Technical passport without red lines in 2021

When can redevelopment be legalized?

In accordance with the provisions of PP No. 508, redevelopment with red lines can be coordinated if:

• the redevelopment did not cause an emergency;
• The simplest work was carried out in the room without dismantling the load-bearing walls;
• as a result of the work carried out, the living conditions of the neighbors did not worsen;
• the operational characteristics of the building have not deteriorated.

Redevelopment can be legalized on the basis of a technical report prepared by the design organization. You can order a technical report with SRO approval and all the necessary documentation for submission to the Moscow Housing Inspectorate (the list of documents is determined by PP No. 508) or a full cycle of approval from me by sending an application by mail or by calling.

How to get rid of red lines

Creatures have two main ways to get rid of red lines. The first is to return the apartment to its previous state before the illegal redevelopment. This method of solving the problem is probably not suitable for everyone.

The second way: to legalize the redevelopment of the apartment. However, it is possible to legitimize an uncoordinated redevelopment only if the changes made are not prohibited. Otherwise, it will not be possible to coordinate the redevelopment of the apartment.

It will be impossible to legitimize the redevelopment if during it the supporting structures were dismantled and other prohibited work was carried out. These include combining a gasified kitchen with a room without a partition, combining a living room and a balcony without a ceiling. It is also impossible to legitimize the redevelopment if, during the expansion of the bathroom, its area turned out to be above the living quarters of the neighbors below.

The housing inspection will not approve redevelopment if, as a result, the living conditions of neighbors have worsened, and the operational characteristics of the building have also become worse.

And if you are interested in how much it costs to remodel an apartment, read our article by clicking on the link.

You may need a technical opinion from the author of the house if the changes made were quite serious: for example, load-bearing walls were affected.

Separately, it is worth mentioning the approval of redevelopment in non-residential premises. The package of documents for this procedure is standard, and it is almost the same for both individuals and legal entities. They will also need a charter of the organization, certified by a notary, and an opinion from Rospotrebnadzor. Read more about how to get approval for the redevelopment of non-residential premises here.

Red line coordination

By law, it is possible to legitimize both planned and completed redevelopment. In the first case, coordination occurs according to the following plan:

1. Drawing up a technical report and redevelopment project. In some HOAs, project documentation must be agreed upon with the management company.
2. Submitting a package of documents to the Housing Inspectorate:
   statement;
3. author's supervision agreement;
4. design documentation;
5. notarial consent of home owners;
6. technical report;
7. approval of the SRO of the design bureau;
8. USRN extract, etc.
9. Obtaining official permission.
10. Acceptance of work by the selection committee after the permitted repairs have been carried out with the drawing up of a certificate of completion of the redevelopment.

If the redevelopment has already been carried out, then you need to call a BTI technician to certify the repair work. The engineer will check their compliance with the technical report and draw up an act on changes to the layout. Based on this act, you can obtain a BTI with black lines.

RF Armed Forces: you can challenge red lines without applying for a construction permit

The owners of the building, located on land leased from the state, accidentally learned that red lines were running through their building. They tried to challenge in court the territory planning project that approved them. The courts dealt with whether red lines affected the interests of administrative plaintiffs if they did not apply for permission to construct or reconstruct a building.

The store building is owned by several persons. It is located on a plot of land that the owners of the building rent from the regional Department of State Property and Land Relations. The agreement was concluded in October 2021 for a period of 49 years.

The building was built before 2001. The owners acquired the rights to it in 2005-2013.

The land plot has been registered in the cadastral register since 1998 and has the type of permitted use “for a store.”

The essence of the dispute

The owners of the building planned to add a second floor.

To obtain permission for reconstruction, in 2021 they ordered an urban planning plan for the land. From it, the owners found out that in 2009 the city mayor approved a territory planning project, according to which the land plot and the store building were partially located outside the red line and the planned red line - on public territory.

The owners filed an administrative claim against the city administration. They asked to declare the territory planning project invalid in terms of approving the red line running through the land plot and the building of their store.

Conclusions of the courts

The first instance and appeal satisfied the administrative claim. They noted that the boundaries of the territorial zones:

• are established, including taking into account the existing use of land plots, the existing layout of the territory and existing land use,
• must meet the requirement that each land plot belongs to only one territorial zone (subclauses 1 and 4 of part 1 of article 34, part 4 of article 30 of the Civil Code of the Russian Federation).

In this case, the red line is established without taking into account the existing property. This creates a threat of violation of the plaintiffs’ rights to dispose, own and use this object.

The Administration's argument that the plaintiffs did not apply for permission for reconstruction was not accepted by the courts.

The cassation did not agree with the court's decision. The plaintiffs did not apply for permission for reconstruction, which means the contested normative act did not apply to them. The mere presence of red lines on a leased land plot does not, according to the cassation, indicate an alleged threat of violation of the rights of administrative plaintiffs.

Position of the RF Armed Forces

The RF Supreme Court did not agree with the conclusions of the first cassation and returned the case for a new consideration.

He noted that the red lines were established when the site was already registered in the cadastral register, and the building was owned by the plaintiffs. They learned about the red lines by accident when applying for an urban planning plan. Based on this, the contested normative act obviously affects the rights and legitimate interests of the administrative plaintiffs.

Cassation ruling of the RF Armed Forces dated 02/03/2021 No. 80-KAD20-7-K6

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Tags: Supreme Court of the RFKAS RFred linesreal estatechallenging the normative actshortread

How to approve redevelopment with red lines through the court: step-by-step instructions

Redevelopment is often legalized in court. The approval procedure consists of the following stages:

1. Call a measurer from the BTI if the changes made have not yet been recorded in the technical certificate. After taking inventory of the premises, the engineer stamps the redevelopment and issues a technical report on the integrity of the load-bearing structures (if they were not affected during the repair).
2. Submitting documents for approval of the new layout to the Housing Inspectorate.
3. Appeal to the district court in case of refusal by the Moscow Housing Inspectorate to approve the redevelopment. When considering the case, a construction and technical examination will be assigned. During this process, a commission will come to the apartment to assess the property for compliance with construction, fire and sanitary standards. If there are no violations, the inspector will issue a report on the completed redevelopment.
4. Registration of a technical passport with new data.

Online calculation of the cost of redevelopment

Sale of apartments with red lines in BTI

Selling apartments with red lines in the BTI can scare away all buyers with a mortgage. Since it’s easier for them not to contact you, but to find another apartment.

When carrying out the inventory measurement procedure, representatives of the BTI bodies check and compare the compliance of the actual condition of the property with the data previously entered in the technical passport. If any inconsistencies, deviations and other “sins” are detected, the so-called BTI red lines appear. They are drawn where inconsistencies were found, i.e. planning violations. But the matter is not limited to red signs. In the technical passport of the property, namely on the sheet with the plan, the stamp “Permission to carry out the re-equipment has not been presented” is placed.

It is useful to know that red markings do not always convey information about the dismantling, construction of walls or completed openings. In the same way, changes resulting from the reinstallation of this or that equipment in the bathroom, kitchen, or toilet are indicated.

How to legalize a new redevelopment

If you need to make repairs and legalize a new redevelopment if you have an old BTI plan with red lines, you can (optional):

• coordinate the existing layout;
• bring the home back to its original appearance.

Only after this should you contact the Moscow Housing Inspectorate for legalization of all changes.

Important! It is impossible to approve a future redevelopment in the BTI without legitimizing the previous one if there are already red lines on the plan.

If a small renovation has been done and the layout of the apartment has changed slightly, then it is better to quickly return everything to its place, call a surveyor and draw up a BTI plan in black lines. After this, you can register the redevelopment as planned.

If it is impossible to restore your home to its original form or this will require a lot of effort, time and money, you need to act differently:

1. Make new repairs.
2. Call a BTI engineer to certify the repair.
3. Receive BTI documents with new red lines.
4. Pay a fine of 2.5 thousand rubles. (the amount of the fine is current at the time of writing).
5. Agree on a new redevelopment.

What threatens the owner if the plan of his apartment is marked with red lines

Experience shows that most unauthorized redevelopments are detected for one reason or another, and then they are marked on the floor plans of apartments. Often vigilant neighbors may complain or be caught by a scheduled inspection of the apartment, or you, not knowing about the existing illegal redevelopment in your place, want to do another one, and the housing inspectors will oblige you to first legalize the old renovation.

However, red lines are not so bad. They do not in any way affect the safety of you and others, but unauthorized changes in the layout can. So, you decided to remodel an apartment in an old house, intending to install a more spacious one instead of an ordinary bath, or make a solid podium from heavy cement. It may happen that the ceilings here, wooden and heavily worn by time, have rotted. In this case, you are very much risking your own and other people’s lives, perhaps without even realizing it. And of course, no one will legitimize such redevelopment; everything will have to be returned.

Another stumbling block is transactions of purchase and sale, donation, and inheritance. They will be problematic if there are red marks on the BTI plan. And you will definitely need this plan when making financial transactions with real estate.

Even if all the lines on the plan are black, the potential buyer's realtor will notice that there are discrepancies. As a result, you will have to sell your home 20 percent cheaper or legalize the redevelopment, which results in financial and time costs.

In what cases is agreement impossible?

It is not always possible to remove red lines and legitimize uncoordinated redevelopment. The category of non-consensual changes includes:

• removal and change of wet areas (if the apartment is not located on the first floor);
• dismantling the balcony block with the combination of a room and a loggia;
• combining a kitchen with a room without separating them with a sliding door (in gasified houses);
• installation of radiators on loggias and balconies.

In all these cases, in order to remove the red lines, it is necessary to restore the housing to its original condition.

Conclusion

Almost any redevelopment with red lines can be legalized and approved. You just need to develop the necessary technical documentation and attach an SRO approval.

How to remove red lines in the BTI plan of an object

How to remove red lines in the BTI plan as quickly as possible? As we said earlier, removing the red lines or leaving them on the plan is up to you. If you have redeveloped a property, then of course you need to coordinate it, but definitely not with the Technical Inventory Bureau.

You can order a floor plan of a property without red lines from the Smart Way company. We take measurements of real estate and draw accurate plans of buildings and premises that comply with all current norms and regulations. Such documents will be useful to you for renting premises, preparing evacuation plans and other personal use.