If you decide to change the configuration of your living space, then in some cases you will have to coordinate the changes with government agencies.
However, very often the approval of redevelopment can be done after all the necessary work has been carried out.
But how to legalize the redevelopment of an apartment yourself ? What exactly is redevelopment ? And what documents will be needed for this?
Below you will find the answers to these questions.
What it is?
Redevelopment is any transformation of an apartment, changing its configuration, purpose of premises, area. It often affects the load-bearing walls of the house. This affects the overall durability of the building, the safety of its occupants, the environment and the natural environment.
The general principles of redevelopment are described in federal legislation - the Housing Code of the Russian Federation. The order and conditions of the authorities are developed in more detail at the regional level. In the capital, for example, Moscow Government Decree No. 508 of October 25, 2011 is applied. In the region, each city (district) has its own regulations.
What is the difference between approval of a project and a sketch?
Redevelopment, in contrast to simple repairs, requires permission from state and regional services, as well as adjustments to technical documentation (cadastral passport, floor plan of an apartment building). Depending on the changes, the approval procedure takes place differently: before the start of work or after. Using Moscow as an example, we can consider the main differences between the first method and the second.
According to standard rules, the owner of the property (or a person acting with his permission) goes through all stages of coordination with various authorities before starting work. The resolution must be received:
- from the Ministry of Emergency Situations, the Department of Architecture of the capital, Rospotrebnadzor, and the gas service. In 2020, their independent visit is not required: everything will be done by an employee of the Moscow Housing Inspectorate through interdepartmental requests after receiving the project and application;
- authors of the building, if it is planned to rearrange or demolish load-bearing walls or build openings into them. In 99 out of 100 cases this is the State Unitary Enterprise MNIITEP, MOSPROEKT or TsNIIEP Zhilishcha. This can be clarified at the Department of Architecture of the capital.
The simplified procedure does not require prior approval. It is enough to prepare a sketch, carry out work on it, and then invite an inspector to draw up the final report. You can contact the MFC or one of the 10 district branches of the Moscow housing and communal services.
This arrangement requires less time, effort and money.
The second difference is in the design of the work plan.
For most changes, a project is required, which is prepared by specialized SRO member companies. The sketch can be made independently or by order from a design organization that is not necessarily a member of the association. This will allow you to save a significant amount: to buy a project, you will have to spend from 15 thousand rubles.
The third difference is that the standard procedure requires the preparation of documentation both during the redevelopment and after. This includes an act for hidden work, a production log, etc. At certain stages, control is required from the authors of the building.
When redeveloping according to a sketch, the owner only needs to receive a completion certificate from MosZhKI after the completion of the work, fill it out, wait for a technician to inspect the living space and sign it.
Stages of approving the redevelopment of an apartment yourself
The main stages of independent approval of the redevelopment of a residential premises are as follows:
- Obtaining appropriate advice from the territorial housing inspection.
- Obtaining an order from the authorized inspectorate for the right to carry out such work.
- Receiving technical documentation from the BTI - authorized employees of the organization prepare this document within 10 working days . It is worth noting that when submitting an application for the production of such documentation, you must provide an original certificate that can confirm ownership.
- Obtaining a technical opinion and a project from organizations that have an SRO - the production time for these papers is regulated on an individual basis, and the total cost can reach up to 30,000 rubles .
- Receive a special order from the territorial housing inspection - the period for consideration of the application is 1 month , and the validity period of the order is 12 months .
- Obtain the appropriate certificate of completed reconstruction from the housing inspection department.
- Sign the act in an organization that has a service station.
- Sign the act from the designers - acts related to hidden work are signed during their implementation.
- Sign the report with a housing inspector who will visit the residential premises to monitor the work being carried out.
- Make changes to the BTI documentation - the production time can reach up to 25 days .
- Make appropriate changes to the cadastral documentation.
- Make changes to Rosreestr.
Why is the project needed?
In all cases when the modernization of an apartment affects the load-bearing walls of the building, common property, facades, changes the area and purpose of the housing, a project is required.
This is a document that reflects planning, technological, architectural, design decisions, changes in the configuration of utility networks, a conclusion about their impact on the environment and the safety of the building.
The project is required for approval of planned changes to the apartment by regulatory authorities. It is drawn up by specialists from a construction and engineering company that has access to this type of work and is a member of the SRO.
Redevelopment can be carried out according to the standard design of the building authors. The catalogs are presented on the websites of the State Unitary Enterprise MNIITEP, MOSPROEKT or TsNIIEP Zhilishcha. In this case, the procedure will be simplified, since standard projects by default have already been agreed upon by all authorities.
At this stage the MHI provides:
- Technical passport BTI;
- Certificate of ownership;
- You should obtain an extract from the house register from the Unified Information and Settlement Center (valid for one month);
- a copy of the financial and personal account (it is also issued by the EIRC, its validity period is one month);
- Three copies of the sketch and floor waterproofing diagram certified by the owner of the premises;
- Notarized powers of attorney from all owners.
- At the next stage, it is necessary to obtain an order from the Moscow Housing Inspectorate and a sketch approved by the Moscow Housing Inspectorate.
- After this, construction and repair work is carried out, upon completion of which it is necessary to re-apply to the Moscow Housing Institute to accept the work. Representatives of the organization visit the site, draw up and sign an act of redevelopment.
- The next stage is applying for new documents to the BTI. To do this you must provide:
- Certificate of ownership;
- Sketch, order and act of acceptance of the premises;
- Notarized powers of attorney from all owners.
It is necessary to place an order at the BTI for a technician to come out and take new measurements, which serve as the basis for obtaining new documentation.
- At the last stage, you need to obtain a new certificate of ownership from Rosreestr, which reflects the characteristics of the premises after redevelopment.
The procedure described above contains a lot of nuances, each of which can make it longer or even impossible. To avoid possible risks, just contact the specialists of the architectural bureau “World of Projects”!
In what cases is it impossible to legitimize redevelopment by notification procedure?
It will not be possible to approve redevelopment by notification (based on a sketch) if the owner decides:
- rearrange or change gas equipment and lay additional communications;
- change a gas stove to an electric stove or vice versa;
- move or change the dimensions (boundaries) of the toilet and shower;
- remove or build new load-bearing walls;
- build an opening into any ceiling and bring an internal staircase to it, if this entails changing the boundaries of the room;
- modernize the design or installation of floors;
- move or change the kitchen;
- carry out any actions if they affect the common area of the building, building facades, entrance areas, etc.
A complete list of permissible changes that are approved by the project is given in paragraphs. 2 and 3 of Appendix No. 1 of Decree No. 508. In all other cases, a sketch is sufficient.
How to make a sketch? Document requirements
There is only one rule for creating a sketch drawing - so that all changes are clearly reflected on it. According to it, the Moscow Housing Inspectorate makes adjustments to the technical passport of a residential premises, so each district office of housing and communal services may have its own requirements for the document.
For some, it is enough to indicate schematically what has been done. For others, it is necessary to describe in detail the plan of work carried out, including the thickness of the walls and the density of fastenings.
Difficulties sometimes arise with the redevelopment and reconstruction of housing in the old building - houses built before the first half of the 50s, with wooden or mixed floors. An inspector from MosZhKI may doubt that the wall being moved or changed is not load-bearing, and request a technical examination of the structure of the house.
When carrying out a sketch, a design and construction company is guided by GOST 21.501-2011 - the rules and regulations for the preparation of architectural documentation.
But to make a drawing yourself, you can simply mark on a copy of the floor plan:
- with a red pencil or pen - partitions and plumbing equipment that were dismantled during the redevelopment;
- green - newly erected partitions and installed equipment. Be sure to respect the scale.
Additionally, an explication of the apartment and a comparative table of changes are presented. The first is a list of all premises, their purpose, area. The second is a list of activities carried out. Symbols (arrows, crosses, circles) and inscriptions are used as information signs.
Important Requirements
An important requirement for legalizing redevelopment is compliance with legal standards that reflect the safety of the manipulations being carried out, and also exclude the creation of inconvenience to the neighbors of an apartment building.
In addition, it is not recommended to change the configuration of the premises before receiving permission from the inspection. Otherwise, the case is sent to court to identify violations and the legality of the actions taken.
The owner has the right to independently apply to the judicial authorities to legitimize the redevelopment, as well as to file an appeal if there are any objections after the examination of the apartment by an inspector.
Main conditions of action
The main conditions for redevelopment are compliance with legal regulations, namely:
- it is prohibited to demolish partitions between two neighboring apartments in order to combine two types of real estate into one;
- It is prohibited to connect central water supply systems to individual floor heating;
- It is prohibited to move heating radiators to balconies and loggias;
- complete elimination of load-bearing structures is prohibited;
- It is prohibited to place utilities (plumbing equipment, gas stoves) in a residential area or in an area that corresponds to the residential area for neighbors below.
In addition, there are a number of actions that are prohibited, but have exceptions and therefore are not absolute.
The cost of approving the redevelopment of an apartment in Moscow depends on whether the services are ordered in one package or separately. Read all about the redevelopment of a 4-room apartment in Khrushchev in our article.
Required documents
Documentation for legalizing redevelopment includes:
- project;
- owner's passport;
- title documents for living space;
- registration certificate of the apartment;
- floor plan of the house;
- written consent of neighbors;
- consent of all residents of the house if general house needs are affected during redevelopment;
- approval for repair actions from the housing inspection, fire service and utility services.
In some cases, an additional package of documents may be required if, for example, the house is classified as a historical monument or cultural heritage. The owner will need to submit documents from the city architectural department that confirm the legality of the redevelopment.
Sample technical passport of an apartment:
Where to find relevant services
The owner of the apartment can independently legalize the apartment, but in most cases this turns into a lengthy process with constant reporting or re-registration of documents, which takes energy, time and finances. There are special organizations that provide services for legalizing redevelopment. Thanks to experienced specialists, the entire process takes a minimum of time.
Company name | Description of service |
"Advekon" | A professional organization that provides services in the field of legalization and approval of redevelopment both in the pre-trial area and in court. The company has 10 years of experience and certification in. |
"Mansval" | The company provides legal assistance in the field of redevelopment of residential premises. A special feature of the company is the ability to conduct a turnkey process. The cost of services is announced after a detailed study of the materials. |
"Central Law Bureau" | Petersburg company providing services for legalizing redevelopment. The peculiarity is that specialists are able to successfully complete a case even in a difficult situation. |
"GENERAL LINE" | Center for providing legal services for redevelopment of residential property. The company focuses on results, so payment is made only for the successful completion of the case. The period varies between 3-8 months. |
"PROFEXPERT" | The firm provides a wide range of legal services to the public, including various situations with legalization and approval of apartment redevelopment. |
"Studio T" | A young company working in the field of legal services for 4 years. During this time, it has established itself as a highly professional organization aimed only at success. |
The average cost of approval and legalization of redevelopment for all companies ranges from 30,000 to 80,000 rubles. The exact cost will depend on the specifics of the repairs carried out, the complexity of legalization from the legislative side and additional expenses for state duties, obtaining a new registration certificate and documents for the apartment.
Sample consent of neighbors for redevelopment
Sample sketches
Each room on the plan has its own number, indicated wall length, and area. Red lines mark dismantled walls and plumbing. Green - new partitions and rearranged equipment.
The same sheet shows an explication of the apartment after the renovation: some of the interior spaces were transformed, and another separate restroom and laundry room appeared.
The following is a list of completed works. In the example this is:
- dismantling and installation of non-load-bearing partitions;
- blocking, including partial, doorways;
- expansion of the doorway;
- rearrangement of plumbing equipment;
- dismantling and installation of plumbing fixtures.
The title of the sketch indicates the address of the apartment in which the redevelopment was carried out. The document is signed by the owner or a person acting on his behalf by proxy.
What does an apartment redevelopment project include?
First of all, the project contains an explanatory note on technological, design solutions, and internal engineering equipment. Also, the project includes: - fire prevention measures; — architectural and planning solution; — plans for the placement of plumbing fixtures, including piping; — floor plan with re-equipment of internal communications; — diagram of the installed waterproofing; — scheme for strengthening the opening.
These are the main components of an apartment redevelopment project, however, sometimes the project also includes drawings of components and details of structural solutions, calculations, floor explications, and so on.
Apartment plan, side view
Reasons for refusal and problems
The sketch may not be accepted and the layout may not be approved for several reasons:
- discrepancy between real changes and planned ones. At a minimum, we are talking about redoing the sketch if, for example, it was drawn without observing the scale. At most, the owner will have to order a project and legitimize the changes already made through the court;
- redevelopment is not permitted by the owner of the premises or the bank if the apartment is mortgaged;
- the documents are completed incorrectly or are not completely collected, for example, the sketch was signed by the user of the premises, but did not provide permission from the owner.
If the changes made violate construction, sanitary, legal, or safety standards, the applicant will not only receive a refusal of approval, but also an order to eliminate the deficiencies. If he did something prohibited (for example, narrowed the natural ventilation channel), he will be obliged to return the premises to its original appearance at his own expense and very quickly.
The refusal is issued in the form of a reasoned decision on MosZhKI form. It provides reasons and recommendations for the applicant’s further actions. This decision can be appealed by subordination to the head of the district branch of the Moscow Housing Inspectorate or in court.
How to draw up an apartment redevelopment project?
In order to get a project, first you should choose a design organization. This issue must be approached very responsibly, since different companies can offer different types of services for the same price.
This also applies to the situation when you find a company providing services at a relatively low price, most likely the list of services will also differ significantly.
To order an apartment redevelopment project, you will need to have a floor plan of the property, a sketch of the desired redevelopment, a technical report on the condition of the load-bearing structures of the entire building, as well as the possibility of redevelopment.
All other necessary data will be clarified by specialists when visiting a specific site. After the project is ready, you must contact the district administration to obtain permission for construction work.
If you live in Moscow, then this issue is dealt with not by the district administration, but by the Moscow Housing Inspectorate. This authority has branches in almost every urban district.
Apartment plan for approval by authorities