Redevelopment through the court 2020 - how to legalize, apartments, statement of claim, cost, list of documents, application

Rules for filing a claim for redevelopment of an apartment or house

You can write a claim yourself. Just follow these rules:

You can file a claim on an A4 sheet. Both printed and handwritten versions are acceptable.
Stick to a formal business style.
You can use only one color of ink (either only black or only blue).
Place the “header” of the document on the right side of the sheet, in its upper part.
Squeak the name in the middle of the line, after the “header”.
The title of the document must be capitalized.
Do not use quotation marks in the title and do not put a period after it.
Divide the main part into paragraphs. Continuous text is difficult to read.
Demands to the court can begin with the words “I ask the court...”. You can list your requests in a list.
Sign and date after the requirements.
Afterwards you can prepare a list of documents. If you add something to the list, you can simply add the name of the paper at the end.
Fill out your claim without errors, cross-outs, or blots. Otherwise they won’t accept it and will force you to rewrite it.

Please note that the claim must be drawn up in several copies , in accordance with the number of participants in the process. That is, the plaintiff must submit one claim to the court, the second - to the defendant, and the third - to keep for himself as confirmation of its acceptance by the authorities.

If there are third parties in the case, then a version of the statement should be prepared for them as well.

How and where to complain

Control over the use of housing in accordance with the norms of current legislation is carried out by the following institutions:

Management Company;
State Housing Inspectorate;
prosecutor's office

It is these three organizations that help citizens in the fight against lawbreakers. In addition, in certain cases, you can complain to the gas company, electricity network, or water utility. The addressee of the appeal depends on:

methods of organizing work with residents of apartment buildings (not everyone communicates with service companies through the management company);
specific parameters of illegal redevelopment.

Hint: it is advisable to ask your neighbor if he has received official permission to carry out the reconstruction.
Let's consider work in a general situation. It consists of three successive steps. You will have to go through everything if the violator does not return the condition of the housing to its original condition immediately. At each stage, you need to save the response to the request received from the authority.

Step 1: complaint to the management company

The said organization is responsible for the safety of the structures and their proper use. First of all, it is necessary to notify the management company (MC) about unsafe changes in its business. The appeal is drawn up in any form. You should adhere to this form:

addressee - the exact name of the management company (it is on the utility bill);
information about the applicant is given in the format: Full name;
residential address;

in the main part you should indicate:

information about the offender, including the exact address;

alleged violations (what structures have been moved or dismantled);

negative consequences (if any);

date and signature.

Hint: the complaint must indicate a request to conduct an inspection and take measures to eliminate the danger.
Management Company employees are required to carry out the following activities:

Organize a commission to conduct an on-site inspection;
Notify the offender about the visit;
Appear at the offender’s place of residence and organize a visual inspection;
Require documentary evidence of the legality of the changes;
Send a written response to the applicant.

Attention: the commission’s work may have zero results due to the offender’s refusal to allow its members into the premises. CC officers do not have the right to force a neighbor to open the door.

Step 2: contact the State Housing Inspectorate

If a neighbor does not allow employees of the management company, then you should write to the branch of the State Housing Inspectorate of the region. The text of the letter is exactly the same as at the previous stage. Only in the body of the application you need to clarify the name of the management company. The complaint should be sent to:

notification letter;
through the organization's website.

The work of the inspection staff to verify the fact is structured as follows:

The documentation for the facility is checked;
The violator is notified of the date and time of the on-site inspection;
In case of refusal to open the door, a different time is assigned;
If access to the object turns out to be impossible the second time, then a decision is made to go to court.

The court obliges the citizen to provide inspectors with access to the property they own. However, to accept this, it is desirable to have evidence of illegal reconstruction. Therefore, the applicant needs to send photographic evidence or witness statements to the inspection.

If a neighbor lets the inspectors in, he will face a fine (if there is redevelopment). In addition, he will be required to undergo a procedure for approving the work performed.

For information: unauthorized redevelopment of apartments is punishable under paragraph 2 of Article 7.21 of the Code of Administrative Offences. Its text gives the following amount of the fine: from 2 to 2.5 thousand rubles. Download for viewing and printing:

Article 7.21 of the Code of Administrative Offenses of the Russian Federation “Violation of the rules for the use of residential premises”

Step 3: contacting the prosecutor's office

This stage is relevant for those who have not achieved anything in the previous steps.
That is, you should complain to the prosecutor, having in hand the answers from the Criminal Code and the State Housing Inspectorate. It should be taken into account that law enforcement officers supervise institutions that implement the rights of citizens in their jurisdiction. They are obliged to take into account the rights of all citizens, and therefore of the neighbor - the alleged violator. Conclusion: it makes sense to complain to the prosecutor’s office if you are firmly convinced that illegal work is being carried out in someone else’s apartment. The appeal is drawn up in free form. It contains the same information as in the original application. In addition, the preceding actions should be clearly and clearly described:

Submitting an application to the Criminal Code and the essence of the response received;
Contacting the inspectorate and the contents of the government agency’s report.

Copies of the responses received are attached to the complaint. If there are no such requests, then you need to prove the existence of appeals. For this purpose, postal receipts or emails about application registration are used.

Attention: the prosecutor's office will necessarily require an application to the State Housing Inspectorate. That is, this step cannot be replaced by the previous one.

Law enforcement officers are organizing verification activities. These include institutions that serve residential buildings. If the fact is confirmed, then the violator:

will be held accountable (fine);
will be obliged to bring the documentation in accordance with the real picture.

Attention: criminal proceedings may be initiated against a neighbor if his repair work puts other residents in danger. For this purpose, the verification materials are transferred to the police.

Sample and example of a claim to court for legalization of redevelopment

Samples of a statement of claim to preserve the premises in a redesigned form without the approval of a government agency:

Sample 1:

Sample 2:

A ready-made claim form for apartment redevelopment is available free of charge.

A ready-made form for a statement of claim for the preservation of residential premises in a rebuilt and (or) redesigned state, the redevelopment and (or) redevelopment of which was carried out without permission, is available free of charge

Additional expenses

In addition to fines, you will have to pay for the legalization of unauthorized redevelopment in other cases:

going to court - 1000 rubles (state fee);
in difficult cases you will need the help of a lawyer - from 5,000 rubles;
obtaining permits from the Ministry of Emergency Situations, the Sanitary and Epidemiological Station and the Criminal Code - from 500 rubles each;
registration of permission from neighbors to carry out redevelopment (if required during the meeting) - from 1000 rubles for each owner;
drawing up design documentation in a licensed company - from 5,000 depending on the complexity of the project (usually the project price is around 15-20 thousand if more than one design change is made);
ordering a new registration certificate from the BTI - from 500 rubles;
ordering a new cadastral passport from Rosreestr - 1000 rubles (state duty);
ordering a new certificate of registration of the right to an apartment - 1000 rubles for each owner (state fee);
registration of a power of attorney from a notary - from 1,500 rubles.

Thus, a fine for illegal redevelopment is not the biggest cost. You will have to pay much more for drawing up a project and promptly obtaining certificates from regulatory authorities. If you do the redevelopment after receiving all the documents, you can save a lot.

Thus, the total cost of a legal redevelopment of minor complexity for one owner is about 4,000 rubles, while the legalization of unauthorized redevelopment will cost at least 15,000 rubles, including the fine and registration of all documents.

Unauthorized redevelopment of an apartment - such actions can and should be legalized! You can find out how to do this in the new video:

Registration procedure

To complete the redevelopment, you must adhere to the following algorithm of actions:

Collection of necessary documentation.
Purchasing a project from a specialized company that has a license for this.
Providing a complete package of documents to the BTI along with an application in the established form.
Choosing the time to visit a BTI representative.
Analysis of real estate for redevelopment, drawing up an approval report by BTI representatives.
Carrying out repair work.
Submitting an application to the BTI at the end of the work process.
Visit of a specialist to check compliance.
Issuance of technical passport.
If the area of the property changes, contact the Housing Commission.
Obtaining a new certificate of ownership.

Where to contact?

If this is an apartment, then it will be enough to contact the BTI, and then the Housing Commission. If this is a private home or office space, then you need to call the employees of the Ministry of Emergency Situations and the SES.

They will draw up an act of compliance with fire and sanitary standards and only then you need to contact the BTI and the Housing Commission.

Required documents

To apply, you will need to provide an application in the established form and additionally the following documents:

title certificate;
technical certificate;
identification document of the applicant;
design documentation;
other documents that are required to be provided in a specific region.

Here is a sample application for redevelopment,
sample technical passport,
sample redevelopment project.

Deadlines

The current legislation also establishes the time frame for consideration of the application. You will need to allocate 1 month for approval. And for final registration 3 months.

But in each individual region this period is slightly different. In many cities, approval can already be obtained within 10 working days.

Price

The cost of the procedure directly depends on the region where the property is located, its square footage and the type of redevelopment.

Overall, the average price is:

purchase of a standard project 15,000 – 30,000 rubles;
purchase of an individual project – up to 150,000 rubles;
approval – 30,000 rubles;
for each document 2,000 rubles.

Redevelopment through court

Redevelopment through the court is available to those who have not received registration of the drafted project and the work done. In this case, you need to go to court and prove your rights here.

Initially, it is better to submit a written request to the BTI management with a request to explain the reasons for the refusal.

If these shortcomings cannot be eliminated, then go to court. You need to understand that such an action requires additional costs and time.

To apply you will need to provide:

claim;
applicant's passport;
title documents for real estate;
written refusal from the BTI representative;
registration certificate either new or old;
cadastral passport;
permits obtained during the work;
design documentation;
receipt for payment of state duty.

An application for redevelopment of an apartment must be drawn up according to the sample. What are the rules for remodeling an apartment? See here.

Apartments

To legalize the redevelopment of an apartment, you need to follow the algorithm of actions:

create a complete package of documents for submission to the BTI and the court;
after the application is accepted, coordination with representatives of the BTI takes place;
Next, you need to contact the SES, a representative will visit the site of redevelopment and draw up a compliance report;
then a technical design is ordered;
all documentation is provided to the Housing Inspectorate;
then an appeal to the court occurs if the last institution refuses.

Non-residential premises

When redeveloping non-residential premises, the owner undertakes to provide the following documentation:

floor plan of the property;
all title documents for non-residential premises;
extract from the Unified State Register;
permission for redevelopment from the HOA and housing department.

Additional documentation may also be required.

Private house

A private home can involve quite large expenses. After all, redevelopment of this kind can be significant and involve complex operations.

In this case, you will need to call representatives of the Ministry of Emergency Situations and the SES. After the act of approval, it is possible to go to court.

The documentation to be provided is similar to that of an apartment.

General information

Apartment owners very often try to give their homes a more modern look using non-standard design solutions. But not all such repairs can be safe for both the people living in the apartment and the neighbors. Therefore, it is important to ensure that redevelopment does not cause the destruction of the house.

Only its owner can carry out actions related to the redevelopment of housing. And in this regard, such work is illegal if the citizen lives in municipal housing. As an exception, redevelopment is possible with the permission of the real owner, that is, the local government authority.

The state cannot prohibit owners from carrying out work to change the technical characteristics of real estate. But redevelopment involves the preparation of new documents for living space, so some types of repair work must be agreed upon with the relevant authorities.

Refusal to satisfy the claim

After the redevelopment, the owners of city apartments need to apply to the court to legitimize all reconstructions.

At the court hearing, representatives of Themis carefully study the documents provided by the applicant, after which they pronounce a verdict.

Despite the large number of collected permits, owners of redeveloped real estate cannot always count on a positive decision from the judge.

Federal Russian legislation defines the following cases that will constitute an insurmountable obstacle to the legalization of reorganization (based on Article 27 of the RF Housing Code):

gas pipes and heating appliances were moved without permission;
ventilation was damaged during the redevelopment process;
the area of the kitchen or bathroom has been increased at the expense of living quarters;
boxes intended for various utilities have been disassembled or damaged.

Let's legalize the redevelopment

As follows from the evidence presented, as a result of redevelopment and reconstruction in the apartment we own, the bathroom area decreased by 0.9 sq.m. and is currently 2.5 sq.m. (previously it was 3.4 sq.m.); The corridor area decreased by 1.2 sq.m. (previously it was 3.6 sq.m., currently - 2.4 sq.m.). By reducing the area of the bathroom and corridor, a kitchen was created - a niche with a sink and household appliances; the kitchen niche is not separated from the living room; Thus, as a result of redevelopment and reconstruction, the area of the living room also increased by 1.7 sq.m. (previously it was 8.7 sq.m., currently it is 10.4 sq.m.). The total area of the apartment decreased by 0.4 sq.m. (from 15.7 sq.m. to 15.3 sq.m.).

We recommend reading: Is it possible to sell an apartment with a mortgage and buy another one with a mortgage?

Redevelopment and reconstruction were carried out in the apartment without proper permission, which is confirmed by information from the Novosibirsk branch of the Federal State Unitary Enterprise "Rostekhinventarizatsiya - Federal Bureau of BTI", the technical passport of the premises and the conclusion of OJSC "Novosibirsk Promstroyproekt", attached to this statement of claim.

Statement of claim

This document for legalizing redevelopment is one of the most important. The claim is drawn up in a standard manner, so it must contain the following information:

Plaintiff's details. Full name, address, contact phone number, etc.
Description of living space. The details of the title documents, information about the co-owners and the completed redevelopment are indicated.
Reasons for refusal of government agencies to register repair work.
The plaintiff’s demand to recognize the redevelopment as legal and oblige the BTI to issue documents taking into account the work performed.
List of attached documents.
Date and signature.

How to legalize unauthorized redevelopment in an apartment yourself: instructions and guidance

This can be done both administratively and through the courts. It all depends on the specific circumstances. In the latter case, it is necessary to file a claim with the court to legalize the redevelopment of the apartment. We will definitely dwell on the features of its preparation in this material.

There are situations when an apartment you like has an unauthorized redevelopment, and the owner warns that there will be no problems, prepares documents for the bank, and at the same time significantly reduces the price, supposedly for expenses for legalizing the unauthorized redevelopment. Try to avoid such transactions, because all responsibility falls on you .

Features and nuances

The findings of the Housing Inspectorate always contain recommendations for the owner on his further actions.

In general, the law represented by clause 4 of Art. 29 of the Housing Code of the Russian Federation gives the authority only to the judicial authorities to decide whether to leave the redevelopment that has already been made or force the owner to return the home to its previous appearance.

But in case of minor alterations, an exception can be made and a permit can be issued in order to relieve the vessels from petty matters.

If the Housing Inspectorate refuses, only judicial authorities can help.

Before the start of the trial, you need to call the BTI workers and record the remodeling in a new technical passport, on which they will put a stamp about the unauthorized redevelopment.

Statement of claim to court

How to legalize the redevelopment of an apartment through the court? The essence of the statement of claim is a request to save the changes made . This document is submitted to the court in the area where the housing is located.

How to legitimize a redevelopment that has already been done?

First of all, you need to have a conversation with all family members and make sure that no one objects to the legalization process .
Next, observing the scale , you should draw a plan of the home , on which the eliminated partitions and openings should be drawn in red, and the newly appeared ones in green.

In this way, visibility of the completed intervention will be ensured. How to legitimize an apartment redevelopment that has already been done on your own?

Where to start, where to turn?

Where to start? With a statement containing a request to coordinate some alterations, you need to pay a visit to the management company; a positive decision of the board is already something.

The order can be placed with any design company authorized to provide such services.

With all the papers, the owner must go to the Housing Inspectorate to notify what is happening. Here the documents will be checked and registered.

What documents are required?

You need to provide the following documents:

statement;
consent of all family members, recorded on paper, with signatures;
project;
old registration certificate;
floor plans;
title papers for the apartment.

If the housing belongs to several co-owners , then it is important that the attachments to the application include housing documents from all owners.

Which services should I coordinate with?

Depending on which premises are covered by the redevelopment, approval for these changes from city services will be required.
Here the owner’s energy will be directed to obtaining approvals - from the SES (sanitary and epidemiological station), gas service, Ministry of Emergency Situations, fire inspection - a list of interested services will be provided by Housing specialists. inspections.

Much depends on the essence of each organization’s response; receiving a refusal may result in the inability to use the apartment in its updated form. The purpose of approvals is to confirm that the rules and regulations have not been violated and that there is no danger to people’s lives and health.

Where to submit documents? Papers are submitted to a single window at the Housing Inspectorate, or to the MFC.

Processing time, cost and results

In this organization, documents will be reviewed within 45 days .

The cost of producing the project, obtaining approvals, and paying a fine will be about 50-70 thousand rubles. The state fee will need to be paid if everything ends with permission to leave the alterations .

In this case, BTI will issue a new technical passport, the state duty for which can amount to 900 rubles.

What documents are issued after registration? After finishing the work, the Housing Inspectorate specialists will give one of the answer options: permission in principle, or refusal.

They may be allowed to leave the apartment in a converted form if basic changes have been made that do not affect the load-bearing elements of the building and do not create a danger to other people:

The interior non-load-bearing partition was moved, as a result of which the kitchen was enlarged at the expense of the corridor;
the bathroom became combined;
the door in the internal non-load-bearing partition was moved;
Instead of a bathtub there is a shower cabin, etc.

You can also change the floor covering, but under no circumstances disassemble the entire “pie” - this will violate the design levels of sound and heat insulation.

Failure Cases

They may refuse if serious interventions are performed affecting:

existing floors;
load-bearing walls;
existing ventilation ducts;
communal heating network, etc.

It is unacceptable to attach part of a common building corridor to your home , to combine neighboring apartments into one (if they have different owners), to arrange a kitchen or bathroom at the expense of a living room (with the exception of the first floors of an apartment building).