Let’s try to find out if the balcony glazing is a redevelopment? Not all property owners are fully satisfied with the size of their apartment. That is why they are trying to connect non-residential premises to the rooms, not realizing that such actions are considered illegal.
Important aspects
Is a glazing of a balcony a redevelopment? If the plans do not include its integration with a room or kitchen, then in this case, special permission for glazing the space of the balcony is not required.
Redevelopment is any change in area compared to the plan of the apartment. Glazing of balconies is a redevelopment only if, as a result of the repair, its dimensions change.
For example, when a window is dismantled in the kitchen. To carry out such actions will require official permission.
All owners must give their consent to the redevelopment. Otherwise, one of the tenants may challenge the actions related to the redevelopment, in court.
Legal subtleties
In order to understand whether balcony glazing is a redevelopment, we turn to the regulatory documents that regulate this area.
The process of combining it with a room or with a kitchen in the law is indicated as a reconstruction, not a redevelopment of the apartment. As a result of such actions, there is a change in the purpose of the area.
The balcony turns into a living room, therefore, the area of the apartment increases. Next is the balcony glazing. Illegal redevelopment threatens the owner with serious fines. He must make the changes that were made during the repair, in two passports: cadastral and technical. The second option is issued by the BTI. When combining the space of the balcony and the living room (kitchen), the owner is obliged to change the documents of title.
Otherwise, there will be a discrepancy between the real area of the apartment and that indicated in the documents.
The nuances of the procedure
Arguing over whether balcony glazing is a redevelopment, we note that it is impossible to carry out neither internal nor facade reconstruction without the permission of special state bodies. All the nuances of the procedure regarding the connection of the balcony to the living area of the apartment are monitored by special authorities. In their work, they are guided by three legislative acts:
- Housing Code of the Russian Federation;
- Decree of the Government of the Russian Federation No. 491 (2006);
- Resolution of the RF State Committee for Construction and Housing Complex (2003)
Redevelopment of the balcony
So, is a balcony glazing a redevelopment of an apartment? If it is supposed to be reconstructed, then in order to recognize it as legal, coordination with regulatory authorities is important. In a different situation, the owner will be held administratively liable. The Housing Inspectorate has the right to oblige the owner of the apartment to restore the original appearance of the dwelling for personal funds.
Whether a balcony glazing is considered a redevelopment is decided by the inspection. If its experts give an opinion on changing the balcony (loggia), the owner will have to prove their rights or restore the apartment in the form in which it is indicated in the technical passport.
Delve into the essence
To understand whether the glazing of the balcony is a redevelopment of the apartment, the owner turns to the competent authorities. To implement the procedure, he must provide two documents.The first is a project that is being developed by a special organization licensed to carry out these actions, as well as access to SROs. A technical conclusion will also be required, in which specialists will note that the changes introduced will not entail changes in the strength of the building.
What should owners planning glazing of a balcony understand? Redevelopment, in which the balcony will be combined with the kitchen, can adversely affect the supporting structures, and even cause serious violations of the thermal circuit of the building.
Legal balcony glazing on your own
In the process of redevelopment, the unit is dismantled, which is located under the window. It is ranked on the facade of the house. In cases where the wall is a bearing, it is strictly forbidden to dismantle the partition above the window. If the owner only conducts the glazing of the balcony, he may not coordinate his actions with the housing inspectorate. Problems arise only when the weight of the structure increases significantly, which can become a threat to the other residents of the house, as well as to the building itself.
Considering that at present, when glazing, owners choose lightweight aluminum profiles, the weight of the “clothes” for the balcony is not so large as to negatively affect the operational characteristics of the house.
What is called conversion
Let's try to understand: balcony glazing - redevelopment or not? After the residential building is put into operation, a technical passport is issued to him at the BTI. If the same glazing is made at home, a special note is put in the document.
By purchasing an apartment in such a house, the owner also receives a technical passport. If he wants to make any changes to the acquired property, he will need to obtain special permission to carry out repairs.
How to protect yourself from problems
Glazing of a balcony is not considered a redevelopment, but in housing legislation it is equivalent to it. The following requirements are used in such a procedure:
- hygienic;
- firefighters;
- sanitary.
As a result of glazing, the appearance of a building can change significantly. The load on the plates may increase, there is a risk of falling out of the glass from poor-quality frames.
For example, such work is forbidden to be carried out simultaneously with the inner lining, since fire safety requirements are violated.
Re-planning of the balcony after its insulation is also prohibited. Radiators attached to general communications, regulatory authorities will not be allowed to place on the balcony.
If the glazing does not involve the development of a special project, you can install the coating on the balcony of your apartment and without the permission of the housing or technical inspection.
When thinking over a comprehensive redevelopment, it is important to consider two basic rules: to maintain the technical characteristics of the balcony and not increase the load on the load-bearing wall.
Balcony without breaking the law
How can I use a glazed balcony? Redevelopment, agreed with the authorities, will help the owner of the apartment to increase its usable area legally. So that after combining the balcony with the kitchen (room), you can fully exploit it, you need to take care of the documentation.
Glazing a balcony is a completely harmless procedure, but changing its size is a significant violation of the Housing Code. In addition to paying a fine for unauthorized (unauthorized) actions, you will have to restore the original appearance of the balcony.
The glazing procedure itself does not imply a redevelopment, therefore, there is no need to issue an official permit from state bodies for its implementation. The only thing to consider is the choice of high-quality glazing so that there is no threat to the inhabitants of the house or apartment.
Among the reasons that encourage owners to glaze loggias, of course, first of all, one can note the desire to protect the house from cold, wind, and precipitation. The glazed balcony, on which there were no additional repairs, will not cause “unnecessary” questions from the representatives of the Housing Inspectorate.
To avoid trouble
If you buy a new apartment, in which glazing of the loggia or balcony has already been carried out, no additional actions will be required from you. In the technical passport, which you will receive for the new real estate, it will be noted that glazing is carried out on the balcony (loggia) according to the standard design of the house.
Currently, many construction companies immediately include in the cost estimates, respectively, in the cost of housing, balcony glazing. This will affect the cost of housing, but it will greatly simplify the task of the property owner. Among the advantages of acquiring an apartment with initial glazing, we highlight the lack of nuances regarding its sale.
How to legally redevelop on the balcony
To have a glazed balcony in your apartment is not only convenient, but also aesthetically pleasing. If you want to feel comfortable and comfortable on the balcony, make sure that your actions are absolutely legal. Most often, the issue related to the legal aspects of the redevelopment of the balcony (loggia) concerns the owners of apartment buildings living on the ground floor.
Unable to place things, they try to finish building the balcony on their own, and then glaze it. Are such actions legitimate? Can such events be considered redevelopment? Of course not. First of all, at such events, the owner faces a fine, because he seriously violates the norms of the housing legislation of the Russian Federation. In addition, unauthorized construction and redevelopment on the balcony negatively affect the general condition of the house, which is also prohibited by law.
There is another problem that is associated with such unauthorized actions. Since the technical passport for the apartment does not indicate the presence of a balcony, the owner will not be able to make a single legal transaction with such self-construction: neither sell the apartment, nor exchange it for a larger (smaller) area.
In our country, all issues related to the redevelopment and glazing of loggias (balconies) are decided by the Housing Inspectorate. Therefore, before making any manipulations with these square meters, it is better to contact these state authorities with a written statement. Representatives of the Housing Inspectorate will carefully study the problem indicated in the appeal and will give a reasoned answer within the time period established by Russian legislation.
Based on it, it will be possible to decide on further actions. For example, if it is noted that the actions of the owner do not entail any threat to the condition of the house and its residents and do not require additional permission, it will be safe to proceed to the choice of glazing option.
Conclusion
Before proceeding with independent actions related to the glazing of a loggia or balcony, it is necessary to contact the Housing Inspectorate. Having clarified the legality of actions, it will be possible to proceed to the implementation of the plans. Glazing of a balcony is considered a redevelopment if its area increases.
Otherwise, the unauthorized actions of the owner will be regarded as an illegal change in the area of the room, which entails a risk to the entire structure. In addition to paying a fine, you will have to restore the original appearance of the balcony (loggia) at your own expense.