Redevelopment of a mortgaged apartment Sberbank: redesign of housing with a mortgage, the procedure for preparing documents, what information needs to be indicated in the application, unacceptable types of alterations, terms and price

Types of redevelopment

Redevelopment of any residential premises is a detailed change in the overall configuration of the apartment. Moreover, this procedure necessarily requires making appropriate adjustments to the general technical documentation of the property. The situation is regulated by the housing law; an entire article is devoted to the redevelopment procedure - Art. 25 Housing Code of the Russian Federation.

Depending on the need for legal approval for repair work, several types of redevelopment are distinguished:

Redevelopment requiring mandatory approval. Relocation, as well as complete elimination of doorways, creation of new structures in other areas of the apartment.
Dismantling common interior partitions, as well as creating new ones. Complete combination of individual premises, as well as their separation in order to qualitatively change their purpose.
General expansion of your own living space due to additional premises.
Construction and general refurbishment of standard vestibules.

These types of redevelopment require the mandatory preparation of project documentation and further confirmation by authorized authorities.

In addition, for mortgaged real estate there is a mandatory rule of preliminary approval of all actions taken with the financial institution, which pledges the apartment.

Inadmissible types of redevelopment

The list of unacceptable types of redevelopment of mortgaged apartments is quite wide, but the most common are the following:

Placing bathrooms above sleeping areas (relevant for two-story apartments).
Changing the area of the dressing room due to adjacent rooms.
Dismantling ventilation cabinets.
Transferring the heating battery to the loggia.
Combining a kitchen with a room if the housing has gas supply equipment.
Any changes to load-bearing walls.

Difficulties also arise if you want to equip a separate room if, as a result of the renovation, there are no sources of natural light - windows. The legality of actions can only be proven through court.

If the owner has made illegal changes to the design of the home, this can be detected by filing complaints against him from neighbors, an accident in utility networks, or when registering transactions with property. Violations are also detected when employees of public utility services walk around apartment buildings or when BTI employees draw up a technical plan.

If, as a result of re-equipment or redevelopment by the owner of the apartment, an accident occurs on utility networks, causing significant financial damage, this money can be recovered from him through the court if there is direct evidence.

When is housing renovation allowed?

Redevelopment of an apartment with a mortgage is permitted in all cases, unless technical standards are violated as a result of the work. As for the bank, it is its legal right to issue or refuse permission. If the borrower does not obtain the lender's consent, he will not be able to take further steps to renovate.

It is also worth considering the types of work that do not require a permit:

Interior finishing of floors, walls and ceilings. Here the structures are not affected, so such repairs do not need to be coordinated with municipal authorities.
Replacement of plumbing. If networks are not transferred, approval will not be required - this is equivalent to standard repairs.
Installation and dismantling of external equipment: mosquito nets, lights, air conditioners.
Changing or eliminating doorways that are not located in load-bearing structures.
Dismantling partitions or vestibule.
Replacing old equipment with new equipment if it is equivalent in size and parameters.
Internal repairs on a loggia or balcony, if this does not affect the structure itself.

To obtain a complete list of permitted work, it is recommended that you read the information on the Housing Inspectorate website.

What does the mortgage agreement say?

Any banking institution independently establishes the rules for making changes to the configuration of mortgaged housing property. However, some organizations directly indicate in the contract that any changes related to the technical condition of the premises are prohibited. In this case, the borrower has the right to carry out the redevelopment procedure only after the mortgage has been repaid and the collateral has been removed.

Most often, banking organizations allow the following actions with mortgaged real estate

Carrying out cosmetic repairs;
Installation of a shower stall instead of a standard bathtub;
Replacement of door structures without preliminary adjustment of the opening;
Replacement of floor covering.

When carrying out any repair work, it is necessary to study in detail the terms of the contract, which includes the relevant clauses for redevelopment. The mortgage agreement fully regulates all the nuances relating to the collateral, so it is important to comply with all the bank’s requirements.

We study the agreement with the bank

The redevelopment procedure must begin with a detailed study of the contract. It is important to find all the conditions, as well as sanctions for carrying out repair work in the apartment. There are some requirements for the procedure for redevelopment of an apartment owned by a bank:

at least one year must have passed since the conclusion of the transaction with the bank;
If the contract does not contain a prohibition on carrying out repair work, it is necessary to obtain prior permission from the bank for redevelopment.

It is important to study in detail the agreement concluded with the bank and find out whether it contains clauses prohibiting standard redevelopment. Only after this can you begin to prepare documentation to obtain permission. It must be remembered that while the apartment is owned by the bank, any actions contrary to the agreement have serious consequences in the form of fines.

How to legitimize?

How to legalize redevelopment in a mortgaged apartment? Banks are no joke ; without following a special procedure, it will not be possible to legitimize redevelopment, although the general rules are the same.

Where to start, where to turn?

The redevelopment of an apartment with a mortgage should begin with another thorough reading of the mortgage agreement , in order to identify clauses in it regarding the application of sanctions regarding the redevelopment of real estate.

It is important to know before starting the entire operation that the following conditions are needed to start redevelopment:

at least 1 year has passed since the conclusion of the agreement with the bank;
The borrower has a certificate of ownership in hand.

Next, you need to hold a meeting of the house council and find out the opinion of all household members on this matter, since their written consent will be required.

Now it's time to sketch.

With the prepared sketch and application for approval of the redevelopment, you need to contact the BTI.

Here they will look at the sketch, collect documentation on the residential building in which the property purchased on credit is located, and prepare a written response, as well as provide floor plans of the house.

Small-scale changes may not entail any further steps other than carrying out repair work according to the owner’s sketch with the subsequent issuance of a new technical passport .

In this case, having received a positive response from the BTI, it is possible to go to the bank and insurance company with a written request for permission to slightly change the appearance of the family home. Their agreement gives the green light to continue legitimizing future redevelopment.

If the changes in the apartment are serious and need to be worked out by specialists, then a design firm that has a license and SRO needs to order the project and obtain approval from the concerned services, depending on the type of redrawing of the housing area.

This could be the Ministry of Emergency Situations, gas service, san. station, heating network, etc. The last authority for registration of major alterations to the apartment is the Housing Inspectorate.

Submission of documents

What documents are required? List of papers for Housing. inspection includes the following documents :

statement;
project;
all approvals - from the BTI, the Ministry of Emergency Situations, the bank, etc.;
technical passport - the same as that found in the package of documents of the financing bank;
certificate of ownership;
applicant's passport (copy);
written approval of all family members.

You need to carefully fold all the papers and list the attached documents directly on the application.

Documents are submitted to a single window of the Housing Inspectorate or MFC . Here they will check the completeness of the papers and register the application.

Processing time, cost and results

The processing time is no more than 45 days.

The state duty is paid when obtaining a technical passport and amounts to 900 rubles. The cost of all costs for processing documentation can be expressed in the amount of 50 to 100 thousand rubles.

In what cases can they refuse?

Refusal may occur if:

upcoming work threatens the load-bearing capacity of the building frame (interfloor floors or load-bearing walls, stiffening diaphragms are affected);
ventilation ducts are blocked;
apartments belonging to different owners are combined;
the concerned services did not give consent;
sound insulation of floors is compromised;
the management company's board categorically objects, etc.

There can be many reasons, and the refusal is regulated by law under Art. 27 Housing Code of the Russian Federation.

How to make a redevelopment?

The step-by-step redevelopment plan includes the following actions:

A thorough study of the bank mortgage agreement;
Receiving an officially certified BTI conclusion. The documentation must confirm the compliance of the future redevelopment with all legal requirements, as well as standard norms for conducting construction work.
It is necessary to send an official application to the banking institution, which will include a copy of the conclusion received from the BTI.
Obtaining official permission from the bank to carry out repair work of a certain type.
Carrying out installation and construction work in residential premises.
Based on the results of all the actions taken, draw up an updated apartment layout plan, and also officially approve it

Next, you need to make a copy of all documents confirming the fact of legal redevelopment and submit it to the bank.

How to remodel a mortgaged apartment?

If a citizen wants to remodel an apartment with a mortgage, he must strictly follow the instructions for carrying out the procedure. You will need to do the following:

Study the mortgage agreement in detail. Typically, a standard mortgage agreement does not include a redevelopment clause. However, it is important to carefully study all the norms of the document. The need to obtain a bank license depends on the provisions of the agreement. The information is usually displayed in the “rights and obligations of the parties” section. Some banks have imposed a ban on making any changes to the premises.
Coordinate the redevelopment with residents and neighbors. If the actions of the apartment owner do not affect the interests of other residents of the apartment building, it is not necessary to ask permission to make changes. However, the presence of a certified consent for redevelopment will allow you to prove the legality of the actions if any disputes arise. If renovations are planned in a municipal apartment, or upcoming changes will affect common areas, the consent of other residents is required.
Prepare a sketch or project. The choice of redevelopment option for a mortgaged apartment depends on the list of changes that will be made to the premises. If the property owner does not plan to change load-bearing walls or common property, a sketch is sufficient. In all other situations, a project is required. It is best to order a document from persons who have permission to conduct such activities.
Coordinate changes with the bank and insurance company. The possible future of repairs depends on the organization’s response. The request can be submitted after the sketch or project for redevelopment of the mortgaged apartment has been approved. Usually the answer is given within a month and a half.
If the answer is yes, contact the housing inspectorate and approve the redevelopment. If a sketch is used, it is first necessary to carry out repair work and only then submit an application. The Housing Inspectorate will conduct an inspection after the adjustments have been made. If they do not violate the law, a final conclusion will be issued within a few months. If we are talking about work on a project, the likelihood of obtaining permission is almost zero. Such changes are reluctantly approved due to the risk of the building collapsing.
Contact BTI. Documents must be submitted after the housing inspection report has been received. BTI is preparing a new technical certificate for the premises. The document will reflect the adjustments made.
Submit the received documents to Rosreestr and receive an extract.

How to legalize redevelopment?

There is a certain procedure by which a special permit for redevelopment of an apartment should be issued. First of all, you need to obtain permission from the bank, which can independently set the deadlines for redevelopment and obtaining new documentation for the apartment.

The general procedure for obtaining legal redevelopment takes up to six months, so it is necessary to coordinate this action with the bank in advance. To complete the procedure, you will need documentation for the apartment - a standard copy of the mortgage loan agreement, a general plan of the house, as well as a project. A well-compiled package of documents allows you to carry out the procedure according to all the rules and in the shortest possible time.

How to legalize redevelopment in a mortgaged apartment?

Before you begin to legitimize redevelopment of an apartment with a mortgage, you must carefully study the mortgage agreement. First of all, it is necessary to study in detail the section “rights and obligations”. It may reflect a ban on any cosmetic changes to the apartment. If the relevant information is present, legitimizing the redevelopment becomes more difficult. The borrower must complete the following steps:

Coordinate the layout with neighbors and residents, if there is a need for such action.
Order a sketch or redevelopment project. Additionally, there may be a need to contact an appraiser who will confirm that the planned changes will not reduce the value of the property.
Submit an application to the bank and insurance company, supplementing the documentation with a previously prepared sketch and the assessment result.
Wait for the decision to be made. The process can take up to one and a half months. During this time, a representative of the organization carefully checks the documents.
If the decision is positive, redevelop the mortgaged apartment and contact the housing commission. A representative of the authorized body will check the compliance of the changes made with the norms of current legislation. If all provisions of the regulations are met, the borrower will be provided with a documented solution.
Contact the BTI and obtain a registration certificate.
Re-register real estate by visiting Rosreestr.

Coordination

Before undertaking such a global repair procedure as remodeling an apartment, it is necessary to agree on this decision with the bank from which the mortgage was taken out. At the same time, it is important to prepare all documentation in accordance with the law - only such a layout can be considered officially legalized and can be documented.

With the bank

In a mortgaged apartment, redevelopment can be carried out only after agreement with the housing inspection, as well as with the bank, which is the actual owner of the apartment until the end of the mortgage payment. That is why all actions to change the layout must be agreed upon in advance with the banking organization.

With an insurance company

The company that is the insurer of the residential property for mortgage lending must also be notified of the possible redevelopment of the apartment. The thing is that the initial data on the area of the insured object are included in detail in the contract - redevelopment usually involves changes in the total area of the apartment, so this parameter must be documented. The insurance contract may be amended accordingly to change the parameters of the insured premises.

Terms and cost of approval

Standard terms by agreement are six months. If the bank, after collecting documents for redevelopment of the apartment with a mortgage, gives consent, it will take another 2 months to document this procedure. At the same time, more than half of applications are rejected by credit institutions.

The cost of coordination with the bank and insurers ranges from 2 to 5 thousand rubles. If for some reason the apartment owner decides to go to the courts to obtain consent, then the costs will increase to 10 thousand. The courts can make their own decision on the issue of whether it is possible to redevelop a mortgaged apartment, especially if there is no direct prohibition in the contract on such types of activities.

Terms and price of approval

The standard time frame for coordinating the redevelopment procedure with the bank is up to six months. Registration of all documentation and approval by various authorities takes quite a lot of time. At the same time, practice shows that more than 60% of borrowers receive a bank refusal to redevelop their mortgage premises. Even if the bank agrees to carry out construction work, after the redevelopment is completed, it will take another two months to document it.

The procedure for coordinating redevelopment with the bank, as well as with the insurance company, is a paid service. The standard cost of this agreement ranges from 2 to 5,000 rubles. Moreover, if the borrower needs to additionally apply to the courts, his costs for additional documentation may increase to 10,000 rubles. If the deadlines for redevelopment, previously agreed upon with the bank, are violated, the credit institution may impose additional penalties.

Is it possible and how to do a redevelopment?

Can. Even if the apartment has a mortgage, it is quite possible to carry out redevelopment. But this will require not only approval from regulatory authorities, but also permission from the bank. The latter is true only if the housing in question was not just purchased with a mortgage, but is also the object of collateral.

These concepts are not always equivalent. A bank client can buy one apartment on credit and use another as collateral. And if it is planned to redevelop the collateral property, then, among other things, you definitely need permission from the bank. Otherwise, the consequences may be quite severe for the financial condition of the homeowner.

Coordination with the bank

The first stage is coordination of the redevelopment with the bank. At this stage, the client should already have a project in hand. Without it, specialists from a financial institution will not even consider the client’s application, since it is unclear whether the bank will be satisfied with the future redevelopment or not. Is it possible to redevelop without approval? Yes, it is possible, but only if the pledge agreement does not contain a clause limiting this moment. And in practice, it is almost always there.

The actions of the bank should also be understood. The bottom line is that the collateral is security for the loan. This means that in case of problems, the financial organization will simply confiscate the property and sell it at auction for the optimal amount, in terms of debt repayment. If redevelopment increases the cost of housing or reduces it slightly, there will be no special problems. Otherwise, the bank may well refuse. And it is strictly not recommended to act around the mortgagee.

What does not need to be agreed upon

The consent of the bank, be it a large Sberbank or any small, regional financial organization, is not required if the homeowner plans to make minor changes. They should not affect the area of the premises, should not involve the creation of additional doorways, and so on.

The maximum is moving the boiler from place to place, replacing batteries with better ones, and so on. Anything that involves simple improvement or minor changes. This also includes cosmetic repairs.

Example: If you simply replace pipes, this is a renovation. It does not require approval. If you change the area of the rooms (reduce one and increase another) - this is already a redevelopment. And if you add an extension to the apartment as an additional room, this is already a reconstruction. Both of the latter options require approval from both the bank and regulatory government agencies.

Possible reasons for refusal of approval

Most often, a banking organization may refuse to approve a redevelopment for a borrower if repair work is planned that violates standard building codes. There are a number of reasons why the procedure may be denied:

If the redevelopment involves significant changes to the load-bearing structures of the residential premises;
If repair work creates a threat to human life;
When carrying out redevelopment on the lower floors of an apartment located in a panel house;
In the event that the general design solution of the plan is drawn up by an incompetent specialist who has not been accredited.

All of these are significant reasons for refusing to carry out repairs in the apartment, which is the bank’s collateral.

Reasons for refusal

There can be many reasons for refusal to register and issue permission for redevelopment; the main ones are:

Carrying out unauthorized redevelopment earlier, without notifying the authorized bodies and obtaining permits, in this case the apartment redeveloped with a mortgage may suffer, not only during the period of the loan, but also before its execution;
Violation of the integrity or stability of buildings due to repair work;
Violation of established legislation;
Protest from neighbors if the redevelopment was done in violation of the law, etc.

In each specific case, it is necessary to establish its own cause-and-effect relationship. Also, a refusal can be issued when issuing a ban on carrying out repair activities from the bank.

Planning

Before starting the redevelopment procedure, you need to know exactly what the apartment will look like at the end of the procedure. As a result, a detailed project is drawn up, which is agreed upon in advance and checked by special organizations. To draw up a detailed plan, it is necessary to request the initial plan of the apartment from the BTI and, based on this document, draw up a new project for the proposed construction changes.

Contacting the Housing Inspectorate

After the banking organization approves the redevelopment procedure in the apartment, you must contact the housing inspectorate and obtain additional approval. It is important to prepare a package of documents in advance, including a general sketch of the future redevelopment, as well as basic documentation confirming the existence of property rights. Additionally, it is necessary to obtain permission from the banking organization and the insurer. It is worth noting that the start of construction work can only be carried out after agreement with the housing inspectorate. After this, the borrower has the right to apply again to the BTI in order to document all existing changes.

Step by step procedure

Coordination of redevelopment of a mortgaged apartment has a strict algorithm of actions:

First of all, you need to contact the bank. It is prohibited to make complex repairs without his consent. To obtain consent, two conditions must be met: the loan agreement must be valid for at least six months, and the borrower must not be in arrears on the loan. Consent is paid, the commission amount is 5,000 rubles.
Contacting the insurance company, without whose decision the bank’s permission is not valid. This organization insures against unforeseen risks during work.

To obtain the bank's permission, they need to provide a plan for the future project, which must first be approved by the BTI. Minor redevelopment of an apartment with a mortgage is done on the basis of a sketch, which is submitted to the bank for a decision. These minor changes include:

combining or separating a bathroom;
dismantling partitions that are not load-bearing;
rearrangement of equipment within one room.

A project is required for more complex changes. The full procedure for approving redevelopment is approved in Resolution No. 508. It must be drawn up by special organizations that have SRO approval. You will also need to call a specialist who will assess the value of the property after the changes have been made.

What else is needed to redevelop an apartment with a mortgage:

permission to carry out work;
new layout project;
documents from the BTI;
work acceptance certificate;
permission from various authorities (Rosgaz, Fire Inspectorate, Sanitary and Epidemiological Station).

You need to know how to arrange redevelopment in an apartment so that you have a full package of documents and permits on hand.

Procedure

The standard procedure for carrying out legal redevelopment includes several stages:

Detailed drafting of the repair procedure;
Obtaining official consent from the banking organization;
Drawing up a special application and submitting it to the housing inspectorate;
Obtaining legal permission and starting complex construction work;
Drawing up new documentation on the apartment plan and confirming it with the BTI and the cadastral chamber.

The general redevelopment of the apartment will be considered legal and finally completed only after the acts are signed by the state cadastral inspectorate.

How to evaluate a mortgaged apartment with redevelopment?

After the redevelopment, a special report is generated, which indicates the revaluation of the cost of the apartment. At the same time, it is not recommended to underestimate or overestimate the cost. The expert appraiser must have sufficient professional experience to correctly carry out the assessment procedure, taking into account all the repair adjustments made. A special assessment company always cares about its own reputation and conducts an assessment only on the basis of factual data; in other cases, the organization may subsequently lose accreditation. It is necessary to carefully consider the procedure for assessing real estate - violation of the rules and additional adjustments are not welcomed by the banking organization.

Unacceptable alterations

There are repair types of work that are unacceptable during redevelopment. That is why the bank is attentive to studying the future plan for construction changes in the apartment, involving special regulatory organizations in this. For example, prohibited construction work includes glazing of loggias on which fire exits and staircases are located. It is also unacceptable to increase the standard area of balconies due to special remote structures. It is not recommended to combine the kitchen in which the gas system of the living room is located into a single room. Demolition of the supporting structure is also not allowed during repair work.

Consequences of uncoordinated actions

Redevelopment that has not been officially approved is illegal - carrying out such repair work will result in a significant fine. In addition, redevelopment of a mortgaged property may lead to a conflict situation with the bank if prior approval has not been obtained. The consequences of such repair work must be eliminated within a specified time - in the event of a conflict situation, the borrower will have to completely restore the original condition of the apartment and bear certain financial costs. Also, the mortgage agreement may be changed, since this redevelopment could cause significant damage to the property pledged to the bank.

Is it possible to legalize the redevelopment of a mortgaged apartment?

What to do in a situation where the redevelopment was carried out without obtaining the consent of the bank and other responsible authorities? The property owner has several options to avoid or at least minimize the consequences of the actions taken:

Contact a court that is authorized to recognize the configuration change as legal
Use the administrative route by applying for approval of the changes made to the administrative body

Sanctions from the bank cannot be avoided using such methods, but you can avoid being brought to administrative responsibility and preserve the new look of your home.