Reconstruction in an apartment building: not ALL owners' consent is required!

Redevelopment and reconstruction of premises

The Housing Code of the Russian Federation clearly regulates the procedure for reconstruction and redevelopment of residential premises. Art. 40 states that the owner has legal grounds to merge the apartment he purchased again with the adjacent premises that already belonged to him. Reconstruction and redevelopment of residential premises is possible only if the transformation of the boundaries of these adjacent territories does not entail a change in the total area of ​​the property or the share of common shared ownership in the apartment building.

However, it is worth remembering that remodeling and remodeling are different methods of modifying buildings. Art. 25 of the RF Housing Code distinguishes between these two concepts. So, what is a redevelopment in an apartment, and what is a refurbishment?

Redevelopment of an apartment is a process that entails a change in the configuration of the apartment, which upon completion requires making all changes to the technical passport of the object.

Reconstruction of a residential premises is a modification process that involves the installation, replacement or complete transfer of engineering, sanitary or electrical networks, which requires legalization of changes by introducing new data into the technical passport.

Redevelopment and redevelopment of non-residential premises are also available to the owners of such buildings, since federal legislation does not prohibit such transformations. The main thing is to follow the law, observing the procedure described in the regulations.

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.

Reconstruction of premises in an apartment building

Reconstruction of an apartment or non-residential premises causes a lot of controversy among owners of living space in apartment buildings. And this is due to the very complexity of the process of such modifications. If you turn to the Housing Code of the Russian Federation for clarification, it is impossible to find a definition of what reconstruction of premises is. This is due to the fact that this term is purely technical. Therefore, the definition is indicated in the Town Planning Code of the Russian Federation.

Thus, reconstruction is a global change in the parameters of objects that belong to the category of capital construction, as well as modification of their parts and the quality of engineering equipment and networks. In this case, we are talking about increasing the height, area of ​​premises and the number of floors, building a loggia or balcony, which may affect changes in production capacity indicators (Article 1, Part 14 of the Civil Code of the Russian Federation).

Many ordinary people confuse two terms - reconstruction and re-equipment of buildings, which is a serious mistake that can lead to serious consequences. Let us remind you once again that reconstruction is a technical term interpreted by the State Construction Committee of the Russian Federation, while re-equipment refers to the redevelopment of buildings, moreover, for residential purposes.

Conditions for reconstruction, redevelopment and redevelopment

Re-equipment and redevelopment of residential premises is a very complex and painstaking procedure that requires compliance with certain rules, including the legalization of changes. In particular, re-equipment and reconstruction of the building is impossible without approval from local authorities. In other cases, the reconstruction is uncoordinated, which requires the owner to legalize the redevelopment of the apartment as soon as possible.

In order for the illegal redevelopment of an apartment to be approved, it is necessary to provide a whole package of documents:

• an application from a person for re-equipment, redevelopment or reconstruction of a residential premises, in which case it is necessary to indicate their types: individual or joint;
• documents that confirm the fact of ownership of the property in which the redevelopment of residential premises is planned;
• an apartment redevelopment project, which will be drawn up and executed in accordance with the procedure established by Russian legislation;
• technical passport of the residential premises, which will be amended to indicate that re-equipment or reconstruction has taken place;
• consent from all owners and family members of the premises within the framework of which the refurbishment or reconstruction will take place, fixed in writing;
• act received from the authority for the protection of architectural, historical and cultural monuments. This act contains information about whether the apartment building is a protected object in which redevelopment of the premises is planned.

According to Art. 26 of the Housing Code of the Russian Federation, the body that issues an agreed upon act or permission to redevelop an apartment does not have the right to demand a different package of documents from the owner of the premises. In other words, the owner only needs to provide the specified list of papers, which will allow the redevelopment of the premises to be legalized. The local government body issues a receipt to the person for receiving the documentation and must make a decision within 5 days - to approve the redevelopment of the premises or to refuse.

After the act or permission to redevelop the apartment is issued by a decision of the local self-government body, the document is sent to the applicant within 3 days. In this case, the act can be sent by mail, which does not contradict the law. Only by observing this procedure can the owner begin to reconstruct the premises, regardless of its types. Otherwise, an uncoordinated, illegal redevelopment of the apartment will be carried out.

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.

Grounds for refusal to redevelop residential premises

Local authorities may put forward a decision to refuse the owner approval. In most cases, the reason for this is a violation of the order, which implies registration of apartment conversion. In addition, the following facts determine refusal:

• the apartment redevelopment project does not meet the requirements set forth by modern legislation of the Russian Federation;
• registration of redevelopment of premises and coordination of this process is impossible if an incomplete list of required papers is provided;
• The applicant submitted documents to the wrong authority.

The decision on whether registration will be carried out or not is also sent to the owner by mail. The legislative procedure provides for the mandatory condition of indicating the reason for the local government’s refusal to legalize the redevelopment of an apartment.

In addition, reconstruction of premises is not allowed if:

• redevelopment worsens the conditions in which citizens will live, and also complicates access to the shutdown mechanisms of the main utilities;
• the house is registered with the headquarters of civil defense and emergency situations;
• multi-apartment buildings are classified as emergency buildings that are unsuitable for habitation;
• the reconstruction affects the ventilation system, reducing or completely eliminating air circulation channels;
• reconstruction increases the load on the supporting structure itself, which may lead to its collapse.

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.

Final steps and commissioning of the premises that have undergone redevelopment

After all types of work have been carried out, an acceptance committee report is drawn up, which confirms the legality of the re-equipment. At the same time, the apartment redevelopment project and the final modifications are compared. After the act is issued by the local self-government body, it is sent to a specialized body that will carry out state registration.

If the procedure for redevelopment of the apartment was violated, then by a court decision the owner may be obliged to restore the premises to its original appearance. In this case, the period for restoration work is limited by a court decision. Uncoordinated redevelopment or reconstruction of a building may be left unchanged if the owner can prove that the modification does not infringe on the interests of other citizens, and does not cause harm to health or pose a threat to life.

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