Rules and regulations for redevelopment of apartments in accordance with regulations and requirements

Redevelopment of an apartment is certain changes made to the original design of the premises, information about which must be included in the technical passport of the residential property. What the residents do: they break down or put up walls, move doorways. The goal is to fight for more efficient use of apartment space. True, everyone has their own understanding on this issue. And God bless them with their understanding, the main thing is that they do not endanger their lives and the lives of their neighbors.

Redevelopment can be considered activities related to changes in structural elements inside the premises. Thus, moving walls or non-load-bearing partitions entails a change in the plan in the linear plane of residential and non-residential space. Also, relocation can be considered a relocation of doors if there are solid walls in their old location.

The procedure for redevelopment of apartments

The procedure for redevelopment of apartments is regulated by the Housing Code of the Russian Federation. The list of specific construction actions that relate to changes in the design of the premises is given in paragraphs. 1.7.1 Resolution of the State Construction Committee No. 170 dated September 27, 2003.

In order for the work to be carried out according to the law, the owner must obtain a document called “Redevelopment Approval”. It is issued within eight months. Issues related to housing redevelopment are regulated by Art. 25 and 26 Housing Code of the Russian Federation. They provide a definition of this concept and provide the grounds for redevelopment of the premises, a list of papers for registering the procedure. Based on Chapter 4, Art. 26 of the Housing Code of the Russian Federation, all work to change the design of the premises must be carried out only with the consent of the Housing Commission. In Art. 19 of the RF Housing Code defines a technical passport. It contains information about the apartment and its compliance with established standards.

Carrying out reconstruction

According to Art. Housing complex of the Russian Federation, reconstruction is considered to be the change, replacement or installation in the apartment of various engineering networks, electrical equipment, plumbing or other equipment, after which the necessary amendments are made to the cadastral passport. At the same time, during redevelopment, a larger overhaul of the premises is carried out. In this situation, they dismantle large and small interior partitions, increase the living space by adding a storage room, etc.

These changes are also recorded in the cadastral passport.

What can you do

According to clause 1.7.1 of the Resolution of the State Construction Committee of the Russian Federation No. 170 of September 27, 2003, when renovating an apartment without approval, the following repair work is carried out:

installation of various electric stoves;
transfer of water heaters, KGI;
installation and reconstruction of outdated toilets and bathrooms;
laying 1 or several new or replacing outdated pipelines, electrical networks and various devices when installing shower cabins, Jacuzzi bathtubs, automatic washing machines, etc.

When remodeling an apartment, the following legal actions are performed:

connect the kitchen with the hall or other adjacent room. Then another doorway is installed in the wall;
build an open interior arch - connect the kitchen with the hall or another room;
increase the area of the bathroom or toilet due to part of the corridor. In this case, the floor in the bathroom is 3-5 cm lower than the hallway flooring;
they stretch new plastic or other pipes and move the water tank of the sewer riser in the bathroom from one place to another. At the same time, the drainage angle is maintained;
insulate the balcony with glass.

Important! When renovating housing without prior approval, consult with an engineer or highly qualified designer in advance. After the redevelopment is completed, a housing inspection specialist is invited, who draws up an acceptance committee report. Based on this document, in the future they will receive a new BTI plan and an extract from the Unified State Register of Real Estate.

What work cannot be carried out without permission

When renovating an apartment, the following actions are prohibited:

demolition of load-bearing interior structures or disruption of the stability of apartment walls;
an increase in kitchen space, a significant expansion of a bathroom or small bathroom at the expense of living rooms;
combining a hall or other room with a kitchen where there is a gas stove;
demolition or disruption of the operation of communal heating radiators and radiator pipes connected to them;
arrangement of a toilet or bathroom in a place where the residents have a living room below;
provision of underfloor heating through central heating systems;
expansion of a small balcony at the expense of the hall or another nearby room (with the exception of the construction of arches up to 1 m wide);
apartment redevelopment and refurbishment in a residential multi-storey building, which is recognized as unsafe;
disruption of the functioning of various ventilation systems at home;
construction of an attic;
attic conversion.

Attention! Reconstruction in the kitchen is carried out only if there is at least 1 window opening there. When opened, the windows provide good illumination of the kitchen area, natural exhaust of various harmful odors and fumes, and also quickly ventilate gas leaks.

Non-residential premises

Detailed information on the organization of re-equipment and redevelopment of various non-residential premises is specified in the Decree of the Government of Moscow No. 508 of October 25, 2011. Such objects have a number of features that are given in the Law of the Russian Federation of July 21, 1997 No. 122-FZ.
When carrying out major repairs in these places, approval is also required for reconstruction and other similar work. According to the law, redevelopment is also carried out in a variety of non-residential premises. For example, this is done in offices that are located in office buildings. To obtain official permission to carry out such repair work, they go to the architecture department.

Important! During any major apartment renovation, the specific purpose of non-residential or specific residential premises is preserved.

For example, a new grocery store is not opened in a formal conference room.

How to legitimize

Official permission to carry out unauthorized redevelopment in an apartment or private house is often obtained by going to court (Part 4 of Art. LC RF).
In this situation, perform the following actions:

File a claim in the local district court;
Collect the necessary documentation above;
They pay a state fee of 300 rubles. and the receipt is added to the package of documents;
They come to the court hearing;
Conduct a separate examination (if necessary);
Receive a court decision.

Attention! After receiving a positive court decision, a new cadastral passport is issued. If the claim is refused, an appeal must be filed within 1 month.

What redevelopment can be done in 2020 without permission?

Which does not require permission from authorized representatives of regulatory authorities. So what kind of redevelopment can be done without permission. The notification procedure is provided for when carrying out the following work:

• when rearranging appliances in the bathroom and kitchen;

• when rearranging any plumbing fixtures inside the designated area;

• when installing non-load-bearing partitions in a room.

In a residential area, you are allowed to do the following without approval:

• seal doorways in supporting structures;

• install new glass on loggias or balconies in accordance with standard projects;

• eliminate or change the shape of utility rooms without increasing the total area;

• install partitions between living rooms without increasing the design loads;

• completely or partially disassemble non-load-bearing elements - this does not apply to cases when inter-apartment partitions are replaced.

It is important to remember that any measures within the framework of reconstruction must be carried out in such a way that the integrity of the building itself is not violated in the process, and the condition of neighboring apartments does not deteriorate. In other words, if a decision is made to dismantle non-load-bearing partitions, the interested party must take care of compliance with existing building codes. In any case, the installation of new doorways is not prohibited. It is worth noting that after notification, all work must be accepted by employees of the territorial housing inspection.

General information and summary of the law

The Housing Code of the Russian Federation is considered the main legal act, which talks about how, according to the law, it is correct to carry out the refurbishment and redevelopment of your own apartment.
The procedure for carrying out such work is prescribed in Chapter. 4, Art. - Residential Complex of the Russian Federation. According to the new law of the Russian Federation dated December 27, 2020 No. 558-FZ on the reconstruction and redevelopment of apartments and various non-residential premises, some changes have been made to Chapter 4 of the Housing Code of the Russian Federation. The list of specific repair works is listed in Decree of the State Construction Committee of the Russian Federation No. 170 dated September 27, 2003 and Decree of the Moscow Government No. 508 dated October 25, 2011.

Article 25 of the Housing Code of the Russian Federation “Types of reconstruction and redevelopment of premises in an apartment building”

Article 26 of the Housing Code of the Russian Federation “Grounds for reconstruction and (or) redevelopment of premises in an apartment building”

Article 27 of the Housing Code of the Russian Federation “Refusal to approve the reconstruction and (or) redevelopment of premises in an apartment building”

Article 28 of the Housing Code of the Russian Federation “Completion of reconstruction and (or) redevelopment of premises in an apartment building”

Article 29 of the Housing Code of the Russian Federation “Consequences of unauthorized reconstruction and (or) unauthorized redevelopment of premises in an apartment building”

Federal Law of December 27, 2018 No. 558-FZ “On amendments to the Housing Code of the Russian Federation in terms of streamlining the rules governing the reconstruction and (or) redevelopment of premises in an apartment building”

Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 “On approval of the Rules and Standards for the technical operation of the housing stock”

Decree of the Moscow Government of October 25, 2011 No. 508-PP “On the organization of reconstruction and (or) redevelopment of residential and non-residential premises in apartment buildings and residential buildings”

Innovations

The main innovations that relate to major repairs in residential premises are reflected in the Federal Law on Re-equipment and Redevelopment No. 558 of December 27, 2020. As of 2020, the following changes entered into legal force:

Now, before apartment redevelopment, the department of urban planning architecture (in the local administration) does not take a certificate confirming that the apartment belongs to the number of architecturally significant structures and buildings;
if a specific property is already in the Unified State Register, then the title documentation (Extract from the Unified State Register) is also not provided to the SES, housing inspectorate and other supervisory authorities.

Important! Coordination of apartment redevelopment is carried out in a specific government agency.

For Moscow, this is considered the Moscow Housing Inspectorate and its branches in various administrative districts.

According to clause 9 of the Law of the Russian Federation of December 27, 2020 No. 558-FZ on the redevelopment of apartments and various non-residential premises, in clause 3 of Ch. 4 of the RF Housing Code specific amendments have been made. Such changes concern the reconstruction of real estate objects that are classified as the common property of a new or old apartment building.

Main change: start of work only after approval

In 2020, approval for reconstruction (re-equipment) or redevelopment of an apartment or other living space is carried out before the start of major repairs. In this situation, along with the application to the BTI, they provide the following documentation:

Personal passport;
A photocopy of the sketch or project;
Official permission from the Housing Inspectorate;
Technical official report on the condition of load-bearing structures. Such a document is obtained from a specific design organization that has SRO approval;
New cadastral passport.

Read also: How to write a complaint against Rostelecom?

According to clause 5 of Federal Law No. 558 of December 27, 2020 on reconstruction (re-equipment) and redevelopment, in clause 2 of part 5 of art. 20 of the RF Housing Code some changes have been made. In 2020, officials from the housing inspectorate, SES and other similar offices conduct an inspection of a certain apartment only with the consent of more than 50% of the owners or tenants of housing under a social tenancy agreement .

The need for approval

According to Art.
Housing complex of the Russian Federation, according to the law, redevelopment is a significant change in the structure of an apartment or other similar housing, which is recorded in the cadastral passport. If, after carrying out such a major overhaul, the shape, strength and other characteristics of the walls, floors, and ceilings do not change, then they will immediately begin arranging the apartment. In extreme cases, they are not approved by Rospotrebnadzor, SES, Pozhnadzor and other similar authorities. This is possible in the following situations:

when installing a partition made of plasterboard, insulation in the form of polystyrene foam and other non-permanent materials in the room;
when replacing an old electric or gas stove with a new one;
when installing a satellite dish, split system or television antenna;
during the construction or dismantling of an apartment vestibule.

According to clause 13 of the Law of the Russian Federation of December 27, 2020 No. 558-FZ on reconstruction (re-equipment) and redevelopment, in clause 3.1 of Art. 44 of the RF Housing Code some amendments have been made. Now, at the general meeting of apartment owners, a list of persons is determined who, on behalf of the owners of residential premises, provide the necessary documentation for the approval of major repairs on a certain living space.

Previous restrictions

The new Law of the Russian Federation dated December 27, 2020 No. 558-FZ on the redevelopment and reconstruction of apartments does not establish any new restrictions on such work - the previous prohibitions remain in force.
According to Moscow government decree No. 508 of October 20, 2011, the following actions are unacceptable when carrying out such major repairs:

dismantling of common pipeline systems and sewerage that are laid through the entire multi-storey residential building;
destruction of the load-bearing walls of the building;
expansion of living space to the detriment of its neighbors on all floors;
combining a kitchen (with gas stoves) with a hall, corridor or other similar room;
combining a loggia or standard balcony with any room.

Important! Consent for apartment redevelopment is signed by all adult apartment owners. If at least one of the owners objects, then such major repairs will be declared illegal.

Departure of a special commission from the housing inspection

If the approval of apartment redevelopment is carried out not according to an approved specific project, but according to a sketch, then a special commission is created in the housing inspection and sent to the place where such repair work is carried out.
Previously, a sketch of future apartment changes was drawn by hand on a technical plan. Now employees of the Housing Inspectorate must come to a specific site, regardless of the scale of the repair work being carried out.

New buildings: carrying out major repairs before official registration of ownership rights

Some important changes have also been introduced into the procedure for apartment redevelopment and refurbishment in a modern new house - in a new building. Now such repair work is approved before the official registration of ownership of a specific apartment. In this situation, the BTI provides the following documentation:

An agreement for participation in shared construction or another similar document that confirms the assignment of rights to housing;
The act of transferring a specific apartment;
A photocopy of the permit to put a new multi-storey residential building into operation;
Official consent of a specific developer (stamped document) to carry out major repairs in the apartment;
A confirming official document from the official developer confirming that the applicant has fulfilled all obligations assigned to him under the concluded agreement for participation in shared construction;
Certificate of assignment of a specific address to a multi-storey residential building;
Evidence that the official address is the same as the postal address.

Attention! After registering the ownership of a specific apartment with the local MFC or Rosreestr, approval of apartment redevelopment in a new building is carried out according to the same rules as in various old buildings.

No longer valid

Previously (until 2020), certain types of apartment redevelopment required mandatory permission. The following repair work is no longer approved:

replacement of outdated plumbing fixtures in the bathroom, bathroom and kitchen;
installation of a water heater and geyser;
changing various gas equipment and room batteries without changing their location, etc.

Peculiarities

The cost of apartment redevelopment is directly related to the following factors:

Receiving paid legal assistance from a lawyer;
The size of the living space;
The scope of future repair work;
Deadline for obtaining official permission;
The region in which the owner of the property is registered.

In Moscow, apartment redevelopment is carried out for 20,000-150,000 rubles, and in the regions - for 3,000-80,000 rubles.

Perfect makeover

An ideal conversion should satisfy the owner's requirements and at the same time not violate the following standards:

• maintaining the integrity of load-bearing structures - floors, diaphragms, crossbars, and so on; • ensuring stable ventilation in the room; • compliance with all limits established for the vast majority of residential and utility premises.

It is important to remember that each interested party can request an up-to-date floor plan from authorized employees of the organization in the territorial department of the BTI.

Regulatory acts

Residents, who may also be the current owners of the apartment, cannot independently decide on the implementation of measures as part of the redevelopment. Current issues are regulated by the Housing Code of the Russian Federation in accordance with relevant federal legislation.

Requirements for the reconstruction of residential premises are prescribed in the provisions taken into account in SNiP 2.08.01-89, SNiP 2.04.05-91 and SP 54.13330.2011.

Most often the requirements concern:

maintaining the stability characteristics of the entire structure;
the nature of the location of heating systems and ventilation;
placement of lighting elements;
sanitary and hygienic standards, as well as general requirements for redevelopment.

An ideal conversion should satisfy the owner's requirements and at the same time not violate the following regulations:

maintaining the integrity of load-bearing structures - floors, diaphragms, crossbars, and so on;
ensuring stable ventilation in the room;
compliance with all limits established for the vast majority of residential and utility premises.

It is important to remember that each interested party can request an up-to-date floor plan from authorized employees of the organization in the territorial department of the BTI.

Where to complain if illegal redevelopment of an apartment occurs

Residents of the building should report their concerns to housing department employees who have access to the living space. Imagine when your neighbors have a powerful hammer drill, pieces of the wall fall with a roar, the entire entrance shakes, cracks appear in the walls of many apartments - there is no time for reasoning. If there is a suspicion of demolition of load-bearing walls, residents of the entrance should take control of the situation. A timely complaint from neighbors can stop the terrible consequences of the work being carried out.

You must act quickly and decisively in the following order:

1. If the redevelopment is illegal, then first we write a statement, which is sent to the management company (housing department). The organization will send a commission to confirm the illegal actions of the owner.

2. If there is no action on the part of the HOA, the complaint is submitted to the Housing Inspectorate.

3. If the inspection does not respond within a month, then an application is written to the prosecutor’s office, which notes the fact of inaction of the lower authorized body.

4. The final authority for citizens to appeal is the court. A lawyer will help you prepare a claim; you can consult with him online.

If redevelopment is carried out in municipal housing, then you need to complain directly to the owner, i.e., the municipality. Local authorities are responsible for their living space, so they will independently contact supervisory organizations or the court.

What is the punishment for improper redevelopment?

Administrative punishment is provided for incorrect redevelopment: for arbitrariness (Article 19.1 of the Administrative Code) and for failure to comply with the rules for the use of housing (Article 7.21 of the Administrative Code).

Article 7.21. Violation of the rules for the use of residential premises. Regional authorities are authorized, on the basis of federal legislation, to independently establish redevelopment rules and responsibility for their violation. Thus, Moscow has a number of regulatory documents regulating this issue. For example, the city Code of Administrative Offenses (Article 9.1), Resolution on the reconstruction and redevelopment of premises No. 508-PP dated 10.25.11

Does redevelopment interfere with selling an apartment?

The question was answered by Igor Dorenkov, head of the legal department, ROO OZPP: “Roskontrol”:

“I would like to debunk the popular myth that redevelopment interferes with the sale of an apartment. No, that's not true. To register, you do not need to invite the BTI or submit your cadastral passport to Rosreestr. However, the buyer may ask to see the BTI plan and carefully check it with the actual condition of the apartment. Identified illegal redevelopment may become grounds for demanding a price reduction, so our advice is to prepare all documents in advance in accordance with the requirements of the law.”

(https://roscontrol.com)

What redevelopment can be done without permission?

Some operations for the reconstruction of premises do not require the approval of authorized representatives of regulatory authorities. That is why you need to familiarize yourself with what redevelopment can be done without permission.

The notification procedure is provided for when carrying out the following work:

when rearranging appliances in the bathroom and kitchen;
when rearranging any plumbing fixtures inside the designated room;
when installing non-load-bearing partitions in a room.

In a residential area, you are allowed to do the following without approval:

seal doorways in supporting structures;
install new glass on loggias or balconies in accordance with standard projects;
eliminate or change the shape of utility rooms without increasing the total area;
install partitions between living rooms without increasing the design loads;
completely or partially disassemble non-load-bearing elements - this does not apply to cases when inter-apartment partitions are replaced.

It is important to remember that any measures within the framework of reconstruction must be carried out in such a way that the integrity of the building itself is not violated in the process and the condition of neighboring apartments is not deteriorated. In other words, if a decision is made to dismantle non-load-bearing partitions, the interested party must take care of compliance with existing building codes.

In any case, the installation of new doorways is not prohibited. It is worth noting that after notification, all work must be accepted by employees of the territorial housing inspection.

The differences between reconstruction and redevelopment lie in the restoration and work of the supporting structure. How to properly legalize the redevelopment of an apartment in 2020 - see here.

Summary

The trouble is that the authorities that are obliged to respond to citizens’ statements do not always do it properly. Sometimes they brush it off: they say that the redevelopment will be legalized later. But, excuse me, then – when? When will the entrance collapse or two or three apartments “stack” together?

The fact is that many residents do not take this issue very seriously and do not sufficiently realize whether they really need redevelopment. On the other hand, maybe, if a person has free money and a lot of fantasies about his home, take on the construction of an individual cottage. Why bother with an apartment building, immersing yourself in numerous approvals and permits. Materials used from the site (https://1kvartirka.ru/zajavlenie-na-pereplanirovku/)