Blocked development houses are

System of blocked buildings: what is this concept?

Blocked development houses are a hybrid building system that externally resembles a complex of single-apartment houses, and internally resembles an apartment building in which apartments are combined with each other.

Having derived a precise definition, it is possible to clarify what a complex of interlocked residential buildings is. Blocked development houses are a type of residential building in the form of an apartment building, where each apartment has its own exit to the street. This is the main difference between the house and country cottages or small mansions. Such block buildings, like any other houses, have both advantages and disadvantages.

Recognition of a house as an object of blocked development

Recognition of the house as an object of blocked development at the official level will allow the owners of the blocks to obtain ownership of the territory adjacent to the house and under it. In the process of identifying a land plot for this type of development, it is provided that future buyers of the block will be able to register the property as their right of ownership along with the specified territories. Two-apartment houses built during the Soviet Union and before the adoption of the Urban Planning Code have certain problems with the procedure for recognizing them as blocked development objects. This issue does not concern modern buildings, because everything is taken into account in the permitting design documentation.

An effective method for distinguishing between the two definitions of houses of the same type was found by analyzing legal precedents in which different methods were used. According to this, the section of a house in a blocked development is characterized by the following points:

1. There is equipment for servicing two independent sections, located outside the residential block.
2. In-house utility systems are separate for each section.

Thus, a house can be recognized as a blocked building if the number of floors does not exceed three, one section is intended for one family and does not have elements common to the entire house (kitchen, bathroom, corridor, landing).

By a court, BTI body or local government body, such a building will be considered and recognized as an independent structure, the number of which can be entered in the cadastral register.

Features of blocked houses

Blocked development houses are buildings made of separate cell blocks, which are the apartments themselves. The number of floors in such buildings most often does not exceed 3 floors.

Each of the houses has its own technical and design features:

• in such apartments there is at least one adjacent wall;
• there are no common entrances, attics, communication shafts and utility networks;
• the ventilation, heating and communication systems are absolutely individual for each apartment;
• Each individual apartment has its own unobstructed access to the street.

How to obtain a building permit

General construction rules indicate that the construction of a blocked development project on separate land plots will be illegal. If several owners of neighboring territories have agreed to create such a house, then they must first combine all the sites into one. The algorithm of actions to obtain permission should be as follows:

1. Drawing up a boundary plan for the combined site as a result of land cadastral work. The cadastral service engineer independently sends the document to the cadastral chamber.
2. Prepare documentation for the territory where construction work will be carried out. To do this you need:
   Prepare an urban development plan that will reflect the intended use of each site.
3. Obtain permission to erect a block structure.
4. The initial plot of land is conditionally divided for each of the houses, and a land survey plan is drawn up. After registering the house with the cadastral register, the owners of the blocks will receive the right only to the section.
5. Permission is obtained to put the house of the blocked development into operation.
6. Each separate block is registered in the cadastral register together with a land plot proportional to the area of ​​the individual part. The owner of the apartment will be able to obtain data from the Unified State Register of Real Estate by sending a corresponding request.

Blocked residential buildings: pros and cons

By choosing a block-type house as your home, you get the following advantages:

• Economy. By planning or building such a house, you will significantly save on construction and be able to minimize the building area. Buying such a house will cost several times less. By choosing such a home, you get a small but fully functional home, where every square meter is put to good use.
• The system of blocked houses is an excellent option for creating a complete architectural ensemble.
• You will be able to save on utilities (one riser is provided for two apartments).

Whatever advantages an apartment building with a blocked building may have, there are still disadvantages. Limited space is the main disadvantage of this type of house. Based on this, there will be many problems with organizing a place to park your car, a corner for storing garbage and a plot for a garden: you will have to deny yourself this. Therefore, if you have a car, think about where you will park it.

When planning to buy a house with a blocked development, weigh the pros and cons and only after that make your final decision.

Status of houses in blocked development

By mistake, each of the independent parts of a blocked house is taken as an individual unit and is registered in the cadastral register in this order.

The owner and civil servant makes a big mistake by registering a house in a blocked development in this manner. The Housing Code (Article 49) states: “Buildings of a blocked type, consisting of several separate parts, are accepted as a single whole.” Therefore, the entire structure of a block house is considered intact.

The concept of a house in a blocked building does not apply to houses consisting of one section of a blocked building. In this case, the part of the definition stipulating the presence of several block sections is not observed, and the building takes on the status of a separate private residential building.

Houses of blocked development are dwellings that cannot be passed on by inheritance in their entirety. The heir, in a certain order, receives the right of ownership of a separate section of the block structure. This property transfer scheme does not violate the property rights and possession of neighbors living in the same block.

On many forums you can see the opinion that a residential building with a blocked development is nothing more than a type of apartment building. This opinion turns out to be wrong, and here’s why.

An apartment building and a house of the type in question are not identical, although they have a number of similar features. The regulatory documents indicate that multi-apartment premises are considered to be residential premises consisting of two or more apartments that have a common access to the site or a place of common use.

Blocked development

Advice from lawyers:

1. I changed the status of an apartment to a residential building in a blocked building through the court. Can neighbors appeal? Decisions on my part only.

1.1. Hello Gore! Neighbors can, of course, appeal the court’s decision, but if they were involved as third parties in your judicial proceedings, then they must do this within the time limits established by law, within 1 month from the date the court decision was issued in full.

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1.2. Formulate your question more specifically so that lawyers can answer it competently.

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1.3. Dear Gor, Simferopol! According to SNiP 2.08.01-89* “RESIDENTIAL BUILDINGS”: A blocked residential building is an apartment-type building consisting of two or more apartments, each of which has direct access to the apartment plot. An apartment plot is a plot of land adjacent to a house (apartment) with direct access to it. According to paragraphs. 2 p. 2 art. 49 of the Town Planning Code of the Russian Federation, residential buildings of blocked development include: - residential buildings with no more than three floors; - consisting of several blocks, the number of which does not exceed ten and - each of which is intended for residence of one family; - has a common wall (common walls) without openings with the adjacent block or adjacent blocks; - located on a separate plot of land and has access to public territory. At the same time, Interested parties, incl. neighbors have the right to challenge this court decision. Good luck to you Vladimir Nikolaevich Ufa 08/08/2019

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2. If the house was previously in shares, then one owner registered it as an isolated part of a residential building in 2005, and the other now has 2/3 shares and was going to register it, but can only do so as part of a house in a blocked building. What documents should the first one redo so that the second one can complete them?

2.1. There is no need to redo anything. You need to go to court with a claim for the allocation of your shares of the residential building. The neighbor will be liable. In the claim, indicate that the co-owner allocated his part of the house in 2005, and now I also want to allocate my part. Nowadays, not parts of a house are put on cadastral registration, like a separate building.

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2.2. It is necessary to apply to the court for a real division of home ownership. If technically possible, after an examination, the court will determine whether a real division is possible. As part of the consideration of the case, the court will request all necessary documents.

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2.3. If everything really is as you described, then these are some kind of miracles. Until I see the documents, I will never believe this. Because when one of the two owners allocates a share in kind, then at the same time the second owner also has an isolated premises, and all shares cease to exist. I recommend that you first show the documents to a lawyer to check how things really stand. And then ask questions. It’s too early to consult now before finding out.

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3. Did a third party have the right to file an appeal to the regional court during my proceedings with the administration regarding a change in the status of the house... The subject of the dispute was the recognition of an apartment building as a blocked building, and the 3rd party is the owner of an apartment in an apartment building - a house with two apartments .

3.1. Yes, he has the right if he is a party to the case and took part in the previous instance. Good luck to you.

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3.2. If the rights and obligations of a third party are affected, he has the right.

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3.3. Hello. Yes, a third party has the right to appeal to the court if he is a participant in the case, in accordance with Articles 42, 43, 320 of the Code of Civil Procedure of the Russian Federation. Thank you for your message.

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4. I own an apartment in a blockaded building, no one is registered or living in it, do I have to pay for garbage removal? The house is under direct management and in the Arkhangelsk region. There is no regional operator yet.

4.1. Good afternoon, dear visitor! In this case, of course, they should - the fee for solid waste removal is included in the maintenance of housing. All the best, I wish you good luck in resolving your issue!

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4.2. Good day to you. In this case, they certainly have to pay for the removal of solid waste. All the best, I wish you good luck in resolving your issue.

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4.3. Good afternoon In this case, garbage removal is included in utility bills, so, unfortunately, you cannot refuse this service. Good luck in resolving your issue.

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5. In Ukraine (Crimea), I owned 1/2 of the house, and was assigned a separate number 29 a, and the whole house is considered under a single number 29-29 a. Now, under the Russian Federation, my neighbors and I are asking to change the “apartment” to a “blocked residential building.” Tell me, does the administration of a rural settlement have the right to change the status of a residential building or do we need to go to court?

5.1. Good afternoon You need to contact the administration for clarification, it is better to do this in writing, in order to receive a written answer, you can through their website or by registered mail. There is no established application form. It is written in free form, outlining and explaining the circumstances of the case. From whom, your address and telephone number, to whom (full name or name of organization, position), what, where, when, what you are asking for or what you want to know... Date, signature.

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5.2. “Residential building of blocked development” - some kind of unknown status, where did you get it from. Judging by the question, you have a house-building project consisting of two dedicated residential premises with separate addresses numbered 20 09:29 a. – This is correct and it is not clear what goal you are pursuing and why this is needed... State the question more clearly and understandably.

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5.3. Hello! In this case, you need to contact the Administration regarding this circumstance so that they can give you an explanation.

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6. I live in a two-apartment house in a blocked building. I planned to make an extension to the house by making walls using a frame method on the foundation. At the same time, I do not affect the elements of the existing house, i.e. I don’t change their location, i.e. I'll just add it. The neighbors agree. Do you need a project for this?

6.1. The extension increases the area of ​​the house, therefore it is a reconstruction. Reconstruction must be approved (notify the administration).

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6.2. Hello Alexey! It is not very clear what kind of extension you are planning. Of course, not every extension needs to be legalized. We are talking only about capital construction projects. Extensions to the house can be auxiliary and do not require additional land. These are: verandas; balconies; terraces; other similar structures. There are no registration problems with non-permanent extensions, since the registration process boils down to making changes to the house plan and technical passport. For such objects it is not necessary to obtain a building permit. It is enough to contact the BTI and issue a new technical passport. When additional space is required for the construction of an extension and the premises are intended for living/increasing living space, then such a structure is considered capital. To legitimize it, you will need to change the original design of the house, agree on changes, obtain a building permit, and accept the finished extension by a special commission. Best wishes!

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7. According to the settlement agreement, a court order was issued on the division of the residential building in kind, indicating the premises. When registering, a justified refusal was received. Part of the house and premises are not registered. How to go to court to change the court order so that the residential building is transferred to a blocked development and allocated a block to each person. Block 1 and block 2, for example. At the same time, we take into account that the land is already registered. land for individual construction.

7.1. You need to apply to the court, indicating that there are circumstances that make it difficult to enforce the judicial act. In any case, talk to the assistant judge who made the ruling.

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7.2. If you have already resolved the issue with the technical possibility of dividing the house in kind, then the refusal to register is unfounded (Rosreestr must execute the judicial act), you need to appeal it and demand in court to register your real estate.

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8. How to get the roof repaired if, during the privatization of a house in a blocked development, not a single current or major repair was carried out, and out of four apartments is registered with the municipality.

8.1. Good afternoon Repairing an entire roof is a major renovation. Major repairs are carried out by regional operators. Your home, if it needs major repairs, should be included in the regional program. If the house is not in the program, then write a statement to the administration about the need to include the house in this program. Write the same statement to the regional operator. If you are refused, you can appeal the refusal in court. During the consideration of this case, the administration will have to prove the legality of its refusal.

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8.2. Hello, Write a complaint to the prosecutor's office and the housing inspection first. I wish you good luck and all the best!

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9. Who can provide information that we have a blocked building?

9.1. Contact Rosreestr, or the department of architecture and urban planning at the administration.

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9.2. Good day! Specify your question.

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10. There are two houses on one plot of land. The land has been privatized. Can one of the owners demand recognition of a house as a blocked development if he shares the house with a neighbor.

10.1. If you have two houses and common shared ownership, you do not need a block house. You can register a voluntary section.

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10.2. Good afternoon In accordance with the Letter of the Ministry of Economic Development of the Russian Federation dated March 14, 2020 N D 23 i-1328: residential buildings of blocked development are residential buildings with no more than three floors, consisting of several blocks, the number of which does not exceed ten and each of which is intended for residence of one family, has a common wall (common walls) without openings with the neighboring block or neighboring blocks, is located on a separate plot of land and has access to public territory (clause 2, part 1, article 49 of the Town Planning Code of the Russian Federation) i.e. , in order for parts of a residential building to be recognized as a blocked building, it is necessary that these parts be located on separate plots of land and each part has an independent separate exit to its own plot. Therefore, in your situation, it will be impossible to recognize the blocked development without dividing the land plot. But if dividing the plot is impossible, then you can determine the procedure for using it in court (if you cannot reach an agreement with your neighbors without a trial).

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11. How to correctly fill out the minutes of the general meeting of owners of an apartment building, a blocked building. House for two owners. We reconstructed our part of the house. Now you need to register with the Unified State Register. And the Unified State Register requires a protocol for the package of documents. I looked on the Internet. I found samples. But how to fill it out correctly so that it doesn’t get returned?

11.1. Hello. Document preparation is a paid service.

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11.2. Good evening, this is a paid service.

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12. Land and a house with a neighbor are 1/2 in shared ownership; if you change the status of a residential building to a house of blocked development, then the land will remain shared or it can also be re-registered.

12.1. The Land Code establishes the principle of the unity of fate of the land plot and the real estate located on it. The fate of the object follows the fate of the house and vice versa. Accordingly, when the object is changed “to a house of blocked development”, the common shared ownership of the land plot must be terminated. However, keep in mind that the same changes in the status of the house and land must also occur for the owner of the other 1/2 share (in simple words, it is unacceptable for half of the house to become a “blocked building house”, and the other - in common shared ownership (in In this case, your state registration will first be suspended and then “denied” in accordance with the Law on State Registration of Real Estate No. 218-FZ).

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12.2. If you change, as you indicate, the “status” of a residential building, the land will remain in common shared ownership until you make a division of the land plot, if the rules of land use and development allow this.

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13. How to divide a private house into 2 owners. Neighbors don’t mind Question 1 - Allocate a share in kind and how will they then register the apartment or part of the house on the cadastral register? We don’t want apartment 2 Change the status Recognize the residential building as a blocked building... Owned land (not in shares)

13.1. Hello, changing the status of a house is quite difficult; you can allocate a share in kind in court as part of the house and not an apartment.

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13.2. Good afternoon. To your question, I can give you the following answer: They will be registered as premises. Thank you for contacting the site.

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14. I'm not a lawyer. After the court decision, I found out that I and not only me (my neighbor and a lawyer) allocated part of the residential building from the shared ownership. It should have been stated that this is part of a residential building in a blocked development. Then it would be correct to tell me at the BTI. What to do, how to change the court's decision?

14.1. Hello, only in court by writing an appeal. Unfortunately, there is no way to simply “change” the court’s decision; this is not a typo or a technical error.

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14.2. Hello, I'm not a lawyer

.
After the court decision, I found out that I and not only me (my neighbor and a lawyer) allocated part of the residential building from the shared ownership. It should have been stated that this is part of a residential building in a blocked development. Then it would be correct to tell me at the BTI. What to do, how to change the court's decision?
Legal proceedings are carried out on the basis of competition and equality of the parties (Part 3 of Article 123 of the Constitution of the Russian Federation).
If you are not ready for a legal battle, you need a lawyer. Rules of law. CONSTITUTION OF THE RUSSIAN FEDERATION Article 48 1. Everyone is guaranteed the right to receive qualified legal assistance.
FEDERAL LAW ON ADVOCACY AND ADVOCACY IN THE RUSSIAN FEDERATION Article 1. Advocacy 1. Advocacy is
qualified legal assistance
provided on a professional basis by persons who have received the status of lawyer in the manner established by this Federal Law, to individuals and legal entities
in order to protect their rights , freedoms and interests, as well as ensuring access to justice.
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15. On what basis does a rural settlement have the right to change the status of an apartment to a residential building of a blocked building?

15.1. Good evening! Based on the resolution of the head of the city administration. Please contact the administration (mfc) with an application. Good luck to you.

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15.2. ☼ Hello, Usually this requires a resolution from the head of the district administration to change the status of the apartment. I wish you good luck and all the best!

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16. There is a social tenancy agreement for residential premises in a two-apartment building. I contacted the BTI in order to draw up the plan necessary for privatization. They informed me that since the house is not registered in the cadastral register, they will be able to make a plan only when the house is recognized as a block of buildings. Where to apply for a recognition order? And is it really impossible without this? After all, a year ago, my friend did not encounter such a requirement; I am privatizing a similar object.

16.1. Hello! Theoretically, houses of blocked development are considered multi-apartment buildings, but the allocation of a share in the common property is impossible. In fact, there is no common property in such buildings. The procedure for recognizing a house as an object of blocked development involves filing an application with a corresponding request to: BTI; local government bodies; courts. The need for recognition lies in the fact that the status of a blocked house allows you to register the property of the adjacent territory. For apartment buildings, this possibility is absent in principle.

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16.2. Hello. I don’t really understand why you are doing this? The owner of the apartment is the municipality and must draw up a cadastral passport (formerly a technical plan). Submit your documents for privatization and see if privatization will be refused on this basis; if they refuse, appeal the decision to the court or prosecutor's office. Or you can contact the administration in writing to have a cadastral passport prepared.

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17. How to recognize a house as a blocked building (BTI will issue a technical conclusion that the house can be considered blocked) in court. The house has 2 owners, one has an unfinished part of the residential building in the certificate, the second has a court decision that half of it is recognized as an isolated part of the residential building.

17.1. Good day. Most likely, an independent examination will be required, BTI may not issue such a conclusion. Good luck to you. Anna Titova.

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17.2. In order to recognize a house as a blocked development, you need to file a claim in court and, based on the conclusion of the BTI, Articles 55 and 56 of the Code of Civil Procedure of the Russian Federation, prove that this house meets all the parameters of a blocked development.

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18. Please help me figure this out: Is a blocked-off building considered to be an apartment building or just a residential (single-apartment) building?

18.1. Hello! Blocked residential buildings are residential buildings with no more than three floors, consisting of several blocks, the number of which does not exceed ten and each of which is intended for one family, has a common wall (common walls) without openings with the adjacent block or adjacent blocks , located on a separate land plot and has access to public territory (clause 2, part 2, article 49 of the Town Planning Code of the Russian Federation).

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18.2. Blocked development is a type of low-rise residential development in which residential buildings of the same type located in a row are blocked with each other by side walls. Moreover, such houses can be either single-apartment or multi-apartment (if there are two or more apartments in the house).

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19. Are blocked buildings included in the regional program for capital repairs of the common property of apartment buildings?

19.1. Good evening. Yes, it is included in the regional program for capital repairs of common property of blocked buildings. Have a nice pleasant evening.

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19.2. Good day. Dear Anatoly, yes, all residential apartment buildings are included in the program. All the best, good luck to you.

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20. I own part of a residential building. Is it possible to file a claim to have his house recognized as a blocked development?

20.1. The meaning of recognizing it as a “blocked building” is unclear. You already own an independent object of housing rights (Article 16 of the Housing Code of the Russian Federation).

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20.2. -only in case that. If he is one of those. “...Low-rise residential building is a residential building of blocked development with a number of floors of no more than three, consisting of several blocks, the number of which does not exceed ten and each of which is intended for one family, has a common wall (common walls) without openings with the neighboring block or neighboring blocks, located on a separate plot of land and has access to a common area, or a multi-apartment residential building with no more than three floors, consisting of one or more block sections, the number of which does not exceed four, each of which contains several apartments and common areas and each of which has a separate entrance with access to the common area...” © Consultant Plus, 1992-2017

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Is it possible to fence off the approach to outbuildings after registering the ownership of the land near a block-building house (two-apartment house)

I have a question for you: we have a house for 2 owners. We built a warm extension to our apartment.

A one-story wooden barrack built in 1958. Since 2020, the status has changed and the residential building has become a blocked building.

In 2008, I bought an apartment in a two-flat building, and I cannot register ownership of the land on which the housing is located, because...

I live in a 4-apartment building, I own an apartment, there is a decision from the administration: the house is recognized as a blocked building.

House for 1/2 share, total. area 100.5 sq.m. pl. building area 132 sq.m. after reconstruction by one of the co-owners.

There is a house with a blocked building - a common small section of the wall adjoins a neighbor, a relative.

A claim for recognition of a house as a house of blocked development and termination of common shared ownership, three plaintiffs, can one pay the state fee?

Recognition of blocked type housing as such

A house is recognized as a blocked building if the following conditions are met:

1. The house has no more than 3 floors.
2. The building consists of no more than ten block sections with an offset wall and a separate exit to the territory separated by each of the owners.

If your home meets the requirements established by regulatory documents, you can register it as a block house. To do this, you will have to submit an application to the BTI authorities, the local administration, and judicial investigation authorities that are involved in considering cases for awarding status to residential buildings, and wait for its consideration.

Permits for building a block-type house

From the general construction rules: “The construction of one residential building on two or more land plots is illegal.” To carry out construction in accordance with the law, separately existing land plots are combined together. Algorithm of actions that a landowner/developer needs to perform in order to build a house in a blocked building: prepare and execute a package of documents for the land plot on which the building is proposed, and submit a construction plan from City Construction Supervision. Only after submitting the above documents, permission to build a house in a blocked development will be in the hands of the developer.

Separate documents are drawn up for each of the block plots: the common land plot is divided, and separate land parts are formed, and a boundary plan is drawn up. Only after all the documents are ready, the combined housing can be put into operation.

Block housing is a common practice in America as well as many European countries. This is an excellent alternative to apartment buildings, where sewerage is often overloaded or there is not enough living space.

It is easy to customize residential buildings in a blocked development to suit yourself, improving the image and quality of your life.

An individual housing construction project and a residential building of blocked development are two big differences

The procedure for carrying out registration and registration actions in relation to blocks of a residential building of blocked development, including by court decision.

As for a residential building (an individual housing construction project), it is, first of all, “single and indivisible.”

Part 7 of Article 41 of the Registration Law establishes that state cadastral registration and state registration of ownership of premises or premises (including residential) in a residential building (individual housing construction facility) are not allowed.

However, Part 2 of Article 49 of the Town Planning Code of the Russian Federation (GrK RF) identifies, among other things, this type of capital construction projects as residential buildings of blocked development.

These are residential buildings with no more than three floors, consisting of several blocks, the number of which does not exceed ten. Moreover, each of them is intended for living by one family, has a common wall (common walls) without openings with the neighboring block or neighboring blocks, is located on a separate plot of land and has access to a common area.

In addition, clause 2 of part 2 of Article 49 of the Civil Code of the Russian Federation determines that a block of a residential building of a blocked development is located on a separate land plot.

According to the Real Estate Department of the Ministry of Economic Development of the Russian Federation, due to the fact that the signs of a blockaded building are not clearly defined, a residential building can be classified as either a blockaded residential building or an apartment building, depending on how to qualify the resulting real section of residential building objects. In this case, the design features of the buildings and their purpose (blocked residential building or apartment building) are determined by the design documentation.

In this regard, if a residential building is classified as a block-building building, and each of its blocks corresponds to the characteristics of an individual residential building, the cadastral registration of such a block can be carried out as a residential building, which is part of a building - a block-building residential building.

It is also necessary to take into account that land plots on which an apartment building, an individual residential building, a residential building can be created

blocked developments have different legal regimes. Accordingly, the type of permitted use and category of the land plot on which a residential building of a blocked development or an apartment building will be created, specified in the title document for the land plot, the urban planning plan of the land plot, must provide for the possibility of placing and operating the corresponding type of residential premises.

Currently, the division of a residential building is possible only in the case of the formation of residential building blocks of interlocked development. Therefore, the cadastral engineer draws up one technical plan for all newly formed real estate objects. State cadastral registration and state registration of rights are carried out simultaneously in relation to all created real estate objects upon the application of all owners of the original real estate object.

By decision of the court, state cadastral registration and state registration of rights to a property formed as a result of division are carried out in accordance with the general procedure.

Yulia Tregubova,

Deputy Head of Department

registration of rights to residential properties

Office of Rosreestr for the Ivanovo region