Permission to build a hangar. Do I need to obtain permission to build a hangar? Which hangars do not require approval?

They ask us: Tell me, please, I rented a plot of land for 3 years for farming, that is, the house must be built on a foundation - that’s what the administration explained. Is it possible to build a small house without a foundation on the site and live in it while the house is being built? Will my rent be extended?

We answer: In accordance with Art. 4 Federal Law of July 7, 2003 N 112-FZ “On personal subsidiary plots”, land plots for running personal subsidiary plots are divided into two types: land plots within the boundaries of a populated area (household land plots) and land plots outside the boundaries of a populated area (field land plots).

In accordance with Part 3, 4 Art. 4 of the said Federal Law, a plot of land is used for the production of agricultural products, as well as for the construction of a residential building, industrial, domestic and other buildings, structures, structures in compliance with town planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and regulations . A field plot of land is used exclusively for the production of agricultural products without the right to erect buildings and structures on it.

In order to determine whether it is possible to construct buildings and structures on the plot you rent, it is necessary to determine whether it is located within the boundaries of a populated area, and, accordingly, whether it belongs to the type of personal or field land plot.

If the plot of land provided to you by lease is located within the boundaries of a populated area and the construction of buildings and structures on it is possible, you have the right to construct an object of both permanent and non-permanent construction on it. When carrying out construction, it is necessary to comply with the requirements of the current civil and urban planning legislation, including obtaining a construction permit. However, for the construction of a non-permanent building, obtaining a building permit is not mandatory.

Therefore, to resolve the question of whether it is necessary to obtain a construction permit when constructing a specific structure, it is necessary to determine whether the object is capital. The concept of a capital construction facility is not directly defined in legislation. Construction norms and rules also do not clearly define which objects are capital and which cannot be classified as capital construction objects.

In judicial practice, certain criteria have been formed for classifying an object as capital construction, which is why obtaining a construction permit is required for its construction.

Is it possible to build a store on individual housing construction land?

Thus, such signs of capital include the characteristics of the foundation on which the object is located, and the installation of a house on a lightweight foundation or in its absence may be a confirmation of the non-capital nature of the structure.

Also, similar criteria in judicial practice include the presence of connected communications (stationary for capital buildings), structural characteristics of the object (the ability to disassemble the object without violating its integrity and functional purpose).

Any one sign (for example, the presence/absence of a foundation) cannot be considered as evidence that an object is classified as capital. Thus, the criteria available in judicial practice must be taken into account in their entirety. At the same time, an object built in the absence of a buried foundation and stationary communications can most likely be classified as a non-capital construction project, the construction permit for which is not required.

As for the possibility of extending the current land lease agreement, in accordance with the provisions of clause 4 of Art. 39.6 of the Land Code of the Russian Federation, put into effect on March 1, 2015, a citizen who is a tenant of a land plot has the right to conclude a new lease agreement for such a land plot without holding a tender if the following conditions exist in total:

1. an application for concluding a new lease agreement for such a land plot was submitted by this citizen or before the expiration date of the previously concluded lease agreement for the land plot;
2. no other person has the exclusive right to acquire such a land plot in cases provided for by this Code and other federal laws;
3. the previously concluded lease agreement for such a land plot was not terminated with this citizen;
4. at the time of concluding a new lease agreement for such a land plot, there are grounds for providing, without holding a tender, a land plot for which the lease agreement was concluded without holding a tender.

Other materials from the "Legal Consultation" section

The construction of any building consists of several stages. The first stage is related to registration of various types of permits.

Construction of warehouses

How to build a warehouse depends on what it will be like. If this is a capital structure that is inextricably linked with the earth’s surface, this is one list of documents.

If the structure represents an assembly, then the process is simplified. A prefabricated structure is not a permanent building and there are fewer requirements for it.

It's also important to know what is the warehouse for?:

• Oil storage,
• Wood storage warehouse,
• Buildings (warehouses) in which raw materials and products are stored.

For example, the level of fire danger. Premises are divided into several categories, this also applies to warehouses.

Depending on the type of building there are different requirements.

There are special documents that contain building regulations and rules. From a formal point of view, they are not required.

Is it possible to build a house yourself without the help of specialists?

However, their compliance will make it possible to protect yourself from attacks from controllers from various government bodies.

In the case of capital construction, it is necessary to obtain a building permit.

To receive it you need provide documents for land rights where construction will take place.

Before this, the project documentation will have to undergo expert evaluation.

If the project complies with all construction and other standards, then You can obtain permission from your local government authority.

In some cases, such permission is issued by government authorities. An application with attached documents can be submitted through a special center for municipal and government services.

Construction of warehouse premises requires such documents:

• Urban development plan for the site,
• Documents reflecting the layout
• Documents that indicate utility networks,
• Design documentation, conclusion of the state examination on design documentation,
• Construction organization project.

Land plot for warehouse

To build a warehouse on a plot of land you need to have the appropriate rights to it. This can be confirmed by a number of documents.

For example, a lease agreement, property, which necessarily gives the right to develop. Documents relating to land rights must confirm that it can be used for the construction of industrial premises.

Also, the desire to build must fit into local land use regulations. But, if the land is needed for farming, then building a warehouse is quite possible, because will be used for storing raw materials, products, etc.

A plot of land can also be purchased at auction. It is important that local authorities agree on land use rules. This is a document reflecting what can be built and where. These rules are tied to local development plans.

If these rules are absent, then, even if the land plot allocated for a warehouse is intended for the construction of industrial buildings, the law prohibits issuing construction permits.

An exception is made only for construction projects of federal significance.

Connection to communications is carried out through the relevant organizations(supply of electricity, water).
Then you need to submit documents to the appropriate commission of specialists from different departments. This commission gives the use of the finished building, recognizing it as suitable for this purpose.

Every large and medium-sized production requires the presence of warehouse, technical, workshop and other production facilities, as well as administrative buildings and a sanitary building. Modern construction technologies for the construction of hangars make it possible to solve most of the tasks, without large financial costs (for example, the construction of a frameless hangar does not require large financial investments, the cost can be found here). Before starting construction work, a natural question remains to be resolved: “When constructing a light hangar-type building Is it necessary to obtain a building permit, and if so, which one?”

Is it required to obtain a permit to build a hangar under Russian law?

Article 51 of the Civil Code of the Russian Federation states that obtaining permits for construction is necessary in cases where it affects other objects existing on the site. If the integrity of surrounding buildings is compromised and there is a threat of collapse and danger to people, then a permit is required. Exceptions are specified there. The same article defines cases when permits are not required. This is if the hangar cannot be classified as a permanent building. Temporary, collapsible, mobile buildings are just like this. In most cases, these are awnings, kiosks, etc.

When is a permit required to build a hangar?

The legislation evaluates objects from the point of view of belonging to real estate. If there is a causal connection with the land on which the structure is erected, then it belongs to the category of real estate.

Design debate: Is a million to build a house a lot or a little?

This means permission will be required. The determining factor for establishing communication is the inability to move the object without causing damage.

In fact, the presence of a foundation, its type, the presence of communication lines connected to the object, as well as the presence of utilities are considered:

• water supply;
• sewerage;
• centralized heating;
• laying a fixed power line.

Based on the above characteristics, it is established that the object belongs to the category of real estate. In this case, permission is required. And if we are building a temporary hangar, is it necessary to obtain a construction permit?

Is it necessary to obtain a building permit if the hangar serves as a temporary technical building?

If the hangar structure is installed as a temporary facility (at a construction site, for agricultural purposes for harvesting, and so on), then permission will not be required even if there are signs of real estate. It is important that the technical documentation indicates the possibility of dismantling the hangar for subsequent installation.

What is required to legally install a hangar?

Most cases involve permanent installation for production purposes. In this case, it is necessary to obtain permits. Their complete list consists of:

• documents on ownership or lease of land indicating the intended purpose - development;
• design documentation for the hangar;
• economic feasibility study for construction;
• project indicating the location and area occupied by the hangar;
• statement from the owner of the structure being constructed.

The authorities that issue permits are city and regional councils. The above documents are submitted there. Next comes coordination. If no legitimate reasons or grounds for refusal are identified, permission will be issued.

Can they refuse?

The answer is yes, yes they can. A legal right is granted if there are objective reasons, and the construction of a structure contradicts the current legislation of the Russian Federation.

There are many reasons for refusal. The most common problems encountered are:

1. The construction of a hangar by its appearance and location violates the architecture and landscape of the surrounding area, thereby disfiguring the city within its borders.
2. The design documentation does not provide for sufficient safety in environmental issues, sanitary standards, fire safety, and so on.
3. Inability to carry out construction due to the presence of poor soils (quicksands, subsidence, etc.), as well as when the depth of groundwater does not allow it.
4. Other reasons.

What to do if permission to build a hangar has not been issued?

The legislation does not oblige government agencies to indicate the reasons for making such a decision. But the developer must be offered an alternative option. These could be:

• making changes to engineering and technical documentation in order to finalize the requirements specified by the government agency to full compliance with fire safety, sanitary standards, and so on;
• reducing the overall dimensions of the hangar in length or height;
• reducing the weight of the structure by installing a less powerful foundation and eliminating large dimensions.

When the refusal is unmotivated and no alternative proposal has been received, it is necessary to immediately file a claim in court. Such cases are considered by regional arbitration courts.

We help our clients resolve all issues with licensing authorities. By taking on all the hassle associated with town planning and other bureaucratic organizations, we help save you time, money and nerves. Our managers and lawyers will quickly and efficiently prepare all documents, and we will be able to quickly move from the preparatory stage to construction. By purchasing a hangar from our company, you will receive a high-quality and reliable structure, and we will take care of all the worries!

More articles on the topic

Permission to build a hangar

The construction of hangars allows you to solve most of the tasks, without large financial costs (for example, the construction of a frameless hangar does not require large financial investments, you can find out about the cost). Before starting construction work, a natural question remains to be resolved: “When constructing a light building such as a hangar, is it necessary to obtain permission for construction, if so, which one?”

Is it required to obtain a permit for the construction of a hangar under the legislation of the Russian Federation?

Article 51 of the Civil Code of the Russian Federation states that obtaining permits for construction is necessary in cases where it affects other objects existing on the site. If the integrity of surrounding buildings is compromised and there is a threat of collapse and danger to people, then a permit is required. Exceptions are specified there. The same article defines cases when permits are not required. This is if the hangar cannot be classified as a permanent building. Temporary, collapsible, mobile buildings are just like this. In most cases, these are awnings, kiosks, etc.

When is a permit required to build a hangar?

The legislation evaluates objects from the point of view of belonging to real estate. If there is a causal connection with the land on which the structure is erected, then it belongs to the category of real estate. This means permission will be required. The determining factor for establishing communication is the inability to move the object without causing damage.

In fact, the presence of a foundation, its type, the presence of communication lines connected to the object, as well as the presence of utilities are considered:

• water supply;
• sewerage;
• centralized heating;
• laying a fixed power line.

Based on the above characteristics, it is established that the object belongs to the category of real estate. In this case, permission is required. And if we are building a temporary hangar, is it necessary to obtain a construction permit?

Is it necessary to obtain a building permit if the hangar serves as a temporary technical building?

If the hangar structure is installed as a temporary facility (at a construction site, for agricultural purposes for harvesting, and so on), then permission will not be required even if there are signs of real estate. It is important that the technical documentation indicates the possibility of dismantling the hangar for subsequent installation.

What is required for legal installation of a hangar

Most cases involve permanent installation for production purposes. In this case, it is necessary to obtain permits. Their complete list consists of:

• documents on ownership or lease of land indicating the intended purpose - development;
• design documentation for the hangar;
• economic feasibility study for construction;
• project indicating the location and area occupied by the hangar;
• statement from the owner of the structure being constructed.

The authorities that issue permits are city and regional councils. The above documents are submitted there. Next comes coordination. If no legitimate reasons or grounds for refusal are identified, permission will be issued.

Can they refuse?

The answer is yes, yes they can. A legal right is granted if there are objective reasons, and the construction of a structure contradicts the current legislation of the Russian Federation.

There are many reasons for refusal. The most common problems encountered are:

1. The construction of a hangar by its appearance and location violates the architecture and landscape of the surrounding area, thereby disfiguring the city within its borders.
2. The design documentation does not provide for sufficient safety in environmental issues, sanitary standards, fire safety, and so on.
3. Inability to carry out construction due to the presence of poor soils (quicksands, subsidence, etc.), as well as when the depth of groundwater does not allow it.
4. Other reasons.

What to do if permission to build a hangar has not been issued

The legislation does not oblige government agencies to indicate the reasons for making such a decision. But the developer must be offered an alternative option. These could be:

• making changes to engineering and technical documentation in order to finalize the requirements specified by the government agency to full compliance with fire safety, sanitary standards, and so on;
• reducing the overall dimensions of the hangar in length or height;
• reducing the weight of the structure by installing a less powerful foundation and eliminating large dimensions.

When the refusal is unmotivated and no alternative proposal has been received, it is necessary to immediately file a claim in court. Such cases are considered by regional arbitration courts.

Settle all issues with regulatory authorities for our clients. By taking on all the hassle associated with town planning and other bureaucratic organizations, we help save you time, money and nerves. Our managers and lawyers will quickly and efficiently prepare all documents, and we will be able to quickly move from the preparatory stage to construction. By purchasing a hangar from our company, you will receive a high-quality and reliable structure, and we will take care of all the worries!

Magazine "Real Estate and Investments. Legal Regulation"

Legal regulation of the construction of temporary and auxiliary facilities, as well as the construction of unauthorized buildings

Emelyanov A.S., Spetsstroyservis-R LLC

Modern Russian legislation, while quite fully regulating legal relations in the field of construction activities in the form of normative establishment of various requirements for the construction of real estate, nevertheless, in some cases, provides for a simplified procedure for the construction of structures: in particular, without the need to obtain a construction permit, carry out state examination of design documentation.

And if a legislative simplification of the procedure for legalizing country real estate used for the purposes of gardening and personal farming (the so-called dacha amnesty) has appeared relatively recently, then the simplified procedure for the construction of real estate for other purposes has been known to Russian law for quite a long time.

The relations for the subsequent recognition of ownership of constructed objects intersect very closely with the above-mentioned legal relations for construction, which is reflected and discussed in this article.

Let's try to figure out in what cases entrepreneurs and legal entities can take advantage of this simplified procedure for legalizing their buildings and structures.

According to paragraph 17 of Art. 51 of the Town Planning Code of the Russian Federation (GrK RF) no building permits required in particular in the following cases:

• construction of facilities, that are not objects of capital construction (kiosks, canopies, etc.);
• construction of buildings and structures on a land plot auxiliary use.

According to paragraph 10 of Art. 1 of the Civil Code of the Russian Federation, a capital construction object (CCF) is a building, structure, structure, as well as objects of unfinished construction, excluding temporary buildings, kiosks, sheds and other similar structures.

Thus, the legislator does not classify temporary buildings of various kinds as OKS, for which the issuance of construction permits is not required. Construction permits are not required for the construction of structures or buildings for auxiliary use, which, however, following the meaning of the law, can be considered as OKS if at the same time they do not represent temporary buildings.

A significant legal difference between temporary buildings and auxiliary structures is that temporary buildings, due to their design features and based on existing judicial practice, are not subsequently recognized as real estate, i.e. it will be impossible to register ownership of them.

Based on para. 1 clause 1 art. 130 of the Civil Code of the Russian Federation, a thing can be classified as immovable if it has a strong connection with the land and it is impossible to move it without disproportionate damage to its purpose. Also, strength and non-consumability are indicated as necessary characteristics of real estate in the theory of civil law. In this regard, temporary portable buildings of a prefabricated type (tents, kiosks, pavilions, etc.) are logically excluded from the composition of real estate.

The above legal definitions of real estate, enshrined in legislation, are currently the main criteria for recognizing objects as such in court.

In addition, the characteristics inherent to real estate and associated with continuity with the ground include such characteristic features as the presence of a foundation and the impossibility of separating an object from the foundation without causing significant damage to it, the presence of various communications in it: gas, electricity, water and etc., quite high cost (temporary buildings, on the contrary, do not have foundations, they are basically prefabricated structures that can be moved to any other place without much damage to them; as a rule, less money is spent on their construction a lot of money and time).

Meanwhile, the existence of such a generally evaluative algorithm and the absence of any legislative codification of a specific list of objects that should be classified as real estate often results in both state registration as real estate of structures that are not such, and an unlawful refusal to register real real estate objects property, which in the future can lead to legal disputes in which the court sorts out the essence of the existing relations and establishes whether this or that object belongs to real estate or not and whether the ownership of it is subject to registration.

In this regard, when deciding whether to classify an object as real estate, it is recommended to adhere to the following rule: a building or structure can be classified as real estate only if its movement is impossible without disproportionate damage to them.

Considering the issue of temporary buildings, we can conclude that the legislator classifies all public buildings as real estate, and temporary buildings that are not public buildings will be movable things, i.e. it is assumed that they can be moved without any damage to their purpose and intended use.

Thus, clause 1.1 of GrN 81-05-01-2001 includes temporary buildings and structures that are specially erected or adapted for the construction period: production, warehouse, auxiliary, residential and public buildings and structures necessary for construction and installation work and servicing construction workers .

In clause 1.2 of the Regulations on the placement of temporary buildings that are not capital construction projects on the territory of the city of Yaroslavl, temporary buildings that are not OKS also include buildings (structures) that are not related to real estate objects: sites equipped with a canopy for waiting for passengers of public transport, with a kiosk (stop complex), areas for learning to drive vehicles, temporary parking lots and parking lots, temporary trade and service facilities. Temporary buildings also include cellular antenna mast structures.

The classification of specific buildings as temporary in the event of a trial is made by the court, based on the existing legislative and theoretical-practical characteristics of real estate. In particular, in its arbitration appeal court indicated that despite the fact that currently no regulatory act fully defines a “temporary structure”, this does not mean that because of this it is impossible to classify this or that structure as temporary structures, based on the general requirements of the law, and the mere presence of central heating and water supply in a structure cannot yet indicate that such a structure is an immovable thing.

The Federal Arbitration Court also produced an additional, in comparison with the legislative, list of objects that cannot be classified as OKS (real estate) and which are temporary buildings. In this ruling, the court indicated, with reference to paragraph 1 of Art. 130 of the Civil Code of the Russian Federation, that the creation of all kinds of easily erected structures, light prefabricated structures indicates the absence of a strong connection of such objects with the ground and the possibility of moving them without compromising their purpose, and therefore these objects are non-permanent structures and cannot be classified as real estate : including objects that do not have a foundation, with walls and ceilings made of metal structures, shopping arcades... From all this, the court concludes that ownership of these objects is not subject to state registration in accordance with Art. 131 of the Civil Code of the Russian Federation, since they are not real estate objects, because are buildings that are not related to capital construction projects, and are also objects of auxiliary use.

Thus, the legislation and existing judicial practice equate the real estate with the public buildings, and temporary buildings are not classified as one of this category of objects as not having the necessary characteristics. Accordingly, the ownership of temporary buildings as movable things is not subject to state registration, and in the case of filing documents for registration of such buildings, the registering authorities must refuse to accept documents on the specified basis.

However, the mere receipt by a person of a certificate of ownership of an object does not automatically lead to the court recognizing this object as real estate in the absence of the necessary documents confirming the classification of the object as real estate - the allocation of the corresponding plot for capital construction, etc. In this regard, it follows distinguish between a trade pavilion as a public space and a temporary pavilion that is not real estate.

In another case, the court considered that a shopping pavilion is an immovable object (OKS) on the basis that it was agreed upon and built by a legal entity precisely as a capital construction object with registration and approval required in accordance with the law, despite the fact that the municipal authority authorities insisted that a legal entity does not have the right to build a permanent building.

In a different situation, the court, having established that the disputed structure - a prefabricated trade pavilion does not meet the criteria established by regulatory legal acts for classifying the object as real estate, since it is a non-stationary, temporary structure that did not receive a construction permit in connection with this and was erected on land for short-term lease, declared the state registration of ownership of this object illegal. And the conclusion of the State Unitary Enterprise Central Research Institute of Building Structures, available in the case materials, according to which the disputed structure was permanent and not temporary, did not affect the said court decision.

If, from the documents issued by the authorized body carrying out technical registration, it follows that the object has signs indicating that it is firmly connected to the ground, i.e. is an object, the movement of which without disproportionate damage to its purpose is impossible, then the registering authority carries out state registration of the right to such an object. Therefore, when it follows from the case materials that the will of the local government body was actually aimed at creating a real estate object, despite the fact that the specified object is called in the documents a temporary trade and exhibition pavilion, the court recognizes such an object as real estate.

Unlike temporary buildings, recognition of an object as an auxiliary structure cannot automatically lead to a refusal to recognize this object as real estate (RMP): being an auxiliary structure and not being a temporary structure, the object will simultaneously be real estate, i.e. ownership of it will be subject to state registration.

What does the legislation classify as auxiliary structures, which, however, are also not required to obtain a building permit?

According to GOST 27751-88 “Reliability of building structures and foundations,” buildings and structures for auxiliary use should be understood as structures of a reduced level of responsibility. These include greenhouses, greenhouses, summer pavilions, small warehouses and similar structures. Of course, such structures can be not only temporary, but also stationary (immovable): for example, a warehouse fundamentally built to serve a shopping complex or a holiday home.

Of Soviet legislation, paragraph 20 of the Letter of the Ministry of Housing and Communal Services of the RSFSR dated 03/09/1977 No. 15-1-103, which stated that non-residential civil buildings also include permanent non-residential buildings, is of interest auxiliary purpose, For example: the structure of a bathhouse, laundry, catering unit, garage, etc., located on the land plot of a special-purpose building(hospitals, sanatoriums, dispensaries, etc.). As we can see, this contained an approximate list of auxiliary structures, although for some reason they were simultaneously classified by the legislator as capital (whether by this concept a full-fledged OKS was meant or whether the legislator really meant an auxiliary structure in their modern interpretation is not entirely clear from the above normative act of the Soviet period due to the lack of a specific definition of these terms in it).

In accordance with clause 6 of the Explanations on the application of the provisions of the Civil Code of the Russian Federation regarding the implementation of state construction supervision, the criterion for classifying buildings and structures as auxiliary is the presence on the land plot in question of a main building, structure or structure in relation to which the new building or structure performs auxiliary or service function. Such structures include mobile prefabricated and container buildings and warehouses, garages, checkpoints for protecting objects and other similar structures. That is, this list of auxiliary structures contains both clearly temporary objects and stationary ones.

In this regard, the position of Gosstroy is also interesting, on whose website it was once explained that, for example, a swimming pool next to a country house or dacha will be an auxiliary structure, but a swimming pool built for sports and entertainment purposes as an independent structure is considered an auxiliary building. appointment cannot apply.

At the same time, taking into account such evaluative concepts in various regulations, a person, in the event of controversial situations, must provide strong evidence that the constructed structure is of an auxiliary nature: for example, an enterprise explained in court that on the territory of the agricultural complex it built a feed warehouse on the site of an existing one and a new one. rendering the same warehouse unusable, classifying it as an auxiliary building for livestock farms, and therefore did not receive any permits for its construction. Meanwhile, the court did not agree with this point of view, indicating in its ruling the following: since, according to the Civil Code of the Russian Federation
the creation of structures on the site of demolished capital construction projects also refers to construction, and there is no evidence that the constructed warehouse belongs to auxiliary buildings in the case materials, then the conclusion that the enterprise did not require permits for the construction of this warehouse is unfounded in this situation and, accordingly , the construction of such a facility is illegal.

It should be especially noted that it is important for the construction subject not to make a mistake when classifying a property to one or another of these categories, since such an error may subsequently lead to the fact that the subject will be sure that he does not need to obtain permission for the construction of real estate, having considered it for an object of an auxiliary nature, which is fraught with the impossibility of completing purchase and sale transactions with such an object and its demolition as an unauthorized building and within the framework of Art. 222 Civil Code of the Russian Federation.

However, here it must be borne in mind that, within the meaning of this article of the Civil Code of the Russian Federation, only OKS (real estate) can be recognized as unauthorized buildings, and temporary buildings will not be considered unauthorized buildings, from which it follows that if the disputed object is not real estate (it is collapsible structure), then it cannot be demolished in accordance with the provisions of Art. 222 of the Civil Code of the Russian Federation, i.e. at the expense of the person who built it.

Thus, the court found that a gas station, which is a real estate object (capital construction), was illegally built on a land plot allocated on a lease basis for the construction of a temporary non-capital gas station, and therefore the constructed facility constitutes an unauthorized construction, the ownership of which is not arises because it is not the object of civil rights and, therefore, its purchase and sale and registration of ownership of it will be illegal.

As for the issue of bringing to administrative responsibility for the lack of necessary permits during the construction of objects, in order to lawfully bring a person to it, the supervisory authority must find out what kind of permission the person brought to such responsibility needed to obtain: for the construction of a separately constructed building or for a complex buildings under construction at the same address. If such circumstances are not adequately taken into account when imposing an administrative penalty, then bringing a person to justice may subsequently be recognized as illegal. Accordingly, if it turns out that the object for the construction of which a person was brought to administrative liability without permission will be a temporary or auxiliary structure, then such liability of the person will be unlawful.

Notes

1. Resolution of the mayor of Yaroslavl dated May 15, 2007 No. 1519 “On the placement in the city of Yaroslavl of temporary buildings that are not objects of capital construction” (together with the “Regulation on the placement of temporary buildings that are not objects of capital construction on the territory of the city of Yaroslavl”) .

2. Resolution of the Ninth Arbitration Court of Appeal dated March 2, 2009 No. 09AP-2171/2009-AK in case No. A40-74887/08-153-625.

3. Resolution of the Seventeenth Arbitration Court of Appeal dated January 29, 2009 in case No. A60-19089/2008.

4. Resolution of the Federal Antimonopoly Service of the Moscow District dated February 13, 2008 No. KG-A41/159-08 in case No. A41-K1-2108/07.

5. Resolution of the Federal Antimonopoly Service of the Moscow District dated October 4, 2005 No. KG-A41/9448-05.

6. Resolution of the Federal Antimonopoly Service of the Moscow District dated July 26, 2007, July 27, 2007 No. KG-A40/7019-07-P in case No. A40-22340/06-50-178.

7. Resolution of the Federal Antimonopoly Service of the Moscow District dated July 5, 2006 No. KG-A40/5041-06 in case No. A40-50476/05-50-462.

8. Resolution of the Eighteenth Arbitration Court of Appeal dated March 12, 2009 No. 18AP-1499/2009 in case No. A07-15333/2008.

9. Resolution of the Federal Antimonopoly Service of the North-Western District dated December 26, 2006 in case No. A05-10593/2006-29.

10. Determination of the Supreme Arbitration Court of the Russian Federation dated April 20, 2009 No. VAS-3873/09 in case No. A14-6848/2007-263/32.

11. Resolution of the Tenth Arbitration Court of Appeal dated January 12, 2009 in case No. A41-K1-13135/07.

12. Determination of the Supreme Arbitration Court of the Russian Federation dated June 8, 2009 No. VAS-6731/09 in case No. A76-25766/2007-4-677/150.

13. Resolution of the Federal Antimonopoly Service of the Moscow District dated August 27, 2008 No. KA-A40/7698-08 in case No. A40-17171/08-79-213.

EMELYANOV Alexander Sergeevich. Experience in legal work - since 2001. Legal consultant of Spetsstroyservis-R LLC.

Arched hangars, construction of hangars. Peculiarities.

The main feature of this construction of hangars there will be high speed. That is, frameless construction technology can significantly increase the speed of work. In addition, the absence of labor-intensive work and supporting metal structures in the construction arched hangars ensures ease of construction in any conditions. It is also worth highlighting the technological process, which involves construction of frameless hangars with minimal participation of equipment and qualified personnel due to production automation.

Hangars price. Arched hangars.

This issue will be no less important for the customer than product quality. In particular, prefabricated structures and arched hangars will be less expensive than standard designs by half. That is, when choosing a reliable prefabricated hangar the client saves costs twice as early as at the construction stage, and also saves during operation due to minimal maintenance requirements.

Please note that the cost arched hangar will depend on its internal area. The calculation is carried out based on the actual space used, which is carefully calculated and indicated in the project. At the same time, cost savings are based on several points at once - no need to form a foundation, minimal load on supporting structures, as well as a significant expansion of internal space due to the exclusion of additional elements for strengthening in construction prefabricated building .

Choosing prefabricated hangars , the client gets the opportunity to install the structure in a minimum time due to ready-made sets of structures.

Separately, we should highlight the possibility of installing this type non-constructed buildings in difficult climatic conditions. Our arched hangars provide for prolonged precipitation, large amounts of snow or heavy rain. In any of these situations, the structure will not be damaged and will keep transport, grain or any other things inside frameless hangar . Moreover, construction is possible even in those areas where the use of heavy equipment is not possible.

Arched hangars. Models of frameless hangars.

Our company offers to choose prefabricated building , which will be an ideal option in each specific case. First of all, the length arched hangar is not limited by anything other than the imagination or desire of our clients. That is, you can form a structure of any length. The width is selected depending on the type of structure. You can create a hangar up to 21 meters wide even in difficult operating conditions.

All types of models and designs arched hangars are distinguished by high quality and durability. We suggest using prefabricated buildings , which will be truly the best option for storing equipment, grain, or even raising livestock. You choose the option yourself collapsible hangar , which will satisfy all requirements.

It is important to emphasize that we have already developed and implemented many unique projects that allow you to immediately formulate a task and create arched hangar for the workshop, perform construction of frameless warehouses or other options for prefabricated buildings. You can explore the entire range of products, as well as supplement ready-made projects with your wishes and requirements.

When choosing a separate project, our experts recommend paying attention to factors such as dimensions, insulation or design arched hangar. Accordingly, we will help you choose prefabricated building, which will be ideal for your purposes and easy to operate in a specific climate zone.

Prefabricated collapsible hangar price from 2100 rub/m2 .

Prefabricated collapsible hangar price from 2650 rub/m2 .

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Hangars construction of prefabricated collapsible hangars.

The company "super HANGAR" is the official distributor With boron collapsible hangars , produced using Canadian technology.

Innovative Canadian technology construction of hangars allows you to achieve stability, strength and durability of the structure with minimal labor costs. It only takes a few days to complete the installation. frameless hangars , which can stand for an unlimited amount of time with virtually no need for additional care measures.

This technique is the result of more than 60 years of development, which made it possible to create the optimal technology for performing construction of hangars in any conditions.

Hangars. Construction of frameless hangars. Installation.

Among the features that characterize construction of hangars , we can highlight the simplicity of the work process. In particular, such work includes only three main stages:

Production - All parts of the structure are manufactured at the factory and are immediately ready for installation on site.

Delivery - Transportation of parts of the structure is carried out by any transport of the customer’s choice.

Assembly - All parts of the structure are quickly assembled due to a well-thought-out system. The technology can be compared to assembling a regular construction set with huge dimensions of each part.

Features of the material - In production prefabricated hangars they use structural steel with class 1 coating. In addition, when , the base material is coated with zinc, which also increases the service life and improves its characteristics.

In particular, the material arched hangars has the following properties: minimal exposure to moisture, which eliminates corrosion processes during operation; resistance to mechanical stress due to the strength of the material; no deformation when exposed to temperature; fire safety - the material is not flammable; safe for human use; no release of harmful substances when heated or other negative factors.

Of course, these are not all the features of using structural steel in the formation prefabricated hangars various types of purposes. In order to clarify more detailed characteristics of the material, you can contact the service managers, who will provide a complete description of each type of hangar.

Installation of an arched hangar- First of all, construction of arched hangars will not require heavy equipment or a large staff of specialists. Well-thought-out technology involves the participation of a limited number of professionals and an automated process, which also eliminates errors or flaws in the construction of the structure.

Construction of arched hangars, prefabricated and dismountable. Main stages.

Formation of the foundation - This is the initial stage, which requires the creation of a foundation - preparation of the site and foundation for construction of arched hangars and structures. A strip foundation is used, which allows the structure to be firmly secured and stable.

Assembly - It should be emphasized that construction of arched hangars has a specific methodology; each kit comes with detailed assembly instructions. This assembly method eliminates welding and damage to the material structure. All structural parts are assembled using bolted connections.

Moreover, during the assembly stage arched hangar Additional gaskets are used to increase strength and resistance to moisture or precipitation. Gaskets also provide better protection for storage of equipment, grain or materials.

Installation - It is important to emphasize that the assembly of all parts prefabricated hangar carried out on a flat area, and only then it is fastened and the arches are transferred to the foundation base. That is, the structure of the arches is transferred and secured with anchors to the foundation, ensuring high quality installation and strength arched hangar.

Length selection - Note that construction of arched hangars can be made in various sizes, and the length of the structure is chosen by the customer himself. At the same time, it is formed by installing a certain number of arched structures. That is, the number of arches that will be installed will determine the length of the structure itself.

Building broach - This stage requires strong fastening of all bolts to connect the arches to the foundation. Accordingly, at this stage the structure is secured, but without installing the ends.

D additional equipment and hangar ends - This stage will be the final one. Ends, additional equipment ordered by the client, as well as gates, ventilation or doors and windows are installed.

Special panels can be installed to transmit light or other parts of the structure, which can be studied in the catalog.

Large production cannot do without a hangar structure, since the presence of such a premises provides the business owner with the opportunity to build large structures and store large quantities of goods. In order for the construction of such a structure to be legal and to comply with all legal requirements, even at the initial stage of building the premises, you should obtain permission to build your own hangar from the relevant authorities. To do this, it is important to clarify all the details of receipt and collect the required package of documents.

Content

Is it required to obtain a permit to build a hangar under Russian law?

The whole issue regarding obtaining documents for the construction of a particular document is regulated by Art. 51 of the Civil Code of the Russian Federation, in particular, it indicates the need to obtain a permit if construction:

• capital;
• affecting the integrity of neighboring buildings;
• may pose a threat to others.

This legislative act specifies exceptions to the rules and options that do not require contacting the authorities. But only mobile buildings, those that are prefabricated/collapsible, are relevant to them.

When is a permit required to build a hangar?

A permit document is important for the construction of capital buildings that are connected to the ground for their construction. To identify this relationship, several criteria are taken into account:

• the building cannot be moved after construction;
• it has a foundation, and its quality is important;
• main walls and roof;
• the building is fully equipped with utilities.

Important: by comparing all the listed factors, it is determined whether the object belongs to real estate, the construction of which requires permission.

Is it necessary to obtain a building permit if the hangar serves as a temporary technical building?

The building is a temporary structure, even if there are signs of real estate; is a permit required for the construction of a hangar in this case? The legislation in this case is unambiguous; the consent of the authorities is not required if the technical documentation states that the structure can be dismantled.

What is required to legally install a hangar?

When you need permission to build a hangar on your own site for business or industrial activities, permitting documents are required to obtain which should be prepared:

• developer's statement;
• title or lease documents relating to land;
• explication of the premises;
• economic justification for such construction;
• project of the land area indicating the location of the building.

Important: you need to submit the package to the city council, which, after a positive decision, will issue the appropriate paper.

Can they refuse?

You can receive a negative decision for the following legitimate reasons:

1. The construction of a hangar will disrupt the architectural ensemble of the area.
2. The package of documents does not contain the conclusions of the required authorities - the sanitary and epidemiological station, the fire department, and so on.
3. Impossibility of construction in the specified location due to natural problems.

Besides this, there may be other reasons.

What to do if permission to build a hangar has not been issued?

Then a logical question arises: how to obtain permission to build a hangar if it is absolutely necessary and there is no consent from the authorities.

In this case, it is important to find out the reason for the refusal and, if possible, eliminate it, and then resubmit the package.

Conclusion

The construction of a hangar structure is always justified, since the business can be large-scale, and one cannot do without such a structure. In order for this process to be legalized without problems, you must comply with all requirements and promptly contact municipal authorities for consent.

Art. 51 clause 17 of the Town Planning Code of the Russian Federation:

17. The issuance of a construction permit is not required in the following cases:

1) construction of a garage on a land plot provided to an individual for purposes not related to business activities, or construction on a land plot provided for gardening or dacha farming;

2) construction, reconstruction of objects that are not capital construction objects (kiosks, sheds and others);

3) construction of buildings and structures for auxiliary use on the land plot;

4) changes to capital construction projects and (or) their parts, if such changes do not affect the structural and other characteristics of their reliability and safety and do not exceed the maximum parameters of permitted construction and reconstruction established by town planning regulations;

4.1) major repairs of capital construction projects;

4.2) construction, reconstruction of boreholes provided for by a technical project for the development of mineral deposits or other project documentation for the performance of work related to the use of subsoil areas prepared, agreed upon and approved in accordance with the legislation of the Russian Federation on subsoil;

5) other cases, if in accordance with this Code, the legislation of the constituent entities of the Russian Federation on urban planning activities, obtaining a construction permit is not required.

Art. 1 of the Town Planning Code of the Russian Federation:

– a capital construction facility - a building, structure, structure, objects whose construction is not completed (hereinafter referred to as unfinished construction objects), with the exception of temporary buildings, kiosks, sheds and other similar structures.

Article 130 of the Civil Code of the Russian Federation. Immovable and movable things

1. Immovable things (real estate, real estate) include land plots, subsoil plots and everything that is firmly connected to the land, that is objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures, unfinished construction projects. Immovable property also includes aircraft and sea vessels, inland navigation vessels, and space objects subject to state registration. The law may classify other property as immovable property. 2. Things not related to real estate, including money and securities, are recognized as movable property. Registration of rights to movable things is not required, except in cases specified in the law.

Based on the above legal framework, when constructing a hangar that is a collapsible structure (in most cases we are talking about arched hangars) without a foundation, or with a lightweight foundation on piles, permission for its (hangar) construction is not required.