Motives for the natural division of the apartment
Physical division of your home into several autonomous ones is necessary for several reasons:
- The couple wants to leave, but they do not have the money to invest additional funds in new housing (taking into account the cost of the existing apartment).
- Two or more people inherited one apartment; they do not intend to live together, but they also do not want to sell it (for example, the house is located in an elite area and is convenient for all heirs in terms of the surrounding infrastructure). I would like to preserve the housing by dividing it actually and legally.
- Children want to live separately, but at the same time, close to their parents...
Important: Realistically assess the need for division with the costs that will be required to bring this idea to life.
How to properly divide a personal account in a privatized apartment
Often people living together have a question: how to divide a personal account in a privatized apartment ? This procedure is very insidious: on the one hand, it is quite simple, on the other, there are many subtleties that can derail the whole thing. This article is devoted to how to conduct the section correctly.
The second obstacle to dividing personal accounts in a privatized apartment may be the disagreement of one of the owners. In this case, you will have to go to court with a claim to determine the procedure for using the apartment, including utilities. In addition to the statement of claim, you will also need to submit to the court a copy of the certificate of share in the apartment and a receipt for payment of the state duty in the amount of 300 rubles.
Chances of division
You can get two separate apartments from one under certain conditions: the housing must be complete and meet the requirements of the Housing Code of the Russian Federation.
- Suitability for habitation . If, as a result of the division, one of the apartments does not have the minimum size of living space, its allocation in kind will become impossible.
The law does not allow deterioration of living conditions. Residential premises cannot be transferred to non-residential status. What does this mean? Dividing a three-room apartment with one bathroom in practice has almost no chance of success, since one of the apartments will turn out to be one-room. At the same time, it should have a kitchen, and a toilet with a bathroom... How to arrange them if there is only one room? Technically, no way.
- Prohibition on free choice of places to arrange bathrooms and kitchens. If the initial apartment has only one such object, then creating two apartments in practice causes difficulties. You will have to equip (at least) the missing elements in each of them.
Restrictions for bathrooms: they cannot be located above or below living spaces.
Restrictions for kitchens: there should be no bathrooms above the kitchen, and no living spaces below the kitchen.
Therefore, it will be necessary to take into account the layout of the neighbors both above and below. As an option, use non-residential premises if space allows and ventilation requirements are met.
- Connection to appropriate ventilation ducts . The bathtub and toilet must be connected to an exhaust duct of the appropriate type. Like the kitchen, which is connected to the general house ventilation system. And not the other way around!
- Availability of a separate entrance to the apartment . Free access to new objects can be organized due to the loss of the total area of the apartment (a common vestibule with exits from both apartments is organized) or the common building area (part of the landing is taken away). In the second case, the consent of the majority of neighbors will be required, since their right of common ownership to non-residential premises is reduced.
Important: Remember that violating these prohibitions worsens the living conditions of your neighbors. This is a reason to sue you for remodeling.
How to divide an apartment into two separate apartments
The division of a residential premises into several separate ones refers to redevelopment, therefore all actions are regulated by the Housing Code of the Russian Federation.
Redevelopment is any change in the configuration of a residential premises that requires a change in the technical passport. Redevelopment may include:
- moving or dismantling partitions, door and window openings;
- combining or dividing apartments;
- arrangement of bathrooms, kitchens;
- increase in residential premises due to utility rooms;
- installation of partitions;
- some other actions.
When dividing an apartment you will need:
- Arrange a separate exit for the second living space. Since the perimeter walls of any apartment are permanent, in addition to planning the exit, it will be necessary to develop a project for strengthening the load-bearing wall, and this is the prerogative of a specialized organization engaged in the design of such work.
- Make a redevelopment project in such a way that all the new bathrooms do not end up in the space above the kitchen or living room of the apartment located below. It is also necessary to meet the condition that the designed kitchen is not located above the living room of the neighbors below.
- The designer must provide separate ventilation for the kitchen and bathroom, since combining the ventilation ducts of bathrooms and toilets with the same structures for kitchens is unacceptable.
- For each of the secondary apartments, approval and installation of separate electricity meters and hot and cold water meters will be required.
All of the above actions require special skills and knowledge, so it will not be possible to independently make a project for remodeling and dividing an apartment into two. It will be necessary to seek help from specialized design organizations.
Order an examination
In private, it is difficult to determine the potential for partition; to do this, you should have knowledge and information about:
- Technical characteristics of the house itself (where are the load-bearing walls, common area, etc.).
- The layout of the neighbors (not all neighbors allow an inspection, especially if unauthorized redevelopment has been done).
- Possibility of additional gasification and electrification of newly created apartments, provision of water and sewerage.
- Subtleties and nuances of fire and engineering safety.
Therefore, it is recommended that an examination of the division of the apartment be carried out by those who are professionals in this field. There are campaigns (participants of self-regulatory organizations) that engage in such analysis on an ongoing basis and have experience working with all the necessary information.
Based on the results of the examination, an expert opinion will be drawn up on the technical feasibility of separating individual apartments from one. Based on it, you can order a redevelopment project, legalize it and begin to implement the section in practice.
Important: Unauthorized redevelopment is a violation of the Housing Code of the Russian Federation (Article 29). The court may force the premises to be returned to their original appearance or the property to be sold at auction. Yes, and you will have to pay a fine (2 - 2.5 thousand rubles) according to Art. 7.21 Code of Administrative Offenses of the Russian Federation.
Section of a communal apartment
Despite many years of efforts by the authorities to resettle communal apartments, today there are more and more of them. A communal apartment is usually understood as an apartment in which the rooms belong to different owners. This article will tell you about the features of dividing such an apartment.
If all the rooms are privately owned, then partition seems to be the simplest procedure. If some of the premises are municipal, then this significantly complicates the problem. Since during the division it will be necessary to deal not with the owner of the room, but with the municipality, which is impossible to reach an agreement with, which means that other owners will face long trials.
The procedure for legalizing a section
In order not to break the law, if you set out to divide one apartment into two, you need to follow the following sequence of actions:
- Order an examination that will help determine the technical feasibility of the section.
- Contact BTI or independent engineering companies for a redevelopment project.
- Collect documents on ownership, grab the project, passports and go to the MFC or local government authority (LGU) responsible for approving the redevelopment. Submit documents, write an application.
- Wait for the verdict of the approval body (OMC).
- Challenge it in court if a refusal is received.
- Make a section on the project.
- When everything is ready, call representatives of the compulsory medical insurance to confirm the changes made and their compliance with the plan.
- Come to the MFC with all the documents, write an application and within 10 days receive technical passports for both apartments.
- Contact Rosreestr to record the changes made and register ownership of two new objects.
Important: During division, a notification procedure for legalizing the changes made is unacceptable. First, coordinate, then do repairs and reconstruction!
How to divide a personal account in an apartment for utility bills
- Each owner is responsible for the timely payment of fees associated with the use of residential premises in proportion to the size of his share in the ownership of housing (Article 249 of the Civil Code of the Russian Federation);
- In municipal (state) housing, family members of the tenant have similar rights and obligations, and former family members bear responsibilities for maintaining housing independently (Article 69 of the Housing Code of the Russian Federation).
Since a financial personal account is a document issued exclusively for residential premises (and not for owners) belonging to citizens on various grounds, its division means the formation of two or more newly created residential premises from one and, therefore, the creation of a communal apartment.
When is the easiest time to share an apartment?
There are several options when the section is least troublesome:
- Apartment on the first floor . No need to think about the layout of the neighbors below. You only need to take into account the location of the premises of the neighbors above. A separate entrance can be arranged from the street if the compulsory health authorities have allowed changing the façade of the building.
- The apartment was originally equipped with two bathrooms . The problem of placing a toilet with a bath above non-residential premises disappears. What remains is the competent choice of location for the kitchen and the organization of a separate entrance. The problem of kitchen ventilation can be solved by moving the exhaust duct outside.
- The separated apartment was originally two apartments that were combined for some reason . In this case, you just need to restore the former partitions and dismantle the blocked openings.
Important: All these advantages do not matter if the apartment is not privatized. Do not expect to obtain the consent of the owner (state or local authorities) to separate separate apartments from one (even a large one).
Sharing a communal apartment
In addition to a separate entrance, each apartment must have a separate KITCHEN and WAN/UNIT, while their arrangement and equipment must not contradict regulatory documents and are technologically possible. You need to start by ordering a reconstruction project and getting it approved by multiple authorities. In standard series houses this is almost impossible. For an initial consultation, I advise you to contact the housing inspection.
We recommend reading: Civil Code Article 1149
Anton, there are 2 questions in your ad. I’ll risk it again: 1. Will the entrance “through a box for two apartments” work? Even a housing inspection specialist won’t say without seeing the BTI documents, the cadastral passport and your sketch of the box’s redevelopment. 2. Collided. All issues were resolved in agreement with the housing inspection of the relevant administrative district. Absolutely necessary at the reception: a cadastral passport for the apartment, a floor plan and an explication, and, for starters, your sketch, at least by hand. In the future, a sketch will not be enough - absolutely, a project will be required. The list of design organizations is available in the housing inspectorate, or you can choose yourself; the price of the project + approvals are determined for each specific case.
What not to do?
Project development begins with consideration of the initial BTI plan, noted in the technical passport. Any actions involving changes in area and location require approval from the housing inspection. A number of activities are prohibited by building codes:
- removing the wet area (where the plumbing is located) into the living space;
- arrangement of a bathroom above the neighbor's kitchen;
- creating a dining area above the living space (as is already clear, redevelopment requires coordination with neighbors);
- placement of water heating batteries on the loggia, balcony;
- demolition and chipping of load-bearing walls and elements.
If the kitchen is gasified, you cannot remove the wall between it and the living room. Therefore, it will not be possible to expand the room due to the adjacent dining room (only if an electric stove is installed).
What is allowed?
For approval, the housing inspection will require a set of documents with a detailed schedule of planned work. This is a plan drawn up, for example, when performing a comprehensive renovation, including redevelopment. It is better to entrust its creation to professionals from construction companies who know exactly the intricacies of the process.
The project allows:
- increase the wet area due to the corridor, hallway (non-residential area);
- combine bathroom and toilet;
- place the bedroom above the neighbor's kitchen;
- attach a loggia to the room - it must first be insulated for the comfort of the residents, although this does not require approval.
Important!
The best option for expanding the area of a one-room apartment is to use part of the corridor. This is a public space, where it is quite possible to take a couple of square meters to get another room. It’s a good idea to use the loggia, if you have one.
Source: mebel-go.ru/
Increase due to the corridor/hallway
Ordinary apartments in standard buildings, such as Khrushchev or Brezhnevka buildings, often have long, narrow corridors. Therefore, the option of transforming the entrance area with an increase in the living room/bedroom is considered more often than others during redevelopment. The most common solutions:
- expansion of the living room;
- moving the kitchen to the place of the corridor;
- changing the configuration of dressing rooms, dark areas, built-in niches.
When the square meters of the hallway area are used to enlarge the bedroom, the wall separating the two rooms is dismantled. In a one-room apartment, this is a good way to get extra space in the living room. This is how you achieve a visual expansion of the space. But such actions require prior approval.
Complete turnkey apartment renovation
- Everything is included The cost of repairs includes everything: work, materials, documents.
- Without your participation After agreeing on the project, we only bother the owners when the repairs are completed.
- The price is known in advance. The cost of repairs is fixed in the contract.
- Fixed repair period Turnkey apartment renovation in 3.5 months. The term is fixed in the contract.
Read more about Done
Combining a living room with a balcony/loggia
This part of the house must first be insulated. When developing such a project, it is important that the service life of the balcony coincides with that of the building or is as close as possible to it. You can connect the balcony and the room in the following ways:
- Using a balcony as an addition to a living room or family dining room combined with a kitchen. This option is more suitable for the dining area; it will not be possible to make a full-fledged two-room apartment.
- Incorporation of the column of the former window opening into the supporting structure. This method is chosen by owners of one-room apartments with wide loggias. Then the bedroom will be more isolated, and air exchange will be maintained.
- Demolition of part of the main wall (by prior agreement). Suitable for a one-room apartment with a loggia and an additional window. Then the balcony room, equipped with a heated floor and separated by a solid light partition, becomes a bedroom.
With the latter option, you get a niche inside for a dressing table, shelves, and cabinets.