Coordination of demolition of walls and installation of openings

Load-bearing wall and redevelopment

An opening in a load-bearing wall during redevelopment is a very common type of repair. Many owners have a desire to combine, for example, a kitchen and a room, thereby increasing the bathroom area.

Such work requires the mandatory development of a technical report, since illiterate interference with load-bearing structures can lead to an emergency condition of a wall, apartment, or even a house.

After constructing the opening, in most cases it is necessary to strengthen it (an exception may be, for example, apartments with specially organized design niches there).

During redevelopment, demolition of a load-bearing wall is strictly prohibited. If you nevertheless carried out such demolition without approval or made an opening in a load-bearing wall without technical specifications and larger than allowed, then you will have to pay a fine and, at your own expense, return the wall to its original form.

So, approval of the redevelopment of load-bearing walls, if it is necessary to cut out an opening, is possible, just as any permitted redevelopment of an apartment is possible without demolishing the load-bearing walls.

Redevelopment of non-load-bearing walls

As everyone knows, in addition to load-bearing walls, there are non-load-bearing partitions in the apartment. In most cases, redevelopment of non-load-bearing walls in an apartment is permitted.

If you have a question about whether it is necessary to coordinate the redevelopment of non-load-bearing walls, the answer will be positive, since dismantling or changing any non-load-bearing partition is a change in the original layout of the apartment, stated in the technical passport.

And, again, if you did an uncoordinated redevelopment involving a non-load-bearing partition, then it is necessary to legalize the redevelopment of the non-load-bearing wall. Therefore, if you need to carry out any work on non-load-bearing walls, then approval of such redevelopment is required.

It is impossible to do without load-bearing walls in an apartment, since they act as a “support” for the entire structure of the building, but you can do without non-load-bearing walls.

Such dismantling of walls during redevelopment is done to increase the area of ​​living rooms and to combine rooms. Many residents, through such redevelopment of the walls in the apartment, turn the room into a kind of studio. But it is worth noting that such redevelopment of walls in a panel house will be quite problematic because most of the walls of panel houses are load-bearing.

In addition to dismantling non-load-bearing walls, it is also possible to erect new ones. Such redevelopment of walls in an apartment is often carried out to create a vestibule, wardrobes, to break up a room and separate work and leisure areas in a room.

An example of a partition installation diagram in a redevelopment project:

Coordination of wall redevelopment

Coordinating the redevelopment of walls in an apartment is a mandatory procedure. Whether you needed to move a door in a wall during redevelopment, or you need redevelopment of the main walls - in any case, you need to go through the approval procedure.

As with any similar repair, the redevelopment of the walls in the apartment is agreed upon gradually, visiting the necessary authorities (BTI, the author of the house project, design organizations, etc.), collecting a set of documents (ownership rights, applications, permits from the necessary organizations, technical passport of the premises, project redevelopment, etc.) and obtaining permission from the Moscow Housing Inspectorate. When remodeling load-bearing walls, it is necessary to develop a technical report from the author of the house project.

What redevelopment can be done without permission?

• Apartment renovation is not always associated only with re-sticking wallpaper and replacing windows and doors.
• Having learned what kind of redevelopment can be done without permission, it makes sense to allow yourself a little more than standard cosmetic procedures.
• Sometimes it is necessary to remove some structures to free up space or change its layout differently.

When permission is needed

Many apartment owners believe that they can do whatever they want with their property. This is only partly true: since the apartment is located in a multi-story building, it is also part of the entire building.

When building a house, engineers take into account a huge number of nuances, thanks to which the building remains standing and does not collapse. This includes the load-bearing capacity of the walls, the depth of the foundation, the calculation of utilities, ventilation, heating and other important points.

If these details are not taken into account during repair work, this can lead to unpredictable consequences. For example, an illegal extension of a balcony on the upper floors can lead to its collapse.

Deepening the basement to increase the height (for example, if it is planned to build a store there) can provoke destruction of the foundation, and demolishing a wall can cause destruction and collapse. Therefore, serious major renovations require approval from the Housing Commission and a full check: whether subsequent changes will affect neighboring apartments or the entire building.

It is important to remember: it is impossible to hide a serious redevelopment: any ill-considered changes cause problems in the integrity of the building, which can be discovered at any time by neighbors.

This is a rather lengthy and, in some cases, expensive process that many decide to bypass.

When permission is not needed

But don’t think that any repair requires contacting the Housing Inspectorate. A large number of works can be carried out completely calmly, without fear of fines. These include:

1. Any cosmetic repairs: painting or wallpapering, replacing floors, ceilings, some external elements, if they do not affect the functionality of the building, for example, installing a new drain or installing an air conditioner, television dish, protective nets.
2. Rearrangement or removal of built-in furniture: cabinets and mezzanines, if they are not a separate room and are not specified in the technical passport. That is, it is impossible to remove the wall between the pantry and the room - it may turn out to be load-bearing.
3. Rearranging or replacing gas and water heating elements, if it is not necessary to lay additional networks, you can also rearrange the electric stove.
4. Replacing doors and windows, replacing the material of balconies and loggias: you can put a plastic window in place of an old one, but you can’t “cut through” a larger one. The same applies to glazing: it is discussed below.
5. Replacement of engineering equipment with something similar in all respects without rearranging it.

In other words, any work that does not affect the technical parameters of the apartment does not need to be legalized. It is important to remember that there are some types of repair work that do not require approval from the Housing Inspectorate, but they must be notified upon completion.

Notification without consent

In some cases, obtaining permission for redevelopment is not required, but after the renovation is completed, it is necessary to notify the Housing Inspectorate and make changes to the documents.

If this is not done, then when selling an apartment, exchanging or inheriting it, difficulties may arise due to the difference between the plan of the living space and the actual condition. Such cases include:

1. Rearrangement in the kitchen, bathroom and toilet without changing the dimensions of the premises.
2. “Cutting through” or sealing passages in walls between rooms.
3. Glazing of balconies and loggias.
4. Analysis of non-load-bearing walls.
5. Construction of additional walls, if this does not increase the load on the floor, the partitions should be fairly light.
6. Changing the shape of vestibules or eliminating them completely.

It is important to remember that demolishing walls or installing doorways in them can only be done between rooms - neighboring apartments cannot be combined in this way; this requires prior approval.

Any change that does not pose a potential threat to the entire house and neighboring apartments, but changes the overall plan, must be reflected in the BTI documents. If the repair does not affect the layout in any way and eliminates any threat, it may not be approved at all.

Please note: if it is planned to carry out global repairs, including the demolition of walls, installation of house communications and other serious work, the Housing Committee must be notified about this in advance and all changes must be agreed upon, taking into account all the nuances.

Fine for illegal redevelopment of an apartment: in 2020 – About the garden and the house

Owners sometimes decide to change their residential property, not realizing that there is a fine for illegal redevelopment of an apartment . The procedure affects not only the rights of registered citizens living in the living space, but also other owners of an apartment building.

Due to the fact that unauthorized redevelopment may pose a threat to the lives of other persons, it is necessary to obtain appropriate permission to carry out the procedure. Making changes to a residential property without the approval of authorized bodies is illegal.

Let us consider in more detail what punishment is provided for violators.

What the law says

Recently, there have been frequent cases of illegal redevelopment of apartments. Owners of residential premises arbitrarily make changes to the apartment without having permission to do so from an authorized authority.

For example, when residents try to expand a one-room apartment and make it as comfortable as possible, but they have no desire to spend time, effort and money in order to legitimize these actions.

However, not all types of repair work require a special permit.

What is a violation?

Redevelopment is considered illegal if it is carried out without prior approval and permission in case of non-compliance with Article 26 of the RF Housing Code, namely parts two and six of the law.

Part six of Article 26 of the RF Housing Code regulates that the absence of a document authorizing redevelopment is grounds for declaring the procedure illegal.

Also, redevelopment will be considered illegal if the initiator has not prepared a redevelopment project. This point is clarified by the second part of Article 26 of the RF Housing Code.

Prohibited types of redevelopment

The list of actions that can be carried out as part of repair work is set out in Resolution No. 170. Therefore, all other changes can be considered prohibited.

Redevelopment includes the following actions:

1. Re-equipment of vestibules;
2. Dismantling of partitions;
3. Formation of additional bathrooms and kitchens;
4. Transfer of partitions;
5. Relocation of doorways;
6. Elimination of dark kitchens.

What is absolutely forbidden to do?

It is prohibited to redevelop a residential property if this may lead to the following consequences:

1. Deterioration of the appearance of facades;
2. Destruction of load-bearing structures;
3. Violations in the functioning of systems and fire-fighting equipment;
4. Deterioration of the living conditions of other residents of the apartment building;
5. Violations related to the operation of engineering and technical communications.

When can you not agree on a procedure?

The following work may be carried out without permission:

1. Make cosmetic repairs to premises;
2. Replace plumbing fixtures and measuring instruments;
3. Install doors;
4. Install or change household appliances;
5. Move gas appliances if this does not require additional networks.

Fine for unauthorized redevelopment of an apartment

Today, penalties can be imposed on all individuals who have unauthorizedly carried out redevelopment without obtaining appropriate permission from the authorized authorities.

Amounts of penalties

If the fact of illegal redevelopment is identified and proven, the culprit will face a fine. This point is regulated by Article 7.21 of the Code of Administrative Offenses of the Russian Federation. The following penalties are provided:

1. For owners of living space - individuals who live in multi-storey buildings, the fine will be from 2,000 to 2,500 rubles;
2. For owners of residential areas of a different type (not multi-storey buildings), the fine ranges from one to five thousand rubles.

At the legislative level, there is no provision for liability for the lack of permission for redevelopment by administrative persons.

At the moment, fines are provided for legal entities, which range from two to five thousand rubles. This point was taken into account in Article 7.21 of the Code of Administrative Offenses after amendments were made.

In addition, the owner of the property may be required to return the apartment to its original condition. This point is explained in Article 29 of the RF Housing Code.

Deadlines

The period for making a decision by the authorized body cannot exceed 45 days from the date of acceptance of the package of papers from the applicant.

If the documents are transferred through the multifunctional center, then the period will be calculated from the moment the MFC employees transfer all documents to the municipal authorities.

Permission for redevelopment can be sent to:

• At the MFC;
• To the postal address of the initiator in the form of a registered letter.

This point is spelled out in the fifth part of Article 26 of the RF Housing Code.

Is it possible to avoid punishment?

There is only one way out to avoid punishment - preparing an application and the necessary documents for approval by the municipal authorities. You can submit papers through the MFC. After receiving a positive decision, you can safely begin the procedure.

How to legalize the procedure?

The owner of the living space has the right to apply to the court in order to preserve the apartment in its redesigned form. This point is clarified by part four of Article 29 of the RF Housing Code.

It is possible that the court will make a positive decision if the following conditions are met:

1. When changes to a residential property do not pose a threat to the lives of other citizens;
2. If there are no violations of the rights of other residents of the apartment building.

What papers will be required?

To approve the redevelopment in 2020, you should prepare the following package of papers:

• A written application filled out in accordance with the form specified in PP No. 266;
• General passport;
• Technical passport for a residential property;
• Redevelopment project;
• Documents confirming ownership of a residential property (original and copy).

Additional documents may also be required, which may include:

1. Written permission for redevelopment of all family members (in the case of a social rental agreement);
2. Coordination of authorities for the protection of historical objects and cultural monuments (when a residential building is a historical object).

To summarize, we note that the process of obtaining permission for redevelopment is quite simple. However, the decision may take one and a half months. In any case, it is better to submit the necessary documents and wait than to receive a fine for illegal actions.

Read also: Illegal redevelopment of an apartment: fines and liability 2018

© 2020, About the garden and home. All rights reserved.

(10 5,00 of 5) Loading...

Law enforcement practice and/or legislation of the Russian Federation changes quite quickly and the information in the articles may not have time to be updated. The latest and most relevant legal information, taking into account the individual nuances of your problem, can be obtained by calling toll-free 24/7:

8 ext. 284

or by filling out the form below.

Source: https://prosadidom.ru/nedvizhimost/gkh/shtraf-za-nezakonnuyu-pereplanirovku-kvartiry/

Is it necessary to legalize the redevelopment of non-load-bearing walls?

Some home improvements can be done without approval. These are works that do not affect the main structures of the house and are not associated with changes in the area of ​​the premises.

7 works for which you do not need to obtain permits:

• glazing of loggias;
• wallpapering;
• installation of air conditioners;
• replacement of plumbing equipment;
• installation of a hood;
• laying laminate;
• replacement of linoleum.

There are other improvements that can be made without notifying the authorities. But owners often want drastic changes in order to create more comfortable living conditions. What applies to reconstruction

There are certain limits of permitted behavior for homeowners. You can do a limited list of actions to repair an apartment without permission. But if your imagination goes further, you will have to think about coordinating repairs.

5 main actions that constitute a change in layout:

• combining a bathroom;
• combining the loggia and the residential area;
• moving or eliminating walls;
• installation of a shower cabin;
• transfer of heating radiators.

Redevelopment can be legitimized after the fact, but this will be more difficult to do. It is possible that the housing inspection will not approve the transformation, and the owner will have to return the property to its previous form at his own expense.

The redevelopment of the apartment is conceived with the aim of improving the living conditions of citizens. The question arises: can the structure of non-load-bearing walls be affected or not?

Simple renovations can be done without permission if you follow the basic rules.

2 actions that cannot be done without permission:

• enlarge the bathroom;
• move plumbing fixtures outside the bathroom.

After the work has been carried out, they need to be recorded in the technical inventory bureau, and then legalized through the Moscow Housing Inspectorate.

You can do without permission if non-load-bearing partitions are dismantled and then put back together again. It is allowed to improve the quality of partitions. For example, make new partitions from brick or other durable material.

At the same time, the reconstruction of the walls in the apartment will not have to be formalized if the technical passport of the BTI remains unchanged. When the configuration changes, the work requires approval.

There are several types of work that must be formalized:

• partial removal of non-load-bearing fencing;
• creation of additional partitions. For example, arranging a study or dressing room;
• removing a partition to combine the living area and kitchen;
• transformation of load-bearing structures.

Redevelopment without approval is fraught with adverse consequences. Therefore, to legalize them, you should contact the administration or housing inspection staff. The application may be submitted through intermediaries - the government center

Yes, it’s tedious to get permission, it’ll do, but no problems in the future. Article 222 of the Housing Code, which talks about unauthorized construction (don’t be fooled, demolition is the same action in terms of consequences as unauthorized construction) is strict and it is better not to fall under it.

If the plan and reality diverge, then there will be enormous difficulties in operations with your house-apartment. It cannot be sold, it cannot be donated, and a share cannot be allocated until the documents are in order. Let me give you an example from life.

Two families live in the same building, they get home from different entrances, but the property is shared, shares are not allocated.

And one of the neighbors corrects something, demolishes the internal wall, builds an extension. All! Now both owners can only pass on this treasure by inheritance. To share, you need to make a new plan, but at the same time self-development will emerge.

To redo the plan, you need a technician from the BTI to let the quot;builderquot; in, but he is always quot;not at homequot;.

It should be taken into account that built-in wardrobes may be reflected in the floor plan, which means the need to coordinate the disassembly or relocation of such furniture.

Which walls can be demolished in an apartment and which ones cannot?

Non-load-bearing walls can be demolished, but there are exceptions. The demolition of load-bearing structures is prohibited for safety reasons.

When an apartment initially has an open plan, the owner can arrange the interior walls as he wants. It is limited only by the contours of the apartment. It’s more difficult for those who got a standard layout. It is not always comfortable.

To organize a more convenient living space, you can make a redevelopment. You just need to find out in advance which walls can be demolished and which cannot. This will be discussed further.

What kind of walls are there?

Walls can be load-bearing or non-load-bearing . The first ones take on the entire load at home. In fact, not only the ceiling, but also all subsequent floors rest on them. The existence of the entire building depends on the strength of the load-bearing walls. Their destruction can lead to tragic consequences, including the collapse of the house.

Non-load-bearing structures exist only for the internal delimitation of premises and their protection from external influences. They rest only on the ceiling within the floor.

If a curtain wall does not border the street, it is called a partition wall .

Since such walls do not take on loads, they do not affect safety.

Is it possible to demolish non-load-bearing walls?

Demolition of a non-load-bearing wall will not entail serious consequences. The main thing here is to legalize the redevelopment so that the apartment remains liquid. The options may be as follows:

• dismantling the partition between the bathroom and toilet;
• demolition of the wall separating the living room and kitchen;
• partial demolition of a non-load-bearing structure (for example, dismantling a window sill block or widening a doorway).

The relocation of the wall also needs to be coordinated, even if it is decided to move it only a couple of centimeters. This will still cause a change in the graphic part of the technical passport, and, therefore, is considered a redevelopment.

You can do without approval if you only want to re-arrange the wall (for example, if it has become dilapidated or was damaged during renovation). But for this you need:

• choose a material of exactly the same thickness as it was originally;
• put the partition in the same place where it stood;
• ensure the original angle of inclination (if the wall was not exactly 90 degrees).

In this case, there will be no changes in the geometry of the living space. Even if the BTI comes to check, the redevelopment will not be discovered.

Which non-load-bearing walls cannot be demolished?

There are several exceptions, due to which restrictions are imposed on the dismantling of partitions. So, you can’t demolish:

• the wall between the living room and the kitchen, if the latter is equipped with a gas stove;
• a wall separating the room and the bathroom;
• walls separating the loggia or balcony from the room or kitchen.

The State Housing Inspectorate does not approve such redevelopment. And if BTI employees discover unauthorized changes, the owner will pay a fine. Also, with a high probability, he may be required to return the apartment to its original condition.

Is it possible to demolish load-bearing walls?

Clause 10.3 of Appendix 1 to the Decree of the Moscow Government of October 25, 2011 No. 508-PP prohibits any measures for redevelopment of premises leading to a violation of the stability of the structure of the building.

There are corresponding standards in each region. The law prohibits the demolition of load-bearing walls. This is fraught not only with a fine for the owner of the apartment and the requirement to return it to its original condition. The owner may even have his property confiscated.

But the worst thing is the risk to the life and health of all residents of the apartment building.

Are there any problems with building walls?

It would seem that building does not mean breaking, but even here not everything is clear. Additional partitions are erected to separate the rooms. The walls themselves as structures will not cause harm. But the resulting premises must comply with SNiP:

• after separation, each living space should have a window;
• it should be possible to install a heating radiator in a dedicated room;
• the living room cannot be less than 14 square meters. m in one-room and 16 sq. m – in a multi-room apartment;
• the bedroom cannot be less than 8 square meters. m;
• a separate kitchen cannot be made less than 8 square meters. m, part of the kitchen-dining room - less than 6 sq. m, niche - less than 5 sq. m.

That is, here you need to look not at what is being built, but where.

What changes will have to be abandoned?

According to sanitary and building standards, transformation of residential premises is not permitted, which is capable of:

• worsen the general operating conditions of the building and the requirements for people living in it;
• impede access to main utilities, including water supply, sewerage and energy supply networks;
• violate the strength and change the stability indicators of main walls and ceilings (to avoid destruction of the building);
• reduce the diameter of the ventilation ducts or simply remove them.

If your idea falls under any of these points, it will never be allowed. If illegal redevelopment is detected, representatives of supervisory authorities demand a complete reversal of transformations not permitted by law and will issue a fine for illegal redevelopment. Such strict rules are due to the fact that changes in the house can pose a danger or cause discomfort to those living in it.

The same applies to increasing the load on load-bearing elements in excess of what is permissible according to the design documentation:

• when installing new screeds on the floor;
• when dismantling light partitions and replacing them with floors made of heavy materials;
• when placing additional equipment in the living space.

However, some overloads of capital floors are sometimes allowed. This is possible in the case of additional structural reinforcements according to a carefully verified project, which will require significant costs and largely depends on the material from which the building is built, its service life and number of floors. So, for example, with approval, you can create a new doorway in a solid interior wall of a good-quality house.

If your idea is not on the list, the likelihood that the redevelopment will be approved is high. If no fundamental changes are expected, then the decision of the BTI with the inclusion of new indicators in the technical plan and in Rosreestr will be sufficient. If the redevelopment is significant, then a project will be required. It can also be ordered from the BTI or contact a specialized bureau.

In case of illegal redevelopment, the type of which is prohibited, it is worth trying to return the home to its previous appearance. It will still not be possible to legalize it, but an administrative penalty in monetary terms will certainly be imposed.

We suggest you familiarize yourself with U-turn at an intersection with a traffic light. Rules for turning at intersections

What redevelopment is permitted is determined by law. Do's and don'ts must be followed by apartment owners. After all, a repair team can carry out almost any project for money. But whether such actions will be legal is another question.

3 prohibited techniques for changing the layout:

• placing a bathroom above the living rooms;
• connecting floor heating to general heating systems;
• connection between the room and the kitchen with a gas stove.

If the common property is annexed, then such actions are contrary to the law. Apartment owners have the same rights to the property of an apartment building.

Actions that threaten the integrity of the building and the normal operation of engineering structures are prohibited.

Is it possible to demolish non-load-bearing walls without permission?

How to obtain permission to redevelop an apartment.

1. disaggregation of multi-room apartments,
2. transfer of electrical networks, gas and heating plumbing fixtures, etc.
3. expansion of the apartment by adding auxiliary premises,
4. partial demolition of supporting structures,
5. combining a bathroom with a toilet,
6. punching openings in load-bearing structures,
7. moving doorways,
8. combination of two or more apartments,
9. changing the size of bathrooms, kitchens, rooms and corridors,
10. installation instead of gas household electric stoves,
11. moving a bathroom or kitchen,
12. installation of additional ventilation ducts,
13. installation of additional bathrooms or kitchens,

This type of redevelopment requires the development of an architectural project; without it, coordination of work is not possible.

Features of redevelopment of load-bearing walls in an apartment

Their size depends on the volume and type of work done; unauthorized redevelopment can be legalized only if it is done without violating the law.

Otherwise, the home owner will not only have to pay a fine, but also restore it to its previous form. Many people are concerned about the question: if non-load-bearing walls in an apartment are being redeveloped, is permission required? There is no clear answer to this question.

It all depends on the type of work. Article 26 of the Housing Code states that it is not necessary to obtain permission for the following types of repair work:

if the balcony is glazed, but the appearance of the facade does not change; if doorways need to be made, moved, enlarged or reduced on non-load-bearing walls; during installation or complete demolition of partitions, if they are not load-bearing and this procedure does not overload the ceiling; to replace the shower cabin in the bathroom; for moving a gas or electric stove into the kitchen area.

For some types of redevelopment in the apartment there are certain restrictions.

What does not need to be agreed upon when remodeling an apartment?

The reconstruction includes procedures such as:

• Changes in housing parameters;
• Change of communication systems, including reinstallation of heating equipment;
• Any modifications noted in the technical and title documentation for the real estate.

Article 26 of the Housing Code of the Russian Federation establishes a list of works, the implementation of which is subject to obtaining permits from the relevant services:

• Transformation of the location of walls, windows and doorways, stairs between floors, cabinets built into structures, bathrooms and kitchen appliances, sewers and ventilation hatches;
• Changing the functionality of an object inside an apartment.

Is a permit required to demolish or move a non-load-bearing wall?

If the new wall does not affect the main floors, does not load them, and does not change the area of ​​the apartment, its construction is not classified as redevelopment, but as repair or reconstruction work. No permitting documentation is required. And to legalize it, you don’t need to contact the housing inspectorate. It is enough to communicate with BTI specialists.

No approvals are required at all if your partition can be easily disassembled. Even when selling an apartment, if the structure is not needed by the new owner, it will simply be dismantled.

Is it possible to demolish a non-load-bearing wall without permission?

Until such a fact is discovered, nothing threatens the owner of the rebuilt apartment, that is, until he decides to sell, donate or exchange his living space.

This is where you will discover that until the changes are reflected in the technical passport, it is impossible to dispose of the unauthorized apartment.

Dismantling of concrete, brick, load-bearing walls. Price, prices for

For example, after dismantling the partitions between rooms, you can get more living space. And here we are talking not only about increasing the level of convenience - an apartment in which there is a lot of “useful” space will cost much more than usual when sold.

Not all types of repair work can be done without obtaining special permits.

Article 26 of the Housing Code states that it is not necessary to obtain permission for these types of repair work: In accordance with the current norms of the Housing Code of the Russian Federation, redevelopment of an apartment requires obtaining permission from the relevant authorities.

In addition, when starting a redevelopment, it is worth considering many factors that will tell you what and where can be remodeled: Many people are concerned about the question: if non-load-bearing walls in an apartment are being redeveloped, is permission required? However, some types of redevelopment actions do not require such permission. In this article we will answer the following questions: what types of redevelopment are usually distinguished?

Which of them should be approved by higher housing authorities, and which can be carried out without permission? Look for answers to these and other questions in this article.

In accordance with the Housing Code of the Russian Federation, the following types of changes in residential premises should be distinguished: Read in the next section about where exactly you can agree on the need to legalize changes made in residential premises.

The reconstruction of housing has been legalized; you can demolish storage rooms and make

When contacting the Moscow Housing Inspectorate, they answer that it is required to install double-glazed windows between the residential premises of the apartment and the loggias. Question: Is it necessary, in accordance with the new resolution, to approve glazing and the installation of television antennas on the facade of a residential building. Answer: Permission is not required for this work.

Question: Is it true that now no additional approvals are needed before submitting project documentation to the Moscow Housing Inspectorate? Is it true that Rosportebnadzor and the Ministry of Emergency Situations now approve the Moscow Housing Inspectorate itself even in non-residential premises? obtaining conclusions from Rospotrebnadzor and the Ministry of Emergency Situations is not required.

In case of controversial issues, the Moscow Housing Inspectorate itself sends requests to these authorities. Question: Can I make a redevelopment without obtaining permission, without affecting the load-bearing walls, and then approve it retroactively? Answer: The redevelopment can be carried out, and after the repair, call a commission to draw up an Act about the completed reconstruction.

In this case, the problem may be that the commission has the right to request a technical report on the condition of the load-bearing structures, completed by the author of the house project.

Be careful - in practice, often the work performed does not comply with SNi Pam and sanitary standards, which may be the reason for issuing an order from the Moscow Housing Inspectorate to restore the apartment to its original condition. Question: Why are kitchens with gas stoves separately identified in the new law?

When can you tear down walls?

• Demolition of walls in any apartment, regardless of the type of house, is a redevelopment that needs to be legalized.
• A wall can only be demolished if it is not load-bearing and does not lead to a wet area (in the latter case, difficulties will arise, since expanding such an area and moving it above/under neighbors is prohibited by law).
• If the wall is load-bearing, you can only insert a door (that closes tightly), but do not leave empty openings.

In many new buildings, instead of walls, there are wide columns to divide the space.

Some owners make niches in them or even try to demolish them; this is prohibited, since the main purpose of the columns is not a decorative element, but a design feature of the room that creates additional support.

What happens if there is no permission?

Theoretically, if no one knows about the redevelopment and you are not going to sell the apartment, nothing. But if vigilant neighbors tell you “where to go” and a commission comes to you, or difficulties arise when completing a purchase and sale transaction, the redevelopment may be considered illegal. What does this mean?

• the owner will have to restore the previous condition of the living space;
• imposition of a fine;
• deprivation of the right to use the premises (under a social tenancy agreement).

In any case, the redevelopment will need to be legalized in court.

If the owner refuses to approve the redevelopment and return the premises to its original condition, then:

• his home will be sold at auction, the funds will be returned to him minus the costs of executing the court decision;
• The social tenancy agreement with the tenant will be terminated, the owner will be obliged to return the premises to their original condition.

Institutions of appeal

In order to make sure what changes to the residential premises require permission, you should seek advice from one of the following authorized authorities:

• Housing Inspection;
• Municipal Department of Capital Construction.

Subsequently, if the need to obtain permission for the planned redevelopment is confirmed, you will have to contact the same listed authorities.

In addition to the listed authorities, the following can answer questions related to redevelopment:

• qualified legal specialists whose specialization is housing law;
• qualified employees of design firms involved in the development of project documentation.

What does not require permission and recording?

In accordance with the Housing Code of the Russian Federation, permission (from the relevant authorities) and recording (in the registration certificate) do not require the following changes inside the residential premises:

• Pasting/re-gluing wallpaper;
• Laying/re-laying linoleum, laminate, parquet;
• Other cosmetic repairs;
• Installation/replacement of doors, windows;
• Cladding of balconies/loggias;
• Installation of antennas;
• Installation of air conditioners;
• Replacement of plumbing;
• Replacing stoves in the kitchen;
• Replacement of geysers;
• Replacement/installation of water heaters.

When to coordinate and how to do it

When it comes to what needs to be registered and agreed upon, this list automatically includes:

• demolition of non-load-bearing partitions or their additional installation;
• demolition or installation of doorways;
• moving plumbing fixtures within the room.

But among such examples we can highlight those that may not be approved:

• during redevelopment, problems arose with loss of strength and stability of supporting structures or the load on them increased;
• reconstruction of ventilation units (their reduction or elimination);
• transfer of heating devices that are included in the general system to a balcony or loggia;
• combining a kitchen with a room, if the first contains a gas stove.

To obtain approval for re-equipment, you should contact the relevant authorities with the following package of documents:

• written application;
• real estate documents;
• redevelopment project;
• technical certificate;
• consent of all home owners;
• conclusion of the Committee on Architecture and Monument Protection on the permission to make changes if the apartment is included in the list of monuments.

Redevelopment of non-residential premises in 2020 is necessary in order to expand and optimize the space. Read also how to legalize the redevelopment of an apartment.

Documents are submitted either independently or through a specialized organization. There, within 45 calendar days, a decision is made. After a few days, the decision should be transferred to the owner of the apartment.

If you receive a refusal, it must be explained and can be considered in court. If you have approved the changes, then after they are completed, a special commission comes to check their correctness.

Sample apartment redevelopment project:

After unauthorized reorganization

Today, there are 2 options for eliminating unauthorized reconstruction of an apartment: court proceedings and administrative procedures. To begin the registration procedure, you should contact the authorities that deal with this issue.

Among them may be:

• housing inspection;
• city ​​or district administration;
• construction department.

There you need to take a technical passport and a real estate plan. It is to these papers that changes are made. If there are none, then you need to contact the BTI so that a specialist can come to you and create the previous version with the changes made.

After this, either a sketch or a project is drawn up. This depends on the extent of the changes made. The drawings can be completed independently or in a specialized organization, which is independently obliged to carry out the approval procedure.

If you decide to go through this stage yourself, then you will need the following documents:

• application for redevelopment;
• consent of all owners of the premises;
• registration certificate of the apartment with floor plan;
• change project;
• confirmation of the safety of redevelopment;
• extract from the house register.

After submitting a package of papers, a decision on approval is made, which must be transferred to the owner of the property.