Redevelopment and reconstruction according to the new code

Recommendation points

In our apartment, we can, without asking anyone, do not so much: carry out “current repairs of premises”, install built-in furniture, replace engineering equipment “similar in parameters and technical device”. All.


But what about dreams of a large bathroom, a kitchen-living room, a room combined with a loggia, an arch instead of an unnecessary door, a dressing room, finally? But these your dreams are called the following terms: “redevelopment” (changing the configuration of the home) and “rebuilding” (installation, replacement or relocation of utilities, plumbing, electrical or other equipment).

In the new Housing Code (LCD), which entered into force on March 1, 2005, these concepts are differentiated, but for you the essence is the same: all these actions will have to be coordinated with the most different, whether higher or lower standing authorities, to receive a new registration certificate for an apartment – and only then the realization of your fantasies will be legal. It should be borne in mind that “the reconstruction and (or) redevelopment of the living quarters”, as stated in the LCD, “should be both safe for the people living in it, and should not interfere with other residents of the house.” Building and sanitary standards must not be violated either.

What dreams are you most likely to say goodbye to??

The most typical forbidden dreams: the destruction of air ducts and load-bearing walls, as well as an increase in loads on load-bearing structures.

The most exclusive forbidden dreams are those that “affect premises in residential buildings registered with the civil defense and emergency headquarters without the permission of the chief of staff.” It is clear that you have no time for jokes. You really want a change. Probably, you will carry out these changes according to your temperament, fundamental attitudes, strength of nerves, employment and the availability of banknotes. so.

Option one: all by myself

So, you are a law-abiding citizen, active, independent. You are not afraid of “papers”, various instances with various officials and thoughtful reading of laws. In this case, you must submit an application to the “approval body” (in Moscow this is the Moscow Housing Inspection), which will indicate the types of construction work, their mode and terms.

The application must be accompanied by a certificate of ownership or a social tenancy agreement, a “tracing paper” of the BTI with a floor plan, an extract from the house book and a copy of the personal account, a certificate of the absence of rent arrears. It would also be nice to attach the written consent of all neighbors with the redevelopment you declared in order to avoid excesses during the renovation.

Is that all? Of course, not all. You will be required to provide a technical opinion on the possibility of the proposed reorganization, which is drawn up only by a licensed organization (design institute). To do this, you will have to put a sketch of the planned redevelopment on a copy of the apartment plan and take the plans from the BTI with you. The design organization conducts a technical inspection of the building and apartment, determines their physical and moral deterioration, draws up plans for interfloor floors, load-bearing walls and structures, engineering systems, etc. As a result, you receive a sketch or project and the longed-for technical opinion. This is the end of the first part of the epic, if the redevelopment you have conceived is simple – for example, work with non-load-bearing partitions or “transferring plumbing equipment within the existing premises and changing engineering connections to this equipment, but without changing the structures of existing risers”.

If you have conceived a more complex redevelopment, then you will have to coordinate the project in other organizations, including SES, Gospoznadzor, architectural and planning organizations, etc..

In each of them, you have to officially pay departmental fees, well, this is … according to the situation. Practice shows that the amount of official payments ranges from $ 500 to $ 900. e.
After submitting the package of documents, you wait no more than 20 working days and receive an order to permit “redevelopment and (or) reconstruction” (refusal must be clearly motivated). How long it will take to get all the papers before they are submitted, you can calculate approximately yourself. Next, you need to urgently start repair and construction work, because you must meet the stated deadlines.

After the work is done, you cannot relax, because the final stage of the epic called “approval” begins: a commission from the “approval body” should come to you and sign an act on the redevelopment.

On the basis of this document, all changes are made to the existing BTI plan. Everything, redevelopment has been agreed. Fearfully?

Option two: for money

So, you are a law-abiding citizen, but hating “papers”, instances, officials’ faces. You have no time and do not want to do all this yourself. But you have the opportunity and the means to entrust this work to professionals. Then you apply to the appropriate licensed company, or you are looking for a reliable person through your acquaintances who is ready to take on all this routine work for a fee..

A lot of such firms have appeared recently: this is both good and bad for you..

Well, because among them it is quite possible to choose the one that suits you exactly in terms of the price and range of services offered; bad, because monitoring and negotiations can take a long time.

Somewhere you will be offered a cost optimization plan, that is, they will show you a price list that lists prices for each stage of reconciliation of redevelopment, and then you yourself will decide how much of the trouble you take on and what you give to professionals. Somewhere you will be offered discounts if you order a redevelopment project with approval and a design project at the same time (by the way, these are completely different things). In construction firms, discounts are usually offered if you conclude a contract with them for subsequent repair and construction work.

One of the important points of the agreement with such firms is that they undertake the coordination of adjustments in the project in the course of construction work..

The terms for agreeing on the redevelopment are different – from 2 to 4 months, they depend on the complexity of your project and, of course, on the price. If you want faster – pay more.

In general, the services of such firms for the approval of redevelopment are estimated from about 600 to 2000 cu. e. Do not forget to add official payments to these amounts, then the picture will become clearer. Fearfully?

Option three: fuck you all

So you are a fatalist. You decide that all this paper-money-time-consuming red tape is not for you and let all these instances go to hell. All your acquaintances have done or are doing this a long time ago – and nothing, they live happily ever after and don’t blow their minds.

Therefore, you just take it and begin to destroy walls, erect partitions, cut through niches and windows. In legal language, your actions are called “illegal redevelopment”.

Then everything depends only on the coincidence of circumstances. If the neighbors are not excited by the noise of crumbling walls, mountains of debris and building materials brought in, you are in luck..

If they get excited, then they may not come alone, but also bring employees of the DES or HOA with them. Then you will most likely be handed a prescription in which you will be asked to appear in the official bodies and provide documents for redevelopment of the apartment. Then you will have to pay a fine ranging from 10 to 25 minimum wages. But the most unpleasant thing is this: “the owner of a dwelling that was arbitrarily rearranged and (or) re-planned, or the tenant of such a dwelling under a social tenancy agreement is obliged to bring such a dwelling back to its previous state” (LC). So either bring the apartment back to its previous state, or fill out the documents and legitimize your unauthorized redevelopment. The procedure is approximately the same as for law-abiding citizens (see options 1 and 2).

Well, if you are lucky and no one has touched you or is not touching you yet, then it’s great – by the way, many live like this.

Fatalists only need to remember that the apartment after illegal redevelopment will not be considered “legally clean”: it cannot be sold or bequeathed.

The same procedure may have to go through those fatalists who bought an apartment with “illegal redevelopment” created by the previous owners before the laws were tightened. Unfortunately, fatalists also risk the fact that their violent fantasies (for example, connecting bathrooms in neighboring purchased apartments and arranging a small glamorous pool there) and their illiterate actions can lead to much worse consequences – cracks, leaks, collapses of structures, serious accidents … Fearfully?

Option four: what if I’m a neighbor

So, if you are a fatalist’s neighbor … Having heard the noise that is by no means cosmetic repairs, feel free to ask the neighbors for documents on the approval of the redevelopment. After all, your personal safety also depends on it. The law is on your side, and the consequences are better prevented than corrected later.

Well, if you are just a squabbler and you are bored of living without quarreling with neighbors about any noise, then remember that both your uncoordinated metal door and your uncoordinated glazed loggia also belong to what is called in official papers “reorganization and (or ) redevelopment “. And the fire inspection, most likely, will not like them very much. So that you can be ruled.

P. S. By the way, some of the renovation specialists we interviewed, as it turned out, believe that soon (at least in Moscow) the redevelopment of apartments will turn into an “opposite common place”: instead of a standard standard apartment, those who wish to receive a standard re-planned standard apartment.

The arguments of the specialists, which they expressed in private conversations, are approximately the following: “Well, not a thousand options for redevelopment in a two-room or three-ruble house of a panel house can be offered to you. Usually 1-2. This turns out” like everyone else. “So sometimes people you just need to understand what they really want. Maybe someone just needs to buy a new vase, re-glue the wallpaper, change the curtains … “

True, for some reason, builders don’t tell their clients such things.

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