There are often situations when citizens, trying to make their homes more modern and comfortable, do so in violation of the interests of their neighbors, creating a serious danger for all residents of the building.
Taking this into account, in the process of carrying out repair work in their own home, its owner must correctly understand what work can be carried out without prior approval, what repairs will require contacting government authorities, and what is prohibited in principle.
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Otherwise, the violator will be subject to liability and fines for illegal redevelopment of the apartment.
General provisions
In accordance with current legislation, the vast majority of work related to redevelopment must be pre-approved by government agencies, and the reasons for this can be very different and, first of all, this concerns the need to comply with certain standards and norms.
This is especially important if the repair work affects any engineering communications, since today there are often situations when, in the process of redevelopment, the owners do not first coordinate the completed project with specialized authorities, as a result of which any damage may occur. property in connection with changes to the design of load-bearing structures and other elements.
It is worth trying in every possible way to exclude such situations, especially considering the fact that quite serious liability is provided for this.
Main provisions
First of all, you need to correctly understand what exactly is punishable by administrative fines today, and how the procedure for imposing it on the violator is carried out.
When a violation occurs
Any work related to making adjustments to the living space without obtaining prior permission is considered illegal redevelopment. In situations where obtaining it is not necessary in principle, repair work cannot be considered illegal, since their implementation does not imply a violation of current legislation.
Thus, redevelopment may be considered illegal when changes are made that should have been approved by the housing commission, but which were never formalized. Also recognized as such are repair work, which in principle is prohibited by current legislation, and if in the first case it is still possible to legitimize the adjustments made in court, in the second case the owner is invariably subject to quite serious responsibility, as well as the need to bring the housing to its original form.
In addition, liability is imposed on the owner even if he purchased an apartment in which illegal repair work was carried out, by inheritance or as a gift.
In the process of registering ownership during such operations, it is not at all necessary to provide a technical passport, and therefore the new owner may not even know that it does not contain any marks about the repairs carried out. At the same time, even if a person has already received pre-planned housing, all changes made will need to be legalized.
Sample permission for redevelopment of an apartment
Where and how to complain
Violation of the rules for the operation of residential premises is punishable in accordance with Article 23.55 of the Code of Administrative Responsibility. If neighbors have carried out illegal redevelopment, which potentially poses a safety threat to the building (for example, due to the repairs carried out, the building could, in principle, collapse), in order to protect their own rights, you can file a corresponding complaint with the housing inspectorate, drawing it up in any form.
It is worth noting the fact that in the process of filling out an application it is extremely important to indicate the key features of illegal redevelopment, as well as indicate the address of the neighbors, and the main part of the application must contain information about the violator and the reasons why his actions are considered illegal.
The final part of the application must include a requirement to bring the violator to appropriate liability with the subsequent elimination of the violation. A complaint can be sent to the authorized bodies by any means provided, from a personal visit to sending a registered letter via mail or a specialized website of the organization.
Based on the application received, the supervisory authority will be required to conduct an unscheduled inspection of compliance with housing legislation, as well as establish the existence of violations. If they are found, a case of administrative violation is initiated. At the same time, if the control body is inactive for any reason, you can file a complaint with the prosecutor’s office.
Sample statement of claim for redevelopment of an apartment:
Going to court
Judicial proceedings are carried out mainly only if the owner was unable to agree on the carrying out of repair work administratively. In this case, it is important to obtain a reasoned refusal from government officials, issued in writing, that is, the document must contain a reference to any norms or rules in accordance with which the procedure and technical nuances of redevelopment are regulated.
The filing of the statement of claim is carried out at the place of residence of the defendant, which will be local authorities, and in the document itself it is necessary to indicate the contact information and residential addresses of each of the parties to the conflict.
The plot of the application must describe the exact chronology of events, including the plaintiff’s attempts to independently resolve the problems associated with the redevelopment in a pre-trial manner. Along with the application, you will also need to submit other documents to the judicial authorities that confirm the accuracy of the information provided.
Redevelopment of an apartment with a mortgage
It is possible to carry out such work even in a mortgaged apartment, but it will require additional consent. Bank first. If the creditor does not raise any objections, the approval procedure can begin in the usual authorities. During further procedures, a bank employee will monitor all stages of the procedure. The bank employee also has the right to personally come and make sure that the correctness of the reconstruction is being observed. If the bank for some reason refuses to redevelop, it will be impossible to carry out it until the mortgage loan is paid in full.
Emerging liability for illegal redevelopment
Carrying out illegal redevelopment involves imposing liability on the violator in the form of a fine, and local authorities also have the right to demand that the owner restore the housing to its previous condition.
If the owner refuses to carry out restoration work, he may be brought to court proceedings, on the basis of which his housing may be sold through a public auction.
Among other things, do not forget that based on the fact of illegal redevelopment, a social tenancy agreement with a person can be terminated.
What exactly will help you change the space of your home, redevelopment or reconstruction - specialists will help you with this. We will explain what redevelopment of residential premises may include.
If the redevelopment cannot be legalized
After discovering the fact that there is no permit, the owner still has the opportunity to obtain it based on the fact of the work performed. But if a load-bearing wall is demolished or a kitchen with a gas stove is combined with a living space in a one-room apartment, it is impossible to obtain permission.
There are situations when the owner is ready to return to the original apartment plan, but this may be unsafe. In such cases, an individual project is developed and a professional construction team with an appropriate license is invited to work. The costs fall entirely on the owner of the apartment, since it was he who allowed the unauthorized redevelopment.
Thus, for illegal redevelopment, liability is established not only in the form of penalties, but also the need to return the premises to its proper form. If the owner does not do this, there will be a trial and possible deprivation of housing.
Other problems
In addition to the specified nuances of illegal redevelopment, it is also worth considering a number of other, no less important features.
What and when does it threaten?
Violation of the current legislation related to redevelopment provides for the possibility of imposing the following types of punishment on the violator. First of all, a fine is imposed, the amount of which can range from 1,500 to 2,500 rubles, depending on the circumstances.
In addition, there is also administrative responsibility, which is imposed in accordance with Part 5 of Article No. 290 of the Housing Code. If the fine is not paid and other instructions of government bodies are not met, the housing is confiscated from the owner and sold at public auction.
If you don't pay
Of course, the ideal solution after being found guilty of violating the current administrative legislation would be to pay the imposed fine for carrying out unauthorized redevelopment, while simultaneously legalizing or eliminating the repairs carried out.
Failure to pay within the deadlines that were established for the voluntary fulfillment of the assigned obligations provides for further forced execution by the authorized bailiff service, which can:
- seize property;
- seize a vehicle when interacting with the traffic police;
- prohibit the possibility of traveling outside Russia.
As mentioned above, deliberate evasion of the imposed obligations to collect a fine for illegal redevelopment and its failure to pay can result in quite serious consequences, and in exceptional cases this can lead to actual deprivation of housing. Among other things, if, due to repairs, the building collapses, a person dies, or any other accidents occur, the culprit may even end up in the dock.
Sample application for redevelopment of residential premises:
Other situations
For persistent violators, a sanction is provided in the form of deprivation of the right to use real estate, and this applies not only to owners, but also to tenants. In this case, the municipality completely terminates the previously executed rental agreement with the tenant, while the owner’s housing is taken away and sold at auction.
Part 5 of Article 29 of the Housing Code provides for the possibility, in court, at the initiative of representatives of the housing inspection, to deprive a person of the right of ownership of certain housing, and after its sale, a certain part of the proceeds goes to cover the relevant legal costs and restore the original appearance of the property, while while the remaining amount is returned to the former owner.
Article 29. Consequences of unauthorized reconstruction and (or) unauthorized redevelopment of residential premises
What are the dangers of concealment?
It is not always possible to hide illegal redevelopment. Even neighbors who are disturbed by constant repairs and noise from the apartment can complain to housing inspectors. A housing inspector should be allowed in to inspect an apartment for unauthorized redevelopment of residential premises in an apartment building, otherwise he can go to court and resolve this issue with the help of bailiffs.
Fine
Any unauthorized unauthorized redevelopment is considered illegal. According to Article 7.21 of the Administrative Code, the owner of such an apartment will face a fine of 2,000 rubles. up to 2500 rub. This amount is even higher for legal entities – from 350,000 to 1,000,000 rubles. Along with the fine, the owner of the apartment will receive an order from the housing inspector with a requirement to either legalize it or restore everything to its original form.
The consequences of refusing to settle can be dire for the owner. If the owner categorically refuses to comply with the order, a second fine in a higher amount is issued. If the order is not followed again, the housing inspectorate goes to court, which has the authority to evict the negligent owner from the apartment and sell the property at auction. The SSP may restrict border crossing for citizens.
Repair
If the loggia was combined with a kitchen or room, the balcony block was removed, or the radiator was moved to the balcony, then, despite the fact that the balcony is insulated, after paying a fine the owner will have to move the battery back at his own expense and return the balcony block.
Likewise, if a wet area (kitchen or bathroom) was moved into a room and, as a result of a utility accident, the premises of the lower neighbors were flooded, then the owner will not only have to pay a fine and move everything back at his own expense, but also pay for repairs from the neighbors.
Criminal liability
If the redevelopment is not agreed upon, and in the process of carrying out the work, great damage was caused to the building or, moreover, people were injured (for example, a wall collapsed), the culprit will necessarily be held criminally liable.
It should be noted right away that by the end of 2020 it is planned to adopt a law to toughen penalties for owners of non-residential premises for illegal changes in layout. Most accidents and collapses occur due to the fault of owners of shops or offices located on the first floors of apartment buildings, who skimp on approvals and carry out illegal redevelopment work.
How to solve a problem
In order not to get bogged down in lengthy legal proceedings with representatives of the BTI, and also not to pay the maximum amount of the fine, it is best to immediately begin the procedure for legitimizing the redevelopment.
If the repair work was carried out in full compliance with established standards and without any violations, it will be possible to coordinate their implementation in a fairly short time, since you will only need to collect all the necessary documents and submit an appeal to the authorized bodies so that they make a decision and issue appropriate permission.
Also, do not forget that after receiving this document you will need to change the existing technical passport to a more current one so that all the relevant changes are made to it.
In practice, situations occur more often when people carry out independent repairs with numerous violations, and therefore it is simply impossible for them to obtain permission.
How to legitimize
To bring your design ideas to life, you first need to legalize the redevelopment of your apartment. How to legalize redevelopment?
Contact BTI
The first thing you need to do is order a registration certificate for your apartment at the BTI or at the MFC. The procedure for issuing technical passports at the MFC takes a little longer. This service is paid, the cost of which starts from 900 rubles. The service will cost even more if the registration certificate is ordered for the first time (for example, in a new building) and a technician will be required to visit it.
Collect the necessary documents
The received technical passport displays the location of the premises, their area and other parameters. If you are planning to change the appearance of your apartment slightly, then you can get by with just one sketch of the upcoming changes. If you are planning an impressive list of work, it is better to find a design bureau that will carry out the drawing.
To complete the redevelopment, you will need to show a drawing:
- the management company, which must confirm that all communications will remain unchanged;
- state fire service;
- water utility;
- sanitary-epidemiological service;
- committee monitoring the condition of historical and cultural monuments.
Having collected signatures and approvals from all of the above organizations, you can already go to the MFC. At this stage, in addition to the above approvals, the following will be required:
- statement;
- USRN extract;
- consent of all apartment owners to construction work.
After accepting all applications, the MFC will issue a receipt to the owner and set a date for issuing the permit. Usually documents are reviewed within 2 months. It is better not to start work during this period, because even with the consent of all the above authorities, the commission may refuse to carry out the work.
Since 2020, all documents can be submitted to the MFC electronically. In this case, they will also answer you online and the document will also be sent by email.
Carry out construction work
It should be taken into account that redevelopment work is allowed to be carried out exactly for a year, and the repairs must be completed within the specified time frame.
If the contractors failed with the deadlines, then you can contact the MFC and apply for an extension of work. Permission to extend is issued only once, but immediately for six months, unlike previous years, when permission to extend was issued for one month, but an infinite number of times. After obtaining a work permit, you can hire workers and begin to bring your design ideas to life. You can do all the work yourself - the main thing is to follow the law of silence. If the work is carried out by a hired team, after completion of the work you should obtain a certificate of completion from the foreman.
Get a registration certificate
After completing the redevelopment work, you can contact BTI again and invite a technician to take measurements. The result will be a new technical certificate for the remodeled apartment.
