Sell an apartment with illegal redevelopment. How to sell an apartment with illegal redevelopment
Not considered a redevelopment And does not require special permissions and approvals embedding or eliminating built-in wardrobes, replacing or slightly shifting batteries, transferring heated towel rails, sockets, shifting a gas stove without transferring gas risers, changing the location of plumbing equipment within one room, glazing a loggia or balcony without heating equipment on them.
Such changes also include the demolition of partitions between the toilet and the bathroom, that is, the combination of the bathroom.
All these changes are minor, do not change the plan of the apartment, Consequently, do not require documentation changes.
Attention! Demolition of partitions between rooms does not apply to this type of change, since this changes the number of rooms.
illegal
There are changes that you will never be able to legalize, because they are simply prohibited by the rules:
- Transfer of heating batteries to a glazed balcony.
- Installation of underfloor heating using a water supply and heating system.
- Construction of fireplaces in panel houses.
- The location of the kitchen or bathroom above or below the living quarters.
- Combining the kitchen with gas equipment from the living room.
- Equipment niches, openings, arches in load-bearing walls.
In the event of such changes in the apartment during the sale should be restored to original condition. What can and cannot be done during redevelopment, read.
You should start with registration in BTI extracts from the cadastral passport apartment in its original form. There you will issue a copy cadastral plan and a certificate about the technical characteristics of the apartment.
With these documents contact the local architectural department, which will account for the changes made to the layout.
These documents are consistent with SES and housing department. If approved in all instances, you will pay a fine for illegal redevelopment actions and receive permission to draw up a technical passport.
Next, you need call a BTI specialist, who will examine apartment, will record all changes and issue you a new registration certificate of the premises. From this moment on, the new arrangement of the apartment will be included in the cadastral plan and will be completely legal.
The whole process will take about 4 months and will cost you no more 3-4 thousand rubles. With this outcome, there will be no problems with the sale of the apartment, and you can make a deal in the usual way.
If you have made a complex restructuring of space in your apartment, it will be difficult to legitimize it and the process will take at least 6-7 months. It will also cost you much more. The cost depends on the scale of the renovations.
It is necessary to go through a whole list of authorities for their approval (APU, Energonadzor, Pozhnadzor, etc.).
Start the process by contacting the Housing Inspectorate, and there they will give you approvals.
If you receive all the necessary papers, then contact the BTI. It will be necessary to draw up a redevelopment project.
If the area of the apartment has increased due to the insulation of the loggia, it is necessary to obtain a new certificate of ownership on the basis of the received registration certificate. Since the area of the apartment has changed, and this is a different object.
Advice! In case of grandiose changes, the apartment is more expedient ask for help in the preparation of all agreements to specialists. This will speed up the process and save you unnecessary nerves.
Watch a video on how to legalize the redevelopment of an apartment and sell it.
Make an agreement with the buyer
You can draw up a sales contract without paperwork. In this case, it is necessary negotiate with buyers that they will issue all the papers after the transaction on one's own.
In this case, be sure get a receipt from them that they are familiar with the changes made and agree to eliminate all violations on their own.
This option reduce the price of the apartment average by 10-20%. Therefore, before deciding which option to prefer, calculate and evaluate all the costs of solving the problem.
Is it possible to sell an apartment without legal redevelopment if buyers planning to take out a mortgage? Hardly succeed. Banks refuse to issue housing with problems on credit.
Read about whether it is generally possible to obtain permission to redevelop an apartment that is in a mortgage.
Now you know whether it is necessary to legalize redevelopment when selling an apartment. To transfer property without problems to another person, you should:
This option will be more profitable for you financially than the loss in the value of the apartment being sold. The number of potential buyers with this option will also increase.
Alteration "retroactively" is still worth legalizing, resorting to the help of specialists or intermediary companies.
Now you know whether it is possible to sell an apartment with illegal redevelopment. The only trouble in this case is the delay in the execution of the transaction.
Homeowners, seeking to improve living conditions, are engaged in redevelopment. It is not always drawn up in accordance with the law, often goes unnoticed until it becomes necessary to sell the living space. Then the owners are interested in whether it is possible to sell an apartment with an illegal redevelopment, whether this is an obstacle to the transaction.
The buyer should be interested in discovering the fact of alteration of the apartment. If the redevelopment is illegal, he is responsible for unauthorized redevelopment after the purchase. He will have to take over the execution of the permit in accordance with the actual condition of the premises or give it a look that matches the original layout.
To avoid troubles and material losses, the buyer should check the BTI documentation for the apartment that is for sale, make sure that there is no redevelopment. If alterations are legalized, they are marked with red lines on the plan. Their absence is not a fact that redevelopment was not carried out. It is better to take a plan and walk through the housing, comparing it with the actual state of the premises.
Types of permitted redevelopment
A number of changes the legislation does not refer to the reorganization, therefore, it is possible to sell an apartment with or without legal approval - there is no need for it. These include the following modifications:
- dismantled built-in furniture;
- the technical equipment was moved, but it remained in the same room;
- glazed balcony, loggia without violating the size;
- in the bathroom, a partition was demolished, which was not a supporting structure.
Important! Removing a wall between rooms leads to a violation of the layout. In this case, it is required to coordinate the unauthorized alteration with the relevant authorities.
What absolutely cannot be changed
Some redevelopments are prohibited at the legislative level, so it will not be possible to legalize them. It is strictly forbidden to carry out work if they:
- worsen the living conditions of other residents of the house;
- make the premises uninhabitable;
- violate sanitary, building and fire regulations.
This redevelopment is not consistent, if found, the owner is obliged to restore the apartment to its previous state. Other alterations in the layout, if they are not prohibited, are allowed, but a permit must be issued. Then there will be no doubts whether it is possible to sell the property with illegal configuration changes.
Ways to sell with redevelopment
When selling an apartment with an uncoordinated redevelopment, if it concerns permitted works, there are no special obstacles to the transaction. The best solution for both parties is to legalize the alteration. In this case, no one risks that there will be unpleasant consequences after an illegal reorganization: the apartment can be sold, sanctions do not threaten.
For cash
Most often, apartments with illegal redevelopment are sought to be sold for cash. The seller does not take risks, only the value of the property is reduced by 10-20%. Buyers often willingly go for it, wanting to save money. They do not suspect or do not want to think what unpleasant consequences such a deal can turn into.
Important! If the redevelopment of housing is illegal, the sale of the apartment with the reconstruction is carried out according to the documentation, which does not reflect the changes. From the moment the contract is concluded, the buyer becomes the owner, and all responsibility for the legalization of the illegal layout lies with him.
Sometimes this turns into such a cost that the savings on the purchase will be less. This happens if it is impossible to agree on changes in the configuration of the apartment - prohibited work has been carried out. Then the new owner will have to return the premises to their original state for their money or bring them into a form that can be legalized.
By mortgage
It is not possible to get a loan for an apartment with illegal redevelopment everywhere. There are banks that arrange such transactions in the mortgage. To sell a property in this way, it is more difficult for the owner to find a buyer. But he acts in the open - the bank and the buyer know about the illegal alteration.
The lending party insures itself. The contract provides for how to deal with the design of redevelopment. It is indicated that the new owner will legalize it, usually 6 months are allotted for this. All subsequent risks are borne by the buyer, and they can be very large. It may turn out that the changes cannot be legitimized. Rosreestr also has the right to refuse registration, presenting an illegal reorganization as a basis.
How to legalize redevelopment
If you arrange a redevelopment before the sale, it is easier for the owner of the apartment to sell it. The seller does not have to reduce the cost of housing in order to attract potential buyers in this way. Legalization of redevelopment will allow not only to sell an apartment, but also to declare an increased price if the alteration has significantly improved living conditions.
Before work
The owner must clearly understand what changes he intends to make to the layout. It is required to obtain a technical passport, which contains a complete description of the premises. Based on it, future work is planned.
Coordination of some actions with firefighters and a water utility is required. This applies to cases where engineering communications are affected. If the house is a monument of architecture or history, it will not be allowed to rebuild the apartment without the permission of the relevant committee. You should order a redevelopment project from an organization with a license. If the house is an ordinary model, significant changes are not planned, your own sketch is enough.
Other documents are also required: on the right of ownership and the consent of the other owners to the new layout, if any. Having collected everything necessary, the owner goes to the city administration. He writes there.
Officials are checking documents and the planned reorganization. Their task is to make sure that it does not affect load-bearing structures, vital communications, which are permitted by law.
We have two months to wait for a decision. If the answer is positive, a permit is issued indicating the period during which it is possible to change the layout. When it is completed, they request a new registration certificate, submit documents to the Rosreestr to change the cadastral housing plan. Now, to sell a property, there are no barriers.
After completion of work
If the redevelopment of the apartment is not legalized, it is legalized by the seller or the new owner after the purchase. It is more difficult to do than before the work was done. How to deal with illegal redevelopment so that the transaction is not invalidated during the sale is indicated in articles 25-29 of the LCD. The differences in the legalization rules after the changes and approval are not very large, the necessary documents are the same:
- statement;
- plan of the apartment;
- notarized copies of documents for housing;
- consent of other adult residents;
- registration certificate from BTI;
- permission from the commission for the supervision of historical and architectural monuments.
They are given to the administration and await the visit of an inspector from the relevant commission. The purpose of his visit is to make sure that the plan in the data sheet and the actual layout do not match. After some time, the housing inspectorate will agree on the redevelopment or refuse, explaining the reasons with reason.
When the apartment is sold, the uncoordinated redevelopment is legalized by the buyer - the new owner. He imagines:
- the passport;
- documents for an apartment;
- trade deal agreement;
- receipt of payment of the state duty for registration of the apartment;
- act of acceptance and transfer of housing.
Important! Coordination is best done before selling an apartment with illegal re-planning, otherwise there is a risk that the transaction will be invalidated, the new owner will be denied registration.
When approval is received to agree on an illegal redevelopment, the owner applies to the BTI, takes an extract from the cadastre. Documents are presented to the department of construction and architecture. The specialist draws up a draft of the existing changes. It will be coordinated in the sanitary station, fire service, administration.
After the planning is approved by the regulatory authorities, a specialist from the BTI is invited to inspect the premises and draw up new documentation. Adjustments are made to the plan and cadastral passport. Extracts from these updated documents are required before selling the property.
If the attempt to legalize the existing changes in the authorities and relevant services failed, the last chance is to go to court. They provide the same papers and a decision to refuse to legalize the redevelopment. A statement of claim is being written, a sample can be downloaded. The court considers the case within 30 days and makes a decision.
If the court made a positive decision for the applicant - recognized the legality of the redevelopment - it is required to obtain a new registration certificate and register. But the court ruling is not always in favor of the plaintiff: he may recognize changes in the layout of the apartment as illegal, such that they threaten the safety of the residents of the house. In this case, the owner will be obliged to return the apartment to its original state - until then it is impossible to sell it.
Risks of illegal redevelopment for the buyer
After the transaction, the full owner becomes the buyer, who is responsible for the apartment. The characteristics of housing are contained in the BTI documents and the cadastral passport. They are issued upon entry into the property and confirm the rights to make transactions. Changing the characteristics of the living space entails the automatic recognition of these documents as invalid.
When buying an apartment with an illegal layout, it turns out that the former owner transfers the passport and plan for one room, and in fact the new owner acquires another. It can differ greatly in its characteristics from the declared ones - configuration, area. If no measures are taken to legalize the redevelopment, in the future the owner will not be able to sell, bequeath or mortgage real estate with alterations.
The most favorable situation for the buyer develops when the rescheduling is insignificant, corresponds to the changes permitted by law. A fine is paid, the layout is legalized through the court, a new design is carried out.
Sanctions for illegal redevelopment
If an illegal reorganization is discovered, the least that threatens the owner is an administrative a fine of 2–2.5 thousand rubles. This is if the redevelopment did not affect the supporting structures, the safety of the house and neighbors is not threatened.
If the consequences of unlawful re-planning of the premises are more serious, damage has been caused to the property or health of other persons, the fine is 5 thousand rubles . In addition, the owner will be obliged to bring the premises into a condition corresponding to the documentation for it. Recovery costs can be significant.
If, after an illegal planning, other persons were seriously injured, the deliberate nature of the actions of the owner is proved, he will have to pay compensation. If the owner refuses to legalize the alteration, he can be evicted, the apartment can be sold at auction (Article 29 of the LCD).
Unauthorized redevelopment refers to illegal actions and entails legal consequences for the owner. A ban is imposed on real estate transactions, the apartment cannot be sold, no other transaction can be formalized. This convinces and makes you understand whether it is necessary to legitimize the redevelopment of your own apartment when selling.
It is possible to sell real estate with an illegal layout. The risks that exist during the conclusion of the transaction concern more the buyer - now he has all the obligations to legalize the reconstruction, otherwise he will not be able to fully dispose of the property.
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Many do not even think about the need for redevelopment. And those who make it do not always know that it needs to be properly registered.
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Therefore, when a representative of a state body comes, conflicts and misunderstandings arise.
What it is?
Housing organizations should now control the redevelopment process. It often happens when the owner notifies the BTI already when all the changes have been made.
But in some cases, redevelopment is not possible in accordance with applicable law.
When registering changes, the real estate passport remains the same. But if you do not properly notify the housing organization, you can get penalties and the consequences of illegal redevelopment.
Therefore, many want to know what illegal redevelopment is and when it is. First of all, this is a change in the space of a dwelling without obtaining permission.
- installation of built-in furniture, replacement of its elements, analysis;
- renovation of walls, painting of the ceiling, wallpaper;
- installation of new partitions - not a load-bearing wall;
- replacing plumbing properly;
- installation of machinery and equipment from the side of the street;
- replacement of the stove, hood, battery;
- replacement of equipment with a new one;
- balcony replacement;
- installation of showcases and doors, the question is often asked when decorating stores;
- demolition of the vestibule or partition - not bearing.
Illegal has a significant impact on the strength of the structure. It is dangerous for the life of the owner and the inhabitants of this living space.
Additionally, this can lead to damage and destruction of the complete structure, from which citizens of other apartments may suffer.
Refurbishment can make life difficult for other residents in the form of access to certain areas.
The following actions become illegal redevelopment:
- redevelopment that will worsen the living conditions of owners and other residents;
- removal of the bearing wall, which will weaken the strength of the building as a whole;
- installation of heating on the balcony;
- installation of a balcony above the second floor on their own initiative;
- consolidation of several territories at once;
- installation of underfloor heating from a common heating system;
- association of non-residential territory (pantry) with residential;
- reduction in the size of the channels and the removal of ventilation by smearing;
- installation of partitions where a room is formed that does not meet the standards;
- increase in additional load on the housing structure;
- internal installation of a gas pipe;
- increase in territory by joining a common corridor;
- work in a technical room or in emergency buildings;
- installation of disconnected equipment that will affect the consumption of resources in another living space.
Law
This issue is regulated by the Housing Code of the Russian Federation.
They indicate the concept of illegal planning and work, the result of which must be registered or agreed with the housing inspectorate.
Unauthorized redevelopment
You can live with an illegal layout all your life until a representative of a public authority comes and views the premises.
It costs several thousand rubles. But it will take a lot of time to register - about two months. But if this is not done on time, then there will be some problems with the sale of property.
How are they detected?
You can identify illegal redevelopment:
- in the event of a complaint from other owners of the premises, if the repair of the neighbors interfered with comfortable living, then they have the right to complain to the housing inspection, most often this happens with damaged sound insulation or lack of ventilation;
- in case of accidents and failures in the technical communications of the building;
- at the conclusion of purchase and sale transactions with this residential area;
- measurement of the territory by an employee of the BTI;
- bypassing apartments by utility services in order to check communications and meters.
Consequences
Many citizens want to know the consequences of illegal redevelopment.
As mentioned earlier, each person will be held responsible for such an offense. And illegal redevelopment is a violation.
There are several ways to punish violators:
- Fine. Installed in accordance with applicable law.
- Return of the premises to its previous form at the request of the BTI representative. There are also deadlines for this action.
- Realization of an apartment at public auction in case of non-compliance with the law and disregard for the instructions of the authorities.
Uncoordinated repairs will cost the owner 2,500 rubles. This is an administrative fine that is imposed on a person to minimize the risk of structural failure.
In accordance with the current legal act, illegal redevelopment leads to damage to communications, and also affects the operation of housing in general. For legal entities, the fine will be slightly higher.
There are no fixed fines in the housing code. Therefore, they will depend on the specific situation.
An administrative fine will also have to be paid in a lawsuit. The requirements of the local administration in no way affect the filing of a claim.
Further actions
Citizen after warning should properly. If he fails to do so, the case may go to court.
There are also additional measures to influence the owner. This ensures that the transaction is legalized properly, otherwise the rights may be sold.
Features of the conclusion of transactions
In 2019, illegal redevelopment threatens its owner with difficulties in concluding any transactions.
Many owners are not afraid of penalties for such an action, but this fact is revealed during resale. And many buyers refuse to purchase precisely because of the unmarked marks in the technical passport.
Sale
Many want to know how to sell such a property and what are the risks. But sellers with no marks still have a chance to sell an apartment without legitimizing breading.
The question remains open if the changes are not registered in the BTI and they do not know about them.
In this case, you can sell the apartment without any problems, if the buyer is satisfied with everything.
But it should be understood that now the buyer bears all responsibility for registering the redevelopment.
Purchase
Many also want to know if such a property is worth buying. And if this fact is discovered, a fine will be imposed on the new owner.
The owner-seller does not risk anything after the sale. He could sell the premises still with the old layout. But here the buyer gets an advantage - he can ask for a significant discount.
Into a mortgage
In the case of buying an apartment with illegal redevelopment, there are quite a few problems. So, for example, it is almost impossible to buy real estate at your own expense.
Buying on credit, although not an advantageous position, but allows you to fulfill your dream in a short time.
But with illegal redevelopment, such an action is not feasible. The credit institution carefully checks the property for the fact of a violation of the transaction.
But some lenders don't mind. The seller does not risk anything. Its main task is to find a buyer who agrees to such conditions.
The lender always finds out about illegal redevelopment, as it requests all the necessary documentation.
If it is the borrower who is already performing all the actions for redevelopment of the mortgage apartment, then he will also be responsible. If he decides to take this action, he must show the apartment to a specialist and determine the complexity of the work.
Often, realtors involve representatives of the redevelopment department. It is this instance that can provide information about the type of redevelopment and a rough estimate of such an action.
It is also worth remembering that mortgage lending is issued only if the apartment fully complies with the technical documents.
Is an assessment required?
Real estate with redevelopment is a profitable solution, but only if the documentation is in perfect order from the legal side. With legal redevelopment, you can overestimate the cost by 10%.
Illegal redevelopment will worsen the financial situation of the party by 10% of the cost.
Many buyers independently turn to appraisers to accurately calculate the value of real estate. This allows you to somewhat throw off the price of real estate.
Its cost depends on individual characteristics.
How to legalize?
All redevelopment work must be legalized in the BTI. To do this, a package of documents is collected and brought to the represented organization.
- How to protect yourself from unwanted acquisition of an apartment "with flaws", which, in this case, means illegal redevelopment?
- What to do if you still bought such an apartment? Who is responsible for unauthorized redevelopment: the buyer or seller of such an apartment?
- Is it possible to terminate the contract of sale of an apartment with unauthorized (illegal) redevelopment?
- What else should you pay attention to when buying and selling a home?
Answer:
General issues of cleanliness and safety of the sale and purchase transaction
Earlier, we wrote about some aspects of the transaction that you should pay attention to when concluding it. Recommended on this topic:
We wrote about the risks of the purchaser of an apartment in the article:
- Incompetent seller - invalid transaction!
- When still the good faith of the acquisition does not matter
- How to avoid a bad purchase?
Terms of the agreement on the "cleanliness" of the apartment
Traditionally, the contract of sale specifies the following condition:
"The seller guarantees that the residential premises - apartment No. .... at the address ... is free from the rights of third parties, is not under arrest, pledged and is not the subject of a lawsuit, in relation to the premises there is no prohibition on the use for its intended purpose or an order to eliminate any or violations
You can supplement the above condition of the contract with the following:
"... there are no signs of unauthorized redevelopment or reorganization (that is, without the permission of the local government) of this apartment."
However, such a wording, if there are actually signs of unauthorized redevelopment, will not save from negative consequences for the purchaser of the apartment, which will be discussed below. The fact of the presence or absence of unauthorized redevelopment in the purchased apartment is established by the buyer by a simple visual inspection of the premises and comparison of what he saw with the technical documentation for the apartment.
Illegal redevelopment and the possibility of terminating the contract of sale
If suddenly, after acquiring an apartment, it turns out that unauthorized redevelopment or reorganization was carried out by the previous owners, then the possibility of terminating the contract of sale in court depends on the "results" of redevelopment, the nature of technical changes:
1) there are no grounds for terminating the contract for the sale of residential premises due to unauthorized redevelopment, if as a result of such redevelopment no violations of regulatory requirements, requirements of building codes and rules are established and disproportionate costs and time costs for elimination (or legalization) are not required.
In addition, the purchase is preceded by an inspection and comparison with the technical passport of the apartment, not to notice significant changes is the buyer's carelessness.
An example from judicial practice:
"The presence of an unauthorized redevelopment cannot serve as a basis for terminating the contract of sale, since the plaintiffs should have known about its presence when inspecting the apartment and familiarizing themselves with the technical documentation for the apartment, by signing the contract of sale, the plaintiffs expressed their will to purchase the apartment in specified condition, which is confirmed by clause 9 of the contract, according to which the technical condition of the apartment satisfies the buyer.
Refusal to satisfy the requirement to terminate the contract for the sale of an apartment entails a refusal to satisfy the remaining requirements derived from it "(Appeal ruling of the Khabarovsk Regional Court dated December 18, 2013 in case N 33-8104 / 13).
However, we believe that in the case under discussion, the provisions of Article 475 of the Civil Code of the Russian Federation are quite applicable.
In Art. 475 of the Civil Code of the Russian Federation contains provisions regarding the rights of the buyer in the event that the seller transfers real estate of inadequate quality, that is, with shortcomings that were not specified in the contract of sale. Thus, the buyer may, at his choice, demand:
- commensurate reduction in the purchase price of the transferred immovable property;
- gratuitous elimination of shortcomings of real estate within a reasonable time;
- reimbursement of their expenses to eliminate the shortcomings of the sold real estate.
That is, the cost of eliminating defects can be recovered from the seller. We believe that the funds spent on the legalization of the redevelopment, which was made by the seller, can also be attributed to the costs of elimination.
2) there are grounds for terminating the contract for the sale of residential premises due to unauthorized redevelopment if it is established that the redevelopment has caused violations of regulatory requirements, requirements of building codes and regulations and disproportionate costs and time costs for elimination are required. For example, redevelopment and reorganization is prohibited, as a result of which the bathroom is located above the living quarters of the lower apartment (bedroom, hall, etc.). Or, for example, engineering communications were reorganized, as a result of which the water pressure in the system made it difficult for other owners to receive public services (for example, water supply) ... Well, and so on.
Who should eliminate the consequences of unauthorized redevelopment: the former owner or the current one?
And according to the current legislation of the Russian Federation and in judicial practice, this is, unambiguously, the current owner of the residential premises, despite the fact that the redevelopment was made before him.
One of the examples in the jurisprudence on this issue:
"The argument of O.'s appeal that he acquired a share of the disputed premises already in a re-planned state cannot be taken into account and serve as a basis for canceling the court decision, since, being the owner of a share of the disputed premises, he is obliged to eliminate the violation of the rights of other owners of residential premises in an apartment building related to the reconstruction, redevelopment and reorganization of this premises "(Appeal ruling of the Krasnoyarsk Regional Court dated 09.10.2013 in case N 33-9606 / 2013)
Redevelopment. Rules of law. Arbitrage practice
Within the framework of this article, we will not dwell on the issues of unauthorized redevelopment of premises, since this issue is covered in detail in the review of the practice "Re-planning and redevelopment of an apartment. Legalization of unauthorized redevelopment", which includes the following articles:
- Apartment redevelopment. concept
- Apartment renovation. concept
- Reconstruction. concept
- Refurbishment and remodeling. Types of jobs. Differences
- Documents attached to the application for the reconstruction and redevelopment of residential premises
- What is considered illegal (unauthorized) redevelopment of an apartment?
- Consequences of unauthorized redevelopment and reconstruction of residential premises
- Unauthorized redevelopment and reconstruction and sale of an apartment at public auction
- Penalty for unauthorized (illegal) redevelopment of an apartment
- Legalization (registration) of redevelopment of an apartment through the court
- Judicial practice of legalizing redevelopment and reorganization of an apartment
- Changing the purpose of the premises as a result of redevelopment. Arbitrage practice