What it is
According to the Town Planning Code of the Russian Federation (Article 1), the reconstruction of houses is a change in the parameters of the entire private house, apartment or individual parts thereof.
This includes height, area, volume, change in the number of floors, as well as new construction of premises attached to the house.
This process is responsible and requires preliminary preparation. Reconstruction has certain differences from redevelopment or major repairs, which are important to know. Its main distinguishing feature is the change in parameters with increasing area of the house or number of floors.
Redevelopment means changing only the internal part of a living space, while a major renovation is the restoration or replacement of outdated parts of the house, including individual parts of the load-bearing structures of the housing. Such actions can be carried out without permission to make changes to the technical plan.
ATTENTION! The main condition during reconstruction is that it is prohibited to remove or replace load-bearing structures.
How to register a change in the total area of a residential premises in the Rosreestr due to changes in the law
Question about the technical passport of the residential premises. In 2004, a TP was made in which the total area of the apartment is 64.7 m 3 of which the living area is 38.5 m 3, the utility room is 23.9 m 3, the loggia is 2.3 m 3. In 2020, an engineer was called to update the TP and received a passport with a total area of 62.4 m3, residential 38.5 m3, auxiliary 23.9, loggia 4.6 m3.
According to the BTI representative, the loggia used to be 50% in the MFC, but now, due to changes in legislation, it is not included in the total area at all. When I asked what to do if my title documents now indicate that the area of the property does not coincide with the TP, they answered that it would cost 2,500 rubles to make changes. Is this correct? I didn’t do any redevelopment in the apartment, I didn’t change the law. What should I do? How can I register a change in the total area of living space in the Rosreestr due to changes in the law, and not due to my fault?
Permission
Reconstruction of a house requires obtaining official consent from local authorities, since changing the parameters may lead to a violation of its safety.
A permit is a special document that confirms the compliance of the project documentation with all the requirements that are controlled and established by the town planning regulations, as well as the land surveying project and the territory planning project.
Registration of this permit must be mandatory for houses located on plots with the following categories:
- Individual housing construction.
- Low-rise building.
- Personal subsidiary farming.
After contacting the relevant authorities, specialists must analyze the new reconstruction project and, if it does not violate the necessary conditions, issue a special permit.
Letter of the Ministry of Economic Development of the Russian Federation No. OG-D23-3309 dated
The area of a building (residential and non-residential) for the purposes of state cadastral registration is determined taking into account the provisions of paragraphs 2, 3, 5, 6, 8, 9 of the Requirements for determining the area of a building, structure and premises, approved by Order of the Ministry of Economic Development of Russia dated March 1, 2020 No. 90 (hereinafter referred to as Requirements No. 90), according to which the area occupied by partitions is taken into account in the area of the floor, and, accordingly, in the area of the building (residential and non-residential).
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In accordance with the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation dated June 5, 2008 No. 437 (hereinafter referred to as the Regulations), the Ministry of Economic Development of Russia is a federal executive body responsible for developing state policy and legal regulation in areas related to his areas of activity. According to the Regulations, the Ministry of Economic Development of Russia is not vested with the authority to officially explain the legislation of the Russian Federation, as well as the practice of its application.
Required documents
To obtain permission, you must contact the architectural department or the local administration with an application. You must also provide the following documents:
- A copy of the applicant's civil passport.
- Title documents for the plot and house.
- Technical plan together with a cadastral passport from the BTI.
- An extract taken from the house register, which should contain information about the number of registered people, as well as their consent to the reconstruction.
- Project of architectural solutions.
- If necessary, topographic analysis of the territory.
This list of documents is not final and may vary depending on the subject . Documentation is reviewed within one month.
ATTENTION! If the reconstruction process can affect the strength characteristics of the house, then it is advisable to involve an organization that has SRO approval.
Rosreestr has no information about the apartment
HOW CAN 72.6 SQM BE REGISTERED, WHEN SHE OWNS 35.4 SQM IN THE WILL, THE NOTARY HAS THE RIGHT TO GIVE HER WHAT DOES NOT BELONG TO HER * HOW CAN A MOTHER OWN ONE APARTMENT AND A DAUGHTER AFTER HER DEATH PRIVATIZES THE SEX THERE IS A HOUSE OF TWO APARTMENTS * AND SHE OWNS 10 HOTES OF LAND A IN THE AGREEMENT FOR PURCHASE OF LAND FROM THE ADMINISTRATION IT IS INDICATED WITHIN THE FRAMEWORK OF THE CADASTRAL PASSPORT AND IT TURNES OUT THAT THEY ARE GIVING IT AGAIN ILLEGALLY 24 acres.
Hello. Please help. I submitted an application to change the cadastral number of an apartment in an apartment building built in 1973 after redevelopment, carried out on the basis of permission from the administration. The living space was increased by adding a balcony of 3 m2; the balcony itself was not expanded. However, after submitting documents for cadastral registration to the MFC, a refusal was received with reference to clause 4 of Article 40 of Federal Law-218 (Rosreestr does not have the cadastral number of the parental home), which describes the case of registering an apartment building, and not an apartment in this building . How correct is this? File in attachment.
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Getting approval
In order to obtain permission to reconstruct a residential building, you will need to perform certain actions:
- The first step is to contact the BTI. This is necessary to obtain all technical documentation and a copy of the cadastral plan for the house.
- The received documentation, together with the completed application, is submitted to the department of architecture and urban planning.
- A day is set for a specialist to arrive to draw up a professional project, which consists of a sketch of the planned reconstruction.
- After submitting all documents and making a positive decision, it is necessary to obtain permission signed by the chief architect of the district.
- Then you will need to contact the SES and the Ministry of Emergency Situations, and if external communications are affected, then you must obtain the consent of the utility services.
The developed project must comply with all sanitary and technical rules. It is also necessary to comply with the requirements of the fire inspection.
You can proceed with independent reconstruction only if the superstructure and extension are no more than 10 square meters. m. In other cases, the procedure must be performed by a specialist who is licensed to carry out these activities.
Upon completion of the procedure, the house is accepted by a special commission. It checks the compliance of the actions performed with the project on the basis of which the permit was issued.
The next step will be to issue a new technical passport, as well as register the changes made in Rosreestr. How to legitimize changes? For this you will need:
- Submit an application to the government agency.
- Documents establishing the right to land and house.
- Extract from the Unified State Register of Real Estate.
- Applicant's passport.
- Permission to carry out reconstruction.
- Certificate of acceptance of completed work.
- Payment document confirming payment of state duty.
If all documents are in order, then appropriate changes are made, and as soon as the procedure is completed, all documentation is returned along with a new extract.
IMPORTANT! The issued reconstruction permit has a limited validity period - 10 years from the date of its receipt.
If no reconstruction was carried out during this period, it can be extended. To do this, you must contact local authorities with an application, but no later than two months before the end of this period. Otherwise, you will have to re-apply for permission.
Reconstruction of a private residential building in 2020: sample application, registration procedure
Building a house is a labor-intensive process that requires considerable investment. But even after construction is completed, over time there will be a need for repairs and even renovation of housing. If everything is simple with repairs - just take it and do it, then the reconstruction of a private house has some features that are important to know when planning major changes to your home.
General concepts about home renovation
Reconstruction is mentioned in the Town Planning Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), in the Civil Code of the Russian Federation (Civil Code of the Russian Federation) and in some other regulatory legal acts (NLA).
In other words, if you decide to add a second or third floor, restore the foundation, make an extension to the house, or build a new one on the site of an old house - this is reconstruction.
Such measures will entail changes in the parameters of the house - area, number of floors, engineering and technical supplies (heating, electricity, water supply, etc.).
Differences between reconstruction and major repairs and redevelopment
Reconstruction is often compared to redevelopment or major renovation. But this is a mistaken opinion. Redevelopment involves changes only to the interior of the house, major repairs involve the replacement or restoration of some elements, and reconstruction involves changing the area and facade of the room.
For a general understanding of the differences, let’s briefly consider redevelopment and overhaul.
Redevelopment, according to Art. 25 of the Housing Code of the Russian Federation - changes to parts of the house that require adjustments to the technical plan of the house. It includes:
- moving door or window openings;
- moving or dismantling partitions,
- installation of additional bathrooms, etc.
To redevelop a house, you need to obtain permission from the district administration by applying directly or through the MFC.
If you have not been given permission for redevelopment, write to our lawyer! He will help you understand the validity of the refusal.
Major repairs are the replacement or restoration of outdated parts of the house, engineering and technical support, as well as individual parts of the load-bearing structures of housing. Such activities do not require changes to the technical plan and obtaining permission.
An example of a major overhaul is the replacement of the roof, plumbing, heating, replacement of partitions, etc.
A distinctive feature of reconstruction is changing the parameters of the house, aimed at increasing the area and number of floors. But redevelopment and overhauls do not entail such global changes.
Regulations governing reconstruction:
Registration of permission for the reconstruction of a house
Renovating a house is a very important process that requires approval and permission from local governments. Since changes in parameters can disrupt the safety of the house and affect the interests of the people living in it, as well as neighbors.
Article 51 of the Civil Code of the Russian Federation defines permission for reconstruction.
To obtain permission, you need to contact the department of architecture and urban planning in the municipal administration (according to paragraph 4 of Article 51 of the Civil Code of the Russian Federation) and submit an application with the appropriate package of documents.
The entire list of documents required to obtain permission for reconstruction is contained in clause 7 of Art. 51 Civil Code of the Russian Federation.
This list is not final. Requirements for the list of documents may differ in each subject. Therefore, before registration, you should clarify this information with a specialist in the specialized department.
You can apply in person or through an authorized representative. Also, the Civil Code of the Russian Federation in paragraph 7 of Art. 51 provides for the possibility of submitting an application through the MFC.
After submitting the documents, the application is considered within 7 working days, after which the applicant must be notified in writing of the adopted resolution. The applicant must contact the fire service and the SES to further agree on a decision, which will result in the issuance of a permit or refusal.
If the answer is positive, you can proceed with the reconstruction yourself, if the area of the extension/superstructure does not exceed 10 square meters. m. Otherwise, the reconstruction must be carried out by a specialist licensed to perform such work.
The validity period of the permit is no more than 10 years from the date of receipt of the permit (Clause 19, Article 51 of the Civil Code of the Russian Federation). It can be extended by contacting local authorities with a corresponding application no later than 60 days before the end of the period. After 10 years, if the reconstruction was not at least 70% complete, the permit will need to be reissued.
After completion of the renovation, it is necessary to obtain a conclusion on the compliance of the reconstructed house with the requirements of technical regulations, other legal regulations and design documentation, including the requirements for energy efficiency and equipping the capital construction facility with energy metering devices - issued within 10 working days by the district inspectorate of state construction supervision.
After receiving such a conclusion, it is necessary to update the technical passport data by registering the house in the Unified State Register of Real Estate, since the technical parameters of the housing have changed. To do this, you need to obtain permission to put the house into operation from the same self-government body, again collecting a package of documents with an application and permission for reconstruction. Such permission is issued within 10 working days.
Obtaining permission is a mandatory procedure. If the renovation is carried out without permission, an administrative fine will be imposed (2 - 5 tr.), in accordance with clause 1 of Art. 9.5 of the Code of Administrative Offenses of Russia.
In this case, the reconstructed house will be recognized as an unauthorized construction, which must be legalized (read how to legalize an unauthorized construction).
To do this, you need to take a new cadastral passport from the BTI and, together with the old one, provide the documents from the list to the administration and obtain permission for reconstruction.
In the future, it will be possible to register ownership of the reconstructed housing. It is also possible to legitimize reconstruction through the courts.
Did you know that the result of considering claims depends on how legally competent it is drawn up? Our professionals are ready to help you file a claim absolutely free. Just write on the right in the chat.
You can also call the following phone numbers:
8 ext. 849 – Moscow and region;
8 ext. 501 – St. Petersburg and region;
8 ext. 481 – all regions of the Russian Federation.
As for the reconstruction of houses in SNT (garden non-profit partnerships), thanks to the adopted Federal Law No. 93 of June 30, 2006 “On the dacha amnesty,” permission is not required. And to register ownership rights, a simplified procedure is used - it is enough to provide a declaration about the real estate property to Rosreestr. In this case, the land plot in SNT must be owned.
You may be interested in: what is a dacha amnesty?
Use of maternity capital in reconstruction
In accordance with paragraph 1 of Art. 10 Federal Law “On additional measures of state support for families with children” dated December 29, 2006 N 256-FZ (hereinafter Federal Law No. 256) funds mat. capital can be used to reconstruct a house if several conditions are met:
- performance of a 3-year-old child;
- the housing area will be increased;
- the house is registered as joint ownership;
- The housing area for each member does not exceed 18 square meters. m.
If all conditions are met, you can contact the Russian Pension Fund (hereinafter referred to as PFRF) and submit an application for the disposal of the mat. capital and the following documents:
After checking the documents, the Pension Fund of the Russian Federation transfers 50% of the subsidy amount to the account of the capital recipient within 2 months, and the remaining money is transferred no earlier than six months after receiving the first part. To do this, you must re-apply to the Pension Fund of the Russian Federation with an application and certificate of inspection of the reconstruction. This document is issued by the department of architecture and urban planning in the administration.
If a contractor was hired to carry out the reconstruction, then after completion of the work the entire amount will be transferred to the organization’s account.
If the reconstruction of the house cannot be postponed until the child is 3 years old, then you can carry out the necessary work, and then receive maternity capital to compensate for the costs of renovating the house. Federal Law No. 256 also provides for the possibility of repaying a loan taken for reconstruction using a government subsidy.
Refusal of permission to reconstruct a house
The grounds for refusal to issue a renovation permit are specified in paragraph 13 of Art. 51 Civil Code of the Russian Federation. These include:
The refusal can be appealed pre-trial and in court. In the first option, an application is submitted.
To do this, you need to submit to the court a package of documents to obtain permission, an application and the refusal of the authorized body to issue permission for reconstruction.
As a rule, in such cases the court sides with the plaintiff. The main thing is that the work carried out complies with urban planning legislation.
Still have questions? Write to us in the chat, as many users have already done, and you will receive a free consultation from a specialist on land issues.
Additional floor
If the construction of an additional floor is planned, the status of the house changes. All changes that occur must be indicated in the cadastral and technical documentation for this house.
If the house has a high roof, then the attic is often converted into an attic. In this case, the premises acquire residential status. Permission to build a new floor is determined based on the following points:
- The structure of the soil on the land plot.
- Is the construction of a taller building allowed according to urban planning standards?
- Qualitative and technical characteristics of the entire building.
How to make changes to the Rosregister about changing the area
Property information may change over time. It is necessary to make changes to the cadastral passport of the property. For what? If you do not take care of this, then the unreliability of the data will certainly “pop up” in the future, for example, when selling real estate.
Extracts from the Unified State Register dated. They confirm that the plaintiff is the owner of the administrative building (letter A) of the general claim for the obligation to make changes to cancel the registration entry of the Rosreestr with an area of sq. m. M., industrial building (letter B) with a total area of 00.00 sq. M., hangar (liter B) with a total area of 00.00 sq. M., located at KCR, Address; the land plot under these buildings is also registered as a lease for the plaintiff. At.
At the expense of maternity capital
Mostly, owners of private housing carry out reconstruction at the expense of personal funds. However, some families have the opportunity to carry out this procedure with the help of maternity capital if they have a certificate. The decision on this issue must be made by the Pension Fund. Necessary actions:
- Drawing up an application to the Pension Fund of the Russian Federation.
- Providing documents for house restructuring together with a state-issued certificate.
If the Pension Fund makes a positive decision, the funds are transferred in several stages:
- First, an amount of no more than half of the unspent funds is transferred, which can be withdrawn within two months from the moment a positive decision was made on the application.
- The remaining amount is transferred 6 months after the first transfer. In this case, you will have to document the fact of carrying out work related to the reconstruction of a private house.
Do I need permission to reconstruct a private house in 2020?
Permission to reconstruct a private house is a mandatory legislative procedure that applies to all owners owning this type of property. In its absence, any action to reconstruct a private house is considered illegal. Moreover, the owner has the right to use only that part of the building that is officially registered.
We invite you to learn today about all the nuances of obtaining a permit for the reconstruction of a private house on the Legal Ambulance website.
Features of reconstruction
Reconstructing your own home is a responsible set of works that requires precise preliminary preparation. In 2020, some owners consider this process their personal matter, which does not concern inspection authorities and government bodies. This is fundamentally wrong.
In fact, the availability of opportunities and funds to purchase building materials does not give the right to rebuild the building . First, the owner must obtain the appropriate permission. Otherwise, such reconstruction may have serious legal consequences. The house may be partially or completely destroyed, causing damage to neighbors and destroying nearby buildings.
After all, the reconstruction of a private house implies a significant or complete change in its important parameters, including not only design changes, but also technical ones . When rebuilding a building, you can not only remove or add several floors, but also change the location of important engineering components and communications.
The main requirement of the law in this situation is to prohibit the demolition or replacement of load-bearing structures that can only be repaired in the process of their deterioration. At the same time, the addition of new premises should be carried out only under the condition that all load-bearing walls are preserved.
According to Article 51 of the Civil Code of the Russian Federation, the need to obtain permission for reconstruction is mandatory only in cases where the building is located on a site with the following permitted categories:
- low-rise housing construction;
- personal subsidiary plot;
- Individual housing construction or individual housing construction.
In the event that a private house is located on a dacha or garden plot, it is not necessary to obtain prior permission , because this building is registered by recording changes in the state register (Rosreestr). Therefore, at the end of construction work, you should submit a corresponding application to the local department of the MFC or Rosreestr.
Required documents
In order to accurately obtain permission to reconstruct a house the first time, experienced lawyers recommend paying special attention to collecting the necessary documents. To do this, check the package according to this list:
- topographic analysis of the territory (if required);
- passport of the owner of the land plot and house;
- cadastral passport from the BTI or technical plan;
- design of architectural solutions for reconstruction;
- documents establishing the owner's rights to the house and land.
Project documents:
- confirmation of the legality of documentation issued to the owner by non-governmental organizations;
- objects that will be demolished during the restoration process;
- location plan of non-residential and residential buildings;
- documents related to engineering networks;
- explanatory note.
An application is also submitted along with this package of documents . The period for reviewing these documents is a calendar month. At the same time, consideration, acceptance and issuance of a permit are free of charge and do not require payment of state fees.
Construction of an additional floor
In the case of the construction of an additional floor during the reconstruction of a house, the status of the building changes, since the so-called concept of number of storeys is affected. At the same time, changes must be reflected in both cadastral and technical documentation for a private house.
However, if the house originally had a high roof, the owner has the right only to insulate the room from the inside , converting, for example, the attic space into an attic. Then the premises are transferred from the status of “non-residential” to “residential”. But, if the construction of an additional floor is carried out by adding a structure to the roof, then a more thorough analysis is required.
Obtaining permission is determined by three main points:
- the quality and technical characteristics of the house, as well as the totality of the elements of its structure;
- the permissibility of erecting a taller building in the existing urban planning context;
- the structure of the soil prevailing on the site.
Funds for reconstruction
Most often, all work related to reconstruction and construction is carried out by the owners at their own expense. However, some families have the right to carry out these works thanks to preferential funds. For example, if it is possible to cash out maternity capital.
The procedure is formalized only after a positive decision is made by the Pension Fund of the Russian Federation, for which you need to submit a corresponding application there, which should be accompanied by a state-issued certificate and documents on the restoration of the house. If the Pension Fund approves the application, then funds from maternity capital will be transferred to the personal account in two stages:
- An amount of no more than half of the unspent funds will be transferred. It will be available for withdrawal for two months after the application is approved.
- After six months from the start of the first payment, you can withdraw the remaining money. At the same time, you will need to confirm with documents the fact of reconstruction of the house.
You can find even more information about this by watching this video.:
Legal nuances of reconstruction
It is worth noting that the issued permit for the reconstruction of a private house has a restrictive period of ten years . If during this time the construction process has not begun, the document ceases to be valid and in order to start rebuilding again you will have to go through all the stages again .
Quite often, specialists from self-government bodies require a certificate from the owner stating that there are no debts or claims regarding the site where restoration will take place.
Remember that even after obtaining permission, design documentation must be provided to the local Architectural Department.
So, as we found out, in order to reconstruct a private house we need to obtain the appropriate permission, without which it is illegal to carry out such work.
Otherwise, you may be forced to rebuild everything back or be fined a large amount, because ignoring the norms and rules of the Town Planning Regulations can harm the entire building, neighboring buildings and the health of citizens.
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Category “Protecting your rights”:
How to legalize a house on a plot of land
Many landowners believe that they are the absolute masters of their own land, so they can build whatever they want. This is mistake. Any facility under construction must be approved and registered in accordance with all the rules. Otherwise, such a structure is recognized as a self-construction. There are a number of signs that indicate unauthorized construction. These include:
- Construction of a house on land that is not registered as a property;
- Inappropriate use of the territory: residential development is permitted only on plots of individual housing construction and private plots;
- The work was carried out without approval from the supervisory authorities;
- The constructed house violates the current norms and regulations: violation of indentations, non-compliance with fire safety regulations, etc.
These conditions apply to all objects without exception: new ones and those that were already on the site at the time of its acquisition.
If you do not legalize a house on a land plot, an administrative offense will be created under Article 9.5 of the Code of Administrative Offenses. According to this document, individuals can be fined up to 5,000 rubles, legal entities - up to 1,000,000 rubles. In addition, municipal authorities oblige violators to eliminate illegal buildings. This requirement must be met within a year.
Legalization of unauthorized construction is carried out in two ways: without trial or through court. The first option is preferable.
