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
What does unauthorized change in the design of an apartment mean?
Unauthorized redevelopment is a type of repair work that has no basis for independent implementation and has not been coordinated with the relevant housing and other services.
Redevelopment of an apartment, its approval and refusal to carry out such work are regulated by Articles 25, 27, 28 of the Housing Code of the Russian Federation.
Housing Code of the Russian Federation, Article 25. Types of reconstruction and redevelopment of residential premises
1. Reconstruction of residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises. 2. Redevelopment of a residential premises is a change in its configuration, requiring changes to the technical passport of the residential premises.
Housing Code of the Russian Federation, Article 28. Completion of reconstruction and (or) redevelopment of residential premises
1. Completion of the reconstruction and (or) redevelopment of the residential premises is confirmed by an act of the acceptance committee. 2. The acceptance committee’s report must be sent by the body carrying out the approval to the rights registration body.
The concept of redevelopment must be understood as follows:
- Moving doorways;
- Installation and dismantling of walls;
- Making arches;
- Changing the size of windows and other work that must be recorded by the BTI in the floor plan.
The illegal performance of all these works and their consequences, in addition to the Housing Code of the Russian Federation, is regulated by the Code of Administrative Offenses of the Russian Federation and the Decree of the Government of the Russian Federation of 2005.
You can see how and where you can legalize the redevelopment of an apartment yourself here:
Is it necessary to legalize redevelopment?
It is better to carry out repairs with changes in the design of the apartment, it is better to coordinate with all the necessary authorities in advance, since such redevelopment will still have to be legalized, but only through the courts with subsequent legal registration, or to return the housing to its previous state.
Important: both of these processes will require a considerable amount of investment. It should be taken into account that redevelopment carried out before 2005, when no special permission was required for its implementation, also needs to be formalized by submitting a list of papers fixed by the legislator to local authorities that resolve problems on this issue.
If legalization is refused, you should prepare to go to court, on the basis of its decision to carry out legal registration of the redevelopment.
Why is it necessary to legitimize this process?
Legalization of any design changes is necessary:
- Since this measure is recommended by the legislator, leaving this process to its own devices will entail the accrual of penalties;
- Since an uncoordinated action without proper calculation by specialists can harm the entire structure of the house and the health of its residents;
- Because penalties increase annually, and the owner may lose his home altogether;
- Because the data in the documentation must correspond to all the characteristics of the premises in fact, since donating, selling, etc. with housing can only be done if the documents and the premises correspond;
- The purchase and sale of an apartment with illegal redevelopment is of course possible, but using personal savings, you need to document and agree to the existing changes with a personal signature.
Important: among other things, penalties are also provided for officials who allow illegal redevelopment or planning with serious consequences.
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.
How to legalize an existing redevelopment
For existing changes:
- You should contact an organization that provides consultation services to citizens who have carried out the redevelopment; to do this, you should provide the existing plan from the BTI with the desired changes;
- Next, create a sketch plan using an enlarged floor plan, indicating in red the changes made;
- Submit an application and a package of documents to the housing authority to legalize the redevelopment, having received all the necessary papers, the employees of the authority must issue a receipt for their acceptance;
- According to the law, receive a response within 45 calendar days - this is if you apply in person; if you apply through the MFC, then the period for the response will be calculated from the moment the center transmits the documents to the housing authority.
If the housing has already been remodeled it is necessary:
- Prepare and receive new technical and cadastral documentation;
- Conclusion only in writing on compliance with sanitary and epidemiological standards in the apartment;
- A project completed by company employees with the appropriate permits.
After which the architectural department is notified about the changes and a subsequent appeal is made to the court. You must provide the court with:
- Completed new technical passport, conclusion of the sanitary-epidemiological service, project;
- A document confirming the right to own real estate.
If the court issued a positive decision, it is necessary to reissue the technical and cadastral passports.
To obtain a cadastral passport for an apartment, you will need a new package of documents, namely:
- Passport of a citizen of the Russian Federation;
- New technical passport;
- Application for making all changes to cadastral registration;
- Receipt.
Find out what the cadastral value of an apartment is and whether this information is contained in the cadastral passport in this article.
Changes will be made only after a detailed examination of the premises by a cadastral officer.
If a new certificate of ownership is needed, you must present your passport and a new technical passport to Rosreestr.
How much does the registration process cost?
Redevelopment costs depend on many factors. On average, the cost of remodeling one room varies from 20,000 rubles to 30,000 rubles.
Factors influencing the cost of the event may include:
- New documentation for the apartment - cadastral passport 200 rubles, technical passport from 900 rubles;
- In case of unauthorized redevelopment and its further legalization, it is necessary to go to court, which entails payment of state fees and legal costs;
- The cost of the project for large-scale changes will cost from 4,000 rubles.
When is it necessary to go to court to legalize redevelopment?
Going to court
Having made illegal changes, the owner is obliged to go to court to avoid the most negative consequences. You must file a claim in a district or city court, having first paid the state fee and submitted it to the court office.
In this case, the application must be accompanied by certificates and documentation from Rospotrebnadzor, Gospozhnadzor, SES, architectural department, and housing inspection. The defendant in this case will be the local government body.
The claim must indicate:
- Details and address information;
- List of documents serving as evidence.
Sample statement of claim to the court for legalization of redevelopment.
When can you get rejected?
Based on Article 27 of the RF Housing Code, you can get a refusal in court even with a full list of documents provided.
Housing Code of the Russian Federation, Article 27. Refusal to approve the reconstruction and (or) redevelopment of residential premises
1. Refusal to approve the reconstruction and (or) redevelopment of residential premises is permitted in the event of: 1) failure to submit documents specified in Part 2 of Article 26 of this Code, the obligation to submit which, taking into account Part 2.1 of Article 26 of this Code, is assigned to the applicant; 1.1) receipt by the body carrying out the approval of the response of a state authority, local government body or an organization subordinate to a state authority or local government body to an interdepartmental request indicating the absence of a document and (or) information necessary for carrying out reconstruction and (or) redevelopment residential premises in accordance with Part 2.1 of Article 26 of this Code, if the relevant document was not submitted by the applicant on his own initiative. Refusal to approve the reconstruction and (or) redevelopment of residential premises on the specified basis is permitted if the body carrying out the approval, after receiving such a response, notified the applicant about the receipt of such a response, invited the applicant to submit the document and (or) information necessary for the reconstruction and (or) redevelopment of residential premises in accordance with Part 2.1 of Article 26 of this Code, and did not receive such a document and (or) information from the applicant within fifteen working days from the date of sending the notification; 2) submission of documents to the improper authority; 3) non-compliance of the project for reconstruction and (or) redevelopment of residential premises with the requirements of the law. 2. The decision to refuse approval for the reconstruction and (or) redevelopment of residential premises must contain the grounds for the refusal with a mandatory reference to the violations provided for in Part 1 of this article. 3. The decision to refuse approval for the reconstruction and (or) redevelopment of residential premises is issued or sent to the applicant no later than three working days from the date of such decision and can be appealed by the applicant in court.
The grounds for refusal may be:
- Unauthorized removal of gas pipes and heating appliances;
- Damage to the ventilation ducts occurred during the conversion process;
- The area of the kitchen and bathroom has been increased at the expense of the residential area;
- Utility boxes are dismantled and damaged.
Possible problems
During the redevelopment, some problems may arise, for example:
- The dismantling of the partition between the bathroom and the toilet disrupted the ventilation passages located in it;
- A categorical ban on enlarging the bathroom and toilet if the apartment is located between floors;
- Equipment for a studio apartment with no wall between the kitchen and the room is available only if there is an electric stove in the kitchen, the arrangement of which is fixed;
- Freezing of the walls will occur if a balcony or loggia is combined with a room.
What is an encumbrance on an apartment and whether the presence of encumbrances affects the procedure for redevelopment, you can read at the link.
Legal advice
All lawyers are unanimous on one thing: the legalization of redevelopment must begin at the initial stages, that is, start with this process, since subsequently making the redevelopment legal will not be easy and expensive.
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.
If there are violations
Unauthorized implementation of the redevelopment idea is a violation of the law, which is subject to fines. Instructions are also issued to draw up a reconstruction project in accordance with the standards, and to bring the home into a form consistent with the project.
The amount of fines depends on the location of the property. Their minimum amount is 2500 rubles .
If the instructions of the authorized bodies are ignored, the home may be seized from the property and put up for auction for sale. If the right to own housing is exercised on the basis of a social tenancy agreement, then carrying out work in such real estate is fraught with termination of the agreement and deprivation of the right to use the living space.
It should be taken into account that it will not be possible to legitimize the reorganization if its implementation involved the following activities:
- changing the location of utilities;
- demolition of a load-bearing wall;
- combining adjacent premises;
- changing the technical parameters of the building;
- installation of equipment that allows you to adjust in-house meters;
- re-equipment of ventilation ducts;
- relocation of electrical wiring;
- creation of terraces;
- changing the configuration of attics and other auxiliary rooms.
Facts of violation can be identified:
- voluntarily;
- if it is necessary to carry out legal transactions with real estate, such as sale, will, donation, registration of real estate as collateral;
- based on a complaint from neighbors who suspect that the repair work was carried out with violations and is having a negative impact on the performance of the housing.
An apartment with unauthorized redevelopment can be sold provided that the buyer signs an acceptance certificate for housing with the redevelopment performed, due to the absence in the legislation of requirements for special checks regarding the quality of real estate objects involved in transactions.
However, this does not relieve the real estate seller from liability for the consequences of the reconstruction.
