Reconstruction of an apartment in a semi-detached house
There they gave a list of necessary documents, incl. We need to obtain written consent from the neighbor for our reconstruction. This is where it all started. The neighbor categorically refuses to give consent, without motivating it in any way. He only refers to the fact that HE WILL HAVE TO CARRY MONEY COSTS BECAUSE OF US... As I understand it, he means making changes to the house plan?
By the way, let me clarify that according to the BTI there is a PLAN of the WHOLE HOUSE. not sq. No. 1, apt. No. 2…. And as they explained to us in the district, after receiving permission for reconstruction and drawing up a plan, WE (namely, only the owners of apartment No. 2) will be required to pay for changes to the BTI plan of apartment No. 1... and apartment No. 2... .
Legalization of unauthorized construction: registration sequence
Going to court is always preceded by an attempt to legalize it administratively. It is impossible to bypass the pre-trial procedure for approving construction. Only after receiving a refusal at any stage of legalization does a person have the right to have the case heard in court.
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After hearing the parties, their positions and arguments, the judge makes a decision. If the verdict is positive, the owner, together with the resolution that has entered into force, applies to the MFC or directly to the Rosreestr branch to register the property.
Reconstruction of an apartment in a two-flat residential building
Since, according to the law, individual housing construction is subject to reconstruction, but not apartments in an apartment building.
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Is a project needed when reconstructing an apartment in a two-apartment building Question details: We live in a two-apartment building. The apartment is owned.
What you described is not included in the concept of “reconstruction”, since in accordance with the Town Planning Code of the Russian Federation - reconstruction of capital construction projects (except for linear objects) - changing the parameters of a capital construction project, its parts (height, number of floors, area, volume ), including superstructure, reconstruction, expansion of a capital construction project, as well as replacement and (or) restoration of load-bearing building structures of a capital construction project, with the exception of replacement of individual elements of such structures with similar or other elements that improve the performance of such structures and (or) restoration the specified elements. Everything you described is called reorganization (Art.
Consultation with a lawyer on issues of permission to reconstruct a house
- A certificate authorizing the work and issued with the consent of the local municipality under whose authority the reconstruction object is located;
- Copies of a document that confirms the legal right to the allocated area of the territory. They must be notarized.
- A document that confirms the fact that the territory for installation and construction work is allocated for construction by a particular private owner.
- Plan of the territory where restoration work is carried out (cadastral).
- All kinds of project declarations - a verified reconstruction project and so on.
- Technical documentation confirming that the building being reconstructed is connected to technical support networks.
- Topographic map of the area where repair work is being carried out.
- BTI certificate on the purpose of the building. It is also accompanied by plans of the house or the entire plot of land, which are issued at the request of the owner.
The two-story “Stalinka” house was officially recognized by the interdepartmental commission as unsafe and subject to reconstruction. At the same time, the city authorities, under the guise of this reconstruction, are trying by all means to “pull” the addition of additional floors over the house. We, the residents, do not want to change either the interfloor wooden floors or the external and internal walls, the condition of which, according to the conclusion of a specialized organization, is unacceptable. Most home owners are against adding floors. This is such a substitution of concepts on the part of the authorities. They call this simultaneous, comprehensive reconstruction. Question: In this case, can the developer be issued a construction permit (reconstruction of a house by adding floors) in the absence of 100% consent of the house owners to this (Article 51 of the Town Planning Code of the Russian Federation)?
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User agreement upon purchase
At the same time, you will be able to change and compare prices from different foremen and change prices for materials.
- — Individual foundation design
is carried out based on the results of geological surveys on your site.
- — Water supply and sewerage project (carried out individually according to your requirements and the location of plumbing fixtures)
- — Heating project
(carried out according to your instructions, with wishes for the placement of heated floors and radiators)
- — Electrical equipment and lighting project
(carried out according to the sketch of the arrangement of sockets and lamps agreed with you)
- — Individual design of facades.
(Development of a unique look for your home by a professional designer)
- — Interior design project, taking into account furniture arrangement and decoration.
What is a blocked building house in 2020?
A detailed definition of such an object is present in .
The main feature of the building is a separate exit to private territory.
Simply put, a residential building of a blocked development is a collection of low-rise buildings built as a single object. The distinctive features of a blocked development are: the local area can be shared or fenced off, there can be from two to ten separate plots, there is no common entrance to individual blocks, there are no shared premises, each block has its own communications, and there is access to the territory for collective use.
Reconstruction of a private house: what documents are needed?
Permission for reconstruction
The main requirement that a private house reconstruction project must meet is that the load-bearing structures should not be completely changed or replaced - they only need to be repaired. This is the peculiarity of this process: the addition of new premises - residential or ancillary - must be carried out under the condition that the foundations of existing walls are preserved. For the reconstruction of a private house, you need to obtain special documents.
The reason is that this complex type of work requires permission from the relevant authorities.
You need to understand that if the owners demolish a wall and then erect it in another place, then this work falls under the category of redevelopment. But if the owner decides to add a veranda or, for example, a summer kitchen to his cottage, then he must obtain approval from the relevant authorities.
Is it possible to reconstruct your half of a two-flat house into non-residential premises?
Info We bought a house for two owners (the certificate says multi-apartment shared ownership) with a separate entrance and separate communications.
Indirectly, this is a house of blocked development. One common wall, roof and land in shared ownership.
Our part of the house is not suitable for habitation, the house is warped.
There is a reconstruction project. The neighbors do not agree to the reconstruction of our part, demanding impossible conditions. Dividing a house into two separate buildings Dividing a house into two separate buildings is called allocating a share in kind. The essence of this method is to transfer to each of the parties an isolated room suitable for habitation.
Important This is the most common way of dividing a home between two owners.
Two apartments are not enough
But the legal battle between two neighbors in the same house did not end with this verdict. Six months later, the citizen who built the second floor finally received permission from the municipal district administration for the reconstruction that had already been carried out. The plaintiff's neighbor did not rest either. He made changes to the Unified State Register, on the basis of which his apartment began to be called part of a residential building. Having received such documents, he began to claim that the house they shared with their neighbor was an apartment building.
When the district trial began, the plaintiff presented the results of the examination of the local Primorsky Expert Legal Center. Judging by this conclusion, the plaintiff's alterations to his part of the house met all the necessary requirements. But the district court rejected the claim. According to the judge, the applicant was unable to prove his right to the land plot under the house. The court did not see any confirmation that the renovation of the apartment was not dangerous and did not violate the rights of the neighbor. According to the district court, the plaintiff's examination alone was not enough. In general, the court decided that the plaintiff never presented the necessary permits for the reconstruction and redevelopment of the apartment.
09 Sep 2020 yslygiur 4270
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How to register a two-flat house?
Property owners can purchase the land plot on which the premises are located as shared ownership absolutely free of charge. There is no clear answer to the question of which authority is able to determine whether a house belongs to the type of apartment building. In most cases, this issue is dealt with by local governments.
To complete a transaction for the sale or exchange of a house or part of it, you must prepare the following documents:
- passport,
- document of ownership (agreement of sale, exchange or gift),
- certificate of registration of rights (if the property was acquired before 1998, then the stamp is placed on the agreement itself),
- registration certificate for the house (can be obtained from the BTI, valid for 5 years),
- cadastral passport (also issued at the BTI),
- an extract from the unified register of registration of rights (shows the absence of seizure of the property),
- an extract from the house register (can be obtained from the passport office or management company),
- waiver of the right to purchase from co-owners (mandatory in the case of shared ownership).
Also, to conclude a transaction, as an addition, you can prepare a certificate confirming the repayment of all utility bills and the absence of tax debts.
What is the reconstruction of a private residential building: how to avoid refusal and obtain permission
In accordance with paragraph 1 of Art. 10 Federal Law “On additional measures of state support for families with children” dated December 29, 2006 N 256-FZ (hereinafter Federal Law No. 256) funds mat. capital can be used to reconstruct a house if several conditions are met:
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As for the reconstruction of houses in SNT (garden non-profit partnerships), thanks to the adopted Federal Law No. 93 of June 30, 2006 “On the dacha amnesty,” permission is not required. And to register ownership rights, a simplified procedure is used - it is enough to provide a declaration about the real estate property to Rosreestr. In this case, the land plot in SNT must be owned.
Reconstruction of a semi-detached house
Depending on the quality of your housing property, there is a difference in the execution of various documents permitting reconstruction and additional construction work.
In the case when the house is designed as an apartment building, any construction and reconstruction work, such as roof repairs, must be carried out with the permission of the second residents. The need for this procedure is explained by the fact that the building is in shared ownership.
If your semi-detached house is a block building, then permission is not required. The only main requirement in this case is the absence of harm and damage caused to neighbors as a result of repair work. Otherwise, the residents behind the wall have every right to sue and recover from you the full cost of work to restore the building, which was damaged as a result of your repair work.
An extension to a two-apartment house is also a reconstruction, therefore, if the house has the status of an apartment building, then additional approval is required from all shareholders.
Reconstruction of part of a residential building how to legalize 2020
And when the house is built, you can begin the process of REGISTRATION of property rights - more details...For outbuildings, the law does not require preliminary approvals. Consequently, in the case of non-residential buildings, there is no difference in the concept of the words “LEGALize”, “REGISTER”.
Reconstruction is often compared to redevelopment or major renovation. Redevelopment involves changes only to the interior of the house, major repairs involve the replacement or restoration of some elements, and reconstruction involves changing the area and facade of the room.
Design options for semi-detached houses
Today, standard designs of semi-detached houses are becoming more and more popular. Standing o does not mean “banality” and “uniformity” at all. The main advantage of such developments is convenience and practicality, since these projects include those that are operated with the greatest success. For example, if 2-3 houses were built according to one design, and a year later all the owners began to complain about the low quality of the development, then they will no longer build residential premises according to this layout, and accordingly, it will never become standard.
A two-apartment house built according to a ready-made project absolutely does not imply a rectangular building with square windows. Undoubtedly, in such buildings there is nothing superfluous and absolutely non-standard, but this does not mean that the house looks somehow pretentious or banal.
Projects of semi-detached houses can be completely different. There are two main types: symmetrical and asymmetrical.
Projects of symmetrical semi-detached houses
These buildings are a residential structure divided into two apartments. The name of this type comes from the fact that both apartments are absolutely mirrored from each other, or more precisely from the dividing wall, which is located, most often, in the middle of the house. In such buildings, only the roof is common. As for the adjacent areas, fences and entrances, they are separate - on different sides of the house.
Projects of asymmetrical semi-detached houses
Such buildings are residential buildings, the apartments of which are located asymmetrically relative to each other. Their layouts can be completely different, and accordingly, the shape of the house can be completely unpredictable. The entrances to the apartment are located in different ways, not excluding the option of nearby entrance doors.
Semi-detached houses do not have to be one-story. There are cottages with two and three floors. Apartments in such buildings can be divided symmetrically and have different entrances, and accordingly, each apartment has a separate staircase. There are projects of houses with two floors, in which the division into apartments occurs floor by floor. That is, for example, the first floor is one apartment, and the second floor is another. The layouts of such premises are most often the same, as this is more convenient for installing communication systems, for example, sewerage and water supply. Some designs are designed for a joint entrance and staircase.
Here are the main standard designs of semi-detached houses that are most common today. It is worth considering that for each individual case you need to select the most suitable option, taking into account all the necessary requirements and capabilities.
Reconstruction of Part of a Residential Building How to Legalize 2020
For maximum comfort and coziness, many owners of country houses improve their buildings by remodeling or reconstructing. Any manipulation of reconstruction and redevelopment is a rather responsible process that requires a competent approach. Even if you have the funds and the ability to seek qualified repair and construction services, without official confirmation, reconstruction of a private house without permission is impossible. Before starting any design manipulations or construction itself, you should understand the difference between the concepts of redevelopment, reconstruction and major repairs. This will determine what set of documents needs to be prepared, and whether the registration procedure is necessary in principle. So, a major overhaul refers to the process of replacing old building materials with new, more technologically advanced and modern ones.
The foundation of the building and its floor beams must also be strong in order to withstand the load. Converting a one-story building into a two-story building is possible only after agreement with the BTI and obtaining permission from the administrative authority. When all planned reconstruction or redevelopment work is completed, the owner again contacts the BTI to confirm new technical parameters and obtain a new technical passport with a floor plan. When permission for commissioning and an acceptance certificate is received, the real estate is registered.
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