Sample statement of claim for apartment redevelopment

Many homeowners rebuild it to their own taste, and often only a statement of claim for redevelopment of the apartment is the only opportunity to legitimize the work performed. This is the same as in the case of a claim for ownership of an unauthorized construction. Until the interested party (owner) proves in court the safety of the structures and changes made, such redevelopment may be required to be eliminated. That is, at the owner’s expense, return the property to its original condition. Which is always expensive. And taking into account the mortgage, the bank even threatens to sell the home.

In judicial practice, a statement of claim for the redevelopment of an apartment occurs frequently. We analyzed the recommendations and explanations of the courts. And in this article we described the main nuances of the legalization procedure, recommendations for the preparation of documents for the reconstruction and redevelopment of residential premises. The example and sample below can be used as a basis for preparing your own claim. And if any questions remain, the duty lawyer will help.

Statement of claim for apartment redevelopment

Before going to court with a claim to preserve the redevelopment

Not any changes to the apartment require legalization. What is reconstruction and what is redevelopment? The answers to these questions are given by Art. 25 of the Housing Code of the Russian Federation. In short:

reconstruction is the installation, replacement, transfer of utility networks, sanitary, electrical or other equipment. Only when such changes are made to the technical passport of the apartment
redevelopment is a change in the configuration of housing. When it is necessary to make changes to the technical passport of an apartment (premises).

As a general rule, before redevelopment, you must obtain a special document. This is a decision on approval of redevelopment (issued by the local administration). And if it is missing, you will need to go to court: a statement of claim for redevelopment of the apartment or an administrative claim to challenge the decision of the government authority.

What you need to know when going to court

Before filing a claim in court, it is necessary to prepare a number of documents. They must prove that the apartment can be preserved in its redesigned form. To do this, you should contact the fire supervision authorities, Rospotrebnadzor, and also obtain an expert opinion from a specialized organization. The expert conducts a study and confirms that maintaining the redevelopment will not violate the rights and interests of other residents. Otherwise, examinations in civil cases may be ordered.

If the listed authorities made comments on the redevelopment or reconstruction of the apartment, they must be eliminated. Since the court may reject the claim based on negative reviews.

The dispute falls within the jurisdiction of the district (city) court. The claim must be filed at the location of the defendant. State duty – 300 rubles.

Going to court

After collecting the necessary documentation, owners of city apartments who have illegally redeveloped them must apply to the courts located at the location of the residential properties.

A statement of claim to legalize the redevelopment of an apartment, a sample of which will help in correct preparation, should be filed with the court office, while simultaneously paying the state fee.

The plaintiff will be notified in writing of the date of the court hearing, for participation in which he can obtain legal support.

Statement of claim for apartment redevelopment – court refusal

Redevelopment and redevelopment of residential premises can only be legalized in court. But the court does not always make a decision in favor of the applicant. It is impossible to legalize redevelopment if:

the ventilation of the house is impaired
the area of the gasified kitchen has been increased
gas pipes moved
The bathroom has been enlarged due to the living space
plumbing ducts dismantled
heating appliances have been moved to the balcony or loggia
new “wet places” have appeared (relocation of the kitchen, toilet and, respectively, removal of utility networks), etc.

That is why, before going to court, it is important to collect the findings of the authorities and use them as evidence. A technical report on the compliance of the work performed with building codes and regulations, a report on the compliance of the redevelopment with sanitary and epidemiological requirements, fire safety, and, if necessary, on compliance with the requirements of SNiP systems of internal water supply and sewerage networks, etc.

Statements of claim to preserve the redevelopment of the apartment

Statement of claim for the preservation of residential premises in a redesigned state. The plaintiff is the tenant of the residential premises under a contract (under the terms) of social rent or the owner of the apartment (sample from the website of the Zheleznodorozhny City Court of the Moscow Region: http: //zheleznodorojniy.mo.sudrf.ru);

Statement of claim for the preservation of residential premises in a rebuilt and (or) redesigned state, the redevelopment and (or) redevelopment of which were carried out without permission. The plaintiff is the owner of a residential premises - an apartment in a multi-apartment residential building (sample from the website of the Office of the Judicial Department in the Kaliningrad Region: http: //usd.kln.sudrf.ru);

Statement of claim for the preservation of residential premises in a redesigned state. Sample. The plaintiff is a tenant of residential premises under the terms of a social tenancy agreement or the owner of an apartment (sample from the website of the Sovetsky District Court of the city

. Lipetsk: http: //sovetsud.lpk.sudrf.ru);

Statement of claim for legalization of redevelopment without approval from the local government. For the owner or tenant (social rent) of residential premises - apartments (sample from the website of the Syktyvkar City Court of the Komi Republic: http: //syktsud.komi.sudrf.ru);

Statement of claim to preserve the redevelopment of the residential premises (the residential premises are owned or under a social tenancy agreement). Sample claim from the website of the Vakhitovsky District Court

. Kazan: http: //vahitovsky.tat.sudrf.ru;

Statement of claim for the preservation of residential premises in a redesigned and re-arranged state (apartment owned or under a social tenancy agreement) Sample statement of claim from the website of the Central District Court of Tyumen: http: //centralny.tum.sudrf.ru;

Statement of claim to the court for the preservation of the apartment in a redesigned state (sample) Sample claim for tenants of redesigned residential premises occupied by them under a social tenancy agreement (or under the terms of a social tenancy agreement), i.e. for those living in “municipal” housing;

Statement of claim to preserve the redevelopment of the apartment (legalization of the redevelopment). A claim for tenants of redesigned residential premises occupying an apartment (room) under a social tenancy agreement (under the terms of a social tenancy agreement). Sample from the website of the Traktorozavodsky District Court

. Chelyabinsk: http: //trz.chel.sudrf.ru

Return to the table of contents of the review: Redevelopment and reconstruction of the apartment. Legalization of unauthorized redevelopment. Rules of law and practice

The result of consideration of the claim for redevelopment of the apartment

The court will decide to preserve the apartment in its redesigned form only if the plaintiff provides evidence of the safety of the structures and the apartment as a whole. Redevelopment must not violate the rights of third parties. If there are several apartment owners, they will all be involved in the case. After the court decision comes into force (taking into account the appeal), the owner must contact the BTI. To make changes to the documentation for the apartment.

In cases where it is impossible to legalize the redevelopment, the court will also make a decision. He may impose an obligation on the person who has unauthorizedly redesigned the apartment to restore the housing to its original condition. If the decision is not implemented, such an apartment may be sold through an auction. For the tenant, such a decision entails early termination of the rental agreement without the provision of other housing. Therefore, before going to court with a claim for redevelopment of an apartment, pay attention to the collection of evidence.

Statement of claim for apartment redevelopment

A sample statement of claim for the preservation of an apartment in a redesigned or refurbished state, taking into account the latest changes in legislation. Redevelopment of an apartment involves moving walls, installing additional structures, making openings and other construction work. Redevelopment consists of reinstalling the networks and equipment of the apartment. Redevelopment of an apartment (this means both redevelopment and reconstruction) is carried out in the manner established by Chapter 4 of the Housing Code of the Russian Federation. Completion of legal redevelopment will be the receipt of a commission act. If the redevelopment of the apartment was carried out without obtaining permits or in violation of the established procedure, the residential premises may be seized, from the owner - by selling at auction, from the tenant - by terminating the lease agreement. To file a claim in court, it is necessary to collect documents confirming that the remodeled apartment can be preserved in this condition. To do this, you need to contact Rospotrebnadzor, Gospozhnadzor, an organization that has the right to conduct relevant expert research, to obtain documents confirming that maintaining the redevelopment of the apartment does not violate anyone’s rights and interests, and there is no threat to their health or life. The defendant in the claim will be the local government body responsible for the housing stock. Third parties must indicate the citizens who live in the residential premises and have rights to it. A statement of claim for redevelopment of an apartment is filed with the district (city) court at the location of the defendant. The state fee for the claim will be 200 rubles.

In ___________________________ (name of the court) Plaintiff: _______________________ (full name, address) Defendant: ____________________ (name, address) Third parties: __________________ (full name, address)

STATEMENT OF CLAIM

about preserving the redevelopment of the apartment

Read also:

I am the owner (tenant) of residential premises at the address: _________ (indicate the address of the residential premises in full) on the basis of _________ (indicate details of documents confirming the right to residential premises: agreement, certificate of registration of rights, warrant, etc.). During the period from “___”_________ ____ to “___”_________ ____ I remodeled the apartment, performed the following work: _________ (give the entire list of construction and installation work performed by the plaintiff). The work was carried out by _________ (indicate who performed the work; if independently, indicate the availability of appropriate skills; if with the involvement of a specialized organization, indicate its name, documents confirming the relationship, provide information about the availability of special permits to carry out the relevant work). I did not receive a decision to approve the redevelopment of the apartment, since _________ (indicate the reasons that prevented the plaintiff from approving the redevelopment of the residential premises in accordance with the requirements of Article 26 of the Housing Code of the Russian Federation), the completed redevelopment is considered unauthorized. The redevelopment of the apartment was carried out without violating building codes, sanitary and epidemiological rules, fire safety requirements, and does not violate the rights and legitimate interests of other persons. However, when contacting _________ (name of the local government body), I was told that it was necessary to bring the apartment to the condition it was before the redevelopment. I believe that the apartment can be preserved in a rebuilt (redesigned) state, since maintaining the redevelopment of the apartment does not violate anyone’s rights. According to the conclusion of the Rospotrebnadzor department dated “___”__________ ____, No. ____, the redevelopment of the apartment does not contradict the requirements: _________ (give the full wording from the conclusion). According to the conclusion of the Department of State Fire Inspection No. ____ dated “___”__________ ____, maintaining the apartment in a redesigned (rearranged) state does not contradict the requirements: _________ (give the full wording from the conclusion). According to the conclusion of _________ (name of the expert organization) No. ____ dated "___"__________ ____, maintaining the apartment in a redesigned (rearranged) state does not contradict the requirements: _________ (give the full wording from the conclusion). Based on the above, guided by Article 29 of the Housing Code of the Russian Federation and Articles 131-132 of the Civil Procedure Code of the Russian Federation,

Ask:

Keep the residential premises at _________ (address of the apartment) in a redesigned (rearranged) state, after the apartment has been redeveloped, as a result of which _________ (indicate what exactly has changed in the residential premises).

List of documents attached to the application (copies according to the number of persons participating in the case):