Where the redevelopment of the apartment is agreed upon. Approval of an apartment redevelopment project
The process of approving redevelopment is regulated by the Housing Code of Russia (Chapter 4) and local by-laws - in Moscow these are the “Fundamentals of Housing Policy of the City of Moscow” (Article 15) and Resolution No. 508 on the organization of reconstruction and (or) redevelopment of residential and non-residential premises in apartment buildings. These documents specify the permitted types of work, as well as the subtleties of document preparation. The authorities you need to contact depend on the region. In Moscow, this is dealt with by the Moscow Housing Inspectorate, in St. Petersburg - by the State Housing Inspectorate, in other regions - by the local administration (it is possible to apply through the MFC).
What does not need to be agreed upon
There is good news - not all work needs to be approved.
A permit will not be required for cosmetic repairs, including the replacement of finishing coatings, the installation or disassembly of built-in furniture (if it is not indicated in the technical passport), or the replacement of engineering equipment with a similar technical device.
You do not need permission to reinstall an electric stove in the kitchen, or to install an antenna, outdoor screens or air conditioners on the facades of houses. You can also change the materials of balconies and loggias yourself.
Rearrangement of heating (heating) and gas appliances is allowed if this does not require the installation of additional supply networks.
There are also a number of works that can be done without a project and permission, and then issued through a notification procedure. These include:
— rearrangement of plumbing fixtures in the existing dimensions of toilets, bathrooms, kitchens;
— sealing doorways in non-load-bearing partitions;
— glazing of loggias and balconies according to standard projects;
— eliminating or changing the shape of vestibules without increasing their external dimensions;
— installation of partitions without increasing the load on the floors;
- complete or partial dismantling of non-load-bearing partitions (except for inter-apartment partitions);
— arrangement of openings in non-load-bearing partitions (except for inter-apartment partitions).
Permission before redevelopment
According to the project, which must be submitted before redevelopment, all types of work are carried out that in one way or another affect load-bearing structures and general building utilities.
Also, the types of work for which you need to obtain permission in advance include all types that are not provided for in the part that does not need to be approved. For example, this is the reconstruction of floors, any work affecting the architectural appearance of the facade, the installation of new or relocation of existing bathrooms, any work related to gas.
If you have any doubts about whether the redevelopment needs to be approved, it is better in any case to contact the Moscow Housing Inspectorate before starting repairs.
What will never be agreed upon
Deterioration of living conditions is not allowed - both for neighbors and for one’s own.
The work must not compromise the strength and stability of supporting structures; accordingly, any loads must be within the design limits.
It is forbidden to install disconnecting or regulating devices on general apartment utility networks.
It is not allowed to transfer heating radiators connected to a common system to loggias, balconies and verandas.
It will not be possible to independently arrange a loggia or terrace on the second floor and above.
You cannot remodel a house that is considered unsafe.
It will not be possible to combine the kitchen and living room if the apartment has a gas stove - you will need a tightly closing door.
Required documents
To approve the redevelopment, you need to provide an application, documents for the apartment, a redevelopment project (if required) and a technical passport of the premises (obtained from the territorial department of the BTI).
Title documents may not be provided if the right to the premises is registered in. In Moscow, you also don’t have to bring a technical passport - it will be received by the Moscow Housing Inspectorate in the form of an electronic copy.
If the apartment is not owned, and people live there under a social tenancy agreement, written consent of all family members will be required.
If the building in which the apartment is located is an architectural, historical or cultural monument, you must provide a conclusion from the body for the protection of such monuments on the admissibility of redevelopment.
Permission or refusal
The decision must be made within 45 days from the date of application.
If documents were submitted through the MFC - within 45 days after the documents were transferred to the decision-making body. No later than another three working days, the approval body must send the decision to the MFC or issue it to the applicant.
A refusal of approval may be received if the necessary documents are not provided, the documents are submitted to the wrong authority, or the redevelopment project does not comply with the law. The decision to refuse must contain a justification. The refusal can be appealed in court.
Acceptance of work after repair
Once consent has been received, repairs can begin, but the process will not end there. After completion of all work, you need to invite an acceptance committee, which will confirm that the redevelopment corresponds to the original project.
Based on the results of the inspection, an act must be drawn up, which is sent by the body carrying out the approval to the body that maintains state records of real estate objects.
What are the consequences of redevelopment without approval?
For unauthorized redevelopment, a fine of 2000 to 2500 rubles is imposed (Article 7.21 of the Code of Administrative Offenses of the Russian Federation). In addition, the owner will be obliged to restore the premises to their original condition, for which a “reasonable period” is given.
If an order is issued to return everything to its original condition, but it is not fulfilled, the apartment can be sold at public auction (the owner will receive the money minus legal costs).
Previously, Gazeta.Ru talked about ideas for redevelopment with advice from designers and realtors.
They don’t have an ideal layout, let alone apartment buildings built in the Soviet era. Probably, in their hearts, everyone dreams of making their home unique and more comfortable in their own way. In this case, redevelopment comes to the rescue, implying any change in the configuration of the premises.
You can make the space of your apartment more free by removing unnecessary interior partitions using dismantling window sill area increase natural light in the kitchen or room, increase the area wet zone, combining the toilet with the bathroom and expanding the combined bathroom into the corridor.
However, when planning to renovate their apartment, many do not even think about the legality of their actions. Meanwhile, it is necessary to coordinate the redevelopment. Some citizens who decided to neglect this process and did it in the apartment unauthorized redevelopment in violation of building and sanitary standards have already lost their ownership rights.
At the same time, preparing to carry out radical transformations of their living space on the basis of permits, every property owner is faced with the question of where to approve the redevelopment of the apartment?
In order to definitely say where to approve the redevelopment of an apartment, you need to know where it is located, since the procedures for approving the redevelopment of premises in the capital and the region are slightly different.
Where to coordinate the redevelopment of an apartment in Moscow?
The main institution in Moscow approving the redevelopment of apartments is the housing inspection, departments which operate in every district of the city.
The Moscow Housing Inspectorate, through the regional branches of the multifunctional center of public services (“My Documents”), accepts papers from applicants for approval.
Find out what documents will be required to approve your redevelopment.
It also issues permission to carry out redevelopment work or a written refusal to carry out repairs. And also draws up acts of completion of reconstruction and redevelopment.
Samples of documents from the Moscow Housing Inspectorate:
The Housing Inspectorate is the main government agency in the capital approving redevelopment, but not the only one.
Depending on the complexity of the repair and the type of work, the redevelopment project will additionally have to be coordinated with other authorities.
To redevelop an apartment located in mortgage, you will need a certificate from the bank that it is not against major repairs in it.
The Moscow Department of Cultural Heritage will require permission if the apartment is located in a building that is classified as a capital historical and cultural monument.
In this case, instead of a redevelopment project, a company with a special license from the Ministry of Culture of the Russian Federation is developing fixture project .
Where can you coordinate the redevelopment of an apartment if you plan to change the facade wall of the house? The answer is in the State Budgetary Institution GlavAPU.
All documents and certificates received from the listed organizations, together with the main package of documents, are transferred to the Moscow Housing Inspectorate for study.
Where can I coordinate the redevelopment of an apartment in the Moscow region?
In the Moscow region, redevelopments are carried out by local administrations or their structural divisions, which approve them. For example, it could be the city department of architecture and urban planning.
Moreover, each city has its own regulations for redevelopment of residential premises.
You can get additional information about where to coordinate the redevelopment of an apartment from our consultants. Ask your questions by
Standard layouts, even if very comfortable and ergonomic, over time cease to meet the needs of the owners. Owners of “prostitutes” are not immune from this either. Then the owners begin to think about expanding the space of the room, dividing or combining rooms. However, it is prohibited under Art. 25, and 29 of the Housing Code of the Russian Federation.
Coordination of apartment redevelopment
The approval procedure involves obtaining permission, and after repair work is completed - obtaining new documents taking into account the changes made. The matter is quite troublesome, since it is necessary to visit more than one authority to resolve this issue. However, timely completion of all necessary steps will be cheaper than legalizing unauthorized alterations.
In what cases will it be needed?
An authorization visa will be required in the following cases:
- combining a toilet and a bathroom to increase the total area of the bathroom by combining and/or joining part of the corridor;
- arrangement of a kitchen-dining room by creating an opening in non-load-bearing partitions;
- increasing the living room area by adding part of the corridor and/or dismantling the walls of storage rooms;
- organization of doorways in non-load-bearing partitions;
- removing part of the wall under the balcony window to connect it to the living room or move the exit;
- moving the front door deeper into the corridor to create a vestibule.
Any work in load-bearing walls, dismantling interfloor ceilings to organize two-level apartments, moving central heating radiators, installing additional partitions made of heavy building materials, dismantling 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 permitted manipulations for load-bearing and non-load-bearing structures, engineering and communication systems, etc.
The procedure for approving redevelopment
The redevelopment approval procedure follows the following algorithm:
- Ordering a redevelopment project from a design organization with SRO approval for work of this kind.
- Applying for permission for redevelopment to the housing inspectorate or commission at the location of the apartment.
- Carrying out repair work in strict accordance with the project.
- Obtaining a certificate of completion of work from the interdepartmental commission of the local administration at the address of the apartment.
- Order a technical plan from an organization with a full-time cadastral engineer.
- Obtaining a new cadastral passport from the cadastral chamber or MFC.
- Obtaining new title documents from the nearest branch of Rosreestr or MFC.
Where to agree?
Approval is carried out by a special commission or inspection established in the local administration at the apartment’s registration address. Most often, these are housing or interdepartmental commissions authorized to authorize this or that type of work with the issuance of all necessary documents before and after redevelopment.
Required documents
To obtain the desired visa and implement your design idea, you will need to collect the following set of documents:
- technical certificate;
- documents on ownership of the apartment;
- consent from the bank (if the property is encumbered with a mortgage);
- redevelopment project in two copies;
- consent of all family members;
- application to be completed on site;
- applicant's passport.
How to coordinate the redevelopment yourself?
Carrying out the approval procedure yourself will require personal time, patience and strict compliance with the requirements. Having received a redevelopment project from an architectural bureau, you should go to the commission to obtain permission. According to the regulations, the commission has 45 days to review the documents submitted by the owner. Once a positive conclusion is received, repair work can begin. Otherwise, either the shortcomings indicated in the official conclusion are eliminated, or a judicial appeal is launched against the decision made by the commission.
Upon completion of the reconstruction, the commission is invited again, a work completion certificate is signed, on the basis of which a new technical passport will be issued to the BTI.
If the living area and square footage of individual premises change, you will need to obtain a new cadastral passport and certificate of ownership from the MFC or Rosreestr.
What is the price?
The final cost of work upon approval depends on the range of prices for individual types of services:
What are the consequences of redevelopment without approval?
Carrying out unauthorized major repair work, entailing the demolition of partitions, the organization of doorways, the construction of additional walls, etc., First of all, it entails administrative liability for the owner under Art. 7.21 Code of Administrative Offenses of the Russian Federation. He will have to pay a fine of up to 2,500 rubles.
If financial losses do not worry you, think about the safety of your household and neighbors. Because 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 condition.
With illegal 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, approval of the redevelopment of an apartment is mandatory for a bona fide owner of the property. The procedure can be performed independently or with the involvement of specialized intermediaries. Otherwise, the owner faces paying a fine, bringing the premises back to its original condition, 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 website, and our lawyers will advise you for free!
Let's figure out how the approval is formalized. Each organization, of course, has its own options and combinations. We will try to show the possible ones.
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 agreement of another organization that is not the author of the document with its contents (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, transcript of the signature (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
If approval is carried out by letter, protocol, etc., the approval stamp is drawn up as follows:
AGREED
Letter to the Russian Academy
medical sciences
dated 06/05/2003 No. 430-162
AGREED
Minutes of the Board meeting
Russian state
insurance company "Rosgosstrakh"
dated 06/05/2003 No. 10
Example 1
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Example 2
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Internal consistency
1. Document endorsement (approval visa)
This form of approval is most often used by small organizations where the list of approving persons 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, the list of which reaches a dozen (possibly more) officials.
GOST R 6.30-2003 recommends drawing up visa approval similar to the approval stamp, but without indicating the word “AGREED” 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 that authored the document). The following difference: internal approval of the project is possible if there are comments to it, which must be attached.
Document fragment
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GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for document preparation"
3.24. The approval of the document is issued with a document approval visa (hereinafter referred to as the visa), which includes the signature and position of the person approving the document, a transcript of the signature (initials, surname) and the date of signing. For example:
Personal signature of A.S. Orlov
date
If there are any comments to the document, the visa is issued as follows:
Comments are attached
Head of Legal Department
Personal signature of A.S. Orlov
date
Comments are stated on a separate sheet, signed and attached to the document.
For a document, the original of which remains with the organization, visas are affixed at the bottom of the reverse side of the last sheet of the original document.
For a document whose original is sent from an organization, visas are affixed to the bottom of the front side of the copy of the document being sent.
It is possible to issue visa documents on a separate approval sheet.
It is allowed, at the discretion of the organization, to endorse the document and its attachments page by page.
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 the document itself, but on its approval sheet.
The document approval (vising) sheet is part of an official document with approval marks (visas) (GOST R 7.0.8-2013).
Its form may vary greatly in different organizations. Taking into account this definition, we note that it is allowed to use exactly marks about approval, not the visa of the approver. Therefore, printouts from the EDMS and MS Outlook (more on this later, see Figure 4 and Example 6) are nothing more than approval sheets.
I would like to note that endorsing the draft document itself or collecting “live” signatures on a paper approval sheet is the most reliable option, because the person approving is unlikely to later refuse his personal signature.
Example 4
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Example 5
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3. Coordination by email (for example, in MS Outlook)
Collecting “live” signatures on a draft document or on an approval sheet takes a lot of time. And the very essence of the approval process is not simple. Therefore, office management services are trying to simplify life for both themselves and those approving. One option for this simplification is the use of electronic approval. And even if you do not have an EDMS with special office-work functionality, then regular email is most likely installed on the computers of all approving persons. And, by the way, using MS Outlook it is quite possible to organize electronic approval of files sent through it.
Let me briefly explain how you can use this:
![](https://i1.wp.com/delo-press.ru/storage/D/2016/D_16-03_32-41_doc_6.gif)
However, I want to note that this option also has disadvantages. The person agreeing can always say that someone else voted from his computer in his absence. Companies try to resolve such misunderstandings:
- or by using an electronic digital signature by each participant in the process (a very expensive mechanism),
- or in internal regulations (for example, “on security”, “on the use of an automated workstation”, etc.) they try to oblige employees to use only their computer for work, and when leaving, block it with a password.
4. Approval 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 into the EDMS (BUSINESS, Boss-referent, Directum, etc.) and attaches a draft document.
- The approvers, having reviewed the draft, leave their comments and vote.
- The initiator can print the voting result and attach it to the draft document for signing. As a rule, this “result” (approval sheet) is confirmed by the signature of the responsible employee of the office 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 - in this case, an approval sheet is also generated, but filled out automatically (shown in Example 6).
However, the combination of these methods when approving one document is prohibited, 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 EDMS.
Example 6
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The procedure for approving a document is familiar to every secretary and executor. For those who are unfamiliar, we remind you: the draft document, carefully prepared by the contractor, goes through an approval procedure before receiving the signature of the general director. Specially appointed officials look at the project, each in their own area, and either agree with what is written (agree) or disagree (disagree). All this is properly reflected in special props. We will look into how to complete it correctly, as well as how the “approval stamp” requisite differs from the “approval visa” requisite, in the article.
Who are the approving persons?
As already mentioned, approving officials are officials who need to present the project before signing.
Each organization compiles a list of approving persons independently, but each of the managers - which is logical - should review the project only within the scope of their competence. Let's take an ordinary contract as an example. Its “monetary” part must be agreed upon by the chief accountant: whether the amount is calculated correctly, the tax is indicated, installments are established, etc. The integrity of the counterparty will be checked by the head of the security service. Is the contract drawn up correctly and are all the interests of the company respected in it - the head of the legal department, and so on.
Which of the SLs agrees on which aspect must be specified in a local regulatory act. This could be an instruction on office work, a provision on contractual work (but then the information will relate only to contracts) or a regular order.
Thus, having created the document, the contractor himself determines the composition of the approving persons and carries out the approval. The secretary’s duty is to review the approval visas when accepting a document for signature by the director and determine whether they have been collected correctly.
How is approval carried out?
There are two ways to agree on a document: either by running around all the necessary managers, or by conducting electronic approval. The latter, of course, is more convenient and faster. You can read about the available means by following the link. If an organization operates an electronic document management system, electronic approval of documents is mandatory.
Vulture or visa?
The agreement is drawn up in accordance with. Let's open it and find out that here we are offered two details:
23 – document approval stamp
24 – visa document approval
What is the difference? It’s very simple: the stamp is issued by a third party. A higher, controlling, supervisory authority will put an approval mark on the document. Visa in which the document is created. Again:
The neck is coordinated from the outside. Visa - from the inside.
How to obtain an approval stamp?
If a draft document needs to be approved externally, the process goes as follows:
- The company that authored the document sends the project to the approving organization or body. To do this, you need to write a simple one with elementary text:
Please approve the project...
The letter is signed by the General Director.
- The approving organization or body receives the letter and, in accordance with its rules, carries out the approval procedure within a specified time period (usually 30 days).
- An official’s signature is not always sufficient for approval. In some cases, the project is reviewed by the appropriate commission (collegium, headquarters, etc.). Then the agreement is formalized in the minutes of the meeting or the decision - these are separate documents.
- The response is also sent to the author of the document by letter. The text is still simple:
We are sending you the agreed project...
At the meeting of the commission..., held on September 16, 2015, the project... was agreed upon (minutes of the meeting are attached).
If the approval was carried out personally by an official, then he himself signs the stamp:
AGREED
Head of the Department of State Supervision in the Provision of Transport Services in the Volgograd Region
Kolesov I.N. Kolesov
16.09.2015
Required components of the props:
- the word AGREED, written in capital letters;
- position of the approving person indicating the organization (government body);
- his personal signature;
- initials, surname;
- date of approval.
If the approval is contained in a document, then a copy of this document is sent to the author of the project, and the approval stamp is filled out by the executor:
AGREED
Letter of the Ministry of Finance of the Russian Federation dated September 16, 2015 No. Ikh-3945-3/4
AGREED
Minutes of the meeting of the Commission for providing leisure time for schoolchildren during the autumn holidays under the Department of Education of Samara dated September 16, 2015 No. 1.
How to apply for a visa approval?
Internal approval is drawn up in a similar way, with the difference that it is enough to indicate only the position of the SL, and the name of the organization is not written.
There is no word AGREED above visas in GOST. You can do without it. But it wouldn’t be a mistake to put it if it’s not obvious what the signatures are. For example, so as not to confuse the visas for approving the order with the signatures of persons familiar with it.
Head of HR Department
Drobysheva A.V. Drobysheva
16.09.15
Internal approval can also be formalized in a protocol:
AGREED
Minutes of the EC meeting dated September 16, 2015 No. 6
If there are many approving persons or for some reason it is undesirable to show extra signatures on the document, it is drawn up.
Where are the visa and stamp located?
The document approval stamp is usually located a couple of lines below the “Signature” attribute, closer to the left margin of the page.
There are more options for the location of approval visas:
- under the text (for example, as in the Act on the allocation for destruction of documents not subject to storage);
- on the back of the document (for example, in orders for main activities); if the document is multi-page, then on the back of the last page;
- on your copy of the document (for example, on a visa copy of a letter or on your copy of a contract).
Do they always put “agreed”?
Of course not. The approving person reads the document and does not always immediately agree with its contents. In addition to the positive “Agreed,” the performer may receive the following response:
- “not agreed” is when the SL is categorically against this document being signed until the errors made in it are eliminated;
- “agreed with comments” - when the approving manager found inaccuracies in the draft that will not entail legal consequences and will not affect the legal validity of the document in the future, but, nevertheless, must be eliminated before signing. For example, lack of page numbers, grammatical errors, incorrect abbreviation, etc. If there are many comments, they are listed on a separate sheet. You cannot write “s/z” and not indicate your comments.
“Not agreed” is not written in the details. “Agreed with comments” can be placed in the details with comments attached. The secretary, having seen such a visa, is obliged to check that the comments have been eliminated, and only after that accept the draft for signature.