Transfer, reconstruction and redevelopment of residential premises - Lawyer in Samara and Moscow - representation in court and legal services

The concept of reconstruction and redevelopment of residential premises

The definitions of reconstruction and redevelopment of residential premises are enshrined in Art. 25 of the Russian Housing Code. Reconstruction means the transfer, installation or replacement of utility networks, all kinds of equipment, including electrical or sanitary equipment, if they must be included in the technical passport.

What is meant by redevelopment and how does it differ from reconstruction? This concept is also enshrined in Art. 25 of the Housing Code of the Russian Federation and means a modification of the configuration of the premises, for which appropriate adjustments must be made to the technical passport.

The consequences of unauthorized reconstruction or redevelopment may arise if the relevant authority receives a complaint from neighbors or relatives. And also if a person wants to sell or donate his property.

§ 7.1. The concept and types of reconstruction and redevelopment

The conditions and procedure for the reconstruction and redevelopment of residential premises are established by Art. 26 - 28 of the Housing Code of the Russian Federation (see comments to these articles). Acts of the constituent entities of the Russian Federation defining the conditions and procedure for the reconstruction and redevelopment of residential premises have lost force since March 1, 2005 (from the moment the Housing Code of the Russian Federation came into force). In particular, Moscow Law No. 37 of September 29, 1999 “On the procedure for reorganizing premises in residential buildings on the territory of the city of Moscow” was declared invalid. According to Art. 25 of the RF Housing Code, reconstruction of residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises. Reconstruction (re-equipment) of residential premises may include: - installation of household electric stoves instead of gas stoves or kitchen hearths, - relocation of heating plumbing and gas appliances, - re-installation and re-equipment of existing toilets, bathrooms, laying new or replacing existing inlet and outlet pipelines , electrical networks and devices for installing shower cabins, Jacuzzis, high-power washing machines and other new generation plumbing and household appliances. Redevelopment of a residential premises is a change in its configuration, requiring changes to the technical passport of the residential premises. Redevelopment is carried out while maintaining the functional purpose of the premises, re-equipment is carried out to adapt the premises to a new functional purpose, reconstruction work, including those carried out in conjunction with work on redevelopment and re-equipment of premises, involves partial changes in the load-bearing structures and (or) in the architectural appearance of the building. At the same time, measures and methods of their implementation that violate the requirements of construction, sanitary-hygienic, environmental and operational-technical regulatory documents in force for residential buildings are not allowed. Activities that affect the architectural appearance of residential buildings (arrangement of balconies, canopies, bay windows, turning into bay windows of existing loggias and balconies, arrangement of attic rooms, etc.) and subject to registration and implementation in the manner established for the reconstruction of residential buildings. Redevelopment of residential premises may include: - moving and dismantling partitions; — transfer and installation of doorways; — disaggregation or consolidation of multi-room apartments; — installation of additional kitchens and bathrooms; — expansion of living space due to auxiliary premises; — elimination of dark kitchens and entrances to kitchens through apartments or living quarters; — installation or refurbishment of existing vestibules. According to clause 3.7.4. Methodological manual for the maintenance and repair of the housing stock MDK 2-04.2004, the re-equipment and redevelopment of residential and utility rooms in apartments of apartment buildings can be carried out in order to increase the level of improvement and comfort of living. The procedure and conditions for carrying out reconstruction and redevelopment in accordance with Part 1 of Art. 26 of the RF Housing Code are determined by acts of state authorities of the Russian Federation, and therefore, from March 1, 2005, acts of the constituent entities of the Russian Federation in this part lose their force. Previously, issues of reconstruction and redevelopment of residential premises were regulated by Art. 84 of the RSFSR Housing Code, according to which reconstruction, redevelopment of residential premises and ancillary premises could be carried out only in order to improve the improvement of the apartment and only with the consent of the tenant, adult members of his family and the landlord and with the permission of the executive committee of the local Council of People's Deputies. According to clause 1.6 of the Resolution of the State Construction Committee of the Russian Federation dated September 27, 2002 No. 170 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock,” the owners of the housing stock or their authorized representatives must promptly make changes to the executive documentation on the layout of premises, structural elements and engineering equipment that arise as a result of repairs, reconstruction, modernization, redevelopment and improvement of amenities with adjustment of the technical passport for houses, buildings and land. Subjects of the Russian Federation establish their own rules regarding the reconstruction and redevelopment of residential premises. In accordance with Art. 6 of the Moscow Law of September 29, 1999 No. 37 “On the procedure for the reconstruction of premises in residential buildings on the territory of the city of Moscow”, permits for the reconstruction of residential premises (except for cases referred to the jurisdiction of prefects of administrative districts) are issued by the heads of district administrations based on the conclusions of interdepartmental commissions districts. The validity period of a specific permit is established on the basis of the conclusion of such a commission. Permits for the reconstruction of non-residential premises in residential buildings, adaptation of residential premises transferred in accordance with the established procedure for use for non-residential purposes, as well as for complex cases of reconstruction of residential premises (combination of several apartments horizontally or vertically, etc.) are issued by prefects of administrative districts upon submission interdepartmental commissions of administrative districts. The validity period of the permit is established on the basis of the conclusion of the interdepartmental commission of the district. Complaints about decisions made at the level of districts and districts are considered by the City Interdepartmental Commission of the Moscow Government. Decisions of district administrations regarding the reconstruction of premises in residential buildings can be appealed in court. When renovating premises in residential buildings, measures and methods of their implementation that violate the requirements of construction, sanitary-hygienic and operational-technical regulatory documents in force for residential buildings are not allowed. Unauthorized measures that affect the architectural appearance of residential buildings (installation of balconies, canopies, bay windows, conversion of existing loggias and balconies into bay windows, installation of attic rooms, etc.) and subject to registration and implementation in the manner established for the reconstruction of residential buildings are not allowed. In addition, the following is not allowed: - refurbishment and redevelopment of premises leading to a violation of the strength or destruction of the building’s load-bearing structures, deterioration of the safety and appearance of the facades, disruption of fire safety devices, complicating access to utilities and shutdown devices; - redevelopment of apartments that worsens the operating and living conditions of all or individual residents of the house or apartment; - installation or reconstruction of partitions, if this results in a room without natural light or without heating devices; - redevelopment, which results in the formation of a room with an area of less than 9 square meters. m or width less than 2.25 m; — increasing the utility area of apartments at the expense of living space; refurbishment and redevelopment in the absence of the consent of all interested adult residents of the apartment and its owners; - re-equipment and redevelopment of premises registered with the headquarters for civil defense and emergency situations, without the permission of the chief of staff; - re-equipment and redevelopment of buildings intended for demolition in the next three years and included in the relevant decisions and orders, if such re-equipment is not necessary to ensure the safety of residence; - redevelopment of adjacent premises without first making amendments to the home ownership passport based on the decision of the interdepartmental commission. Restrictions on certain measures for the reconstruction of premises in residential buildings of standard series, due to their design features, are established by the Moscow Government. According to Part 2 of Art. 26 of the Moscow Law of March 11, 1998 No. b “Fundamentals of housing policy of the city of Moscow” re-equipment, reconstruction, redevelopment, transfer to non-residential stock, reconstruction of housing are carried out in the manner and under the conditions established by law. Thus, this Law separates concepts such as refurbishment, redevelopment and redevelopment. However, according to the Law of Moscow dated September 29, 1999 No. 37 “On the procedure for reorganizing premises in residential buildings on the territory of the city of Moscow,” the concept of “reconstruction” includes the redevelopment of premises, their refurbishment or rearrangement of equipment, construction (sealing) of openings in the walls , ceilings and partitions. Reconstruction of a premises means carrying out activities (work) related to changing the location or size of the premises, its composition and (or) functional purpose, as well as engineering equipment. In accordance with the order of the Mayor of Moscow dated April 11, 2000 No. 378-RM “On the regulation on a unified procedure for pre-design and design preparation of construction in the city of Moscow,” design documentation is a prerequisite for carrying out work on the redevelopment of premises. The documentation includes: 1) BTI technical passport; 2) explanatory note (except for residential buildings) on architectural, planning, structural, technological solutions, internal engineering equipment, environmental protection (if necessary), fire safety measures; 3) master plan M 1:500 (except for residential buildings); 4) summary plan of utility networks (if necessary); 5) floor plan M 1:100 (M 1:50) indicating: - partitions expected to be demolished; — installed partitions; — places where openings are made in internal walls. 6) floor plan M 1:100 (M 1:50) with re-equipment of internal utilities (if necessary); 7) floor plan M 1:100 (M 1:50) with placement of technological equipment (if necessary); construction master plan (when setting up a construction site); 9) drawings of components and parts; 10) technical report on the condition of the object; 11) working drawings for construction and installation work in accordance with state SPDS standards (if necessary). The basis for drawing up documentation is an application from the owner (or a person authorized by him), a user of the facility, or an order from authorities, control and supervision. For example, if an employer makes an application under a social tenancy agreement, he must submit a document confirming that the landlord has granted him such powers. Such authority can be expressed by giving consent to reconstruction or redevelopment. If the residential premises belong to co-owners on the basis of common shared ownership, then an application from all co-owners is required, or one of the co-owners has the right to act by proxy. The consent of the spouse, if the residential premises is common joint property and is registered in the name of the other spouse, is presumed. Their legal representatives act on behalf of minors, incompetent persons, or persons with limited legal capacity. Their bodies act on behalf of legal entities and public entities on the basis of constituent documents and powers of attorney. According to Art. 12 of the Moscow Law of September 29, 1999 No. 37 “On the procedure for the reconstruction of premises in residential buildings on the territory of the city of Moscow” control over compliance with the procedure for registration and reconstruction of premises in residential buildings is carried out by: - managers of residential buildings, - state housing inspection bodies , together with executive authorities, as well as district administrations. Residential building managers have the right and obligation to: - check the availability of established permits for the reconstruction of premises; — keep records of the duration of work (registration of their start and end dates); — monitor compliance with the agreed conditions for the removal of construction waste; - take measures that do not contradict the law to maintain normal living conditions and prevent damage to a residential building and its engineering equipment, if necessary, seeking assistance from state control authorities. Officials of executive authorities, as well as district administrations and the state housing inspection, within the limits of their powers, have the right and obligation to: - demand access to converted premises when conducting inspections, seek assistance from law enforcement agencies; — ensure consideration of appeals from citizens and legal entities in connection with the work being carried out (illegality of the activities being carried out or their non-compliance with the issued permits, violation of work schedules, causing damage to adjacent premises, structures and engineering systems of residential buildings); — issue binding orders to suspend (terminate) work carried out without permits, with deviations from project documentation or with the involvement of unlicensed performers, as well as apply economic and administrative measures to violators in accordance with the law; - inspect, with the consent of the owner of the premises, within the time period agreed upon with him and in the presence of his representative, the premises being rebuilt, notifying the tenant or tenant of the premises about the date of such inspection no later than a week before the date of inspection. If the owner of the premises has not agreed on an inspection date within a month, the authorized bodies of the city administration or local government have the right to apply to the court with a claim for a forced inspection of the premises, in respect of which there are reasonable grounds to believe that it has been rebuilt or is being rebuilt. As for liability, civil legislation on unauthorized construction applies to unauthorized reconstruction and redevelopment. According to Part 1 of Art. 222 of the Civil Code of the Russian Federation, an unauthorized construction is a residential building, other building, structure or other real estate created on a land plot that is not allocated for these purposes in the manner established by law and other legal acts, or created without obtaining the necessary permits or with a significant violation urban planning and building codes and regulations. A person who has carried out an unauthorized construction does not acquire ownership rights to it and does not have the right to dispose of the construction - sell, donate, lease, or make other transactions. The right of ownership of an unauthorized structure cannot be recognized for these persons if the preservation of the structure violates the rights and legally protected interests of other persons or creates a threat to the life and health of citizens. An unauthorized construction is subject to demolition by the person who carried it out or at his expense, with one exception. According to Part 3 of Art. 222 of the Civil Code of the Russian Federation, the right of ownership of an unauthorized structure may be recognized by the court for a person who has carried out construction on a land plot that does not belong to him, provided that this plot will be provided to this person in the prescribed manner for the erected structure. In addition to demolition, a more lenient punishment is provided - a fine. According to Art. 7.21 Code of Administrative Offenses of the Russian Federation dated December 30, 2001 No. 195-FZ damage to residential buildings, residential premises, their equipment, unauthorized conversion of residential buildings and (or) residential premises or their use for other purposes shall entail a warning or the imposition of an administrative fine on citizens in the amount of ten to fifteen minimum wages. Unauthorized redevelopment of residential premises in apartment buildings entails the imposition of an administrative fine on citizens in the amount of 20 to 25 minimum wages.

Reasons for reconstruction or redevelopment

What are the grounds for reconstruction/redevelopment of residential premises? These activities should be carried out in accordance with legal requirements with mandatory approval from the relevant local authorities. The basis for re-equipment is a decision taken by these authorities.

In addition, to carry out conversion activities, the owner or his representative submits a list of documents to the body that issues the permit, including:

application in a strictly defined form;
documentation of a title nature for residential premises (this can be both originals and copies certified by a notary);
re-equipment project, which is prepared and executed in accordance with the procedure established at the legislative level;
technical passport of the premises that are planned to be rebuilt;
consent in writing from each family member of the tenant occupying the relevant premises on the basis of a social tenancy agreement;
a conclusion issued by an institution for the protection of architectural and historical monuments and cultural objects on the possibility of holding planned events if the premises are located in a house that is one of the architectural or historical monuments or is a cultural property.

The above reasons are exhaustive and no other documentation may be requested by the permitting authority for the conversion.

Rearrangement and redevelopment are considered to be unauthorized if they were carried out without a basis, which is provided for in Art. 26 of the Housing Code of the Russian Federation, as well as if deviations were made from the project that was submitted for re-equipment.

Legal norms

The main regulatory document that regulates issues such as reconstruction (redevelopment) of residential premises is the Housing Code. It is based on the following basic postulates:

ensuring decent living conditions for citizens, an adequate level of security, as well as the inviolability of property rights;
ensuring unconditional compliance with housing legislation;
equality of all participants in housing relations that are related to property, disposal, as well as other categories;
restoration of housing rights that were violated by third parties;
ensuring the safety of housing stock;
control over the intended use of premises.

Every responsible owner of a residential property, before embarking on redevelopment, must read this document to determine the need to obtain permission for certain types of work.

Acceptable reconstruction measures

In accordance with the Resolution of the State Construction Committee of the Russian Federation No. 170 dated September 27, 2003, which approved the Rules and Standards for the Technical Operation of the Housing Stock, reconstruction means:

changing the location of gas and sanitary heating elements;
replacing kitchen fireplaces or gas stoves with household electric stoves;
arrangement of new bathrooms or reconstruction of existing ones;
laying new or replacing existing pipelines, electrical networks and equipment for the installation of shower stalls, washing machines with increased power, and other units, both plumbing and household, that belong to the latest generation of equipment.

How to legitimize through court

It is possible to legitimize the redevelopment that has already been made through administrative and judicial procedures.

First, you need to apply to the local administration with a request to recognize the changes as legal. In case of refusal, you should file a claim in court.

The statement of claim is drawn up in accordance with the current rules, otherwise it will not be accepted for consideration.

The following documentation must be attached to the claim:

certificate of ownership of housing (copy and original);
old and new technical passports for the apartment (to be ordered from the BTI);
plans of apartments located on the floor above and below (can be obtained from the BTI);
notarized power of attorney to conduct business, issued in the name of the lawyer.

To confirm the compliance of the work performed with current construction and sanitary standards, it is necessary to submit a petition to the court asking for a construction and technical examination.

How to arrange redevelopment of an apartment after renovation? How much does it cost to coordinate the redevelopment of an apartment? Find out here.

How to legalize the redevelopment done in the apartment? Read on.

Responsibility for illegal redevelopment

Reconstruction and redevelopment of residential premises for which permission has not been obtained is generally considered illegal. Responsibility for such actions is determined by Art. 7.21 of the Code of the Russian Federation on Administrative Offenses, which concerns unauthorized refurbishment or redevelopment of such premises. This article provides for administrative liability for damage to the premises, which may consist of both direct damage and damage to the equipment located in it. What is meant by damage? This is bringing a living space to a condition that makes it unsuitable for people to live in. Damage to equipment means rendering water and gas supply systems, heating systems, etc. unusable.

There is an article of the Code of Administrative Offenses of the Russian Federation (Article 19.1), according to which actions can be qualified as arbitrariness. Also Art. 7.22 provides for liability for reconstruction that was carried out without the owner’s approval, if this significantly changes the operating conditions of the residential premises.

The authorized body that examines the commission of such offenses is the Housing Inspectorate. Consideration of the submitted complaint and taking action on it occurs within a month.

Acceptable redevelopment measures

To carry out the redevelopment, the following activities are carried out:

dismantling or moving partitions;
consolidation or, conversely, disaggregation of premises with a large number of rooms (their combination or delimitation);
construction of new or relocation of existing doorways;
arrangement of additional bathrooms and kitchens;
dismantling utility rooms, for example, storage rooms or dressing rooms, to increase living space;
elimination of dark kitchens and passages through them through living spaces;
re-equipment of vestibules available in the premises.

Redevelopment is not allowed:

if there is a deterioration in the living conditions of people and the operation of the house itself, including if access to utilities and any disconnecting devices is limited;
in a house registered with the headquarters for civil defense and emergency situations;
in residential premises that are declared unsuitable for living;
if as a result natural ventilation channels are completely eliminated or reduced;
if the load on the supporting structures increases.

conclusions

The most common action performed by the owners of houses and apartments is repairs. Reconstruction and redevelopment change the technical and operational parameters of the home, so all changes must be made in the registration certificate for the property.
The reconstruction does not in any way affect the technical parameters specified in the technical passport, therefore the changes made do not imply the receipt of a new document. Reconstruction work is aimed at increasing the strength of the structure and improving its appearance.
Carrying out redevelopment involves submitting a corresponding application with a package of documentation attached to it to the authorized bodies. The decision is issued within 45 working days, it can be positive or negative.
A refusal may be obtained if, as a result of the work, living conditions in neighboring apartments worsen and access to communications is limited. And also in case of expansion of utility rooms, violation of the integrity of load-bearing structures or in case of excessive load on the floors.

Technical passport of residential premises

A technical passport of a residential premises is a document that contains all the technical data of the premises. The technical passport is drawn up during the initial inventory, which is carried out when a new house is put into operation. It is not the developer, but the owner of the residential premises, who is responsible for the preparation of the document.

The data sheet contains the following information:

floor plan of the living space;
inventory value of the premises;
what materials are the walls made of?
main characteristics of floors and foundations;
when was the housing built;
how many rooms are there;
its footage, etc.

A registration certificate for residential premises is required when making transactions for the alienation of premises, to coordinate reconstruction or redevelopment, to allocate a share in kind in shared ownership, and also to establish the amount of tax on residential premises. In addition, the technical passport of the premises will also be needed when registering an inheritance.

Why is it important to legalize redevelopment

If permission to redevelop the apartment has not been obtained, this fact will be revealed during any transactions with it, for example, the owner will want to donate it or sell it. When re-registration of property rights occurs, the owner, among others, must provide 2 documents:

technical certificate of the premises;
a certificate issued by the BTI, which shows the floor plan: size of rooms, ceiling height, placement of walls.

In this case, it will become obvious that the data in the technical passport does not coincide with the actual data. The redevelopment can be legitimized only in court if it does not threaten the safety of the house as a whole.

If the redevelopment poses a threat to the safety of the entire structure, the owner will be required to pay a fine and will be offered to return everything to its original state. If the requirements are not met, the court may make one of two decisions:

if we are talking about the owner of the premises, it will be sold at public auction, and the owner will be paid the amount received minus legal costs;
if the redevelopment is carried out by the tenant, the contract with him will be terminated. The owner will be required to restore the premises to their original condition.

Thus, illegal redevelopment or reconstruction of residential premises can have the most unpleasant consequences for the owner, and therefore it is better to carry out these activities after obtaining permits.

Author of the article

The procedure for coordinating procedures in an apartment building

Despite the differences between these two types of changes to a residential premises, in both cases the owner must obtain appropriate permission .
Moreover, this must be done before repair work begins. Every apartment owner should remember that carrying out redevelopment or reconstruction without permission from the regulatory authority may in the future be recognized as an unauthorized action. In this case, the violator will have to pay a fine and return the apartment to its previous condition. The procedure for approving redevelopment and reconstruction is described in Art. 26 Housing Code of the Russian Federation.

This procedure includes the following steps:

Preparation of the application and collection of necessary documents.
Submitting a complete package of papers to the territorial office of the State Housing Inspectorate and receiving a receipt for acceptance of documents.
Waiting for the completion of the approval procedure for planned changes.
Obtaining a document confirming the approval of the apartment redevelopment project.
Carrying out necessary repairs.
Completion of the procedure (at this stage, the acceptance committee checks the compliance of the actual changes made with the project that was originally submitted).

Where to go for this?

According to paragraph 1 of Art. 26 of the Housing Code of the Russian Federation, in order to approve the redevelopment (reconstruction) of a residential premises, the applicant must send a package of documents to the local government body .
In this case we are talking about the territorial branch of the State Housing Inspectorate. It is this body that is authorized to resolve such issues. Reference! To save time, you can submit papers for approval through any MFC located nearby.

Required documents

To approve the redevelopment (reconstruction) of an apartment, you will need to collect a wide range of documents, which includes (clause 2 of article 26 of the Housing Code of the Russian Federation):

application for approval of the changes being made;
title papers for the apartment (extract from the Unified State Register or an earlier issued certificate of ownership);
project for future changes to the residential premises (reconstruction/redevelopment);
registration certificate for the apartment;
consent to implement certain changes received from all family members of the tenant of the premises (if there is a social tenancy agreement);
conclusion of the Ministry of Culture of the Russian Federation (if the housing in which the indicated changes must be carried out relates to objects of cultural and historical heritage).

How to make an application?

Decree of the Government of the Russian Federation dated April 28, 2005 No. 266 approved the official application form, which should be used when agreeing on the redevelopment (reconstruction) of an apartment. When drawing up such a document, the following general requirements must be taken into account:

printed on several A4 sheets;
information is entered by hand in the empty fields specially designed for this;
all data must be reliable and free of errors;
it is necessary to have the necessary signatures (of the applicant and persons, if their consent is required to carry out such changes in the arrangement of the apartment);
The application also contains a complete list of applications.

Decision on approval or refusal

Based on the results of reviewing the submitted documents, employees of the State Housing Inspectorate may make one of the following decisions :

On approval of future changes in a specific premises - in this case, the applicant is sent written permission to carry out redevelopment or reconstruction.
Refusal to implement planned changes is also formalized in the form of a written document, which must indicate the reasons for the refusal with reference to the relevant legislative norm (Article 27 of the Housing Code of the Russian Federation).

In Art. 27 lists several reasons why an apartment owner may be denied approval. This includes: submission of an incomplete package of documents, sending papers to the wrong body, or non-compliance of the submitted project with the requirements and restrictions that are enshrined at the legislative level.

Reason for carrying out

The basis for the implementation of a redevelopment (reconstruction) project for residential premises is a document confirming the successful completion of the approval procedure (clause 5 of Article 26 of the Housing Code of the Russian Federation).
Employees of the State Housing Inspectorate send it to the applicant before the expiration of 3 days from the date of the decision. The form of this paper is also approved by Decree of the Government of the Russian Federation No. 266. After receiving such a document, the owner can begin carrying out the planned repair work.

Completion of refurbishment or reconfiguration of the apartment

The final stage of reconstruction and redevelopment of the apartment is a visit to the site by the acceptance committee. The main purpose of this procedure is to check whether the implemented changes correspond to the project that was originally submitted for approval.

To carry out such a procedure, a commission consisting of employees of the regulatory body comes to the owner at the appointed time. They are checking the premises. If everything is in order, then the redevelopment (rearrangement) is completed, which is confirmed by a special document - an act of the acceptance committee (clause 1 of article 28 of the Housing Code of the Russian Federation). Subsequently, this document is sent by employees of the State Housing Inspectorate to the rights registration authority.

Timing and cost

By law, the entire approval procedure can take up to 45 days. This period is prescribed in paragraph 4 of Art. 26 Housing Code of the Russian Federation.

This service appears to be free of charge. However, the applicant will incur certain expenses at the stage of collecting documents (paying a state fee when ordering an extract from the Unified State Register, paying for the services of the organization involved in drawing up the project, etc.).

Thus, redevelopment and reconstruction of premises are two different concepts that differ from each other. However, in both cases the applicant must first obtain permission to carry out such procedures. In this case, the approval procedure is the same.