How to legalize redevelopment in Moscow in 2021

Legalizing redevelopment means confirming that the work performed complies with legal standards and safety requirements. This is more difficult to do than agreeing on redevelopment before it begins. The owner needs to obtain a technical safety report, draw up an acceptance certificate, and submit documents to the housing inspectorate. If a refusal is issued, you will have to eliminate the violations and perform additional work, or go to court.

Get an estimate of the cost of this service using our price calculator - here

In this article we will tell you when it is necessary to legalize redevelopment, how to do this in Moscow, what documents the owner will need, and what to do if approvals are refused.

What does it mean to legalize redevelopment

Redevelopment is a certain list of works in residential or non-residential premises, after which the characteristics and configuration of the object change. The law obliges to begin such work only after receiving the project and its approval by the housing inspectorate. In the capital, approvals for work in non-residential and residential premises of apartment buildings are issued by the Moscow Housing Inspectorate (MZHI). If the work is carried out in a non-residential building, the customer only needs to formalize the project and ensure safety during the redevelopment itself.

It is better to do redevelopment after receiving approval from the Ministry of Housing. It will be more difficult to legitimize completed work.

Legalization is a special form of approval of work that is actually completed by the owner. Here are some important points related to this procedure:

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• by not coordinating the redevelopment before starting work, you will violate the norms of the Housing Code of the Russian Federation and regional legislation, but through legalization this violation can be eliminated;
• a positive decision upon legalization will be made if it is confirmed that the work performed complies with safety requirements, did not lead to a deterioration in the characteristics of the premises, or did not lead to a decrease in the strength and reliability of structures;
• Without legalizing the work performed, you risk receiving a fine, an order to eliminate violations, or to bring the object to its original condition.

For what reason does the owner begin redevelopment without prior approval? Most often this is due to an incorrect definition of the nature of the work. For example, in Resolution No. 508-PP (), the capital authorities approved a list of works that fall under redevelopment. Having incorrectly assessed this list, the owner may decide that approval for his work is not necessary. The reason could also be an attempt to save money and time on ordering a project and getting approvals, or a deliberate and gross disregard for the rules of law.

Expert commentary. Even if your uncoordinated redevelopment was not identified by supervisory and control authorities, residents of neighboring apartments can file a corresponding complaint. The fact that the layout does not comply with the information of the Unified State Register will certainly be revealed during the purchase and sale, which entails a refusal to register the agreement and transfer of rights. We should not forget about the increased threats that may arise after uncoordinated redevelopment. Since the work was carried out without a design, the load-bearing capacity of the structures may be affected. This is fraught with damage and destruction of structures and a threat to human life.

Request (for obtaining a decision on the approval of reconstruction and (or) redevelopment of premises in an apartment building) (working document, 1 piece)

• Required
• Available without return

is filled out by entering the relevant information into the interactive form on the Portal
A document confirming the authority of the applicant’s representative, in the event of an application from the applicant’s representative specified in paragraph 2.4.2 of these Regulations (for individuals - a notarized power of attorney) (working document, 1 pc.)

• Required
• Available without return

free form
A document confirming the authority of a person to act on behalf of the applicant or a representative of the applicant, who is a legal entity, with the exception of applying for the provision of a public service of a person who has the right to act without a power of attorney on behalf of the legal entity (in the case of applying for the provision of a public service of a person on behalf of the applicant, being a legal entity) (working document, 1 piece)

• Required
• Available without return

SF
Title documents for refurbished and (or) re-planned premises in an apartment building (working document, 1 piece)

• Optional
• Available without return

extract from the Unified State Register of Real Estate, certificate of ownership
; Registration and technical documentation for the premises (working document, 1 piece)

• Optional
• Available without return

Sample

47kb, doc

The composition and content of accounting and technical documentation are determined in accordance with the Requirements for accounting and technical documentation for premises in apartment buildings and residential buildings, approved by Decree of the Moscow Government dated October 25, 2011 No. 508-PP

Consent in writing of all members of the tenant's family (including temporarily absent family members of the tenant) occupying the rebuilt and (or) redesigned residential premises on the basis of a social tenancy agreement, or all owners of the premises, if the premises are owned by the applicant (working document, 1 PC.)

• Required
• Available without return

consent of all owners (tenants)
Project for reconstruction and (or) redevelopment of premises in an apartment building (working document, 1 piece)

• Required
• Available without return

2.5.1.1.1.7.
A project for the reconstruction and (or) redevelopment of premises in an apartment building, prepared and executed in the prescribed manner, developed by an organization that is a member of a self-regulatory organization Documents confirming the right to use and (or) own the premises (working document, 1 piece)

• Required
• Available without return

Presented when carrying out work in new buildings, in the absence of registered rights to the premises (if the object was built at the expense of the budget of the city of Moscow or a housing cooperative, housing construction cooperative or other consumer cooperative) (original and copy).
Minutes of the general meeting of owners of premises in an apartment building (working document, 1 piece)

• Optional
• Available without return

sf
Agreement for participation in shared construction (working document, 1 piece)

• Required
• Available without return

It is presented when carrying out work in new buildings, in the absence of registered rights to the premises (if the object was built under an agreement for participation in shared construction) (original and copy, or a copy certified by a notary).
The contract must contain the developer's consent to redevelop the premises. Agreement on the assignment of rights under the agreement for participation in shared construction (if there was an assignment of rights under the agreement) (working document, 1 piece)

• Required
• Available without return

It is presented when carrying out work in new buildings, in the absence of registered rights to the premises (if the object was built under an agreement for participation in shared construction) (original and copy, or a copy certified by a notary).
Certificate of acceptance and transfer of real estate (working document, 1 pc.)

• Required
• Available without return

It is presented when carrying out work in new buildings, in the absence of registered rights to the premises (if the object was built under an agreement for participation in shared construction) (original and copy, or a copy certified by a notary).

When can and cannot be legitimized?

You can count on a positive decision if the requirements of the Housing Code of the Russian Federation, Resolution No. 508-PP, and other regulations were met during the redevelopment. Refusal to legitimize may occur for the following reasons:

• if the applicant submits an incomplete set of documents required for legalization;
• if documents and inspection of the premises reveal damage to load-bearing and other structures;
• if the actions of the owner violate the interests of other residents of the house or owners of a non-residential building.

An additional reason for refusal may be the lack of consent from the owners of the apartment building, if the work performed was carried out with an impact on common property. It is impossible to force the owners of apartment buildings to give such consent, so we will have to negotiate. If, despite all the measures taken, the general meeting issues a refusal, it will be impossible to challenge it.

All redevelopment work must be done taking into account Resolution No. 508-PP. There are prohibitions and restrictions related to the safety of structures.

How to legalize redevelopment in Moscow: algorithm of actions

Resolution No. 508-PP describes only the procedure for approving redevelopment before it begins. Therefore, for the purposes of legitimation, this normative act can only be applied by analogy. Below we will talk about the main stages of legalization. You also need to consider the following points:

• you will need to confirm that all rights holders of the premises agree with the redevelopment performed (for this you need to obtain written consent);
• if the work was carried out on common property, you need to hold a general meeting in the apartment building and draw up a protocol with permission;
• If during the work you yourself see a violation of construction and other safety standards, they must be eliminated before submitting documents to the Moscow Housing Institute.

In addition to checking documents, the housing inspectorate can conduct an inspection of the apartment where the redevelopment was carried out. If you refuse to allow inspectors to inspect, you will most likely be issued a warrant. Also, to check violations, access to an apartment or non-residential premises may be provided by court decision.

How long can redevelopment last in accordance with the permitting document?

If you do not submit all the required documentation within the established time frame (1 year after receiving the permit), the legalization process will have to start from scratch. Such a delay has bad consequences, since the duration of the redevelopment project is also often limited to 1 year. Therefore, it is necessary to extend it, and, accordingly, additionally pay for such a service to the design organization.

By the way, before, before 2011, this period was calculated as only 4 months, and few people coped with the repairs in such a short period. At the moment it is long - 12 months, but the owners still manage to complete the redevelopment within a year.

How to extend the redevelopment

To avoid unnecessary costs, it is worth notifying the housing inspectorate that the repairs are completed. If this is not the case, and you need more time to complete it, you can extend the validity period of the redevelopment permit by sending a written notice to the housing inspectorate.

If you need to extend the period by more than a month, you will have to contact this authority again and notify it. The number of requests is not limited in any way, but there is an obvious inconvenience, since you have to personally visit the housing inspector. However, a trusted person can also do this for the owner.

What to do if your request for legalization of redevelopment is refused

It is necessary to realistically assess the prospects for legalizing the redevelopment even before applying to the Ministry of Housing and other authorities. If you see in advance that gross violations were committed during the work, it is better to eliminate them before passing the inspections. For this purpose, you can order a preliminary examination, which will be carried out by our experts. Based on its results, we will give recommendations on how to eliminate violations and help with paperwork.

Carrying out additional work and eliminating violations

Violations made during redevelopment can be eliminated with additional work. For example, if the violation involved the dismantling of part of the supporting structure, it will have to be restored or special measures must be used to strengthen the remaining part and connections. To carry out such work, you need to order a project. Our company provides such services after a preliminary inspection of the property in order to determine the exact list of violations and required work.

When the work is completed, you can apply to the main stage of legalization. Accordingly, the set of documents will include a project and a work acceptance certificate. Based on them, MZHI will check that the owner himself has eliminated the violations.

To compensate for the deterioration in the load-bearing capacity of structures, reinforcements can be made.

Appeal in court

Officials may refuse to legitimize not only if there are obvious and gross violations of the redevelopment, but also if controversial issues arise. Typically, such a decision is reinsurance when the official does not want to accept responsibility. Therefore, the applicant has the right to appeal the refusal in court by filing an administrative claim. Such issues are considered by the Moscow City Court, and the defendant or a third party is involved by the MJI.

To achieve a positive court decision, you can order a report from a cadastral engineer. It will confirm the compliance of the work with all safety standards. Smart Way LLC specialists can not only prepare an opinion, but also represent your interests in litigation. This will significantly increase the chances of successful completion of the case.

Our services

For all questions related to the legalization of redevelopment in Moscow, you can contact Smart Way LLC. We will provide the following services:

• We will prepare project documentation and assist in obtaining a technical report;
• We will represent your interests at all stages of legalization and during the cadastral registration process;
• We will prepare a technical plan with new characteristics of the premises;
• We will help you eliminate violations and challenge the refusal in court.

We will also advise on all questions that arise, give recommendations and advice on the correct implementation and coordination of redevelopment work. The preliminary cost of some services and works can be found in the table below.

Example of an apartment redevelopment project

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Thus, the validity period may be unlimited, but you need to contact the housing inspector every month and follow the same procedure. Therefore, to save your time, it is better to meet the deadline of 1 year and notify the commission about the completion of repairs so that it can inspect the facility and complete approval.

The cost of the procedure for legalizing a new layout can be found below in the calculator.