Do neighbors need consent to redevelop an apartment: sample written form

In order to successfully carry out the reconstruction of the premises, it is necessary to obtain consent for the redevelopment. If you change the internal structure of the apartment without the consent of the authorities, such redevelopment will be illegal or unauthorized.

More about approval

To begin work on changing the premises, it is necessary to prepare documents and submit them to the housing inspectorate. Consent for redevelopment of the apartment will come in the form of written permission . You will be able to receive this document after 20-35 days of waiting.

But first you will need to contact several organizations to obtain the necessary papers and then submit them to the MFC.

The Technical Inventory Bureau is first on the list. From him you need to issue a technical passport . This document includes a floor plan of the apartment , an explication indicating the premises, a diagram of the location of your house, information about it (series, year of production, number of floors, etc.).

This document is necessary for designers in the process of creating a redevelopment project, and should also be part of the package of documents when submitting an application for redevelopment .

Technical conclusion . You can obtain it from both the author of the house project and the design organization, depending on whether you will make changes to the current state of the load-bearing structures of your premises. If the redevelopment involves work with load-bearing structures, you will need to contact the author of the house project; if not, contact the design organization.

Redevelopment project . You can order it from any company involved in project development (it is important that this company has SRO approval).

Note: the construction organization you hire to carry out repair work must also have an SRO certificate

In addition to the above papers, you will need to collect: documents on ownership of the property, the bank's consent to redevelopment (if the apartment is taken out on a mortgage), an extract from the house register about registered residents.

During reconstruction, measures are possible that partially change the objects of common property . For example, sometimes the owner wants to change the location of the front door

. Sometimes residents want to create an apartment vestibule.

In order to implement this, the neighbors' consent to the redevelopment is required. A meeting is organized for this purpose. In order for events to be allowed, it is necessary to obtain the signatures of 73% of the owners. Let us say right away that the event is not easy and is successful in very rare cases.

After the initial approval is completed and the repair work is completed, you must contact the housing inspection and arrange for their employee to come to the site.

You will provide him with a completed repair log (a document that is provided along with the permit and which you are required to maintain together with the contractor as the renovation progresses).

There are special events that are not visible without opening the surfaces. This is the strengthening of openings with metal structures and the creation of sound and waterproofing . If these procedures are present in the redevelopment, it is necessary to draw up acts of hidden work . The Moscow Housing Inspectorate engineer will have to familiarize himself with them.

After he checks the redevelopment for compliance with the project, you will receive a certificate of completed redevelopment .

Illegal redevelopment

Owners who did not engage in approvals, but implemented the redevelopment, will sooner or later receive a fine and a document from the housing inspection - an order . When contacting the BTI, the owner will receive a technical passport with red lines (they indicate completed illegal activities).

The owner’s responsibility is either to bring the apartment into compliance with the floor plan, or to obtain consent for the redevelopment that has already been carried out. If the owner does not have prohibited events , he will have to collect all the necessary documents for approval.

Is consent necessary?

Yes, consent is required. But not always, and a lot depends on what exactly the person plans to do, where he lives, what his special features are, and so on.

. A few basic examples where neighbor consent may be required:

Redevelopment of common areas . Most often this concerns the vestibule
.
This room will occupy part of the site and therefore may affect the interests of neighbors. As a result, in order to do everything according to the rules, you need to obtain the consent of your neighbors to carry out such work
.
It should be noted that the vestibule is often created through the efforts of several owners of different apartments. So, for example, they can completely isolate their apartments from the landing, creating one common vestibule for several apartments
. Such premises are used jointly, maintained collectively, and so on.
Combining an apartment with an attic/basement . First you need to remember that usually in the attic or basement there are general house communications, various equipment, and so on
.
If the owner plans to “take over” just such a premises, then he will not succeed. Even if there is consent from the neighbors, regulatory authorities will not give the go-ahead for such redevelopment
.
The reason is very simple: equipment and communications must remain freely accessible to specialists. If the premises are not of particular importance from the point of view of maintaining the house, then they can, with the consent of the neighbors, be separated from the rest of the house and used for personal purposes
. Often this requires purchasing part of the common space.
Relocating a bathroom . The main problem with such work is that the bathroom cannot be placed above the living space
.
As a result, if such redevelopment is still required, you must first obtain the consent of the neighbors below. At the same time, agreement alone will not be enough
.
In addition, it will be necessary to agree that the bathroom will be moved in parallel in several apartments at once, so that it does not end up above the living space. Alternatively, neighbors can give the go-ahead for moving the bathroom if, after its placement, it ends up above another non-residential premises
. For example, a pantry.
Working with the facade of the house . Any type of work related to the facade, for example, expanding the balcony, creating a separate entrance to the room, changing the location or size of windows, and so on, must be carried out only with the consent of the neighbors.

Consent is required directly from the owners, regardless of whether they live in the apartment or not. If the neighbor-owner is a minor under the age of 14, then the parents/guardians sign instead. If a person is over 14, but has not yet reached the age of majority, he signs the consent himself, but in the presence and with the permission of his parents/guardians
. Signatures of other relatives, tenants, etc. are not suitable.

Housemate Consent

The consent of housemates is required in all the cases described above and in many others where their interests are affected. This can be formalized either through the personal collection of consent from each co-owner of the apartment, or as part of a general building meeting

. More on this below.

Consent of neighbors in a communal apartment

If it is necessary to carry out redevelopment in a communal apartment, slightly different rules apply. Formally, each room of a communal apartment is part of the entire apartment

. As a result, the owners of each room are co-owners of the apartment as a whole. This means that any work on remodeling a room, regardless of whether it affects the interests of such neighbors or not, must be carried out only after obtaining consent.

Example: In a normal situation, moving or dismantling a non-load-bearing wall does not require consent from neighbors. But if the apartment is communal and the owner decided to divide one of the rooms into two separate rooms, the consent of each of the neighbors in the communal apartment will be required, but not the residents of other apartments in the same building.

Consent of the co-owners of the apartment

Any redevelopment in an ordinary apartment requires the consent of all co-owners, whether adults or minors. General principles and features are similar to those described above

. If at least one of the co-owners refuses to give consent, it will not be possible to approve the redevelopment.

In what cases is it required?

The consent of neighbors for redevelopment, as already mentioned, is not required in all cases. So we can highlight the situations in which it will be necessary:

If we are talking about redevelopment in a communal apartment;
In the event that the work affects common property;
If the apartment is municipal, then the consent of all persons registered in it will be required;
If redevelopment is planned on the ground floor of a multi-storey building, if we are talking about non-residential premises;
The management company, together with the contractor, must obtain consent when carrying out reconstruction of an apartment building and restoration work.

Information!

In fact, only in these cases will the consent of neighbors be necessary. In other situations, you will not need such a document to submit an application for redevelopment in the apartment.

How to obtain consent from neighbors

As mentioned above, there are two main ways to obtain consent:

Collection of consents from each neighbor . This option is relevant if the redevelopment affects only individual apartments and does not mean anything for all other residents of the house
. The advantage is that you need to collect the consent of only individuals, but the disadvantage lies in the need to personally search for the owners, negotiate with them, agree on some concessions, and so on. Such consents are certified by a notary.
General house meeting . If the redevelopment concerns common property (for example, “taking over” the attic), a meeting of all residents is required. It is clear that it will not be possible to gather absolutely everyone; many such meetings are simply ignored, but the presence of at least 2/3 of the owners is required
.
And it is necessary that at least 51% of those who come agree to carry out the work
. The minutes of the meeting are also notarized and can be used instead of separate consents.

Contents of consent

Consent is drawn up in free form. This document should contain the following information:

Full name of the applicant (the one asking for consent).
Registration address and apartment address.
Neighbor data.
A phrase about consent (something similar to “I give my consent to the redevelopment”).
Date and signature.

All of the above is relevant for ordinary consent, but not for the minutes of a meeting of residents. In the latter case, you must act in strict accordance with the law, including drawing up a protocol

. This is usually done by the person in charge of the house or a person designated as such.

Consent of the owners of an apartment building for redevelopment

It is necessary to obtain written consent from adult residents of the house who live permanently or may be temporarily absent. It is given only by apartment owners or tenants. If a citizen lives on the basis of a lease agreement, then there is no need to contact him for consent.

Housing legislation establishes 2 situations on how signatures can be collected. Of course, you will have to convince them that the initiator of the renovation has documents for the apartment; they will need to be presented.

Residents will also be interested in such papers as the project (sketch), conclusions issued by firefighters, gas workers, sanitary and epidemiological authorities, electrical networks, city water utilities and others. It is also better to have a permit from the management company (ZhEK) in hand.

Visit residents one by one

Each of them who does not object to the redevelopment and affecting the common property must register their consent on a separate sheet. This is usually done if there are not many apartments in the house.

Gather residents for a house-wide meeting

Minutes of the meeting must be prepared. In the presence of those gathered, the issue of refurbishment of an apartment located in the house is considered, a list of construction work and common property that needs to be affected is announced. The consent of the residents, about 70% of them should be present, can be drawn up on one sheet of paper, where everyone will sign next to their last name. The minutes of the meeting and the document on the consent of the residents in 2 copies are presented to the notary, and he certifies the latter. The applicant gives one copy to the owner of the house, and attaches the second to his documents.

Read more The nominal value of the authorized capital is

A sample of such consent can be found on the Internet; it is drawn up in free form, similar to business papers. The main thing is that the text expresses consent to the construction work, indicates the residential premises located at such and such an address, and the details of its owner or main tenant. The Ministry of Construction of the Russian Federation is quite strict about the preparation of minutes of general building meetings, and inspectors from the Housing Inspectorate can conduct a survey of residents who have given their consent.

Sample statement of claim for redevelopment of an apartment:

How to legitimize redevelopment using consent from neighbors

If you have the consent of your neighbors to redevelop an apartment located in an apartment building, it will be possible to coordinate the work or legitimize the repairs already completed. To do this, you will need to follow the instructions below.

Procedure

To approve or legitimize redevelopment, you need:

Prepare a redevelopment project. If small, simple work is planned, then the owner himself can draw up such a project (it is called a sketch), but most often a full-fledged project completed by specialists is required.
Collect other documents, including consent from neighbors.
Contact any branch of the MFC (My documents).
Fill out an application for approval of redevelopment and submit the remaining documents to the MFC manager.
Get a solution.
If the decision is positive and the repair has not yet been done, then it needs to be done.
After the renovation is completed, invite the admissions committee.
Receive an acceptance certificate.
Make changes to the technical passport.

If it is not approval that is required, but the legalization of an already completed redevelopment, then after obtaining consent, you can immediately change the technical passport. It should be taken into account that during legalization problems often arise and instead of consent, a refusal is issued
.
With such a refusal, you can try to go to court and defend your rights. In the latter case, in addition to all the documents listed below, you will need to provide a claim, a refusal from the MFC and a receipt for payment of the state fee
. Amount of state duty: 300 rubles.

Documentation

To approve the redevelopment, the following documents are required:

Passport of the applicant and all co-owners.
Consent for redevelopment from all family members who are co-owners of the apartment.
Consents from housemates or minutes of a residents’ meeting.
Redevelopment project.
Registration certificate for the apartment.
Extract from the Unified State Register and title documents.
Power of attorney for the representative and his passport (if required).

Expenses

Costs that may arise during the approval of redevelopment:

Project design: from 10 thousand rubles. Most often, the cost is above 30 thousand rubles
. Much depends on the complexity of the project and the region of residence.
Notarization of consents of co-owners or neighbors: from 1 thousand rubles.
Registration of a fresh extract from the Unified State Register of Real Estate: 300 rubles.
Drawing up and certification of a power of attorney for a representative: from 2 thousand rubles.
Making changes to the technical passport: about 5 thousand rubles.

Deadlines

Approximate time frame for approval of redevelopment:

Project preparation: from 1 week. Most often 2-3 weeks or even several months.
Collection of consents from neighbors: from 1 day. In practice, this procedure can take from several weeks to several months.
Receiving an extract from the Unified State Register of Real Estate: about 3 days.
Waiting for a decision at the MFC: up to 45 days.
Making changes to the registration certificate: from 5 days.

Structure of written consent

Only the owner of the apartment, whose rights have been officially confirmed, can obtain permission for redevelopment. If a person uses an apartment on the basis of a social tenancy agreement, then its official owner is the municipal administration.

In this case, the employer is not given the authority to collect written consents. This is within the competence of the municipal authorities, who still need to be convinced of the need for redevelopment.

It is advisable for the owner of the residential premises to prepare a written consent form in advance so that neighbors do not have to waste time writing it. The document is drawn up in any form, but it must include the following points:

Full name of the neighbor (written in the genitive case along the upper right edge);
applicant's registered address;
place of document preparation (city/town);
name of the document: “Consent for redevelopment”;
address of the apartment in which the redevelopment will take place;
date of signing the consent;
signature and transcript of the neighbor's signature.

In the main part you need to write down the following information: “I give consent to carry out work on the redevelopment of the apartment located at the address “….” according to the redevelopment project provided by the owner of the residential premises.”

The document has a simple written form and does not require mandatory notarization.

In order to obtain the consent of neighbors for redevelopment, you need to let them familiarize themselves with the following documents:

a valid technical passport;
a sketch of the redevelopment project, which indicates the planned changes;
a redevelopment project developed by a specialized company that has permission to provide this type of service;
permission from the management company, SES and fire inspection (optional).

Read more Preservation of the right to use residential premises
Thus, the consent of the owners or neighbors for redevelopment must be obtained if the repair work affects common areas and common property, or is planned to be carried out in a communal apartment. Consent is provided in writing.

Dear readers, each case is individual. If you want to find out how to solve your particular problem, call :

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In cases where, in order to carry out construction work, it is necessary to obtain the consent of neighbors for an extension, a sample of which can be seen below, it is better not to neglect legal norms. Before carrying out planned construction work, it is necessary to clarify whether it is possible to legalize changes without obtaining permission from neighbors. If new extensions and redevelopments will not reduce the quality of life and recreation or disturb the peace of neighbors, obtaining consent for construction work is often very simple.

Responsibility and fine for illegal redevelopment

Illegal redevelopment is a serious problem. In some cases it is difficult to identify, but if the work affects the interests of neighbors, you can easily report such redevelopment

.
In such a situation, an inspection will be carried out, as a result of which a fine of up to 2,020 rubles will be imposed on the owner of the apartment with illegal redevelopment
. He will also be required to bring the apartment into compliance with the technical passport.

Even if the owner pays the fine, but does not comply with the order (does not bring the housing into compliance with the registration certificate), the redevelopment will still remain illegal. Ultimately, such real estate will be seized and sold at auction.

It is very difficult to obtain consent and carry out redevelopment according to all the rules. At a free consultation, experienced lawyers will talk about the main features characteristic of such tasks

. They can also represent the client’s interests when interacting with neighbors, applying to the MFC, or even in court, if it comes to it.

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Unauthorized redevelopment is prohibited by the Housing Code of the Russian Federation. To do it, you need to develop a project and obtain permission from local governments.

In some cases, for the authorities to approve redevelopment, a mandatory document is the written consent of citizens or organizations that are directly related to the living space.

Why do you need consent for redevelopment?

Consent is required if the repair work will affect the rights of third parties.
For example, an apartment owner will not be able to obtain permission from the authorities for redevelopment without notifying other apartment owners about the planned work.

A permit will also not be issued if the proposed work affects the capital structures of an apartment building , and there is no consent for this work from the residents.

To obtain permission to redevelop an apartment with a mortgage, you will need to obtain bank approval.

The owner is obliged to inform the credit institution of his intention to carry out repair work , since the temporary status of the housing does not allow him to fully dispose of this property at his own discretion.

Thus, consent must be obtained in order not to violate the rights of persons whose interests will be affected in this case.

Types of consent for house reconstruction

There are three types of consent: from the owners of the living space, from the neighbors and from the bank. The need to obtain one or another consent depends on the status of the apartment, the type of ownership and the type of repair work.

From other owners

According to Article 26 of the Housing Code of the Russian Federation, in order to obtain a document permitting redevelopment, local government authorities are required to submit applications from all owners of the property.

The document is drawn up in free written form. The application must indicate the following information:

name and address of the local government authority.
Full name of the owner giving consent and his address.
Details of the document, based on which the author of the document is the owner of the apartment.
Consent, indicating the full name of the owner who is the initiator of the repair work.
An indication that the author of the application is familiar with the project. In this paragraph it is necessary to list all the work that will be carried out as part of the reconstruction.
Date and signature with transcript.

Download the application for reconstruction and (or) redevelopment of residential premises

From neighbors

In accordance with clause 4, article 30 of the Housing Code of the Russian Federation, the owner of living space in an apartment building is obliged to respect the rights and interests of neighbors.

Based on this law, when carrying out redevelopment, coordination with the residents of the house is required.

If this is a normal repair that does not affect structures that affect the characteristics of the house, then the consent of the neighbors is not required. Permission is required if the redevelopment affects the safety of residents.

Let's consider specific cases when you need to coordinate the renovation of an apartment with your neighbors:

when expanding living space, when the owner borrows part of the common area. In this case, permission will be required from all people whose apartments are located on the staircase.
When combining living space with an attic. The attic space is also a common area of the house, so permission from all persons living in the house will be required.
When rebuilding utility networks. For example, if the owner wants to swap the bathroom and toilet, this will require the approval of the owners living on the floor below.
When changing the facade of the house and installing a separate entrance to the house. In this case, the supporting structures of the building will be affected, which means that redevelopment may threaten the safety of the home owners.

It is best to obtain permission at a general meeting of residents. It is advisable to draw up this method of obtaining a document if the consent of all residents of the house is required. The document must be certified by a notary.

If the redevelopment involves affecting the interests of only a few residents, then it is better to obtain written approval of the repair work from each of them.

IMPORTANT: For the document to be valid and accepted by the administration, it is necessary that at least 2/3 of the residents attend the vote, and the approval of at least 50% of the total number of voters plus 1 vote is required.

Required application items:

Full name and passport details of the applicant;
residential address;
Address of the object;
consent to redevelopment carried out by the owner of the apartment (his full name);
list of works.;
date and signature.

consent of neighbors for redevelopment of the apartment (reconstruction of the house)

From the bank

If the apartment is mortgaged, then permission from the creditor bank is required to obtain permission. It is important to remember that until the loan debt is repaid, an encumbrance is placed on the apartment, which does not allow the borrower to fully dispose of it.

Information: To coordinate repair work with the bank, you will need to obtain the consent of the insurance company and an appraiser's conclusion confirming that the value of the housing will not change after the reconstruction.

Owners who did not notify the bank about the redevelopment are automatically violating the terms of the contract. Having learned about illegal redevelopment, the bank may demand its approval from the authorities or return the living space to its original condition.

The worst outcome is that the lender may demand repayment of the entire mortgage amount in one lump sum based on a breach of contract.

The document received from the bank must include the following data:

Full name of the owner and his passport details;
Read also: Regarding redevelopment. The neighbors demolished the non-load-bearing wall between the room and the kitchen.
the title of the document is “Approval for the redevelopment of a property”;
a phrase that the bank does not object to the redevelopment;
apartment address;
number and date of the mortgage agreement;
list of reconstruction works;
signature of a bank employee and seal.

Attention: Within 6 months after receiving consent from the bank, the owner must provide the lender with documents confirming the work: a cadastral passport and a new certificate of ownership.

An example of a bank's consent to redevelop a mortgaged apartment:

How to get approval?

From neighbors

Important! The owner of living space in an apartment building is obliged to respect the interests and rights of neighbors in accordance with paragraph 4 of Article 30 of the Housing Code of the Russian Federation and, based on this, obtaining approval for redevelopment from neighbors is mandatory.

Regular repairs do not require approval from neighbors - approval from them is required if the redevelopment affects adjacent load-bearing structures that are common.

Approval is obtained from each neighbor-owner of the apartment , whose interests are affected when carrying out work to remodel the premises.

Most often, the approval of a neighbor is necessary for redevelopment in communal areas.

It is drawn up in any form, but the text of the consent must necessarily contain the following points:

personal data of the neighbor (full name, passport details);
registration (residence) address;
address of the apartment adjacent to the one in which redevelopment is planned;
text of approval of the work by the neighbor indicating his full name;
list of planned (done) works;
signature with transcript and date of writing.

Below you can see the written consent form of the tenants-owners of an apartment building for the redevelopment of the apartment:

From the owner

A mandatory document for obtaining approval from the authorized bodies for redevelopment is the consent of all homeowners to carry out such work in accordance with Article 26 of the Housing Code of the Russian Federation. Such a document is drawn up and signed by all adult owners.

Reference. For persons under 18 years of age, the consent to redevelopment must be signed by one of the parents or guardians.

The approval is made in any written form, but the document must include the following information:

details of the authorized body to which the written consent is submitted (name and address);
personal data of the owner (full name and registration address);
details of title documents for the apartment;
text of approval, which indicates full name. the initiator of the upcoming (carried out) redevelopment;
an indication of your awareness of the work that has been carried out (will be carried out) with their listing;
signature with transcript and date of compilation.

From a banking institution

An apartment pledged to a bank cannot be remodeled without the consent of the credit institution, since the owner does not have the right to completely dispose of it until the loan is fully repaid.

Before giving such consent, the bank may require approval from the insurance company (if insurance was taken out for the loan when receiving the loan), as well as the provision of an expert appraiser’s opinion that the value of the housing will not decrease after remodeling the living space.

The bank's approval must include the following information:

personal data of the person being credited (full name, passport details);
name of the document (“Approval for redevelopment of the property”);
text of approval, which should contain information that the bank approves this procedure;
address of the property;
number of the loan agreement and the date of its preparation;
list of redevelopment works;
seal and signature of an employee of a banking institution.

Attention! Consent is issued to the owner of the apartment, who is obliged to submit to the bank within six months documents confirming the completion of this redevelopment - a new certificate of ownership and an extract from the Unified State Register.

If the homeowner has not notified the bank about the redevelopment, then if this fact is discovered, the credit institution has every right to demand that the home be returned to its original condition or to pay the entire loan amount ahead of schedule, since the terms of the contract were violated.