Documents for approval of apartment redevelopment

Many residents of the Russian Federation are thinking about expanding the horizons of their housing. This is due to the fact that living space is very expensive to purchase, so it is very important to create as much space as possible for yourself.

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Carrying out redevelopment of an apartment foreshadows the factor of serious intervention in the supporting structures and engineering systems related to them. These include:

• Preparation and performance of work that directly relates to openings in load-bearing walls.
• Expand, move, remodel or move anything in the kitchen room.
• The desire to change, compact the structure of the floor in the apartment, etc.

In order to find out whether it is possible to carry out this kind of construction work, the owner of the apartment should clarify the information whether he can carry it out in his own apartment, and whether he will receive permission for this.

It is only for such purposes that a “Conclusion on the technical condition of the building’s structure and the possibility of carrying out planned work in it” is being developed..

Responsibility for illegal redevelopment

Administrative legislation provides for liability in the form of penalties. It should be clarified that even when paying a fine, a civilian is not exempt from complying with the norms of legislative regulations, which include:

• the obligation of the owner or tenant to bring the residential building to its original condition and to do this within the appropriate objective time frame.
• to save the redevelopment work done, but legitimize it on the basis of a decision in the judiciary.

You can find out how much it costs to legalize redevelopment in an apartment in this article.

If we are talking about non-residential premises, then redevelopment should be carried out only legally. In court, you must consider the case that you lawfully made changes to the design of the object in order to preserve the fact of the construction work done.

On the one hand, municipal authorities or their authorized representative act, and on the other hand, the owner of the non-residential premises is invited to court.

In order to get a positive decision from the judicial authority that reviewed the documentation, you need to convey the fact that the workers did all the construction work absolutely correctly and only after that, you, as the owner, are ready to turn to the municipal authorities to finally go through the full process of registering changes in the facility real estate.

Here you can read about how to draw up a project for the redevelopment of non-residential premises.

MFC - approval of redevelopment of an apartment in Moscow.

• Original and copy of the passport of the applicant - the owner of the property or an authorized representative;
• if the documents are not submitted by the owner, you need confirmation of the right to act on behalf of the owner - a power of attorney certified by a notary;
• originals or notarized copies of ownership documents - certificate of ownership of an apartment, privatization, inheritance, purchase and sale agreement with legal certification, deed of gift, court decision recognizing ownership rights, settlement agreement, and so on;
• for buildings under construction - documents replacing the right of ownership, for example, an equity participation agreement;
• technical passport of the apartment - it can be obtained from the BTI;
• application for approval of redevelopment of residential premises or reconstruction;
• design documentation;
• written consent to changes signed by all property owners or their representatives and registered at the address;
• permission for changes from the body that transferred housing for use under a social tenancy agreement;
• bank permission if the apartment was purchased with a mortgage;
• minutes of a meeting of residents of the house with consent signatures, if the redevelopment affects common property;
• permission from employees of the protection of historical, cultural and architectural monuments, if the apartment is located in a building with cultural and historical value.

How to coordinate the redevelopment of an apartment in Moscow - permission for renovation from the Housing Inspectorate.

Now let's move on to talking about how to coordinate the redevelopment of an apartment. We recommend that you read the article “Where to start remodeling an apartment?” First, you need to obtain a technical passport for the apartment from the BTI department. In this case, it is necessary without the technician coming into the apartment for new measurements. The layout should be inserted into the technical passport as it is stored in the BTI database, and not measured again in the apartment.

We talked in detail about how to order a registration certificate here. After receiving the technical passport, you need to check the layout indicated in it with the actual layout of the apartment, because the previous owners could have renovated the apartment and not legalized the redevelopment, or they could have simply made a mistake in the BTI.

If a BTI error is discovered, it must be corrected before the repair begins, because doing so later will be very problematic. It should also be noted that now TBTI does not issue a technical passport without an exit if the last inspection of the apartment was carried out by them more than 5 years ago. If the layout has not changed in any way during this time, then you can order a technical passport and have a technician come out to take measurements.

If the layout has somehow changed, then in this case you need to look for the old BTI in the black lines at home - maybe someone once ordered it. Or ask the previous owner, if there is one. Otherwise, the BTI technician will draw the layout in red lines and put a stamp indicating the presence of an uncoordinated redevelopment. We wrote about why this is bad in paragraph 1.1 of the article on legitimizing redevelopment.

We will talk separately about legitimizing redevelopment after the fact.

If it is possible to provide a technical passport of the BTI or an extract from the Unified State Register of Real Estate, then it is better to do this, as this reduces the time and labor costs of officials, whose work should also be appreciated. In some cases, it is necessary to provide additional documents. For example, if the kitchen is moved to the living room, which is acceptable when there is a non-residential premises (basement, store, etc.) under the apartment on the floor below.

Coordination of redevelopment in Moscow - an agreed plan with a new layout from the project.

All described documents are submitted to the MFC, from where they are then forwarded to the Housing Inspectorate of the district in which the apartment is located. A month after submitting the documents, the Moscow Housing Inspectorate issues either a reasoned refusal to approve the redevelopment of the apartment, or an Order - permission to carry out repairs.

After completion of the repairs, an inspector from the Moscow Housing Inspectorate is called to the site, who checks the compliance of the actual layout with the one that was approved and reflected in the redevelopment project. The inspector can be called only when the final finishing of the apartment is completed, that is, the wallpaper is pasted, the floors are laid, the plumbing fixtures and stove are in place, and the doors are installed.

Otherwise, he will tell you to complete the repairs and call him after completion. If the layout corresponds to the project, then the inspector draws up an act of completed redevelopment and, together with the plan from the project, sends them to the appropriate department of the BTI. We described in detail how this act of completed reconstruction should be drawn up here.

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After the act has been received, you need to contact the BTI department to get a technician who will measure the new layout and enter it into the database. We wrote more about how to order a BTI plan with a technician visiting the site here.

True, the Housing Inspectorate does not directly accept documents for apartments. They must be submitted to the Multifunctional Center of any district, from where they are already redirected to the district office of the Moscow Housing Inspectorate. The Housing Inspectorate directly accepts documents only for non-residential premises.

Also, in order to coordinate the redevelopment of residential and non-residential premises, you can contact a specialized organization that will perform all the difficult work of collecting, preparing and submitting documents for you, providing a ready-made permit at the end. In particular, our organization can coordinate your redevelopment, so you can always turn to us for help, which we wrote about at the very beginning of the article.

Unfortunately, the Moscow District Housing Inspectorates do not accept submitted documents at their offices. Documents must be submitted to the Multifunctional Center of any district, from where they will be brought to the district Housing Inspectorate. From there, the documents will be submitted for review to the central office of the Housing Inspectorate on Mira Avenue, where a special department will review all documents and forward a positive or negative decision back to the district Housing Inspectorate. The response itself from the district Housing Inspectorate will be sent back to the same MFC.

What documents are needed to go to court?

The claim can be prepared by contacting an attorney or lawyer. If you know how to draw up such claims yourself, then you can download a sample from online resources.

You can file a claim when you have collected all the documentation, which includes:

• technical report for redevelopment when the work is completely done.
• you have in your hands conclusions from sanitary services, fire inspectors, gas services and other organizations of this kind;
• original information about the persons who live in the building (premises) and their consent in writing that they allow you to reconstruct the housing;
• project documentation required by the court.

If the court of first instance rejects your claim (based on Article 27 of the LC), then you should not lose hope. You can still appeal his decision on appeal.

You must submit a positive decision to the Unified State Register authorities so that they can make adjustments to the characteristics of the building.

Composition of the technical report for redevelopment

• Title page with all seals and signatures of persons.
• containing reliable information at the time and timing of the work performed.
• A general explanatory note, which sets out the objectives of the survey, adds all the main characteristics and records (provides) the design features of the object.
• Sheets (issued legally), which indicate a list of the results of the survey (information about the design features, what defects or deformations there are - where they are located, general condition - load-bearing walls, structures with their regulatory justification and diagrams).
• Calculated information about the load-bearing properties of all joints, floors, slabs, beams, purlins and the strength of concrete structures and bases of walls and panels.
• General conclusions that should be made on the basis of visual inspections by engineers, with all measurements and calculations.
• Plans, diagrams and explications of buildings at the current moment (such documents must be kept by the BTI authorities, you have the authority to make photocopies of them).
• Results of measurement plans indicating not only load-bearing structures, but also ventilation ducts, partitions, engineering equipment, places where measurements were taken by working specialists, and so on.
• Final documentation with all the conclusions that in a particular object it is completely possible to allow access to such work as reconstruction and redevelopment.

An example of a technical report for redevelopment:

Title page of the technical report for redevelopment.

Sample technical report for apartment redevelopment.

We will help you legitimize the redevelopment

You may well try to complete the redevelopment yourself if you have the patience and time, using the algorithm and documents described above. To approve the redevelopment, as we have already said, you will need a project and a technical report. You can order this design documentation from our company by filling out the appropriate form or calling us by phone.

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The cost of project documentation with a 10% discount will be 27,000 rubles. Completion time: 5 working days. The indicated cost also includes the execution of hidden work certificates from the designers. We have extensive experience in drawing up such documentation (for more than 1000 objects), as well as our own SRO approval. You can read more about the redevelopment projects here, and about the technical report here.

Coordination of redevelopment is a lengthy process, which implies that you will have to collect a large number of documents from different authorities. If you don’t know where to go and who to contact, you can lose a lot of valuable time, energy and nerves. Our company is dedicated to helping you avoid wasting time in endless queues and obtaining documents.

1. Statement of the established form
2. BTI documents: BTI technical passport (without inspection), floor plan and explication before and after redevelopment (if the work is completed)
3. Documents on the rights to the apartment of all owners: Certificate of registration of rights, or an extract from the Unified State Register of Real Estate, or a purchase and sale agreement, or a shared construction agreement. A notarized copy or an original regular copy.
4. Consent of the mortgagee. (If the apartment is pledged to the bank, then it is necessary to obtain the consent of the insurance company and the bank).
5. Copies of passports of all owners.
6. Consent of all owners. Notarized Power of Attorney copy or personal presence of all owners.
7. Project (any design organization with SRO approval)
8. Technical conclusion (From the author of the house, if load-bearing structures are affected, if not, then any design organization with SRO approval).
9. Agreement for architectural or technical supervision of redevelopment.
10. Consent of Moscomarchitecture during reconstruction.
11. Consent of the Moscow Heritage Committee, if the house is an architectural monument.
12. Conclusion of Rospotrebnadzor, if a transfer from residential to non-residential premises is planned.
13. Minutes of the general meeting, if common property is affected. For example: attic, basement, vestibule, etc. (consent of 75% of residents is required).
14. Binder folder

The procedure for approving the redevelopment of an apartment has its own nuances depending on the circumstances. But the main steps are the same for everyone.

Housing inspection

Employees of the State Housing Inspectorate:

• advise on types of redevelopment;
• they will tell you whether it is necessary to create a project or sketch;
• will accept a package of documents;
• will issue a permit;
• will accept the completed work and sign the acceptance certificate.

If you have a long way to get to the Housing Inspectorate, contact the Technical Inventory Bureau. It contains a database of reliable and up-to-date information on all buildings and land plots in the territory covered by the structure. Sequence of procedure through BTI:

• ordering technical documentation for the apartment;
• submitting an application with a package of documents for redevelopment;
• obtaining permission or refusal with justification;

The period for approving the redevelopment of an apartment at the BTI is up to 45 days. Once approved, repairs can begin. After the redevelopment, it is necessary to invite a specialist from the Housing Inspectorate to sign the completion certificate.

State Services Portal

You can request permission to change the layout remotely:

• register on the State Services portal;
• in the appropriate section, provide the exact address of the building and confirmation of ownership of the apartment;
• select the desired project from standard website options or upload a scanned copy of your project or sketch;
• get permission.

Once you receive permission, you can begin renovations. After completion of construction work, contact the Housing Inspectorate to draw up a report.

The multifunctional center will not be able to advise you on design documentation, housing law or architectural issues.

Experts will not tell you whether a project is needed in your case or whether you can provide a sketch. The Center undertakes to forward your documents to the Housing Inspectorate and inform its decision. Contact them if you have previously received advice from relevant specialists and are confident that the collected package of documents will be suitable for resolving your issue.

What is needed to legitimize the redevelopment? You will receive permits without problems if you have made repairs in accordance with current building regulations:

• did not dismantle the supporting structures of the house;
• the bathrooms were not moved to the living area;
• did not change the appearance of the building.

Coordination of redevelopment after the fact is impossible if you did it in violation of construction, architectural standards or other provisions. In this case, you will have to return the original housing layout, draw up a project and only then approve it.

Types of document

A technical report on the redesign of premises can be of the following types: on the possibility of planned repairs or on the fact of the redevelopment.

Thus, each specific case requires the preparation of a technical report of a certain type.

For the planned reconstruction

When redeveloping an apartment, it is necessary to develop design documents, which are subsequently provided to the Moscow Housing Inspectorate for their subsequent consideration. A technical report is a mandatory element of the documentation package submitted to a special institution.

As noted earlier, the technical report contains the results of an analysis of the condition of the structure, and also determines the possibility of redevelopment of the residential premises included in its composition.

Moscow housing legislation includes provisions determining the need to present a technical report. Thus, paragraph 3.7 of Appendix 3 of Moscow Government Decree No. 508, as amended by 840, contains the following rationale for the procedure.

In the event that the redesign cannot be classified as a typical reconstruction, it is important to draw up a technical opinion on the possibility of the planned reconstruction.

There are two ways to draw up a technical report for the planned redevelopment:

If at the time of the planned reconstruction of the premises the company designing the house is no longer conducting business, then the state unitary enterprise MoszhilNIIproekt is responsible for drawing up the technical report.

This institute is developing a technical report for those buildings whose design authors have ceased their activities or legal existence.

Based on the work completed

When it is necessary to legitimize the unauthorized redesign of a residential premises, a technical report on the fact of the completed redevelopment is developed.

In accordance with the information given in paragraph 18 of Appendix 1 of Moscow Government Decree No. 508, the owner can receive a certificate of completed redesign if he provides a technical report. It should indicate the possibility and safety of carrying out construction and repair work to redesign the apartment.

Such a technical conclusion can be issued only after an inspection of the building and the results of an analysis of its condition. If mechanical damage is detected on the supporting structures of the building, they will need to be eliminated before a new layout.

Sample technical report for redevelopment:

Purpose

The main purpose of a technical report for the redevelopment of an apartment is early warning and identification of various mechanical damage to the building that could occur during its operation.

Thus, this conclusion is drawn up in the event of a risk of destruction of a structure or part of it. Such negative consequences can be caused by exceeding the maximum load on the supporting structures of the building.

Also, drawing up a technical report for the redesign of residential premises solves the following problems:

• calculation of the durability and viability of buildings and structures subject to a new layout;
• identification of possible mechanical damage to the building’s supporting structures;
• load-bearing wall detection;
• entering into the residential plan the location of sanitary and hygienic equipment, electrical and mechanical equipment;
• detection of defects in walls and interior partitions;
• identifying the level of wear of supporting structures;
• calculation of possible penetration of door openings located in load-bearing walls.

Government agencies that take part in drawing up a new apartment layout take primary responsibility for this process.

Mistakes made during redevelopment can lead to extremely negative consequences.

What is TZP

The full abbreviation of the document's name, TZDBP, includes two more abbreviations for the words “admissibility” and “safety.” This is a package of papers that contains an objective assessment of the condition of the building, as well as information about the absence of risks to the health and life of people living or temporarily staying in it. Main points to be reflected in the technical specifications:

• Data about the object - name, address, inventory number;
• Detailed explanatory note;
• Floor plan (existing position, according to the results of the survey, with the arrangement of engineering equipment);
• Explication of floors;
• Reference and attached documents (photos, certificate of admission of SRO, regulatory legal acts serving as the basis for conclusions).

The technical conclusion for the redevelopment of an apartment has a validity period limited to one year.

Terms of approval for apartment redevelopment.

Before submitting documents to the Housing Inspectorate, you must obtain a technical passport for the apartment, complete a technical report and a redevelopment project from any design organization or from the author of the house project. Sometimes it is necessary to obtain permission from the bank if the apartment was purchased with a mortgage. And so on.. The entire collection of necessary documents for submission to the Moscow Housing Inspectorate takes about 1-2 months.

As a result, approval of the redevelopment of residential premises takes about 2-3 months before obtaining permission for repairs.

Next, you need to complete the repairs or make a pause of 1-2 months for the already completed repairs, as if it were being carried out. Then an inspector is called to the site. He must go to the apartment and fill out a report on the completed reconstruction within 10 working days in accordance with paragraph 2.7.1.2 of Appendix 2 of the 508th Resolution. In practice, this process may take longer because inspectors are in short supply and are very busy.

If the work has already been completed and noted on the BTI, then approval of the technical report officially in accordance with paragraph 2.7.1.3 of the same Appendix must be carried out within 30 working days. However, in practice, most often inspectors order the suspension of such a case, because there are a lot of activities that need to be done, such as going to the site, drawing up a protocol on the administrative offense, getting it endorsed by the Central Office, handing over a payment slip to pay the fine, accepting the paid receipt, repeating exit to the site and so on. So this process at the Housing Inspectorate can take about three months.

The last stage is to order new BTI for the apartment with a technician coming out to take measurements. This procedure takes about 3 weeks from the moment the order is opened and payment is made.