To obtain permission to build, reconstruction, demolition of a capital structure on a land plot, his owner or technical customer (usually a Devoloper/developer) must submit to state executive ones.
We will find out what Ird is
To obtain permission to build, reconstruction, demolition of the capital structure on the land plot, its owner or technical customer (usually a Devoloper/developer) must submit an application and an impressive set of documents to the state executive authorities.
This package is called the initial permissive documentation for design-in an abbreviated version of IRR. Without IRD, the development of the technical plan of the project (CCI) and putting the facility into operation will be impossible. That is, this is an important initial stage for any investor in the field of construction.
Initial-permissive documentation: why and who needs it
So, consider in more detail:
- What is permits;
- Who needs IRR;
- What is included in the package of documents;
- where to submit IRD;
- How much is the design of the IRR.
IRD is needed primarily for a permit for the construction or reconstruction of the OCS (capital structure), which can be issued only in case of compliance with the technical project:
- the requirements of the Urban Planning Code (Civil Code of the Russian Federation), except linear facilities and ACS in areas located outside the urban planning zones;
- Planning and land surveying projects (PPT and PMT), if they are necessary (Article 51 of the Civil Code of the Russian Federation).
The land surveying plan is not needed for linear facilities, the construction or reconstruction of which does not require the formation of new ZU.
Land plots (ZU), to which the actions of the GRC do not apply, are listed in Art. 36 of the Civil Code of the Russian Federation, Art. 4). The rules for their use are regulated by the executive bodies of the federal authorities, constituent entities of the Russian Federation and MHI. Basic requirements at the same time:
- the use of the land for its intended purpose;
- Correspondence of the ACS to all technical parameters.
Do IRR need for IZHS
The news for those who have acquired a land allotment to build their own residential building on it. They should not take permission, on the basis of Decree No. 340 – Federal Law of March 3, 2018. So there is no need and prepare IRD at the stage of preparation of construction.
But this is possible if the house is erected on the lands of settlements.The construction or reconstruction of a residential building on lands of agricultural significance, specially protected territories and other categories requires the design of IRD. At the end of the construction stage, a document is prepared on the commissioning of a residential building.
Is IRR required the construction and reconstruction of MKD
Yes, the main customer or the builder must prepare the initial and permissive documentation under the paraved house, but under the conditions:
- ZU was handed over to target lease for the development of the territory;
- For construction, the allotment was allocated, in accordance with the PPT and PMT, that is, if there is a plan of the territory and the boundary plan (clause 3, paragraphs 3.1, Article 51 of the GRK).
Only after the construction of the site for construction and land surveying can you begin to collect IRR. The reconstruction of MKD requires the consent of the general meeting of residents. And if the reconstruction leads to a decrease in the common property of the MKD, then absolutely all the owners of the premises of the apartment building and the parking lot are consent.
In what cases and where the permits are submitted
IRD to obtain permission for the paragraph (or reconstruction) of the OCS:
- for the development or use of subsoil – is submitted to the federal body governing body;
- objects of atomic and space industries – in the state corporation “Rosatom” and “Roscosmos”;
- Hydrotechnical structures of grade 1 and 2, which are necessary for the safe functioning of the infrastructure of air and railway transport, protection of the state border of the Russian Federation, classified facilities, construction on the continental shelf, internal and territorial waters – authorized Fed. Executive authorities;
- objects built within the boundaries of protected areas – executive federal bodies, bodies of constituent entities of the Russian Federation or OMSU (depending on whose fund is the territory).
In the reconstruction of cultural heritage objects, in case of changes in their characteristics that affect the safety and reliability of the design, permits are submitted to the executive state bodies of the OMSU, responsible for the safety of cultural monuments.
If the land plot intended for the construction or reconstruction of the OCS occupies the territory of two MO, then the IRD must be submitted to the executive bodies of the constituent entity of the Russian Federation. If the construction or reconstruction of the facility will be carried out on the territory of two or more subjects – to the federal authorities.
Who does not need permits
The permission is not needed, and IRD is not submitted during reconstruction or construction:
- IZhD (individual residential buildings);
- garden houses and outbuildings on plots for gardening and horticulture or a garage on a land plot intended for the personal needs of individuals, but not for entrepreneurial activities;
- buildings that are not capital;
- auxiliary buildings;
- reconstruction that does not affect important structural elements and the safety of the facility;
- overhaul of OKS;
- facilities for drilling wells and transporting gas;
- buildings of embassies, consulates, representative offices of the Russian Federation abroad;
- in other cases, according to the Civil Code of the Russian Federation, laws and legal acts adopted by the government or subjects of the Russian Federation.
Composition of the IRD, terms of consideration, cost
The initial permit documentation for design includes the following documents:
- an application submitted to the appropriate authority, depending on the type of ACS and the location of the storage facility on which construction or reconstruction will be carried out;
- title documents for memory:
- the property rights of the copyright holder;
- lease agreement;
- agreement on the transfer to permanent or gratuitous use;
- law or act imposing an easement;
- an agreement on the transfer of powers of the customer (government agencies, local self-government bodies, Rosatom, Roscosmos corporations) to construction organizations;
- clarification;
- layout plan of the storage facility with the placement of objects, entrances and passages, easement zones, within the boundaries of the red lines;
- master plan;
- architectural solution;
- description of engineering equipment and a plan of engineering networks with a diagram of their connection to the OKS;
- projects for the organization of survey and construction work;
- project for the demolition of the OKS or its parts;
- for objects of healthcare, education, culture, social, household, financial, religious, administrative significance, places of free access for disabled people must be indicated;
Permits are also:
- conclusion on the compliance of the actually constructed object with the technical design;
- permission to put the OKS into operation.
However, they cannot be called in full measure the original documentation, since they are drawn up at the stage when the object has already been built.
Responsibilities and rights of the authorities when receiving IRD
Federal authorities, constituent entities of the Russian Federation and the Moscow Region, state corporations should not require IRD in cases where a construction / reconstruction permit is not needed and with more documents than required by law.
After the application is accepted, within seven days, the availability of the necessary documentation and its compliance with the standards of construction and reconstruction are checked.Then, based on the results of the audit, a permit or refusal is issued.
In the case of the construction or reconstruction of nonlinear facilities located on the territory of historical settlements, or the absence of a typical architectural decision, the term for consideration, verification of IRD and issuing permission may be delayed up to a month. Verus structures can refuse to resolve:
- in the absence of the necessary documents;
- non -compliance of the project with the requirements of the Civil Code of the Russian Federation;
- the inconsistency of the architectural solution to the type of cultural heritage objects in the territory of historical settlements;
- failure to fulfill the conditions necessary for a special zone, etc.
How much is Ird
The initial permissive documentation for design contains a lot of documents that to collect is not easy.
Services for the collection and preparation of IRD for the main customer are provided by developers themselves (technical customers). Since they are also developers, that is, the implementers of the project, they have vast experience in the preparation of documentation in accordance with all the requirements.
The cost of the service is from 0.04 to 0.5% of the estimated cost of construction services. The price depends on the type and parameters of the ACS, the region where construction will be carried out. So, for Moscow, the initial and permissive documentation is usually more expensive than in other regions.
Original permissive documentation for construction: composition, nuances of design
In this article we will tell:
- The information contained in the initial permissive documentation for the construction
- List of initial permissive documentation for construction
- Nuances of the design of initial permissive documentation
- Actions after receiving the initial permissive documentation for construction
The initial and perching documentation for construction is a package of documents on the basis of which the design of the facility begins. IRD is gathering for capital construction objects of commercial and residential real estate (apartment buildings), reconstruction. Depending on the type of building and construction conditions, a package of documents may differ.
In our article, we have collected answers to the most common questions regarding IRD. After reading, you will find out what regulations regulate the process of execution of this documentation, what is included in its composition, as well as other nuances regarding the collection and design of important papers.
The information contained in the initial permissive documentation for the construction
It is impossible to begin construction or reconstruction on legally without obtaining initial and permissive documentation (IRD), the collection and completion of which is carried out before the design of the design documents, as well as before putting the facility into operation.The list of documents included in the IRD is defined in the Town Planning Code of the Russian Federation and relevant regulations.
First of all, when collecting and preparing a package of documents, it is necessary to take into account the requirements of the Town Planning Code of the Russian Federation, as the main regulatory act.
Articles 45 to 51 of the Civil Code of the Russian Federation contain a complete list of rules relating to the implementation of all stages of construction, from survey and design work to the construction and commissioning of an object. In addition, the initial permit documentation for construction is collected taking into account the following legislative acts:
- Housing Code of the Russian Federation;
- Decrees of the Government of the Russian Federation No. 87;
- Order of the Ministry of Construction of the Russian Federation No. 117 / pr;
- Decrees of the Government of the Russian Federation No. 272;
- Decrees of the Government of the Russian Federation No. 145.
If we talk about the process of coordinating permits, then each subject of the Russian Federation also has its own regulations that must be observed. For example, capital builders must carry out their activities in accordance with the Decree of the Government of Moscow.
The IRD package usually contains:
- confirmation of rights to a plot of land for construction;
- determination of characteristics, purpose of the site, types of permitted land use;
- substantiation of the possibilities for connecting the designed object to existing communications with the definition of places and conditions for connection;
- a certificate confirming the compliance of the constructed facility with safety requirements, approved terms of reference and regulations;
- confirmation of the compliance of the erected building (structure, structure, object) with what is determined by the project, technical specifications and legal acts.
The customer company can itself collect all the necessary documentation. But it should also be taken into account that only a professional design organization that has membership in the SRO is allowed to develop a construction project.
Therefore, often the authority for full or partial preparation of the IRD is transferred to the company involved in the project. In addition, the developer or owner of the territory can entrust the collection of documents to a technical customer if there is an appropriate contract.
List of initial permits for construction
Legislative acts only indirectly indicate the meaning of the term initial permit documentation. Usually this list includes papers (certificates, confirmations) related to:
- to the terms of reference and the conclusion of an agreement for the creation of the project;
- to carry out survey work on the territory of future construction;
- to the development and execution of project documents for construction and repair work;
- to perform an expert check in a state or non-state organization;
- to obtain a building permit;
- to obtain permission to put a building or facility into operation.
Design documents (graphs, diagrams, descriptions) are not formally part of the IRD. But when creating a project, specialists use the information and data contained in the initial permit documentation, and after its execution, the entire package (project and IRD) is transferred to obtain an expert opinion and a building permit. The list of documents included in the IRD includes:
- Scheme of the planning organization of the land plot or SPOZU.
- Technical conditions that must be met before connecting the facility to communications (heating mains, sewer networks, water conduits).
- Expert assessment (conclusion) of the project, compiled by specialists of a state or non-state organization.
- Permission required to start work on the construction or reconstruction of the facility.
- Part of the Urban Development Plan with a designated building site.
- Papers with various kinds of regulations or recommendations received by the developer in the municipal authority.
- If the developer of the building (structure, object) is directly the municipality, then the employees dealing with these issues must have an instruction from the head of the municipal authority in the IRD. If the developer (customer) is a group of individuals or a company, the package of documents to be sent for approval to the municipality is supplemented by a statement of intent.
The most important in the list of IRD is given to the urban development plan of the site where the construction will take place, so let's talk about this in more detail. This document is nothing more than a topographic survey of the site at a scale of 1:2000, which schematically shows:
- existing facilities, as well as those buildings that are planned to be erected on the site;
- roads, sidewalks, engineering communications;
- natural objects under state protection;
- buildings, structures or objects of cultural and historical heritage;
- common areas.
It is important to supplement the urban planning plan of the site with a justification drawn up taking into account the general plan, according to which the municipal authorities plan to equip the territory belonging to this settlement.
Also, in order to avoid claims or lawsuits, it is necessary to coordinate emerging issues with the owners of neighboring plots of land. After that, the customer must apply to the town planning council for a conclusion approving the status of the document.
It is possible to obtain permission to start construction work only if the territory designated for the construction of the facility can be used for these purposes. Officials of the municipal administration, after checking the initial permit documentation, make a decision on the compliance of the building with the urban plan.
The customer may be required to submit documents relating to connection to engineering networks, but only if it is planned to use existing general communications during construction.
The composition of the initial permits for construction is influenced by the characteristics and purpose of the future building, the intended and permitted use of the land, and the location of the site relative to other buildings and objects. If necessary, additional papers may be required to confirm compliance with sanitary, fire and environmental standards.
In addition, regional authorities can put forward their own requirements. The main thing is that they do not conflict with the above articles of the Town Planning Code of the Russian Federation.
Nuances of registration of initial permits
The documents included in the IRD are not considered the fruits of the intellectual labor of the developers. Therefore, their use does not fall under the jurisdiction of copyright law.
The authorized body or organization is obliged, after payment for their services, to provide the applicant with the initial permit documentation required by him, while observing the requirements of regulatory enactments.
The preparation of the IRD kicks off the investment process. At this stage, the financial and economic indicators and the qualitative characteristics of the building or object are determined.
The initial permit documentation, which precedes the design of the future facility, is developed on the basis of the territory planning project. PPT is approved in accordance with established rules.
If there is no City Planning Plan or not approved (not agreed upon), then the organization of preparatory work before designing a building object falls on the shoulders of the technical customer.
Everything that relates to the issues of urban planning is determined jointly by federal and regional legislation. It is not possible to develop a single document regulating the collection procedure and the list of IRD.
The legal acts currently in force in different regions, for example, if we take Moscow and the region, differ significantly. Suppose the customer plans to build a greenhouse complex. In this case, you have to collect a lot of documents. And the package will be considered incomplete without:
- Legal documents for land.
- Resolution of the head of administration regarding the approval of the site for the placement of the building / house / object, as well as the implementation of surveys on the territory.
- situational plan.
- Acts of site selection, definition of easements.
- Expert opinion confirming the absence or presence of mineral deposits in this area.
- Sanitary and epidemiological conclusion regarding the creation of protective zones.
- Conclusion issued by the Department for the operation, restoration, protection of historical and cultural heritage.
- Specifications for connection to utilities and power lines.
- Initial data and conditions of GU GO and EMERCOM.
- Town-planning conclusion on the placement of the object.
- GPZU.
- Certificates of the absence / presence of explosive objects.
- Conclusions on the removal of storm water.
- Hydrogeological conclusion.
- Data on average climatic indicators in the development region and on the wind rose.
In addition, the IRD includes documents issued by Rosavtodor on the approval of the installation of road signs, traffic lights, and the location of pedestrian crossings.
Quite often, beginners confuse the initial permit documentation with the initial production. However, they differ greatly in composition. The first package mainly contains permits issued by authorized bodies.
And in the second – documents defining the building materials necessary to start work. This means that the as-built production documentation contains descriptions and graphic materials necessary to understand the essence of each design decision made.
The performance of such work is the prerogative of special licensed bureaus.
If the executive and production papers are drawn up correctly, then it is much easier to carry out work on the construction of the facility and to operate it. The documents drawn up contain accurate information about all the work performed and the persons responsible for a particular direction.
Actions after obtaining initial permits for construction
When the formation of the package of initial permits is completed, and you can start designing, the customer sends all the data along with a detailed technical assignment to his designers or negotiates with a third-party company.
The result of the work of specialists should be a folder with project documentation. This stage of work is extremely important, since the quality of the project implementation depends on obtaining permission to start construction work.
Before proceeding directly to the construction, the development company needs to collect a package of IRD and coordinate all permits with the authorities. The approval stage consists of the following steps:
- Appeal to the city planning council for official approval.
- Obtaining a resolution from the municipal administration on the possibility of starting the design of a construction site.
- If necessary, submit your plans for public discussion.
We have to admit that the construction work itself, although not a simple matter, but their organization is more related to the solution of technical issues – this is the material support of construction, the selection of qualified personnel, and control over the execution of work.
It is sometimes much more difficult to go through the stage of registration, coordination and approval of the IRD and the project in various instances, when it is necessary to prove and defend one's position before officials of various levels.
It is possible to reduce the time of the preparatory phase with the help of a clear action plan in relation to regulatory authorities, government organizations, institutions and committees.Usually, it is possible to start designing and building a large facility after one or two years of preparation.
After collecting all the papers included in the IRD, you can begin to obtain a building permit, which allows the investor to further implement, as they say, the planned plan.
The composition of the initial permit documentation for construction
The initial permit documentation is a list of documents that may vary slightly in each specific case. Consider a general list. Without the following list, it will be impossible to approach direct design issues:
- title papers – a storage lease agreement, confirmation of ownership;
- cadastral passport of the memory;
- cadastral passport of the building (if repair or reconstruction is planned);
- the act of choosing the route of communication.
Most often, the listed papers from the IRD kit are collected first. From the composition of this subgroup, the technical customer can exclude those documents that do not correspond to the scope of the project. Below is the complete list:
- act on the allocation of memory;
- investment contract;
- permission to demolish certain objects;
- cutting ticket;
- order for the formation of the PPT.
Obtaining these papers requires contacting local authorities. To start construction, you will need only individual materials collected from the following documents on the list:
Also, the technical customer will have to request a transport service scheme and form a GPZU. The original permit package includes:
- situational plan;
- geo-substratum;
- topographic survey;
- conclusion issued on the basis of the results of engineering and environmental studies;
- conclusions on engineering-geological surveys;
- results of engineering and hydrological work;
- act of measurement of existing structures;
- confirmation of the inspection of the condition of buildings.
Often this stage of collecting IRD is called the most expensive. This includes all specifications that will be needed to start construction:
- for connection to engineering networks for the period of construction of the facility and after its commissioning;
- on fire safety;
- at the junction with the road network;
- to connect to the telephone network.
The initial permit documentation from this subgroup is an impressive package, the execution of which takes a lot of time.
Residents of Moscow and the Moscow region must obtain two more types of certificates – AGR and AGO. For other technical customers, only the terms of reference and the design task are important.
To all the listed subgroups, you can add an additional one. It includes such supporting documents and materials as letters, agreements or, for example, expert opinions.
