How to legalize redevelopment in an apartment and not be mistaken

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

Check with the authorities before breaking and building walls.

Why legalize apartment redevelopment

If some rules are invented in order to break them, then the planning norms are not among them. This is not a whim of the state: if you demolish and erect walls on your own, there is a risk that the whole house will collapse. And moving the sink from the kitchen to the room can lead to the fact that neighbors will never be able to sleep peacefully again due to the sounds of gurgling water.

The planning rules were created in order to make the life of all people in the house comfortable and safe.

So that the motivation of citizens to agree on the redevelopment was higher, there are some penalties and restrictions for those who did not:

• For arbitrariness, a fine of 2–2, 5 thousand rubles is imposed.
• If the redevelopment does not comply with the norms and cannot be legalized, the owner will be obliged to return everything as it was. Otherwise, he will be evicted, and the housing will be sold at auction.
• It will be difficult to sell an apartment on a mortgage: the bank will refuse a loan for a home, the condition of which does not correspond to the technical passport.
• Responsibility for redevelopment after the sale will be borne by the new owner, so that the pool of potential buyers will be narrowed due to this.

What redevelopment is prohibited

There is no exact list of permitted changes, but there are requirements that a living space must meet. In accordance with them, as well as with sanitary rules, it is prohibited:

• Demolish or change the load on supporting structures. In some cases, it is allowed to make an arch in the load-bearing wall, but first you will have to strengthen it so that the building does not form.
• Reduce living space, for example, expand a corridor at the expense of a room.
• Dismantle or reduce ventilation ducts.
• Transfer heating radiators to balconies and loggias.
• Combine the kitchen with the room if a gas stove is installed.
• Increase the area of the apartment at the expense of the entrance, technical floor, attic.
• Expand non-residential premises at the expense of residential ones.
• Allocate rooms less than 8 square meters and without a window.
• Move bathrooms so that they are above the living rooms of neighbors. This prohibition can be ignored if the apartment is located on the ground floor or if there are no living quarters under it, for example, it is located above the entrance.

A controversial point is the transfer of the kitchen. This is where the requirements for living quarters and SNiP come into conflict. One document forbids moving the kitchen, the other is silent on this matter. Sometimes such a redevelopment can be legalized through the court, if he considers that you are not violating the rights of neighbors. In practice, it is wise to assess the severity of the headache that a dispute with the municipality will bring you. It might not be worth it.

For panel houses, additional restrictions apply due to design features. It is better to get permission from specialists before redevelopment, so as not to turn the building into ruins.

What redevelopment of the apartment is allowed

It seems that almost any modification is prohibited. This is not entirely true. Some types of work can be carried out without notifying the authorities at all, for example:

• make cosmetic repairs;
• change windows;
• replace heating elements with similar ones;
• glazing balconies - without additional insulation.

There are also common types of redevelopment, which are often agreed upon:

• combining bathroom and toilet;
• expansion of the bathroom at the expense of the corridor;
• combining the room and kitchen with an electric stove;
• relocation of doorways in curtain walls;
• arrangement of storage rooms, dressing rooms;
• the construction of new walls to divide the space (but only without increasing the load on the structures, this is prohibited);
• transfer of communications;
• moving gas appliances;
• an increase in the room due to the corridor, provided that its width is at least 90 centimeters.

How to legalize the redevelopment of an apartment

To negotiate with the authorities about redevelopment, there are two mechanisms that are slightly different from each other. These are not official statements, but they describe the situation eloquently.

Redevelopment approval

In this case, you notify the authorized agency in advance of your intentions to move the walls, obtain permission and build everything according to the project. The process consists of several stages.

1. Order a redevelopment project

For this, choose an individual entrepreneur or a company in which they will not just draw a project according to your sketch, but already at this stage will be able to point out mistakes in redevelopment so that you can avoid problems. Reviews will help you find the right company.

Ideally, the company should have a certificate of admission to design work from one of the self-regulatory organizations (SRO). In general, the Ministry of Construction explained that this is not a mandatory requirement. However, it is still listed as necessary on the websites of the MFC and municipalities. In addition, it is one of the indicators of the quality of the organization's work.

You will need to bring a technical passport. It is obtained from the Bureau of Technical Inventory (BTI). This can be done directly at the department or through the MFC. In some regions, you can order a document through electronic services.

The company's specialists must give you a redevelopment project and a conclusion on the safety of the planned work.

2. Agree on the project with the municipality

Take to the city (district) administration or submit a package of documents through the MFC:

• Application for redevelopment or reconstruction ().
• A document confirming the ownership of the apartment, but only if the data about this are not reflected in the Unified State Register of Real Estate. The department must order a certificate from the USRN independently.
• Renovation project.
• Conclusion on the admissibility and safety of work.
• The consent of the rest of the owners, if you do not own the apartment alone ().

Within 45 days (the period may vary slightly for different cities) the administration will make its decision. If it refuses, you will have to redo the project or prove the right to redevelop in court. If agrees, take the permit and proceed to the next step.

3. Renovate the apartment

It is necessary that everything corresponds to the project: the walls were of the specified thickness and of the appropriate materials, the communications were moved exactly where it was planned. Rebuilding is allowed, but not agreed, so you may still be forced to change everything.

4. Take measurements in the redesigned apartment

This is done by a cadastral engineer. He can be invited from the municipal BTI or from a commercial organization. He will take measurements for the registration of a new technical passport, technical plan and a certificate of redevelopment. The data will also be written to disk.

5. Agree on the redevelopment with the municipality

With the documents received after the visit of the cadastral engineer, you will have to contact the administration again. There they will appoint the time of the visit of the commission, which will evaluate the changes and check their compliance with the project. If everything is in order, you will be given an act of redevelopment and a document confirming that the reorganization was carried out legally.

Legalizing redevelopment

You have already built something and want to give legal status to the alterations. It is important to remember here that some changes will definitely not agree with you. But for some you can compete in court. For example, if you moved the kitchen, as already described above.

Redevelopment legalization is similar to the approval process, and the documents will be required approximately the same.

1. Call an engineer from BTI

He will measure the apartment and draw up a new technical plan with a note of illegal redevelopment. The specialist will also give a technical opinion on the integrity of the load-bearing walls.

2. Get the redevelopment project

For documents, you must apply to the same company with an admission from the SRO.

3. Contact the municipality

Bring with you:

• application for approval;
• project or sketch;
• a new technical passport issued by an employee of the BTI.

At this stage, you will most likely be fined for illegal redevelopment, be prepared for this.

If you are ready to legalize your redevelopment, you will be given the appropriate documents. If not, only judgment remains.

What to remember

• Better to agree on the work before breaking down the walls. It's faster and easier. Legalizing an already made redevelopment can take years.
• Not all changes will be coordinated, this is a security issue.
• If you're redeveloping, prepare for a long marathon. It looks simple only when reading, in the process nuances will constantly emerge that cannot always be predicted. It will also be expensive.
• It is still worth coordinating the changes: there will be no consequences, and the soul is calmer.