CrimeaPRESS reports:
In May, the Russian government issued a decree disclosing the term «auxiliary buildings and structures.» The definition of this term is important, since the construction of ancillary buildings most often does not require prior permission. I found out what types of buildings in summer cottages and village areas fall under the new definition, and which ones still have to be formalized. .
Government Decree No. 703 was issued on May 4 this year and comes into force on September 1 (its effect is temporary, for 5 years, until September 1, 2028). In accordance with this document, auxiliary buildings and structures are those that meet at least one of the criteria. Or the building must stand on the same land with the main building and be designed together with it. Or it is built “in order to ensure the operation of the main facility”, serves it and does not have any aggravating factors (a particularly dangerous facility, a sanitary zone, etc.).
The third criterion comes closest to the owners of private houses and dachas, up to townhouses: “a building or structure … including a shed, a bathhouse, a greenhouse, a shed, a cellar, a well or other outbuildings (including temporary ones), a structure intended for citizens to meet household and other needs corresponding to the type of permitted use of the land plot.
At the same time, such buildings cannot be more than three-story, their height is limited to 20 meters. The rule that auxiliary buildings do not require the issuance of a building permit is enshrined in Art. 51.17.3 of the Town Planning Code of Russia.
Recall that objects erected without a building permit — colloquially samostroy — can, in accordance with Art. 222 of the Civil Code of the Russian Federation, be forcibly demolished, and at the expense of the builder. On the contrary, it will not work to issue documents on ownership for them.
Some types of possible buildings in the private sector are explicitly spelled out in the text of the decree, while others are unclear, — says lawyer Alexei Golubev. — It is supplemented by other regulatory documents, primarily the Town Planning Code. Thus, Article 51 of the Civil Code of the Russian Federation explicitly states that the issuance of a building permit is not required for the construction or reconstruction of garages (if the site belongs to an individual and is not intended for commercial use). Similarly, it is not necessary to issue a permit for the reconstruction of a country house and garden house, outbuildings in garden plots (if they are within the limits for this category of land).
A permit is also not required for the construction and reconstruction of non-capital facilities (according to the GRC, these are structures that do not have a strong connection with the ground, a foundation and can be moved to another place without irreversible damage, the lawyer added). Depending on the construction technology, the same garages can be both capital and non-capital.
There is another document that is guided in judicial practiceGolubev noted. — The letter of Rosreestr dated April 13, 2020 explains the position of this organization regarding auxiliary buildings and structures. It contains an important caveat: those that perform the same function as the main structure cannot be recognized as auxiliary structures. This means, in particular, that a problematic object from this point of view may be a residential «temporary house», a change house, a guest house or a house for servants on the same site. The definition of an auxiliary structure for such buildings, if they are permanent, and not with an earthen floor, most likely will not be applied.
Most likely, the new government decree is not aimed at country and village houses and outbuildings around them, but is designed to “return to the mainstream” the activity of developers of cottage settlements, realtor Sergei Gorin suggested. “On the one hand, it is directly allowed to build checkpoints, gatehouses, boiler houses and similar structures without unnecessary bureaucracy,” the expert says. — On the other hand, the practice of some regions is outlawed, where a five-story hotel is being built on a site for individual construction, right behind a hut with three windows. Most likely, nothing threatens ordinary private traders at all.”
Moreover, Russia continues to operate a «dacha amnesty» — for residential and other buildings on private land, if they comply with the standards, it remains possible to register after the fact, without prior permission. However, how long this regime will last (at the moment it has been extended until March 1, 2026, but an extension for another five years is possible) is not obvious.
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