Many homeowners rebuild it to their own taste, and often only a statement of claim for redevelopment of the apartment is the only opportunity to legitimize the work performed. This is the same as in the case of a claim for ownership of an unauthorized construction. Until the interested party (owner) proves in court the safety of the structures and changes made, such redevelopment may be required to be eliminated. That is, at the owner’s expense, return the property to its original condition. Which is always expensive. And taking into account the mortgage, the bank even threatens to sell the home.
In judicial practice, a statement of claim for the redevelopment of an apartment occurs frequently. We analyzed the recommendations and explanations of the courts. And in this article we described the main nuances of the legalization procedure, recommendations for the preparation of documents for the reconstruction and redevelopment of residential premises. The example and sample below can be used as a basis for preparing your own claim. And if any questions remain, the duty lawyer will help.
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Statement of claim for apartment redevelopment
Before going to court with a claim to preserve the redevelopment
Not any changes to the apartment require legalization. What is reconstruction and what is redevelopment? The answers to these questions are given by Art. 25 of the Housing Code of the Russian Federation. In short:
- reconstruction is the installation, replacement, transfer of utility networks, sanitary, electrical or other equipment. Only when such changes are made to the technical passport of the apartment
- redevelopment is a change in the configuration of housing. When it is necessary to make changes to the technical passport of an apartment (premises).
As a general rule, before redevelopment, you must obtain a special document. This is a decision on approval of redevelopment (issued by the local administration). And if it is missing, you will need to go to court: a statement of claim for redevelopment of the apartment or an administrative claim to challenge the decision of the government authority.
How to arrange redevelopment of an apartment in the Moscow region
Homeowners in new buildings, and even more so in old houses, often think about redevelopment. A radical change in living space will allow it to be used more rationally and create comfortable areas for all family members. But when carrying out redevelopment, it is necessary to take into account and comply with all legal norms in order to avoid violation of the law and inconvenience for neighbors. Read about how to properly arrange the redevelopment, as well as what stages the procedure consists of, in the material of the mosreg.ru portal.
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Residential redevelopment
New flat
Source: , press service of the Khimki city district administration
Redevelopment of housing involves changing its configuration, which requires changes to the technical passport of the residential premises.
Redevelopment may include:
— construction, transfer and dismantling of partitions, elimination, transfer and installation of doorways;
— disaggregation or consolidation of multi-room apartments;
— installation of additional kitchens and bathrooms;
— change in living space due to auxiliary premises;
— elimination of dark kitchens and entrances to kitchens through apartments or living quarters;
— installation or refurbishment of existing vestibules.
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Residential renovation
Gas stove, gas system, gas equipment, gas
Source: , press service of Deputy Chairman of the Government of the Moscow Region Dmitry Pestov
Reconstruction of a residential premises involves the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment, which also must be included in the technical passport of the residential premises.
As part of the reconstruction, household electric stoves are installed instead of gas stoves or kitchen hearths; transport heating plumbing and gas appliances. They also install or re-equip existing toilets or bathrooms, lay new or change existing inlet and outlet pipelines, electrical networks and devices for installing showers, Jacuzzis, high-power washing machines and other new generation plumbing and household appliances.
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Procedure for registration of redevelopment (reconstruction)
Folder with documents
Source: , pixabay.com
Before redevelopment begins, it must be agreed upon with the city district administration. Otherwise, it will be recognized as unauthorized, and the homeowners may be held administratively liable.
The authorities responsible for providing public services for the reconstruction or redevelopment of residential premises are the administrations of city districts and municipal districts of the Moscow region. The administration ensures the provision of public services on the basis of the MFC and the regional portal of state and municipal services of the Moscow region.
Registration of housing redevelopment occurs in stages. At the first stage, the work on reconstruction or redevelopment of the residential premises is agreed upon. At the second stage, the completion of work on the reconstruction or redevelopment of the residential premises is confirmed.
At the first stage of approving the redevelopment of a residential premises, the following documents will be needed:
— identification document;
— application for redevelopment;
— title documents for residential premises, if the rights to it are not registered in the Unified State Register of Rights to Real Estate and Transactions with It;
— a reconstruction or redevelopment project, prepared and executed in the manner established by the Administrative Regulations, which must contain a copy of the technical passport;
— consent in writing of all owners or all members of the tenant’s family (including temporarily absent members of the tenant’s family) occupying the residential premises being rebuilt or redesigned on the basis of a social tenancy agreement.
To confirm the completion of work on the reconstruction or redevelopment of residential premises (second stage), the following documents must be submitted:
— identification document;
— notification of completion of reconstruction or redevelopment of residential premises;
— work progress log (provided upon inspection of the premises by the acceptance committee);
— acts of hidden work (provided during inspection of the premises by the acceptance committee).
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Terms for approval of work
Submission of documents
Source: Photobank of the Moscow region, Boris Chubatyuk
The applicant, in the notification of completion of the reconstruction or redevelopment, indicates the desired time for the inspection (no earlier than 3 working days and no later than 10 working days from the date of sending the notification).
The acceptance committee inspects the residential premises in which reconstruction or redevelopment work has been carried out, and checks the as-built documentation (acts for hidden work, work log, contracts with the contractor), acceptance certificates for reconstruction and redevelopment work.
The period for approval of work on reconstruction or redevelopment of residential premises (first stage) is 12 working days from the date of registration of the application with the city district administration.
The period for providing the public service to confirm the completion of reconstruction or redevelopment of residential premises (second stage) is 8 working days from the date of receipt of notification of the completion of reconstruction or redevelopment of residential premises by the administration.
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Procedure for unauthorized redevelopment
Source: RIAMO, Nikolay Koreshkov
In the case of unauthorized redevelopment (reconstruction) of a residential premises, the owner of the apartment must apply to the district court with a statement of claim to preserve the residential premises in the redesigned or reorganized state. At the same time, title documents, a project (if any) and a technical conclusion on the compliance of the redesigned (rearranged) residential premises with building codes and regulations are submitted to the court.
After the court decision enters into legal force, the owner will have to draw up a technical plan for the premises. It is needed to enter information into the Unified State Register of Real Estate.
Services for the preparation of a technical passport, project, technical report and technical plan are provided by the State Unitary Enterprise MO "MOBTI".
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What you need to know when going to court
Before filing a claim in court, it is necessary to prepare a number of documents. They must prove that the apartment can be preserved in its redesigned form. To do this, you should contact the fire supervision authorities, Rospotrebnadzor, and also obtain an expert opinion from a specialized organization. The expert conducts a study and confirms that maintaining the redevelopment will not violate the rights and interests of other residents. Otherwise, examinations in civil cases may be ordered.
If the listed authorities made comments on the redevelopment or reconstruction of the apartment, they must be eliminated. Since the court may reject the claim based on negative reviews.
The dispute falls within the jurisdiction of the district (city) court. The claim must be filed at the location of the defendant. State duty - 300 rubles.
Statement of claim for apartment redevelopment - court refusal
Redevelopment and redevelopment of residential premises can only be legalized in court. But the court does not always make a decision in favor of the applicant. It is impossible to legalize redevelopment if:
- the ventilation of the house is impaired
- the area of the gasified kitchen has been increased
- gas pipes moved
- The bathroom has been enlarged due to the living space
- plumbing ducts dismantled
- heating appliances have been moved to the balcony or loggia
- new “wet places” have appeared (relocation of the kitchen, toilet and, respectively, removal of utility networks), etc.
That is why, before going to court, it is important to collect the findings of the authorities and use them as evidence. A technical report on the compliance of the work performed with building codes and regulations, a report on the compliance of the redevelopment with sanitary and epidemiological requirements, fire safety, and, if necessary, on compliance with the requirements of SNiP systems of internal water supply and sewerage networks, etc.
Redevelopment of a communal apartment without the consent of neighbors
Sometimes circumstances develop in such a way that not all people living next door in a communal apartment agree with the changes. Even if the redevelopment applies exclusively to one room where the initiator of the changes lives, it will still not be an exception. Many people try to circumvent this rule in this case.
However, in the housing inspection, such consent for cases with a communal apartment is a mandatory requirement. Therefore, employees of this body have the right to refuse to consider such applications altogether. The courts make the same reasoned decision. However, the courts refer to the fact that they are not authorized to deal with issues related to redevelopment.
An even more wrong decision is to first carry out the redevelopment and then try to legitimize it. In practice, most of these cases end not in favor of the person who wants to redevelop the premises. These people end up being a double loser, because the authorized bodies most often oblige them to return the original condition at their own expense.
The result of consideration of the claim for redevelopment of the apartment
The court will decide to preserve the apartment in its redesigned form only if the plaintiff provides evidence of the safety of the structures and the apartment as a whole. Redevelopment must not violate the rights of third parties. If there are several apartment owners, they will all be involved in the case. After the court decision comes into force (taking into account the appeal), the owner must contact the BTI. To make changes to the documentation for the apartment.
In cases where it is impossible to legalize the redevelopment, the court will also make a decision. He may impose an obligation on the person who has unauthorizedly redesigned the apartment to restore the housing to its original condition. If the decision is not implemented, such an apartment may be sold through an auction. For the tenant, such a decision entails early termination of the rental agreement without the provision of other housing. Therefore, before going to court with a claim for redevelopment of an apartment, pay attention to the collection of evidence.
In what cases is redevelopment required through the court?
There are two concepts: “coordination” and “legitimation”. They differ not only in name, but also in the course of the procedure. Coordination of redevelopment occurs before it begins, and legalization occurs after the work is completed. Approval is done without court, and legitimation is carried out exclusively in court.
Cases when it is necessary to legalize redevelopment through the court:
- Repair work was carried out without permission from the local administration or housing inspection.
- The supervisors issued an order to return the layout to its original state (for example, after a neighbor’s complaint).
- The administration refused to approve your apartment redevelopment, but you do not agree with this decision.
In fact, in court it is necessary to legitimize the already completed redevelopment of the apartment. In this case, the court can accommodate the owner halfway. Then there is a chance to keep the apartment in a redesigned state (clause 4 of article 29 of the Housing Code of the Russian Federation). But to do this, you need to competently defend your position and convince the judge that the changes do not threaten people’s health and do not violate their property rights.
