- Preparatory stage
- Procedure for renting an attic
- Procedure for registration of an attic in ownership
- Is it worth trying to legitimize the squatter attic
Many tenants of apartment buildings are thinking about the possibility of joining an attic space to their dwellings. This article describes the various options for obtaining this premises at your disposal, as well as the list of activities and documents required for this.
First of all, people who want to improve their living conditions at the expense of the attic should decide how they will do it: by concluding a lease agreement or registering ownership. Residents planning to sell an apartment in the foreseeable future should take care of the privatization of the attic space. For those who are going to use the additional space for their own purposes, it will be enough to conclude a simple lease agreement.
According to article 36 of the Housing Code of the Russian Federation, attics in apartment buildings are the common property of all residents and permission to transfer them to individuals can only be accepted at a general meeting of house owners. Therefore, first of all, it is necessary to find out whether an association of homeowners (HOA or housing cooperative) is formed in the house and first talk with its members about the possibility of obtaining an attic space.
Next, it is worth contacting the BTI and Rosreestr, and find out if the attic is registered and whether it is, according to the documents, a common area.
Another important point is to find out if the building is classified as demolished according to the Master Plan. In Moscow, for example, you can find out in the district department of housing policy and housing stock of the city or on the websites of prefectures.
The next step will be to obtain an expert opinion from the Bureau of Technical Inventory on the technical feasibility of rebuilding the attic. After all, if it is impossible to transfer engineering communications from its part that interests the owner of the apartment, or because of the peculiarities of the premises, it will not be possible to carry out its refurbishment in accordance with the current technical standards, it will not be possible to obtain ownership or use of the attic.
Procedure for renting an attic
- BTI representatives are carrying out measurement work. Without them, the definition of the area and boundaries of the room will be impossible..
- It is necessary to obtain the written consent of the tenants for the lease and re-equipment of the attic (the consent of 2/3 of the tenants is required). It should be remembered that tenants living in apartments under a social tenancy agreement are not the owners of the house and therefore, instead of them, the City Department of Property Relations will give consent to rent and re-equip the attic..
- A lease agreement is concluded and its state registration is carried out with the Federal Registration Service
- The project is ordered in any organization that has the appropriate license.
- A sufficiently large package of documentation is being collected, which is necessary for the approval of the reconstruction project with various regulatory authorities (technical conditions for engineering networks, city plan of the building’s land plot, technical conditions for examining the supporting structures of the building, etc.). A complete list of documents can be found in the company from which the project is ordered.
- Direct work is underway to rebuild the attic. Commissioning is underway.
- An act of completed reconstruction is drawn up, which is issued by the acceptance commission of the city housing inspectorate (for example, in the capital it is the state housing inspectorate of the city.
- Corresponding changes are made to the technical documentation. To do this, you must contact the bureau of technical inventory.
- Changes are made to the lease.
Procedure for registration of an attic in ownership
The activities carried out when concluding a lease agreement and registering ownership are largely the same (paragraphs 1, 3, 4, 5, 6, 7, 8 of the previous procedure). The differences lie in the fact that when registering an attic in ownership, the consent of not 2/3, but of all owners of an apartment building is required. And instead of a lease, a certificate of ownership of the premises is obtained.
Is it worth trying to legitimize the squatter attic
Often, apartment owners, who do not want to spend time and money on obtaining numerous permits and approvals for the reconstruction of the attic, arbitrarily convert it into an attic, and then try to recognize the ownership of the construction object in court. Most often, the courts do not satisfy such statements of claim, obliging the plaintiff to pay a fine for violation of the Code of Administrative Offenses and deciding to demolish an unauthorized building, in accordance with Article 222 of the Civil Code of the Russian Federation, at the expense of the person who carried it out. Therefore, you should not choose a similar method of joining the attic to the apartment..
Thus, attaching an attic is quite possible. But this process will take a lot of effort, time and money from the owner of the apartment, so you should soberly assess your capabilities before taking on this difficult task..