Where to complain about illegal redevelopment of an apartment

A complaint to the housing inspectorate about neighbors' redevelopment is a written request that indicates specific violations with a request to check the legality of the renovation. It is prohibited to unauthorizedly violate load-bearing structures or carry out work that threatens the life and safety of residents of the entire building.

Apartment buildings are the result of the realized work of architects and builders. Each house project is calculated and designed taking into account the developed norms and rules. The most important component of such a project is safety.

If the residents of the house violate the integrity of the building: break through load-bearing walls, erect unplanned heavy interior partitions, carry out other manipulations - this threatens the lives of other residents. Because such actions were not included in the calculation of the safety of the building.

When to complain

It is dangerous to change load-bearing structures in an apartment building. This leads to a violation of the stability inherent in construction, and cracks begin to creep along the walls. Weakening of stability can lead to the collapse of the building. Redevelopment is called:

moving walls and doors;
door demolition;
construction of new openings;
introducing additional partitions, doors, and other structures into the layout;
transfer of sewerage, utility networks, gas equipment to another location.

To understand whether to file a complaint or put up with restless neighbors, it’s worth figuring out whether their redevelopment is legal. During legal redevelopment, all work in the apartment is subject to agreement and the availability of permits.

Options for finding out whether your neighbors’ redevelopment is legal (recommendations from life experience):

The simplest way is to ask what your neighbors are doing in their apartment and whether they have permission to do so;
if the neighbors remain silent, monitor how loud the noise is, what tools they use and what garbage they take out of the apartment;
If you find that they are taking out part of the broken walls, or vice versa, they are bringing in bricks and bags of cement, and the owner of the apartment does not confirm that he is carrying out legal repairs - write a complaint.

Before writing a complaint, let's decide where to report it.

Where to complain about illegal redevelopment of neighbors

Table 1. Where to file a complaint

Institutions	Reasons for appeal
Managing organization	Illegal unauthorized redevelopment of a home, often creating a threat to the integrity of the building or its individual parts and systems (heating, ventilation, etc.) and, accordingly, to the health and life of citizens
Housing inspection
Prosecutor's office	If other departments did not respond to the signal or did not send a response, the prosecutor’s inaction can also be appealed
Court	An extreme measure of influence on negligent owners of residential premises who, to please their desires, trample on the rights of other residents

Unauthorized repairs: what may not be agreed upon

Acceptable types of work that can be carried out in an apartment without prior approval are described in regulatory documents. Among them:

wallpapering;
renovation of flooring, window units, doors;
replacement of bathtub, shower cabin;
installation of air conditioning, antenna;
replacement of pipes (without changing utilities).

Rice. 1. Wallpaper can be re-pasted without approval

As you can see, these are the works that do not change the design and area of the room, and do not require changes to the technical documentation.

This is interesting! What time of day can repairs be done?

What not to do and legal consequences

At the same time, permission will never be issued for:

moving the heating radiator to the balcony (loggia);
combining a gasified kitchen with a living room;
installation of a heated floor from a central hot water supply or heating system;
demolition of a load-bearing wall;
replacement of a floor covering made of lightweight material with a floor made of a heavy composition, etc.

The legal consequences for illegal redevelopment are as follows:

bringing the culprit to administrative responsibility for unauthorized repair work;
problems when selling an apartment;
imposing an obligation to legalize the redevelopment or return the housing to its original condition;
restrictions on transactions with housing (cannot be used as collateral in a bank);
the risk of criminal liability when causing damage to others (for example, the collapse of an entrance);
possible deprivation of one’s own apartment (if the court decides to sell the property at auction).

Therefore, before you start making repairs in your apartment, it is a good idea to visit the BTI department and get the necessary advice.

Material on the topic: How to independently legalize redevelopment.

Rice. 2. The sad consequences of illegal redevelopment

Where to complain

In a situation where the organizers of the redevelopment do not negotiate and continue the renovation without presenting documents proving that it is legal, the help of official authorities is needed.

Organizations where to contact if neighbors are doing illegal redevelopment and are not making contact with the other residents:

management company, housing office, chairman of the apartment building;
state housing inspection;
prosecutor's office;
court.

These organizations are presented in order of priority of requests. You shouldn’t jump over the steps and write straight to the court or prosecutor’s office. Start in order, with the management company. If your question is not resolved or they refuse to help you, go further down the list.

When neighbors do illegal redevelopment, what to do and who to contact:

complain to the management company or the chairman of the apartment building;
complain to the State Housing Inspectorate;
complain to the prosecutor's office;
go to court.

Claim

A pre-trial document can take different forms. Most often, it is drawn up in the form of a claim, but sometimes it should be a warning - for example, in case of early termination of a lease agreement, it is necessary to first send a written warning about the fulfillment of the requirements, and only then contact the judicial authorities (Article 619 of the Civil Code of the Russian Federation).

Drawing up a claim (warning, notification) is not strictly regulated. However, there are certain signs that determine whether a document is a pre-trial settlement instrument. An ordinary letter is not a claim and the court will conclude that the necessary procedure was not followed.

The pre-trial claim must contain the following information:

recipient (full name or company name, address);
sender (identifying information: full name or name of legal entity, address);
address for reply, if it differs from the return address, telephone number for contact;
legal relations of the parties: concluded agreement or transaction, loan of funds, etc.;
circumstances: when and how the obligations were violated by the second party;
requirements with reference to clauses of the contract or legislation: the applicant lists what the recipient must do (return funds, fulfill obligations, pay penalties, etc.) and at what time;
the deadline for responding to a claim (cannot be less than specified in the law, in other cases the applicant determines it himself);
an indication that if a response is not received within the allotted time, legal action will follow;
signature and date of the sender.

Download an example of a claim for the return of funds under a purchase and sale agreement.

Please note: to determine the response time in the Civil Code, the concept of “reasonable time” is most often used. This means that the recipient must objectively have time to receive the document, familiarize himself with it, compose a response and send it. Since the shortest period specified in the law is 10 days, it is not recommended to indicate a lower number of days.

How to properly direct

Sending the claim document is of great importance, since it confirms compliance with the pre-trial procedure when subsequently going to court. Methods of sending that are accepted by the court as evidence:

Delivery of the document personally to the defendant. In this case, it is necessary for the person who received it (the defendant himself, or an employee of the office, if this is a legal entity) to put his full name, position, signature and date of receipt on the second copy.
Sending by registered mail with acknowledgment of receipt of the list of attachments. The inventory will allow the contents of the letter to be identified, and the notification will allow the date of receipt to be determined. In this case, it is necessary to save all postal documents and receipts.
Sending by email is possible only if these email addresses were recorded in the contract as the address for sending a claim. It is also possible to send it by email if the letter is signed with an electronic digital signature - that is, the ability to identify the sender and recipient of electronic documents is important for the court.

Referral deadlines

If the pre-trial procedure is observed, please note that filing a claim and receiving a response must take place before the expiration of the statute of limitations. The general statute of limitations is three years, but in some cases it may be less (for example, disputes under a contract - 1 year, disputes over the transportation of goods - 1 year). It is recommended not to delay and begin to resolve the dispute from the moment the circumstances of the offense are discovered, including because evidence may be lost and the defendant may change his location.

How to properly file a complaint

The complaint is drawn up in free form, written by hand or filled out on a computer and printed.

What is stated in the document:

in the upper right corner enter the first name, patronymic and last name of the official being addressed;
Below are the applicant's first, middle and last names, his residential address, and contact phone number;
step back from the header of the document, write “Complaint” in the middle of the sheet;
describe the essence of the problem in detail (not necessarily in official words, the main thing is that the seriousness of the problem reaches the addressee);
enter a phrase about the request to consider the appeal and take action on it.

When not to make noise

The times when you can or cannot make noise are specified in the law “On maintaining peace and quiet of citizens at night in the city of Moscow” and the Moscow City Code on Administrative Offenses. From 07:00 in the morning to 23:00, the noise level in apartments should be limited to 55 decibels, and at night - not exceed 45 decibels.

You should put off playing musical instruments and singing until the morning, turn down the TV volume and stop repairing. It is prohibited to make noise not only in apartments, but also in entrances, courtyards, near kindergartens, boarding schools, hospitals, on the territory of sanatoriums, hotels and hostels. The quiet law is also violated by car alarms or loud music in the car, driving with a sports muffler, fireworks and noisy construction work.

At the same time, exceeding the permissible noise level is allowed to prevent crime or traffic accidents during religious or cultural events permitted by the city.

Maximum permissible noise level

A person feels most comfortable with a noise of 30 decibels - this is a whisper or rustling of leaves. Normal human conversation is equal to 60 decibels, and the sound of an alarm clock reaches 90 decibels. With a sound of 140 decibels - such as happens when a gunshot or an airplane takes off - a person already experiences pain. And sounds above 160 decibels can cause eardrum rupture and even death.

We suggest you read: How to write a complaint to the fire inspectorate

Different places in the capital have their own permissible noise level. For example, near residential buildings during the day it should not exceed 70 decibels, and at night - 60. In the wards of hospitals and sanatoriums, a level of 50 decibels is allowed during the day, and only 40 at night.

In educational institutions, the maximum permissible noise level at any time of the day is 55 decibels.

Specialists of the State Budgetary Institution “Mosekomonitoring” should regularly monitor the noise level in the capital. The results of inspections are published on the official website.

The main sources of noise in cities are considered to be airplanes, trains, cars and construction sites.

Transport

The sound of a plane taking off can reach 140 decibels. Therefore, noise barriers are installed along airports, and aircraft takeoff and landing routes do not pass over houses. However, with the introduction of helipads in the skies over the capital, helicopters can be seen (and heard) every now and then. If air transport interferes, then you can complain about it to the capital’s Rospotrebnadzor department by phone or through the electronic reception.

During the construction of railways, subway lines and highways today, noise barriers and noise reduction systems are installed, “quiet” rails and silent trains are being developed. If even modern windows cannot protect your apartment from road noise, then you should contact the electronic reception desk of the capital’s Department of Natural Resources and Environmental Protection.

Construction is no reason to make noise

Construction workers can only carry out noisy work from 07:00 to 23:00. If this requirement is violated, you can safely complain to the Department of Natural Resources.

Garbage removal

You need to complain about noisy garbage collection at night to the Association of Administrative and Technical Inspections (OATI). This can be done by contacting the electronic reception or sending a letter by mail.

Renovation next door

Since 2020, new rules for carrying out repair work in residential buildings have been in force in the capital. Knocking, sawing and buzzing on Sundays and public holidays is now prohibited. On weekdays and Saturdays, repairs can be carried out from 09:00 to 19:00 with a quiet hour break from 13:00 to 15:00.

The only exception is for new buildings: for a year and a half after the completion of the house, residents can make repairs during daylight hours without interruption.

In addition, from 23:00 to 07:00 you cannot listen to loud music, sing or play musical instruments in the apartments. You will have to give up moving furniture, dancing and active games with animals or children, so as not to disturb the neighbors below.

If your neighbors’ renovations or noisy gatherings constantly drag on until late, then you should call the local police officer or call the police. Employees will conduct a preventive conversation with violators and, if necessary, draw up a protocol.

You can also contact the police if the source of noise is in the entrance, in the yard or at a nearby construction site.

When neighbors knock a lot and clearly break walls, you can contact the Moscow Housing Inspectorate and check the legality of such repairs. To do this, you need to personally bring the application to one of the territorial divisions of the inspectorate or send it by email. You can contact the online reception or meet in person with the heads of district offices.

If you are planning to start renovations yourself, we advise you to meet with your closest neighbors and discuss the time and days on which noisy work is planned. It is also worth warning neighbors about upcoming noisy holidays. This method will avoid their dissatisfaction and find a compromise solution for everyone.

Complaint to the management company

If your neighbors are remodeling, where should you complain about them first: to the management company.

What to include in your application:

that you are the owner or tenant of an apartment (indicate apartment number) located in a building (indicate house number) on the street (indicate street);
describe what your neighbor (indicate, if you know, his last name, first name, patronymic) is doing in his apartment;
if you know what specific work he does, please indicate;
if you don’t know, indicate concerns that illegal redevelopment is being carried out and ask to check the legality of such work.

Draw up a document according to the following example:

The paper is drawn up in two copies: one is handed over to the management company, and the second is kept at home. On the applicant’s copy, the secretary of the receiving management company puts a stamp with the date the application was accepted and the number assigned to it. You will need the document if your request has not been answered. It will prove the fact of your appeal and the inaction of the company’s employees.

The management company is obliged to respond to the appeal. If your paper remains unanswered and the company employees do not want to solve the problem, contact the housing inspection.

Principles and types

Pre-trial settlement involves resolving the conflict before filing a claim, that is, reaching an agreement through contractual means. Many lawyers advise always resorting to this method, since it is effective. In order to convey your position on a controversial issue to the other party, it is advisable to immediately send a written document - a claim or warning. Oral negotiations do not always have the desired effect, and in addition, it is impossible to refer to them later.

Conventionally, conflict resolution before trial can be divided into several types:

Voluntary claim procedure. It is a fairly effective settlement tool in the field of civil relations and is recommended both for consumers of goods and services and for companies in business transactions. If successful, the applicant saves money and time, otherwise he can refer to an attempt at voluntary reconciliation in court. As a rule, such actions place the judge in favor of the plaintiff.

Please note: in disputes about the protection of consumer rights, compliance with the claim procedure is not mandatory, but it is advisable to implement it - if it comes to court, for failure to fulfill the requirements voluntarily in favor of the consumer, a fine of 50% of the awarded amount will be collected.

Mandatory pre-trial procedure. Legislation in some cases stipulates that going to court is possible only after the time for responding to a claim or warning or refusal to comply has expired. Except for cases provided for by law, compliance with pre-trial settlement may be specified in the contract. Therefore, before filing a claim, it is recommended to check the rules governing this area of law (since they change regularly), and also carefully read the contract (as a rule, the conflict resolution clause is contained at the end of the document).
Mediation. It is an independent type of activity aimed at resolving conflicts in civil legal relations; is regulated in detail by a separate law No. 193-FZ of July 27, 2010. A mediator is a specialist who is not related to the judicial or law enforcement system, and is also independent of the parties to the dispute. Its activity is to build a legal algorithm for resolving the conflict that will suit both parties. The mediation procedure can be prescribed by contract, or can be introduced by agreement of the parties after disagreements arise. The introduction of mediation suspends the statute of limitations in the case, and is also the reason for postponing the trial for up to 60 days (Article 169 of the Code of Civil Procedure of the Russian Federation).

Mandatory pre-trial settlement

It is legally required to comply with the claims procedure in the following areas of legal relations:

If the prescribed procedure is not followed, further appeal to the court will be impossible, since the statement of claim will be returned or left without consideration (Articles 135, 222 of the Code of Civil Procedure of the Russian Federation).

Important: the time period allotted to the second party to respond to the claim can be specified in the relevant legislative norm (in most cases it is 30 days); in other cases, the law uses the wording “within a reasonable time”, which is determined by the sender himself. In general, 10-14 days are provided for sending a response.

Stages

The claim settlement algorithm includes several steps.

Legal analysis of the situation - for this you need to familiarize yourself with the rules governing this area of the law, as well as the provisions of the contract. This will make it possible to determine whether compliance with the claim procedure is mandatory, and what deadlines are provided for receiving a response.
Preparation and submission of the claim document is the most important stage. A well-drafted claim can be a decisive argument in a legal conflict.
Expiration of the deadline for a response (it begins to run from the date of delivery of the postal document).
If the other party has agreed to peacefully resolve differences, the participants agree on the nuances of solving the problem (for example, draw up a payment schedule, make an additional agreement to the contract, terminate the deal, etc.). At this stage, negotiations take place, the result of which should be documentary evidence, since an oral agreement has no legal force.
If a response is not received within the specified period, or it does not satisfy the applicant, an application to the court should be made.

Important: it is necessary to save all documents indicating the progress of the claim settlement: a copy of the claim itself, postal receipts, response, etc.

Complaint to the housing inspection

The appeal is drawn up similarly to the sample for the management company. If possible, make a collective complaint: it will be responded to faster. The inspectorate conducts an investigation based on the complaint. The violator has the right to apply administrative sanctions: oblige him to legalize the redevelopment or return the apartment to its original condition if the repair process threatens the safety of the remaining residents.

If the housing inspection did not react or did not see anything illegal in the actions of the owner of the renovation, where to complain about the neighbors’ illegal redevelopment: to the district prosecutor’s office.

How to detect

Detection of the fact of redevelopment can occur in the following cases:

when changing adjacent structures, which led to a deterioration in the state of sound insulation and ventilation between apartments;
when carrying out redevelopment that violates construction and technical standards, which caused accidents or failure of public communications;
as a result of an inspection by employees of the management company of plumbing or taking data from meters located in residential premises.

Complaint to the prosecutor's office

You can file a complaint with the prosecutor’s office directly, without first contacting the housing inspectorate. In this case, there is a possibility that your application will be denied (they will initially recommend contacting the housing inspectorate). This option is also practiced: write a paper to the housing inspectorate and indicate in the text of the appeal that a copy of the complaint has been sent to the prosecutor’s office. With this approach, you don’t even jump over steps, and you give greater respectability to your address.

When the prosecutor's office is contacted after contact with the housing inspectorate, the organization's official response is attached to the complaint. If an apartment with illegal renovations was inspected by housing inspectors, attach an official inspection report.

Documents are submitted personally to the secretary, at a reception with the prosecutor, or sent by registered mail (the shipping receipt is kept).

The prosecutor's office is conducting an investigation into the complaint. If illegal actions are discovered, a criminal case will be opened or the case will be referred to the court so that it will be obliged to eliminate the identified violations.

In what cases can an uncoordinated redevelopment be legalized?

If it is discovered that illegal redevelopment has been carried out, the following may file a complaint:

neighbors (for example, if construction noise can be heard from the neighbors’ apartment for a long time);
employees of the utility service provider (illegal changes can be detected, for example, when checking the sewage system in an apartment);
BTI employees in the case when the owner decided to sell the illegally altered residential premises.

What is the price

order a house remodeling project

Is it possible to get help in remodeling an apartment for free? Find out here.

Let's consider the situation from a different angle, what to do in case of illegal redevelopment, where to complain if there are suspicions of redevelopment in a neighbor's apartment? You don’t need to immediately contact the housing inspector; first of all, talk to your neighbor; as a rule, if he has the appropriate permission, he will show it to you.

We suggest you read: What action should a pregnant girl who has been abandoned by her man do?

There are cases when neighbors fundamentally do not want to show documentation (by the way, they have the right to do this, since you are not a housing inspector), then you need to contact the inspection of your area with a request for permission to redevelop your neighbor’s residential premises. If the relevant documentation is missing, then you can file a complaint about the redevelopment of the apartment.

Important! Unauthorized redevelopment of a neighbor is not always the case when you need to take care of maintaining friendship with neighbors, since redevelopment carried out in violation, without approval, especially if it affected the supporting structure, can cause an emergency situation that poses a threat to the lives of all residents of the house .

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

You can complain to government authorities, for example, to the Housing Inspectorate at the location of the property, the prosecutor's office, or the court.

The owner against whom the complaint was received is sent a notice of the date and time of arrival of the inspection commission.

Once the letter is received, the homeowner can respond in two ways.

Let representatives of the management company into the apartment and show permits for the work performed or demonstrate that no redevelopment was carried out.
Don't let the commission into the apartment. In this case, the Criminal Code sends a complaint on its own behalf to the Housing Inspectorate.

Any neighbor can complain to the Housing Authority.

The complaint must indicate:

who complains;
address of the property where illegal redevelopment is allegedly made;
list the grounds for the complaint;
What are the losses?

In response, the housing estate sends a notice to the owner of the disputed apartment indicating the date and time of the inspection.

Where can

order home remodeling

What are the possible risks when buying an apartment with illegal redevelopment? Find out here.

If the home owner commission is not present at the first visit, the notification is sent again.

Response options:

not allowing the commission into the apartment, which will serve as a basis for the housing estate to take the case to court;
send a commission to inspect the home. If an illegal redevelopment is detected, the inspector will draw up a report and issue a fine in the amount of 2.5 thousand rubles. After paying it, the owner of the property is obliged to legalize the changes made within six months.

If the commission did not find anything illegal, but cracks appeared on the wall separating the apartments, then subsequent actions may be more stringent. For example, contacting the prosecutor's office.

To the prosecutor's office

Otherwise, you may receive a reply that such questions must first be addressed to the Housing Authority. It is also necessary to provide evidence of the information presented (otherwise the prosecutor’s office may regard the appeal as slander).

There are several ways to send a complaint to the prosecutor's office:

bring it to the secretariat in person;
submit at an appointment with the prosecutor;
send by registered mail with notification and a list of enclosed documents (the delivery receipt must be kept in case of trial).

After receiving the complaint, a prosecutor's investigation will be carried out based on what is stated in it.

After this, the papers are most often sent to the court, which then orders that the violations be eliminated within a certain period.

Sometimes, during the proceedings in the authorities, the owner manages to sell the apartment, but the court does not recognize the new owner as a defendant.

Most often, if neighbors have made illegal redevelopment, it is the affected residents of the house who go to court.

At the same time, responses to complaints to housing and the prosecutor's office are attached to the claim. The statement of claim is also accompanied by documents informing about the condition of the apartment before and after renovation. This allows you to confirm the presence of violations of building codes and regulations.

As a result of housing reconstruction, emergency situations may arise.

For example, a burst gas pipe or sewer, flooding, clogged ventilation. In this case, for each fact, an inspection report and an expert opinion are drawn up, which indicates the cost of eliminating the consequences. The claim must set out demands for elimination of violations and compensation for damage.

Lawsuit

The housing inspectorate, the prosecutor's office, or directly the citizens themselves, who suffer from the illegal renovation of their neighbors, file lawsuits against illegal redevelopment.

If the problem of the residents has not been resolved by either the housing inspection or the prosecutor’s office, where should citizens report the illegal redevelopment of the apartment: to the court. This is a condition for compliance with the pre-trial settlement procedure. In other words, the court is the last resort. Before turning to him for help, you will have to try all other available means of influence.

Documents describing the housing before and after the start of redevelopment are attached to the application to the court. If possible, attach the results of an examination confirming the damage caused to neighbors’ apartments (or indicate the possibility of causing damage during illegal repairs).

How to find out if work has been approved or not

Carrying out illegal repairs, in addition to negative consequences for the owner himself, also poses a danger to other residents of the building, since it can provoke:

deterioration of the building structure (cracks in the walls, decreased sound insulation, poor ventilation);
emergency condition of sewerage or water supply and heating systems.

Not all work needs to be coordinated, but some, in an effort to make living in an apartment more comfortable, demolish load-bearing walls or combine a living room with a kitchen.

Consequences of illegal redevelopment:

collapse of the house as a result of the demolition of a load-bearing wall;
the affected ventilation system will worsen the living conditions of all residents in the entrance;
moving heating radiators to the balcony will cause neighbors to freeze, as the efficiency of the heating system will decrease;
connecting and moving a gas stove can only be carried out by specialists from the relevant service; doing this on your own is dangerous;
combining a kitchen with a gas stove and a living room will create a direct threat to people’s lives;

We suggest you read: What to do in case of violations during the examination

Before you complain, you need to find out for sure that the apartment next door is undergoing illegal redevelopment, and not cosmetic repairs. You can make sure by asking your neighbor to show permission for the work being done. Having received a refusal, it is advisable to go to the Housing Inspectorate, where there will certainly be copies of such documents. If they are not there, the redevelopment is being done illegally.

Having realized that this is an illegal redevelopment of the apartment, where should I complain?

You must decide whether to contact the Housing Inspectorate, the Criminal Code, the prosecutor's office or the court after carefully considering your own actions.

To legalize the redevelopment, you must submit an application to the architectural department of the local municipal authority indicating the date and scope of work performed.

The application is reviewed within 45 days. At this time, technicians from the BTI will come and inspect the redevelopment. If there are no violations, the BTI will issue a new registration certificate for the apartment with the changes made.

In this case, the owner acts as the plaintiff, and the BTI representative acts as the defendant.

If you lose the trial, you will have to pay a fine and return the apartment to its original appearance.

When and how will the application be responded to?

A written appeal to the housing inspectorate is considered within 45 days from the date of submission. During this time, a commission visits the apartment, checks the applicant’s words, and clarifies the features and technical side of the redevelopment.

The prosecutor's office has 30 calendar days from the date of application to consider the complaint:

the prosecutor's office conducts an investigation into the complaint;
rejects the appeal if it is found to be unfounded;
rejects the complaint with instructions to address this issue to the housing inspectorate (if the citizen did not initially contact it for help).

The court considers the complaint within 30 calendar days from the date of application.
The court is the last authority where it is recommended to complain about the redevelopment of your neighbors’ apartment. They go to court only after they have failed to resolve the issue through the housing inspection or the prosecutor's office. comments powered by HyperComments

Reconstruction of apartments and houses - legislative framework

Reconstruction is a change in the parameters of a structure and technical properties. In other words - major repairs (glazing of loggias and balconies, arrangement of doorways, restoration of the external part of the house).

In such matters, it is necessary to refer to the Housing Code of the Russian Federation. This is the Housing Code of the Russian Federation, which regulates some important points:

How to arrange a redevelopment;
rules;
why and how to legitimize perestroika;
independent redevelopment.

Some, without receiving legal permission, begin to independently change their living space. This is called unauthorized redevelopment, which means it is an illegal activity.

The consequences can be quite serious:

Fine;
the obligation to restore the premises to their original condition;
litigation.

Reference! According to Article 29 of the Housing Code of the Russian Federation, the owner bears administrative responsibility for the illegal redevelopment of his residential premises.

Unauthorized redevelopment cannot be done, as this poses a great threat to residents and the house. It makes it difficult to use living spaces - the basement, the entrance and even the elevator.

Important! The fine for unauthorized redevelopment for individuals is 2.5 thousand rubles. Arbitrariness in the redevelopment of legal entities - up to 300 thousand rubles.

The plaintiff may be a homeowners association or a local government body. In addition, an independent examination is carried out.

What are the differences between remodeling an apartment and a house?

It is much easier to remodel a private house, since it does not have strict rules.

Private houses are designed in such a way that during such actions the interests of neighbors are not affected.
Work in a private house - moving partitions, windows, openings, as well as adding other premises.
All engineering systems are also changing: electrical, gas, technical, etc.

Complaint about redevelopment of neighbors' apartment - where to go

A complaint about redevelopment must be formalized properly

A cap. The complaint is filed in the name of the head of the Housing Inspectorate. Below are the personal details of the applicant: full name, address and contact telephone number.
Main part. The main essence of the problem and the reasons for the appeal are indicated in this part. If there are specific signs of damage and reason to believe that they were caused by repairs in a particular apartment, they must be described, indicating its number.
Date and signature.

An application to the prosecutor's office will be the next step if the Housing Inspectorate and the management company ignored the signal about possible illegal repairs. A sample application looks like this:

A cap. This part of the application must contain information about the applicant: full name, registration address and telephone number and is written in the name of the district prosecutor.
Main part. The main part of the application must indicate the essence of the problem. Facts which, in the opinion of the applicant, should be examined by the general supervisory authority are also indicated here. It is imperative to indicate that the housing inspection and management company did not respond properly and attach a response from there.
Date and Signature.

Complaining about illegal redevelopment of neighbors should be done in a certain order

Write a complaint to the management company.
Contact the Housing Inspectorate.
Write a statement of claim to the court.

Moving from one point to another is allowed only if the complaint to one authority is rejected.

Complaints and statements can be sent by mail or electronically. It is possible to submit an application to the prosecutor's office to the prosecutor at an appointment where you must make an appointment in advance.

We invite you to familiarize yourself with: Power of attorney for collection of funds

The housing inspectorate is obliged to respond to a complaint received. The response will be a message from the housing inspector about the inspection of the offender’s apartment.

An application for discovery of illegal redevelopment is submitted to the reception office of the Housing Inspectorate. It must be registered. To speed up the application review process, it is recommended to file a collective complaint from all neighbors.

The Housing Inspectorate registers the appeal and, on its basis, forms a commission for the purpose of verification. The apartment owner must be notified of the creation of such a commission.

Sample application

There is no approved application form for illegal redevelopment.

It can be written in an involuntary form, but contain certain points:

The header of the document must indicate the name of the organization to which the application is being submitted, the full name of its head, and location address. The following is a list of people who contact the company. It is important that the application subsequently contains the signatures of all persons who will be indicated as applicants.
The text of the document must describe in detail the actions of the neighbor. The arguments must be substantial and prove that the work may pose a risk of harm to the building structure and worsen the living conditions of neighbors.
If there is information on what grounds the applicant uses the apartment, this fact must be indicated in the application. It may play a role in the consideration of the application.
It is necessary to indicate in detail in which apartment, on which floor, illegal repair work is being carried out.

At the end of the application the number and signature of all applicants is indicated

If a neighbor begins to demolish walls and the interested party believes that such actions may lead to a violation of the integrity of the load-bearing structures (loss of their main function), then a claim must be filed. First of all, you should inform the house management company. This organization is responsible for the maintenance of the apartment building, as well as the integrity of its elements.

Having received a complaint from a tenant, the management company must notify the applicant in writing about the inspection carried out on the specified fact. To carry out the indicated actions, the organization sends the owner of the property in which repairs are being carried out a corresponding notification. The document contains information about the date and time of a visit to the apartment by a specially convened commission.

Further, events can develop in different ways. Sometimes the owner of square meters allows authorized persons into the property and shows them the scale of the work being carried out. In this case, the person must obtain the appropriate documentation (in cases established by law). In some situations, noise may be caused by replacing window frames and interior door frames.

The second option is to prevent the commission from entering the apartment. Thus, the citizen allows us to conclude that construction work is being carried out in violation of the norms of current legal acts. In this case, the complaint is forwarded to the Housing Inspectorate. It is in the interests of the owner to prevent such a development of the situation. Otherwise, it will no longer be possible to resolve the problem amicably.

A claim sent to the supervisory authority can be filed either by the management company or by third parties who are neighbors of the owner causing discomfort to others. The text should list basic information about the originator and the reasons for contacting the department. The situation must be described in as much detail as possible, preferably including photographs of cracks in the wall and other defects caused by construction activities. An additional advantage will be the signing of the claim by several residents of the house (collective document).

After receiving the document, the authorized body notifies the owner of the apartment about the upcoming inspection. This procedure is very similar to that carried out by a house management company. If the owner does not open the door at the time specified in the document, the notification will be sent again. Next, there are two possible options.

The first is that the owner interferes with the inspection organized by the commission. In practice, this rarely happens, but it does occur. Repeated refusal to comply with the requirements of the Housing Inspectorate leads to the fact that the body withdraws the statement of neighbors or the Criminal Code from processing and transfers it to the court. Further, the situation worsens, and the owner of the square meters risks being left without housing. It can be sold by court order at auction with a preliminary return to its original condition at the expense of the repair initiator.

The second is the commission’s permission to view the living space. If violations of building codes are detected, the inspector will draw up a report and impose a fine of 2.5 thousand rubles. After payment of the latter, the owner undertakes to legalize the redevelopment or bring the housing into the proper condition according to the technical documentation. To legalize the redevelopment, you will have to act quickly, since the time provided for the implementation of the event does not exceed six months.

Important! Sometimes a Housing Inspectorate check does not lead to a positive result. Then, if you have strong evidence of damage to property (walls), you should contact the prosecutor's office.

Question:

Where to complain about illegal redevelopment of neighbors in Moscow?

Answer:

If a lot of noise is created during repairs, and citizens believe that parts of the supporting structures are being dismantled in the apartment, then they have the right to write a complaint to the Moscow Housing Inspectorate. The authority will check the legality of the redevelopment in accordance with the current procedure. If residents do not want to contact the structure in writing, then they have the right to file a claim at a personal meeting with the department’s management or through the “Our City” website. Regardless of the method of filing a complaint, a response will be given within the time limits established by law.

This department considers the application drawn up taking into account the previously outlined rules. In this case, the citizen must independently exclude the possibility of the authority’s unsubscribe by contacting the Housing Inspectorate first. In the complaint drawn up for the prosecutor's office, it is necessary to describe the fact that the complaint was previously filed with the industry body, as well as the Criminal Code. In this case, it is better to attach old letters with answers to them. It would be useful to present an apartment inspection report (if available).

Any person has the right to complain to the prosecutor's office if his legal rights and interests have been violated by third parties. This provision is enshrined in the Federal Law of January 17, 1992 No. 2202-1. Therefore, a claim against neighbors regarding illegal redevelopment must be accepted by the authority.

The documentation is submitted to the secretariat, at the prosecutor's reception or by registered mail with acknowledgment of receipt. The certificate of dispatch must be kept. It will be needed if the case goes to trial. Upon receipt of the complaint, the authority conducts an investigation. If the actions of the owner of the living space led to damage to third parties and caused a threat to a person, then the case will be transferred to the Ministry of Internal Affairs.

Responsibility

Every owner of a residential property, when carrying out redevelopment, should think about the possible consequences of illegal actions with the property.

After the Housing Inspectorate receives a statement regarding the fact that uncoordinated work has been carried out, a commission will come to the apartment. Based on the inspection of the premises, they will draw up a report.

It will have to reflect all violations that were made during the repair process.

The liability for the premises owner is to impose a fine. It can reach 2500 rubles. But these are not all the penalties against the owner who has violated the law.

In accordance with the issued instructions, the owner will have to return the premises to their original appearance. He is given six months to do this. If these instructions are not followed, the housing inspection has the right to go to court.

In this case, all legal costs will be paid by the owner himself.

The apartment can be forcibly seized and sold at auction. The owner will be transferred funds only minus the costs that are necessary to carry out the restoration.

Important! If illegal redevelopment causes the building to collapse, the owner faces imprisonment for up to 12 years.