Regulations of actions in the process of registration of redevelopment
In the event that the reconstruction has already been completed, it is necessary to contact the court with a complete package of documentation, asking the judge to leave the living space in its redesigned form.
And yet, if the property owner is at the planning stage of repair work, first of all he must perform the following actions:
| Develop a project | and also appropriately coordinate it with the authorized structure |
| Get approval | for repairs, construction work, and reconstruction |
| Get the new edition | cadastral, technical passport |
| Design | a new extract from the Unified State Register of Real Estate through the MFC |
Which structures to contact?
In the event that the reconstruction does not affect the load-bearing structure, the property owner has the right to complete the sketch on his own.
In other situations, it is worth contacting a specialized organization - a member of the SRO of designers.
Stages of approval
The tenant or apartment owner must:
| Visit the housing inspector | at the location of the apartment, the structure’s employees will advise in detail on all aspects of future reconstruction |
| Issue an order from the housing inspectorate for the implementation of construction | In order to obtain a permit, you must present basic documents for real estate, namely:
The above package of documentation must be submitted to the MFC at the place of registration of the residential premises. In addition, you will have to fill out a statement. After thirty calendar days, the owner receives a refusal or an order. The certificate is valid for one year |
| Issuance of a certificate of completion of construction work by the housing inspectorate | For this purpose, it is necessary to submit a corresponding application to the MFC. Then:
|
| Sign the act at the housing inspection | and also include all agreed upon adjustments in the registration certificate for the real estate |
What documents are needed to redevelop an apartment?
Project development
The right to develop the project belongs to specialists from specialized companies who have a valid SRO permit.
It is allowed to independently develop a plan for renovating an apartment, and yet the likelihood that this document will be approved by housing inspection experts is extremely minimal.
The bottom line is that an ordinary citizen is not aware of all the regulations of the current law, in addition, he does not know about all the intricacies of designing redevelopment projects.
And even if he is a specialist in the field under analysis, even if he has the appropriate diploma, he is still not a member of the SRO.
Whereas this is a key condition for the approval of a housing reconstruction project.
You are allowed to prepare a sketch on your own, if the changes do not affect load-bearing structures, and also if the area of the apartment remains the same.
In particular, if the owner intends to move the plumbing equipment located in the bathroom.
Such alterations will not in any way affect the supporting structures of the apartment, nor will they change its area. Project documents have a specific structure.
So, the redevelopment plan consists of the following sections:
| Title page | as well as the contents of the redevelopment project. This part indicates the numbering of the pages of the document, which are assigned to the corresponding section. |
| Project chapter mark | in this section, the authorized person puts a mark that certifies that all planned reconstructions clearly comply with the standards of current legislation in the field of project development. In addition, the company seal and the signature of an authorized person are affixed |
| Explanatory note | This section names the basic technical parameters of the living space that will be rebuilt |
| Valid SRO permit | for the implementation of design work (copy) |
| Facility layout plan | in the municipal formation, photo confirmation |
| Graphic section of the project | the most voluminous section. It shows all the planned changes in the apartment, the existing layout |
Drawing up an application
In order to legitimize the redevelopment plan, you need to correctly fill out the application by submitting it to the housing inspectorate at the location of the real estate property.
The corresponding form is provided by the MFC employee. It is filled out in accordance with the proposed template, which will be provided by the “one-stop shop” employee.
Redevelopment approval by the court, read here.
In this case, the owner must note:
| Full information about the applicant | namely:
|
| In the event that the application is drawn up by a representative of a citizen | In addition to such data, it is necessary to register the details of the power of attorney |
| Owner's name | apartment address |
| Owner's petition | allow him to carry out reconstruction in the specified living space |
| A document according to which planned repairs | construction work will be carried out: a standard plan or a project drawn up by a specialist |
| Are there any other property owners or other tenants under a social tenancy agreement? | you need to note the date of receipt of written consent from them, as well as the package of attached documentation |
Grounds for refusal
The most common reason is the non-compliance of the developed project with current legislative standards.
And yet there are other reasons. In particular, if the applicant has not submitted all documents or if the information provided does not correspond to reality.
In order to protect yourself from receiving a refusal due to the inconsistency of the developed project, you must order it from an organization that has SRO permission to implement redevelopment. Overall, this is a 100% guarantee of plan approval.
In addition, another way is to contact a company that provides intermediary services at the stage of legalizing projects.
The housing inspection provides a refusal in writing, indicating the reason. In the event that the plaintiff, despite this, intends to carry out reconstruction in his apartment, he undertakes to fulfill every point noted in the refusal.
Project development
The first thing you need to start preparing for housing redevelopment is developing a project. This type of work can be performed by an engineer from a technical inventory bureau or a specialist from a private company. When choosing an organization, you should pay attention to whether it has a license to provide such services, that is, it is a member of an SRO. If the project is developed by such a company, the municipal housing committee will approve it without questions.
When developing a plan, the specialist takes into account legal regulations, architectural requirements, and safety precautions. For this reason, it is not allowed to draw up a project independently or by architects who do not have SRO access. Depending on the type of proposed changes, coordination with the fire inspectorate, gas service, sanitary and epidemiological station and other supervisory authorities may be required.
Legalization
The owner or tenant of the living space has the right to apply to the court to approve the project and sanction the reconstruction. The application must be submitted to the district judicial authority at the location of the housing.
Such a document must indicate the following information:
| About the defendant | applicant |
| In court proceedings | Third parties may also take part; in such a situation, information about them must be recorded |
| Property information | namely:
|
| The applicant’s petition to the judicial authority to legitimize the restructuring project and further implementation of the work | this part lists the reasons according to which the housing inspection did not authorize the implementation of the changes. The reasons are noted in the same way as they are stated in the official refusal. |
| List of documents | which are attached to the application, certifying the information described by the applicant |
| Issue date | as well as the signature of the plaintiff |
List of required documents
The application must be accompanied by:
- A document (copy) that certifies that the applicant is either the owner of the apartment or its tenant
- A receipt certifying that the applicant has paid the state fee
- A simple application (copy), not notarized - the applicant informs each participant in the process accordingly
- Current documentation from the BTI, refusal by housing inspectors
- A plan according to which the intended changes will be carried out
- In the event that redevelopment is carried out in a residential area, it is necessary to present a document with information about each person registered in the apartment.
Legalization after reconstruction
In the event that the restructuring has already been carried out after the fact, despite this, it still needs to be authorized, since, subject to privatization by the employer or alienation of property rights from the owner, it will be possible to receive documentation from the BTI that will not correspond in fact.
Reconstructions that have already been implemented can only be sanctioned through legal proceedings.
For this purpose, it is necessary to develop a project, but only after the redevelopment has been completed.
It will be necessary to conduct an independent examination after the fact of the completed work, finding out whether the reconstruction done causes damage to the entire apartment or other residents of the house.
In addition, it is necessary to invite representatives from the following structures:
— Sanitary and Epidemiological Station
— State Fire Supervision
— Rospotrebnadzor
Each specialist from the above-mentioned bodies undertakes to issue an opinion confirming that the repair work carried out after the fact fully complies with all current legislative standards.
For the procedure for approving premises in a residential building, read the article: approving redevelopment.
Video: Redevelopment of an apartment - how to properly draw up documents?:
(No Ratings Yet)
Legalization of redesigned premises through the court
The statute of limitations during which you can file a claim with a judicial authority is 3 months and begins to run from the moment you become aware of the refusal. The following documents must be submitted with the claim:
- evidence of receipt by interested parties of a copy of the claim and missing data;
- information about payment of state duty;
- other documents, including all copies of project documentation, redevelopment permits and refusals.
Don’t miss court hearings, give arguments that the unauthorized redevelopment was carried out without violating the rights of neighbors and does not threaten their lives, and that all rules during construction were followed. Prove that you previously tried to agree on the reorganization. Be prepared for the fact that additional technical examinations may be ordered during the trial. In this case, the costs of the expert opinion are paid by the interested party requesting the examination.
If a decision is made in your favor, wait until it comes into force in a month if there is no appeal. Submit the court decision and documents to Rosreestr to register the changes.
