Regulations of actions in the process of registration of redevelopment
In the event that the reconstruction has already been completed, it is necessary to contact the court with a complete package of documentation, asking the judge to leave the living space in its redesigned form.
And yet, if the property owner is at the planning stage of repair work, first of all he must perform the following actions:
| Develop a project | and also appropriately coordinate it with the authorized structure |
| Get approval | for repairs, construction work, and reconstruction |
| Get the new edition | cadastral, technical passport |
| Design | a new extract from the Unified State Register of Real Estate through the MFC |
Which structures to contact?
In the event that the reconstruction does not affect the load-bearing structure, the property owner has the right to complete the sketch on his own.
In other situations, it is worth contacting a specialized organization - a member of the SRO of designers.
Stages of approval
The tenant or apartment owner must:
| Visit the housing inspector | at the location of the apartment, the structure’s employees will advise in detail on all aspects of future reconstruction |
| Issue an order from the housing inspectorate for the implementation of construction | In order to obtain a permit, you must present basic documents for real estate, namely:
The above package of documentation must be submitted to the MFC at the place of registration of the residential premises. In addition, you will have to fill out a statement. After thirty calendar days, the owner receives a refusal or an order. The certificate is valid for one year |
| Issuance of a certificate of completion of construction work by the housing inspectorate | For this purpose, it is necessary to submit a corresponding application to the MFC. Then:
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| Sign the act at the housing inspection | and also include all agreed upon adjustments in the registration certificate for the real estate |
Illegal redevelopment
Making some changes entails a potential danger for residents not only of an individual apartment, but also for the entire residential building. Any attempts to worsen the operational capabilities of the building will be stopped at any stage of unauthorized or planned redevelopment. In particular, it is prohibited:
- Expanding the bathroom area at the expense of the living room.
- Expanding window and door openings to combine the balcony and room.
- Demolition of an opening in a load-bearing wall without taking into account building regulations and appropriate structural reinforcement.
- Changing air conditioning units (reduction in size or complete elimination).
- Installation of office premises with high humidity above the living rooms of neighbors.
- Consolidation of adjacent apartments by dismantling ceilings (including partial).
- Conversion of a residential area into a non-residential area.
- Installation of devices that regulate or turn off general utilities if their installation impairs the supply of heat and water to neighbors.
- Transferring part of the apartment’s heating to the balcony, changing the temperature balance in the general heating network of the house.
- Installation of heated floors using water from centralized heating and hot water supply.
- Adjustments that provoke a decrease in the stability of the building.
- Amendments that do not comply with fire and sanitary safety standards.
- Equipment of niches and demolition of columns, pylon walls and diaphragm walls.
- Construction of an additional loggia, terrace, balcony, veranda.
- All renovations affecting common areas (basement, attic, wheelchair room).
- Redevelopment of a building recognized as unsafe.
- Reconstruction involving changes to the façade of a building (for example, skylights).
- Arrangement of an arched opening in a gasified apartment (agreed upon changes that preserve the door are allowed).
You can learn more about the rules and prohibitions when reconstructing housing from the video
What documents are needed to redevelop an apartment?
Project development
The right to develop the project belongs to specialists from specialized companies who have a valid SRO permit.
It is allowed to independently develop a plan for renovating an apartment, and yet the likelihood that this document will be approved by housing inspection experts is extremely minimal.
The bottom line is that an ordinary citizen is not aware of all the regulations of the current law, in addition, he does not know about all the intricacies of designing redevelopment projects.
And even if he is a specialist in the field under analysis, even if he has the appropriate diploma, he is still not a member of the SRO.
Whereas this is a key condition for the approval of a housing reconstruction project.
You are allowed to prepare a sketch on your own, if the changes do not affect load-bearing structures, and also if the area of the apartment remains the same.
In particular, if the owner intends to move the plumbing equipment located in the bathroom.
Such alterations will not in any way affect the supporting structures of the apartment, nor will they change its area. Project documents have a specific structure.
So, the redevelopment plan consists of the following sections:
| Title page | as well as the contents of the redevelopment project. This part indicates the numbering of the pages of the document, which are assigned to the corresponding section. |
| Project chapter mark | in this section, the authorized person puts a mark that certifies that all planned reconstructions clearly comply with the standards of current legislation in the field of project development. In addition, the company seal and the signature of an authorized person are affixed |
| Explanatory note | This section names the basic technical parameters of the living space that will be rebuilt |
| Valid SRO permit | for the implementation of design work (copy) |
| Facility layout plan | in the municipal formation, photo confirmation |
| Graphic section of the project | the most voluminous section. It shows all the planned changes in the apartment, the existing layout |
Drawing up an application
In order to legitimize the redevelopment plan, you need to correctly fill out the application by submitting it to the housing inspectorate at the location of the real estate property.
The corresponding form is provided by the MFC employee. It is filled out in accordance with the proposed template, which will be provided by the “one-stop shop” employee.
Redevelopment approval by the court, read here.
In this case, the owner must note:
| Full information about the applicant | namely:
|
| In the event that the application is drawn up by a representative of a citizen | In addition to such data, it is necessary to register the details of the power of attorney |
| Owner's name | apartment address |
| Owner's petition | allow him to carry out reconstruction in the specified living space |
| A document according to which planned repairs | construction work will be carried out: a standard plan or a project drawn up by a specialist |
| Are there any other property owners or other tenants under a social tenancy agreement? | you need to note the date of receipt of written consent from them, as well as the package of attached documentation |
Grounds for refusal
The most common reason is the non-compliance of the developed project with current legislative standards.
And yet there are other reasons. In particular, if the applicant has not submitted all documents or if the information provided does not correspond to reality.
In order to protect yourself from receiving a refusal due to the inconsistency of the developed project, you must order it from an organization that has SRO permission to implement redevelopment. Overall, this is a 100% guarantee of plan approval.
In addition, another way is to contact a company that provides intermediary services at the stage of legalizing projects.
The housing inspection provides a refusal in writing, indicating the reason. In the event that the plaintiff, despite this, intends to carry out reconstruction in his apartment, he undertakes to fulfill every point noted in the refusal.
Legalization
The owner or tenant of the living space has the right to apply to the court to approve the project and sanction the reconstruction. The application must be submitted to the district judicial authority at the location of the housing.
Such a document must indicate the following information:
| About the defendant | applicant |
| In court proceedings | Third parties may also take part; in such a situation, information about them must be recorded |
| Property information | namely:
|
| The applicant’s petition to the judicial authority to legitimize the restructuring project and further implementation of the work | this part lists the reasons according to which the housing inspection did not authorize the implementation of the changes. The reasons are noted in the same way as they are stated in the official refusal. |
| List of documents | which are attached to the application, certifying the information described by the applicant |
| Issue date | as well as the signature of the plaintiff |
List of required documents
The application must be accompanied by:
- A document (copy) that certifies that the applicant is either the owner of the apartment or its tenant
- A receipt certifying that the applicant has paid the state fee
- A simple application (copy), not notarized - the applicant informs each participant in the process accordingly
- Current documentation from the BTI, refusal by housing inspectors
- A plan according to which the intended changes will be carried out
- In the event that redevelopment is carried out in a residential area, it is necessary to present a document with information about each person registered in the apartment.
Legalization after reconstruction
In the event that the restructuring has already been carried out after the fact, despite this, it still needs to be authorized, since, subject to privatization by the employer or alienation of property rights from the owner, it will be possible to receive documentation from the BTI that will not correspond in fact.
Reconstructions that have already been implemented can only be sanctioned through legal proceedings.
For this purpose, it is necessary to develop a project, but only after the redevelopment has been completed.
It will be necessary to conduct an independent examination after the fact of the completed work, finding out whether the reconstruction done causes damage to the entire apartment or other residents of the house.
In addition, it is necessary to invite representatives from the following structures:
— Sanitary and Epidemiological Station
— State Fire Supervision
— Rospotrebnadzor
Each specialist from the above-mentioned bodies undertakes to issue an opinion confirming that the repair work carried out after the fact fully complies with all current legislative standards.
For the procedure for approving premises in a residential building, read the article: approving redevelopment.
Video: Redevelopment of an apartment - how to properly draw up documents?:
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Carrying out construction work
When carrying out repair work after all stages of approval, remember that you must not violate the rights of your neighbors. Noisy work cannot be carried out in the evening or at night. For residents of Moscow, these periods are determined by Moscow City Law No. 42 dated July 12, 2002. In case of violation of sound insulation or other damage caused during the redevelopment process, the owner is directly responsible to the victims. You should not ignore verbal or written requests from neighbors to voluntarily eliminate errors during construction. The owners of the affected apartments have the right to go to court to protect their violated rights and oblige you to carry out additional work to eliminate the consequences. If a decision is made in favor of your neighbors, you will be charged legal costs.
When arranging your own home for a more comfortable stay, monitor the progress of work and do not forget about the rights of your neighbors.
