- ?Required documents
- Responsibility for unauthorized apartment redevelopment
- What changes in the apartment cannot be legalized
- What changes can be made without approval
- What else should you pay attention to when redeveloping an apartment
After that, you need to contact the relevant municipal authorities to obtain approval for the redevelopment. In Moscow, for example, a district or municipal interdepartmental commission (MVK) issues a permit to redevelop an apartment. It is here that it is necessary to submit the redevelopment project and other documents approved by the relevant authorities..?
To agree on the redevelopment of a dwelling, it is necessary to collect the following documents:
- Technical passport of the apartment, issued in the BTI (Floor plan, certificates f.1a and f.5).
- Redevelopment project prepared by a licensed design organization.
- Technical opinion on the possibility of implementing the appropriate redevelopment of the living space.
- Conclusion of the EMERCOM of Russia (fire department) on the possibility of redevelopment.
- Conclusion of Rospotrebnadzor (SES) on the possibility of redevelopment.
- Approval of the author of the project of the house or an authorized architectural organization.
- Consent of all apartment owners.
- Notarized copy of the certificate of ownership of the premises.
- Unified housing document.
- Approval of the organization on the balance sheet of which the house is located: PRUE, DEZ, management company, HOA.
- Agreement for the implementation of technical supervision of construction work with an organization that has a license to carry out this type of activity.
However, it should be noted that this list of documents is not final. In some cases, the commission may also require additional documents to be provided. The owner of the apartment may also need approval from the gas service and power engineers, as well as the written consent of neighbors to carry out work in the apartment.
Responsibility for unauthorized apartment redevelopment
If the housing inspectorate reveals the facts of unauthorized redevelopment of premises and the discrepancy between the actual state of the apartment and its inventory and technical documentation, then it will inform the relevant state authorities about the violation. In this case, the violator will face the following sanctions:
Fine.The fine is imposed by the housing inspection. (The amount of the fine is from 25 minimum wages).
Obligation to obtain an appropriate permit.Remember, paying a fine does not relieve the owner of an apartment with illegal redevelopment from the obligation to coordinate the changes made in the configuration of the living space. The Housing Inspectorate also issues an order to the offender, which specifies the exact period during which he must issue a permit. If the order is ignored, the owner will be fined again. (The amount of the fine in this case will be at least 80 thousand rubles).
Lansky Valery. Woman with a sledgehammer. 2011
The requirement to bring the premises to their original condition.If it is not possible to legitimize the redevelopment made due to the inconsistency of the changes made with the norms of SNiP, then the owner of the premises will be fined and obliged to return everything to its place and restore its original appearance.
Sale of an apartment by auction.If you ignore the instructions of the housing inspection, and avoid legalizing the redevelopment, according to the norms of the Housing Code of the Russian Federation, the court has the right to put the apartment up for auction. After the sale of the apartment, the owner will be refunded a part of its value minus legal costs and expenses for bringing it to its original state.
What changes in the apartment cannot be legalized
According to the norms of the RF Housing Code, there are a number of changes in residential premises, the implementation of which is not subject to approval and legalization. You cannot get permission in the following cases:
- If the redevelopment leads to a deterioration in the operating conditions of the house and people’s living.
- If the modified premises and / or adjacent premises in the prescribed manner can be classified as unfit for living.
- If during the redevelopment the premises that are registered with the headquarters for civil defense and emergency situations may be affected, and there is no appropriate permission to carry out these works.
- If, as a result of the work, the strength and stability of the supporting structures of the building can be violated, which can lead to their destruction.
- If regulating and / or disconnecting devices are installed on common apartment (common building) engineering networks, when their use affects the volume of resource consumption in adjacent rooms.
- When the project contains a reduction in section or complete elimination of natural ventilation channels.
- When the loads on the supporting structures of the building increase significantly and exceed the design values (for example, when installing partitions made of heavy materials instead of partitions made of light materials, installing screeds in floors, placing additional equipment, etc.).
In typical residential buildings, it is not allowed:
- Cutting out niches, making openings, punching holes in walls-diaphragms, walls-pylons and columns (pillars, pillars), as well as in the locations of connections between prefabricated elements.
- Device without agreement with the design organization of additional openings in the wall panels of adjacent rooms in height.
- Arrangement of shtrab under internal wall panels and in horizontal joints, as well as in floor slabs and wall panels for placing electrical wiring or piping.
What changes can be made without approval
Without registration of design and permits, the following works can be carried out:
- “Cosmetic” repair, including replacement of external joinery elements without changing the color and pattern.
- The device of built-in furniture: mezzanines, cabinets that do not form independent rooms, and the area of which is subject to technical accounting.
- Replacement (without rearrangement) of the engineering equipment available in the apartment with a similar technical device and parameters.
- Installation of air conditioners on the facades of apartment buildings in Moscow (according to the decree of the Moscow Government dated 22.03.2011)
Note that the mayor of the capital, Sergei Sobyanin, promised from December 1 of this year to simplify the procedure for approving redevelopment for residents of the capital and expand the list of works that can be carried out without approval. In particular, it is planned to allow the demolition of wall cabinets and interference with the construction of curtain walls.
What else should you pay attention to when redeveloping an apartment
Getting permission to redevelop is just the beginning. After the permit is received, you can safely proceed to the implementation of direct repair work.
It should also be noted that when carrying out repairs, including redevelopment of the premises, it is necessary to keep a special log of repair and construction work, in which all the actions of the work team should be strictly recorded. If some hidden work was carried out (for example, strengthening the load-bearing wall), then an act of hidden work is drawn up, signed by representatives of the contractor, the customer and the organization that carries out architectural supervision.
After the completion of all work, the premises must be accepted by the housing inspection commission, which will check the correctness of the work performed and their compliance with the submitted project. After signing the act of acceptance of the premises, the inspection sends all documents to the BTI. In a couple of weeks, BTI will prepare a new certificate. However, even here some difficulties may arise, for example, if the area of the apartment (residential, non-residential, general) has changed during the redevelopment, then the owner will also have to obtain a new Certificate of ownership of this apartment.
If you have previously altered something in the apartment, then be sure to register the changes, permission can be obtained already upon the repair work. Thus, by legalizing the redevelopment, you will avoid problems in the future. After all, unauthorized redevelopment not only threatens with a fine, but it is very difficult to sell or donate an apartment with illegal redevelopment. The registration procedure and the list of documents in this case are exactly the same.