Often the owners of apartments or houses want to redevelop in their real estate. This process involves the introduction of truly significant and significant changes in the design of the object. It is important to carry out the process on the basis of a pre-compiled project. Prior permission must be obtained so that the process is legal. Therefore, it is important to understand how to legitimize redevelopment. It is advisable to carry out the process before making direct changes, but it is allowed to obtain permission after the work is completed. In this case, it is important that they are of high quality and safe.
Highlights
Each dwelling must meet certain requirements and rules so that there is no danger to the life and health of other citizens. Therefore, any qualitative changes in the facility must be agreed in advance with specialists.
You should understand not only how to legitimize redevelopment, but also how this process should be performed so that it is safe. Its features include:
- all planned work requires a preliminary sketch or project;
- documents are prepared only by specialized companies;
- the process of formalizing redevelopment is indicated in Art. 25 LCD;
- re-planning should not be confused with reorganization, since in the second case significant changes are not made to the object.
Redevelopment suggests that the appearance and design of the apartment or house changes significantly. Preliminary approval or legitimization of the redevelopment already done is allowed, but in the second case, any errors or violations are not allowed, since under such conditions the court will need to bring the housing to its original state.
What works are considered redevelopment?
Before starting approval, you should determine what actions in the living room can be considered a redevelopment. These include processes:
- installation of complex engineering equipment, its transfer or dismantle;
- narrowing or widening of the opening;
- expansion or reduction of the size of one room in an apartment or house;
- creating or removing a doorway;
- the formation of an additional kitchen or bathroom.
All these actions are associated with complex construction work. Most often they require the destruction of the walls partially or completely. Therefore, the procedure for legitimizing redevelopment is mandatory.
It is impossible during these works to affect the load-bearing walls of the building, since obtaining permission for this process will simply be impossible.
Where does the process begin?
Coordination consists of several successive steps. How to start redevelopment? Initially, the following actions are performed:
- it is determined whether the process will be implemented independently or with the help of invited lawyers, and in the second case, you can count on a faster result;
- a sketch is ordered containing all the work planned in the housing, and it is not allowed to affect the supporting structures according to it, and according to the results of the redevelopment, the housing should not change its purpose;
- a sketch is submitted together with the application and documents for the apartment to the competent authorities.
After consideration of these documents, a decision is made by the administration of the region. If it is positive, then permission is granted. After direct work is carried out. The housing commission is invited to draw up the acceptance certificate, which reflects all the changes. They are registered further in BTI. The redevelopment project of an apartment is considered a significant document, which should not contain any errors or corrections. You can only compose it yourself if you have the appropriate skills or experience.
The nuances of the procedure
If you plan major changes in housing, it is important to understand the nuances of the harmonization process. How to legalize redevelopment? To do this, the rules are taken into account:
- the central document is the project, which should be prepared by specialists on the basis of legislative requirements;
- consent for changes must be obtained from the housing inspectorate, BTI and the architectural department of the regional administration;
- if the process is carried out without an apartment redevelopment project, this can lead to the destruction of the structure and harm to the life and health of other citizens;
- if the approval procedure is not carried out, then in the future it will be difficult to sell and even present an apartment;
- Significant fines are imposed for illegal redevelopment, and in court it is often required to return an object to its original state or sell it at auction.
According to Art. 29 LCD illegal redevelopment becomes the basis for the refusal to issue a mortgage secured by an apartment.
What documents are needed?
The approval process involves several important steps. How to legalize redevelopment? After it is decided what changes will be made, it is necessary to prepare documents for approval. These include papers:
- certificate of ownership of the facility where it is planned to redevelop, and this document may be replaced by an extract from the USRN;
- extract from the house book, usually issued in the BTI;
- explication;
- floor plan;
- technical passport for an object outstanding in BTI;
- a project on the basis of which the process of making significant changes to the room will be carried out, and it should include a sketch and a drawing;
- a technical plan confirming that the adjustments made are safe for the apartment and the whole house;
- application for approval;
- if there are several owners of one object, then each owner is required permission for the planned procedure.
The documentation is transferred to the local administration. If necessary, specialists may require other documents to legitimize the redevelopment of the apartment.
Project Design Rules
If minor changes are made, a sketch is usually enough. It has an affordable cost and is quick to draw up. But if you want to touch the walls of the room and significantly adjust the appearance of the property, then you can not do without a full-fledged project. It should be formed taking into account some rules:
- it is ordered only in specialized design organizations;
- the company where the homeowner applies for this document must have a work license;
- the specialist will tell the client which changes can be implemented and which are prohibited;
- To create a project, it is necessary to transfer to the professional a technical passport and a plan for the object, a floor plan, an explication and a statement with all the planned adjustments.
As soon as the project is ready, it is applied to other documents for approval.
Where to go?
In order for the changes in the apartment or house to be legal, it is important to obtain permission from the administration of the region. The procedure for legalizing redevelopment of an apartment requires the need to obtain permission from some other institutions:
- BTI;
- local administration;
- Housing Inspectorate.
Additionally, you should contact the fire department to ensure that employees of the institution confirm that the performance of certain works cannot lead to a violation of fire safety requirements. If there is an unreasonable refusal on the part of any organization, then you can go to court to challenge such a decision.
Clearance process
The procedure for coordinating future redevelopment is divided into stages:
- Initially, you need to consult with employees of the administration to find out what actions should be performed in a particular region for ease and speed of obtaining permission;
- a project is ordered in a suitable company, for which the customer talks about all the planned changes;
- other documents are prepared for approval;
- then you need to visit the housing inspection with a package of documents in order to obtain permission in the form of an official document;
- then you should coordinate the project in the local administration, for which you need to contact the architecture department;
- documents are submitted to BTI, so that specialists are convinced that no safety requirements are violated, and they also put a mark indicating that after the redevelopment, changes will be made to the technical plan and passport of housing;
- It is advisable to additionally obtain permission from the SES, the Fire Inspectorate and Rospotrebnadzor.
If the redevelopment is carried out without prior approval, this can lead to many negative consequences for the owner of the premises. It will be possible to legitimize the changes exclusively through the courts, and if at all they violate the safety requirements, you will have to return the housing to its original form.
Process cost
Aligning planned changes takes a lot of time and effort. How much does it cost to legalize redevelopment in an apartment? The price depends on various factors, since it affects where exactly the property is located, how many people are owners, what adjustments are planned, and whether it is necessary to obtain permission before the procedure or after it is completed.
How much does it cost to legalize redevelopment in an apartment? For this, different payments are added:
- specialist consultations - 20 thousand rubles;
- project formation - 8 thousand rubles;
- obtaining documentation in the BTI - 7 thousand rubles;
- coordination of documents in different instances - 5 thousand rubles;
- obtaining permission from the administration - 30 thousand rubles.
On average, about 70 thousand rubles will have to be spent on this process.
Terms of the procedure
The timing of the legalization of redevelopment also depends on various factors.
For this, it is taken into account how quickly documents can be prepared, what adjustments are made, how busy the employees of various inspection authorities are, and also whether the owner of the housing correctly performs all the steps initially.
How to legitimize redevelopment already done?
Often people do not think about the fact that they need to get permission to make changes to their housing, so they re-plan without prior approval. This leads to the fact that they can no longer sell or donate real estate.
Therefore, you will have to officially register the adjustments after the completion of the work. This requires judicial legalization of redevelopment. The court must prove that the changes made are high-quality and safe. If experts identify significant violations, then permission will be denied.
The court may make different decisions:
- legalization of redevelopment;
- the requirement to correct all violations and bring the premises to its previous state;
- fines;
- sale of the object at auction, and the owner receives for it only the remaining funds, from which legal expenses will be deducted.
Due to such many negative consequences, it is recommended that initially, before making changes to the living quarters, the approval process be undertaken.
The consequences of illegal redevelopment
If during an attempt to sell an apartment or in the process of performing other actions with it it is revealed that there is an illegal redevelopment, this leads to numerous negative consequences for the owner. These include:
- a fine in the amount of 1 thousand rubles, if the amendments cannot bring harm to the life or health of citizens;
- if the adjustments are dangerous, then individuals pay from 5 thousand rubles. fine;
- for officials, the fine increases to 50 thousand rubles;
- legal entities pay a fine of 300 thousand rubles;
- the trial begins, and if violations are revealed in the rules for the redevelopment, the court may decide on the need to bring the premises to its former appearance.
Therefore, it is advisable to initially take care of the coordination.
Finally
Thus, the redevelopment of any residential premises is an important process, which should be carried out only after obtaining permission. The procedure is considered quite complicated, since it is required to order a project, prepare other important documents, as well as coordinate the planned changes in different government institutions.
If you perform the process without permission, then later you can encounter various negative consequences. You will have to not only pay a fine, but also speak at court hearings. If you fail to prove the safety of the changes, you will have to bring the room back to its original form.