How to legalize an old apartment redevelopment. How to independently legalize redevelopment in an apartment

Sometimes the work carried out falls under all these prohibitions at the same time, i.e. are carried out without prior approval, and with a lot of violations of SP, GOST, MGSN, etc.

Many owners still carry out illegal redevelopment of apartments without the appropriate permits. There are several reasons for this. Citizens are driven by the desire to save money, as well as the conviction that no one will notice illegal redevelopment. But both beliefs often turn out to be myths in practice. Most often, unauthorized work is “exposed” due to a complaint about illegal redevelopment from your neighbors. And this is not a matter of banal envy: dirt, the noise of a hammer drill are constant companions of any repair, especially such a large-scale one. Construction work early on Sunday morning, as well as mountains of construction waste, are an excellent reason for your neighbors to file a complaint about illegal redevelopment with the housing inspector.

At the same time, when carrying out a properly coordinated redevelopment, not only the specifics and timing of the work are taken into account, but also the hours during which they are allowed to be carried out. In addition, the removal of construction waste is also one of the conditions for legal redevelopment; this point is specifically stipulated when obtaining permission.

Responsibility for illegal redevelopment

What exactly is the threat of illegal redevelopment? There are options here:

1.) In the most “successful” case, when you simply “forgot” to legalize the redevelopment (which in itself does not violate any laws or building regulations), you will have to pay a fine for illegal redevelopment and then coordinate it with the Moscow Housing Inspectorate “after the fact.” In this case, you should draw up a technical report on the admissibility and safety of the work performed. If the load-bearing structures were not affected, then this technical conclusion can be developed by any design organization with SRO approval. Next, your apartment will be visited by a commission from the Moscow Housing Inspectorate, which will check everything again and sign an act of completed redevelopment. We will tell you below what other documents you will need to approve unauthorized redevelopment.

2.) It often happens that the work was carried out on a grand scale and the main walls were affected. For such events, a preliminary technical report on the fact of the completed redevelopment from the author of the house project is required, as well as complex calculations, for example, to strengthen openings. This is due to the fact that carrying out such events “affects the safety of life and health of citizens, as well as the structural strength of an apartment building,” says clause 2 of Appendix 1 of Moscow Government Resolution No. 508 as amended by 840-PP.

A complete list of complex and potentially dangerous work is given in paragraphs. 2 and 3 Appendices 1. Sad statistics indicate that unskilled intervention in the load-bearing structures of a house can sometimes lead to the formation of cracks and even collapse. If, as a result of such an accident, neighbors’ apartments are damaged, the culprit will have to pay for repairs at his own expense. If there was no accident, the inspector, in addition to a fine, will issue an order to eliminate all violations and return the apartment to its original form or approve changes in the prescribed manner.

Is it possible to sell an apartment with illegal redevelopment?

It should be noted that with illegal redevelopment, any legal actions with the apartment will be difficult or completely impossible until you legalize the illegal redevelopment.

When trying to dispose of an apartment that belongs to him, the owner will be required to order a technical passport, in which the illegal redevelopment will be noted by BTI technicians.

Therefore, it is very difficult to sell such an apartment, since the buyer receives an apartment with illegal redevelopment, and few people will like such an encumbrance. An apartment with illegal redevelopment can lose from 10% to 30% of its value, especially if there are fundamentally inconsistent changes. The consequences of illegal redevelopment will also be felt by those who want to get a loan secured by such an apartment, since the bank will most likely refuse to issue a loan. In addition, the buyer also faces a problem if the buyer purchases an apartment with redevelopment taking into account a mortgage loan. Bank appraisers will record the redevelopment before purchase and, as a rule, banks do not issue loans for the purchase of apartments with redevelopment, or the conditions are much worse if there had been no redevelopment in the apartment.

More information about selling an apartment with redevelopment can be found in this article.

You are responsible for illegal redevelopment even if the work was carried out by relatives a couple of decades ago, and you inherited the apartment itself and you are not aware of the repairs.

Fine for illegal redevelopment

In accordance with Article 7.21 of the Code of Administrative Offenses of the Russian Federation, the fine for illegal redevelopment of an apartment can be up to 2.5 thousand rubles. In general, the amount is small, but it is supplemented by an order from the housing inspection to “return the apartment in accordance with the floor plan, or legalize the work performed.” In case of failure to fulfill these obligations, the amount of the repeated fine may increase. Ultimately, if you systematically ignore the instructions of the Moscow Housing Inspectorate, the case will be taken to court. According to clause 5 of Article 29 of the Housing Code of the Russian Federation, the court can deprive a persistent violator of his property rights, evict him from the occupied living space, and put the apartment itself up for public auction, and there have already been similar precedents.

Fines from the Moscow Housing Inspectorate:

How to legalize illegal redevelopment of an apartment?

Let's consider how you can obtain permission for the redevelopment. As we said above, it’s good that if the illegal redevelopment of premises is potentially compatible, then it will be possible to legalize it, and this procedure itself will be similar to the standard process of approving only planned redevelopment.

You will need to collect a package of documents for redevelopment, which you or your authorized representative will submit to the “one window” service of the “My Documents” center. If everything is in order, the acceptance committee of the Moscow Housing Inspectorate will sign you a certificate of completed redevelopment. Then you will need to obtain new BTI documents and make changes to the title documents for the apartment.

But this is the simplest option. In practice, many difficulties may arise. For example, a bathroom and a toilet can only be enlarged at the expense of an adjacent non-residential space: a corridor or a storage room. But you will not be able to coordinate the illegal redevelopment of the bathroom with an expansion at the expense of the living space - such work violates sanitary standards. But even if you expand the bathroom or toilet into the corridor, this does not guarantee that the work can be coordinated in the future.

With the usual design of redevelopment, the expansion of “wet spots” requires the development of a project, since it is necessary to lay waterproofing (since this change in floor structures is complex work). In the process of this work, it will be necessary to draw up a report for hidden work on laying waterproofing, without which it will be impossible to obtain a report on the completed redevelopment in the future. Of course, if you do this without permission, it is unlikely that the construction team will take care of laying the waterproofing coating, which will make legalizing the repair impossible. In this case, you will have to either bring the apartment back to its previous form, or order a redevelopment project, and then redo all the work, but in accordance with accepted construction and sanitary standards.

This is not the only example of work that cannot be agreed upon either before or after the redevelopment. PPM No. 508 as amended by 840 in part 11 of Appendix 1 lists all types of such events. What else applies to them?

Prohibited types of illegal redevelopment:

Any work that led to a deterioration in the operating conditions of the house and living conditions of citizens.
- Conversion of residential premises into non-residential ones.
- Violation of the strength and stability of load-bearing structures, causing their destruction.
- Elimination or reduction of ventilation channels.
- Increasing the load on supporting structures beyond what is possible.
- Relocation of heating radiators to loggias and balconies.
- Warm heated floors from a common heating main or hot water supply.
- Violation of SNiPs, SanPinov and fire safety rules.
- Combining a gasified kitchen with a living room, or an opening between them without a door.
- Grooving for electrical wiring in horizontal joints and under internal wall panels, as well as in wall panels and floor slabs.
- Construction of loggias and terraces on the second and higher floors.
And some other types of work.

Recognition of redevelopment as illegal

In general, the current legislative acts rather “vaguely” stipulate various conditions under which redevelopment cannot be agreed upon. For example, the phrase “deterioration of the operating conditions of the house and residence of citizens” can sometimes be interpreted very broadly.

Practice shows that the approval of illegal redevelopment “retroactively” usually takes place with more difficulties than the approval of only the planned one. And if you independently obtain the necessary permits, the process may be significantly delayed. This is especially true for controversial cases or redevelopment, which requires the development of design documentation. Often, in order to obtain permission for unauthorized redevelopment that has already been carried out, one has to go to court. In this case, in addition to the standard package of documents, you will need to draw up a statement of claim for illegal redevelopment, or more precisely, for its preservation.

The Moscow Housing Inspectorate warns that in any case, there is no point in delaying the legalization of illegal redevelopment. The sooner the redevelopment is legalized, the better for the apartment owner.

Additional Information:

Responsibility for illegal redevelopment is provided for in:

1) Housing Code of the Russian Federation.
Article 29. Consequences of unauthorized reconstruction and (or) unauthorized redevelopment of residential premises

1 . Reconstruction and (or) redevelopment of residential premises carried out in the absence of the basis provided for in Part 6 of Article 26 of this Code, or in violation of the reconstruction and (or) redevelopment project submitted in accordance with paragraph 3 of Part 2 of Article 26 of this Code are unauthorized.

2 . A person who unauthorizedly rearranges and (or) replans a residential premises bears the responsibility provided for by law.

3 . The owner of a residential premises that has been unauthorizedly rearranged and (or) redesigned, or the tenant of such residential premises under a social tenancy agreement, is obliged to bring such residential premises to their previous condition within a reasonable time and in the manner established by the body carrying out the approval.

4 . Based on a court decision, residential premises may be preserved in a rebuilt and (or) redesigned state, if this does not violate the rights and legitimate interests of citizens or does not create a threat to their life or health.

5. If the relevant residential premises are not restored to their previous condition within the period specified in Part 3 of this article in the manner established by the body carrying out the approval, the court, upon the claim of this body, provided that the decision provided for in Part 4 of this article is not made, makes a decision:

A) in relation to the owner of the sale of such residential premises at public auction with payment to the owner of the proceeds from the sale of such residential premises minus the costs of executing a court decision with the imposition on the new owner of such residential premises of the obligation to bring it to its previous condition;

b) in relation to the tenant of such residential premises under a social tenancy agreement, the termination of this agreement with the imposition on the owner of such residential premises, who was the lessor under the said agreement, of the obligation to bring such residential premises to its previous condition.

6. The body carrying out the approval, for the new owner of a residential premises that has not been restored to its previous state in the manner established by part 3 of this article, or for the owner of such residential premises who was the lessor under an agreement terminated in the manner established by part 5 of this article, sets a new deadline for bringing such residential premises to their previous condition. If such residential premises are not restored to their previous condition within the specified period and in the manner previously established by the body carrying out the approval, such residential premises shall be subject to sale at public auction in the manner prescribed by Part 5 of this article.

2) Code of the Russian Federation on Administrative Offences.

Article 7.21. Code of Administrative Offenses Violation of the rules for the use of residential premises

1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises or their use for other purposes:
(as amended by Federal Law dated December 28, 2009 N 380-FZ)

entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles.

2. Unauthorized redevelopment of residential premises in apartment buildings:
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles.
(as amended by Federal Law dated June 22, 2007 N 116-FZ)

Good afternoon

You need to file an application with the court to oblige the administration to approve the redevelopment. As I understand it, since the risers are common property, the administration believes that you did not have the right to change them and the replacement violates the rights of third parties. In fact, this is not so.

According to paragraph 6 of Art. 26, paragraph 1, art. 29 of the Housing Code of the Russian Federation, unauthorized reconstruction or redevelopment of residential premises is carried out in the absence of a decision on approval issued by the body carrying out such approval, or in violation of the project.
At the same time, in accordance with Part 1 of Art. 25 of the Housing Code of the Russian Federation, the reconstruction of a residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises.
Resolution of the State Construction Committee of Russia dated September 27, 2003 No. 170 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock” established the conditions and procedure for such work.
The list of works includes: installation of household electric stoves instead of gas stoves or kitchen fires; transfer of heating, sanitary and gas appliances; installation and refurbishment of existing toilets and bathrooms; laying new or replacing existing inlet and outlet pipelines, electrical networks and devices, etc.

You have not been provided with evidence that as a result of the above work, there is a real threat of rupture of the heating riser when it is filled with hot water and flooding of the apartments below, nor is there evidence that there has been a change in the internal size of the riser and the production capacity of the heat supply system in the apartments located along this riser, a change in the flow of heat resources, a deterioration in the quality of the supplied service - heating.

The administration’s arguments that replacing the heating riser is a reconstruction are not based on the law, since in accordance with Art. 25 of the Housing Code of the Russian Federation, the reconstruction of residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises.
Clause 3.16 of the Instructions on accounting of housing stock in the Russian Federation, approved by Order of the Ministry of Land Construction of the Russian Federation dated August 4, 1998 N 37, provides that the technical passport of a residential premises does not include information about the location and presence of heating appliances located in the residential premises: cold and hot water, sewerage, heating, gas, etc., as well as central heating radiators are not shown on floor plans.

When carrying out major repairs, it is necessary to legalize the redevelopment of the apartment. If you do this before it is carried out, then less time and effort is spent, since litigation is not necessary. When the repairs have already been made, you should follow simple steps to make changes to the necessary documents.

Prohibited actions

When the question arises of how to legalize the redevelopment of an apartment, you must remember that there are actions that are prohibited by law:

1. Expand the kitchen or bathroom, using the entire living room. It is allowed to use no more than a quarter of the living space to increase these compartments.
2. Connect the kitchen area and the room, the entrance to which is equipped with an arch, if a gas stove is used for cooking. Please note that when using an electric stove, this action is permitted.
3. Remove part or the entire volume of walls that perform a load-bearing function.
4. If you are interested in how to legalize the redevelopment of an apartment, you should take into account that you cannot modify, shorten, or transfer communications that serve to connect houses. This applies to all standard water pipes, radiators, ventilation systems, and openings.
5. Move the bathroom and toilet to places where other residents have living rooms. This action is allowed only to owners of two-level apartments.
6. Make a system of heated floors, run pipes from the general heating system to additional rooms, that is, balconies or loggias.
7. Connect heating radiators from public utilities to the loggia.
8. Expand the balcony by reducing the living space in apartments. It is allowed to make an arch, but only if its width does not exceed 1 m.

Rules prohibiting worsening living conditions during redevelopment

Even a very large bathroom and toilet cannot serve as an area to increase the living area. This aspect must be remembered if there is a question about how to legalize the redevelopment of an apartment. This ban is imposed due to the fact that, with any displacement, the kitchen of a particular resident is located partially within the radius of the neighbors’ bathroom or toilet. There are exceptions to this rule. Such redevelopment can be undertaken if a person lives on the top floor or in a one-story building.

Technicians allow expanding the kitchen using the corridor space. This rule is relevant if the neighbors below decide to do the same at home. This way you can avoid violating two aspects. A person does not use his own living space to expand the kitchen space, and the renovation does not cause a deterioration in the living conditions of his neighbors.

Every apartment must have at least 1 window in the kitchen. This rule applies when using any redevelopment. It is allowed to allow light to enter the kitchen through glass partitions.

Permitted measures during redevelopment

It is possible to connect a kitchen with a gas stove to the living room by installing a doorway. Residents can make it level, but it is possible to install an arch. Sliding door designs are popular. A person can keep them open all the time, but it is possible to enclose the space if necessary. This is the only way to equip a kitchen with a gas stove as part of the living space.

To enlarge the bathroom and toilet, you can use space from non-residential premises. This can be done using a corridor. It should be noted that part of the bathroom floor cannot fall 5 cm lower than that of the adjacent compartment.

If necessary, it is possible to replace the pipes from the riser. For this purpose, new designs are used, through which water will be drained in a safe manner. It should be remembered that this aspect is only possible with an exact copy of the drain angle in order to maintain the original layout. This is also useful for the residents themselves, since otherwise the liquid will circulate incorrectly and be discharged in a slower manner.

It is necessary to distinguish between concepts such as redevelopment and refurbishment of premises. Redevelopment includes moving or completely removing walls, changing the area of ​​rooms and compartments, as well as shifting certain areas in the apartment. Re-equipment relates to housing communications. This concerns their modification, displacement or addition of new elements. All these actions can only be carried out if they are included in the technical passport of the apartment.

How to legalize the redevelopment of an apartment

If the question arises of how to legalize the redevelopment of an apartment, you should remember: in order to make unauthorized redevelopment legal, you must go to court. There is no other way to solve this problem. If a person receives permission from the authorized body to leave the redevelopment in an untouched state, you can continue this procedure further without changing the already modified interior. This legalizes unauthorized redevelopment of an apartment.

When deciding to make a redevelopment without notifying the relevant authorities, you must remember that this action is not legal. If the judge considers any features of the redevelopment to be inconsistent with legal standards, the person may be required to redo all the changes to the original appearance. The fine, if illegal redevelopment of an apartment is detected, ranges from 1,000 to 30,000 rubles.

Required documents

The following list of documents should be prepared:

1. Reissued cadastral passport for living space.
2. Technical passport for the apartment with the changes made.
3. Written confirmation of compliance of the apartment layout with the requirements of the SES. To be able to obtain this conclusion, you must fill out a special application from the registrar, and then certify it with your own signature. When the application is signed, an authorized specialist will inspect the apartment and analyze the compliance of its layout with basic standards. Later you will have to come and pick up a written conclusion.
4. The apartment project can be ordered from a design and technical company.

When all documents are received, it is necessary to notify the district administration about the redevelopment. You should contact the architectural department. There you can also clarify aspects related to how to independently legalize the redevelopment of an apartment.

How to win a court case to legitimize redevelopment?

To begin the process of obtaining permission for redevelopment, you must apply to the district court. An application is being submitted to legalize the redevelopment of the apartment, which was carried out without prior notification to the relevant authorities. To do this, submit the following list of documents:

1. The ownership of the apartment is provided in the original, copies are not required.
2. Technical certificate.
3. Documents received from the SES.
4. An apartment project made by an organization that has received a license to provide such services.

Features of the trial

The judge makes a decision when considering the issue. It should be remembered that in each specific case there is a risk that the judge may refuse redevelopment. Sometimes the fine is quite significant. The tenant may also be required to return all changes to their original state. This must be taken into account when the question arises about the consequences of illegal redevelopment of an apartment.

If the judge allows the redevelopment to remain in its place and recognizes it as legal, it is necessary to immediately issue a new technical passport with all changes made.

Making changes to cadastral registration

It is necessary to draw up a concept of changes for recording in cadastral registration. Also, the owner of the apartment must receive a new cadastral passport for the apartment. You should take the necessary documents to the MFC or the Cadastral Chamber. It is necessary to prepare a passport of a citizen of the Russian Federation, a recently reissued technical passport, a paper with a positive court decision, a conclusion from the SES, a signed application for cadastral registration, a certificate of payment of the state duty in the amount of 200 rubles.

Employees of the organization designate a special day on which an authorized employee comes to the apartment. He must analyze the condition of the premises and note all changes made to its design. When all the changes have been recorded, you can receive a cadastral passport in your hands, as well as pick up all previously submitted documents.

Obtaining a new certificate of ownership

Sometimes, after redevelopment, the total area of ​​the apartment changes. In this case, after completing all the required documents, it is necessary to obtain a new certificate of ownership. Each owner is required to personally visit the Federal Registration Service and fill out a standard application for the need to issue a new sample certificate. When submitting them, everyone hands over the originals of their passports, which they receive when a new certificate of ownership is issued. Also, when submitting applications, you must temporarily submit a reissued technical passport.

Consequences of illegal redevelopment

If supervisory authorities notice that residents have carried out redevelopment without drawing up an appropriate notice, they will be held administratively liable, namely, a fine will be assessed. The owner of the apartment will not only have to pay it in full, but also legally go through the process of registering all changes made. There are certain deadlines for this that the owner of the apartment must meet.

What happens if you ignore the court's decision?

Sometimes residents decide not to respond to sanctions. Then the inspectorate imposes a more significant financial penalty. If there is a long-term lack of response from the residents, a decision is made to sell their housing at auction, that is, in fact, people may be left without an apartment. This happens only in the most rare cases, when there is a malicious refusal to register changes.

You can ignore the redevelopment of BTI employees for a long time, but in this case the owner of the apartment is deprived of the opportunity to make transactions with it. When trying to sell it, each owner must obtain a technical passport. To do this, specialists visit the building and record information about its condition, that is, the lack of registration of certain changes is revealed, which entails the imposition of appropriate fines. This must be taken into account before legalizing unauthorized redevelopment of an apartment.

When contacting a company to quickly complete all documents and save time, you will have to pay a fee for services, and if you go through the procedure yourself, you will have to pay state fees and sometimes fines. To prevent the redevelopment of an apartment from causing problems, you should not make changes prohibited by law and promptly inform local authorities about its implementation.