The construction of the vast majority of those apartment buildings that were built in our country during the Soviet period does not provide any balconies for residents of the first floors. Of course, the inhabitants of the "lower classes" are always unhappy with such discrimination. And the extension of the balcony on the ground floor as a permanent phenomenon takes place in all cities of our country, without exception. It began in the post-Soviet period, and there is no tendency towards its decline.
Today we’ll talk about those nuances, legal and not very, that the extension of the balcony on the first floor will require (permission, collection of necessary papers, actions in case of failure).
About conversion and redevelopment
Ask the older generation - it will confirm that in “those” times there could be no talk of any private annexes to state-owned apartment buildings. Nowadays, the law on this issue has become more loyal. But, one way or another, the Housing Code of the Russian Federation in its article No. 25 classifies these actions as redevelopment requiring a number of relevant approvals.
Here you have the first moment - the already mentioned article refers all the alterations to the reorganization (transfer of electric networks, plumbing, etc.) or redevelopment. The second definition includes changes related to the configuration of the room, and this is exactly our case with you.
Balcony on the ground floor: permission and everything connected with it
The fact that any undertaking in our country requires a million all kinds of certificates and permits is not a secret for anyone. Get ready - you will have to run around instances pretty well, and not the fact that everything will end successfully. The "left" balcony of the first floor of permissions will require so much that it will be reluctant to build it. Let us first consider what is expected of us officially.
Paragraph No. 2 of the 26th article of the LC RF regulates the receipt of permission for such actions from a state self-government body. As a rule, the local district administration. You should contact there with a statement, followed by a number of references.
Main papers
The main document, without which the issuance of any permits is impossible in principle, is a title deed relating to the said property, that is, the apartment that you decided to decorate with a home-made balcony. This is either a document issued during the privatization process, or a contract of sale (testament, deed of gift, etc.).
The second thing you need is an apartment plan approved by the official authority. We turn to him at BTI (Bureau of Technical Inventory). Third - the project of the planned balcony. Even if you are a certified civil engineer or architect, nobody will allow you to do such a project yourself. You have the right only to sketch the sketch. Based on it, you have to order the project in a special organization that has a license to issue such documents.
That is why, having found such specialists, do not hesitate to inquire about the availability of a certificate giving them the right to draw up such a paper.
Other documents
You will need to attach, in addition, photographs of the aforementioned house as a whole and of the place where it is planned to build a balcony on the first floor, and from different angles. Nowadays, this moment is not a problem at all. Photos can be done as many as you want.
For the next permission, you have to go to the operating organization of your house, that is, to the head of the Housing Office or the HOA (Homeowners Partnership).At the same time, stock up on inquiries in the public utilities that your balcony on the ground floor is not dangerous. We are talking about energy supervision, water utilities, SES and, of course, firefighters.
In addition to them, you will have to pave the path to the body of architectural supervision and get a document indicating the absence of your home in the list of cultural and historical values.
Do not quarrel with neighbors!
Finally, do not forget about the written consent of the neighbors. This requirement is spelled out in article 36 (paragraph number 6) of the RF LC and is due to the fact that the territory adjacent to the apartment building is considered public property.
Walking around and phoning absolutely all apartments is not required, do not worry. The same article allows you to confine yourself to the written consent of the owners of only apartments bordering yours. Namely living on the sides (through the wall from you) and directly above you.
Awaiting Response
The administration can consider a package of all the listed documents up to 45 days, then it is obliged to decide on permission or refusal. But he must be motivated. What does it mean? Let’s see for what reasons you may be denied.
If a balcony on the ground floor is prohibited, referring to the building's belonging to cultural values or architectural monuments, then such a verdict must be accompanied by an official extract from the register of such values. It should indicate - by whom, at what time and on the basis of which document this building was assigned to the list of especially important historical monuments. If you were not given such an extract, the refusal does not belong to the category of motivated ones, and you have the right to appeal it.
With whom and how to fight
If they refused with the wording of the supposedly possible distortion of the architectural appearance of the house or the whole area, it can be difficult to challenge. After all, officials-architects know better! We will have to take measures to resolve the issue peacefully, which we will discuss below.
If the public utilities object, justifying the proximity of communications (water, gas, electricity or sewer), try to figure it out on your own. Of course, when your balcony on the first floor is at a distance of, say, a sewer well less than 2.5 m, there is nothing to argue about.
If the cause is sucked out of the finger, without confirming with specific numbers, the matter is different. To do this, you will need to independently study the issue and familiarize yourself with regulatory standards.
When an obstacle is just a lack of agreement from neighbors, this is the easiest option. Most often, such issues are resolved at the district commission. Although in exceptional cases, the case may go to court.
Caution - corrections!
Formal resolution is possible (no reasons for refusal), but with some amendments. Before stocking up with building materials, carefully study their essence - maybe this is the same failure, but in a veiled form.
If you are ordered to observe the architectural style of the entire building - everything is in order. Take care of the choice of facing your balcony, which does not violate the overall harmony of the house. Today, with a wide selection of building materials - this is not a problem at all.
Sometimes the requirement concerns the size of the windows - they should not differ from neighboring ones. You may be required to take measures to comply with plumbing standards. This is usually solved by installing an air conditioner.
Firefighters may issue a ban on the use of combustible materials. But, I think, you yourself do not want to attach a balcony from boards or flammable plastic.
When the result does not suit
Slightly worse is the situation when the issued order forbids you to go beyond the red line. That is, your attached balcony on the ground floor should not exceed the size of the neighboring ones - those on top. Having spent half a year running around on instances, getting such a result can be quite annoying.Indeed, in exchange for battered nerves and funds that went into coordination and building materials, I would like to have something more than the standard 3 square meters.
However, the situation may be even worse - if you were allowed to build only with the condition of transferring important communications. A single individual (you) is not able to obtain a permit and physically transfer a gas pipe or central sewer. This wording is equivalent to a polite prohibition.
Balcony on the ground floor: issue price
But what if the official permission was not achieved? People born and raised in our country do not need to explain further actions. Everyone knows that officials exist in order to be able to negotiate with them.
So, you have to look for an intermediary who will help solve the problem. Firms, quite officially engaged in such activities, are now a dime a dozen. They are most often organized by experienced lawyers with experience and connections in government. But such intermediaries will ask you for an amount several times higher than the official permit price.
How much does it cost to attach a balcony on the ground floor? The appetites of such intermediaries are slightly lower on the periphery (about 1.5-2 thousand "green") than in the center, large regional or federal cities (from 3 to 7 thousand). The most sparing prices - in villages and small towns - can be dispensed with a thousand "conventional units". If we are talking about the capital, then when you find out how much the balcony on the first floor costs, you will be horrified - the amounts can be simply prohibitive, comparable to the cost of full-fledged housing in a remote region.
Those who can not do without
It is useless to curse intermediaries - everyone earns as he can. In the end, nobody is forcing you to turn to them. The high cost of their services is explained by the fact that, according to unofficial information, they will get no more than 20% of the money you paid, everything else is a means to solve the problem with officials at different levels.
Sometimes there are cases when a person wants to attach a balcony not on the first floor, but higher. We immediately warn that you will not achieve official permission to do this, and if this idea persists in leaving you, you cannot do without a strong intermediary.
How to choose an intermediary
In search of such specialists, try not to act blindly. Here is a short instruction according to which you will choose the one who will help you, without the risk of falling into trouble.
First of all, pay attention to the estimated time frame for resolving the issue. If a law firm promises to do everything within a couple of weeks or even several days, this is the first sign of a scam. Even with excellently debugged relationships, the collection and processing of all necessary documents takes from 3 to 6 months - no less.
Do not hesitate to inquire about the company's statutory documents and unobtrusively inquire about its reputation. Serious work experience and the absence of negative reviews speak in favor of the chosen intermediary. Of course, reviews in our time are not an indicator, but they are also suitable as an indirect argument.
be careful
Even in the case of the most favorable impression, do not rush to finance all future work. We do not recommend agreeing to a 100% prepayment in any case. Your cooperation must be formalized in an official contract.
In addition, to start the process, you have to provide intermediaries with a whole package of important documents. Their transfer must be accompanied by an appropriate act certified by a notary public where the responsibility of the parties will be stated.
Let's talk about samostroy
The vast majority of our fellow citizens who are not used to walking around and fighting with officials do just that - they attach a balcony on the ground floor and live in peace. Well, this option also has a right to exist.According to statistics, about half of all home-made balconies on the first floors are erected in a similar way.
What should the owner of such an unregulated balcony know? While you live quietly and peacefully in your apartment and use it, most likely no one will make any claims against you. But if you conceive of actions related to the execution of any legal documents relating to your apartment, you will get a number of problems.
Housing with an unlawful balcony cannot be sold, donated, bequeathed, or even registered as a security when applying to a bank for a loan. You should be aware that the Housing Code of the Russian Federation has a separate article dedicated to self-construction (its number 29), it refers to the forced demolition of those buildings that are considered illegal. So think three times before attaching a balcony on the first floor without official permission.
Underestimating the seriousness of this article is dangerous. Sometimes they demolish not only balconies, but also entire buildings that have documents of dubious nature.
How to legitimize squatter
Have you built a balcony and want to legitimize it retroactively? By law, you can contact the local administration with the appropriate statement. A representative of the authorities will draw up an act, and you will have to pay a certain amount - a fine.
Then there is a procedure for collecting all the same certificates. We are not talking about a specific deadline for its completion. You can collect them in a few months, or you can stretch the "pleasure" for years. In the same way, it is possible to contact intermediaries, they are more willing to take up cases of self-construction - obviously, getting a resolution there is a little easier.
Unofficially, it is understood that building and then legalizing a balcony is easier and more reliable than seeking permission for a project that has not yet been implemented.
In advance, it is worth worrying only about the consent of the neighbors. Well, establish contact with a reliable intermediary. He, using contacts in BTI bodies, will help to make sure that the representative who appeared to draw up the act closes his eyes to some inconsistencies and signs all the necessary certificates.
Of course, officially no one is going to recommend this method. Yes, and it will cost a lot. In large cities and central regions, none of the officials will risk this in such a way. Perhaps this option will work somewhere on the periphery - in cases not related to the most serious.