Consent of a family member of the tenant occupying residential premises on the basis of a social rental agreement to the local government body of the municipality for reconstruction and (or) redevelopment

Apartment owners often make a number of mistakes during renovations, which can cause what they consider to be an insignificant redevelopment to be declared illegal. The consent of neighbors for redevelopment is often required, however, today there is no universally applicable specific list of works requiring consent.

For example, if the redevelopment does not affect common property, then the consent of neighbors is not required, but in some cities of the country, in order to legitimize certain types of work, confirmation of neighbors is required (moving the kitchen to another part of the apartment, installing a sewer pump, etc.).

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It should also be remembered that if a communal apartment is subject to redevelopment, then the consent of all its owners or persons living under the terms of a social tenancy agreement is required. It does not matter whether common house systems will be affected or not.

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• When renovating common areas. For example, the owner decided to equip a vestibule. Since he is “borrowing” part of the common area, he will need to obtain the permission of all the inhabitants of the staircase.
• When changing the facade of a building. For example, when increasing the area of ​​the balcony or changing the location of the window, as well as when equipping a separate entrance to the apartment.
• When rebuilding the sauzla. For example, if the owner wants to swap the toilet and bathroom, or add a bathroom to the hallway. It should be taken into account that you cannot install bathrooms above living rooms, even if the neighbors do not mind.
• When combining an apartment and an attic space , that is, turning the apartment into a two-level one. The attic is a common area of ​​the house, so it is necessary to obtain the consent of all owners of the house, as well as the management company.

Correct sequence of actions

To obtain approval, you must complete the following steps:

1. Ordering a technical passport for an apartment.
2. Preparation of a project or sketch (depending on the complexity of the work).
3. Coordination of redevelopment with residents (it is necessary to go around the entire house, and not just one entrance).
4. Obtaining permission to carry out construction work.
5. Construction works.

How transfer to non-residential stock or redevelopment is carried out is described below.

You can find out where to complain about illegal redevelopment here.

There is no need to rush into the construction phase before obtaining permission. There are often cases when, upon discovery of unauthorized redevelopment, the tenant of the apartment was called upon to return everything to its original state. According to current legislation, unauthorized redevelopment is punishable by a fine, and you should not risk starting work without the consent of your neighbors.

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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If the living space belongs to a person as property, then he has the right to do any manipulations with it. He can also carry out redevelopment. If these changes do not violate the rights of neighbors, then they must be coordinated not with those who live nearby, but with representatives of the Housing Inspectorate.

Only experts can assess whether the changes made will affect the living space and its technical characteristics. Official consent may be required from neighbors only if the layout of a communal apartment is changed or if the changes affect common property in an apartment building.

Obtaining consent for apartment redevelopment

• dismantling and changing the location of partitions of load-bearing structures;
• changing the location of door openings and their arrangement (in load-bearing structures);
• increasing or decreasing the number and size of rooms in multi-room apartments;
• equipment of additional kitchen rooms or bathrooms;
• increasing living space by reducing the size of auxiliary rooms;
• reconstruction and installation of vestibules;
• arrangement of entrances to kitchens through living quarters.

Application for redevelopment of an apartment

Application for redevelopment of an apartment. is an official appeal by several persons or one citizen to an official, a state body, the administration of an institution or a local government body in relation to an apartment. An application, unlike a complaint, is not related to a violation of his legitimate interests and rights and does not contain a request to eliminate such a violation, but is aimed solely at realizing the interests and rights of the applicant or eliminating any shortcomings in the work of enterprises, organizations, institutions. Applications can be submitted either orally or in writing. The procedure for their consideration is similar to how complaints are considered.

GUARANTEE:

See this in the MS-Word editor Approved by the Government of the Russian Federation dated April 28, 2005 N 266 Application form for reconstruction and (or) redevelopment of residential premises In __________________________________________ (name of local government ____________________________________________ municipal entity) Application for reconstruction and (or) redevelopment residential premises from ______________________________________________________________________________ (indicate the tenant, or the tenant, or the owner of the residential __________________________________________________________________________ premises, or the owners of residential premises located in the common ______________________________________________________________________________ ownership of two or more persons, if none of the owners __________________________________________________________________________ or other persons are authorized in the prescribed manner to represent their __________________________________________________________________________ interests) __________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Note.

For individuals, indicate: last name, first name, patronymic, details of the identity document (series, number, by whom and when issued), place of residence, telephone number; for a representative of an individual, the following must be indicated: last name, first name, patronymic of the representative, details of the power of attorney, which is attached to the application.

For individuals, indicate: last name, first name, patronymic, details of the identity document (series, number, by whom and when issued), place of residence, telephone number; for a representative of an individual, the following must be indicated: last name, first name, patronymic of the representative, details of the power of attorney, which is attached to the application. For legal entities, the following shall be indicated: name, legal form, location address, telephone number, last name, first name, patronymic of the person authorized to represent the interests of the legal entity, indicating the details of the document certifying these powers and attached to the application.

Location of the residential premises: _________________________________ (full address is indicated: _________________________________________________________________________ subject of the Russian Federation, municipality, settlement, ________________________________________________________________________ street, house, building, building, apartment (room), entrance, floor) __________________________________________________________________________ Owner(s) of the residential premises: ___________________________________ _________________________________________________________________________ _________________________________________________________________________ I request permission to _____________________________________________________ (reconstruction, redevelopment, redevelopment and ________________________________ of the residential premises occupied for redevelopment - please indicate) on the basis of ________________________________________________________________ (ownership rights, tenancy agreements, lease agreements - required _________________________________________________________________________, please indicate) in accordance with the attached project (project documentation) of reconstruction and (or) redevelopment of residential premises. The period for carrying out repair and construction work from “__” _______ 200_.

to “__” ________ 200_ The mode of repair and construction work is from _____ to _____ hours on ______________________ days. I undertake to: carry out repair and construction work in accordance with the project (project documentation); ensure free access to the site of repair and construction work for officials of the local government body of the municipality or a body authorized by it to check the progress of work; carry out work on time and in compliance with the agreed work schedule. Consent for reconstruction and (or) redevelopment was received from the adult family members living together of the tenant of the residential premises under a social tenancy agreement dated “___” ____________ _____.

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N ________: N last name, first name, patronymic Identity document (series, number, by whom and when issued) Signature Mark on notarization of signatures of persons 1 2 3 4 5 * Signatures are placed in the presence of the official receiving the documents. Otherwise, a written consent of a family member must be submitted, certified by a notary, with a mark to this effect in the application. The following documents are attached to the application: 1) _________________________________________________________________ (indicate the type and details of the title document for the _________________________________________________________________________ residential premises being rebuilt and (or) replanned (with a mark : ___________________________________________ on ___ sheets; original or notarized copy) 2) project (project documentation) for the reconstruction and (or) redevelopment of residential premises on _____ sheets; 3) technical passport of the residential premises being rebuilt and (or) replanned on ______ sheets; 4) the conclusion of the body for the protection of architectural, historical and cultural monuments on the admissibility of reconstruction and (or) redevelopment of residential premises (submitted in cases where such residential premises or the house in which it is located is an architectural, historical or cultural monument) on _____ sheets; 5) documents confirming the consent of temporarily absent family members of the tenant for the reconstruction and (or) redevelopment of the residential premises, on ______ sheets (if necessary); 6) other documents: _________________________________________________ (powers of attorney, extracts from charters, etc.) Signatures of persons who submitted the application: “__” __________ 200_

Otherwise, a written consent of a family member must be submitted, certified by a notary, with a mark to this effect in the application. The following documents are attached to the application: 1) _________________________________________________________________ (indicate the type and details of the title document for the _________________________________________________________________________ residential premises being rebuilt and (or) replanned (with a mark : ___________________________________________ on ___ sheets; original or notarized copy) 2) project (project documentation) for the reconstruction and (or) redevelopment of residential premises on _____ sheets; 3) technical passport of the residential premises being rebuilt and (or) replanned on ______ sheets; 4) the conclusion of the body for the protection of architectural, historical and cultural monuments on the admissibility of reconstruction and (or) redevelopment of residential premises (submitted in cases where such residential premises or the house in which it is located is an architectural, historical or cultural monument) on _____ sheets; 5) documents confirming the consent of temporarily absent family members of the tenant for the reconstruction and (or) redevelopment of the residential premises, on ______ sheets (if necessary); 6) other documents: _________________________________________________ (powers of attorney, extracts from charters, etc.) Signatures of the persons who submitted the application: “__” __________ 200_ ____________________ ______________________________ (date) (signature of the applicant) (decoding of the applicant’s signature) “__” __________ 200_

____________________ _______________________________ (date) (signature of the applicant) (transcript of the applicant’s signature) “__” __________ 200_ ____________________ _______________________________ (date) (signature of the applicant) (transcript of the applicant’s signature) “__” __________ 200_

____________________ _______________________________ (date) (signature of the applicant) (decoding of the applicant’s signature) —————————— * When using residential premises on the basis of a social tenancy agreement, the application is signed by the tenant indicated in the agreement as a party, when using residential premises for on the basis of a lease agreement - by the tenant, when using residential premises on the right of ownership - by the owner (owners).

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (the following positions are filled in by the official who accepted the application) Documents are submitted to reception "__" __________________ 200_ g.

Incoming registration number of the application ______________________________ A receipt was issued for receipt of documents “__” __________________ 200_ N _______________ The receipt was received by “__” __________________ 200_ ______________________________ (signature of the applicant) ________________________________________ (position, full name

______________________________ (signature of the applicant) ________________________________________ (position, full name

________________________________________ ___________________ of the official who accepted the application) (signature)

Sample consent of owners for redevelopment of an apartment or non-residential premises

• the owner’s consent must necessarily indicate confirmation that the other owner was previously notified of the planned renovation work and does not express any objections to the other owners of the apartment carrying it out;
• the owner’s consent to carry out repair work must be formalized through a notary;
• in the vast majority of cases, the procedure for obtaining the owner’s consent is carried out on the day of application, while the cost of providing this service will directly depend on what tariffs are set by a particular notary office;
• there is no validity period for this document, unless its text states otherwise;
• the need to obtain the owner’s consent to carry out redevelopment is required in order to subsequently coordinate repair work with the relevant city authority.

Procedure for making changes

For each type of real estate, standards and norms have been developed in accordance with which construction operations can be carried out.

The legislator has established a procedure according to which it will be necessary to prepare not only documents, but also obtain various permits in stages:

• If the redevelopment has already been done, then you will have to invite a specialist from the Housing Inspectorate, he will testify about the violations, after which the owner will be able to receive his registration certificate for the apartment from the BTI, but with red lines. You will also have to order a floor plan for the entire house.
• It will be necessary to order a project (sketch). If repair work has not yet been carried out, then this stage will be the first for the owner. Then the project will have to be coordinated with the Housing Inspectorate and receive from them a technical opinion on the list of works that can or cannot be carried out in this room.
• Based on the project, it will be possible to carry out a redevelopment, then invite an inspector from the Housing Inspectorate and receive a certificate of completion of the work.
• You will also have to separately call employees of such regulatory authorities as the Ministry of Emergency Situations, SES, Rospotrebnadzor, Energonadzor, etc., they are required to give a conclusion that the premises comply with fire safety, sanitary standards, etc.
• The final approval for redevelopment is issued by the interdepartmental commission (IMC). When she signs the permit, she can receive a new registration certificate from the BTI, and then enter information about the premises through the registration chamber into the database to obtain a new certificate of ownership.

The necessary documents that will have to be prepared to complete the procedure include:

• an application from the owner or an authorized representative; in the second case, a notarized power of attorney will also be required;
• a document on the right to property or a social tenancy agreement (lease);
• from a citizen a passport, and from a legal entity statutory documents for an enterprise;
• consent of co-owners living in the premises, neighbors;
• registration certificate;
• if this is a private house, then you will need documents for land ownership;
• design documentation;
• others, their list may vary depending on the region, where the rules are set by the local municipality.

Sample consent of neighbors for redevelopment

Apartment redevelopment: where to start with paperwork? Whose consent is required?

1. Glazing of balconies equipped with fire escapes. In addition, you cannot dismantle the fire escape located on your balcony.
2. Transferring heating radiators to the balcony and installing heated floors using the house's communications.
3. Demolition of the window sill block, load-bearing partitions and threshold when combining the balcony with living quarters.
4. Installation of a fireplace in a panel house.
5. Demolition of load-bearing walls, as well as the installation of openings in them, as well as the installation of openings, arches, and niches in them.
6. Transfer of the bathroom to premises located above the living area of ​​neighboring apartments.
7. Combining a kitchen with a gas stove with a living space.

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