Redevelopment of apartments: new rules

On February 25, a new procedure for the reorganization of premises in residential buildings began to operate in Moscow, approved by the decree of the Moscow government dated February 8, 2005 No. 73-PP. The same document establishes a list of permitted reconstruction works and conditions for their implementation, as well as a list of restrictions.

The head of the State Housing Inspection of the city of Moscow (Moscow Housing Inspection), Alexander Strazhnikov, at a press conference held on March 3, introduced the public to the new rules of the game.

In accordance with the adopted resolution, from now on, the Moscow Housing Inspection will accept and consider applications, as well as issue a permit for the reconstruction of works. The same organization will monitor compliance with the rules for the repair and its timing, as well as deal with acceptance and approve the act upon completion of the reconstruction..

Acceptance of the necessary documents and issuance of permits for redevelopment will be carried out by “one window” services organized in the structural divisions of the Moscow Housing Inspection in each administrative district. According to Alexander Strazhnikov, they are already operating in the Central, North-East, East, South-West and Zelenograd districts. On March 14 they should open in the South-East, and on March 23 – in the North and West districts. According to Alexander Strazhnikov, in the South and North-West districts the issue of opening “one window” services has not yet been resolved, since the prefectures still cannot find a room for their accommodation..

“Nobody sets the task of hindering citizens in their right to improve their housing and make living in it more comfortable,” said the head of the Moscow Housing Inspection.

— Our main goal is to establish a civilized order in which people can realize their architectural and design fantasies without destroying the house and not creating problems for neighbors. “.

According to Mr. Strazhnikov, the result of the innovations will be to simplify the procedure for approving redevelopment by reducing the number of approving instances and reducing the time for consideration of documents. “A permit for redevelopment of apartments will be issued free of charge and within a period not exceeding 20 working days,” he stressed..

To obtain permission for reconstruction, you must submit four documents to the one-stop shop.

This is, firstly, an application for reorganization, which includes a list of planned works, a guaranteed regime and timing of their implementation, the consent of family members and other interested parties confirmed by personal signatures, as well as an obligation to ensure free access of officials to check the progress of work. Secondly, a copy of the document on the rights to the premises (moreover, for buyers of apartments in new buildings who have not managed to register their ownership, there is enough paper from the investor confirming the sale of this apartment). Third, a copy of the floor plan and explication (from the BTI).

With the fourth document – the design documentation of the redevelopment, agreed in accordance with the order of the Mayor of Moscow No. 378-RM, it is more difficult.

The head of the Moscow Housing Inspection recommended ordering the project in a specialized organization (for example, in the Moscow Committee for Architecture and Construction or the Research Institute “Moszhilniiproekt”). Residents of typical houses, according to Mr. Strazhnikov, can contact their developers. If the redevelopment affects the supporting structures (especially when combining apartments), the project must receive the conclusion of “Moskomexpertiza”. In addition, the head of the Moscow Housing Inspection assured that in the future they plan to release citizens from the approval of the project, entrusting this responsibility to its author.

In general, the procedure for agreeing on redevelopments will look like this.

First, you will need to find a certified architect (or organization) who will develop the project and draw up a professional responsibility agreement with him. Then you should familiarize the manager of the house with your plans and get the consent of the neighbors. After that, it is necessary to submit the project for examination to the housing inspectorate, having previously insured your liability to third parties for the possible consequences of construction work and signing a paper stating that you will not interfere with the arrival of “guests” in the person of a housing inspector, a house manager or a representative of the housing department.

Muscovites, who consider the task of collecting documents for redevelopment too tedious, are not prohibited from using the services of intermediary firms. “The main thing is that these are competent authorities. Projects for redevelopment should be developed only by those firms that have the appropriate license,” said Mr. Strazhnikov.

However, drawing up a project will only be required for “serious redevelopment” – for example, the elimination of partitions between rooms or the joining of a loggia to the living area of ​​a room. In less difficult cases, according to Alexander Strazhnikov, it will be possible to confine ourselves to manually applying a graphic image of the redevelopment (sketch) on a copy of the floor plan – the Mozhsilinspection will not require any approvals. The usual repair of premises, the installation or disassembly of built-in furniture and mezzanines, the replacement (without reinstallation) of engineering equipment with similar parameters and technical device is not considered a reorganization at all, and this can be done without special permission.

It seems that there will be no indulgences for apartment owners in houses with free redevelopment.

“The sale of open-plan apartments contradicts both the Urban Planning Code and common sense,” Strazhnikov said, “and we are categorically against the sale of unfinished construction, as a result of which people have to live in a state of continuous repair for many years. But today in Moscow it is a reality, therefore, having bought an apartment in such a house, you need to find an architect and make a project, and then the procedure is the same “.

Completed work on the reconstruction of the premises will be accepted by a commission, which will include representatives of the Moscow Housing Inspection, the district council, the project developer and the contractor, as well as the manager of the residential building.

Those wishing to legitimize the redevelopment already made, it is enough to bring to the Moscow Housing Inspection “a floor plan with a sketch of the work performed on it. The inspector, having made sure that no one has been harmed as a result of the reconstruction, will draw up the necessary documents.” neighbors’ bedroom – will have to be redone “, – warned Strazhnikov.

If the tenants refuse to comply with the instructions, their cases will be transferred to the bailiff service, and after that the mechanism of the judicial system will be launched. No less serious consequences await those who will not allow uninvited guests to enter:

The Moscow Housing Inspectorate can file a claim, and the court can decide on the “capital punishment” – deprivation of ownership and sale of apartments at public auction.

As for tenants of housing, they will terminate the lease agreement and evict them from the apartments..

The head of the Moscow Housing Inspectorate stressed that his department does not conduct raids on apartments and, as a rule, receives information about the unauthorized reorganization of apartments from the affected neighbors. As a result, in 2004, 1652 facts of unauthorized redevelopment of apartments in the commercial fund and 442 in the municipal one were revealed in Moscow. All violators were punished (administrative responsibility implies sanctions in the form of a fine in the amount of 20 to 25 minimum wages or “warnings”), they were asked to return the apartment to its original form.