Apartment redevelopment: how to legalize it in 2021?

What is a technical passport

A technical passport is a document recording the results of the initial or subsequent inventory of real estate. For two decades, carrying out inventory activities and preparing technical documentation was the responsibility of BTI institutions. Since 2013, after changes in federal legislation, the characteristics and parameters of buildings and premises have been recorded in the form of a technical plan.

This diagram clearly shows the interaction of BTI institutions, Rosreestr, cadastral engineers and other structures in the inventory and accounting of real estate.

The technical design of the redevelopment is also not drawn up. More precisely, the specified work requires a regular, not a technical project. Therefore, the wording “technical redevelopment project” is inaccurate and incorrect in the legal sense.

Dear Clients!

The information in this article contains general information, but each case is unique. You can get a free consultation from our engineers using one of our telephone numbers - call:

8 Moscow (our address)

8 St. Petersburg (our address)

All consultations are free.

The contents of the premises or building passport included the following amount of information:

• area of ​​the building, each room, additional and auxiliary buildings, loggias, etc.;
• year of construction of the building;
• the initial inventory value of the object;
• materials of walls and ceilings;
• plans for engineering and technical communications;
• floor plans of the building and list of premises;
• other information, the list of which was determined by federal legislation.

Since 2013, a cadastral registration system has been introduced in the Russian Federation, which applies to all types of real estate. From that moment on, most of the regulations that regulated the procedure for the production and issuance of technical passports became invalid. It should be noted that Article 45 of the Federal Law of the Russian Federation dated July 24, 2007 No. 221-FZ defines. That technical passports stored as of January 1, 2013 in BTI institutions become the property of regional authorities. Storing these documents, as well as providing information at the request of interested parties, is also within the powers of the constituent entities of the Russian Federation.

Requirements for conducting an inventory and issuing technical passports can be found in the following regulatory documents:

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

• Order of the Ministry of Land Construction No. 37 ();
• Order of the Ministry of Economic Development No. 953 ();
• Recommendations for technical inventory of Roszhilkommunsovkhoz ();
• Moscow Government Decree No. 106-PP ();
• Moscow Government Decree No. 508-PP ().

BTI and other organizations in the field of real estate, cadastre, and inventory work using these documents. If you have undergone redevelopment, BTI will make changes to the technical passport. Before approving the project for redevelopment, you need to obtain a copy of the technical passport from the BTI. The technical redevelopment project becomes invalid after approval.

Sequence of actions after completion of redevelopment

After completing the redevelopment, you need to call a commission from the housing office. She will review the changes made to ensure they are in accordance with the plan. If everything goes well, the tenant will receive a certificate of completion of work.

Next, you need to order a new technical passport from the BTI by submitting:

• sketch or redevelopment project;
• permission to carry out repairs;
• certificate of completion.

The cost of a new passport will be 1-2 thousand rubles.

If the size of the apartment has changed during the renovation, you will need to obtain a new certificate of ownership and cadastral passport. The certificate can be ordered at the Registration Chamber, at the Multifunctional Center or through the State Services website.

Cost - 1000 rubles (payment of state duty). The cadastral passport is issued in Rosreestr. Cost - 1000 rubles (state duty + specialist work).

Thus, the total costs of redevelopment (not counting the repair itself) will range from 5 thousand rubles (if the redevelopment is small and a project is not required) to 45-60 thousand rubles (if ordering a project).

If you have to go to court, you need to add to this amount the costs of a lawyer and payment of state fees.

But what to do if the redevelopment has already been carried out and needs to be legalized? There are two ways to go here.

The first is to contact the BTI with an application for redevelopment, that is, to actually hide the fact that the repairs have already been done. In this case, the costs will be similar to the standard permit application.

Risks of this method

• the project may not be approved, and unauthorized changes will have to be corrected at your own expense;
• if the commission checks the condition of the apartment and discovers changes, you will have to pay not only a fine for unauthorized construction, but also for fraud;
• Unauthorized design changes can affect the strength of the building and ultimately lead to the destruction of the house.

So it is better not to use this method, but to contact the BTI with a request to legalize the changes already made.

Initial stage of legalization

• contacting the BTI with the old technical passport, documents for the apartment and an application for redevelopment, paying the cost of issuing a new passport (from 1 thousand rubles);
• the technician measures the changes made and marks them on the plan;
• obtaining a new registration certificate;
• contacting the SES and the Ministry of Emergency Situations to conduct an examination and issue a conclusion that the apartment complies with the standards (from 500 rubles for one conclusion);
• order from a licensed technical design organization (from 30 thousand rubles).

Next, you should go to the district court yourself or wait for a call from the administration.

Apartment redevelopment project.

What documents will be required for the court?

The following documents must be prepared for the court:

• application for recognition of the legal redevelopment;
• certificate of title to an apartment;
• old and new registration certificate;
• conclusions of the SES and the Ministry of Emergency Situations;
• the conclusion of the design organization that the redevelopment can be left.

The court may make a positive decision and grant the request, or decide to eliminate the changes. Much will depend on the position of the architecture department.

If the administration staff does not oppose the renovation, then it will be easier to convince the court to preserve the redevelopment.

If the decision is positive, you will need to:

• obtain a new cadastral passport from Rosreestr (from 1000 rubles);
• issue a new certificate of title to an apartment (1000 rubles).

If the court refuses, then you can:

• follow the decision and return everything as it was;
• within 2 weeks, file an appeal to a higher court.

In both cases, you will need to pay a fine for unauthorized construction. Its size will be determined by the court. The corresponding article of the administrative code provides for a fine of 1 to 30 thousand rubles.

List of useful documents

Documents for download:

Red lines on BTI plans all mean uncoordinated changes to the facility

How is redevelopment of non-residential properties approved in Moscow?

Coordinating the redevelopment of non-residential properties in the capital entails additional difficulties. The redevelopment project must receive a positive technical opinion from a state or independent expert organization. This rule is specified in the Decree of the Moscow Government dated August 27, 2012 No. 432-PP, along with the list of construction works requiring approval.

Taking into account the provisions of the federal and regional regulatory framework, approval of redevelopment in Moscow will take place according to the following algorithm:

Dear Clients!

The information in this article contains general information, but each case is unique. You can get a free consultation from our engineers using one of our telephone numbers - call:

8 Moscow (our address)

8 St. Petersburg (our address)

All consultations are free.

• preparation of a redevelopment project in a specialized expert organization with SRO approval;
• obtaining a positive conclusion on the technical condition of the building’s load-bearing structures;
• actual construction work in strict accordance with the approved project;
• coordination of the work performed and execution of the acceptance committee act;
• contacting a cadastral engineer to conduct a site survey and draw up a technical plan;
• contacting the Rosreestr service for cadastral registration of changes and entering them into the Unified State Register of Real Estate.

Methods of legalization

Before legalizing a redevelopment that was done a long time ago, it is necessary to find out which authority to contact. There are quite a lot of them. The citizen will have to interact with:

• city ​​administration;
• housing inspection;
• court.

It will not be possible to legitimize redevelopment in 2021 only through the local administration. The method is suitable if changes have not yet been made, and the citizen is only planning the upcoming repairs. Once the process is completed, litigation is inevitable.

However, you will still have to go to the local administration. She must be notified of the legalization of the redevelopment. Why do you have to go to court? It depends on his decision whether the adjustments made will be legitimized.

Cadastral registration of redevelopment

If, during redevelopment work, changes were made to the original parameters of non-residential premises, it is required to go through the cadastral registration procedure through Rosreestr. According to the rules of the Federal Law of the Russian Federation dated July 13, 2015 No. 218-FZ, the basis for cadastral registration will be title documents and a technical plan with changed characteristics of the object. If the redevelopment was carried out to rent out the premises or part of it, registration actions with the lease agreement will take place simultaneously with cadastral registration.

Cadastral registration after redevelopment occurs according to the following principles:

• after approval of the construction work carried out by the acceptance committee, the customer contacts the cadastral engineer;
• after concluding a contract, the engineer conducts an actual inspection of the facility and receives information from the Unified State Register of Real Estate;
• all changes are made to the graphic and text parts of the technical plan, taking into account the acceptance committee’s report - moving partitions, changing sizes, etc.;
• the technical plan is sent to the cadastral authorities of Rosreestr for registration at the request of the copyright holder.

Carrying out cadastral registration is aimed at updating the USRN information - all changes after redevelopment must be reflected in the register. Based on the results of accounting activities, new information about the parameters of the premises and building is reflected in the register, about which the copyright holder is issued an extract from the Unified State Register of Real Estate.

Expert commentary . Carrying out cadastral registration without an updated technical plan is impossible, even if the customer agreed on the work and it was approved by the acceptance committee. When preparing a technical plan, the engineer checks the compliance of the changes with the original plan and technical conclusion. If inconsistencies are identified, the engineer is obliged to reflect such facts in his conclusions.

The main document for cadastral registration is now not a passport, but a technical plan.

Collection of papers

Before legalizing the previously completed redevelopment of the apartment, a package of documents must be prepared. The list will include:

• the applicant's identity card;
• new technical passport;
• a certificate from the sanitary inspection confirming that the premises meet all standards;
• extract from Rosreestr;
• room design;
• statement of claim to go to court.

You cannot prepare a project on your own. The document must be drawn up by a person who has the right to conduct such activities. Therefore, you have to contact a specialized company.

However, you can prepare a drawing of it. To complete it, take a floor plan and mark the changes made in red ink. Only after all the documents are in the applicant’s hands can further actions begin.

Why is a technical passport required for redevelopment approval?

Although data from technical passports can be used when developing a redevelopment project or drawing up a technical plan, this document is not included in the list of grounds for cadastral registration and registration of real estate rights. Moreover, even the provisions of Article 25 of the RF Housing Code currently do not correspond to the current procedure for recording changes after redevelopment, since this norm contains a mention of a technical passport.

The primary inventory of real estate was carried out when they were put into operation, and subsequent ones - once every five years. Accordingly, the validity period of the technical passport was also five years, which did not take into account changes in the characteristics of the building between the inventory. The legislator eliminated all these shortcomings by the rule on obtaining a technical plan every time a property is changed.

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

You can find out how much redevelopment costs in BTI from our experts. In particular, the cost of requesting a copy of the registration certificate is affected by the urgency of the order. storage location for inventory. The cost of a technical passport can be clarified on the websites of the BTI authorities. If you need a technical plan after redevelopment, contact our experts.

Technical passport for approval of redevelopment in 2021. Questions to the expert

Alexander S.

Specialist in the field of design, cadastre, real estate. Higher education, more than 15 years of work experience.

Ask a Question

Question to the expert

Hello! Do I need to order a fresh technical passport to buy and sell an apartment?

The registration certificate is not included in the list of required documents for the purchase and sale of real estate. But the buyer may require a passport to check the characteristics and layout of the apartment.

Is it possible to undergo a technical inventory for free? Are there any benefits?

Inventory is a paid service. Tariffs and benefits are established by the BTI institution at the location of the facility.

Is it possible to order and receive a technical passport for redevelopment online?

In Moscow, such an opportunity exists if the inventory data for the property is transferred to the capital’s real estate register. This can be clarified in MZHI, DGI.

Is it necessary to obtain a technical passport for an individual residential building?

No, current legislation does not provide for such requirements. After completion of construction, it is necessary to order a technical plan.

What will happen if the redevelopment is not legalized?

Violation of established norms is fraught with liability. If a citizen simply does not formalize the construction work, but this does not entail any negative consequences, he will have to pay a fine of 2,500 rubles.

When the interests of third parties were affected due to an unauthorized change, the damage caused must be compensated. If, due to redevelopment, walls collapse, resulting in damage to people’s lives and health, the person responsible for the situation will be held criminally liable. The violator may be imprisoned and subject to a large fine. The decision will be made separately in each specific situation.

© REALTOR BROSALIN.RU

Why did BTI lose the opportunity to approve redevelopment?

Since 2013, BTI institutions have lost most of their powers. Cadastral engineers who are now drawing up technical plans undergo a special procedure for checking and confirming their qualifications - they receive a certificate and SRO approval. Within the framework of Federal Laws No. 221-FZ and 218-FZ, BTI institutions are not listed among the bodies that have the right to draw up or approve documents for redevelopment. Since the cadastral registration system does not include BTI institutions, their functions are limited to issuing certificates or extracts from technical documentation compiled as of March 1, 2013. For these reasons, the question “how much does redevelopment cost in BTI” has lost its relevance.

Technical passport inventory in Moscow and the Moscow region

]Smart Way[/anchor] provides inventory and measurement services, and issues technical passports. The cost of a technical passport is calculated individually for each object. Approximate prices for our services can be found in the table below.

The cost of registering an apartment redevelopment: how and for how much can it be legalized in 2021?

The need to register changes in the configuration of the apartment will not be in doubt. However, how much money is needed for paperwork if you plan to obtain permission initially, before carrying out the work? What expenses await the owner who decided to legitimize everything after the fact?

In 2021, prices for the capital and the Moscow region are as follows:

• Project: at the stage of preliminary obtaining a permit, this is the largest expense, the cost of producing the document is from 15 thousand rubles and more (the upper limit is determined by the difficulty level)

  .

• Approval of this project by government authorities will cost from 5 thousand rubles (state fees)

  .

• Production of a new technical passport costs from 2 to 7 thousand rubles.
• If you plan to engage an intermediary company to obtain permits, such companies charge from 20 thousand rubles for their services (not counting the listed expenses)

  .

In the event that the owner decides to legitimize everything in fact through the court, the listed expenses will be supplemented by payment for the preparation of documents for the court - this is from 30 thousand rubles, as well as legal advice - 1-2 thousand rubles. If intermediary firms are involved in this procedure, their services in this case will cost 50-80 thousand rubles.

conclusions

• A technical passport is a document that is issued after an inventory of an object. The technical passport contains basic information about the property.
• Inventory and certification are the responsibility of BTI institutions. For measurements and examinations, you need to submit documents to the BTI and call specialists to the site. Also, inventory work can be performed by cadastral and other companies.
• The main document after inventory is the technical passport. Its applications include floor plans and room lists. The cost of the technical passport is determined by agreement.

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

You can order the production of a technical passport in ]Smart Way[/anchor]. We will tell you more about the terms of cooperation at the preliminary consultation.