Often, citizens who own land plots believe that since the plot is in their ownership, it means they can build any real estate on it. However, this is not at all true. In this article we will examine in detail the question of what such a judgment can lead to and how its negative consequences can be prevented. So, you own a plot of land on which you want to build, for example, a residential building. According to the law, every citizen must notify the local government about such intentions before starting construction, and upon completion, notify the same administration about the completion of construction, attaching a technical plan for the constructed facility. This is a moment you can't miss. It is necessary to build real estate and notify government authorities so that the construction is not recognized as unauthorized construction.
According to the Civil Code of the Russian Federation, art. 222, not only real estate that was built in the absence of building permits, but also a building erected in violation of town planning and building codes will be considered an unauthorized construction. If the property is recognized as a self-construction, it will not be registered in the cadastral register and the ownership of it will not be registered.
How to obtain a building permit
First, you need to decide on the construction and find out from the lawyers whether a permit is needed to build a bathhouse. If the sauna is planned as a capital facility or will be attached to a residential building, then the consent of local government authorities is certainly necessary. But it is better to refer to the town planning code and view the full list of buildings that do not require municipal approval.
Indeed, in the modern world, the effect of laws is very fleeting and changes occur quite regularly. The future bathhouse can be equated to either mobile buildings or non-commercial temporary ones. And in this case, the owner of the site can build it without any restrictions from the authorities.
Original bathhouse in oriental style Source sense-life.com
Bathhouse without a foundation with a porch Source tiu.ru
And having found out the need for registration, you need to leave an application. But first you will have to draw up a project and attach an explanatory note to it. It contains all information about utilities, as well as a detailed diagram of the location of the object on the site.
For the decisive trip to the municipality you must have:
- application for the construction of a bathhouse;
- project with an explanatory note;
- certificate of examination of project documentation (with a positive decision);
- document on the right of ownership of a land plot;
- the latter's plan;
- passport of the owner of the site.
After the application is accepted, local governments have 10 days to make a decision. If the submitted documents confirm the fulfillment of all norms and requirements for the future facility, then upon expiration of the period the owner of the site receives a positive response. He can begin construction and exercise his right within 10 years.
Country sauna in black style Source kedrles.ru
Small steam room in black style Source nat-geo.ru
In what cases is registration required?
For those who doubt the need to register an object, there is a simple way to check. If the municipality issues written permission to build a bathhouse, this means that registration is also required. But there are still signs that will also indicate the need for official registration.
And first of all, it is the presence of a foundation. In this case, the building automatically becomes permanent. And it is immediately equated to real estate. And everything that relates to the latter is specified in detail in the Civil Code. And his entire article, number 131, is devoted to the issue of registration.
Bathhouse at a summer cottage Source 6cotok.boltai.com
Bathhouse with a relaxation room on the second floor Source alex-jashish.blogspot.com
Registration is required if:
- the building has 2 or 3 floors;
- communications are connected to it (light, water);
- the steam room is entered from the living quarters (an extension to the main building);
- the facility will be used for commercial purposes.
A positive answer to any of these points automatically results in the need for registration. In other cases, the object is considered simply the property of the owner of the site and performs the functions of improving the latter. Moreover, the owner does not even need to request permission from the authorities to dismantle the building and move it to a new location. He can even give it to a neighbor.
For those who do not want to deal with official documents, but simply incur extra financial costs, there is a way out. You can build a bathhouse without a foundation. There are quite a lot of projects that make it possible to implement a steam room, despite the fact that the object will be legally considered temporary. From the Russian black sauna to the modern electric steam room.
Mobile sauna in the form of a barrel Source build-experts.ru
Wooden bathhouses on wheels Source tvoya-banya.ru
The main thing is not to use it for commercial purposes. And also do not set up a rest room, which could be considered a sleeping place. Usually in such baths they relax after visiting the steam room right in the locker room.
Requirements for a building with a steam room
But even if you do not need to take official permission to build a bathhouse, this does not mean that you can ignore the requirements of the sanitary and epidemiological station and fire supervision. In addition, no one has canceled the GOST and SNiP standards. And the provisions of local authorities in the housing sector should be followed especially carefully. Otherwise, it’s not far from litigation with neighbors.
Modern stove in the steam room Source byvanieanehnutelnosti.sk
Sanitary standards
You can avoid possible problems if:
- Locate the bathhouse no closer than three meters from the neighbor’s fence.
- Do not bring the building closer to residential buildings (both your own and your neighbor’s) closer than 5 meters.
- Increase the distance to 15 meters when buildings are made of wood.
- Place the sauna further than 20 meters from any body of water (pond, well, borehole).
- Take into account the prevailing wind rose so as not to create smoke in the neighboring area.
- Organize an existing drain and place it no closer than 1.5 meters from the neighbor’s property.
- Build the building on a hill or provide it with a reliable foundation to avoid flooding.
Current sanitary standards are designed to avoid poisoning from spoiled water and carbon monoxide. They also help maintain good neighborly relations.
Bathhouse made of logs away from residential buildings Source roomester.ru
Compliance with fire safety standards
A traditional steam room is an object of increased fire danger, which is due to the use of heating equipment with an open firebox, storage of a large supply of fuel, and the use of flammable materials for interior decoration.
To avoid fire hazards when operating a bathhouse, the owner is recommended to follow the following rules:
- Wooden surfaces and decorative elements require pre-treatment with fire retardants. For the construction of a bathhouse, it is recommended to use wood with a low resin release rate.
- The chimney pipe and ceiling surface must be insulated with heat-resistant materials.
- The walls and floor in the steam room, which are adjacent to the sauna stove, must be lined with protective screens made of non-combustible materials. It is recommended to install a protective sheet of metal measuring 65 by 75 cm in front of the combustion chamber.
- All heat-generating elements of the stove design must be raised above the floor level by 12 cm.
- Having a reliable ventilation system and fire extinguisher in the bathhouse is mandatory.
- When laying electrical wiring in a bathhouse, the main condition is the presence of grounding for the devices that will be used in the building.
Step-by-step design of a bathhouse
Registration is carried out when the object has already been built and put into operation. By these actions he is tied to the land plot. Therefore, you will need a technical passport, which is ordered from the BTI. It is necessary for a department employee to arrive on site and take all necessary measurements.
Bathhouse built according to a Canadian project Source mrrestavrator.ru
Washing room in a Russian bath Source roomester.ru
After this, the new building is entered into the cadastral register and the relevant documents are issued. Then you need to pay the state fee. Otherwise, the process is similar to obtaining approval for construction.
Detailed list of required documentation:
- Application for registration.
- Papers on ownership (of the plot).
- Applicant's passport.
- Cadastral passport.
- Passport issued by BTI.
- Duty payment receipt.
If the registration of an object is carried out by a representative of the owner of the site, then a power of attorney must be drawn up by a notary. Companies House will consider the application within a month. The application can be submitted in person or sent by mail. This can also be done through State Services at the MFC.
But it is not uncommon for a site owner to build a bathhouse without permission from the authorities. There is an opportunity to correct the situation without applying penalties. And in most cases, the process proceeds without recourse to the courts.
Modern decoration of the steam room Source bathhouse.moscow
Bathhouse with panoramic windows Source Pinterest
Fines for unauthorized construction 2022
The Code of Administrative Offenses of the Russian Federation established monetary penalties for the construction of real estate without permits
- For citizens from 2,000 to 5,000 rubles
- For officials from 20,000 to 50,000 rubles
- For legal entities from 500,000 to 1,000,000 rubles
When registering unauthorized construction, penalties cannot be avoided; they will have to be paid in any case, but the consequences may be more global. The further development of events is the liquidation of real estate. In order to avoid such consequences, as well as for the purposes of the legitimate use and operation of the property, we strongly recommend that you consider the issue of legalizing self-construction .
Taxation
All objects that have an inviolable connection with the land are considered real estate. A more precise definition can be found by studying Article 130 of the Civil Code. And registering a building with Rosreestr is the first step for the subsequent payment of the initial tax contribution.
Beautiful bath complex made of wood Source freelancejob.ru
Font in the bathhouse and modern shower Source kupeliru.ru
For a building standing on a foundation and having an area of more than 50 m2, a fee must be paid. If the basis has smaller parameters, then tax benefits come into force, allowing you not to pay regular contributions. All owners of temporary structures are also exempt from payment.
True, in this case you will have to provide the tax office with more compelling evidence than just an oral statement. You will have to hire a certified cadastral specialist who will issue a certificate that the object is not closely tied to the land. To put it simply, it was built without a foundation. In this case, it falls into the section of movable property.
French bath with a plunge pool on the street Source villamania.ru
Bathhouse built using Canadian technologies Source stroy-podskazka.ru
Technical plan of the house
To prepare a technical plan for the structure, a specialist must visit to take measurements.
At this time, the owner of the house must be on site, open the house, present the premises. Measurements are being taken. Then the cadastral engineer prepares a document that goes for registration with Rosreestr. This is a simplified plan for general understanding. The cost of work is from 5 to 30 thousand rubles, determined by the object (distance from St. Petersburg, floor area, number of floors, urgency). In some cases, urgent work is possible - 1-2 days.
Possible penalties
An object that has not passed registration is prohibited from operating. This means that it cannot be connected to any utilities. In addition, the building cannot be assigned to the owner. And he loses the right to dispose of it. Sell, donate and leave as an inheritance.
Bath complex from the Russian hinterland Source derevo-dom.com
But there are also more serious consequences. Without registration, the bathhouse will not be insured by any of the companies involved in this activity. The object automatically acquires the status of illegal. And any commission, having identified only a couple of violations (they will find many more), has the right to make a decision on forced demolition.
But even after the complete destruction of the bathhouse, this will not end. If the sauna managed to stand on the site for three years, then the tax service will oblige you to pay for this entire period in court. In addition, he will issue a fine in the amount of 20% of the total assessed fee. In addition, all legal costs will fall on the shoulders of the defendant.
View from a modern steam room Source Yandex.Zen
Sauna with a swimming pool in the dressing room Source grounde.ru
