Competently drawing up an application for redevelopment of a residential premises and the nuances of its registration

What is apartment redevelopment?

Each apartment has a technical passport, which provides a complete description of the technical and operational characteristics. Changes to this list are considered redevelopment.

The purpose of redevelopment can be:

• increase in living space;
• changes in utility systems;
• transformation of architectural features.

To carry out such work, permission from local organizations responsible for the safety of living and the type of urban development is required.

The Housing Code specifies changes in housing that require documented agreements:

1. Changing the interior configuration and increasing the living space due to: moving and demolishing interior walls;
2. doors;
3. windows;
4. joining a residential area, combining a non-residential area.

Do not require permits:

• replacement of plumbing equipment;
• installation of additional doors;
• entrance partitions.

When carrying out redevelopment, the interests of all residents of the apartment, neighbors on the riser and floor must be taken into account.

Why do you need permission to redevelop an apartment?

All changes made to the apartment during reconstruction or repair, if they are included in the list of housing complex objects of the Russian Federation, must be reflected in the technical passport for the housing.

They are recorded by the inspector, who compares them with the approved project or sketch. If the specialist has no comments, then he draws up an acceptance certificate, the fundamental document for making corrections to the technical passport. Based on the updated information, a new technical plan is drawn up, the data of which is entered into the Rosreestr real estate database. The project is carried out by housing inspection specialists at the request of the owner. They are first required to give an opinion on the possibility of redevelopment in the form desired by the owner of the apartment.

For example, if it is assumed:

• install windows/doors in a load-bearing wall;
• internal staircase;
• swap auxiliary rooms.

The sketch is carried out if it is planned:

• installation of plumbing fixtures in a new location (for example, a shower instead of a bath);
• dismantling of non-load-bearing partitions;
• replacement of the heating system.

A new building can be redeveloped after receiving a certificate of ownership.

Unauthorized reconstruction or re-equipment without permits means penalties and restoration of the layout and arrangement at your own expense.

If the illegal redevelopment was carried out by the tenant of the residential premises, then he is obliged to pay a fine and compensate for the costs of restoration. After which the rental contract with him is terminated.

Apartments in which renovations have been made that are not included in the registration certificate cannot be put up for sale, bequeathed, or donated.

How to obtain permission to redevelop an apartment in 2021?

In order to take these actions, you should first contact the relevant institutions. It is recommended to begin registration by submitting an application to the technical inventory bureau. It is worth remembering that unauthorized intervention in the structure can lead to subsequent destruction of the building.

Redesigning an apartment should begin with the consent of neighbors, the district administration and the BTI. The consent of neighbors for redevelopment of an apartment will be needed if their interests are affected.

How to obtain consent for redevelopment - stages of the procedure:

• Ordering a project for real estate redevelopment;
• Submitting an appropriate application requesting reorganization;
• Delivery of the documentation package.

Permission to redevelop an apartment - sample application

Obtaining consent for the reconstruction of an apartment should begin by submitting an application to the competent institution. The main purpose of this application is an official appeal from a citizen to an official or municipal body with a request for permission to reconstruct the premises.

The procedure for completing this form must strictly comply with Appendix 1 of the Russian Federation “Administrative Regulations on the Provision of State. services. No. 508 as amended by No. 840.” In case of non-compliance with the regulations, the application and documents for approval for redevelopment will not be accepted.

Mandatory items that the form must contain:

• Full name of the property owner;
• Passport details, residential address and current telephone number of the owner of the premises;
• Apartment address;
• Power of attorney, if acted through appropriate representatives.

You can draw up this document either independently or with the help of highly qualified lawyers. Before drawing up the document, it is recommended that you familiarize yourself with the sample application, which can be downloaded from the following link. Most of the refusals to approve apartment redevelopment were due to incorrect execution of the application.

List of required documents for permission to redevelop an apartment

The next stage, which will allow you to obtain approval for redevelopment of the apartment, is collecting the necessary documentation package.

The list of required documents is as follows:

• Technical passport of real estate, which can be obtained from the regional technical inventory bureau;
• Conclusion of technical content about the possibility/impossibility of carrying out the planned redevelopment;
• Architectural drawing for reconstruction;
• Approval of the restructuring from the Main Directorate of the Ministry of Emergency Situations, Rospotrebnadzor;
• EJC certificate, which can be obtained from the EIRC;
• Written confirmation of approval of redevelopment from each family member registered in the apartment;
• Official data confirming ownership.

Instructions for submitting an application to the MFC and BTI

In the MFC, redevelopment of an apartment begins with contacting the technical inventory bureau with a statement of desire to make changes to the layout of the apartment. Copies of documents for housing are attached to the application.

After the application, the BTI inspector must inspect the apartment and draw up a report on its condition. The project/sketch is made in 2 copies.

Attached is a package of documents:

• conclusion on the possibility of changing the arrangement of the apartment;
• acts on carrying out hidden work;
• agreement on acceptance of completed work.

Additionally, permission from the management company in the form of a stamp on the project or a certificate may be required.

With ready-made documents, you can contact the MFC at your place of residence.

How to properly fill out an application for redevelopment of an apartment?

The application must contain the following details:

• date of receipt;
• application registration number;
• number and date of issue of the official’s receipt of the attached documents;
• a note on receipt of the receipt, certified by the applicant’s signature, indicating the date;
• the person who accepted the application indicating the position and signature.

The signatures of family members are placed in the presence of the person accepting the application. In cases where this is not possible, a notarized written consent is attached to the application.

You can significantly shorten the procedure for issuing a permit if you use one of the standard redevelopment projects developed and recommended by the design organization of your residential building.

If all requirements for writing an application are met, then within 20-35 days the applicant receives permission for redevelopment for a period of one year with the right of monthly extension.

An application for redevelopment is submitted to the MFC serving the administration of the municipality.

They are required to register it free of charge and, within one and a half months, issue a conclusion with permission or refusal to make changes to the design of the home.

The current legislation significantly reduces the list of documents submitted along with it, and also makes its procedure more transparent.

Required package of documents

List of documents for redevelopment of an apartment through the MFC in addition to those received at the BTI:

• application for approval;
• registration certificate for the apartment for up to 5 years;
• certificate of ownership;
• consent of all property owners, regardless of age, to redevelopment with notarization;
• consent of all residents of the apartment under a social tenancy agreement;
• decision of a meeting of residents if the redevelopment affects common property.

When accepting documents, the MFC specialist will issue a receipt for their receipt. If the ownership of housing was registered in the Unified State Register of Real Estate, then title documents are not required. They will be requested by the district/city administration when considering the application.

How to legalize the redevelopment of an apartment

Reconstruction or redevelopment of premises in an apartment building is carried out in agreement with the local government, as noted in Rosreestr. Before starting work, the owner of the premises must contact the municipality or MFC with an application and, if necessary, a set of documents. If the property is not registered in the Unified State Register of Real Estate (USRN), it is necessary to submit the original documents confirming the rights to the apartment, as well as their notarized copy.

If, after redevelopment, part of the common property of the house (the same “vestibule”) is added to the premises, then you need to submit a redevelopment project with the minutes of the general meeting of the owners of the premises in the house on their consent. Anyone living under a social tenancy agreement (in a non-privatized apartment) must provide written consent from all members of the tenant’s family, including those temporarily absent. You will need a conclusion from the monument protection authority (if the house is considered an architectural, historical or cultural monument), as well as a registration certificate for the premises, but the municipality can request them independently.

If local authorities have approved the redevelopment, you can begin repair work. The completion of the redevelopment is confirmed by an act of the acceptance committee, which must be sent by the municipality to Rosreestr. Then the owner must submit to Rosreestr or the MFC an application and a technical plan prepared on the basis of the redevelopment project and the acceptance committee’s act. A technical plan, which indicates changes in the characteristics of the apartment (for example, its area), is prepared by a cadastral engineer, with whom the owner must enter into a contract agreement.

Rosreestr recommends checking information about a cadastral engineer before concluding an agreement with him - through the register of self-regulatory organizations of cadastral engineers on the department’s website. In the register you can find out about the cadastral engineer’s membership in the self-regulatory organization of cadastral engineers (thereby checking his right to carry out cadastral activities) and about the results of his professional activities - the number of documents he has prepared and decisions on refusals based on these documents. “This will help you choose a reliable and trusted specialist,” the department emphasizes.

Finally, Rosreestr issues the owner of the apartment an extract from the Unified State Register of Real Estate with new characteristics of the premises, as well as graphic information about it (information about various elements of the premises - for example, walls, partitions, windows and doors, stairs, balconies, internal wall projections).

Sample application

For reference! The application form has an approved template that must be followed when filling out.

On the right side it is indicated:

1. Name of the organization approving the redevelopment.
2. Information about the applicant:

• FULL NAME;
• passport series and number;
• residence.

Contents of the document: Application for reconstruction and (or) redevelopment of residential premises.

The first line indicates the address of the property.

In the second - an application for permission to redevelop/reconstruction or redevelopment and reconstruction of the occupied apartment on the basis of (select the required section): a social tenancy agreement from...(chmg)/ownership/lease agreement; according to the presented project.

In the third and fourth lines, the applicant indicates when he will begin and complete the repair work (month, year), and on what days and hours they will be carried out.

The following paragraph is the obligations assumed:

• carrying out redevelopment according to the project;
• within the specified deadlines and working hours;
• admission of controlling persons.

In the conclusion, a reference is made to the consent of family members and owners for redevelopment and re-equipment and a list of attached documents is indicated.

Signature, with full transcript. Date and year.

Application for reconstruction and (or) redevelopment of residential premises

district of the city of Novosibirsk

STATEMENT

on reconstruction and (or) redevelopment of residential premises

FROM Ivanov Ivan Ivanovich_____________________________________________

(indicate the tenant, or the tenant, or the owner of the residential premises or the owners of the residential premises

____5007 489153 issued on January 27, 2005 by the Leninsky District Internal Affairs Directorate______________

premises in common ownership of two or more persons, if none of the owners

__G. Novosibirsk, Novosibirsk, Kotovsky building 42, apt. 18________

or other persons are not authorized to represent their interests in the prescribed manner.) for individuals

__Petrov Petrovich_____________________________________________

indicate: last name, first name, patronymic, details of the identity document (series, number, by whom

___5003 657809 issued on March 18, 2003 by the Leninsky District Internal Affairs Directorate_________

and when issued), place of residence, telephone number; for a representative of an individual the following is indicated:

__G. Novosibirsk, Novosibirsk, Kotovsky building 42, apt. 25_______

surname, name, patronymic of the representative, details of the power of attorney which are attached to the application;

__________________________________________________________________________________________________

for legal entities indicate: name, legal form, location address,

__________________________________________________________________________________________________

telephone number, last name, first name, patronymic of the person authorized to represent the interests of the legal entity,

__________________________________________________________________________________________________

indicating the details of the document certifying these powers and attached to the application)

Location of residential premises:

______Novosibirsk region, Novosibirsk city______________________

The full address is indicated: subject of the Russian Federation, municipal entity,

__st. Shirokaya, house 29, apt. 49__________________________________________

street, house, building, building, apartment (room)

Owner(s) of residential premises: ____Ivanov Ivan Ivanovich______

_____Petrov Petr Petrovich_____________________________________________

________________________________________________________________

Please allow ____________Redevelopment, reconstruction________

(reconstruction, redevelopment, refurbishment and redevelopment - please indicate what is required)

residential premises occupied on the basis of a Certificate of Registration of Ownership

(property rights, rental agreements, lease agreements)

in accordance with the attached project (project documentation) for the reconstruction and (or) redevelopment of the residential premises.

The period for carrying out repair and construction work is from 17 __06___ 2014 to 17 10 2014.

The mode of repair and construction work is from 10:00 to 19:00. in weekdays. (working days, weekends, daily)

I undertake:

carry out repair and construction work in accordance with the project (design documentation);

ensure free access to the site of repair and construction work for officials of the local government body of the municipality or a body authorized by it to check the progress of work;

carry out work on time and in compliance with the agreed work schedule.

Consent for reconstruction and (or) redevelopment was obtained from adult family members living together.

Features of an application for redevelopment through the State Services website

How can I arrange for the redevelopment of an apartment through State Services? Accessing the State Services website has its own specifics.

Register on the site

On the Internet resource, you need to obtain registration in your region and go to the desired section: “Apartment, construction and land.” In the subheading “All services” a web page “Popular services” will appear, on which “Coordination of reconstruction and redevelopment” is located.

Provide property documents

Having chosen, you need to familiarize yourself with the list of documents and prepare their scans. On the web resource “Approval...” there is a sign “Get a service”. An application form will appear on the display, which must be filled out, as well as enter data on the ownership of the property.

Decide on a project

Important! Project documentation must be available, drawn up in the same manner as when applying to the MFC.

A scanned copy, along with scans of the notarized consent of family members, passport and other necessary documents, is sent to its intended destination.

The applicant will receive a notification about being placed in the queue for dispatch. After sending - a message about registration on the State Services portal. The period for consideration and decision-making in this case is 45 days.

Where to address?

The application is filled out at the place of submission on a standard form approved by Decree No. 266 of the Government of the Russian Federation on April 28, 2005.
The method of filling out the application for reconstruction and redevelopment of residential premises does not matter .

The addressee of the application is the local branch of the State Housing Inspectorate of the municipal authority in the city or district administration.

It contains the required information:

• applicant details;
• apartment address - in detail, down to the floor on which it is located;
• indication of the owner of the apartment;
• request for permission to carry out changes - reconstruction and (or) redevelopment;
• the basis on which the applicant owns the premises;
• timing and daily work schedule;
• obligations for timely completion of redevelopment in accordance with the approved project;
• guarantee of free access for regulatory authorities of the administration;
• signatures of adult family members with a transcript and indication of identity documents;
• a list of attached documents indicating the number of sheets for each of them;
• signatures of the applicants with transcript and date.

You can learn about liability for illegal redevelopment of an apartment, as well as the difficulties of buying and selling apartments with redevelopment done in our articles.

For what reasons might you be refused?

The applicant may receive a refusal to redevelop if there are deficiencies in the submitted documents:

• the design documentation was drawn up in an organization that does not have a license for this;
• one of the submitted documents is invalid due to expiration (for example, a registration certificate);
• incomplete equipment (for example, lack of notarized consent of the remaining owners);
• the statement was written incorrectly.

The reason for rejecting the application may be the conclusion of the Ministry of Emergency Situations or the SES on violation of fire and sanitary safety standards. It is prohibited to carry out redevelopment in a dilapidated building or for demolition, or to make architectural changes to the facade of historical and cultural monuments.

Important! The refusal can be appealed in court. To do this, it must be issued to the applicant in writing.