The procedure for commissioning an individual residential building in 2021

Hello, dear readers of the BabloLab business magazine. Plant a tree, build a house, raise a child - the 3 main aspirations in a man’s life. But we live in a country with many laws and rules; if you have built a new home, you also need to take care of paperwork for it. Let's consider how to commission an individual residential building in 2021 on your own. We will also describe the changes that came into effect at the beginning of this year.

Let's take a closer look at each stage of registration of a private house and buildings as property.

In the article you will learn how to put into operation an individual residential building (IZHS) + important changes as of March 1, 2021. Find out the difference between dacha amnesty and housing commissioning.

Commissioning concept

The concept of Permission to put a facility into operation is contained in the Town Planning Code of the Russian Federation , in Art. 55:

“Permission to put a facility into operation is a document that certifies the completion of construction, reconstruction of a capital construction facility in full in accordance with the construction permit, design documentation, as well as the compliance of the constructed, reconstructed capital construction facility with the requirements for 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 permitted use of the land plot or in the case of construction, reconstruction of a linear object, the territory planning project and the territory surveying project, as well as restrictions established in accordance with land and other legislation of the Russian Federation ."

Dear Clients!
The information in this article contains general information, but each case is unique. You can get a free consultation from our engineers using one of our telephone numbers - call:
8 Moscow (our address)
8 St. Petersburg (our address)
All consultations are free.

To obtain permission to put into operation, it is necessary to prepare a list of documents established by law and go through the sequential procedures provided for by legal norms.

Depending on the type of construction work that was carried out on the property, the list of documents and actions to be entered will be different.

The two main types of permits to put an object into operation are permission to put an object into operation after construction and permission to put an object into operation after reconstruction.

Law office

Filling out the header In the header of the created document, put the date of acceptance of the OS for accounting, indicate the current location of the OS, and select the responsible person from the “Individuals” directory. In the “OS Events” field, indicate “Acceptance for accounting with commissioning.”

Note that the most clear criterion for determining the date of acceptance of a fixed asset for accounting is given in IFRS: depreciation of an asset begins from the moment it becomes available for its intended use. To do this, let’s look at step-by-step instructions for accepting a fixed asset for accounting using a specific example in 1C Accounting 8.

State authorities issuing permits for commissioning

The main government body charged with issuing permits for the commissioning of OKS at the federal level is the Ministry of Construction and Housing and Communal Services of the Russian Federation.

The government body authorized to issue Permits for putting objects into operation in Moscow is Mosgosstroynadzor (State Construction Supervision Committee of the City of Moscow), in St. Petersburg - Gostroynadzor of St. Petersburg (State Construction Supervision and Expertise Service of St. Petersburg).

In other regions, organs are named similarly. The main function of these federal and regional authorized government organizations is to verify the legality of the construction and reconstruction of OKS on the territory of the Russian Federation and their compliance with the norms and regulations currently in force.

For specialized real estate objects, special rules for commissioning and government agencies that have the right to issue permission for commissioning may be provided. For example, Roscosmos issues permits for the commissioning of facilities related to the space industry.

The powers of government bodies in the field of construction expertise and issuance of permits are assigned to:

Town Planning Code of the Russian Federation dated December 29, 2004 N 190-FZ.
Decree of the Government of the Russian Federation dated 02/06/2012 N 92 “On the federal executive body authorized to issue construction permits and permits to commission capital construction projects”
Order of the Ministry of Regional Development of the Russian Federation dated July 2, 2009 No. 251 “On the organization of work on issuing construction permits and permits to commission capital construction projects specified in part 5.1 of article 6 of the Town Planning Code of the Russian Federation, located on land plots on which the town-planning regulations do not apply or for which town-planning regulations are not established, with the exception of capital construction projects in respect of which the state examination of design documentation and (or) the issuance of construction permits is entrusted to other federal executive authorities.”

According to the hierarchy of legislation, the Town Planning Code occupies the leading place; other regulations are developed on its basis and cannot contradict it.

To implement the norms for issuing permits for OKS, each region can develop its own regulations, but they cannot contradict the Civil Code of the Russian Federation.

Commissioning documents

The Civil Code of the Russian Federation has established a limited list of documents that must be prepared and sent to the authorized government agency to obtain permission to put a facility into operation.

These include:

Application for permission to put the facility into operation.
Documents evidencing the lawful use of the land plot on which the OKS is located (certificate of land title, lease agreement).
Urban development plan or planning project and land surveying project (for linear objects).
Permit for construction of OKS.
The act in accordance with which the OKS was accepted by the customer of the work - for cases of construction/reconstruction on the basis of contracts.
Confirmation of compliance of the construction work carried out with technical regulations, other requirements and standards (this document is prepared and signed by an authorized person from the construction company that carried out the relevant work).
Confirmation of compliance of construction or reconstruction at the site with a previously prepared construction or reconstruction project.
A letter or other document from an authorized organization confirming that the OKS complies with the technical conditions for connecting to utility networks.
A diagram made according to the rules, which displays the location of the public utilities system and all engineering systems on the land plot.
A conclusion from the authorized construction supervisory body that the constructed facility meets all the requirements of construction regulations.
Technical plan of the property, prepared based on the results of measurements and coordination of the OKS.

For special objects, additional requirements for the provision of documents are established, but the general list is the same for all OKS.

OS concept

For accounting and tax accounting, fixed assets are considered to be property used by an enterprise for its economic activities for a long period of time over 1 year (neither goods, nor raw materials or supplies), generating income (direct or indirect) in current activities.

The cost of property in this category (initial) must be more than 40 thousand rubles. or equal to this amount, while the period of use of the object (useful) is more than 1 year.

Property that does not meet these criteria is not registered and depreciation is not charged.

It is possible for an object to arrive at the enterprise:

at the time of buying;
upon receipt by gift;
when creating on your own;
when created with the help of contractors;
when received from the founders as a contribution to the management company.

Refusal of permission to commission

Like the list of documents for submission, the grounds for refusal are also established by the Civil Code of the Russian Federation. There are few of them: failure to submit documents required by law; discrepancies between the constructed facility and the requirements of the urban planning plan (or planning project); discrepancies between the result of construction work (reconstruction work) and the permit for construction (reconstruction) of the facility; identified significant deviations during construction from the previously agreed upon project; if the OKS does not comply with the permitted use of the land on which it is located.

Get an estimate of the cost of this service using our price calculator - here

If the applicant considers the refusal to issue permission to open a facility to be illegal, he can always challenge it in court by contacting the Arbitration Court at the location of the authorized construction supervision body. As in other cases, judicial practice on issues of appealing the actions of government authorities is ambiguous, but with the proper use of all legal mechanisms, it is quite possible to achieve the desired result and obtain the desired court decision.

Technical plan for commissioning

The obligatory document we provide as part of the kit for obtaining permission to enter is the Technical Plan. This rule was introduced from the moment Federal Law No. 221 “On the State Real Estate Cadastre” came into force. Now the technical plan for commissioning is being prepared on the basis of a new law that came into force on January 1, 2021 - Federal Law No. 218 “On Real Estate Registration.”

A technical plan for commissioning has the right to be prepared by a cadastral engineer who has the appropriate qualifications, membership in a self-regulatory organization of cadastral engineers, and experience in performing similar work.

The experience of the Smart Way company shows that it is not enough to know the laws and strictly follow all established rules for the production of technical documentation; it is very important to constantly work with government authorities, consult with them on all important and controversial issues. After all, each region can have its own rules. In Moscow there are some, in St. Petersburg there are others. Our specialists regularly visit both Gosstroynadzor and Cadastral Chambers in various constituent entities of the Russian Federation and “keep their finger on the pulse” with any changes in legislation and adjustments in the practice of providing services by government agencies.

Preparation of a technical plan for a constructed or reconstructed public utilities system involves taking measurements of the facility and coordinating it on the land plot. Measurements of the object are necessary in order to confirm compliance with the parameters of the construction project.

The form of the technical plan for commissioning is established by Order N 953 of the Ministry of Economic Development of Russia dated December 18, 2015 “On approval of the form of the technical plan and the requirements for its preparation, the composition of the information contained in it, as well as the form of the declaration on the property, the requirements for its preparation, the composition of the information contained in it.” information in it .

As we said earlier, each region of Russia has its own specified rules and procedures for issuing input permits. Let's look at the example of Moscow and St. Petersburg.

Cadastral registration of an apartment building

Cadastral registration until 2021 has undergone a number of serious changes, which concern both the procedure, control and registration authorities, and documents.

The Law on the Unified State Register of Real Estate provides for the procedure for registering apartment buildings and the necessary documents for this.

First of all, this is the Permit for Operation (commissioning of the facility). The procedure for obtaining such a document is established by other regulations.

The document that is required for cadastral registration of any building or object is a Technical Plan. Its form follows from Order No. 403 of 09/01/2010 of the Ministry of Economic Development.

But the developer will need the Technical Plan not only for cadastral registration, but also when obtaining Permission to put into operation an apartment building. This is a slightly different document than the one provided to the Cadastral Chamber.

Cadastral registration of an apartment building is carried out independently - i.e. separately from the accounting of all premises located in it. The fact is that the existing form of the Technical Plan does not allow you to write down information about each room separately.

Registration of an apartment building in the cadastre is carried out on the basis of an application from the owner (right holder) within 10 working days.

Housing category exempt from demolition

The government proposes to prohibit the demolition of residential buildings on land for individual housing construction, dacha and garden plots, since this is, as a rule, the only housing for the owners. In this case, the following three conditions must be met:

the owner of the house must be the owner of the land;
the parameters of the house must comply with urban planning requirements;
and registration of the building must be completed before March 1, 2018. This is the expiration date of the 2006 “dacha amnesty” law, which provides for a simplified procedure for registering ownership of real estate. There are no plans to extend this law yet.

The draft laws provide for compensation from the budget for the market value of an object for demolition if the buyer, when purchasing it, did not know that it was a self-construction, because the building has been legally registered. The right to receive compensation applies only to objects whose demolition or reconstruction was decided after July 1, 2018.

Ownership of an apartment building

After cadastral registration, the copyright holder will have to legitimize his right to the constructed object.

Registration of the right to a new object is carried out on the basis of Methodological recommendations (according to Order of the Federal Registration Service of the Russian Federation No. 113 of 06/08/2007).

When registering rights, it is important for Rosrrestr to confirm the legality of the construction, i.e. submit documents confirming the object’s compliance with the requirements of regulations. For example – Permission to put a building into operation.

Registration of ownership of an apartment building is carried out by registering the rights to each individual piece of real estate in it and subject to the cadastral registration of the premises.

The experience of Smart Way company specialists in the field of accounting and registration of objects according to the new rules allows us to carry out all the necessary activities in the shortest possible time and at minimal cost to you.

How can you find out the year a house was built?

As a rule, when applying for a mortgage loan, commercial banks request information about the construction date of the property. It is possible that such data will be needed by other government agencies, or simply this information will be needed for personal use.

Wikimapia is a collection of world maps and a collection of real estate properties. It is possible to find the building you are looking for in the search system or directly on the map. But the information collected here is incomplete, and it will not be possible to find out the year of construction for every house.
“Where is this house” - a directory of domestic real estate. At the address of the building it is possible to obtain background information about the house and the time of its construction.
“For a reason” - a complete directory of real estate in Moscow. Also, by looking at the address it is possible to find out the date of construction and the date of commissioning.
“Moscow Houses” is a Moscow directory with brief information about the property you are looking for.
“House type” - here you need to use the “search for house series and standard layouts” tab; this method is not the easiest, since you need to know the approximate year of construction, what material the walls are made of and the number of floors.

Commissioning in Moscow

The procedure for issuing permits for the commissioning of capital construction projects in Moscow is regulated by the Decree of the Moscow Government of April 17, 2012 No. 145-PP “On approval of Administrative Regulations for the provision of state and “issuance of permits for putting a facility into operation.”

The body authorized to provide public services in the field of commissioning OKCs in the Moscow region is the Committee for State Construction Supervision of the City of Moscow.

It is worth noting that Moscow has its own special regulatory document regulating the construction industry - the Urban Planning Code of Moscow dated June 25, 2008 N 28.

All interactions related to obtaining permission to enter are carried out electronically using existing services on the official website mos.ru

To regulate certain procedures, the Administrative Regulations for issuing permits for commissioning were adopted with the latest amendments dated December 15, 2016.

Dear Clients!
The information in this article contains general information, but each case is unique. You can get a free consultation from our engineers using one of our telephone numbers - call:
8 Moscow (our address)
8 St. Petersburg (our address)
All consultations are free.

It establishes that the authorized bodies in Moscow for issuing permits for commissioning are: the Moscow State Construction Supervision Committee, the Department of Natural Resources and Environmental Protection, and the Moscow Department of Cultural Heritage. It depends on who initially issued the construction (reconstruction) permit which government agency should be contacted to obtain permission to enter.

It is provided that the applicant, when obtaining permission to enter, can be legal entities and individuals who are developers of OKS on land plots that belong to them by law.

To submit documents using electronic services, you must first go through the registration procedure.

The Administrative Regulations establish a list of documents required for commissioning. The first and main thing is the statement.

The full list of documents corresponds to that given in the Town Planning Code of the Russian Federation.

According to information on the website of the Moscow State Construction Supervision Authority, the period for issuing permission to enter will be seven working days. The Administrative Regulations indicate 10 days.

The grounds for refusal to accept documents for obtaining entry permits are similar to those presented in the Civil Code of the Russian Federation, however, they are supplemented - the possibility of refusal to provide public services if electronic application forms are filled out incorrectly, discrepancies in electronic documents are also indicated.

The refusal decision is issued in the form of an electronic document. Its execution “on paper” is carried out if the applicant requests it within three working days. Such a document is required, for example, when applying to court to challenge a refusal to issue an entry permit. The electronic document is signed with an enhanced electronic digital signature of the responsible official and is available in the applicant’s personal account.

Suspension in issuing permission to enter a facility is not provided for by current legislation. If violations are detected, the government agency does not provide the applicant with the opportunity to correct documents.

Cases of refusal to issue an entry permit are also established by the Town Planning Code of the Russian Federation and duplicated by the Administrative Regulations. We listed them earlier. It is worth noting that if the developer has partially provided the documents according to the list, and the Gosstroynadzor official has requested the missing information through interdepartmental interaction, and all this information together has discrepancies, the applicant will be denied permission to enter.

The result of applying to the Moscow State Construction Supervision Authority for permission to enter is its receipt. It is issued to the applicant in “paper form” in person or by mail. The regulations also provide for the possibility of providing an electronic document. The applicant indicates in his application the form of permission to put the facility into operation.

The cost of obtaining permission to commission a facility in Moscow has not been established - that is, this service is provided free of charge.

For full interaction with applicants, including on issues of consideration of complaints against the actions of officials and the illegality of issued refusals, the regulations provide for a pre-trial procedure for appeals. The grounds for filing a complaint may be violation of deadlines for issuing a permit or refusal, payment of a fee for obtaining a permit, illegal refusal to accept documents for entry, and others. All complaints are considered by the head of the Moscow State Construction Supervision Authority, and if a complaint is filed against him, then it is considered by the Moscow Government - the Main Control Directorate of Moscow.

A complaint can be submitted in person, by mail, or using an electronic service. The period for its consideration is a maximum of 15 working days.

How to find out the year of construction of a building by cadastral number

Important The cadastral number of a property can be found through the electronic portal of Rosreestr. The lead time for a non-urgent order is 14 days, an urgent order is 1-2 days. The amount of the state duty is determined by the Cadastral Chamber, which issues the passport on the spot (in Moscow it is 1,700 rubles). If you know the cadastral number of an apartment building, then the fastest and most convenient way is to contact the institution in person or on the state official portal of Rosreestr. On the website, by registering in your personal account, you will find a detailed registration certificate of the house, its cadastral code and year of construction.

Commissioning in St. Petersburg

The commissioning of capital construction projects in St. Petersburg is regulated by the internal documents of the Construction Supervision Service - Administrative Regulations for the provision of public services for issuing permits for the commissioning of capital construction projects (approved by Order of the State Construction Supervision and Expertise Service of St. Petersburg dated December 30, 2016 No. 10-r ).

According to this document, developers or organizations that create artificial land plots (as a special case of the construction of a special real estate facility) can apply for permission to put into operation an OKS.

When applying for permission to enter a representative of the organization, he must have a power of attorney from the manager - it is drawn up in simple written form, certified by a seal and signature.

The body authorized to issue construction permits in St. Petersburg is the State Construction Supervision Service, and the State Construction Supervision Department also participates in the process of preparing permits.

Organizations that are also involved in checking information submitted to Gosstroynadzor, according to the regulations: Committee on Urban Planning and Architecture, Committee on Property Relations of St. Petersburg, Cadastral Chamber of St. Petersburg, Office of the Federal Service for Environmental, Technological and Nuclear Supervision, Department of Rosprirodnadzor for the Northwestern Federal District, St. Petersburg State Budgetary Institution “Center for Expert and Technical Support”, St. Petersburg State Unitary Enterprise “St. Petersburg Analytical Center”, MFC of St. Petersburg.

Documents submitted for entry are submitted in paper or electronic form. The list of documents is presented in the Town Planning Code of the Russian Federation.

Permission to enter after reconstruction of the facility

The main distinguishing components of the set of documents for obtaining permission to put into operation the OKS after reconstruction are the reconstruction project, which complies with building codes and regulations, and the technical plan for the OKS after the construction changes have been made.

After the reconstruction of a property, its changes occur, including the internal configuration, the location of support systems in the building, and facades. A new object does not appear, but the old one undergoes a significant modification. The associated legal consequences relate to the need to enter new information into the Unified State Register of Rights. The technical plan for the reconstructed facility will also be required by the State Construction Supervision authorities to check the parameters of the property after reconstruction for compliance with the project approved when issuing a permit for reconstruction.

When preparing a technical plan after reconstruction, a cadastral engineer measures the property, prepares outlines and draws up graphics. During the preparation process, the engineer also coordinates the site on the land plot. The technical plan includes all information about the object, the owner of the building, legal information, information about changes made. Based on the technical plan, Rosreestr updates information about the object in the Unified State Register of Real Estate. According to the new Federal Law No. 218 “On State Registration of Real Estate,” when entering information about changes to a real estate property during its reconstruction, the information is changed in the state cadastre and the register of rights simultaneously. In this case, payment of state duty is not expected - this applies to both legal entities and individuals.

Important!

Currently, confirmation of entering information into the Unified State Register during the reconstruction of a property is an extract from the Unified State Register received by the applicant.

What are the consequences of self-construction?

From July 1, 2021, the Government of the Russian Federation has set deadlines for the liquidation of illegal buildings. Owners of unauthorized construction who fail to complete demolition on time are subject to a fine of up to 50 thousand rubles, as well as confiscation of the land plot. It is also proposed to make changes to the Civil Code of the Russian Federation that affect the interests of many citizens. According to these changes, it is proposed to include not only residential buildings, but also garages, bathhouses, garden buildings, stalls and pavilions as illegal buildings.

The package of new bills prohibits the use and disposal of illegal buildings, and unauthorized buildings will need to be demolished or reconstructed at one’s own expense. If the developer cannot be identified, then the costs of demolition or reconstruction are borne by the owner of the land plot.

Thus, an article may appear in the Civil Code allowing the confiscation of a land plot in the event of failure to comply with the decision to demolish or reconstruct a building within the prescribed period.

The deadlines for the demolition of unauthorized buildings are also established by law: the maximum period is 12 months, the minimum is 3 months, and for reconstruction - from 6 months to 3 years. Fines The Cabinet of Ministers proposes to amend the Administrative Code by adding an article that provides for a fine for individuals and individual entrepreneurs in the amount of 20 thousand to 50 thousand rubles for failure to comply with requirements for the reconstruction or demolition of an unauthorized building.

Decisions on the demolition of unauthorized buildings, according to the new laws, can be made by the court, and in certain cases - by local government bodies. At the same time, to eliminate abuses, it is proposed to prohibit municipalities from making decisions on the demolition of buildings erected without permission before the entry into force of the Town Planning Code of the Russian Federation (May 7, 1998 - ed.).

It is also prohibited to demolish buildings on unregistered land until the Land Code of the Russian Federation comes into force (October 25, 2001 - ed.). In such cases or if the building is registered in the Unified Register of Real Estate, decisions on the demolition of an unauthorized building will be made in court.

Commissioning after construction

After carrying out the full range of work on the construction of a new OKS, the developer applies to Gosstroynadzor to obtain Permission to put the facility into operation. Obtaining it will not be a problem if the construction was carried out on the basis of a Permit, and the finished property corresponds to the project.

Compliance with the design of the constructed OKS will be checked by comparing it with the technical plan. The technical plan for commissioning is prepared by a cadastral engineer. The Smart Way company employs specialists of the highest level. We have experience in preparing technical plans for apartment buildings and commercial real estate, including underground parking lots.

Important!

The discrepancy in the area of the finished object and the project cannot be more than 10%.

Once the Permission to put the facility into operation is received, it is registered in the cadastral register and the rights to it are registered. It should be said that the law currently provides for the possibility of conducting cadastral registration using mechanisms of interdepartmental interaction, i.e. The technical plan may be sent by the State Construction Supervision Authority to Rosreestr. However, in practice this process is divided.

What checks and examinations are carried out?

Before the final inspection, a set of works is required:

Testing of equipment, as well as individual systems. Such activities are completed by checking the main and additional equipment.
Perform a test run.
Drawing up an acceptance certificate (required when carrying out work under the contract).

During the process of construction work and installation of structures, intermediate acceptance of equipment and structural elements of the building (including hidden work) must be organized. Functional and personal tests of certain construction systems are carried out with the involvement of the customer after completion of the work. If deficiencies were made or defects were found during the work, they are eliminated by the installation or construction company, as well as by the manufacturer, before a comprehensive inspection.

A trial run is organized before the complex equipment. The purpose of this work is to check technological schemes, equipment operation and determine the level of safety of the facility’s operation. As for comprehensive testing, it is carried out during the final inspection. This means checking the operation of units and additional networks as a whole and under load. A comprehensive test is considered successful if the main equipment worked without failures for 3 days with nominal parameters and load. For heating networks and power lines, this period is 24 hours.

It is worth noting that when conducting final inspections, Gosstroynadzor employees must check the certificates of other state supervision and control bodies, as well as structures that will supply utilities, about connecting communications to the structure on a permanent basis, about accepting the building for service and fulfilling the technical conditions for connection.

Acceptance certificate for a capital construction project

The Civil Code of the Russian Federation provides for the need to provide such a document for commissioning as an acceptance certificate. It is not always mandatory - only in cases where the developer and the customer of construction or reconstruction are different legal entities. This document confirms the fact of transfer of the object or part of the construction work to the direct customer and agreement with the work performed.

The Certificate of Acceptance into Operation of OKS should be distinguished from this act. Such a document is currently not provided when preparing a kit for obtaining an Entry Permit.