The development of design projects for modern apartments is becoming increasingly popular. The implementation of our own ideas on the arrangement of living space begins with finishing events, when the basic features of the future interior are laid. But external beautification is not enough, as a result of which many owners decide on a radical change in the apartment. To do this, the reconstruction and redevelopment of the premises is carried out with an orientation to the requests for the operation of the facility.
Moreover, approaches to the implementation of such ideas may be different. Someone voluntarily performs simple repair and installation operations even without the participation of specialists, and more responsible owners agree on a housing reconstruction project in the relevant authorities. Oddly enough, depending on the conditions and objectives of such events, both approaches may be fair. To understand the legal nuances of such actions, it is worth considering the legal side of the matter in more detail.
The concept and types of redevelopment and reorganization
The most popular type of measures aimed at changing the parameters of the premises in apartments is considered to be redevelopment. These are working actions, as a result of which the configuration of the room changes. The results of repair operations must be recorded in the technical passport of the property. Further, it should be borne in mind that the conversion, redevelopment, transfer of residential premises - these are different activities. Reconstruction, unlike redevelopment, affects exclusively engineering and communal equipment. In particular, it can be communication networks, sanitary units and assemblies, data about which are also recorded in the technical passport of the apartment.
Most often, the transfer of residential premises is considered in a separate order, although, in essence, these measures provide for the concept of the reorganization and redevelopment of the residential premises of an apartment. For example, moving a bedroom to a kitchen or bathroom to a living room inevitably requires the conversion of these rooms. The configuration of walls and partitions does not always change in such cases, but updating communication support becomes mandatory.
How are planning activities regulated?
It is worth noting that different methods of legal support for the right to sell alterations in apartments are practiced. Depending on the region, their own standards are established for passing the procedure that allows for the implementation of repair and installation operations of this kind. For example, the reorganization and redevelopment of residential premises in Moscow is guided by a local government decree under number 508. This document contains rules regarding the organization of measures aimed at introducing changes to the design of not only residential, but also typical commercial premises that are part of multi-apartment buildings.
But this does not mean at all that in other regions there may be significant discrepancies with the regulations in force in the capital. Differences, as a rule, bear only formal features and do not have a serious impact on the passage of the established procedure. And in this regard, it is worth referring to the documents of the RF LC. The redevelopment and reconstruction of residential premises is regulated by Articles 25-29 of the LCD. In particular, they describe the regulations for the approval procedure, the grounds for refusing permission to remodel an apartment, the consequences of unauthorized performance of such actions, etc.
What activities do not require coordination?
Those wishing to review the arrangement of their housing are not always required to contact the special authorities to obtain appropriate permission. Some redevelopment work can be done without too much red tape. In particular, the reconstruction and redevelopment of a living space is without documents if redecoration is planned that does not involve the correction of walls, ceilings and other supporting structures. The line in operations with engineering equipment is much thinner, but also in this area there is a wide field for independent reconstruction. So, permission is not required when installing an electric stove in the kitchen, installing a television antenna, air conditioners and outdoor grids. Moreover, in some cases even permutation of heating and gas equipment is allowed, but with severe restrictions.
It is also possible to independently carry out certain activities with subsequent notification of the work done. This is a reorganization and redevelopment of a residential building without a project and permission. Such operations include the following:
- Sealing openings in partitions that do not perform the functions of supporting structures.
- Installation of partitions, not implying an increase in the load on the elements of the floors.
- Rearrange plumbing in the bathroom, toilet or kitchen without changing the dimensions of the room.
- Glazing of a balcony and a loggia according to the standard design decision.
- Dismantling or correction of the shape of the vestibule without making changes to the parameters of its dimensions.
- Creation of openings in partitions that are not bearing.
What works are subject to coordination?
Consideration of repair and installation operations that involve obtaining a permit is impossible without mentioning the project. This technical solution indicates the activities that the property owner plans to carry out. Almost all types of conversion and redevelopment of residential premises, involving the introduction of adjustments to the design of load-bearing partitions, require the initial development of the project. In the future, the finished document is agreed with the commission. Also, the development of the project is required in case of the reconstruction of floors, changes in the architectural appearance of the facade, as well as when moving the working bathrooms. As for utilities, coordination is required for almost all operations related to gas supply.
Moreover, depending on the nature of the planned alterations, the project may be approved in different instances. Updating the same gas equipment in some cases involves obtaining permission from the fire authorities. Representatives of supervisory authorities can also give recommendations on a technical solution. So, if the project for the reconstruction and (or) redevelopment of a living room involves the location of a gas column in it, then it is more likely that the equipment will be offered to be moved to the kitchen.
What planning work cannot be allowed?
Now you can move on to the most stringent rules, which are completely prohibitive in the context of redevelopment opportunities. It doesn’t matter if there is a project or not, it will not be approved in any case.
- So, changes are not allowed that lead to a deterioration in the quality of living conditions. And this applies to the direct owner of the apartment, and its neighbors.
- It is also not permitted to carry out activities that may entail the destruction or reduction of the strength properties of the supporting structures.
- An increase in the load on such partitions is also not allowed.
- Also unsuccessful will be the coordination of the reconstruction and (or) redevelopment of the living quarters with the project for the introduction of regulatory instruments in common engineering networks.
- The transfer of heating units included in the general infrastructure of the house and located on the balcony is also prohibited.
- A differentiated approach to the formation of lists with acceptable and prohibited redevelopment measures in terms of the condition of the building as a whole is also practiced. So, if in new homes some types of work can be completely implemented even without a project, then emergency facilities cannot be subjected to such changes at all.
Permission Procedure
The enterprise should be started with the inspection of the premises by specialists who will further develop the design solution. It will also be useful to include representatives of the house operating organization in this group. Based on the data received, a project is being developed, which will need to be approved. Again, depending on the type of work ahead, a document may need to be sent to several supervisory authorities. Complex projects often require an opinion from the sanitary and epidemiological supervision. If we are talking about an apartment in a building-monument, then the rules for the reconstruction and (or) redevelopment of a residential building may require a special visa from KGIOP. As a rule, for convenience and time saving, apartment owners entrust such approvals to design organizations that were developing a specific redevelopment plan.
The main stage of the procedure for obtaining permission to implement the project is the passage of the commission, which on the basis of the information provided on the project will decide on its future fate. Most often, the procedure for the reconstruction and redevelopment of residential premises provides for the formation of a commission on the basis of the city housing inspection. In small cities, the local administration can deal with such issues. At the same time, one should not assume that the decision entirely depends on the nature of the planned actions. Increase the chances of a positive conclusion of the commission will allow the initially correctly prepared documentation.
Package of documents for approval
To coordinate the repair and installation measures for redevelopment, a statement should be drawn up, documents for the property, technical passport with a description of the premises, and a draft should be prepared. Some documents can be obtained at the local office of BTI. By the way, if the right to premises has the appropriate registration in Rosreestr, then you can do without the provision of title documents for the apartment as a whole. In some cases, the presence of a technical passport is not necessary - the commission can receive it in electronic form by sending a request to the housing inspection. Thus, the minimum package of documents should include a statement on the conversion and redevelopment of the living quarters and a project. But there is one more nuance associated with obtaining permission from neighbors. This applies to cases when reconstruction is planned in premises occupied on the basis of a social tenancy agreement. The application is drawn up by the responsible tenant of the apartment, after which the document is certified by all adult citizens living in it.
There is another nuance that, in fact, should be taken into account when performing any repair event. The fact is that the neighbors above and below, after the reconstruction is completed, can file a complaint about the negative consequences that have already manifested themselves in their housing. If such phenomena really took place - nothing can be done and you will have to compensate for the damage. However, there are cases when previously existing defects are presented as a result of repairs carried out by neighbors. An expanded procedure for the reconstruction and redevelopment of a dwelling, which will include an initial inspection of neighboring premises, will help protect yourself from such claims. It will not be superfluous if the participants of this event carry out a photofixation of ceilings, walls, communications and draw up an appropriate act.
How should the statement be written?
Owners who wish to implement a redevelopment should be guided by the form approved by the government decree No. 266 of 2005 when writing the application. The document is usually addressed to local authorities or the city housing authority. In the column "FROM" should indicate the owner, tenant of the object or other person authorized to perform repair and installation work in the room. You should also indicate the full address of the location of the apartment. In the text of the application to the representatives of the body that will have to approve the right to carry out the redevelopment, the following should be noted:
- The owner agrees to perform work in accordance with the attached project.
- Undertakes to allow authorized persons to the facility where the redevelopment is carried out.
- Undertakes to complete work activities on time.
Completion of redevelopment and redevelopment
According to the rules, a decision on the possibility of reconstruction should be made after 45 days from the date of application. But here it is important to consider that sometimes there are delays. Owners are often denied permission because an incomplete set of documents was provided. Or if the project was drawn up by an organization that does not have the right to perform such work. Therefore, it is advisable to contact companies participating in local SROs. Specialists of such firms often provide assistance in the further support of the project. It is also obvious that the refusal may be due to the technical inadmissibility of the implementation of the planned actions. But then again, professional organizations that have committed themselves to developing the project are unlikely to make such mistakes themselves.
If the project was adopted by the commission and permission to implement it was obtained, then you can proceed with direct work. However, the completion of the reconstruction and redevelopment of the dwelling does not mean that the process of housing renovation is completed in the legal sense. Next, it is necessary to invite an acceptance committee to the facility, the participants of which will confirm that the owner has implemented exactly the plan that was agreed before.
What will happen in case of unauthorized redevelopment?
It is noteworthy that the housing code does not provide for a direct ban on the consideration of an already implemented project. But this does not mean that unauthorized reconstruction will be accepted and approved. In practice, proceedings with such situations often result in owners being obliged to return the premises to their original state. Moreover, unauthorized conversion and redevelopment of residential premises is fined up to 2,500 rubles.
Unregulated alteration can cause many problems of another property. So, buying a room with a completed reconstruction without appropriate documents is quite acceptable, even if the technical passport contains a note about the update. However, in the future it will still be necessary to resolve this issue, but without the participation of the previous owners. And if the reconstruction and redevelopment of the living room does not comply with the standards, then most likely it will also have to return the object to its original state. The main problem is that even technically feasible reconstruction may not be accepted by the housing authority. If the project meets construction standards, then the best solution would be to go to court to legitimize the work done.
Conclusion
On the way to the cherished implementation of the idea of housing with improved qualities, it is not necessary to change the apartment. It is quite possible to legally reconstruct the current property. As practice shows, the execution of the registration procedure is cheaper in every sense. It is enough to write a statement on the reconstruction and redevelopment of the living space, collect documents for the apartment and develop an appropriate project. By the way, the last point is the most time-consuming, but in any case you cannot do without it. Even if we are talking about minor changes, experts recommend initially preparing a technical solution in a professional organization. In the future, it will also help to go through the necessary stages to approving the project, not to mention its final implementation in practice.