How to legalize alterations to the apartment and not to be mistaken

Why legalize alterations to the apartment

If some of the rules and invented, to be broken, then the planning rules to their number does not belong. This is not a whim of the state: if you own to demolish and build a wall, there is a risk that the house will collapse. A shell transferred from the kitchen to the room can lead to the fact that the neighbors will never be able to sleep because of the sound of gurgling water.

planning rules are created in order to make the lives of all people in the house comfortable and safe.

To the motivation of citizens to agree alterations was higher, there are some restrictions and penalties for those who did not:

• For arbitrariness laidArticle 7.21 of the Administrative Code. Violation of the rules for use of residential premises fine of 2-2,5 thousand rubles.
• If redevelopment does not conform and can not be legalized, the owner will be obliged to return everything as it was. Otherwise, it will be evictedIn Moscow, the court evicted from the apartment owners have made illegal alterationsAnd sell housingHousing Code Article 29 bid.
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• The apartment will be difficult to sell in the mortgage: The bank refuses to credit for housing, which the state does not correspond to the data sheet.
• Responsibility for alterations after the sale will be borne by the new owner, so that the number of potential buyers shrinks due to this.

What is prohibited redevelopment

Accurate list of permitted changes, but there are requirementsRF Government Decree of 28.01.2006 N 47To be met by premises. According to them, as well as sanitary regulations, it is forbidden:

• To bear load-bearing structures or change the load on them. In some cases, allowed to make an arch in the bearing wall, but first have to strengthen it, to the building did not work.
• To reduce the living space, for example to extend the hall at the expense of the room.
• Disassembling or reduce the ventilation ducts.
• carry radiators heating, balconies and loggias.
• Combine the kitchen with the room, if a gas stove.
• Increase the size of the apartment due to the entrance, a technical floor, attic.
• Expand non-residential premises at the expense of living.
• Allocate room area less than 8 square meters and without a window.
• carry bathrooms so that they will appear on the neighbors living rooms. This ban may be ignored, if the apartment is located on the first floor, or if it is not under the premises, for example, it is located above the entrance.

Controversial issue - the transfer of the kitchen. Here collide requirements for residential premises and SNIPSNIP 01/31/2003 residential apartment buildings. One document prohibits transfer the kitchen, the other is silent on this issue. Sometimes such alterations can legislate through the courts, if it deems that you are not violating the rights of neighbors. In practice, should sensibly assess the effect of headache, which will bring you to trial with the municipality. Perhaps it's not worth it.

For panel houses additional restrictions due to design features. It is better to get permission to redevelopment experts, not to turn the building in ruins.

What is redevelopment apartment allowed

It seems that almost any change is prohibited. This is not quite true. Some jobs can be carried out, not notifying the authorities, such as:

• making cosmetic repairs;
• change the window;
• replacing the heating elements on the like;
• osteklyat balconies - no additional warming.

There are also common types of alterations, which are often quite agree:

• association of a bathroom and a toilet;
• expansion bathrooms at the expense of the corridor;
• union room and kitchen with electric stove;
• transfer doorways in curtain walls;
• pantries device cloakrooms;
• the erection of new walls to separate spaces (but without increasing the load on the structure, it is prohibited);
• Communications transfer;
• the movement of gas appliances;
• increase the room due to the corridor, provided that its width is no less than 90 centimeters.

How to legalize alterations to the apartment

To negotiate with the authorities of the redevelopment, there are two mechanisms that are slightly different from each other. This is not the official language but eloquently describes the situation.

harmonization of redevelopment

In this case, you have pre-notify the authorized agency of the intent to move the wall, get a permit and build all of the project. The process consists of several stages.

1. Book a redevelopment project

To do so, the PI or a company that does not just draw a sketch of your project, and at this stage will be able to point out errors in the redevelopment, so you can avoid problems. Find the right company to help reviews.

Ideally, the company should be a certificate of admission to the project work on a self-regulatory organizations (SROs). In general, the Ministry of Construction explainedLetter to the Ministry of Construction of Russia from 04.12.2017 N 44765-XM / 02It is not a requirement. However, it is still referred to as necessary on sites MFC and municipalities. In addition, it is one of the indicators of the quality of the organization.

You will need to bring the technical passport. It is produced by the Bureau of Technical Inventory (BTI). This can be done directly or through the Office MFC. In some parts of the document can be ordered through electronic services.

Experts of the company should give you a redevelopment project and the conclusion on the safety of the planned works.

2. Coordinate the project with the municipality

Take the city administration (district) or post through the MFC documents:

• Application for alterations or reconstruction (download sample).
• A document confirming the ownership of the apartment, but only if the data on this is not reflected in the Unified State Register of Real Estate. Office of USRRE certificate must be ordered independently.
• Reconstruction project.
• Conclusion on admissibility and security work.
• The consent of other owners, if you own an apartment are not alone (download sample).

Within 45 days (may vary slightly for different cities), the Administration will make its decision. If fails, it is necessary to alter the project or to prove the right to redevelop the court. If you agree, take the resolution and proceed to the next step.

3. remodel apartment

It is essential that all corresponded to the project: the walls were specified thickness and of appropriate materials, communications transferred exactly to where it was planned. Reorganization is allowed, but not coordinated, so that you can still make changes everything.

4. Make measurements in re-planned apartment

This deals with the cadastral engineer. It may invite the municipal BTI or commercial organization. He will make the measurements for the design of new technical passport, technical plan and certificate of redevelopment. The data is also written to the CD.

5. Agree with the municipality of redevelopment

The documents, obtained after the visit of cadastral engineer, will have to contact the administration again. There's appointed time of the visit of the commission, which will assess the changes and check their compliance with the project. If all goes well, you will be given the act of re-planning and a document confirming that the reorganization carried out lawfully.

legalization of redevelopment

You have something built near and you want to make alterations legal status. It is important to remember that some of the changes you just do not agree. But for some, you can fight in court. For example, if you have transferred the kitchen, what has been written above.

Legalization of redevelopment is similar to the negotiation process and documents required about the same.

1. Call the engineer of the BTI

He measured the apartment and make a new technical plan with the mark on the illegal re-planning. The specialist will also provide technical advice on the integrity of load-bearing walls.

2. Get redevelopment project

For all documents should be handled in the same company with the admission of CPO.

3. Refer to the municipality

With a grab:

• the application for approval;
• design or sketch;
• new registration certificate, issued by an employee of BTI.

At this stage, you are likely to be fined for illegal alterations, be ready for it.

If your ready to legalize alterations, you will be given the relevant documents. If not, only the court remains.

What should we remember

• Better to agree on a work before the break wall. It is faster and easier. Legalizing have made redevelopment can take years.
• Not all changes will agree, this is a safety issue.
• If you do re-planning, get ready for a long marathon. It looks only at reading, in the process will constantly emerge nuances, which can not always be predicted. And yet it is not cheap.
• Negotiate changes it's worth: and the consequences will be, and in my soul calmer.