Features and procedure for redevelopment of apartments in a monolithic building

What is illegal redevelopment of an apartment and its signs

When planning work in residential and non-residential premises of an apartment building, you need to order a project and confirm the safety of changes to the object for the building. The conditions for the safe conduct of redevelopment work are checked during approvals from the Moscow Housing Inspectorate (Moszhilinspektsiya). This department will also check the compliance of the completed work with the project and legislative norms. The rules for design and approvals for these types of work are regulated by the Housing Code of the Russian Federation and regional regulations.

Responsibility for illegal redevelopment of non-residential premises occurs when the following violations are detected:

• if work was carried out without the consent of the owner of the premises (for example, if it was done by tenants or tenants);
• if the required documents were not drawn up for the work (in Moscow this is not only a project, but also a technical report on load-bearing structures);
• if the project documentation was not approved by the Moscow Housing Institute, or the inspection made a refusal decision;
• if during the work, deviations from the project were made, building codes, fire and other safety rules were violated.

These rules apply not only to apartments, but also to non-residential premises of apartment buildings. For example, if an individual entrepreneur illegally remodeled the basement of a residential building, converted it for hazardous production, or created a threat to the safety of the building, he will be fined and forced to return the premises to their original (original) state.

Expert commentary. A fine for illegal redevelopment of an apartment may be collected even if you bought the property with unapproved changes. Responsibility under the Code of Administrative Offenses of the Russian Federation lies with the current copyright holder of the apartment, and it is extremely difficult to make claims against the seller. To avoid such problems, carefully check the technical documents when purchasing an apartment, compare them with the actual state of the structures and equipment of the premises. We recommend paying special attention to the red lines on the floor plans of the BTI technical passport.

If the redevelopment is carried out in violation of building codes, it will be impossible to legitimize it even through the court. For example, this applies to the demolition of load-bearing walls inside an apartment.

Redevelopment of an apartment in a monolithic building

Redevelopment of an apartment in a monolithic building

Monolithic houses are considered modern, reliable and functional buildings; in terms of durability and strength they are significantly superior to brick and panel buildings. The supporting structures of such objects are a monolithic reinforced concrete frame made of columns, transverse and longitudinal walls, which guarantees good reliability of the house.

Redevelopment of an apartment in a monolithic building can include a lot of complex work aimed at dismantling internal partitions, combining rooms and dividing rooms into separate functional zones. By carrying out reconstruction in accordance with modern legislative provisions, the owner has the opportunity to improve his apartment, make it more functional and attractive.

Features of redevelopment of a monolithic apartment

In monolithic houses there are practically no load-bearing internal partitions, due to this the owners receive the widest possibilities for redevelopment. Supervising government services do not interfere with work aimed at demolishing interior walls and moving them, therefore, during major renovations, rooms can be combined and divided in accordance with the needs of users.

In monolithic new buildings, interior walls may not be built at all, but only outlined. Owners of such residential premises can carry out redevelopment immediately and with minimal financial investment.

Despite its apparent simplicity, redevelopment should always be carried out according to a project developed by professionals. Only specialists with extensive experience and extensive professional knowledge can plan repairs in full compliance with legal regulations. That is why owners are interested in the question: where to order apartment redevelopment?

Choosing a professional design company is quite simple; the apartment owner only needs to make sure that the company he is interested in has the necessary state licenses, certificates and SRO approvals. Firms with such documents have a staff of professional employees who can select justified solutions for home redevelopment.

Common redevelopment options

During a major overhaul in a monolithic apartment, the following repair work is most often carried out:

1. Creating a studio from an apartment. Such work involves dismantling the wall separating the kitchen from the living room. After the redevelopment, the resulting large room will need to be divided into several functional zones and decorated in accordance with the wishes of the residents.
2. Combined bathroom. You can improve the performance of the toilet and bathroom by combining them into one room. The area freed up due to the dismantling of the wall is used to place the necessary technical equipment and furniture in the room.
3. Change in the number and area of ​​residential premises. If the apartment does not have enough rooms for all residents, their number can be increased. Firstly, the owner can simply divide the large living room into two living spaces, thus creating an additional bedroom or children's room. Secondly, all the interior spaces can be combined into one, after which the living space can be redistributed and the apartment can have the required number of rooms with the required dimensions.

Coordination of apartment redevelopment

Redevelopment of a 2-room apartment in a brick house, panel or monolithic building can only be carried out according to professional projects that have undergone the necessary approval from representatives of government agencies.

There are two options for approving project documentation. The first approval method is simple; it involves approval of repair work according to a pre-prepared sketch. This approval option is suitable for owners who wish to make minor changes to the layout of their home, affecting exclusively non-load-bearing internal structures.

If the owner requires complex major repairs, as a result of which the structural or engineering parameters of the apartment will be changed, he will have to carry out complex approvals. This option for approving project documentation involves preliminary preparation of the project by specialists who have SRO approvals and other state certificates.

In order for the regulatory government services to issue the applicant permission for redevelopment, he must submit for approval the project itself, as well as a number of important accompanying documents confirming that the planned changes to the apartment fully comply with current legislation and cannot adversely affect the functionality and reliability of the building.

To determine the cost of major repairs carried out in accordance with all modern laws and regulations, the owner should use an online calculator.

26.02.2017

Source: https://energy-systems.ru/main-articles/pereplanirovka-i-soglasovanie/9121-pereplanirovka-kvartiry-v-monolitnom-dome

What are the dangers of illegal apartment redevelopment?

To find out what the consequences of remodeling an apartment without approval are, you need to refer to the norms of the Code of Administrative Offenses of the Russian Federation. However, a fine for remodeling an apartment without permission is not the only sanction for the copyright holder. If he cannot confirm that the completed work does not threaten the reliability and stability of the building, the Ministry of Housing and Construction will issue an order to restore the object to its original condition. All expenses for such will be borne by the offender. If you do not comply with the order, a corresponding lawsuit will be filed in court.

Fine for illegal redevelopment under the Code of Administrative Offenses of the Russian Federation

Let's look at the consequences of illegal redevelopment of an apartment according to the law. This offense is described in Article 7.21 of the Code of Administrative Offenses of the Russian Federation. Changes were made to this norm in April 2020. Now the wording of Art. 7.21 of the Code of Administrative Offenses is as follows:

• unauthorized reconstruction and redevelopment of residential premises entails a fine for citizens from 2000 to 2500 rubles;
• if the violation is committed by an official, he will be fined in the amount of 4,000 to 5,000 rubles;
• The fine for redevelopment without permission for an organization will be from 40,000 to 50,000 rubles.
• For violations committed by an individual entrepreneur, the same fine is collected as for a legal entity. faces.

A protocol is drawn up to submit materials for collection of a fine. It will describe the elements of the offense, information about the owner and the object. Please note that paying a fine does not relieve you of the obligation to legitimize the work performed or to restore the object to its original condition.

If the redevelopment was carried out without approvals, but did not entail violations in the construction sector, it can be legalized through the Ministry of Housing and Construction.

Regional fines

Regions can also introduce fines for violating the rules for carrying out work in residential and non-residential buildings. Since the fine for remodeling an apartment is approved at the federal level, regions can hold liable:

• for violation of work rules;
• for damage, damage or destruction of an object;
• for failure to comply with the instructions of the housing inspectorate and other supervisory authorities.

The Moscow Law on Administrative Offenses provides for a fine of 4,000 rubles. for damage to residential premises in an apartment building. In addition to a fine, the violator will be required to compensate or eliminate the damage caused. To compensate for damage or compel the alteration of the premises, a separate claim is filed in civil court.

An example is illegal redevelopment associated with expanding the area of ​​an apartment beyond the overall dimensions of an apartment building. Such work is prohibited, so legalization will end in refusal.

Consequences of illegal redevelopment in non-residential buildings

In non-residential buildings, redevelopment work does not need to be coordinated. More precisely, this procedure does not involve contacting the Ministry of Housing, although the owner will still have to order a technical plan and register the changes in Rosreestr. But the customer approves the project for the work himself, after which he can begin redevelopment.

Taking into account the rules set out above, there is no penalty for illegal redevelopment of non-residential premises in a non-residential building. The owner can be cited only for violating safety during work, for damaging someone else’s property, or causing harm to people.

• Expert commentary. If the redevelopment is not legalized, consequences occur only when violations are revealed. Finding out what the repairs were in someone else's apartment is quite difficult. Therefore, many facts of illegal work are not revealed. However, discrepancies in the configuration of the premises will certainly be identified when transactions are completed. This will be grounds for refusal to register the agreement.

Who can be held accountable for illegal redevelopment of residential premises?

Responsibility for redevelopment carried out without permission or in violation of building codes arises on the basis of the protocol. It can be compiled by a specialist from the Moscow Housing Inspectorate. The algorithm for bringing to responsibility is as follows:

• a scheduled inspection is carried out in the apartment building, or an extraordinary inspection based on requests from citizens and organizations;
• upon the fact of a violation, a protocol is drawn up (it will indicate the place and time of consideration of the case);
• a decision on a fine for uncoordinated redevelopment of an apartment is made by an official of the Ministry of Housing or the court (this depends on the nature of the violations identified);
• if the owner does not agree with the resolution, he can file a complaint in court.

The owner has the right not to allow unauthorized persons into the apartment without a court order (except for police actions when preventing or suppressing crimes). If MZhI specialists have information about possible violations, they can force the court to allow them into the apartment. A court order can be executed by bailiffs with the imposition of an additional fine and enforcement fee. Thus, the consequences of unauthorized redevelopment may occur even if the owner refuses to open the door.

Expert commentary. At each stage of consideration of a case on illegal redevelopment, you can defend your interests with the support of a representative. To do this, you need to issue a power of attorney through a notary. Our company’s specialists will provide assistance in preparing documents, defending during the consideration of the case and appealing.

To coordinate the redevelopment, a project and a technical report on the condition of the load-bearing structures are ordered.

How to legalize unauthorized redevelopment in Moscow

Even if the owner was unable to avoid liability for the illegal redevelopment of the apartment, it still needs to be approved. To do this, you need to draw up and collect documents confirming the safety of the work and its compliance with construction regulations. The process of legitimation itself can take place administratively (through MZhI), or through the court. Read more about this procedure below.

Documents to legitimize uncoordinated redevelopment

Unauthorized redevelopment of residential premises can be legalized after the work is completed. To confirm that the configuration change was carried out in compliance with safety standards and does not threaten the reliability and stability of the MKD structures. The list of documents that may be required when applying to the Ministry of Housing or the court includes:

• application for approval (submitted directly to the Moscow Housing Institute or via the mos.ru website);
• statement of claim (needed when going to court if MZhI refused to legitimize);
• technical report on the condition of load-bearing structures (issued through the author of the MKD project, or through the State Budgetary Institution “Expert Center”;
• technical plan describing the new configuration and updated characteristics of the premises;
• consent of the owners of the premises;
• minutes of the general meeting of the apartment building, if the work was carried out on common property.

The exact list of documents can only be determined for a specific situation. Our company’s specialists will provide assistance with their preparation.

In this example, a floor plan was made for the premises after redevelopment.

Contacting MJI

In most cases, the consequences of illegal redevelopment of an apartment can be eliminated administratively. This procedure goes through the MJI and is characterized by the following nuances:

• the owner needs to confirm that the completed work complies with regulations and does not pose a safety hazard;
• To confirm the safety of the redevelopment, you need to obtain technical support. conclusion on the condition of the load-bearing structures of the MKD (experts will examine them and indicate conclusions about the absence of threats to reliability and strength);
• If the Moscow Housing Institute gives permission for legalization, based on the technical plan, you need to register with Rosreestr and enter new data into the Unified State Register of Real Estate.

In the process of legalization, you can generally avoid liability for unauthorized redevelopment. If the owner himself submitted documents to the Ministry of Housing, a protocol may not be drawn up. The procedure is carried out free of charge, and inspection specialists are required to make a final decision no later than 45 days.

Judicial order

In cases where the submitted documents provide ambiguous evidence of the safe performance of work, the Ministry of Housing and Inspection may refuse to legitimize. This often happens due to excessive reinsurance by officials who are afraid to make a positive decision themselves. In this case, the owner will have to go to court. Here are the main points related to the legalization of redevelopment through the courts:

• when filing a claim in court, you must confirm that the applicant went through the administrative approval procedure, but was refused;
• The main documents for proof in court will be those. conclusion on the safe condition of structures and a technical plan with new characteristics of the premises;
• for proof, you can draw up a conclusion from a cadastral engineer (it will be done by specialists from our company);
• If the court makes a positive decision, on its basis Rosreestr will enter new data into the Unified State Register of Real Estate.

You can also challenge the fine for redevelopment of non-residential premises or apartments without permission through the court. When appealing, you must prove violations committed during prosecution, or full compliance with work safety.

Expert commentary. An independent appeal to the Ministry of Housing or the court may lead to problems in legitimizing redevelopment work. Only the support of a specialist who knows the nuances of federal and regional legislation will help to avoid them. Our specialists know what issues are paid attention to during approvals and will take these points into account in advance when preparing documents.

Redevelopment in a monolithic house - 2019, what is allowed, approval

In the 90s of the 20th century, construction companies began to produce monolithic houses. The buildings attracted potential buyers from the first days.

Monolithic houses differ from brick and panel buildings in their greatest strength, durability, improved ventilation and thermal insulation. Also, during shrinkage, concrete does not deform. The load-bearing structures are represented by a reinforced concrete monolithic frame made of columns and longitudinal and transverse walls.

Since interior and inter-apartment walls have a brick or plasterboard base and are not load-bearing, redevelopment in a monolithic house is greatly simplified. It is important to know the procedure and the possibility of holding it in 2020.

Features of ideas

There are no internal partitions in monolithic houses. Due to this, the redevelopment process is easier, and designers, architects and builders have more freedom to work.

The partitions that exist inside the apartment may not be laid out. Sometimes developers mark boundaries using a single brick. Therefore, many owners of residential premises decide that redevelopment in a monolithic house is mandatory.

Despite the fact that the absence of walls classifies the apartment as a type of housing with an open plan, in reality everything is not always simple. In order to rebuild the premises, it is necessary to coordinate your actions in accordance with the regulations governing the redevelopment.

Among them are:

For minor changes that affect only internal partitions that are not load-bearing, approval is carried out without issuing a technical report. However, when remodeling a toilet, bath, kitchen, communications and supporting structures, a design and technical documentation from the developer is required.

In most cases, after selling apartments in monolithic buildings, construction companies cease their activities. Then permission can be issued by the housing inspectorate or other competent authorities.

A special feature of the redevelopment of a monolithic house is the possibility of carrying it out immediately after moving in, because the owners do not have to wait for the building to shrink, which in brick houses leads to the appearance of cracks, and, consequently, to repeated repairs of the premises, but such a problem is not observed in monolithic houses

Stages of redevelopment in a monolithic house

Due to the free layout of apartments in monolithic buildings, it is possible to realize the most daring ideas of designers and architects.

If the redevelopment is carried out completely, then there are several stages of its implementation:

1. You can turn an ordinary kitchen into a studio. At the same time, you are allowed to change its size and location. After all, the area of ​​the area for cooking and eating often does not meet the owner’s requirements. Therefore, the kitchen can be combined with the room.
2. You can increase the area by combining the bathroom. Designers are playing with a shared bath and toilet. This measure allows you to expand the space by rationally using the wet area.
3. Changes are noted in the number and area of ​​living rooms. If they are not enough for each family member, there is the option of adding new premises. This can be achieved by dividing one bedroom into two, capturing part of the corridor or storage room.
4. By taking away the corridor area, you can make the living room more spacious.
5. The owner can arrange niches, dressing rooms, utility rooms. Zoning the space would also be an excellent option.

Important clarifications

Monolithic houses are a type of residential premises built according to new technical standards.

Therefore, higher requirements are placed on:

• structural strength;
• thermal insulation;
• waterproofing;
• soundproofing.

However, such characteristics are often written down only on paper. However, the quality of housing leaves much to be desired. Therefore, many owners decide to redevelop.

Despite the fact that the ventilation shafts have become wider, it is possible to connect a more powerful system to remove air from the rooms. In order to make such changes, a project is required. When an apartment is located in a monolithic building, this is much easier to do than in a panel or brick building.

Monolithic houses create greater opportunities for redevelopment due to the absence of load-bearing walls (their function is assigned to columns, and walls can only be found in bathrooms and kitchens)

Owners can independently install heating radiators and conduct electricity from switchboards on the landing.

Between the columns there are diaphragm walls. They are necessary for fixing load-bearing structures. Their location can be found in the house design.

If you wish to carry out redevelopment, you must obtain consent from the owners of the building. The procedure is regulated by the Housing Code of the Russian Federation, as well as by the organization that manages the house.

In some cases, developers offer the client several layout options to choose from even at the time of building a house. In this case, you can save time on subsequent approval, as well as money on changing the type of living space.

List of useful documents

Documents for download:

Time frames and costs for legalizing unauthorized redevelopment of residential premises in apartment buildings

Illegal redevelopment of premises is not a death sentence! With proper preparation of documents and justification of the requirements, you can go through all the procedures, obtain permits and an extract from the Unified State Register of Real Estate with the new characteristics of the premises. The deadlines for legalization are determined as follows:

• technical preparation conclusions and technical plans are allowed only after inspection of objects, so it may take several days;
• 45 days are given for consideration of documents by the Moscow Housing Institute;
• the judicial procedure may take up to two months;
• registration in Rosreestr is carried out in 7 or days (depending on the method of submitting documents).

There is no need to pay for legalization in MZhI. When filing a claim in court, the state fee will be 300 rubles. (for citizens) or 6000 rub. (for organizations). Additional costs will be associated with payment for technical registration services. conclusion and technical plan. Approximate prices for services and documents can be found in the table below.

The graphic part of the technical plan for the premises records its configuration and main characteristics.

Service for coordinating real estate redevelopment

Our company provides clients with the following services in this area:

• free consultations, starting with where to go and where to start;
• paid consultations with a approval specialist visiting your facility;
• collection of the necessary and sufficient package of documents, starting with an application to the BTI and ending with a new extract from the Unified State Register of Real Estate with a new layout;
• Our staff of design engineers will, in the shortest possible time, prepare design documentation (redevelopment project, technical report on the possibility of redevelopment, as well as a technical report on the safety of the completed redevelopment) in the amount necessary and sufficient for approval;
• design engineers will conduct the necessary surveys to issue a technical report on the possibility of redevelopment;
• specialists of the approvals department will coordinate both planned and previously completed redevelopment work as soon as possible;
• specialists from the meetings department, if the redevelopment affects common property, in strict accordance with the requirements of the housing code, will organize and hold a general meeting of owners, conduct a door-to-door tour and collect the required number of signatures, and offer optimal options for resolving conflict situations.

Our services

Our company employs specialists with experience in legitimizing even the most complex redevelopments. We will help:

• appeal a fine for illegal planning;
• quickly prepare documents for applying to the Ministry of Housing and the Court;
• register with Rosreestr and receive an extract from the Unified State Register of Real Estate;
• make changes to the technical passport of the BTI, as this is required by the Housing Code of the Russian Federation.

To agree on the timing and cost of services or document execution, contact our consultants and describe the situation in detail.

How to find out if redevelopment of an apartment is legal?

The opposite situation is possible, when you decide to buy an apartment and see that its layout is unique.

The easiest way is to compare the actual layout of the apartment with the technical plan. If there are red lines on the document, it means that there are identified deviations of the existing layout from the plan. In addition to such red lines, entries can be made in the Special Notes field in the registration certificate. The BTI specialist can indicate here that the changes have not been approved or that permission has not been received.

Of course, this will be required if the seller himself has not announced at the negotiation stage that changes have been made to the layout.

In any case, redevelopment carried out legally or legalized after the fact must be reflected in the documents - black lines on a document with blue stamps, and there must also be agreement.

conclusions

• Illegal redevelopment may involve performing work without a design or permit, in violation of building rules and safety standards.
• Sanctions for illegal redevelopment of an apartment are specified in the Code of Administrative Offenses of the Russian Federation and provide for the imposition of a fine.
• The work performed can be legitimized through the Moscow Housing Inspectorate or the court, confirming the safety of the building and its structures.

With the support of our specialists, you will go through the legalization procedure as quickly and without complications as possible. Call us, we will tell you in detail about all the nuances of cooperation.