Starting construction, many reason that the main thing in this business is to build a house or some other building, and the documents ... This is such a trifle, all this, in freedom. And when they begin to engage in this "petty" question, then problems arise. If you have fallen into such a position, then the knowledge of laws, according to which the legalization of the self-employment is possible. How to legalize samostroy, described in this article.

When the construction is illegal

In order not to fall under the definition of Article 222 of the Civil Code, planning such an important step, as a building, care must be taken on the resolution on it. Otherwise, without a corresponding package of documents, you will not be able to sell his property either, nor give, nor to lease or issue will. Illegally built capital building, will be considered if:

• built on the site intended for other purposes;
• violated the basic requirements of SNIP in the construction process;
• at the very beginning is not obtained a building permit;
• State Building architecture did not approve the project at the initial stage.

The latter case - not the most difficult, and to legitimize the unauthorized construction is comparatively difficult:

• we carry out a statement to the State Inspectorate of Architectural and Construction Control with a request to take into operation. Strengthen the weight of the application, making all the other documents available to it;
• we pay a fine;
• if everything is in order, then after 10 days the question is solved: you must give a certificate of conformity.

First steps to not get into the category of self-container

Without starting construction work, we take the following steps:

1. We go to the architectural service located at the place where construction is supposed.
2. We make a visit to the project organization. Here you can perform a project or give the job task.
3. Now you can choose a contractor who will embody the project into life.

Types of samostrohy

Unauthorized buildings are divided into 2 types:

• suppose you have our own land plot and you think that since he is yours, then you have the right to build anything on it. You build on it some small object - commercial or not commercial, which is not particularly striking. No permit documents are issued;
• you started the construction of a large cottage or a large commercial object and parallelize the documents. Since the construction began without legitimate permission, it is nothing but the construction is illegal, and you need to enter a self-employment in the direction of legal. The cases described are not so rare, because Sometimes the construction is moving faster than collecting all the necessary documents.

Important: By buying a plot of land with a capital construction on it, check if there is a necessary package of documents for construction, otherwise you will become the owner of a unauthorized construction.

Any building without permission can be considered illegal?

There are cases when there should be no need to worry about building permission to worry. This is the situation when:

• you put a kiosk or tray on your site. Constructions are not capital. This also includes economic buildings without foundation. In case of complaints, refer to Article 51 of the Civil Code of the Russian Federation;
• you received a plot for agricultural activities, and you built a garage on it;
• you have completed a major overhaul of the house or another object, but the bearing walls did not demolish and remained in their place.

How punishes the state for samostroy

For unauthorized construction, penalties are provided. You must pay if:

• built the building on Earth does not belong to you. This is stated in Article 7.1 of the Administrative Code of the Russian Federation. If you are listed as samostroy, the fine is inevitable;
• the land belongs to you, but the capital structure that you built on it does not have a legitimate reason there is, because No permits. Referring to Art. 222 AK, you will be obliged to demolish at your own expense. There is another option: Apply to the court with a request to recognize your ownership of this building, and then it all depends on the decision taken by him.

For your information: The land owner for the court - the person is more important than the self-consuming developer. If something built on your Earth without your consent, then the building can go to your property.

Legalization of self-employment

Sooner or later, but the question of how to arrange himself, will become very relevant. The point is not hopeless. For the legalization of the samostroop, the building must correspond to three requests:

• samostroy is located on Earth to you belonging. You have all documents on your hands: the act with the cadastral number and the indication for which the Earth is intended, the cadastral plan, as well as you are the owner of a certificate confirming that the owner of the land is you;
• you have a conclusion of an expert organization or court that your samostroy does not prevent anyone and does not create dangers for the lives of neighbors or anyone else;
• the structure is erected in compliance with SNiP. For this you need a document that confirms all this.

Having all this, you increase your chances of turning the samostroy in a legally built building. To do this, hire a lawyer or act independently and:

• we go to court and write a statement on recognition of your construction. Apply documents to Earth and confirm that you are the owner;
• the relevant authorities will check for the compliance of the building with construction standards and the rules and how safe it is for the health of 3 faces. Also convince that there are no complaints about the neighbors and other interested citizens to the owner;
• if these questions are satisfactory satisfactorily, the court recognizes your rights as the owner of the self-employment, which will be for Rosreestra the basis for registering and issuing a document that your structure will legalize.

All these procedures last from 3 to 6 months and a positive court decision will not be necessary.

How to arrange samostroy if the earth does not belong to you

Even if you built something on the plot of land, which is not in your property, there is hope for a prosperous outcome, only to execute documents at the same time with the start of construction:

• well, if you have a confirmation of the fact that the land of shortness will be your property. Perhaps there are already confirming documents in the form of a draft decision on the allocation of the site or at least a written confirmation of the authority of the state of the Earth about the intention to allocate you a plot for construction. This is when the Earth is the property of a state or city;
• if your samostroy is on the land that belongs to another private owner, and this can be like a physical and legal entity, then you will have to negotiate the transfer of ownership, if not on the entire site, then at least on its part. If this does not happen, then you will lose all rights to the constructed structure.

Keep in mind: The question of how to arrange samostroy will not be decided in your favor, if it is established that the building you erected threatens health, and even the lives of others. Also, the fate will comprehend you and in the case when you have already been denied a request to change the target partition.

Here is a clear example of unauthorized construction, which is never recognized as legitimate, because there is a power lamp nearby, and the built house is placed in the security zone:

And from here you will learn how to legalize a commercially built garage: