Redevelopment is illegal. Illegal redevelopment of what threatens?

To make the apartment as comfortable as possible for living, the owners often have to make major repairs in it. Sometimes it is required to combine neighboring rooms, and in some cases to divide. Unfortunately, most of the redevelopment of modern apartments is illegal. What is illegal redevelopment? What does it threaten to the owners of the premises?

Redevelopment is ...

The Russian Housing Code states that redevelopment is the transformation of the interior of the premises, which requires fixing changes in the technical passport. In order for the owner of the apartment in the future not to have problems with the coordination of redevelopment, it is necessary to think over a work plan in advance. Some types of repairs should be agreed with the Housing Inspectorate. What are the basic rules to follow?

What works do not require special permission

The following types of work do not require approval from BTI:

• updating the decoration of walls, floor, ceiling;
• installation, analysis, replacement of elements of built-in furniture systems, which are not a separate room;
• replacement of old plumbing;
• installation of equipment from the street (installation of air conditioners, mosquito nets, antennas);
• moving and replacing batteries, stoves;
• replacement of old equipment with similar in size and properties,
• repair of loggias, balconies;
• installation of light showcases and doors, self-sliding and rotating, if the area of ​​the room does not change;
• installation of partitions that do not imply an increase in the load on the floors,
• removal of the vestibule;
• elimination of partitions (non-bearing);
• elimination or formation of openings for doors in curtain walls.

What work is prohibited

Illegal redevelopment of an apartment has a direct impact on the structural strength of the structure, which can lead to damage or destruction. It can also complicate the access of residents to their apartments or to common property.

Redevelopment illegal can be recognized during the following types of work:

• alteration of premises, which worsens the living conditions of the owners and the use of engineering communications at home;
• complete dismantling of load-bearing walls, weakening the strength of the house;
• installation of radiators on balconies and loggias;
• installation of loggias and balconies above the second floors;
• installation of floor heating systems from a common heating system;
• the combination of auxiliary and residential premises;
• increase the area of ​​the auxiliary premises by combining with residential;
• sealing ventilation or reducing the size of the channel;
• installation of partitions, after which a new room is formed without windows and radiators;
• increased load on the supporting structures of the house;
• sealing into the wall of a gas pipe;
• joining the apartment to the common corridor of the landing;
• installation of disconnecting communication devices affecting the consumption of resources in other rooms;
• re-equipment of technical premises;
• work in emergency buildings of cultural value.

How changes are detected

Redevelopment illegal can be detected in the following situations:

• complaints from owners of neighboring premises about violations that interfere with comfortable living (poor sound insulation, ventilation, etc.);
• accidents and malfunctions of engineering communications at home;
• bypassing apartments by public utilities for checking communications, meters;
• BTI employee changes the area of ​​the apartment to compile a technical passport;
• when concluding a real estate transaction.

Responsibility

Illegal redevelopment involves punishment for the owners. There are several types of measures to deal with violators, such as:

• fine;
• the return of the previous type of premises at the request of BTI in a timely manner;
• repeated fines and legal action against the owner of the apartment when he refuses to return to his previous condition;
• sale of real estate at public auction for neglecting the requirements of the housing inspectorate and court.

Illegal redevelopment of the apartment: fines

Inconsistent repair work on the redevelopment of any residential premises threatens apartment owners with an administrative fine. According to the Code of Administrative Offenses, illegal redevelopment leads to damage to residential buildings, communications, affect their operation. The size of the fine for individuals depends on the territorial location of the house and is usually 2500 rubles. For legal entities, the penalty for illegal redevelopment will be greater. However, the Code does not establish the amount of fines depending on a particular case.

If the owner has legalized the redevelopment by filing a lawsuit, the administrative fine must still be paid. Also, the requirements of the local administration to the owner of the apartment do not prohibit him from filing a statement of claim in order to legitimize the work done.

Malicious Violations

Redevelopment (illegal) threatens homeowners not only with the payment of a fine. If the requirements of the housing inspectorate for the return of the former type of housing are ignored or the work has not been completed on time, such violations are considered malicious. In this case, the housing inspectorate has the right to file a lawsuit against the owner of the apartment.

There are two possible scenarios:

1. The apartment is for sale at public auction. Part of the proceeds is returned to the owner, but the costs of legal costs and other necessary expenses are deducted from them. New apartment owners receive from the state requirements for the mandatory return of the appearance of housing.
2. If the apartment has not been privatized and was obtained under a social loan agreement from the local administration, the owners are evicted. In this case, material compensation is not provided. However, the new owners will need to carry out work to return the appearance of the apartment, as in the previous case.

Difficulties in making deals

Illegal redevelopment threatens the owners not only with problems with the housing inspection, but also with the conclusion of real estate transactions. Conducting a transaction as you wish and without extra time and money will not work. An apartment may be sold, but the cost of such housing will be significantly underestimated. If the redevelopment is illegal, then no bank will under any circumstances give a home loan to this apartment to buyers. That is, a mortgage sale is not possible here.

But if the technical characteristics of the apartment have been changed slightly, then a sale transaction can be carried out. Potential buyers must necessarily be informed of all violations, for which it is necessary to sign awareness documents. In this case, the new owner takes responsibility for the return of the appearance of the apartment, which inevitably leads to additional costs. The amount of discount for apartments with unauthorized redevelopment depends on the nature of the changes, but usually it is 15-20%.

Often, real estate is selling housing where illegal redevelopment was carried out. What does it threaten with the owners? First of all, when this fact is revealed, the owners are required to pay an administrative fine and return the apartment to its former appearance. If this has not been done, the apartment can be sold at public auction, regardless of the opinion of its owner.