Where the redevelopment of the apartment is agreed. How to agree on the redevelopment of an apartment on your own: where and how to agree on a redevelopment project
Coordination of the redevelopment of an apartment is enshrined at the legislative level, but the specific schemes for this process differ in different cities of the Russian Federation.
For example, in Moscow, the Moszhilinspektsiya body has been created, in St. Petersburg, the State Housing Inspectorate deals with requests of this kind. Functions in other cities on approval or disapproval of redevelopment are assigned to local administrations through the MFC.
Approving body
A management company (MC) is created to manage a residential building. It operates on the basis of an agreement concluded with the owners within the framework of the provisions of Section 8 of the Housing Code of the Russian Federation and the government decree “On Approval of the Rules for the Maintenance of Common Property in an Apartment Building” dated August 13, 2006.
The management company is entrusted with the functions of ensuring safe living conditions, provide utilities and monitor how all components of the building are operated. The management company is responsible for the condition of the common property, foundation, roof, elevator, garbage chute, ventilation, water pipes, sewerage, and so on.
Do I need to contact the management company before registering with the housing inspection?
The answer to the question of coordination with the Criminal Code depends on the region in which the citizen who started the redevelopment lives. Management firms are considering applications for redevelopment in most regional cities, but there are exceptions.
For example, in Moscow, the functions of the Criminal Code are limited, and the housing inspectorate deals with the consideration of applications. However, without the participation of the Criminal Code, the case, as a rule, is not complete. The inspection has the right to request a certificate from the Criminal Code stating that the enterprise has no objections to the implementation of certain works, as well as confirmation that reliable data are indicated in the redevelopment project.
If the city does not have a specialized body, then the function of coordinating redevelopment remains with the management company. She will be the first to consider the project.
Does the CC have the right to inspect the premises?
As we said above, the management company monitors all kinds of repair work and checks whether they interfere with the safe existence of residents.
Therefore, if the neighbors have suspicions, the Criminal Code can send its employees to inspect the apartment for illegal planning. The owner of real estate has the right to ask the workers of the Criminal Code for a document on the basis of which they came to check the living space, the Criminal Code, in turn, may require documents to establish the fact of redevelopment.
Where can you apply on your own if the Criminal Code refuses?
It happens that already at the first stage of coordination problems arise and the management company does not give its consent to the work. In this case, the owner of the property should find out what kind of alteration the company claims.
It should be remembered that there are illegal redevelopments - their citizen will not be able to defend neither in the city administration, nor in court, where it is absolutely useless to apply. These redevelopments include:
Non-coordination of redevelopment in the management company is the first wake-up call for the owner. The property owner has the right to provide the MC with an adjusted plan, eliminating all alterations for which claims were made.
And we do not advise you to independently carry out alteration without permission - if the Criminal Code finds out about this, it will require you to return everything to its original form and at your own expense. But even if the redevelopment remains secret, the owner will have problems selling the property.
Functions of the Housing Inspectorate
- Reception and consideration of documents for redevelopment.
- Issuance of permits or motivated refusals.
- Approval or refusal to approve already completed redevelopment.
- Issuance of certificates of completed redevelopment.
- Supervision and detection of illegal facts of redevelopment.
- Issuance of instructions with requirements to return the premises to their original form.
- Drawing up protocols on administrative violations.
The housing inspectorate is involved in redevelopment at all stages and has broader powers than management companies.
Who is involved in the provision of the municipal service of legalization of the reconstruction?
Nowadays you can submit documents for approval without leaving your home, for this you should register on the website of the State Services or the website of the Moscow Housing Inspection.
What documents are needed to order establishing papers?
The Housing Inspectorate of the Russian Federation works with a minimum package of documents, since it requests the bulk of the certificates on its own. The following package of establishing papers must be submitted to the Multifunctional Center:
- Application for approval of redevelopment.
- A document confirming the ownership of the premises.
- Refurbishment or refurbishment project.
- Technical passport of the residential premises (floor plan, explication, extracts from their technical passport, certificate of the state of the building / premises).
In addition, the written consent of family members to the redevelopment should be provided if the applicant occupies the premises on the basis of a social tenancy agreement.
"I want to do the right thing" - with whom do you have to deal in order to legitimize?
MFC
The Housing Inspectorate accepts documents from citizens through the MFC. To approve repairs of this type, you should approach the MFC with three basic documents:
- registration certificate of the apartment;
- developed redevelopment project;
- and legal certificate.
Also, you should have a passport of a citizen of Russia with you. At the MFC itself, the operator will issue an application form. Based on the results of consideration of the application and the package of documents, a decision is issued on approval with the signature of an authorized person. For more information on how to legalize redevelopment through the MFC, read.
public services
The service is provided free of charge for up to 45 days. Applications may be denied registration for the following reasons:
- the redevelopment plan is contrary to the law;
- documents were submitted to the wrong authority, false information was provided.
If the administrator has no complaints, the decision will be positive. The citizen will be informed about it in his personal account.
Note that first of all, you should log in to the site, select the appropriate option and, following the prompts, upload the necessary documents(scan copies required).
The list does not differ from the one that citizens submit personally to the MFC:
- Project approved by the management company.
- Legal document.
- Technical passport from BTI.
- Application for refurbishment of the apartment.
You will find all the details of the design of the redevelopment of the apartment through the State Services.
BTI
The Bureau of Technical Inventory is an organization that organizes and collects information about real estate, it also issues documents necessary for various operations with the housing stock, including legal redevelopment.
BTI does not issue a permit for redevelopment, it only fixes the intentions and clarifies the inventory changes after the completion of the work. We recommend that you contact the bureau before starting repair work.
The first step is to obtain a technical passport for real estate: go to the "single window of the BTI" with a civil passport, a certificate of ownership of housing and consult on the possibility of coordinating the redevelopment.
The term for issuing a new passport is 10 days. The cost of the service is 1800 rubles.
How to agree on the redevelopment of an apartment in BTI and how much it will cost, we told in detail in.
Which specialist approves redevelopment after repair?
After the completion of the repair work, the apartment must be accepted by the commission. It must include a representative of the housing inspectorate. If common house property was affected during the work, a person from the management company also checks the condition of the property.
During the verification process, the commission must make sure that the final condition of the apartment corresponds to what was indicated in the project.
If no problems are found, the inspector signs an act of completed redevelopment. The form of this act at the time of commencement of construction work is transferred to the owner.
Where to apply for registration in Rosreestr?
After the completion of the repair work, all changes made to the cadastral authority should be certified - to enter new data, the owner must submit a redevelopment plan and an act signed by the housing commission on the completed redevelopment to Rosreestr.
A new extract from the USRN is issued within 1 month. Only after receiving this document, the redevelopment can be considered fully completed and legitimate.
As you can see, the Russian Federation provides for organizations and inspections that are entrusted with the functions of coordinating the redevelopment of apartments. Such a lengthy procedure is associated with the peculiarities of repair work affecting general engineering and utility structures. The first step is to coordinate the redevelopment with the management company, then contact the housing inspection or the relevant department.
If desired, any citizen can submit documents for approval online. The main thing is to have on hand a redevelopment project created by professionals, a document confirming the ownership of the apartment and a technical passport for housing.
Standard layouts, even if they are very comfortable and ergonomic, eventually cease to satisfy the needs of the owners. Owners of "individual girls" are not insured from it also. Then the owners begin to think about expanding the area of \u200b\u200bthe premises, dividing or combining rooms. However, it is prohibited to carry out unauthorized redevelopment without knowing the location of the load-bearing walls, the maximum load on the floors and other building parameters, norms and rules, Art. 25, and 29 of the Housing Code of the Russian Federation.
Coordination of the redevelopment of the apartment
The approval process involves obtaining permission, and after the repair work is completed, new documents are received that take into account the changes made. The matter is rather troublesome, since it is necessary to visit more than one instance to resolve this issue. However, the timely implementation of all the necessary steps will cost less than legalizing unauthorized alterations.
In what cases will it be needed?
A permit visa will be required in the following cases:
- combining the toilet and bathroom to increase the total area of the bathroom by combining and / or joining part of the corridor;
- arrangement of the kitchen-dining room by organizing an opening in non-load-bearing partitions;
- increasing the area of the living room by joining a part of the corridor and / or dismantling the walls of the storage rooms;
- organization of doorways in non-load-bearing partitions;
- removal of a part of the wall under the balcony window to attach it to the living room or transfer the exit;
- moving the front door deep into the corridor to create a vestibule.
Any work in load-bearing walls, dismantling of interfloor ceilings for the organization of two-level apartments, transfer of central heating batteries, installation of additional partitions from heavy building materials, dismantling of ventilation ducts are strictly prohibited.
Have a question or need legal help? Take advantage of a free consultation:
Redevelopment project for approval
The redevelopment project is a document confirming the safety of the planned work for others and their compliance with the requirements of housing legislation, SNiPs and SanPiNs. It reflects the upcoming change in the configuration of the premises, taking into account the permitted manipulations for load-bearing and non-bearing structures, engineering and communication systems, etc.
The procedure for coordinating redevelopment
The redevelopment approval procedure is carried out according to the following algorithm:
- Ordering a redevelopment project in a design organization with SRO approval for work of this kind.
- Applying for a permit for redevelopment to the housing inspection or commission at the location of the apartment.
- Carrying out repairs in strict accordance with the project.
- Obtaining an act of completion of work in the interdepartmental commission of the local administration at the address of the apartment.
- Ordering a technical plan in an organization with a full-time cadastral engineer.
- Obtaining a new cadastral passport at the cadastral chamber or MFC.
- Obtaining new title documents at the nearest branch of Rosreestr or MFC.
Where to agree?
Coordination is carried out by a special commission or inspection established in the local administration at the address of registration of the apartment. Most often, these are housing or interdepartmental commissions authorized to allow one or another type of work with the issuance of all necessary documents before and after redevelopment.
Required documents
To obtain the desired visa and implement the design idea, you will need to collect the following set of documents:
- technical certificate;
- documents on the ownership of the apartment;
- consent from the bank (if the property is burdened with a mortgage);
- redevelopment project in two copies;
- consent of all family members;
- an application to be filled out on the spot;
- applicant's passport.
How to agree on redevelopment yourself?
To independently conduct the approval procedure, you will need personal time, patience and strict compliance with the requirements. Having received a redevelopment project from the architectural bureau, you should go to the commission to obtain permission. According to the regulations, the commission has 45 days to consider the documents submitted by the owner. Upon receipt of a positive conclusion, you can start repair work. Otherwise, either the shortcomings indicated in the official conclusion are eliminated, or a judicial appeal is initiated against the decision made by the commission.
Upon completion of the reorganization, a commission is again invited, an act of completion is signed, on the basis of which a new technical passport will be issued at the BTI.
When changing the living space and the quadrature of individual premises, you will need to obtain a new cadastral passport and a certificate of ownership from the MFC or Rosreestr.
What is the price?
The final cost of work on coordination depends on the spread of prices for certain types of services:
What threatens redevelopment without approval?
Carrying out unauthorized capital repairs, entailing the demolition of partitions, the organization of doorways, the construction of additional walls, etc., first of all entails administrative responsibility for the owner under Art. 7.21 of the Code of Administrative Offenses of the Russian Federation. He will have to pay a fine of up to 2,500 rubles.
If you are not afraid of financial losses, think about the safety of your household and neighbors. Since without accurate calculations, alterations often lead to a violation of the overall strength of the building, which ultimately leads to cracks or collapse. An owner who has allowed such arbitrariness may, by a court decision, be left without an apartment, putting it up for public auction, if he does not bring everything back to its original state.
With unauthorized redevelopment, it is impossible to take further actions in relation to this apartment. It will be very difficult to sell, donate, exchange or inherit.
Thus, the approval of the redevelopment of an apartment is a must for a bona fide owner of a property. The procedure can be performed independently or with the involvement of specialized intermediaries. Otherwise, the owner faces a fine, bringing the premises to its original state, or even eviction.
Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.
To resolve your issue, fill out the following form or call the numbers listed on the site, and our lawyers will advise you for free!
Buying a new apartment, people dream of getting the perfect home. In practice, the premises may not fully suit the owners. For this reason, people often think about change. And often the question arises: where to coordinate the layout? To get an answer, you need to look into .
If a person has decided that he wants to make changes to the premises, he must prepare a design project, collect the necessary documentation and coordinate it in certain instances. Only after that the property owner will have the right to bring the idea to life.
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The nuances of the execution of the procedure may vary. For example, the composition depends on the complexity of the changes that a person wants to implement. For example, if a person wants to combine a room and a corridor, he will need to remove the partition that separates the room.
Coordination of such changes will be carried out according to a simplified scheme. A person will need to prepare documentation and prepare.
However, not all changes that you make can be agreed with the sketch. For example, if a person wants to combine a room with a balcony in order to increase its area, he will need to contact a specialized organization that will draw up a professional project for the future premises.
There are a number of other nuances that you need to know in advance. To take them all into account, you need to familiarize yourself with relevant information on the topic.
Features of procedures
For an apartment
If a person has made a decision about, future changes must be formalized without fail. Otherwise, the property owner runs the risk that penalties will be imposed on him.
If a person decides that his apartment will undergo changes, he will need to make adjustments to. Action can be simple or complex. In the first case, to make changes, you only need to prepare a sketch of the BTI floor plan.
The coordination of future adjustments according to a simple scheme is carried out if it is planned:
- plumbing installation;
- dismantling of plumbing;
- removal of non-load-bearing structures;
- execution of new openings in partitions.
Coordination is not fast. A person will be able to start work on translating ideas into reality only through 3-4 months after applying for approval.
If a person decides to act according to a complex scheme, he will have to contact the architectural bureau and order a redevelopment project from the organization. Action under such a scenario is necessary if a person plans to combine rooms or demolish walls. The exact date of approval in this situation is not set. The completion time of the procedure depends on how serious changes the person plans to make to the layout of the home.
Having chosen the appropriate option, a person should think about where to coordinate the layout. The list of organizations that you need to visit may vary depending on a number of nuances.
For example, if a person lives in Moscow, he will have to act according to the following scheme:
The scheme is relevant only for residents of Moscow. The fact is that the housing inspection of the city independently sends a request to the BTI to obtain a technical passport. This does not happen in the regions. For this reason, their inhabitants will have to act according to a different scheme.
To agree on redevelopment, people will need to visit:
BTI | Here you can order a technical passport and a floor plan. Before you go to the company, you need to call its specialist at home. Having visited the apartment, the worker will take measurements and note in the passport all the changes that the property owners want to implement. A new document will be prepared in 2 weeks. |
Housing Inspectorate or other competent authority | The organization will require you to provide documents issued by the BTI. In the same institution, you can write a statement that the person has decided to redevelop. |
Bureau of Architecture | The company carries out an order for a project or selects a ready-made typical redevelopment. |
Housing Inspectorate | All prepared papers are transferred to the organization. The decision of the company will have to wait for 35 days. |
If a person took out a mortgage to purchase real estate, he will need to obtain permission from the bank to make changes
For non-residential premises
If a person has non-residential premises, he can change its layout. However, adjustments also need to be agreed upon.
The procedure must be performed if a person plans to:
- carry out work with load-bearing structures and ceilings;
- perform manipulations with load-bearing walls;
- spend ;
- create a separate entrance or refurbish an existing one;
- to carry out the device of internal stairs, attics, mezzanine floors;
- dismantle or move;
- dismantle or move the plates.
Today there is an established procedure for obtaining .
To agree on changes, you must:
- Conduct a survey of the premises to draw up a technical report.
- Visit a design organization and commission a design for a new space.
- Approve the project. To do this, you will need to visit the Architectural and Planning Department of the District, SES, Civil Defense and Emergencies, DEZ, HOA, Mosgorstroynadzor, Gas Tech. Inspection.
- Prepare the necessary documentation.
- Obtain permission to rebuild. In Moscow, paper is issued by Mosgorstroynadzor or Moszhilinspektsiya, and in the regions - by its competent authority.
- After the redevelopment is completed, draw up a certificate of completion.
- to make changes to the technical data sheet.
- Wait for the changes to the documentation.
Remodeling non-residential premises is a complex process, which can be difficult to perform on your own. To facilitate its implementation, a person can contact specialized organizations. However, you need to understand in advance that companies charge a fee for obtaining permission to redevelop.
Where and how to agree on redevelopment
Paper preparation
In order to know in advance which documents are necessary for the implementation of the action, you need to refer to the current legislation.
According to Resolution No. 840, which is part of the Administrative Regulations of the Housing Inspectorate, a person must provide:
- technical conclusion;
- an application drawn up in accordance with the established form;
- documentation confirming the existence of ownership;
- redevelopment project;
- technical certificate.
The list is relevant for people who decide to make changes to real estate bought in the old fund.
For people who have purchased housing in a new building, the list of documentation is supplemented by the following papers:
- a confirmed act of acceptance and transfer of real estate;
- admission of the object to operation;
- confirmation of the absence of outstanding financial obligations;
- a copy of the contract confirming participation in shared construction.
If a person provides copies of documentation, they must be notarized without fail
Where to go
If a resident of Moscow is going to carry out redevelopment, he should know that the Moscow Housing Inspection is engaged in the implementation of the action.
Depending on the complexity of the changes that the person plans to make to the layout of the building, a visit may be required:
- Rospotrebnadzor;
- Architectural and planning management;
- Office of the State Fire Supervision;
- Gas inspection.
In some situations, the list can be significantly expanded. Due to the fact that the coordination is carried out for a long time, experts advise contacting organizations in parallel. To do this, you will need to provide copies of the documentation.
Position of the law
The law strictly defends the position that the redevelopment must be agreed upon without fail. Otherwise, fines will be applied to the person. So, if a person increased the area of \u200b\u200bthe object by adding additional space, the original documentation becomes invalid.
This entails a number of negative consequences:
- real estate will lose value when buying/selling;
- an apartment cannot be bought with a mortgage;
- if illegal changes in the area were made in relation to an apartment purchased with a mortgage, the bank has the right to demand an early return of funds;
- if the apartment is privatized, government authorities may require it to be returned to its original state, impose fines or even sell housing;
- if the housing is inherited, the notary has the right to refuse to provide a certificate;
- if a person wants to privatize housing, the procedure can become much more complicated.
Rescheduling will be possible.
The situation with the balcony
If a person wants to redevelop a balcony, he must carry out construction work only in accordance with established standards. In addition, this type of redevelopment will also have to be agreed. If a person is thinking where to turn, he should familiarize himself with the current legislation.
According to the established norms, you will have to visit:
- housing inspection;
- Office of Architecture;
Permission for future redevelopment is provided by the relevant municipal authority. It is there that you need to provide a complete package of documentation.
If a person wants to make changes to the balcony, he will need to provide the following papers:
- updated BTI passport;
- ready-made project for the upcoming redevelopment;
- conclusion about the possibility of manipulation;
- all owners;
- agreement with the architectural organization or the author of the house project;
- documents confirming the ownership.
Particular attention should be paid to the redevelopment project. It is on its basis that a decision will be made on whether it is possible to implement changes in life. Only after receiving permission, a person can begin to change the balcony.
FAQ
Often in the process of redevelopment, people encounter a number of problems that slow down the process.
To know in advance how the operation will be carried out, you can read the answers to the most popular questions:
Is it possible to make an opening in a load-bearing wall? | Making such a change is possible, but not everything is so simple. The decision of state bodies that allow or prohibit manipulation depends on a number of factors. For this reason, the answer to this question is individual in each case. |
What changes are prohibited? | There is a whole list of prohibitions that cannot be implemented during redevelopment. These include:
If a person wants to implement one of the prohibited items, he will be denied the action. |
Why do you need to agree on planned changes? |
|
What to do if the redevelopment of the apartment has already been completed without obtaining permission? | . The procedure is not much different from the classical one. A person will need to familiarize themselves with relevant materials on the topic and perform an action. |
Is it possible to apply to specialized organizations that will receive permission for redevelopment per person, and how much will it cost? | Today, it is not difficult to find a company that is ready to independently prepare all the documents and submit them to the appropriate authorities. A whole range of institutions is ready to perform turnkey manipulation. The average cost of their services is about 60 000 rubles. |
Independently, if it is necessary to increase the area of a particular room, or vice versa - to separate rooms? This question arises for many homeowners who decide to make changes to the existing layout of the premises of the apartment.
When starting repairs with redevelopment, you definitely need to know about some of the nuances that you need to take into account before starting work. This is not only drawing up a new apartment plan with an accurate architectural calculation and design project, but also coordinating all upcoming actions in the regulatory authorities.
If these issues are not dealt with in time, then if illegal alterations are found during certain real estate transactions, its owner, not only will he pay a large fine - he will not be able to sell, donate, transfer to another family member until all redevelopment will not be officially legalized.
In addition, without the opinion of specialist architects, it is not recommended to touch the walls in the apartment without determining which of them is the carrier. Deciding on your own, without consulting with specialists and without approving the plan, to demolish a wall or make an opening for a door in it, as well as build it, you can seriously damage the overall strength of the building structure, which most likely can lead to its damage.
Naturally, going through various instances is a troublesome business. However, you need to remember that sooner or later this will still have to be done, but only later such coordination will cost much more.
The range of permitted and prohibited actions during redevelopment
In order not to go to the housing inspection empty-handed, you need to advance, although would approximately, prepare your own redevelopment project, taking into account the existing rules that indicate what is permissible and what is strictly prohibited.
To eligible activities redevelopment can include:
- Combining a toilet and a bathroom to increase the total area of \u200b\u200bthe bathroom, as well as using part of the corridor to expand this area.
- Arrangement from the kitchen and the dining-kitchen room adjacent to it, with making an opening in the wall, which is not a load-bearing one.
- An increase in the area of \u200b\u200bthe living room by combining it with a corridor or some part of it.
- The device of additional door passages in the walls, which are not bearing.
- Dismantling the walls of pantries or mezzanines to increase the living rooms or kitchen space.
- Removing part of the wall under the window when leaving to the balcony - to expand the passage or to combine this room with the room.
- Moving the front door deep into the corridor, to create a vestibule in front of it, if possible.
- Dismantling or independent penetration of passages in the main load-bearing walls.
- Combining living rooms or kitchens with loggias or balconies by completely dismantling any external walls.
- Combining living quarters with bathrooms or increasing the usable area at their expense.
- Relocation to the loggia or balcony of radiators connected to the central heating system.
- It is strictly forbidden to combine apartments located on different floors with the dismantling of even the smallest part of the interfloor overlap.
- Carrying out dismantling or overlapping of ventilation ducts and vents.
- Extension of additional rooms to the apartments on the ground floors, as well as the arrangement of cellars and cellars in them or under the balconies.
- Unauthorized installation of capital partitions in rooms made of reinforced concrete or other massive materials.
Taking into account these rules, it is possible to draw up a preliminary own draft scheme for submitting it to the housing commission.
Where can I go to get approval for a redevelopment?
To obtain permission to carry out construction work on the redevelopment of an apartment, it is necessary to contact the local self-government bodies of the district, where either a housing commission is formed, or a special inspection has been created. In order to find out exactly which authorized body in a particular area will coordinate such events, it is necessary to contact the local executive authorities.
To start repair work, you must obtain a coordinating document - permissionIn order not to waste time in vain, you can prepare in advance the required package of documents necessary for the procedure for considering the application and its approval.
- Proof of ownership. You can provide a copy certified by a notary.
- Technical passport for housing, in which the restructuring is planned.
- A special application form with a description of the future redevelopment. The form is issued directly to the commission dealing with these issues.
- Project plan for redevelopment.
- The consent of all tenants permanently registered in the apartment to carry out measures to remake the living space.
Redevelopment in old buildings can also be difficult because they may be of historical or cultural value. If it turns out that everything is going that way, then you will also have to apply for permission to the organization involved in the protection of monuments.
This list of documents is legalized to provide throughout the territory of the Russian Federation, authorized persons should not require any other documents from the owner of housing. By the way, not so long ago, the approval procedure was much more complicated, since representatives of the housing commission were given the right to independently determine the list of documents necessary for approval.
Deadlines for approval
Work with the documents accepted for consideration is carried out by the commission for a maximum of one and a half months (or rather, 45 days). When submitting a package of documents, the homeowner must be issued a receipt, on which the date of their receipt is affixed. From this date, the period established for the entire approval process is counted. When the conclusion about permitted or vice versa, a prohibited redevelopment is accepted, a ready certified document can be received after three working days.
If permission is obtained for redevelopment, then you can safely proceed to construction work.
If a refusal is received, then you need to pay attention to the rationale for the reasons for the ban, since only three factors have been officially approved that can cause a negative decision on.
- The draft plan drawn up does not comply with the requirements of the law or is contrary to the established rules, which were mentioned above.
- The required package of documents is not fully assembled or the authenticity of the documents is questionable.
- The documentation was submitted to the commission, which does not deal with such issues - isolated cases of such incidents also occur. So that this does not happen, and time is not lost, it is better to immediately find out who exactly in this area is considering such issues.
If the redevelopment is refused, then the decision to refuse is also issued in the form of a document that given the exact reason. If the decision to the owner of the apartment seems unlawful, then he has the opportunity to challenge the refusal in the courts. Statistics show that after such rules came into force, there were significantly fewer refusals in requests for redevelopment permits.
If the redevelopment is allowed, and the work in accordance with the approved project has been carried out in full, then the next step is to invite a commission to accept the work performed. She will check all the alterations made and their compliance with the approved plan and draw up an appropriate act. Then the entire package of documents and the act-conclusion must be sent to the real estate commission, and only after that the redevelopment will be considered legal.
All changes are necessarily reflected in the technical passport of the apartment, and the owner will not subsequently have any problems when making real estate transactions.
Video: as a rule, agree on the redevelopment of the apartment
Responsibility of homeowners for unauthorized redevelopment
In case of illegal actions of the owner on unauthorized redevelopment, the following penalties may be imposed.
The commission reserves the right to oblige the owner to return the apartment to its original appearance and sets certain deadlines for this process.
If the alteration of the apartment was carried out without violating the existing rules and does not affect the overall design of the building in any way, then the commission may allow the legalization of the new plan of the apartment. This option is also provided for by law. Of course, this will involve bringing the landlord to administrative responsibility in accordance with Art. 7.21 of the Code of Administrative Offenses of the Russian Federation. Although the amount of the fine while installed insignificant - from 2 to 2.5 thousand rubles, there are prerequisites for the fact that in the near future the penalty will be significantly tightened - the option of increasing fines even up to 100 thousand rubles is being considered.
If the commission decided to return the apartment to its original form, due to the fact that the security of the entire building was violated, but the owner stubbornly refuses to comply with these requirements and does not carry out the relevant work, then the claim against him is transferred to the courts. The court may decide on the alienation of housing from the owner and putting it up for public auction. Such decisions are very rare, but all such cases do happen. After the sale of the apartment, the money is transferred to the owner of the home, minus legal costs.
If an uncoordinated redevelopment was carried out by a citizen living in an apartment under a social contract (state, municipal or service housing), then the contract may be terminated with the subsequent eviction of the perpetrators.
Video: what could threaten unauthorized redevelopment of an apartment
How to avoid buying an apartment with illegal redevelopment?
When purchasing an apartment, it is necessary to carefully study its technical passport and compare it with the actual layout. If the drawing in the passport matches the existing location of the premises and their dimensions, then this means that the alterations are legalized, since in any case all agreed changes are entered in the technical passport for housing. It is quite difficult to make a reconciliation on your own, therefore it is recommended to invite a specialist from the technical inventory bureau or another authorizedmany deal with such issues of the body. Specialist etc will make the necessary measurements, check with the existing plan, and unambiguously determine the legality of the layout.
When buying an apartment - special attention to its plan, which must match the realities
The first thing you need to pay attention to in terms of the apartment are the red lines showing the new location of the rooms and their size. If the plan of the apartment does not match the realities, and there are no red lines of redevelopment, then it is not legalized, and the new owner may have big problems. In the future, all responsibility for the actions of the former owner will fall entirely on the new owner.
Therefore, when purchasing housing, it is necessary to show special attention to the documents, meticulousness in considering all the nuances, down to seemingly trifles, so that later you do not have to be left without an apartment or make large-scale expensive repairs, returning the premises to their original appearance.
Let's take a look at how the agreement is made. Each organization, of course, has its own options and their combinations. We will try to show what is possible.
External approval
For external approval, GOST R 6.30-2003 recommends using the approval stamp on the draft document. Let me remind you that the approval stamp is a requisite that expresses the consent of another organization that is not the author of the document with its content (GOST R 7.0.8-2013, definition 56).
Document Fragment
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3.23. The document approval stamp consists of the word AGREED, the position of the person with whom the document was approved (including the name of the organization), personal signature, signature decoding (initials, surname) and the date of approval, for example:
AGREED
Rector of the Financial Academy
under the Government of the Russian Federation
Personal signature of A.G. Gryaznova
date of
If the approval is carried out by letter, protocol, etc., the approval stamp is drawn up as follows:
AGREED
Letter from the Russian Academy
medical sciences
dated 05.06.2003 No. 430-162
AGREED
Minutes of the meeting of the Board
Russian state
insurance company "Rosgosstrakh"
dated 05.06.2003 No. 10
Example 1
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Example 2
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Internal reconciliation
1. Approval of the document (approval visa)
This form of approval is most often used by small organizations, where the list of approvers is quite limited, or for documents that are approved by a couple of people.
However, this method is not at all convenient for large companies whose list of consenters reaches a dozen (possibly more) officials.
GOST R 6.30-2003 recommends that visa approval similar to the approval stamp, but without indicating the word "AGREED" itself and the name of the organization as part of the position of the approver (with internal approval, it is already clear that this official works in the organization - the author of the document). The following difference: the internal coordination of the project is possible if there are comments to it, which must be attached.
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GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Documentation Requirements »
3.24. Approval of the document is formalized with a document approval visa (hereinafter referred to as the visa), which includes the signature and position of the approver of the document, the decoding of the signature (initials, surname) and the date of signing. For example:
Personal signature of A.S. Orlov
date of
If there are comments to the document, the visa is issued as follows:
Comments attached
Head of Legal Department
Personal signature of A.S. Orlov
date of
Comments are stated on a separate sheet, signed and attached to the document.
For a document whose original remains with the organization, visas are affixed at the bottom of the reverse side of the last page of the original document.
For a document whose original is sent from an organization, visas are affixed at the bottom of the front side of a copy of the document being sent.
It is possible to issue a visa document on a separate approval sheet.
It is allowed, at the discretion of the organization, sheet-by-sheet approval of the document and its application.
Example 3
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2. Approval sheet
In practice, quite often you can find a collection of approval visas for a draft document not on it itself, but on its approval sheet.
The approval (approval) sheet of a document is part of an official document with marks (visas) on approval (GOST R 7.0.8-2013).
In different organizations, its form can be very different. In view of this definition, we note that it is allowed to use exactly marks on approval, not visa approval. Therefore, printouts from EDMS and MS Outlook (more on this later, see Figure 4 and Example 6) are nothing more than approval sheets.
I want to note that endorsement on the draft document itself or the collection of “live” signatures on a paper approval sheet is the most reliable option, because. who agrees on his personal signature is unlikely to refuse later.
Example 4
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Example 5
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3. Coordination by e-mail (for example, in MS Outlook)
Collecting "live" signatures on a draft document or on an approval sheet takes enough time. And the very essence of the process of coordination is not simple. Therefore, office work services are trying to simplify the life of both themselves and those who agree. One of the options for such simplification is the use of electronic approval. And even if you do not have an EDMS with special clerical functionality, then ordinary e-mail is most likely installed on the computers of all coordinating persons. And, by the way, with the help of MS Outlook, it is quite possible to organize electronic coordination of files sent through it.
Let me briefly explain how you can use it:
However, I want to note that this option has its drawbacks. The approver can always say that someone else voted from his computer in his absence. Companies try to solve such misunderstandings:
- either by using an electronic digital signature by each participant in the process (a very costly mechanism),
- or in internal regulations (for example, “on security”, “on the use of an automated workplace”, etc.), they try to oblige employees to use only their own computer for work, and when leaving, block it with a password.
4. Coordination in the EDMS
An even more progressive way to coordinate documents is to use various electronic document management systems. The principle of operation is simple:
- The initiator enters a certain application in the EDMS (CASE, Boss Referent, Directum, etc.) and attaches a draft document.
- Approvers, having considered the draft, leave their comments and vote.
- The initiator can print out the result of the vote and attach it to the draft document for signing. As a rule, this “result” (approval sheet) is confirmed by the signature of the responsible worker of the records management service.
In our organization, it is customary to use two forms of approval at the discretion of the initiator:
- collection of "live" visas on a paper approval sheet or
- approval in the EDMS - at the same time, an approval sheet is also generated, but filled in automatically (shown in Example 6).
However, the combination of these methods when agreeing on one document is prohibited for us, because some approvers will not see the comments of others. The approval sheet printed from the EDMS must be certified by the signature of the head of the SDOU.
Example 6
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