning Code of the Russian Federation, 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 of the Russian Federation (hereinafter referred to as 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 facility is defined as an unauthorized structure and is subject to demolition in accordance with Article 222 of the Civil Code of the 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 when land plots are formed 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, among other things, project documentation materials.

In accordance with Part 7 of Article 52 of the Code, the deviation of the parameters of a capital construction object from the design 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 design 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 for capital construction projects financed from the relevant budgets, when the developer provides an amended conclusion of the state examination in terms of the estimated cost, amend the permission to put the object 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 construction permit, compliance of the constructed, reconstructed capital construction object with the town planning plan of the land plot, and as well as 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 of capital construction objects, including linear objects, the composition and requirements for the content of sections of project documentation in relation to individual stages of construction, reconstruction of capital construction objects, the composition and requirements for the content of sections of project documentation during the overhaul of capital construction projects, as well as the composition and requirements for the content of sections of project documentation submitted for examination 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 engineering support of a capital construction project, the developer sometimes uses modular boiler houses, KTPN (complete ground transformer substation) and other facilities that have factory readiness and a technical passport of the manufacturer, for which sanitary protection zones often must 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 engineering provision, 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 installations are installed independently, outside the site allocated for the construction of a capital construction facility, then design documentation should be developed for earthworks, foundations, engineering networks, technical conditions for connection to existing engineering networks are presented, 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 of Regional Development of the Russian Federation of October 19, 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 authorities authorized to carry out state registration of property rights to real estate objects refuse to register ownership of objects, since the design characteristics of the object and the characteristics of the object, after the technical inventory carried out by the authorized bodies, in most cases do not correspond. 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:

- the 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 object into operation according to the design characteristics make changes to it if the characteristics of the object indicated in the technical plan prepared by the cadastral engineer do 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 the issuance of conclusions on compliance by the state construction supervision bodies, as well as to establish possible errors in determining the parameters of the object, which will be taken into account by the relevant authorities during the state registration of property 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 project documentation, including the requirements for energy efficiency and the requirements for equipping the capital construction facility with metering devices for the energy resources used, and signed by the person carrying out the construction (the person carrying out the construction and the developer or technical customer in in the case of construction, reconstruction on the basis of an agreement, as well as by the person exercising / construction control, in the case of construction control on the basis of an agreement), except for cases of construction, reconstruction of individual housing construction.

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.

Under current law, a building permit is issued for a limited period. For IZhS objects, it is up to 10 years, and for other capital construction objects - for the time specified in the project documentation. If during this period the construction of the object is not completed, it is required to take measures. Below we will consider how to renew a building permit (including a private house), in what sequence to act, and what papers will be required to solve the task.

The extension of the permit begins from the moment the application is submitted to the authorized territorial body. When resolving an issue related to an increase in the validity of a document, its suspension or suspension of action, the laws of the Russian Federation and the current administrative regulations are taken into account.

An application for an extension is submitted in the following ways:

• Personally.
• With the help of a representative (a notarized power of attorney is required).
• By e-mail.
• Through the mail of the Russian Federation.
• With the help of the State Services website.
• through the MFC.

Before extending a building permit (including a private house), you need to know the exact address of the municipal authority where the application is sent. In this case, the application is made in electronic form or filled out by hand. It is allowed to transfer an application using electronic documentation, but then you cannot do without the use of an EDS.

Renewal terms

The permit is extended for a period of up to 1 year (by decision of the authorized body), if an individual or company has completed and submitted an application for 2 or more months (not later). If the new term is not enough to solve the task, after its expiration, you can again apply for an extension. At the same time, the conditions and procedure for registration are identical.

The authorized body will refuse to extend the term if the construction or reconstruction of the facility has not begun before the day the deadline for filing the application ends.

Documents for renewal of a building permit - list

The application is the main, but not the only paper required to go through the state procedure. The list of documents required for renewal of a building permit includes:

• An application made in accordance with the requirements of the law.
• The original of the previously granted permission.
• Project for the organization of construction works (copy). It should contain an explanation of the reasons that led to the need to extend the permit (this requirement does not apply to individual housing constructions).

If it is required to make a change to a previously issued permit, the following papers are transferred to the authorized body:

• Statement.
• Building permit (original).
• GPZU of the site where the construction of the facility is planned.
• A title package of papers (if changes are required to the name of the developer's company).
• Decree on the formation of a memory by dividing or combining an allotment.
• A positive decision of the examination, confirming the compliance of the corrected project with the current requirements and the possibility of its application.
• Change of address order (if any).

Documents for the renewal of a building permit are accepted provided that they are submitted in full. In the absence of any paper, acceptance is refused.

The authorized body within ten days from the date of receipt of the application must give an answer (in case of refusal) explaining the reason for such a position. If a positive decision is made, the preparation of a new permit (including extension) is also given the above 10 days.

Termination

If, during the validity of the permit, the ownership of the memory transfers to another person, the term of the previously issued document remains the same. But situations are possible when the building permit becomes invalid. This happens in the following cases:

• Termination of the right to use subsoil (including early).
• Ignoring the need to transfer the originals within 60 days from the date of notification of the possibility of obtaining a building permit.
• Upon expiration of the document and in the absence of an application for renewal (re-registration) of the existing permit.
• If the developer or a private person refuses to erect (restore) a capital construction facility.
• In case of seizure of the memory, taking into account the current legislation of the Russian Federation.
• In case of violation of the requirements prescribed in the building permit.
• By decision of the judiciary.
• When changing the characteristics or type of structures, as well as the conditions for their construction (restoration), permitted for a particular storage facility.

Service provision procedure

The extension of a building permit is as follows:

• The necessary documents are collected (listed above).
• An application is drawn up and submitted along with the papers by one of available ways to the authorized body.
• The application, notification, as well as the transferred documentation are registered by the authorized body.
• The documents are checked for the fact of the possibility of extending or amending the previously issued building permit.
• A decision is made to extend or refuse to provide the service.

How to renew a building permit through the State Services portal?

Getting services via the Internet saves time. To renew your license, follow these instructions:

• We study the intricacies of obtaining services on the site.
• Log in to the portal.
• We make an application in electronic form. To do this, we enter information from the previously issued building permit, indicate the name of the structure and data about it. Here we prescribe information about the memory, the reason for the extension, the option for obtaining the result (in electronic form or on paper).
• We attach the scanned documentation required by the authorized body for renewal. Here it is important to take into account the requirements regarding the format and size of attached files (as a rule, the latter should be up to 1 GB in size).
• We sign the application and documentation with an electronic digital or conventional signature.
• We send the completed application after consideration using a special button.
• We are waiting for an e-mail message or notification in your personal account about the acceptance of documentation for consideration. The number of the received electronic application is also indicated here.
• We control the process of registration of the service. This can be done through information that passes by e-mail, through a personal account on the site, in the status check section or through mobile app(here you can choose the option that suits you).
• We receive a message about the result of the extension, as well as the necessary document. It is issued electronically and in pdf format. The documents are signed with EDS. The applicant has at his disposal a building permit (it is marked with an extension) or a notice of refusal explaining the reasons.

If, when submitting an application, the paper option for receiving documents was chosen, a notification will be sent to the mailbox or personal account when and where to come for the papers.

When is a denial possible?

The grounds for refusal to renew a building permit through the State Services portal are as follows:

• Lack of information or documentation required to receive the service.
• Construction (reconstruction) is not started before the deadline for the completion of the application.
• There is no guarantee agreement of a financial institution for the conscientious fulfillment of the obligations undertaken by the construction company (for developers working under the DDU).

The applicant has the right to appeal the decision of the authorized body in case of violation of the deadlines for the extension or registration of the request, if additional paperwork is required (if not in the list), in case of refusal to provide the service, as well as in other cases provided for by law.

The complaint may be submitted in writing in person, by mail, or sent electronically. In the first case, you must have an identity document with you. If the papers are transmitted in electronic form, they will need to be approved using an EDS. The document must indicate the name of the executive body, full name and data about the applicant, information about the appealed decisions and arguments. As a result, a decision is made to satisfy the complaint or to refuse to satisfy it.

" № 10/2016

The law allows the developer to apply to the authorized body with a request to extend the period of validity of the building permit. However, often the administration decides to refuse. It also happens that the authority cancels a previously issued building permit. In both cases (denial of renewal and cancellation), the developer will face lengthy litigation. We believe that the legal positions formulated at the level of the Supreme Court will be useful for developers who find themselves in such difficult situations.

Extension cannot be denied.

In accordance with Part 20 of Art. 51 of the Civil Code of the Russian Federation, the period of validity of a construction permit may be extended by the relevant authority that issued the construction permit, at the request of the developer, filed at least 60 days before the expiration of such a permit. An extension of the period of validity of a building permit must be refused if the construction, reconstruction, overhaul capital construction projects are not started before the deadline for submitting such an application. If an application for an extension of the validity period of a building permit is submitted by a developer who engages on the basis of an agreement on participation in shared construction, which provides for the transfer of residential premises, cash citizens and legal entities for the shared construction of an apartment building and (or) other real estate objects, such an application must be accompanied by a bank guarantee agreement for the proper fulfillment by the developer of obligations to transfer the residential premises under an agreement on participation in shared construction or civil liability of the person raising funds for shared construction of an apartment building and (or) other real estate objects (developer), for non-fulfillment or improper fulfillment of obligations to transfer residential premises under an agreement on participation in shared construction.

Based on this formulation, general rule(if you “leave behind the scenes” the specifics of housing construction on the basis of the DDU) to extend the building permit, you must:

• submit an application at least 60 days before the expiration of the previously issued permit;
• begin construction works prior to making such an application.

Do both of these conditions need to be met at the same time?

Is it legal to refuse to renew if the developer has violated the deadline for submitting an application or, conversely, submitted an application in a timely manner, but did not start work?

In law enforcement practice on the designated problem, the following solution has been developed. Part 20 of Art. 51 of the Civil Code of the Russian Federation establishes one reason for refusing to renew the construction permit: if the construction was not started before the expiration of the permit. Submission of an application less than 60 days before the expiration of the permit is not provided for by the Civil Code of the Russian Federation as a basis for refusing to renew the construction permit. Accordingly, if the construction of the facility was started during the period of validity of the construction permit, which was not canceled and not recognized as invalid (illegal), the authorized body has no grounds for refusing to extend its validity. Such a position is presented in the Ruling of the Supreme Court of the Russian Federation No. 136-PEC16 dated 04.05.2016 in case No. A63-11027/2013, decisions of the Arbitration Court of the Ministry of Defense dated 08.01.2016 No. F05-10272/2016 in case No. A41-79925/15, FAS DVO dated 15.12 .2013 No. F03-6140 / 2013 in case No. A51-7498 / 2013, of the Ninth Arbitration Court of Appeal of 07.21.2016 No. 09AP-28920 / 2016 in case No. A40-62700 / 16, of the Tenth Arbitration Court of Appeal of 10.08.2016 No. 10AP -7448 / 2016 in case No. A41-106633 / 15, the Eighth Arbitration Court of Appeal dated 08.23.2016 No. 08AP-8211 / 2016 in case No. A46-2430 / 2016, etc.

note

It happens that the administration, refusing to renew the construction permit, refers to the submission by the developer of improper documents confirming the start of construction work on the facility. For example, as follows from the Decree of the AS MO dated August 1, 2016 No. F05-10272 / 2016 in case No. A41-79925 / 15, the organization attached to the application for the extension of the construction permit certificates of the cost of work performed and costs in the form of KS-3 and acts on the acceptance of the work performed in the form of KS-2, indicating the completion of the contractor's work on the zero cycle of construction. The authorized body refused to extend the construction permit, pointing out that no official confirmation of the commencement of work on the construction of the capital construction facility had been submitted.

Appealing to the court, the developer additionally submitted an inspection report to the case file technical condition of an unfinished construction object and photographs of the object attached to it (8 pieces), as well as a satellite image from the site maps.yandex.ru.

Taking the side of the developer, the arbitrators indicated: Part 20 of Art. 51 of the Civil Code of the Russian Federation does not establish which documents must be submitted to confirm the start of construction. From this it follows that such documents can be any documents (acts, work contracts, etc.) indicating that construction is underway. The authorized body illegally did not accept the forms KS-2 and KS-3 as evidence of the start of construction.

So, we found out that filing an application less than 60 days before the expiration of the building permit is not sufficient grounds for refusing to renew the permit. But the fact that the developer has not started construction work entails an unconditional refusal to extend the previously issued building permit. Next, we will answer the question: is it legal to refuse to renew the permit if construction work has begun, but the developer has submitted an application to the authorized body after the construction permit has expired.

This situation was considered in the decisions of the AS ZSO dated December 15, 2015 No. F04-27933 / 2015 in case No. A46-4326 / 2015 and the Second Arbitration Court of Appeal dated August 29, 2016 in case No. A82-18126 / 2015. Let's say right away that in the first case, the arbitrators ruled in favor of the developer, in the second, they recognized the actions of the administration as legal. How is this possible?

It follows from the decision of the AS ZSO that the developer applied to the department with an application to extend the building permit two days after its expiration date. Despite the fact that the developer indicated that the facility was 90% ready, the authorized body refused to renew the permit, citing the fact that it was invalid, since it had expired, and the legislation does not provide for extension of the invalid construction permit.

In granting the developer's claim, the judges proceeded from the fact that the department's grounds for refusing to renew the building permit were not provided for by applicable law, and therefore the disputed refusal violated the organization's rights.

It is important that the judge of the Supreme Court of the Russian Federation did not find any grounds for transferring this case to the Judicial Collegium for Economic Disputes of the Supreme Court for review (Decision No. 304-KG16-2723 dated April 18, 2016). Thus, the judge of the Supreme Court actually recognized the justified position of the AS ZSO.

But in the Decree of the Second Arbitration Court of Appeal adopted not in favor of the developer in case No. A82-18126 / 2015, the circumstances were different, which allowed the court to refuse the developer, rejecting his references to judicial practice, according to which the filing of an application less than 60 days before the expiration of the permit is not provided for by the Civil Code of the Russian Federation as a basis for refusing to renew the construction permit.

So, in January 2008, the organization was issued a building permit, which expired in July 2010.

In December 2013 (that is, 3.5 years after the expiration of the permit), the developer registered the ownership of the building in progress with a degree of completion of 11%.

In November 2015 (that is, two years later), the organization applied to the administration for an extension of the validity of the building permit, attaching a construction organization project, which implies completion of construction within 33 months.

The authorized body refused to renew the building permit, pointing out the violation of the deadline established by Part 20 of Art. 51 of the Civil Code of the Russian Federation, and inviting the developer to apply for a new permit.

The arbitrators noted that the organization applied for an extension of the permit more than five years after its expiration. The developer did not provide evidence of applying to the authorized body with such a statement before the expiration date of the permit. Consequently, the developer forfeited the statutory right to renew the building permit.

The Civil Code of the Russian Federation does not contain grounds for refusing to renew the construction permit due to the fact that the application was submitted by the developer in violation of the deadline for its submission (that is, at least 60 days before the expiration of the permit). However, in this case, it is not just a violation of the deadline for applying for an extension of a valid building permit. The society demands to prolong in a judicial proceeding the validity of the permit, which expired five years ago. In such a situation (if the applicant fails to provide evidence of the evasion of the authorized body from issuing a permit (unlawful inaction of the administration) or the presence of other circumstances that prevented the organization from filing a relevant application in a timely manner), the extension of the period of validity of the permit on the basis of Part 20 of Art. 51 of the Civil Code of the Russian Federation is unacceptable. Based on the meaning of the provisions of urban planning legislation, it is possible to extend only the current building permit. After the expiration of the building permit, only a new permit can be issued.

Thus, missing the deadline for applying for an extension of the permit when the construction of the facility has already begun is not an unconditional basis for refusing to renew the permit. The only circumstance excluding such an extension is the absence of commenced construction of the facility by the time the building permit expires. Therefore, the judges will take the side of the developer who submitted the application less than 60 days before the expiration of the permit.

In the case when the authorized body refused to renew the building permit, referring to the fact that the application was submitted after the expiration of its validity, the outcome of the trial will depend on the specific circumstances. First of all, the arbitrators will assess the good faith of the actions of the developer, who in any case is not deprived of the opportunity to apply for a new building permit.

note

The authorized body that issued the construction permit, when considering the developer's application for an extension of the period of validity of the permit, is obliged to check whether the construction (reconstruction) of the facility has begun. Therefore, the submission by the developer of false information about the performance of work will result in a refusal to renew the permit.

For example, as follows from the Decree of the AC SZO dated October 27, 2014 in case No. A56-68046 / 2013, the organization reported on the implementation of:

• 100% earthworks;
• 90% of foundation works;
• 20% of works on laying engineering networks;
• 10% of the work on the construction of the building frame.

Meanwhile, according to the act of inspection, construction work on the land plot was not carried out.

Under such circumstances, the arbitrators decided that the organization, when applying for the renewal of the construction permit, provided information that did not correspond to reality, which was established by the results of the audit. As a result, the refusal to renew the permit was found to be justified. Moreover, the judge of the Supreme Court of the Russian Federation did not find grounds for reviewing the case (Decision dated March 12, 2015 in case No. 307-ES15-223).

It happens that the developer needs to make changes to the project documentation, and sometimes the technical and economic indicators of the future object change so much that new project documentation has to be developed. In such situations, the developer should apply to the authorized body not for an extension of the construction permit, but for the issuance of a new permit for the construction of an object with different technical parameters. Accordingly, the developer will not be able to prove that the refusal to renew the permit is illegal. This position is expressed in the Ruling of the Supreme Court of the Russian Federation No. 308-ES16-4400 dated May 23, 2016 in case No. A63-367 / 2015, which notes that the developer is not deprived of the opportunity to apply in accordance with the established procedure with an application for a new construction permit by submitting documents provided for in Art. 51 GRK RF.

Cancellation of a building permit is possible only in exceptional cases.

As rightly noted in the Decree of the AC PO dated 05/20/2015 No. F06-21841 / 2013, F06-22926 / 2015, F06-23424 / 2015 in case No. A55-15700 / 2014, art. 48 of the Federal Law on general principles Organizations of local self-government do provide for the right of local self-government bodies or local self-government officials who have adopted (issued) the relevant municipal legal act to cancel or suspend municipal legal acts. At the same time, it follows from the provisions of this law in aggregate that not any non-normative act can be canceled or suspended by a local self-government body, but only one that does not comply with the current legislation (!).

The obligation to prove that the contested non-normative legal act complies with the law or other regulatory legal act, that the body has the proper authority to adopt the contested act, as well as the circumstances that served as the basis for the adoption of the contested act, rests with the body that adopted the act (part 5 of article 200 of the APC RF).

At the same time, violation of the rights and legitimate interests in the field of entrepreneurial and other economic activities by virtue of Art. 65 of the Arbitration Procedure Code of the Russian Federation must be proved by the applicant (the person who applied to the court).

Thus, the law does not grant local governments the right to accept and cancel previously adopted documents at their own discretion. This conclusion fully applies to cases related to the issuance and cancellation of building permits.

In accordance with Part 21.1 of Art. 51 of the Civil Code of the Russian Federation, the construction permit is terminated (based on the decision of the relevant authority) in the event of:

• compulsory termination of the right of ownership and other rights to land plots, including the withdrawal of land plots for state or municipal needs;
• waiver of ownership and other rights to land plots;
• termination of a lease agreement and other agreements on the basis of which citizens and legal entities have acquired rights to land plots;
• termination of the right to use subsoil, if the 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.

Judicial practice proceeds from the fact that, according to the meaning of the above norm, which is imperative (not allowing choice) in nature, the local government that issued the construction permit to the developer has the right to decide on the termination (annulment, cancellation) of this permit only if there is at least one of the reasons listed above. The list of such grounds is exhaustive and is not subject to broad interpretation. Therefore, if the decision to cancel the building permit does not contain references to Part 21.1 of Art. 51 of the Civil Code of the Russian Federation, the actions of the administration are illegal (provided that the building permit was issued in compliance with the established requirements). This position is expressed, in particular, in the rulings of the Supreme Court of the Russian Federation No. 306-KG16-10277 dated September 1, 2016 in case No. A12-33006/2014, No. 306-KG15-10973 dated September 14, 2015 in case No. A55-15700/2014, 09/08/2015 No. 306-KG15-10973 in case No. A55-15700 / 2014, etc.

At the same time, the administration's argument that the cancellation of the building permit is connected with the receipt of a protest from the prosecutor's office does not matter. For example, in the Ruling of the Seventh Arbitration Court of Appeal dated 09/06/2016 No. 07AP-6957/2016 in case No. A45-27192/2015, it is noted that it follows from the contested ruling that the building permit was canceled due to the protest of the city prosecutor's office. There are no other grounds for cancellation or references to specific rules of law in the resolution. Under such circumstances, the decision to revoke the building permit is illegal.

Some Conclusions

The authorized body has the right to refuse to extend the period of validity of a construction permit that has not been canceled or declared invalid (illegal) only if the developer has not started work. Violation by the developer of the deadline for submitting an application (less than 60 days before the expiration of the permit) is not an independent basis for refusal to renew the construction permit.

Issued in compliance with the provisions of Art. 51 of the Civil Code of the Russian Federation, a building permit can be canceled only in exceptional cases, a closed list of which is contained in part 21.1 of the named article. Therefore, if the decision to cancel the building permit does not contain references to this norm, the actions of the administration are illegal.