Any housing can become unique. Someone prefers a large space and does not like to divide it into small zones. Others, for example, business people, on the contrary, need peace and concentration in their own apartment, especially if a large number of people live in it, and especially children. And such people try to protect themselves from the interference of the outside world, organize for themselves a separate office, dividing the room into two parts.
But sometimes not everything depends on the desire and imagination of the owner of the apartment. Redevelopment at times would be useful, but it is simply forbidden to carry out any work on the conversion of housing without the sanctions of the management company. And in the head, the algorithm of the painful process of paperwork begins to line up, which takes away the time and effort from the forever busy modern person.
Therefore, in an effort to redevelop as soon as possible, people turn to unskilled workers or do everything on their own in the hope of saving both time and money. Do-it-yourself repairs are commendable, but often people “forget” to complete the redevelopment of an apartment, to obtain the necessary permits for any work. And from that moment on, the person remains on the other side of the law, risking serious punishment. This question is especially acute for owners of private residential complexes, which for some reason forget about the possibility of such disasters as accidents of power lines, flooding or even collapse of buildings. Going around the law, the Russian people, as usual, rely on "maybe" and expect to receive documents after the fact, retroactively, completely forgetting about the safety of both their own and other people.
We should not forget that upon detection of violations the apartment of the "distinguished" owners acquires a BTI plan with red lines, and such housing is very difficult to implement, since future owners are unlikely to want to upholster the departments' thresholds to draw up the necessary documentation.
Nevertheless, there is a completely clear procedure for registering an apartment redevelopment, and if work has already been completed and the owner has a desire to legitimize everything done, there is a certain algorithm for independent actions.
What is redevelopment of apartments, how to arrange it, according to the letter of the law
If a person wondered how to arrange redevelopment of an apartment on their own, without going against the law, then he needs to know that this is not a secret, and there is a clear algorithm of actions to collect documents and visit the relevant authorities. How to determine that a redevelopment is done, what does this concept include?
Everything types of construction works it is necessary to coordinate in three cases:
- With full and partial replacement of non-capital structures.
- In cases of installation work of plumbing and engineering equipment.
- Violations of the integrity of the walls, simply put, the design of wall openings.
At the same time, construction work should not change the original purpose of the premises, that is, if it is a residential apartment, then it cannot become a zoo.
Self registration of planned room optimization
If you are only planning to redevelop your home, the simplest procedure in the framework of legitimizing the work on the conversion of the premises is to provide a sketch of the work that will be carried out.This option is applicable in cases where the work concerns non-capital walls, and the purpose of the room does not change.
Another thing is when the redevelopment affects the supporting structures, and here we are already talking about the more time-consuming procedure of legalizing the project.
In any case, in order to legally correctly coordinate the redevelopment of an apartment, the following steps have to be completed:
- Obtaining a permit from the Housing Inspectorate for redevelopment work.
- Implementation of the project of works or its sketch, direct implementation of the scope of work declared in the project.
- Certification by the housing inspection of the work performed with the preparation of the act of acceptance.
Difficulties in translating into the law
If the work on the redevelopment of the premises has already been carried out illegally, then you will have to play according to other rules.
The owner of such an apartment in some cases will necessarily have a problem with the subsequent sale, purchase or exchange of this property, as well as its donation and even the inheritance procedure. Especially if work was carried out to change the supporting structures. Any real estate must go through the official registration procedure with a government agency; no one will want to contact problematic real estate and get a BTI plan with red lines that indicate illegal changes.
If the apartment is on the ground floor, and its area has been increased due to the accession of the stairwell, then sales and other transactions are also doomed to failure. The fact is that since the total area of the premises has changed, the object legally ceases to exist in its original form, and if there is no object, then there are no documents confirming the fact of its existence. That is, simply put, by attaching a part of the first floor to the apartment, we lose it in its original form.
The owner of the premises with illegal redevelopment is obliged to notify potential buyers of his property about the changes. Sometimes transactions for the sale of such property can be carried out. In order not to subsequently go to the courts, in which you may have to uphold the legality of the transaction, you must provide full information in time and not hide anything.
The negative consequences of the fact illegal pereobhousing
It may seem to some that the approval of the redevelopment of an apartment within the framework of the legislation of the Russian Federation seems rather strict and severe, but are there really few negative consequences that can be expected from hiding the redevelopment actions?
If the apartment can be sold, then the price for it will be much lower than the market. The mortgage will most likely be denied, but if the troubled property was purchased on credit, the bank may require early repayment of the debt to pay it.
State bodies have the right to require the owner to bring the apartment to its original state if it is privatized, and the right to sell it at auction in case of evasion of their requirements.
The notary will not be able to issue a document of inheritance, since the current passport of the BTI is different from the original one.
If the housing is not privatized, the process of obtaining property documents will be delayed, since it is possible only after the legalization of redevelopment of housing.
Algorithm for the legalization of illegal redevelopment
In the case when redevelopment of apartments is carried out independently, how to draw up the necessary documentation? There are two ways to legalize illegal redevelopment. The first way is to legitimize the re-equipment of housing in an administrative order. The owner appeals to the body, whose responsibilities include the issues of registration of re-equipment of premises, including redevelopment of apartments, how to complete all the documentation, they will prompt. This is often done by the local housing inspectorate.The second way is the court. In the second case, it will be necessary to collect all the documents and prepare to defend the appropriateness of the actions taken. During the trial, it must be proved that the redevelopment did not contradict the construction standards, and none of those living on the living space was infringed on their rights.
Visit to a specialized territorial body for advice
This may be your local housing inspectorate responsible for coordinating the redevelopment of the premises. It is necessary to have an object data sheet, a floor plan and an explication with you. In them, it is necessary to note all the changes made. If these documents are not available, you should contact the BTI for their receipt, and all illegal changes in redevelopment will already be marked with red lines in them.
Order a sketch or redevelopment project
If the owner is planning a redevelopment of apartments, then how to draw up a project or a sketch of the work? This can be done on their own, if this is a simple sketch, or with the help of a competent authority that has design approval. Further, this project is subject to registration with the SES, fire supervision authorities, and with the department responsible for architectural planning.
If the registration of the redevelopment of an apartment carried out illegally is carried out administratively, a package of documents is prepared and sent to the appropriate authorities. The package of documents includes:
- Statement.
- Documents on the ownership of the apartment
- Permission from the owners of housing to carry out work on the conversion of the premises.
- BTI documents.
- Sketch or project.
- A contract with a construction company for further redevelopment work.
- Technical permission for the planned work.
Redevelopment of apartments - how to draw up permits through the court
It will take about a month to make an appropriate decision. A negative decision can be challenged in court. To apply to court, you must collect the following documents:
- A lawsuit to keep the apartment in a converted state.
- Paid receipt of state duty, the amount is 200 p.
- Title documents, as well as BTI documents.
- Project or sketch.
- The contract with the designer, the conclusion of the SES, Rospotrebnadzor and fire safety authorities.
Court session
It is better to take direct part in the hearing. A court decision can be obtained within one month. As soon as the owner has received permission to redevelop the apartment, new documents must be registered with the BTI.
What types of work are not subject to legalization
It will not be superfluous to know that there is a list of works, after which no court recognizes the redevelopment as legal and will require that the apartment be returned to its original form.
- Relocation of the bathroom to the room.
- Dismantling the balcony.
- Transfer of heating elements to a balcony or loggia.
- Vertical combination of living space by the method of demolition of floors between floors.
- Elimination of sound insulation of the floor.
- Dismantling ventilation systems.
- Accession to the residential apartment on the ground floor of the annex building and equipment of the cellar due to this extension.
The help of qualified specialists will never be superfluous in matters of registration of redevelopment of the premises. If there is no time and opportunity to act on our own, you should contact specialized firms whose professional lawyers not only know how to properly arrange redevelopment of an apartment, but can also defend the interests of the owner in court.
