Redevelopment of the apartment: what is possible and what is not

If you look at the pages of designers in social networks, many clients are offered redevelopment. A bedroom instead of a kitchen, equipment for an additional bathroom, a studio in place of a three-ruble note - they just don’t come up with.

When asked about legal approval, designers tend to remain silent or passive-aggressively roll their eyes. And he is not idle. Even in your own apartment you can not do anything. Because it is fraught with the destruction of the whole house. Therefore, it is worth studying the nuances of redevelopment not only in order to avoid punishment, but also in order to protect yourself and your neighbors from trouble.

However, there is no final list of allowed and prohibited changes. But there is requirements"On approval of the Regulations on the recognition of premises as residential premises, residential premises unfit for habitation, an apartment building in emergency condition and subject to demolition or reconstruction, a garden house a residential building and a residential garden building home"

to residential premises and court decisions. Based on them, we will analyze not the most obvious cases.

What not to do when redevelopment of an apartment

These changes usually fail legitimize.

Significantly change communications

In general, change pipes, batteries, install new bathtubs and toilets it is possible, but only if they remain in their own places or move slightly. Substantial modifications are prohibited. For example, you can not take the battery to the balcony or loggia. Such an innovation can affect the quality of heating throughout the house, because the system is designed in a certain way for a reason. Powering a warm floor from a battery will not work legally either.

It is also better not to interfere in the water supply system. So, in Nizhny Novgorod, residents installed boiler. This in itself is not prohibited. But the owners connected two risers with an additional pipe - in the kitchen and in the bathroom. As a result, due to unauthorized alteration, the residents flooded the neighbors, and the changes were recognizedDecision No. 2-5445/2018 2-732/2019 2-732/2019(2-5445/2018;)~M-4581/2018 M-4581/2018 dated August 5, 2019 in case No. 2-5445/2018 / Soviet District Court Nizhny Novgorod illegal refurbishment.

Combine a gasified kitchen with a room

Kitchen with gas stove mustSP 402.1325800.2018 Design rules for gas consumption systems be a separate room, which is equipped with a tightly closing door. It is believed that this will be safer in case of fire or gas leakage.

However, if you want to make a full-fledged kitchen-living room, there is a loophole. You can agree on a redevelopment in which the living room will be considered a non-residential room, or replace the gas stove with an electric one. Another option is to make a very wide opening with a sliding door between the rooms. Then formally it will be two different rooms that meet the requirements.

Reducing or dismantling the ventilation duct

Ventilation helps maintain an adequate level of humidity in the bathroom, and in the kitchen it eliminates not only odors, but also combustion products. And initially it should be designed so as to work effectively on all floors. Any interference leads to a malfunction. If the neighbors on the seventh floor lay a box, then hood on the six previous ones it will become unusable. Yes, and higher tenants can run into trouble.

Therefore, such changes are strictly prohibited, and the court in such cases does not get upDecision No. 2-761/2017 2-761/2017~M-790/2017 M-790/2017 dated July 18, 2017 in case No. 2-761/2017 / Asbest City Court towards the residents.

Removing or moving load-bearing walls

Everything seems to be obvious here. A load-bearing wall is like a card in a house of cards. One must be removed "will go"Redevelopment caused the collapse of floors in the house on Kamennoostrovsky / AiF the whole structure. Even unauthorized hollowed out decorative niches can call into question the strength of the structure.

In some cases, doorways can be made in load-bearing walls. However, in this case, the structures must be strengthened additionally.

Move kitchens and bathrooms to living quarters

Kitchens are often small, so the solution suggests itself: make an office in its place, and cook and get together with the family in a large room. It also looks attractive to make another bathroom somewhere in the bedroom, if it is spacious.

All this is prohibited. More precisely, it is impossible to transfer kitchens and bathrooms to areas under which there are living quarters of neighbors. This is due to possible leaks: in the bathroom or kitchen you can still survive them, but wet walls in the bedroom are much more unpleasant.

However, there are four options when wet zones can be moved almost as you like (after agreement, of course). This is available if:

1. Your apartment is on the ground floor.
2. Below you is a commercial space.
3. You have a two-level housing and you are planning a bathroom on the second floor - in which case you will flood only yourself.
4. The neighbors below you have made a legal redevelopment and moved the wet areas exactly as you need. You can do the same, because you will no longer flood the living quarters of your neighbors, which means you are not violating anything.

Make a room without a window

Sometimes the area allows you to make a small bedroom in the back of the apartment. However, living quarters and kitchens mustDecree of the Government of the Russian Federation of January 28, 2006 No. 47 “On approval of the Regulations on the recognition of premises as residential premises, residential premises unfit for habitation, an apartment building in emergency and subject to demolition or reconstruction, a garden house a residential building and a residential garden building home" have a window.

What can be done when remodeling an apartment

These changes are easily reconciled.

Combine and separate a bathroom

And it can also be increased - but only at the expense of the corridor. Otherwise, it will turn out that your bathroom will be located above the living quarters or kitchen of neighbors, which is unsafe in terms of straits and not very hygienic.

Move doorways in non-load-bearing walls

In fact, there is no potential damage and danger in this, so what to do doors where it is more convenient is not forbidden.

Divide space with new walls

At the same time, it is necessary to ensure that each room has a battery and a window, and the new partition does not increase the load on the existing ones.

This item also includes equipment. dressing rooms and built-in wardrobes.

Change equipment

You can, for example, install a shower instead of a bath or replace the gas stove with an electric one. But this requires agreement.

What is not considered a redevelopment of an apartment

Air conditioner installation

It would seem that there should be no questions at all. But they are, because the rules for the technical operation of the house prohibit "deterioration of the safety and appearance of the facades." A air conditioner, whatever one may say, the house does not decorate. And the integrity of the wall is questionable.

However, if the house does not belong to the objects of cultural heritage, including newly discovered ones, the courts in this problem do not seeDecision dated April 10, 2020 in case No. А40‑90785/2019 / Moscow Arbitration Court. And in the Supreme Court confirmRuling of the Supreme Court of the Russian Federation dated June 25, 2016 No. 304-ES16-7628 in case No. A46-3373/2015.

However, before taking out the external unit of the air conditioner on the facade wall, it is better to study the regional legislation. For example, in Moscow, after all, requireZhNM‑2004/02 Ventilation systems for residential buildings get permission. Sometimes it’s easier to follow all the rules right away than to defend your rights in court later.

Installation of light low partitions or sliding doors

To put up a wall somewhere, you need to coordinate it in advance. But this does not apply to situations where you zone the space with a sort of "unwalled". Its role can be played, for example, drywall partition wallthat does not reach the ceiling. Another option is a sliding door, which, when closed, divides the room into two, and when open, it seemed that it was not there.

Maintenance

Gluing wallpaper, re-tiling, changing windows and doors to similar ones - all this can be done without permission.

There is only one caveat: none of this should increase the load on the floors. That is, replace one floor covering with another similar one - as much as you like. If you opened the floor, threw out all the expanded clay from there and filled the space with concrete, there may be problems. Of course, after the repair is completed, you can’t see what you have inside there. But if, as a result, the walls of the neighbors go cracked, the chances are high that the reason will still be established.

Glazing of balconies and loggias

But we are talking about the installation of windows. Warming, association with an apartment - this is already not included in the concept of "glazing". It is also important to make sure that the house is not a monument of architecture. Then, of course, it is impossible to change its appearance.