Many residents of the Russian Federation are thinking about expanding the horizons of their housing. This is due to the fact that living space is very expensive to purchase, so it is very important to create as much space as possible for yourself.
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Carrying out redevelopment of an apartment foreshadows the factor of serious intervention in the supporting structures and engineering systems related to them. These include:
- Preparation and performance of work that directly relates to openings in load-bearing walls.
- Expand, move, remodel or move anything in the kitchen room.
- The desire to change, compact the structure of the floor in the apartment, etc.
In order to find out whether it is possible to carry out this kind of construction work, the owner of the apartment should clarify the information whether he can carry it out in his own apartment, and whether he will receive permission for this.
It is only for such purposes that a “Conclusion on the technical condition of the building’s structure and the possibility of carrying out planned work in it” is being developed..
Responsibility for illegal redevelopment
Administrative legislation provides for liability in the form of penalties. It should be clarified that even when paying a fine, a civilian is not exempt from complying with the norms of legislative regulations, which include:
- the obligation of the owner or tenant to bring the residential building to its original condition and to do this within the appropriate objective time frame.
- to save the redevelopment work done, but legitimize it on the basis of a decision in the judiciary.
You can find out how much it costs to legalize redevelopment in an apartment in this article.
If we are talking about non-residential premises, then redevelopment should be carried out only legally. In court, you must consider the case that you lawfully made changes to the design of the object in order to preserve the fact of the construction work done.
On the one hand, municipal authorities or their authorized representative act, and on the other hand, the owner of the non-residential premises is invited to court.
In order to get a positive decision from the judicial authority that reviewed the documentation, you need to convey the fact that the workers did all the construction work absolutely correctly and only after that, you, as the owner, are ready to turn to the municipal authorities to finally go through the full process of registering changes in the facility real estate.
Here you can read about how to draw up a project for the redevelopment of non-residential premises.
Apartment redevelopment
Coordination of previously completed apartment redevelopment
How to legitimize BTI red lines
What to do if the redevelopment was done earlier? How much does it cost to legalize redevelopment in an apartment?
It is possible to legalize the redevelopment of an apartment after reconstruction work has been carried out, when the redevelopment has already been done without the permission of the Moscow Housing Inspectorate or a BTI plan with red lines. Such redevelopment can be legitimized as previously completed, namely, by signing an act of completed reconstruction and (or) redevelopment of the premises for previously completed work without a decision on the approval of the redevelopment and redevelopment of the premises in an apartment building and residential building.
To do this, you will need to call a BTI technician to conduct an inspection of the apartment and obtain a technical passport indicating the redevelopment of the apartment on the floor plan. Prepare a technical report on the admissibility and safety of apartment redevelopment work. To develop a technical report, you will need to provide inspection reports for hidden work, or during the inspection, a specialist will have to perform a selective opening of the floors to confirm the completion of this type of work (waterproofing or soundproofing of the floor).
After submitting documents to the Moscow Housing Inspectorate, the inspector inspects the apartment, draws up a protocol on the administrative violation, indicating all the redevelopment work carried out in the apartment, then issues a fine in the amount of 2000 to 2500 rubles.
Next, the Moscow Housing Inspectorate reviews your package of documents and makes a decision to approve the previously completed redevelopment or to refuse approval, indicating the reasons and recommendations for their further elimination.
If you have made a redevelopment with the construction of an opening in the load-bearing wall of a panel, monolithic or brick house, in order to prepare a technical report, it is necessary to provide an engineer with access to the rooms above and below in the area of the completed opening. It will also be necessary to perform an opening at the place where the opening was strengthened to examine the components of the metal structures and determine the quality of the work performed to cut through and strengthen the opening.
If the design documentation is poorly or incorrectly completed, or if there are inaccuracies, errors or discrepancies in the documents prepared for approval of the redevelopment of the apartment, you will be denied approval for the redevelopment and reconstruction of your apartment. The inspection will make a decision on refusal, which will indicate the reason for the refusal and after correcting all the comments, you will be asked to re-submit documents for approval of the redevelopment and re-go through all the procedures, including the inspector coming out to re-inspect the apartment.
In order to legalize the redevelopment of an apartment in Moscow without delay, we recommend contacting specialists who have experience in resolving such issues, who will prepare the necessary package of documents and, without delay, having the necessary contacts, will receive the result you need, namely, a decision to approve the redevelopment.
If you independently submitted documents to the Moscow Housing Inspectorate and received a refusal to approve the reconstruction and redevelopment, or a refusal to sign the act of completed reconstruction and redevelopment, please contact us, our specialists will advise you, and we can also take on the work of eliminating all shortcomings and help you get a positive result .
What documents are needed to go to court?
The claim can be prepared by contacting an attorney or lawyer. If you know how to draw up such claims yourself, then you can download a sample from online resources.
You can file a claim when you have collected all the documentation, which includes:
- technical report for redevelopment when the work is completely done.
- you have in your hands conclusions from sanitary services, fire inspectors, gas services and other organizations of this kind;
- original information about the persons who live in the building (premises) and their consent in writing that they allow you to reconstruct the housing;
- project documentation required by the court.
If the court of first instance rejects your claim (based on Article 27 of the LC), then you should not lose hope. You can still appeal his decision on appeal.
You must submit a positive decision to the Unified State Register authorities so that they can make adjustments to the characteristics of the building.
Composition of the technical report for redevelopment
- Title page with all seals and signatures of persons.
- containing reliable information at the time and timing of the work performed.
- A general explanatory note, which sets out the objectives of the survey, adds all the main characteristics and records (provides) the design features of the object.
- Sheets (issued legally), which indicate a list of the results of the survey (information about the design features, what defects or deformations there are - where they are located, general condition - load-bearing walls, structures with their regulatory justification and diagrams).
- Calculated information about the load-bearing properties of all joints, floors, slabs, beams, purlins and the strength of concrete structures and bases of walls and panels.
- General conclusions that should be made on the basis of visual inspections by engineers, with all measurements and calculations.
- Plans, diagrams and explications of buildings at the current moment (such documents must be kept by the BTI authorities, you have the authority to make photocopies of them).
- Results of measurement plans indicating not only load-bearing structures, but also ventilation ducts, partitions, engineering equipment, places where measurements were taken by working specialists, and so on.
- Final documentation with all the conclusions that in a particular object it is completely possible to allow access to such work as reconstruction and redevelopment.
An example of a technical report for redevelopment:
Title page of the technical report for redevelopment.
Sample technical report for apartment redevelopment.
Independent approval of redevelopment (Infographics)
NEWS ABOUT THE TRANSFER OF PUBLIC SERVICES TO ELECTRONIC FORM!
From August 21, 2020, approval of the reconstruction and (or) redevelopment of residential and non-residential premises in apartment buildings, as well as the execution of an act of completed reconstruction, is possible only in electronic form through the MOS.RU PORTAL
Below is an infographic on how to independently approve redevelopment before transferring this service to electronic form.
Text that was used.
Independent approval of redevelopment in Moscow.
- Has the redevelopment been done or is it planned?
*Two exits are planned and made.
The branch is planned:
- Find the BTI technical passport for the apartment. It will be needed for approval by the Moscow Housing Inspectorate.
A) There is NO BTI passport - you must order it at the territorial branch of the BTI or MFC. If there has been no inspection of the apartment for more than 5 years, then a technician will come to you to inspect the apartment. If you have a new building and the house is not registered with the BTI, then you need to contact the developer to receive a project, and along with this project, contact the BTI for an initial inventory.
B) BTI Passport Yes - *leads to point 3.
- Draw a sketch of the project, planned redevelopment. Scan or photograph and send along with the BTI plan and explication by mail, in response you will receive a commercial proposal to coordinate your redevelopment with all deadlines and stages. One of the items will be the development of project documentation; it usually takes a week to develop and costs an average of 20,000 rubles. If you violate any points of the law or SNIP, they will tell you about it and offer options on how to change the project so that it becomes “passable”. Unfortunately, you cannot make a project yourself, since you need to be a member of an SRO and have permission to carry out design work.
- Get the project documentation in hand. It will consist of a redevelopment project and a Technical report on the condition of the load-bearing structures.
- Submit documents to the Moscow Housing Inspectorate (through the MFC) to receive an Order from the Moscow Housing Inspectorate. You will need an extract from the Unified State Register of Real Estate, a technical passport of the BTI, a redevelopment project, a technical conclusion, the consent of all owners and an application.
- Receive the MZHI Order. It usually takes 30-45 days.
- Renovate your apartment. You have 1 year for this! The order can be extended, but not more than once!!!
- Notify the MZhI about the completed redevelopment/reconstruction, you will be given a date for the MZhI inspector to come out.
- Prepare documents, the construction organization must have an SRO, sign acts for hidden work if they were carried out, sign documents of designer supervision and a work log.
- If you have no deviations from the project, the inspector signs the Certificate of Completed Reconstruction.
- Wait 5-7 days until the BTI finds out through interdepartmental document flow that your redevelopment has been approved.
- Order a new BTI technician exit, receive a new BTI passport in black lines.
Congratulations! Your redevelopment has been officially approved. If necessary, order Tech. BTI plan and make changes to the Unified State Register.
The redevelopment branch has already been done:
2) Consult by phone 8-495-646-20-80, your redevelopment may not be approved. This happens quite often. If it cannot be agreed upon, then we will not tell anyone. It is worth taking care of this issue when selling an apartment or receiving complaints from neighbors or the management company.
3) If your redevelopment does not violate 508-PP and SNIP, then order a new BTI passport in the red lines.
3) For approval by the Moscow Housing Inspectorate, you will need a Technical Conclusion on the safety and admissibility of the redevelopment performed (usually it takes a week to develop and costs approximately 25,000 rubles). Most likely, to estimate the cost of the technical report, you will be asked to send a BTI plan in red lines, an explication, a BTI plan before redevelopment.
4) Receive the Technical Conclusion in your hands, contact the Ministry of Housing and Infrastructure (through the MFC) for commission acceptance and signing of the Certificate of Completed Redevelopment.
5) Receive an order, pay a fine for illegal redevelopment, 1500-2500 rubles.
6) An MZHI inspector will come out to you and conduct an inspection of the apartment. And he will check it for compliance with the project (point 10 on the diagram).
