Reconstruction of capital construction projects (page 2)

Sample written consent of neighbors for an extension to the house

2. Outbuildings intended for raising livestock and poultry should be located at a distance of at least four meters from the neighboring property.
3. Bathhouses, garages and other buildings that are not intended for raising livestock or living in can be built at a distance of at least one meter from the neighboring plot. Although the sample consent of neighbors for the construction of a house and other construction work is drawn up in free form, there are some uniform requirements that must be taken into account when drawing up the document: It is also appropriate to indicate in the document what changes will be made as a result of construction.

Consent for reconstruction of a residential building from the owners sample

It is necessary to take into account that, in accordance with Art.
1 of the Town Planning Code of the Russian Federation, reconstruction is understood as a change in the parameters of capital construction projects, their parts (height, number of floors, area, production capacity indicators, volume) and the quality of engineering and technical support. The court ordered the defendant to bring residential building No. on M street. in Kaliningrad to its original condition, existing before the production of K.T.V. work on the reconstruction of the attic space, by demolishing the erected building above apartments No. and No. in the following order, namely: dismantle the existing roof, rafter system, attic floor above the second level of the built-on apartment, dismantle the walls of the second level of the built-on apartment, the ceiling of the first level of the built-on apartment, dismantle the walls of the first level of the built-on apartment in technical sequence in accordance with the regulatory requirements for dismantling work, reconstruct the attic, rafter system, roof over apartments No. and No. in accordance with the technical plan of the Federal State Unitary Enterprise "Rostekhinventarizatsiya" as of May 15, 1996 at his own expense within one month from the date the court decision entered into legal force, and in case of failure to comply within the specified period, K.T.V. court decision - to allow A.O.D. or to third parties on her instructions to demolish the specified building with the subsequent imposition of the costs of demolition and restoration of the attic space on K.T.V., and K.T.V. oblige not to interfere with the implementation of these works.

Consent of neighbors to reconstruct the house

Hello! CONSENT for the reconstruction, reorganization and (or) redevelopment of premises, as a result of which part of the common property in an apartment building in the city _______________ "__"___________ ____ ____________________ will be added to them, being the owner of the residential (non-residential) premises (full name .) in an apartment building at the address: ________________________________________, which is confirmed by the Certificate of Ownership dated “__”____________ _____, N ________, having ________% of the votes, acting on the basis of Part 2 of Art. 40 of the Housing Code of the Russian Federation, hereby gives consent to the reconstruction, redevelopment and (or) redevelopment of premises, as a result of which part of the common property in an apartment building will be added to them. Owner _____________/___________________________/ (signature) (full name)

1/2 share of the house in the property, there is permission for reconstruction, but without the consent of the neighbors, reconstruction has begun, the house is old without repair, 60 years old with four walls, can I continue the reconstruction - I want to cut out part of the rotten wall and replace it with a solid frame.

Consent of owners for reconstruction of non-residential premises

This list is exhaustive, since part three of this norm establishes that the body carrying out the transfer of premises does not have the right to require the presentation of other documents, except for the documents established by part two of this article.

RAA Law

1. The owners of premises in an apartment building shall own, by the right of common shared ownership, the common property in the apartment building, namely: 3) roofs enclosing the load-bearing and non-load-bearing structures of the given house

, mechanical, electrical, sanitary and other equipment located in a given house outside or inside the premises and serving more than one room;
4) the land plot
on which this house is located, with elements of landscaping and improvement, other objects intended for the maintenance, operation and improvement of this house and located on the specified land plot.
The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning. We recommend reading: Increasing Pensions for Disabled Persons of Group 2 Chaes Since 107-2020
Permission for reconstruction is obtained in conjunction with the preparation of the project and its approval. Therefore, the cost of the procedure should be considered in its entirety. The cost of the entire process directly depends on the size of the room being reconstructed. The larger it is, the higher the amount spent on obtaining permits will be. Depending on the region and size of the object, the final cost can range from 100 to 400 thousand rubles.

1. It is necessary to expand or, conversely, reduce the area.
2. Non-residential premises are transferred to the residential category.
3. The purpose of the area is changing, which requires design changes.
4. Arrangement of new entrances and vestibules.
5. Engineering communications are changing.
6. The building is worn out or constructed in violation of legal technologies.

Price

To obtain a permit, you will need to collect a package of required documents, pay the state fee for obtaining it and submit a written application to the appropriate authority. Within the time limits established by law, the application and the forms attached to it are reviewed, on the basis of which permission or refusal to carry out the agreed changes is given.

If commercial needs do not require any reconstruction, relocation of communications, etc., the neighbors’ consent to the transfer is not required, since it does not affect common property and cannot limit the rights of residents to use it.

To organize any business you need appropriate real estate. Construction within the city requires large investments, given that the location of the future building must be in a place convenient for clients.

Nuances

This means that a certain number of disagreements will not affect the transfer of the apartment to non-residential use. If the construction of a staircase, an extension or a separate entrance is envisaged, that is, work that is carried out according to the projects, then 100% of the consent is already required (Article 51 of the Town Planning Code). And it is precisely in such a situation that problems can arise.

• Passport.
• A document confirming ownership of real estate.
• A power of attorney certified by a notary if your representative will handle the procedure.
• Documents of the company, if the procedure will be carried out by a legal entity.

• The premises do not have a separate entrance and the owner will not be able to create one.
• If it will be used for various religious services.
• If people will live in the premises.
• There are restrictions on the premises (there is no right to dispose of them).
• The apartment is located in a rented house.

How to carry out the translation process?

Thanks to such amendments to the law, it will be quite difficult for business owners to obtain permission to open a store, cafe or hostel. Most apartment owners are against such an initiative and this is understandable; sometimes there are more problems from such activities than benefits.

• in a house with one entrance, the OSS will be valid if the owners who have more than 2/3 of the total number of votes in the house participate in it;
• in a house with two or more entrances, for the legitimacy of the OSS, the owners who have more than 50% of the votes of the total number of votes in the house must take part in it, including the owners of the premises in the entrance of which the transferred premises are located, who have more than ⅔ of the votes of the total number votes of such owners.

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It turns out that an owner who wants to convert a residential property into a non-residential one will be able to do this only if at least ⅔ of his neighbors at the entrance come to the meeting, and all those present cast 50% + 1 vote in favor. The corresponding condition for making decisions at the OSS will be included in Art. 46 Housing Code of the Russian Federation.

The owner will be required to obtain written consent from the owners of adjacent premises

This will also complicate the work of owners of hostels and hotels located in apartment buildings, the premises of which are considered residential. According to the Federal Law of April 15, 2020 No. 59-FZ, from October 1, 2020, changes are being made to Part 3 of Art. 17 of the Housing Code of the Russian Federation: it is prohibited to set up hotels in residential premises, as well as to use residential premises in apartment buildings for the provision of hotel services.

• during reconstruction, the parameters of the load-bearing element are not transferred or changed, but during redevelopment, similar actions are carried out (reconstruction is the reconstruction of a worn-out element to obtain its original appearance);
• during reconstruction, work is allowed to change the area of ​​the building (for example, if it is a private house, you can build a second floor), redevelopment does not imply an increase in this indicator;
• the redevelopment process does not affect the foundation; during reconstruction, it is possible to strengthen the foundation, change it and expand it;
• redevelopment may involve the transfer of part of the utility network; during reconstruction, its complete replacement is possible;
• during redevelopment, the facade cannot be changed; reconstruction may affect the finishing of the facade.

RAA Law

Consent for the reconstruction of a residential building. The owner of a land plot can erect buildings and structures on it, carry out their reconstruction or demolition, and permit construction on his plot to other persons. These rights are exercised subject to compliance with urban planning and construction norms and rules, as well as requirements regarding the intended purpose of the land plot (clause 2 of Article 260 of the Civil Code of the Russian Federation).

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I, gr. KULAGIN VALERY PETROVICH, born 08/18/1968, place of birth _____________, citizen of the Russian Federation, gender _____, passport 03 03 989898, issued by the PVS Department of Internal Affairs of the ___________ district of the city. Moscow 02/12/2002, department code 232-002, registered: city. Moscow, st. Tolbukhina, house No. 46, apt. No. 54,

Consent for reconstruction of a residential building from the owners sample

A consent form and its completion can be downloaded. Legalization of what has already been done in court begins with filing a claim, collecting a package of documents and paying state fees. These documents are accompanied by written consent from the neighbors to the reconstruction.

• Leonid 12:50 | 03 Aug. 2020 I own an office and industrial building on a plot of land that also belongs to me. Several years ago, I changed the permitted use of a piece of land from "for the operation of an industrial base" to "multi-story residential construction." Currently I have a need to reconstruct this building. Will I be able to obtain permission to renovate an existing building? +0 — 0 Duty Lawyer 10:23 | 11 Mar. 2020 It is impossible to give an exact answer. Permission is not issued with 100% probability. +0 — 0

Sample consent of neighbors for the construction of a house or redevelopment of an apartment

1. Permission must be in writing and cannot be considered granted only with the verbal consent of the neighbors.
2. Permission must be granted by the owners, and not by tenants or residents of neighboring apartments (dacha plots).
3. The document is drawn up like any other application from an individual, with a “header” indicating who is the author of the permit and to whom it is addressed.
4. The document indicates the full name, passport details and home address of all neighbors and the initiator of construction.
5. The permit must be signed by the owners of neighboring premises (areas).
6. The authorization must be dated on the day it was drawn up or signed.

In cases where, in order to carry out construction work, it is necessary to obtain the consent of neighbors for an extension, a sample of which can be seen below, it is better not to neglect legal norms. Before carrying out planned construction work, it is necessary to clarify whether it is possible to legalize changes without obtaining permission from neighbors. If new extensions and redevelopments will not reduce the quality of life and recreation or disturb the peace of neighbors, obtaining consent for construction work is often very simple.

Is the consent of the owners of an apartment building required for redevelopment?

When the premises are sold, legal costs and re-repair costs will be deducted from the proceeds, and the remaining money will be returned to the former owner. He will be preliminarily deprived of his rights to property, i.e.

. K. refused to legitimize the redevelopment.

Bodies carrying out state housing supervision (housing inspection) conduct surveys of residents, with special attention checking the authenticity of signatures confirming the consent of neighbors to carry out redevelopment and reconstruction work in multi-apartment residential buildings. Cases of falsifying minutes of general meetings and forging signatures of residents are punished mercilessly...

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Why is neighbors' consent required for redevelopment?

Having contacted the relevant authorities, the neighbor got the owner of the air conditioner to install a double-glazed window that would protect him from unnecessary noise. However, if the owner of a private house had received his permission in advance to install an external unit, then the neighbor’s claims would have been unfounded.

For example, if the redevelopment does not affect common property, then the consent of neighbors is not required, but in some cities of the country, in order to legitimize certain types of work, confirmation of neighbors is required (moving the kitchen to another part of the apartment, installing a sewer pump, etc.).

Is the consent of the owners of part of the household required for gasification?

Gas / Gasification and gas supply House for two owners.

Each of the owners wants to arrange a separate gas connection.

Do you need to get your neighbor's consent? Questions of this kind often come from visitors to EnergoVOPROS.ru. We publish explanations from specialists from the State Unitary Enterprise MO Mosoblagaz on this matter.

A house for two owners, do you need to coordinate gasification of your half with your neighbor? Question: Please tell me, I want to submit documents for technological connection of a house, ½ of which belongs to me, and the other part belongs to a neighbor.

The house is divided into two non-communicating parts and has separate entrances. Each of us owns our own piece of land.

I want to organize a separate process connection from the central distribution, without using the neighbor's connection.

This is important to know: Definitions of the procedure for using an apartment in shared ownership

Consent of neighbors for an extension or redevelopment of an apartment

• in the form of a written statement, which is provided from each resident of the house. In this case, you will need to go to the neighbors, notify them about the planned redevelopment and ask for written consent. This option is suitable for houses with a small number of apartments;
• in the form of a notarized consent obtained during a meeting of residents. This option is relevant if it is necessary to obtain consent for reconstruction and reconstruction work.

Important! Having a permit for construction work in hand, you can simplify the procedure for legalizing the reconstruction or construction of a new structure on your own site. If the reconstruction is carried out in a privatized apartment that has several owners, then permission will be required from all owners.

Privileges

At the same time, in our country there are many citizens who are supported by the state, and they are provided with a large number of benefits, but they do not apply to gas supply. There are concessions only for gas payments. The federal government left the right of choice to local authorities to provide benefits to various categories of citizens.

• large families;
• home front workers;
• WWII participants and widows of those killed in WWII;
• disabled people of 1st and 2nd groups;
• minor prisoners of fascism;
• disabled people of the Second World War;
• citizens who were in besieged Leningrad

This is important to know: Buying an apartment in shared ownership

Structure and sample consent of neighbors for redevelopment

• partial staircase or entrance foyer;
• a balcony on the ground floor, when it is planned to be designed as an extension to the house;
• 2-3 apartments located nearby, in one room;
• attic, when an apartment located on the top floor turns into a two-level one (in this case, the consent of the owner of the house will also be required);
• arrangement of a new entrance with a porch;
• ventilation equipment that will be located on the outside of the house;
• other.

• If the redevelopment has already been done, then you will have to invite a specialist from the Housing Inspectorate, he will testify about the violations, after which the owner will be able to receive his registration certificate for the apartment from the BTI, but with red lines. You will also have to order a floor plan for the entire house.
• It will be necessary to order a project (sketch). If repair work has not yet been carried out, then this stage will be the first for the owner. Then the project will have to be coordinated with the Housing Inspectorate and receive from them a technical opinion on the list of works that can or cannot be carried out in this room.
• Based on the project, it will be possible to carry out a redevelopment, then invite an inspector from the Housing Inspectorate and receive a certificate of completion of the work.
• You will also have to separately call employees of such regulatory authorities as the Ministry of Emergency Situations, SES, Rospotrebnadzor, Energonadzor, etc., they are required to give a conclusion that the premises comply with fire safety, sanitary standards, etc.
• The final approval for redevelopment is issued by the interdepartmental commission (IMC). When she signs the permit, she can receive a new registration certificate from the BTI, and then enter information about the premises through the registration chamber into the database to obtain a new certificate of ownership.

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Redevelopment of non-residential premises: approval and how to legalize it in 2020

If the work is carried out to improve the premises without affecting the load-bearing supports, utilities and the general functional purpose of the premises is preserved, then there is no need to obtain permission from the supervisory authorities. The Town Planning Code speaks about this in Article 51, paragraph 4.4. In other cases, permission is required.

Redevelopment of non-residential premises without approval from the relevant authorities

Upon completion of the redevelopment work, a technical plan of the structure is drawn up and the cadastral registration authorities are notified. Corresponding changes are made to the information of the GKN (State Real Estate Cadastre), the owner is issued a new technical passport of the premises with the amendments made.

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The customer initially engaged our company to take measurements of the premises and clarify their areas in relation to the information registered in the Unified State Register of Real Estate. Specialists from our organization carried out measurements and prepared technical passports for the premises.

What redevelopment of non-residential premises is is not strictly defined by law - there is no corresponding regulatory act at the federal level, only some provisions of the Housing Code can be projected into this area. Redevelopment is a complex of works; according to the town planning code, such a concept is not disclosed. It is easier to understand the definition of redevelopment using the example of specific cases and types of real estate.

Cases of approval of redevelopments

The content of work to change the characteristics of a room or building may vary significantly. If the planned work involves changes to the load-bearing structures or facades of the facility, it is not the redevelopment that needs to be approved, but the reconstruction. In this case, a construction permit is issued, and the procedure for preparing documents will be significantly longer. The said permit is issued through the supervisory authorities.

• incomplete package of documents;
• inaccuracies and errors in design documentation;
• non-compliance of the planned work with the requirements of reconstruction;
• inadmissibility of performing certain works related to violations of construction and sanitary standards, etc.

Ownership implies certain powers. The owner uses and disposes of real estate at his own discretion. Owners are aware of these privileges, but some believe that from the moment they purchase and register a non-residential assignment, they can do whatever they want with it. This is a misconception. You can use the construction site, but any reconstruction work must be approved and officially documented.

Responsibility for unauthorized reconstruction

The goal of any reconstruction is to improve the condition and operational characteristics of the building. Owners organize work for personal purposes and at their own expense, but the process of implementing construction projects may affect the interests and rights of other citizens. In order to ensure the legality of the actions of the owners and the safety of others, the state controls this process. Today, all property owners, without exception, are required to obtain permission to reconstruct a non-residential building, and the document must be in hand before the start of the planned work.

We will tell you how to speed up the processing of permits and avoid problems with justice.

Such costs also lead to endless conflicts that end in litigation involving various types of government services, which, according to the law and the logic of things, must resolve such situations.

How to obtain and draw up consent from neighbors to build a house closer than three meters to the property line

• if a private residential building is being built, it must be located next to the border with the neighboring plot at a distance of more than three meters;
• when constructing any outbuilding, the distance between it and the neighboring site must be more than one meter;
• if a toilet or sauna, bathhouse or compost pit is being built, then they must be located at a distance of more than 8 meters from the neighboring territory.

Before directly drawing up this document, it is important to accurately determine the construction site , and it is also advisable to make a project. If new communications are laid to the bathhouse, then this should also be communicated to neighbors if this issue affects their areas.

Consent for reconstruction of a residential building from the owners sample

Russia (general) or if it is more convenient for you, use the online consultant form! All consultations with lawyers are free. First of all, we pay attention to the fundamental principles: the land for buildings must belong to you as a property, as a lifelong inheritable possession or perpetual use; buildings and auxiliary building structures can have residential and non-residential purposes; All legal regulations regarding your buildings must be observed. They are contained in several codes, laws and regulations. During individual construction, it will be necessary to focus on the Civil Code (from clause

We are talking about SNI. P (building codes and regulations). Compliance with these regulations directly depends on whether you need any permission or a receipt from persistent neighbors or not. Please note: before starting construction on an empty plot, first carry out zoning taking into account the location of your neighbors’ existing buildings, marking control boundaries with pegs. This simple advice will help avoid misunderstandings in the future. Consent requirements. If construction projects are erected unauthorized (construction without a building permit), as well as in violation of these standards, then their presence on the site may have to be proven in court.

Building permit from neighbors

In addition to obtaining a permit, the consent of neighbors may be required to build a house. The need for such approval is caused by the impossibility of fully complying with fire safety requirements, construction and sanitary standards. To draw up this document, it is recommended to use a sample permission from neighbors to build a house.

If the database does not contain information about the owner of the site, then you can legally publish an announcement in the local print media about the approval of construction, as well as the necessary boundary work. Be sure to indicate the time and place of the approval. If the owner of a neighboring plot does not appear at this event, this is equivalent to giving his consent to carry out construction work.

Consent for reconstruction of a residential building from the owners sample

If the apartment is owned, then no problems with redevelopment will arise with the consent of the neighbors. If the apartment does not belong to the residents, and they live in it on the basis of social rent. then the redevelopment procedure becomes more complicated.

The need for redevelopment of residential premises arises among owners and tenants quite often. These actions, by law, must be carried out with permission for redevelopment from the competent authorities, which are called upon to monitor the condition and safe operation of the housing stock.

Why is neighbors' consent required for redevelopment?

• glazing of balconies through which fire escapes pass;
• dismantling the fire escape from the balcony;
• installation of a heating radiator on the balcony;
• installation of heated floors with connection to common house communications;
• installation of a fireplace in panel houses;
• dismantling load-bearing walls or installing openings in them.

Obtaining consent for redevelopment in a communal apartment is required from all persons living in it, even if the repair work does not affect their interests. This is due to the fact that in communal apartments all neighbors are home owners, even if the shares have been demarcated.

Reconstruction of a private house: what documents are needed? Permission for reconstruction

To obtain permission and carry out reconstruction, you need to contact the BTI and obtain a copy of the cadastral plan, which must be submitted to the department of architecture and urban planning. Here you need to write an application to call an architect to draw up a professional project with a sketch of the future reconstruction. The project must be developed according to all technical requirements. rules or sanitary standards, necessarily taking into account the requirements from the fire inspectorate and some other departments.

Those who are going to change floors or move load-bearing walls, rearrange rooms or ventilation shafts, replace the water supply or sewerage system, etc., must obtain a permit. Any of the listed actions refers to the concept of reconstruction of a private house. An administrative fine is imposed for illegal work, and in addition, the owners are forced to restore everything to its previous form.

Sample consent from a neighbor for the reconstruction of a private house

Please note: measurements are taken from the base of the house, or, in its absence, from the wall. If the protrusion of the elements of the house (canopy of the building, parts of the upper floors, for example, a balcony) is more than half a meter, then measure from these protrusions. Permission is also required in the case of redevelopment of premises in an apartment building and transfer of residential premises to non-residential premises.

Such a decision can be made by the owners at a general meeting; the minutes of this meeting must be attached to the documents authorizing the reconstruction. Registration procedure Any change in residential premises begins with obtaining permits for redevelopment, reconstruction or reconstruction. The more complex the home renovation, the more approvals will be required.

What is the reconstruction of a private residential building: how to avoid refusal and obtain permission

Reconstruction is often compared to redevelopment or major renovation. But this is a mistaken opinion. 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.

After checking the documents, the Pension Fund of the Russian Federation transfers 50% of the subsidy amount to the account of the capital recipient within 2 months, and the remaining money is transferred no earlier than six months after receiving the first part. To do this, you must re-apply to the Pension Fund of the Russian Federation with an application and certificate of inspection of the reconstruction. This document is issued by the department of architecture and urban planning in the administration.

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PRO new building 7 (499) 450-27-46 (Moscow)

If there is no response within three months, but a notification is received that the letter was delivered personally to the addressee, you can safely submit documents for redevelopment: it will be considered that the neighbor has given his permission.

• When renovating common areas. For example, the owner decided to equip a vestibule. Since he is “borrowing” part of the common area, he will need to obtain the permission of all the inhabitants of the staircase.
• When changing the facade of a building. For example, when increasing the area of ​​the balcony or changing the location of the window, as well as when equipping a separate entrance to the apartment.
• When rebuilding the sauzla. For example, if the owner wants to swap the toilet and bathroom, or add a bathroom to the hallway. It should be taken into account that you cannot install bathrooms above living rooms, even if the neighbors do not mind.
• When combining an apartment and an attic space , that is, turning the apartment into a two-level one. The attic is a common area of ​​the house, so it is necessary to obtain the consent of all owners of the house, as well as the management company.

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