It often happens that the internal layout of housing ceases to suit its owners for various reasons. But before starting the global transformation, it is worth considering how to legalize the redevelopment of the apartment. And often there are situations when, having dismissed seemingly unnecessary trouble, a person subsequently gets much more problems.
Problems of illegal redevelopment
If the procedure for coordinating redevelopment is not timely complied with, then the unlucky owner of such a home will face the following unpleasant consequences:
- when selling for your apartment you will not be able to gain its real value. Believe me, it is very problematic to find those wishing to purchase housing with a similar add-on;
- if the landlord did not take care of the legality of the redevelopment, then he will almost certainly be fined or ordered to return the apartment to its original state. And the most unpleasant thing that can happen is a lawsuit on the sale of housing at auction in order to return the premises to its original appearance;
- Illegally re-planned mortgage housing may become the reason for the bank's demand to immediately repay the loan in full in connection with a change in the collateral object;
- in the case of a redeveloped apartment, where the tenant lives under a social contract of employment, after a series of fines, the contract is terminated, and he himself may well be evicted;
- notarial actions with the apartment will become unavailable. The inconsistency of the data specified in the documents of title and in the data sheet issued after measurements by BTI specialists is a sufficient reason for refusal of notarial services.
From the foregoing, we can make an unambiguous conclusion - illegal redevelopment can cause a lot of headache. But what to do if the relevant approvals were not received in a timely manner, how to legitimize the redevelopment of the apartment?
Legalization options for illegal redevelopment
There are several scenarios. If you had to think about the question of how to legalize the redevelopment of an apartment, you should carefully choose the most suitable one for yourself.
Firstly, you can go through all the procedures necessary for the upcoming redevelopment. Following this path, you will eventually be able to get a decision on coordination from local authorities. But, before contacting the interdepartmental commission, at a minimum, it is necessary to obtain a technical passport of the apartment in its original condition and prepare a licensed redevelopment project, agreed with the housing maintenance organization and various departments (SES, Ministry of Emergencies, district architect, etc.). Nobody will give a guarantee that everything will go smoothly with you, so we will consider other options.
All subsequent actions will be connected with the judicial procedure for the restoration of the legality of the repair work. Therefore, no matter how difficult the redevelopment of the apartment, the documents confirming the preservation of the structural characteristics of the apartment building, the compliance of the premises with fire and sanitary standards should always be kept ready. And most importantly, you must be prepared to prove that your actions did not violate the rights of others.
The court can appeal the refusal of the said interdepartmental commission to agree on the redevelopment. If you are lucky, the decision to refuse will be declared unlawful, and the court will oblige local authorities to agree on a rescheduling. You can also wait for the claim for the sale of the apartment at auction (when the apartment belongs to you) or for eviction with the termination of the lease (when the housing is municipal), and file a counterclaim to keep the apartment in a re-planned form, as the requirements of SNiP and the rights of others by you not broken. True, this alignment will require remarkable calm and is fraught with the risk of losing the process. Therefore, do not pull fate for a mustache. It is better to immediately take the opportunity to apply to the court with a lawsuit to keep your home in a redeveloped state. This option will be the most painless, and the result of your actions aimed at how to legitimize the redevelopment of the apartment will be most predictable.