Coordination of redevelopment of non-residential premises. Legalization of redevelopment

Coordination of redevelopment of non-residential premises, in contrast to approval of redevelopment of apartments, is a complex process both from the design side and from the conclusion of various authorities and services.

In the process of designing a redevelopment, it is important to take into account all available standards, both construction and fire, sanitary, etc. In addition, in addition to the usual project documentation, additional projects may be needed: air conditioning, water supply and sanitation, ventilation, technology and many others. Depending on the purpose of the room, additional sections can be very diverse.

Collection of source documentation

1. Technical conditions (if necessary).
2. Design documentation.
3. Technical documentation BTI.
4. Notarial consent of the owners.
5. Title documentation.
6. Redevelopment project (additional sections may also be needed: technological equipment, electricity, water and sanitation, ventilation, heating).
7. Project development (performed according to the results of a technical survey of structural elements and all available engineering communications).

When agreeing on the redevelopment of non-residential premises, it is important to remember that the documents from points 6 and 7 must be developed by a specialized company that has the appropriate approval of the SRO (self-regulatory organization) for design and examination.

Obtaining permissions and approvals

After receiving the power of attorney, it is necessary to submit an application to the authorized body on behalf of the customer. Certain documents should be attached to it.

So, if you are interested in redevelopment, the documents must be attached as follows:

1. Notarized copies of documentation that confirms the rights to the object.
2. Copies of constituent documents (they should be notarized).
3. Consent in handwritten form from the building's balance holder (building manager, operating company) to redevelopment. The manager is obliged to inform the tenants or owners of the adjacent premises that an apartment redevelopment is planned (in our case, non-residential premises). And also draw up acts on the technical condition of the premises located adjacent, taking into account the wishes of the owners or tenants. These acts are attached to the application, which will guarantee access to the premises of authorized officials (for example, on the basis of a contract for technical supervision, which was concluded with the DES, GREP, etc.) in order to verify the progress and results of the redevelopment.
4. BTI documents - from the date of issue no more than 1 year must pass: floor plans with the indication of the expected changes, explication, extract from the passport, copy of the passport.
5. If the redevelopment of an apartment or non-residential premises will affect the supporting structures, the architectural appearance of the building or utilities and common-use systems, you should provide working documentation on the redevelopment, as well as a contract for architectural supervision of the implementation of this project.
6. If you plan to change the functional purpose of the premises, then the relevant permits should be attached to the application (for example, the retail premises are planned to be used as a fitness club),which will confirm the possibility of using this room for other purposes (in accordance with sanitary, construction norms and rules).
7. Civil liability insurance contract for damage to property, health or life arising at the time when the redevelopment of the house, apartment or non-residential premises was in progress. Or written consent from all owners of premises (non-residential and residential) to carry out redevelopment.

In which cases legalization of redevelopment is required

1. The construction of structures (podiums, walls or partitions), which significantly increase the load on the supporting elements.
2. Transfer or arrangement of wet areas (kitchen, bathtub, bathroom).
3. Arrangement or transfer of balconies, loggias or internal stairs.
4. The device or expansion of openings in interroom partitions or bearing structures.
5. Replacement or installation of additional equipment (stove, bidet, sink, toilet, shower, bathtub) with an increase in water or electricity consumption, as well as the laying of additional utilities.
6. Legalization of redevelopment is also required when changing the floor structure (screed device, replacing the cover with a heavier one). When the load on the bearing floors increases.
7. Change in the shape and color of materials of external structures: loggias, balconies and windows.
8. Change or elimination of porches, stairs and vestibules.
9. Glazing of balconies or loggias, installation of an external air conditioning unit, shutters, antennas, etc.
10. Elimination, creation of window or doorways in the external walls, while the structures that separate the cold rooms (loggias, balconies) from the internal rooms (kitchens, rooms) remain the same.

Redevelopment by sketch

If the supporting structures are not affected, then the redevelopment of the non-residential premises is coordinated according to the sketch. In this case, a drawn sketch (in some situations, a technical report or a draft design) with a list of the necessary documentation (application, a single housing document, technical passport) shall be submitted without coordination with other services to the housing inspection.

Simplification of a simplified version

1. The laying of doorways.
2. Rearrangement within the existing dimensions of the premises of devices.
3. Relocation within the existing gas stove kitchen, without additional communications.
4. Relocation within the existing kitchen electric stove.
5. The construction of walls, partitions, podiums without increasing the load on the supporting structure.
6. Partial or complete dismantling of partitions, curtain walls.

When is approval not required?

Re-planning of non-residential premises is not required:

• Without dismantling, moving, installing plumbing equipment.
• Without destruction, the construction of ceilings, partitions, walls.
• Without changing the facade of the building.
• Without increasing the load on the structure.

Redevelopment options without approval

It happens that the redevelopment is carried out, and the necessary approvals were not previously obtained. In this situation, the Housing Code permits the legalization of changes through the courts. The only thing - for this it will be necessary to prove that this redevelopment project does not violate the legitimate interests and rights of citizens or does not pose a threat to the health and life of citizens.

It should also be remembered that the owner of the premises in which the redevelopment was carried out without coordination with the relevant instructions on the floor plan loses its right to dispose of the property. Such premises cannot be inherited, gifted, exchanged, or sold.

On the security of such premises it is impossible to get even a loan from a bank.

In addition, in case of detection of illegal redevelopment, executive authorities have the right to apply penalties or even apply to the court.

Commissioning

The main stage of permits and approvals - registration commissioning of the facility after redevelopment. For this purpose, an act is drawn up in which the following persons participate:

• The owner of the premises (owner, sublease, tenant or other authorized person).
• Balance holder of the building (for example, if the attached or built-in room is in a residential building, then the management company, HOA, DEZ).
• The company that is responsible for the operation and technical condition of the building.
• Project organization.
• Service fire supervision.
• A construction organization that performed redevelopment work.