The desire to revise the organization of residential and utility space in an apartment often faces the challenge of changing the current layout. Moving the bathroom, expanding the living room, combining the kitchen with part of the corridor - these and other operations can improve the operation of the common space, but for the implementation of such plans, legal aspects should also be considered. Otherwise, the actions taken can be regarded as illegal redevelopment of the apartment, the liability for which can hit the wallet. However, in most cases, subject to the redevelopment rules, one can quite legally translate the idea of updating housing into reality.
Responsibility for illegal planning
The consequences for the owner can be very disastrous, so the issue of liability for illegal redevelopment should be taken seriously. If a redevelopment is discovered that does not comply with regulatory enactments, representatives of the housing inspectorate can write a fine in the amount of 2.5 thousand rubles. And this does not mean that the owner can continue to operate the apartment in an updated form. Along with the fine, a prescription follows, which indicates the terms for bringing the housing into its original condition, corresponding to the technical documentation. As a result, the fine for illegal redevelopment of an apartment of 2.5 thousand will be supplemented by the cost of another major overhaul. If this requirement is not met, then another fine may follow, after which the inspectors will file a lawsuit to sell the property at a public auction. The amount received from the sale will be returned to the former owner, but from this moment he will not have any relation to the converted apartment. In addition, he will be obligated to return all the costs that were required to organize the trial.
What redevelopment is prohibited?
First of all, redevelopment measures are prohibited, as a result of which the premises of the apartment can be considered non-residential from the point of view of technical standards. It is also prohibited to repair work, which may lead to a decrease in the strength of the bearing partitions. This prohibition applies not only to walls, but also to ceilings, which may lose strength due to correction of the installation structure. The introduction of devices that affect the operation of communal engineering networks is also limited. This applies to regulatory measuring instruments. Such introduction of devices is allowed only in those cases when their work does not affect the energy consumption of adjacent premises. As for engineering equipment, all manipulations with changing the central ventilation will be regarded as illegal redevelopment of the apartment. Responsibility in the described cases also faces a fine and the risk of losing the apartment, but it is important to understand another aspect. In some cases, the violation lies only in the very fact of the lack of coordination of the redevelopment project and the owner may have the opportunity to maintain the current arrangement. But if the matter concerns a complete ban, then the need to return to the previous state of housing will become irreversible.
What layout does not require coordination?
Almost all facing measures involving changes in the external surface finish of walls, ceilings and floor coverings are allowed without coordination. As for engineering equipment, it can be replaced, but reconstruction with transfer has its limitations. In particular, plumbing and gas equipment cannot be transferred to other rooms not intended for such operation. For example, if a gas stove is transferred from the kitchen to the balcony, it will be an illegal redevelopment of the apartment. Responsibility in this case will also result in fines and an order requiring the unit to return to its original place. It is allowed without design permission and the revision of external structures related to technical means - the introduction of climate equipment, protective grilles, etc.
What layout is possible upon agreement?
Coordination is required as a tool for analyzing the possibilities of realizing redevelopment in individual cases. Therefore, individual decisions that are permissible in specific conditions are not allowed in other situations. In the border zone, work may be permitted which affects even the transfer of carriers. In the same category of repair measures, it is possible to note the installation of rough floors, a change in the architectural appearance of the facade, etc. Separately, it is worth noting that formally illegal redevelopment of a communal apartment can be legalized with the consent of the neighbors. If the work is not included in the list of prohibited, then with the support of all tenants of the apartment, the project can be agreed.
What determines the need to agree on redevelopment?
The reasons for tight control in this area are justified, since in recent years there have been several accidents caused precisely by illegal redevelopment. A typical case is when floor floors collapse, lacking the necessary support. According to statistics, in large cities, about 80% of redevelopments are made without permission. Accordingly, even a small fraction of them, but also increases the percentage of collapse sections. There are cases when people die as a result of the collapse - this also leads, at first glance, to a harmless, but still illegal redevelopment of the apartment, the responsibility for which can become criminal.
How is an illegal layout detected?
Often, neighbors inform about the redevelopment. And this is not necessarily a desire for revenge on the part of conflicting people for past scandals, but a completely logical action aimed at maintaining the safety of your home. After all, changing the configuration of the same carriers corrects the reliability indicators not only of the apartment in which the work was performed, but of the whole house. The main question is where to report the illegal redevelopment of the apartment? It would seem that the closest body, which may also be interested in observing the rules for the reconstruction of premises, is the company managing the household and communal part of the house. But such appeals do not always give the expected response. The surest way is to immediately write a statement to the housing inspectorate of the local administrative district. The employees of this service are simply obligated to control repair operations in apartment buildings. Also, in addition to the participation of neighbors in the settlement of the redevelopment procedure, illegal actions can be identified as a result of scheduled inspections by employees of public utilities, plumbers and gas workers, who can also be liable if ignoring the facts of alteration of utility networks.
Unlawful apartment for sale
Theoretically, such an operation is possible and practice shows that even the sellers themselves do not always know about the illegal redevelopment in their apartment - for example, if in this state it came from the previous owner.Nevertheless, an attentive buyer will quickly find something wrong and will demand a discount corresponding to the cost of returning the housing to its original position. From the point of view of law, the sale of an apartment with illegal redevelopment is also allowed, since even uncoordinated repairs cannot be an obstacle to concluding an agreement. But, here you must understand the practical nuances. For example, Rosreestr often refuses such operations precisely because of the presence of an illegal layout. Employees of the organization even give answers with wording about the need to eliminate the result of illegal work.
What to do when buying an apartment with an illegal layout?
No one is insured against cases when the apartment you like on the real estate market will have signs of obvious conversion. And if they were discovered before the transaction - this in itself is good. Because after the acquisition of the property, all responsibility will lie with the new owner. Even the court will not help to recover at least part of the compensation from the previous owner. And if an illegal redevelopment is made in the apartment, then there can be two ways out: either coordinate it by paying a fine, or as soon as possible return the changed structures to their original form. And before buying, to correctly identify illegal redevelopment, you should contact the BTI together with the current owner and get acquainted with the technical plan of the apartment. On the normal plan, all the circuits of the circuit are made in black, and the presence of red will mean that the marked parts do not correspond to the primary design.
Documents for planning approval
If, due to certain circumstances, an illegal redevelopment was carried out, or simply there is a desire to carry out repairs that require permission, then the best way out is to go through the approval procedure. How to arrange an illegal redevelopment of an apartment? To do this, a special package of documents is prepared, and then sent to the local housing inspection together with a statement of desire to legitimize the redevelopment project. The package includes the following documents:
- Directly application for redevelopment.
- A set of documents in the form of certificates, warrants and contracts that confirm ownership.
- Technical passport of the apartment from BTI.
- Design decision on which repairs will be carried out.
- A document confirming the consent of other residents with the housing change project.
How to order a redevelopment project?
The project itself may not be connected in any way with the authorities controlling the house. It is required so that the housing inspection commission can assess the feasibility of implementing the proposed reconstruction plan in specific rooms. Therefore, of course, it must be performed by professionals. Self-regulatory organizations (SROs) deal with such work. Their participants will not only help to develop an apartment redevelopment project, but will also take on its further support in the approval bodies. Expanding the range of services logically costs more, but the chances of obtaining permission in this case increase. Firstly, the specialists of design SROs are well aware of how to complete a project that is more likely to receive “good”. And secondly, they will help to initially adjust the owner’s plans if his desire is not at all included in the norms of technical standards.
What is an apartment redevelopment project?
Typically, groups of SRO members work on a project, which may include engineers, architects, designers, installers, etc. That is, they develop a plan both from the point of view of technical reliability, and from the position of aesthetic perception. At the output, the customer also receives a package of documents, which will include sketches, diagrams, graphs and descriptions. After agreement, do not stop working with representatives of the SRO.The fact is that an independent redevelopment of an apartment without specialists does not always do without errors, which the same representatives of the housing inspectorate can complain about. Therefore, it is desirable that the implementation of the project be undertaken by the employees of the organization that was involved in the creation of the design solution.
Conclusion
Radical repair with a change in the design of the carriers and a revision of the configuration of the placement of engineering equipment without coordination is a problem not only for the owner of the apartment. This is also a cause for concern to neighbors, since no one knows what dangers in a particular case will be hidden by illegal redevelopment of the apartment. Where to turn in such situations - this question should be thought out in advance. For example, it may be a housing inspection, or BTI with home self-government. At least one of these bodies should always be contacted in case of contentious issues affecting the safety of the whole house.