List of reconstructions in an apartment building requiring permission

Redevelopment and reconstruction mean a change in the original characteristics and configuration of a property, carried out with the permission of authorized services and departments. The requirements for reconstruction are much stricter, since it is associated with changes in the boundaries of the object, the height and number of floors of the building, etc. Redevelopment, on the contrary, changes only the configuration of the room, while the characteristics of the building remain unchanged. To carry out redevelopment and reconstruction, you need to formalize the project and undergo mandatory approvals.

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In this article we will tell you how redevelopment and reconstruction differ, where such work can be carried out, what documents are needed for approvals, and how to make changes to the Unified State Register after completion.

What is redevelopment of a non-residential building in Moscow?

The legal concept of redevelopment is contained in the Housing Code of the Russian Federation and formally applies only to residential real estate. With regard to non-residential premises and buildings, the redevelopment procedure has not been approved at the federal level, therefore, by analogy, the norms of the Housing Code of the Russian Federation are used. In the capital, there are special redevelopment rules regulated by Moscow Government Decree No. 432-PP dated August 27, 2012 (hereinafter referred to as Government Decree No. 432-PP). Lists of works and approval procedures for redevelopment in apartment building premises can be found in Resolution No. 508-PP ().

Redevelopment can be carried out not only to increase the level of comfort in the room, but also to change its characteristics when renting.

An approximate list of redevelopment works is recorded in the Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 (). Taking into account the characteristics of a non-residential building, the following most common redevelopment options can be identified:

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• dismantling partitions or moving them to another place;
• installing doorways or moving them to another location;
• installation of additional bathrooms;
• increasing the area of ​​non-residential premises in the building due to additional and auxiliary premises;
• other types of work.

The key requirement when carrying out redevelopment work is the need to take into account all changes in the technical passport of the room or building. Taking into account changes in federal legislation, these changes are currently being made to the updated technical plan and are subject to cadastral registration in the Rosreestr service.

Redevelopment

Redevelopment is a change in the configuration of a room. Complete or partial dismantling of walls and partitions and erection of new ones, adding or eliminating window and door openings, changing their sizes. You can even move supporting structures or change their configuration.

So, if you want to combine the kitchen with the living room by cutting an additional doorway in the wall between them, this is a classic redevelopment. Transforming an open loggia into a warm living space is the same.

Before carrying out redevelopment, the project for future changes must be approved by local authorities. Read about what documents you will need, how and where to coordinate them in the special material.

The main differences between redevelopment and reconstruction

Although redevelopment and reconstruction are associated with changes in the parameters of the property, there are the following fundamental differences between these types of work:

• redevelopment work does not require obtaining a construction permit, while reconstruction without the specified document will be illegal;
• during the reconstruction process, structural building elements and building structures are restored or replaced;
• reconstruction may include redevelopment work in a building or within individual premises;
• The list of documentation required to obtain permission for construction and reconstruction is much wider than for redevelopment.

Based on the results of redevelopment and reconstruction, all changes must be reflected on the technical plan of the non-residential premises or building, after which this information will be entered into the state register of the Unified State Register of Real Estate as part of cadastral registration.

Reconstruction involves work to replace or restore load-bearing structures. Therefore, such work is subject to the most stringent safety requirements.

Technology of reconstruction of industrial buildings

The algorithm for solving problems for the reconstruction of industrial buildings implies a certain sequence of work, in particular:

• strengthening (strengthening) the foundation;
• reconstruction of the “box” of the building;
• increasing or changing the number of floors of a building;
• increasing the area or size (building up) of the base;
• new design (replacement) of the architectural appearance;
• organization of repair work inside the building (flooring, ceiling finishing, partition cladding, flights of stairs, doors, windows, etc.);
• organization of additional work on insulation of floors, roofs, cladding of the building with various materials (facing brick, lining, siding, natural stone and others);
• production, installation, and repair of engineering equipment.

Reconstruction of a social facility

Stages of approval for the redevelopment of non-residential properties in 2021

It is necessary to begin redevelopment work only after approval of the design documentation. For this reason, the first stage of approval will be the registration of the project in an expert organization that has SRO approval. The positive passage of the next stages of redevelopment approval depends on the qualifications of the expert and the correctness of the project.

Design documentation for redevelopment is subject to approval in the following order:

• according to the rules of Resolution No. 432-PP, before submitting a redevelopment project for approval, a positive technical conclusion is drawn up on the condition of load-bearing structures and other safety and reliability elements of the building (in other constituent entities of the Russian Federation this procedure is not carried out due to the lack of a specialized regulatory framework);
• a redevelopment project, which will reflect all changes in the characteristics of a non-residential building, as well as a technical conclusion, are sent for approval to local municipal services (for Moscow, this department is the Moszhilinspektsiya);
• After completing the planned work, it is necessary to obtain an approval certificate - it is approved by the same service that approved the initial project.

The development of a redevelopment project and the preparation of a technical report must be carried out by an expert organization authorized by an SRO.

Expert commentary . When applying to receive a project and technical opinion, specialists from the expert organization will provide support in resolving any controversial issues with control and supervisory authorities. In particular, the list of declared works will strictly comply with the regulated list in Appendix No. 2, which will make it possible to quickly obtain an approval certificate after the redevelopment. At the same time, a technical plan will be prepared taking into account the changes made.

Redevelopment and reconstruction of premises and buildings in 2021. Questions to the expert

Alexander S.

Expert in the field of certification, cadastre, real estate and design. Higher legal education, more than 10 years of work experience.

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Question to the expert

If we carry out redevelopment work, and it turns out that they fall under reconstruction, what will happen?

In practice, this is not possible if you are doing work on a project basis. The project scope will always describe the work that can and cannot be done on site. But there are heavy fines for illegal reconstruction.

We submitted documents for approval of the reconstruction to the Moscow Housing Inspectorate, but were refused. Why?

First of all, MZhI deals with the approval of only redevelopment, but not reconstruction. The reconstruction project must be submitted to the state construction supervision authorities.

Is it possible to combine the reconstruction of the building and the redevelopment of some premises? How to do this correctly?

As part of the reconstruction, you can change the layout of individual or all rooms of the building. Coordination of such work is carried out according to a single reconstruction project, i.e. you need to contact Gosstroynadzor.

I don’t really understand why you need to contact Rosreestr after redevelopment. We have already received all the approvals from the Moscow Housing Institute.

Rosreestr enters information about the characteristics of real estate into the Unified State Register of Real Estate. Therefore, after the redevelopment, new data must be entered into the Unified State Register, since the characteristics of the premises have changed.

Real terms of approval

The Town Planning Code of the Russian Federation stipulates that the issuance of a construction permit takes no more than 7 days (for certain types of objects this period may be longer). However, the procedure for preparing documents and passing the examination will be much longer:

• the period for carrying out engineering surveys and preparing the project will depend on the complexity of the upcoming work, the characteristics of the object, the characteristics of the land plot and the location of communications;
• the examination of the project can take 2-3 months, and this period can be shortened as much as possible only by correctly completing the documentation;
• To submit an application to the municipality, you need to receive an urban planning plan for the land plot, which may take another 2-3 weeks;
• For reconstruction, it is necessary to obtain approvals from resource supply organizations and permission to carry out certain types of work, which also increases the overall duration of the procedure.

After completion of the work, the facility must be put into operation, receive an act and order a technical plan, and undergo cadastral registration. The total approval period can be up to 6 months. For cultural heritage sites or other categories of buildings, the duration of approvals will be even longer.

Expert commentary . In the Smart Way company you can order a service for designing and coordinating turnkey reconstruction. In this case, all reasons for delaying the approval procedure can be taken into account and eliminated in advance. To clarify the terms of cooperation with our specialists, you can get a free consultation by phone or through the feedback form.

List of useful documents

Documents for download:

Reconstruction of an apartment building

A difficult issue is the reconstruction of an apartment building. To carry it out, it is necessary to solve complex technical problems and coordinate all stages of the procedure.

Re-registration is not necessary if the building parameters are not violated. In other cases, the general standards for the reconstruction of a private house apply:

• safety control of work and reconstruction of load-bearing elements;
• compliance with fire safety standards;
• taking into account the property interests of neighbors and the public as a whole (private property of other municipality apartment owners).

Stages of approval for the reconstruction of non-residential properties

Reconstruction of a non-residential property is carried out on the basis of a construction permit, which is issued by local authorities at the location of the land plot under the property. To obtain permission for reconstruction, the following documents must be submitted:

• title documents for land - certificate of title or extract from the Unified State Register of Real Estate;
• urban development plan for the land, issued no earlier than three years before the date of application;
• design documentation - architectural solutions; planning organization schemes; projects for demolition or dismantling of an object or individual parts; reconstruction project; explanatory note, etc.;
• positive expert opinion;
• consent of all copyright holders of the property to carry out reconstruction;
• a copy of the accreditation certificate of the independent expert organization that issued a positive conclusion.

After completing the reconstruction project and receiving an expert opinion, all documents are subject to verification by the authorized local authority. The construction permit specifies the deadline for completing the work.

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.

Expert commentary . A positive conclusion on a reconstruction project can be issued based on the results of a state or non-state examination. In the second case, a certificate of accreditation is attached to the documentation submitted to the authorized body.

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All consultations are free.

Expert commentary . A positive conclusion on a reconstruction project can be issued based on the results of a state or non-state examination. In the second case, a certificate of accreditation is attached to the documentation submitted to the authorized body.

The project describes the characteristics of the room and building after completion of the redevelopment or reconstruction.

Judicial practice on approval and legalization of reconstruction

Refusal to approve or legitimize reconstruction can be challenged in court. This failure may be caused by:

• incomplete set of documents;
• incorrect execution of project documentation;
• violation of town planning regulations, normative and by-laws;
• the applicant’s lack of authority, the designer’s lack of membership in the SRO;
• negative conclusion of state or non-state examination;
• other circumstances.

Taking into account the specified grounds for refusal, in the legal process it is necessary to confirm the authority of the customer and the designer, and the compliance of the project with the requirements of the law. To substantiate your position, it is advisable to involve specialists from the design organization who prepared the documents in the case. Based on a judicial act, a construction permit will be issued, or a cadastral record of the reconstruction that has already taken place will be carried out.

Expert commentary . By contacting our company, you can count on specialist support not only with the usual approval procedure. We will help you challenge an illegal refusal to issue a permit or a completed reconstruction, prepare a full set of documents to defend your position, and represent your interests in court and other departments.

Cadastral registration of redevelopment and reconstruction

After the act of approving redevelopment work or putting the facility into operation after reconstruction, all changes must be taken into account in

EGRN. To do this you need to do the following:

• select a cadastral engineer and provide him with all documentation on the work performed and approvals, including the initial project;
• after cadastral work is completed, it is drawn up

technical plan of the building and/or premises in which all changes in the characteristics of the object will be taken into account; technical plan and title documents are submitted to the Rosreestr service for cadastral registration;

• in accordance with the norms of Federal Law No.

218-FZ, cadastral registration of changes to the object is carried out, and all information is entered into the Unified State Register of Real Estate;

• the copyright holder receives an extract from the state register

EGRN.

Only after passing the cadastral registration procedure

redevelopment or reconstruction will be properly legalized and completed.

Expert commentary . When carrying out cadastral work, compliance with the project and the actual work performed will be checked. If you deviate from the project, coordination of the work performed may not be possible without contacting the judicial authorities.

Obtaining a permit to build an individual residential building is no longer required

On August 4, 2018, Federal Law No. 340-FZ dated August 3, 2018 “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” came into force.

In accordance with the amendments made to the Town Planning Code, an individual housing construction facility (hereinafter referred to as individual housing construction) is understood as a separate building with a number of above-ground floors of no more than three, a height of no more than twenty meters, which consists of rooms and auxiliary premises designed to satisfy citizens for household and other needs related to their residence in such a building, and is not intended for division into independent real estate.

In accordance with Part 17 of Art. 51 of the Town Planning Code of the Russian Federation, during the construction or reconstruction of individual housing construction projects and garden houses, the issuance of a building permit is no longer required.

In such cases, the developer submits to the authority authorized to issue construction permits a notice of the planned construction or reconstruction of an individual housing construction project or a garden house, containing the following information:

This is important to know: Share in the ownership of an apartment if there is one owner

1) last name, first name, patronymic (if any), place of residence of the developer, details of an identity document (for an individual);

2) the name and location of the developer (for a legal entity), as well as the state registration number of the entry on the state registration of a legal entity in the unified state register of legal entities and the taxpayer identification number, except if the applicant is a foreign legal entity;

3) cadastral number of the land plot (if available), address or description of the location of the land plot;

4) information about the developer’s right to the land plot, as well as information about the existence of rights of other persons to the land plot (if there are such persons);

5) information about the type of permitted use of the land plot and the capital construction project (individual housing construction project or garden house);

6) information about the planned parameters of the individual housing construction project or garden house, for the purpose of construction or reconstruction of which a notice of planned construction was submitted, including setbacks from the boundaries of the land plot;

7) information that the individual housing construction project or garden house is not intended to be divided into independent real estate objects;

postal address and (or) email address for contacting the developer;

9) method of sending notifications to the developer.

The form of notification of planned construction is approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of construction, architecture, and urban planning (Ministry of Construction of the Russian Federation).

The notice of planned construction shall be accompanied by:

1) title documents for the land plot if the rights to it are not registered in the Unified State Register of Real Estate;

2) a document confirming the authority of the developer’s representative, if the notification of the planned construction was sent by the developer’s representative;

3) a certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state if the developer is a foreign legal entity;

4) a description of the external appearance of the individual housing construction project or garden house if the construction or reconstruction of the individual housing construction project or garden house is planned within the boundaries of the territory of a historical settlement of federal or regional significance

The body authorized to issue construction permits, within seven working days from the date of receipt of the notification of the planned construction, after checking the documents submitted by the developer, will send him a notification about the compliance or non-compliance of the individual housing construction project (garden house) with the established parameters and the admissibility (inadmissibility) of its placement on the land plot.

Main problems and difficulties

At the stage of preparation and approval of a redevelopment or reconstruction project, additional technical and design documentation may be required. In particular, an increase in the area of ​​the building after reconstruction will require passing a technical inventory - they are drawn up

floor plans, explications, etc. Expert organizations also carry out inventory work.

If approval of the redevelopment was not carried out before the start of work, legalization through administrative or judicial procedures is allowed. This will also require a draft of the planned works and

technical report on the safety of building structures. If the authorized services refuse to approve the submitted documents after the work has been carried out, it is possible to achieve legalization through the courts.

If reconstruction is carried out in the absence of permits, state and municipal authorities have the right to initiate administrative proceedings. As a result of prosecution, the owner may face a significant fine.

CoAPRF. It should also be taken into account that without approval of the work performed and the commissioning of the facility, it is not allowed to use the property.

During redevelopment and reconstruction, special attention is paid to the safety of work on load-bearing structures.

Technology for reconstruction of existing buildings

When expediently reconstructing existing buildings and structures, it is necessary to take into account many factors that determine construction activity and the appearance of which is due to the following reasons:

• change (increase) loads on foundations;
• intensive growth in the use of the adjacent territory, in which redevelopment is almost always carried out;
• cramped conditions of the construction site under which work is carried out;
• the need to modernize existing utilities with the subsequent laying of new ones.

Useful tips

Independent approval of redevelopment and reconstruction is fraught not only with delaying the procedure for many months, but also with monetary costs and the risk of refusal to approve the project. These adverse consequences can only be avoided with the help of professional specialists from an expert organization that is a member of a self-regulatory organization and has SRO approval.

When preparing documentation for approval, use the following recommendations:

• the choice of an expert organization must be made taking into account the professionalism and experience of specialists in the specified field of activity - only in this case will you receive a guarantee of the correct execution of all documents and a positive result upon approval;
• if necessary, legalize unauthorized

redevelopment or reconstruction, direct application to the authorized body will inevitably entail the imposition of a fine - only the help of professional specialists will allow you to comply with all the nuances of the administrative or judicial procedure for approving the work performed;

• differentiation of types of work between

redevelopment and reconstruction often presents difficulties - eliminating such difficulties is within the authority of the expert organization in preparing the project and technical report.

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Since the rules for issuing a technical report are valid only in Moscow, this document is not issued in other regions of the Russian Federation. To clarify which municipal authority is responsible for approving the redevelopment project or issuing a permit for reconstruction, we recommend using the information on the official websites of local authorities. The cadastral registration procedure on the territory of the Russian Federation is carried out when contacting the territorial division of Rosreestr or Multifunctional Centers.

technical plan

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How is already completed reconstruction coordinated?

Carrying out reconstruction without obtaining a building permit is prohibited by law. Violation of this rule results in liability under Article 9.5 of the Code of Administrative Offenses of the Russian Federation. Legal entities face a fine of 500 thousand rubles. up to 1 million rubles, with administrative suspension of activities. For individuals and individual entrepreneurs, penalties will be less.

The law makes no mention of the rules for legitimizing reconstruction that has already been carried out. If construction work is carried out without formalizing the project and applying for permission from the administration, you can try to legalize it through the court. It is almost impossible to do this without the support of experienced lawyers and design experts.

For legalization, you will have to order engineering surveys, a design and an expert opinion. Completed documents must be submitted to the municipality according to the general rules. The issuance of permission for reconstruction will most likely be refused, since the law allows approval only before the work is completed. Documents confirming the fact of contacting the administration must be attached to the statement of claim to the court. The court can make a positive decision if it is confirmed that compliance with safety requirements, building codes and regulations when performing work.

At the final stage of legalization, it is necessary to enter information about the new characteristics of the building in the Unified State Register of Real Estate. To do this, you need to order a technical plan and contact Rosreestr or MFC. After passing cadastral registration, the owner will receive a new USRN extract.

Expert commentary . By contacting the Smart Way company, you can be sure that the documentation for obtaining permission or legalizing reconstruction is completed correctly.

Cases of Smart Way LLC

Case 1. In this example, part of the premises of the first floor of a shopping center. Our specialists helped draw up lease agreements and put parts of the premises on temporary cadastral registration. The technical plan for part of the building was drawn up strictly in accordance with Order of the Ministry of Economic Development No. 953.

Case 2. In this example, part of the trading floor, which was allocated for rent to an individual entrepreneur. After the technical plan was completed, temporary cadastral registration was completed.

Do-it-yourself reconstruction of an old house

A residential building reconstruction project requires an estimate for materials and construction work. Often it is the financial issue that becomes an obstacle to the owners’ dreams of cozy and modern housing.

For many, the only way to improve their living space is to find ways to save money. The use of cheap but low-quality materials is a sure sign that another restructuring is imminent.

In poor rural areas, where the reconstruction of a wooden house does not even a priori involve the work of professional construction organizations, one has to rely on the experience of generations and self-taught neighbors. Wooden structures are prone to rotting and swelling, which leads to distortions in the house as a whole. Therefore, you should not refuse the help of professionals in the matter of upgrading load-bearing structures.

Relocation to residential premises of a maneuverable fund

When carrying out repairs that can be classified as capital, or reconstruction work, if such actions cannot be carried out without evicting a party, the other party’s responsibilities include providing housing without terminating the social tenancy agreement.

During such repairs or reconstruction work, residents are provided with flexible residential premises. If the tenant refuses such housing, the other party may demand this, but in the courts.

Thus, the residential premises of the flexible fund are intended for the temporary residence of people under an agreement to rent a social apartment for the period of major repairs in their main home.

Responsibility for work without approval

Reconstruction for which permission has not been obtained will result in fines for the violator. In addition, the property owner may be forced to return the property to its original appearance.

Important! If changes made without permission do not violate the rights of other property owners or neighbors, they can be legalized.

To reconstruct his apartment, the owner must obtain permission to carry out repair and construction work. If the owner decides to sell the property that does not comply with the plan, he will face many troubles.

Relocation to another premises under a social tenancy agreement

It is worth noting that relocation is carried out exclusively at the expense of the landlord. If a party is unable to provide housing in a fund that can be classified as flexible, it provides another housing of a comfortable type. In this case, the social employment agreement is terminated. If a rental agreement for residential premises of a flexible fund is concluded, the rental agreement of a social nature remains in force.

When deciding on resettlement issues, it is necessary to be guided by the so-called administrative regulations, which operate at the municipal level.

Administrative regulations prescribe the conditions for the resettlement of citizens, the timing of this process, as well as the procedure for providing other premises.

At its core, repairs that can be classified as capital repairs are works designed to restore the resources of a building. If necessary, structural elements are replaced, as well as various engineering systems. As for reconstruction, these are construction works and technical measures in which the area and number of apartments, their capacity, throughput capacity, and so on can be changed.