- The legislative framework
- Redevelopments that require and do not require legalization, restrictions on redevelopment
- Requiring legalization
- Not requiring legalization
- Restrictions on redevelopment
- Redevelopment approval and legalization
- Coordination and legalization of the project
- Approval and legalization according to the sketch
The legalization of the redevelopment must be carried out in accordance with the procedure approved by laws, and in the case of already performed work – through imitation of the process or through fines and court. We will talk in this article about in what cases legalization is necessary, what documents are needed and who is coordinating and approving the redevelopment..
The issue of legalizing the redevelopment of an apartment has many nuances and depends on the type and location of the changes being made, the type of building and the requirements of city authorities, which may differ slightly. It is more prudent to carry out the changes in the order and in accordance with the legal norms, so there will be no problems with possible checks or when selling housing with a new configuration of the apartment.
The legislative framework
In the terminology, two concepts are distinguished for changes made to a dwelling:
- reorganization (re-equipment) – changes relate to engineering networks, electrical equipment, plumbing fixtures, which require making appropriate entries in the registration certificate of the room;
- redevelopment – changing the shape and / or size of the room by moving walls, door and window openings, which is also recorded in the data sheet.
The main regulatory document for the redevelopment of apartments is the Housing Code of the Russian Federation, in the current edition of 2016, namely, Chapter 4 (Articles 25-29):
- types of redevelopment and re-equipment;
- the basis for the work;
- in what cases approval is refused;
- execution of the Certificate of Completion;
- the consequences provided for by the code in case of unauthorized redevelopment.
Information about the permitted and prohibited by law conversions and redevelopments is given in the “Rules and Norms for the Technical Operation of the Housing Stock”, approved by the State Construction Committee of the Russian Federation in 2003, namely in clause 1.7.
For Moscow, one should also be guided by the PPM dated 10/25/2011 No. 508-PP “On the organization of the reorganization and (or) redevelopment of residential and non-residential premises in apartment buildings and residential buildings” (as amended on 2 Aug 2016) with mandatory annexes … In the resolution, all stages of work, the procedure for coordination and approval are most fully considered, forms of applications, acts, permits are given, restrictions on the implementation of redevelopments are listed. This document can be used as a reference for residents of other cities, especially if the local authorities have not adopted a similar resolution.
Important!The Code of Administrative Offenses (Code of Administrative Offenses of the Russian Federation, Art. 7.21) determines the amount of the fine for unauthorized redevelopment of premises in apartment buildings in the amount of 2.0–2.5 thousand rubles, in residential buildings – 1.0–1.5 thousand rubles … If a redevelopment is found, for which a permit cannot be obtained, the owner or tenant of the apartment is obliged to eliminate the alterations at their own expense. In case of non-payment of the fine and / or non-elimination of changes, it is possible to increase its amount threefold, and in some cases even sell an apartment through tenders..
Redevelopments that require and do not require legalization, restrictions on redevelopment
Consider what changes are possible in principle, and what redevelopments require or do not require permission.
Most of the alterations that are planned during capital repairs or at the entrances to a new building require legalization:
- additional walls and partitions, increased thickness (weight) of flooring, increasing the load on the floors (over 150 kg / m2) and load-bearing walls;
- connection of two rooms or two apartments into one with violation of the integrity of the bearing walls;
- expansion of the usable area due to storage rooms;
- moving a bathroom, bath, installation of shower cabins, jacuzzi outside sanitary areas;
- change of configuration and size, transfer of balconies, loggias, windows, stairs, doorways;
- installation of equipment requiring the laying and connection of communications – gas stoves (replacement of electric stoves with gas and vice versa), columns, boilers, household and plumbing fixtures connected to the water supply and sewerage system;
- connection of communications;
- installation / dismantling of staircases;
- equipment of vestibules with changing their sizes.
Not requiring legalization
You can not legitimize the following changes:
- unification of premises with violation of integrity or demolition of non-capital walls;
- installation / dismantling of built-in furniture;
- replacement of communications and equipment with similar objects installed at the same place;
- glazing of balconies, loggias;
For changes that do not need approval and permission, it is enough to make the appropriate changes in the registration certificate of the apartment. This is done so that there are no problems with real estate transactions.
Restrictions on redevelopment
First of all, make sure that you have the right to perform redevelopment at all. For example, often in the case of purchasing an apartment on a mortgage for the entire payment period, any configuration changes may be prohibited..
In addition, permissions are not issued for changes that entail:
- violation of strength and possible destruction (complete or partial) of the supporting structures of the building;
- difficulty or termination of the functioning of engineering systems;
- deterioration of the aesthetics of the building facade;
- difficulty in using fire exits and devices;
- deterioration of the living conditions of residents of an apartment or house as a whole.
Opening in the load-bearing wall with structural reinforcement
Thus, it is prohibited:
- organize openings (doors, windows) in load-bearing structures without additional reinforcement;
- unite apartments located on different floors, if this is even associated with partial dismantling of the interfloor overlap (without performing special work);
- dismantle parts of the facade in order to combine the living quarters and the loggia (without performing special work);
- combine sanitary rooms with living rooms;
- attach balconies, loggias, verandas to apartments on the ground floor and cellars under their balconies / kitchens (depending on the location);
- take out radiators to balconies, loggias;
- equip water-heated floors in an apartment and multi-storey building;
- block ventilation ducts and fire escapes.
The video shows illegal redevelopment and its consequences:
Redevelopment approval and legalization
First you need to get the technical plan of the apartment, drawn up in the BTI. Coordination of the redevelopment of an apartment with small changes can be carried out according to a sketch, others require a project. Redevelopment permits can be handled by the housing commission (inspection) or the multifunctional center (MFC).
Coordination and legalization of the project
The approval of project changes is carried out before the start of work. If the redevelopment has already been made, it is necessary to create an imitation of a normal process: agree on the redevelopment as an upcoming one, withstand the time “to complete the work” and then finally legalize it. This method is associated with a certain risk and is not recommended in cases where this situation can be avoided..
The project is required to be executed in the following cases:
- installation or transfer of a gas stove connected to the main line with a stationary pipeline (with a flexible hose – not required);
- installation of an electric stove instead of a gas one;
- relocation of sanitary, “wet” areas (except for relocation of the installation site of the washing machine and dishwasher);
- erection of capital walls;
- the creation of openings in the main and inter-apartment walls and ceilings;
- strengthening, changing the device of floors – it is important for new buildings, since they are rented out without a topcoat, when moving the kitchen, bathroom (waterproofing);
- creation of new massive partitions with a thickness of more than 100 mm (plasterboard walls on a metal frame – do not require). In houses with completely wooden interfloor ceilings, all partitions require legalization;
- all changes concerning the facade of the building.
Example of an agreed redevelopment project
The redevelopment project must be ordered from a specialized organization. Project approval can be done independently or with the help of intermediary organizations for an additional fee. The project is approved by the housing office (TPP, HOA), the Ministry of Emergency Situations, the gas service, architectural and construction supervision and the chief architect of the territorial unit, Vodokanal, Fire Safety Supervision, Elektronadzor, SES – the set of permits from the authorities depends on the alterations being made.
Before the implementation of the project, it is necessary to obtain a technical passport for the apartment, a floor plan and an explication to the plan from the BTI.
The following package of documents is submitted to the licensing authority:
- title deed (copy certified by a notary or regular copy + original, which is returned to the owner);
- redevelopment application;
- written consent of all tenants and the owner (in case of rent) registered in the apartment for redevelopment;
- a redevelopment project approved by the authorities;
- technical passport of the BTI for the apartment;
- list of submitted documents.
Approval and legalization according to the sketch
This type of approval is made after the completion of the work and if there is absolute confidence that all alterations do not violate legal and construction standards. In view of the various requirements imposed by different housing inspectorates, it is better to clarify in advance the list of possible alterations for approval according to the sketch.
The sketch can be made “by hand” independently on the plan of the apartment, made by BTI. The elements to be dismantled are indicated in red, and the elements being erected (installed) are indicated in green. An explication with a list of equipment and work performed is attached to the sketch.
Example of a completed sketch
Approval according to the sketch is possible in cases of moving curtain walls, combining a toilet with a bathroom and reinstalling plumbing fixtures within the “wet” zone without laying new communications, sealing openings and other minor alterations.
With this type of approval, the housing inspection is provided with:
- title deed (original and copy – the original is returned after verification, for non-privatized apartments – a certificate from the EIRTs);
- technical passport of the BTI apartment;
- application for approval (filled out at the place of filing);
- a sketch of the BTI apartment with the changes and explication of the work;
- list of submitted documents.
Redevelopment permission example
The Housing Inspectorate sends a specialist to verify the work performed with the provided sketch and draws up an Act of Completed Reorganization, which it sends to the BTI to make changes to the technical passport of the apartment.
Advice!In any cases of transfer of documents, you need to make spare photocopies and take a receipt for receiving a package of documents according to the inventory. Make sure the attached certificates are not expired.