Many homeowners are completely dissatisfied with the layout of their apartment. Therefore, they often go to the point of radically changing it, especially since modern building materials and design solutions make it possible to realize any fantasies. Most of these people understand that before carrying out construction work, it is necessary to prepare a project and obtain permission for their implementation. Indeed, in the future, if you want to sell such housing, the owner may encounter many problems.
Terminology
From the point of view of the Housing Code, redevelopment is a change in housing configuration that requires adjustments to the technical passport.
In Russia, such work is allowed, regardless of who the owner of the real estate is and whether it is residential or non-residential.
What works do not require legalization?
Do I need to agree on a redevelopment? This question arises before each owner before the start of construction work, because not all of them fall under the term "redevelopment". You will not need to apply for permission anywhere if:
- cosmetic repairs are carried out (this is a replacement for flooring, painting or wallpapering, and so on);
- planned to install or dismantle built-in appliances or furniture;
- dismantling or installation of external technical devices (antennas, plates, and so on) will be carried out.
No approval documents are required for glazing the loggia and / or balcony.
When will you have to get permission?
It is necessary to coordinate the redevelopment without fail, if the partitions, doorways are moved or disassembled.
You will have to apply for a permit if you plan to expand the property at the expense of auxiliary premises or plan to install new bathrooms and kitchens. The enlargement or reduction of the area is also subject to legalization.
Without fail, permission to re-equip or equip a new vestibule will be required.
What work is prohibited?
Russian law prohibits a fairly wide range of construction works that can be carried out in your own housing. In particular, it is forbidden to redevelop technical floors, attics and public spaces. It is not allowed to carry out construction work in buildings in disrepair. It is impossible to do work that will lead to a further deterioration in the living conditions of other residents, worsen the possibility of further operation or lead to a violation of the structural strength. It is not allowed to increase the load on the supporting structures, to carry out the liquidation.
How to do everything according to the rules?
It is quite possible to agree on a redevelopment yourself, but remember that this process is lengthy. You should start by collecting documents, which in the future should be transmitted along with the application to the architectural department at the local administration directly or through the MFC.
The package of documents is as follows:
- technical passport for housing;
- documents that confirm the rights to the apartment;
- extract from the house book, indicating all residents;
- consent to construction work from all persons registered in housing and who have reached the age of majority;
- copy of personal account;
- conclusion of the SES on the compliance of housing with sanitary standards;
- a conclusion on the conformity of the apartment, which should be obtained in the Ministry of Emergencies;
- sketch or project.
In the absence of documents that can confirm the ownership, you can attach a contract of foundation, for example, a contract of sale, gift or certificate of inheritance and so on.
Sketch or project?
How to agree on a redevelopment and is it necessary to order a project or can I get by with a sketch?
The latter document will be much cheaper and can be created in the following cases:
- if it is planned dismantling or installation of curtain walls;
- if work will be carried out with window openings, including the procedure for increasing or decreasing;
- installation or dismantling of partitions in the sanitary unit;
- works will be carried out to lay or create new doorways.
A sketch is not even required to be ordered from a contractor. You can even print a floor plan and make any changes. In red, they usually mark what is to be demolished. Green highlight the changes that are planned to be made.
It is mandatory to order a project if it is planned to carry out the following types of work:
- install a new staircase;
- relocation of premises, for example, replacing kitchen and bathroom;
- if you plan to install a new floor, but not change the flooring;
- change of gas stove to electric;
- arrangement of partitions from heavy materials, for example, from a foam block or brick, as well as from those materials that will increase the load on the structure of the whole house;
- installation of additional communications, for example, storage water heater.
By the way, organizations that promise that they will agree on the redevelopment of the apartment should consult the client on all issues and conduct the entire legalization process on their own. But naturally, you can always agree on who will be responsible and for what.
It should be remembered that in each region the package of documents may differ from the above list.
Further actions
After submitting documents, they fall into the housing commission. The commission has 30–45 days to consider the application. If a positive decision is made, then about 4 months will be allocated for work.
After the completion of construction work, it is necessary to invite the employees of the housing inspection and show the result, which they must approve. If everything is in order, and an acceptance certificate will be received, then you need to order a new technical passport at BTI. After that, you will have to make the appropriate changes to the cadastral passport and register all the changes made in the Cadastral Chamber. When changing the area of housing, it is necessary to make changes to the UFRS.
Statement
How to agree on a redevelopment and how to write a statement? For these cases, form No. 266 is provided. The document must indicate the applicant’s full name, his passport data, and information on title documents. The following is the essence and type of redevelopment, the time frame in which the applicant plans to meet, and a list of attached documents.
Question price?
The most expensive thing that is part of the legalization of redevelopment is design work, especially when it comes to obtaining a preliminary permit. In the capital, such work on average will cost no less than 15 thousand rubles.
If the company promises that it will agree on a redevelopment project, then for such services it will ask at least 5 thousand rubles to pay the state fee.
The production of a new technical passport will require from 2 to 7 thousand rubles. If the customer does not want to do anything on their own, then all these expenses will have to add about 20 thousand rubles for intermediary services. And if the owner decides the matter through the court, then you will have to spend about 30 thousand rubles more on the preparation of all documents that will allow you to file a lawsuit. So the legalization process is not so cheap.
Why may they refuse
How to coordinate the redevelopment of the apartment yourself and can it be refused? The reasons for the refusal are spelled out in article 27 of the Housing Code, in particular, this can happen on the following grounds:
- failure to submit a full package of documents described in paragraph 2 of Article 26 of the LC;
- sending the application and documents to an inappropriate authority;
- inconsistency of the actual redevelopment with design decisions.
The main thing to remember is that the refusal must contain a reasoned part, which will clearly describe the reasons for the refusal.
Legalization without a project
“We agree on the redevelopment of an apartment without a project” - such ads can be found on the Internet and in newspapers. How much legalization is possible if redevelopment is actually carried out, but there is no permission for construction work? If the work was carried out in compliance with the applicable building codes, then even after the work it is not so difficult to obtain all permits. This means that the walls were not erected or dismantled, sanitary facilities were not moved, and so on.
If all prohibitions are violated, then the homeowner will have to restore the premises at his own expense. In addition, there is a big chance that the owner will be fined. And if, as a result of the work carried out, the load-bearing structures were destroyed, the whole building was weakened, or the neighbors suffered physical or material damage, then criminal liability is threatened.
If there are no major violations, and everything has been done within the framework of the requirements of SNIPs, but permission has not been obtained, then you can even order a project in the relevant organization even after carrying out the work. Then you need to follow the above procedure, collect documents and contact the department of architecture and construction under local authorities.
In order to agree on the redevelopment of premises in this order, it is still recommended to contact a lawyer, he will help to avoid getting a refusal from local authorities. If you still can’t get permission from the housing commission, you will have to go to court to get a decision that will allow you to make the appropriate changes to the register of property rights.
Trial
How to agree on a redevelopment in court and what documents will be required? The statement of claim must contain evidence that the construction work carried out does not entail a violation of the legitimate interests and rights of third parties, and does not threaten the health or life of people.
You can collect such evidence in specialized organizations, in particular, order a technical opinion on the safety of building structures and receive a report. It will be necessary to contact the Rospotrebnadzor without fail to obtain a conclusion that the premises comply with sanitary standards. It will be necessary to prepare documents confirming the ownership of real estate, certificates in form 9 and 7. Originals of technical passports, both old and new.
It is desirable, but not necessary, to obtain a conclusion in the Ministry of Emergencies. It is recommended that you contact the management organization and obtain consent from them to ensure that the redevelopment is retained.
In some cases, the judge may invite neighbors to a meeting to express their opinion on the construction work carried out, so it is better not to conflict with the latter. There is a possibility that the judge will even order a special examination or an on-site inspection.
It should be prepared that during the trial, the judge may request a wider list of documents.
If, nevertheless, the judge makes a positive decision, then after entry into legal force it should be submitted to the registration authority to make the appropriate changes (according to the requirements and results of the technical inventory).
New building
It is much easier to agree on the redevelopment of non-residential or residential premises in a newly constructed building. Most often, developers offer housing and commercial real estate free planning, that is, with the ability to do everything to your taste. However, not everything is so simple here.
Before buying square meters in a new building, it is recommended that you familiarize yourself with the places where the load-bearing walls are located, the communications for sanitary facilities, the installation of a stove, and so on. If the planned restructuring does not affect these parts of the real estate, then you can safely purchase housing and make redevelopment.
If the housing is for sale?
How to coordinate the redevelopment of an apartment on your own and is it worth buying a home where it is not legalized? Before acquiring any real estate, you should carefully study the documents, determine how much they correspond to the actual state of affairs. If, nevertheless, the apartment was really liked in all respects, but the construction work is not legalized, then the seller should ask for a big discount. After all, all permits will have to be issued to the new owner.
You should be aware that illegal redevelopment is often an obstacle to the privatization and privatization process. In any circumstances, regardless of the limitation of the construction work, it is better to legalize them.
Mortgage
How to agree on a redevelopment if the housing is pledged to a bank? The procedure in this case is practically no different. It should only be remembered that it is not worthwhile to hide the fact of carrying out construction work from a financial institution, naturally, if this does not apply to plywood wallpaper or window change.
On the other hand, the bank very rarely refuses to agree to a redevelopment, but problems can arise with the slightest delay in payments. Most lending institutions even have special employees who are entitled to visit real estate collateral.
After re-planning and putting all the documents in order, the bank should be notified without fail.
Responsibility
Where to agree on the redevelopment, is it necessary to do this at all, and is there a responsibility for the lack of permits?
In fact, even at the level of the Code of Administrative Offenses, responsibility is provided for excessive independence for homeowners. First of all, the owner can be fined, which today can be from 2 to 2.5 thousand rubles. In addition, you will have to bring the apartment to its original state. In case of failure to comply with the requirements of the local administration, she will go to court. After receiving a positive decision, the apartment is put up for public auction. After the sale of the property, the owner will be returned the proceeds from the sale, subtracting the cost of restoring the housing in its original form. If we are talking about a social contract of employment, then the issue of eviction from the apartment will be decided.
It is no secret that if you do not agree on the redevelopment of a non-residential premises or apartment, then quite often such works lead to cracks appear on the building and neighbors suffer. As a result, the guilty person is not only forced to return the property to its original form, but also to carry out repairs in the building at his own expense.
In addition, it is quite difficult to carry out any legally relevant actions with real estate where illegal redevelopment was carried out. Housing with such a “defect” loses in its value about 30% of the selling price.
In light of this, hasty decisions are not recommended. It is better to collect all the documents, make a project and only after that carry out construction work.