How to do :: Register ownership of a technical floor

Few apartment buildings are complete without an attic.

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Residents whose apartments are located on the top floors often express a desire to privatize the attic for personal interests: for arranging a utility block, for expanding living space and other needs.

You can take ownership of this premises - just study the legislative norms and collect the necessary documents.

It is worth noting right away that to privatize the attic you will have to put in a lot of effort, patience and painstaking work, because the future owner may encounter various problems along the way, for example, dissatisfied neighbors.

Concept

Privatization is a process that refers to the alienation of the state from the ownership of municipal real estate and its transfer into private hands.

The program started working in Russia in 1991.

They tried to cancel the procedure many times and make it paid in 2020, however, no official changes followed.

Basic principles of the transfer of real estate into private ownership.

1. The right is provided free of charge, and payment may only be charged for processing documents or entering information into the Unified State Register (state fee).
2. You can only receive real estate from the state once in your entire life.
3. The transaction is concluded through a transfer of rights agreement, after which the owner is issued a housing certificate.
4. The main tenant of state housing has the right to refuse the procedure.
5. To conclude an agreement on the transfer of ownership, all registered members of the living space must give their consent.

Both ordinary citizens - individuals, legal entities, and individual entrepreneurs can participate in privatization.

How to register ownership?

Often, citizens are faced with a situation where they are denied assignment of attic space by authorized bodies. Sometimes this is due to the fact that not all documents have been collected.

But most often this part of the building is not suitable for use by its residents. Before you begin registering the attic as your personal property, you need to find out whether it is the intersection of gas pipes or water supply systems or electrical wiring.

You also need to find out if one of the residents of the apartment building already owns it. It is important that the premises are in perfect condition. Therefore, it needs to be examined carefully. If there are no restrictions, then you can proceed to registering rights to the attic. To do this, you need to decide where to apply and what documents to prepare.

Where to contact?

To register an attic as personal property, a citizen will have to visit any authority. First, you will need to contact the HOA or management company to hold a meeting of residents. If you wish, you can organize this event in person.

You will also need to contact the following organizations:

• housing committee of the city administration . Here you can find out which services need to be coordinated with for the refurbishment of the premises. The same authority checks the project’s compliance with architectural standards and issues permission for reconstruction;
• gas service, fire supervision . The reconstruction of the premises is coordinated with these institutions;
• design and architectural firm . Assists in preparing attic reconfiguration plans. The company must have the appropriate license;
• BTI . This institution makes changes to technical documentation;
• Rosreestr, Multifunctional center . Here the registration of ownership of the attic space is carried out. Here you can also get an extract from the Unified State Register for an apartment when creating a set of documents.

List of required documents

To assign an attic space to personal property, it is necessary, first of all, to obtain the consent of all residents of the apartment building.
For this purpose, a general house meeting is organized. A special act is drawn up. Each neighbor must express his opinion and put his personal signature. Residents' consent alone will not be enough to carry out the privatization procedure. A number of other documents are also required to be prepared. The set of papers can be divided into two parts: for an apartment and for a non-residential property.

The list of documents for the attic space includes the following:

• technical information about the non-residential part of the facility;
• a certificate stating that the attic is not owned or leased by someone else;
• a certificate from the BTI on the study of the premises and its suitability;
• official permission from the authorized bodies to carry out reconstruction of the attic.

Documents for an apartment include the following:

• cadastral plan;
• extract from the Unified State Register of Real Estate>;
• technical plan of the apartment above which the attic is located;
• legal documents for housing (sale and purchase agreement, deed of gift, will, etc.).

Privatization procedure and cost

When planning to register an attic as private property, you need to know how to act correctly. Then the procedure will go faster and serious problems will not arise in the future.

The procedure for privatizing an attic space is presented in the following stages:

1. check with the HOA or housing cooperative for information regarding major home repairs;
2. order an attic inspection. This will make it possible to find out whether it will be possible to register it as personal property;
3. take an extract from the Unified State Register of Real Estate from the MFC or Rosreestr;
4. hold a house-wide meeting and obtain the consent of residents to appropriate the attic;
5. order an attic reconstruction project from a specialized company;
6. contact the housing committee. Take a list of services from which you need to obtain consent;
7. visit all the necessary departments provided by the housing committee;
8. obtain consent for reconstruction from the housing committee;
9. reconstruct the attic;
10. submit an application to the BTI to make the necessary changes to the technical documentation;
11. collect a package of documents and go with it to the MFC or Rosreestr to register ownership of the attic space. You will have to pay a state fee;
12. receive an extract from the Unified State Register of Real Estate.

It is difficult to say how much privatization will cost. When resolving the issue on their own, citizens usually spend from 30,000 to 80,000 rubles. When contacting a private specialized company, costs increase by 2-4 times. Sometimes you have to pay more than 150,000 rubles.

Rights of house residents

Privatization of the attic space is an option available to any home owner, with only one caveat - the remaining residents must approve the decision.

Without the signature of the entrance or the entire house, it will be impossible to design the attic floor.

After receiving the right to the desired object, the tenant will be able to dispose of the attic at his own discretion, without any restrictions:

• reconstruct;
• live indoors;
• use as a utility room;
• rent out.

Selling an attic space, even one that is owned, is only possible together with your apartment.

Step-by-step instructions on how to privatize the attic above your apartment

They will imitate a real starry sky, with many different constellations and stars. 2 The most important thing you need to do is visually divide the attic area into separate zones. To do this, use various racks and other special dividers to visually outline their boundaries. Long pieces of fabric that will fall from the ceiling will help you with this. Take decorative screens from your friends or acquaintances. You can also make them yourself. They are very comfortable and look great. 3 The attic decor option mainly depends on its original appearance. When there are protruding pipes, bricks, wood around, then it is better for you to use chrome elements or plastic in the design. Leather furniture will look very beautiful in this style. Hang some posters on the brick walls.

Legislation

The privatization of the attic above the apartment is regulated by law, the main one of which is Federal Law No. 178 “On the privatization of state and municipal property.” It is here that the basic rules for obtaining ownership of public space, the cost of the service, the procedure and other important issues are indicated.

Other legislative acts where you can also find information on privatization include Law of the Russian Federation No. 1541-1 and the Housing Code of the Russian Federation.

Price

Unfortunately, it is almost impossible to determine the cost of such an action, since it varies depending on the region. Also, different prices are set for obtaining technical documentation.

You can spend from one and a half to three thousand rubles on the design of an architectural plan, and another from twenty to forty thousand on the design of an attic space as a property through privatization.

Unfortunately, uniform tariffs and fees for collecting documents and the necessary fees have not been established anywhere.

Now you know how to register an attic as your property, and having correctly calculated the forces and actions, you can begin this procedure today.

Privatization of the attic

You can take possession of an attic space only in an apartment building, and only for those whose homes are located on the top floor.

At the same time, it is worth considering another factor - the apartment must be owned.

Fundamentally important points when decorating an attic:

• you cannot privatize premises that are owned by someone else;
• switchboard, water supply, gas supply and other communications are located outside the attic;
• the premises are in perfect condition, are not collapsing, do not need major repairs;
• all residents of the house agree to give the attic ownership to a specific person.

An attic, unlike an apartment or non-residential premises, is transferred under a transfer of rights agreement, only for a certain fee.

Free privatization of the attic floor is impossible by law.

To assign such a premises, if communications are located in it, it is necessary to organize their transfer, with the permission of the housing cooperative or the HOA. If the attic is in disrepair, it first needs to be repaired.

What options are there?

You can use the attic only if you rent or privatize the premises . Since rent represents the temporary nature of ownership and use of real estate, we will not consider this option. But if you want not only to use, but also to own and dispose of the attic, then we can only talk about privatization.

You have two options on how to privatize the attic above your apartment - the first case is to negotiate with the management company .

If the attic does not have any communications and is not in disrepair, the management company, which during the development reserved the right to use the residential premises, may allow you to carry out the privatization procedure.

But often, the management company does not have the right to dispose of such real estate, since the shared construction agreement, and even the charter of the management company, states that the residents have equal rights to the ownerless real estate of the house.

Remember! Before you begin your privatization actions, you must obtain the agreement of everyone inhabiting this building.

We invite you to familiarize yourself with information about where to start privatization, what the cost is, where to go for registration and in what case a citizen may be denied privatization.

Step-by-step instruction

So, in order for you to become the rightful owner of the attic space, you need:

1. Conduct a house-wide meeting of residents;
2. Ask them to vote;
3. If you receive one hundred percent of the votes to engage in privatization, you can begin collecting documents;
4. You must provide the documents both to the management company for review, and to the city administration, namely to the privatization committee;
5. Wait for the result of the review;
6. If the answer is positive, privatize the property in Rosreestr.

Do not forget! Before you begin the complex procedure of collecting documents, make sure that this living space is not actually occupied by anyone, otherwise all your efforts will be in vain.

Collection of documents

Documents can be divided into two large groups. First of all, to privatize an attic space you will need documents from various authorities, but we will talk about them later and in a separate topic. You will also need papers for the apartment , which you already have on hand. These include the following papers:

• Cadastral plan of your apartment;
• Technical plan of your living space;
• Title documents, which include: a certificate of ownership in your name or the name of one of your household members;
• deed of gift;
• documents confirming the right to inherit this residential premises.

Obtaining neighbors' consent

Obtaining consent from neighbors is the most important point in the matter of privatization .

After all, according to all the rules, the attic is a common house property , if no one managed to privatize it much earlier.

Conduct a vote by inviting all residents to a meeting, or independently go around all the apartments in the building and collect signatures.

If all 100% of those living in the house voted that they are not against you taking up privatization, feel free to start collecting documents, but if some abstained, did not vote, or even thought that you were neglecting the rights of other residents, you cannot apply to the attic space.

Appeal to authorities

In addition to the documents that, one way or another, you already have in your hands, you need to visit a number of authorities and collect documents required for privatization.

1. So, you need to go to Rospotrebnadzor and get a certificate stating that this premises and its use will not pose a danger to the residents of the house.
2. The next point of your visit is the Main Directorate of the Ministry of Emergency Situations . There they must check or simply issue a certificate stating that this structure is safe in technical terms.
3. The architectural department must approve your plan for connecting the attic to the apartment or simply joining it into a single property.
4. The gas inspectorate must also issue permission for connection and confirm that in this way the most important communications will be open to access.
5. Contact an architect , who should draw up a project for your new home with the condition of adding an attic.

These documents are submitted to the housing committee , where in the end you should receive a final conclusion, which will determine whether privatization is possible or not.

If possible, you contact the city administration and there you carry out the final stages of this action in the form of obtaining documents and registration in Rosreestr .

Procedure

Privatizing an attic is a labor-intensive and time-consuming task.

Designing it is half the battle; you need to obtain permission for reconstruction, because many residents purchase an attic space to expand their living space, converting that floor into an attic room.

Where to begin

The privatization of premises under the roof of your house must begin with a general meeting of the house, explaining to the residents the topic of the agenda and asking them for written permission under the minutes.

Having received the cherished agreement, you must adhere to a certain plan:

• contact the appropriate authority to approve the reconstruction;
• develop a project for the attic space;
• receive a redevelopment act and a cadastral passport for the new premises.

Only with a cadastral passport and a reconstruction act can you submit documents for further privatization of the desired premises.

The last stage will be the execution of an agreement with the state for the transfer of ownership rights and making the appropriate mark in the Unified State Register.

Where to go

Privatization of an attic requires not only a lot of documents, but also a visit to numerous authorities in the area where you live.

• The first step is to visit the BTI, where the reconstruction will be considered, then it is worth visiting an architectural and planning organization that will help develop a project for the future attic.
• Upon completion of these procedures and receipt of the necessary documents, you should contact Rosreestr for a cadastral passport.
• To sign an agreement on the transfer of ownership, you must visit the privatization department of the Housing Department. In some cities, the privatization department is located under the Administration.

In Moscow, residents can use the services of the Multifunctional Center.

What documents will you need?

You can register ownership of the premises above your apartment by first collecting the necessary package of documents.

• Identification documents of the applicant.
• Certificate of ownership of the apartment to which the additional floor will be connected.
• Minutes of the meeting of homeowners in the microdistrict, with their agreement and signatures on privatization.
• Permission for the reconstruction of the attic, certificate of completion of work, cadastral passport for the object.
• Project documentation for the attic.
• Registration certificate for an apartment located under the attic.

Since the privatization of the attic occurs on a paid basis, it will be necessary to provide a receipt for payment for the procedure. Acts on the satisfactory and safe condition of the premises may also be required: acts from the Ministry of Emergency Situations, Civil Inspectorate and Housing and Communal Services.

Registration cost

There is no clear answer to the question of how much it costs to take ownership of an attic space. It all depends on the city in which the house is located, as well as on the rates set by the local administration.

So, Moscow and the Moscow region offer from 10 to 50 thousand rubles . To this cost we must add the development of technical documentation, which will cost the citizen another 10-15 thousand rubles .

Approximate cost of services in rubles for paperwork:

Attic project

Design documentation for a future residential attic is developed according to the design features of the building and the personal preferences of the resident.

Only a specialized organization, for example, an architectural and planning company, can prepare a project.

The price of the project can vary from 5 to 20 thousand rubles .

How to renovate an attic

The desire to increase the space of their apartment by adding an attic sometimes arises among many residents of the upper floors.
Firstly, it is cheaper than purchasing a new apartment.

Secondly, it’s not a bad idea to make an opening in the ceiling, build a beautiful staircase and make your own second floor in the form of an attic.

But it's not all that simple. There are a lot of pitfalls along the way.

First a project must be created.

Depending on the grandeur of the plans and the change of rafter systems, the project can be done independently or entrusted to a specialized organization;

• After the project has been agreed upon and accepted by the relevant authorities, you can begin to prepare the necessary materials and tools;
• Before starting work, you need to carefully check the rafters and, if necessary, strengthen them;
• Next comes roof insulation;
• The next step is exit equipment;
• At the end - finishing.

Misconduct

Unlawful actions in the case of privatization can come both from neighbors and from a citizen who decides to add an attic space to the apartment.

1. From a citizen: some apartment owners living on the top floors incorrectly believe that the right to use the attic belongs to them by default. This is a mistake - the attic is a common area of ​​the house and all residents can use it. If a tenant living under the attic decides to bypass privatization and occupy the technical floor, he is acting outside the law.
2. From neighbors: if all residents of the house have given their consent to the privatization of the attic and the transaction has been formalized, they have no right to use this premises. Entering privatized territory will be considered illegal.

Step-by-step instructions on how to privatize the attic above your apartment

If the house is municipal, then consent for use must be obtained from the organization on whose balance sheet it is, or from utility services and BTI. In the first case, the package of papers consists of:

• permission for attic conversion;
• act on the satisfactory condition of the technical premises;
• papers on inspection of the Ministry of Emergency Situations and the civil defense department (if the attic is equipped for non-residential premises);
• a certificate stating that the attic does not belong to anyone, that is, it does not have an owner or tenant;
• extract from the technical passport for the house;
• house plan;
• the layout of the attic itself.

As for the certificate from the BTI, to obtain it it is necessary to call an employee of the organization to your home to take measurements of the privatized technical premises. This should be done in advance, since it may take about a month for a BTI employee to arrive.

Going to court

Residents of apartment buildings have the right to go to court if they believe that their rights have been violated.

For example, they began to reconstruct the attic space without their knowledge or consent, as well as rent it out or use it for personal purposes: warehouse, office, housing.

All violations in relation to the attic space are described in Articles 246 of the Civil Code and 36 of the Housing Code.

If the law has actually been violated, the bailiffs have the right to stop the arbitrary act and return the attic space back to public use. Management companies that committed such a violation, as well as residents who illegally used the attic, will be punished.

Step-by-step instructions on how to privatize the attic above your apartment

It’s unlikely that anyone doesn’t dream of a cozy attic, which is located right under the roof of your house. Foreign photographs and films paint us extraordinary landscapes that open from apartments that are located under the very roof, and an inexperienced citizen of our country dreams of settling in such a place himself.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call.

Questions and answers

Despite the popularity of such a procedure as attic privatization, many residents still have questions. Lawyers specializing in housing law can suggest the correct and legal solution.

Is it possible to privatize part of the attic above the apartment?

The law allows the privatization of part of the attic if the tenant does not need the full space.

However, this will require an official delimitation of space, for which additional permission must be obtained, which is not always feasible.

What difficulties may arise

There are three main difficulties in the issue of privatization of attic space:

• consent of all owners: if there is not at least one signature, the privatization permit will not be approved.
• technical features of the attic: communications running through the room, emergency condition, design features.
• documents: collecting all the necessary documents is quite difficult, expensive and time-consuming.

How to cancel the illegal privatization of a land plot? Where to submit documents for privatization of a land plot? Find out here.

How much does it cost to privatize an apartment in Moscow? Read on.

In general, according to housing practice, there are quite a lot of cases of privatization of the attic in an apartment building, and recently, such procedures have become increasingly popular.

Is it possible to negotiate with neighbors?

The most difficult stage in decorating an attic space is the consent of all residents of the house.

To begin with, you can try posting a notice on the entrance about an urgent meeting at a certain time, indicating the agenda. If the residents did not come in full force, they will have to go door to door and collect the missing signatures.

It is difficult to say whether all tenants will allow privatization; it all depends on the attitude of people towards the citizen who has decided to take such a step. This will require a lot of patience, explanatory work, propaganda and other possible methods of influencing people.

What projects and work are needed to convert a technical floor into a regular floor?

To convert a technical floor to a regular floor, you need to order a reconstruction project. Redevelopment will not be suitable in this case, since the basic parameters of the building will be changed (primarily the number of floors). The list of reconstruction works may include:

• dismantling, replacement, restoration, installation or strengthening of load-bearing structures (walls, ceilings, beams, etc.);
• organization of exit from the technical floor to common areas (staircases, corridors, elevators, etc.);
• arrangement of door and window openings, internal walls and partitions, and other planning elements;
• development of fire safety measures, proper ventilation and air conditioning systems;
• changing the layout of utilities and equipment;
• works on noise, sound and heat insulation, since for residential and non-residential premises they are much stricter than for technical floors.

This is not a complete list of work that may be required for a renovation project. The choice of solutions and types of work depends on the type of building, the characteristics of the technical floor, and other circumstances. The designers of ]Smart Way[/anchor] will take all these points into account if you order the transfer of a technical floor to a regular one from us.

Specialists will inspect the technical floor to make a decision on the possibility of converting it to a normal one.