Sample dated December 1, 1995. Statement of claim for the reconstruction and redevelopment of residential and utility premises, 2020, 2020 - Statements of claim, complaints, petitions, claims

Current legislation imposes on any person who intends to carry out major repairs the obligation to coordinate this procedure with government agencies.

In this case, the main document on the basis of which the procedure for approving major repairs with the relevant services will be carried out is an application from the owner of the specified premises.

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That is why it is important to know what a sample application for redevelopment of a residential premises looks like and what information this paper should include.

Definition of concepts

It often happens that the owners of a particular property are dissatisfied with the existing layout in their apartment, and this especially applies to all kinds of Stalinist or Khrushchev-era buildings, the builders of which gave minimal thought to the fashion and convenience of the premises being created. Now, the owners of such apartments have to independently redevelop the premises to suit their own requirements, but at the same time they need to correctly understand that some changes need to be legalized in the proper manner.

In some situations, citizens simply confuse concepts, since there is not only the concept of redevelopment, which involves making certain adjustments to the structure itself, but also the concept of reconstruction, which implies making only partial changes.

In this case, we should start with the fact that the owners have the right to carry out repairs on their own, that is, not to adhere to any specific rules, but if the matter affects any communications or supporting structures, this will already affect not only the interests of the said owner, but also and other citizens living on the territory of the said building.

Thus, the owner has every right to carry out cosmetic repairs in his apartment, change the installed engineering equipment with similar characteristics, and not obtain permission to carry out such repairs, but if it is necessary to make any large-scale changes, they will already need to be made must be registered, and also, if necessary, make appropriate adjustments to the technical passport for housing.

Normative base

The issue of redevelopment is currently regulated by articles 25 and 26 of the Housing Code, and additionally, articles 7.21 and 7.22 of the Code of Administrative Offenses also regulate the degree of responsibility that will be imposed on citizens who violate current legislation and carry out illegal redevelopment.

In particular, here you can learn about the main subtleties of redevelopment design, the cost of all procedures, as well as the established algorithm of actions. At the same time, the Code of Administrative Offenses indicates what penalties can be obtained in the event of unauthorized redevelopment.
Article 25. Types of reconstruction and redevelopment of residential premises
Article 26. Grounds for reconstruction and (or) redevelopment of residential premises
Article 7.21. Violation of the rules for the use of residential premises
Article 7.22. Violation of rules for the maintenance and repair of residential buildings and (or) residential premises

Contents and sample application for redevelopment of residential premises

A correctly drawn up application for redevelopment must necessarily include the following list of information:

full name of the government body to which this application is sent;
residential address, full name, and passport details of the applicant;
full address of the property where the redevelopment will take place;
information about the document on the basis of which the applicant has the right to dispose of the specified property;
the time frame within which the applicant intends to complete all repair work;
the total duration of the working day, indicating the days of the week when repair work will be carried out;
consent of every adult citizen who, together with the applicant, officially resides in the specified territory;
list of documents that will be submitted along with the application.

Redevelopment of the building involves the replacement of utility networks, sanitary equipment and electrical equipment. Read more about the deadlines for approving the redevelopment of an apartment at the Moscow Housing Inspectorate.

Sample application for redevelopment of residential premises:

Where to submit the document

All documentation along with the application must be submitted to the housing inspection department of the locality in which the applicant’s housing is located. It is worth noting the fact that you can either personally contact the specified authority, providing all the necessary papers, or submit an official appeal through the multifunctional center, depending on which option is more convenient for the citizen.

When contacting the multifunctional center, the operator will be required to certify the citizen’s signature, as well as all the information contained in a particular document.

Review period

An application for redevelopment or reconstruction of residential premises must be certified by authorized employees of the multifunctional center or housing inspection, who accept them along with the rest of the package of documents. In this case, the applicant must receive a receipt confirming receipt of the application, as well as all other necessary documents.

The timing of consideration of the application in this case will directly depend on the characteristics of the project under consideration. Redevelopments that are carried out according to standard projects proposed by the housing inspectorate, as well as projects in accordance with which adaptations are made for various monument houses, must be reviewed within 35 days, while verification of an individual project is carried out within 20 days.

Can they refuse admission?

In accordance with the current Decree of the Moscow Government No. 508, in certain situations, an applicant may be refused to accept an application, and such a refusal is provided not only orally, but also in writing, indicating the appropriate justification. It is worth noting the fact that in fact there may be several grounds for refusal, and first of all, this concerns the incorrect execution of the application or any other documents.

For example, the development of design documentation should be carried out by a specialized organization that has the appropriate approval of a self-regulatory organization, as well as the design institute that originally developed the building itself. No designer has the right to carry out appropriate engineering calculations, and even draw up papers that require compliance with SNiPs, GOSTs and other standards.

A redevelopment project that does not take into account the key features of a particular apartment, such as the presence of load-bearing walls or the presence of communications, will ultimately simply not be accepted by the housing inspection staff or, at a minimum, will be returned for revision.

In addition, if a person forgot to attach any standard documents or the information indicated in different papers contradicts each other, this can also serve as a reason for refusal of approval.

Statement of claim for apartment redevelopment

Sample form

An application for redevelopment of an apartment is an official appeal from its owner to the head of the authorized bodies for permission to carry out work to renovate his home.

To justify his right to dispose of real estate and the safety of work, the applicant must create a package of documentation as an appendix to the application:

title documentation for the apartment;
technical passport for housing;
redevelopment project drawn up by the design organization in compliance with all regulatory requirements;
consent of all those registered in the applicant’s apartment to carry out redevelopment work;
a certificate stating that the residential property is not a historical or cultural monument.

A sample application can be obtained from the county housing office or multi-use center.

Sample application

The document must contain the following mandatory sections:

“Hat”, indicating information about the applicant and recipient.
The name of the document is about the redevelopment of residential premises.
The main part is a description of the characteristics of the property and its location.
Request for permission to carry out redevelopment work.
Information about the planned period of construction activities.
Data on the consent of all family members about the event
Obligations to comply with the requirements of project documentation.
Application
Signature and date.

It is possible to carry out redevelopment in a new building before receiving ownership if the developer provides the necessary documents.

Is it possible to redevelop a Harni house with a tiled roof? We’ll tell you here.

How to fill out

Before completing the application, it is necessary to obtain the opinions of specialists - designers and architects that the redevelopment:

did not affect the strength of the house and its design features;
does not threaten the destruction of load-bearing elements and the fundamental structure;
does not interfere with the functioning of the centralized heating system;
does not threaten the safety of residents of an apartment building.

Depending on the place of filing the application and the accompanying circumstances, a distinction is made between standard and claim versions of the document.

A standard application is usually submitted by homeowners before carrying out redevelopment activities.

A claim for redevelopment of an apartment is filed with the courts by the owner of the apartment if it is necessary to carry out legal actions with it, or by residents of an apartment building who suspect the adverse consequences of repairs in a neighbor’s apartment.

Filing a lawsuit

Resolving the issue of legitimizing reconstructive changes already made to the structure of real estate after their completion is possible only in court. In such a situation, the statement will be classified as a claim.

It is worth noting that judicial proceedings can be initiated by neighbors who believe that new changes have negative consequences on the design of an apartment building, which may be dangerous to their life and health.

The court may decide that the work carried out to change the structural features of the building can be legalized and reflected in the redevelopment project and the technical passport for the property in situations if:

there is no overlap of utility networks;
the housing is suitable for living;
ventilation of the premises does not deteriorate;
sanitary and fire safety requirements are met;
the structure of the building and its load-bearing capacity are not compromised.

If a violation of the requirements for the safe operation of a home is detected, its reconstruction cannot be formalized. As a result of this event, the court will initiate the assessment of penalties and issue an order to restore the housing to its original condition.

If the technical passport for the apartment does not contain any structures or their elements are not indicated, but the dwelling has them, you can carry out installation and dismantling work on them without obtaining special permits

Legalization of housing reconstruction through the court

If the owner does not intend to comply with the requirements of the authorized bodies to return his property to its original condition, he has the right to legalize the repairs carried out in court. If the changes made did not in any way affect the interests of the remaining residents of the apartment building or did not affect its strength, unauthorized repairs may ultimately be legalized.

To legitimize the redevelopment, its owners must take several actions:

Collect a complete package of documents that will need to be submitted along with the application to the Technical Inventory Bureau in order to receive a new technical passport for the apartment.
Pay the state fee in the amount established by authorized representatives of the BTI.
Provide a BTI employee with access to the redeveloped property so that he can take appropriate measurements and also draw up a report of violations.
Obtain a report on the technical condition of the property, as well as its compliance with established standards, from various control authorities.
Pick up a new cadastral passport for the redesigned housing from the BTI.
Order a redevelopment project from a specialized company.
Order a certificate through the architectural department confirming the compliance of the renovated housing with technical conditions and operating standards.

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