According to the current legislation, for the performance of any work related to the planning of apartments, it is necessary to obtain permission from the relevant regulatory authorities. However, as practice shows, some irresponsible citizens neglect this, as a result of which there are certain problems for people who purchase secondary housing. Besides? normative acts are constantly being supplemented and changed, therefore, what used to be correct at some point in time may cease to be so. Against this background, one quite logical question arises: what is fraught with the purchase of an apartment with unlawful redevelopment? Let's try to understand this in more detail and find out what risks real estate buyers will face, as well as how to insure themselves and avoid a lot of problems.
general information
Before we talk about the risks of buying an apartment with unlawful redevelopment, let's look at the basic terms and regulatory framework. The process of amending the design of residential buildings is regulated by the Housing Code of the Russian Federation. It spells out all the terms, the procedure for issuing permits, provides a classification of redevelopment, and also defines the punishment for any violations of the law.
It is important to understand that not all work on changing the configuration of a residential building requires permission. In some cases, it will be enough just to notify the BTI of the planned repair, so that the employees of this state organization will document future changes. These include the following:
- transfer of plumbing equipment;
- installation of a doorway in a bearing wall;
- re-equipment and glazing of balconies;
- the construction of a vestibule, increasing the thermal insulation characteristics of residential premises;
- construction of interior partitions;
- transfer of doorways.
Buying an apartment with unauthorized redevelopment in any of the above cases does not threaten anything, since they do not contradict the norms of the Housing Code and do not require obtaining permits.
Basic requirements of regulatory legal acts
Let's look at them in more detail. If your plans include buying an apartment, illegal redevelopment can cause a lot of problems, for example, if you later want to reissue documents or resell the living space. Therefore, you should know in which cases it is forbidden to make any changes to the configuration of residential premises. These include the following:
- if as a result of redevelopment housing conditions worsen or it complicates access to communications;
- the room becomes dangerous or unsuitable for living;
- in the case when the works affect parts of the house that are reserved for the activities of the civil defense services or the Ministry of Emergency Situations;
- affect the strength and durability of the supporting structures;
- pose a threat of collapse of the building or interfere with the normal operation of neighboring buildings;
- degrade ventilation equipment;
- increase the load on the supporting structures.
Buying an apartment with unauthorized redevelopment in this case is undesirable, since it is fraught with negative consequences. In more detail, what consequences you may encounter will be described later.
Types of conversion of residential premises
So what do you need to know about this? If you have weighed all the risks of buying an apartment with an unauthorized redevelopment and agree to take such a risky step, you need to have a detailed idea of what it can be. Current legislation divides the conversion of living space into two types:
The difference between them is that in the first case it is necessary to provide the regulatory authorities with just a sketch, and in the second it is necessary to develop a project. If you plan to carry out the transfer of doorways or the movement of plumbing equipment, it will be enough to submit to the BTI for approval of the draft. In addition, all changes to the apartment plan will be required.
Complex redevelopment is more problematic and time-consuming, since you will need to develop and approve a project in several state organizations. The whole process takes about six months, and you also have to pay an average of 60,000 rubles. After the permission documentation is received, the owner of the apartment needs to notify the BTI, which conducts a technical inspection and issues an act.
If you bypass this procedure, then there may be certain consequences when buying an apartment. Unlawful redevelopment in case of detection by the relevant regulatory authorities involves the punishment provided for by applicable law.
What will happen if you purchase a property with an unapproved configuration change?
Many people are interested in the question of what threatens illegal redevelopment when buying an apartment. And this is not surprising, because the secondary market is full of offers for the sale of housing with various violations. In this case, all responsibility lies not with the seller, but with the buyer. Therefore, choosing an apartment, you should very carefully approach the study of its technical passport and other documentation. After all, if after the transaction is completed in the future by the regulatory authorities any violations are discovered, you will have to pay a fine.
Acquisition of housing on credit
So what do you need to know about this? Unauthorized redevelopment when buying an apartment on a mortgage is possible only when there is no discrepancy between the technical documentation and the actual plan of the property. In this case, everything is not so scary, since all responsibility lies entirely with the person acting as the legal owner of the housing at the time of the purchase / sale transaction. Therefore, if you do not have enough money to purchase living space for cash and you want to apply for a loan for it, it is recommended that you first consult with a specialist who can check all the documentation for compliance with the main legislative standards.
What risks should be considered?
This aspect should be emphasized. As mentioned earlier, the consequences of unlawful redevelopment when buying an apartment is a monetary penalty. Its size depends on many factors and in some cases reaches very decent amounts. As a rule, a fine can be paid if the change in the configuration of the housing did not entail any consequences, namely, did not cause harm to the neighboring premises or buildings, as well as to their owners. Otherwise, the law provides for criminal liability, which is already more serious. In addition, the injured party may demand additional penalties through the court, and in most cases they manage to get them. Such cases include the following:
- violation of the functioning of ventilation;
- the manifestation of any mechanical damage on the facade of buildings;
- reduction of sound insulation characteristics of load-bearing structures.
If you are planning a redevelopment, it’s better not to be tricky, because by the noise of building tools, neighbors will certainly learn about the repair, who can inform the appropriate regulatory authorities. In addition, work can be performed with non-compliance with basic norms and rules and entail a violation in the operation of housing communications.
Illegal redevelopment can be detected by representatives of utilities when taking readings of individual meters of consumed energy. Due to the specifics of their activities, they will be forced to notify the relevant authorities whose representatives will come with an audit and, at best, will write a fine. In addition, the changes made will not be made in the technical and cadastral passport, and therefore, these documents will be invalid and you will have problems with the subsequent resale of housing.
The main risks of buying an apartment with illegal redevelopment are as follows:
- Unilateral termination of the transaction and its recognition as invalid.
- The seizure of property in favor of the state. Most often this happens when the buyer knew that the changes to the premises were made illegally, and he deliberately made a deal.
- The arrest of the property until all violations are eliminated by its current owner.
As for the sellers, they do not risk anything, with the exception of the loss of housing in value. As mentioned earlier, they are absolutely not responsible for anything. Therefore, buyers should be serious about choosing a living space, because these days the associated risks are very high. It is recommended that you think carefully several times before agreeing to any transaction.
How to be customers?
Everyone should take a very responsible approach to purchasing a home. This is especially true in cases where an apartment with an illegal redevelopment into a mortgage is purchased, because after signing the contract the owner of the property will be you and all responsibility will fall on you. In this case, there are two options for solving the problem: redo all documents for housing in the time prescribed by law or return the premises to their original state. The first method is less costly and time-consuming, so it is best to dwell on it.
How to legitimize unauthorized housing change
Let's dwell on this aspect in more detail. So, you bought an apartment with illegal redevelopment. What to do to avoid problems with the law? The answer to this question was given above: reissue documents for housing. However, you must understand that all associated costs are borne by you, not the seller. You will need to collect the following documents:
- application for changing the configuration of the premises;
- technical certificate;
- original and copy of the contract of sale;
- a copy of the civil passport of the person for whom the apartment is registered;
- new plan;
- written consent of all family members to redevelopment.
You will have only 6 months to resolve all these issues, therefore, after buying a home, it is better not to put off, but immediately start collecting documents, as this takes a lot of time. However, you should be well versed in all legal aspects. As they say, ignorance of the law does not exempt from liability, and in matters related to real estate, there are a lot of pitfalls. And buying an apartment with unauthorized redevelopment is a rather dubious enterprise, which should be approached with extreme caution. Therefore, it will be useful to get legal advice in advance. This will not only significantly speed up the process, but also avoid many problems in the future.
What to look for when choosing a home?
To avoid buying an apartment with unauthorized redevelopment, you must carefully study the documents for it. If there are any violations or illegal changes, then you can easily detect them by them. You can do this using one of the following methods:
- Often during a redevelopment, the initial characteristics of adjacent structures change, on the basis of which the residents of neighboring apartments can guess the illegality of the actions and notify the checking authorities about this. Based on the complaint, the commission leaves for the address indicated. If at the same time inconsistencies of the housing condition to its plan are revealed, then the owner will be required to pay a monetary penalty and return everything to its original state.
- A similar scenario occurs if gross violations of building codes and rules were made in the course of the changes, which led to interruptions in the operation of communications, as a result of which emergency crews were called to fix the problems. In this case, the amount of the fine will be much larger, and a criminal case may be instituted on the fact of the incident.
- Illegality of redevelopment can be detected by public utilities in the process of taking readings from meters for individual metering of energy consumption, which can also send an application to the appropriate authorities.
Any of the above cases will be recorded and reflected in the relevant documentation, so if you seriously approach its study when buying an apartment, you can avoid many problems.
Conclusion
Today, many people decide to buy an apartment with illegal redevelopment, since the cost is much lower, in the same way they want to save. However, you need to weigh the pros and cons well. It is far from always possible to legitimize changes in the configuration of premises or eliminate them, and the consequences can be quite serious. It’s better not to risk it again and not to go on dubious transactions. And if you have finally decided on the purchase of housing with unauthorized redevelopment, then carefully read the technical documentation and make sure that after the purchase you can do everything in accordance with the requirements of the law. Only in this way can you be sure that justice will not overtake you.