Statement of claim for apartment redevelopment (sample)

Up-to-date information about the statement of claim for redevelopment of an apartment, preservation of the apartment in a redesigned or rebuilt state, taking into account the latest changes in legislation.

Article 25 of the Housing Code regulates what redevelopment and reconstruction are. And how do these processes differ from each other?

Redevelopment of an apartment involves moving walls, installing additional structures, making openings and other construction work. Redevelopment involves changing the layout of the apartment's utility networks and equipment. All these processes require inclusion in the technical passport of housing. And strictly speaking, they cannot be carried out without obtaining approval for this.

Redevelopment of an apartment (this means both redevelopment and reconstruction) is carried out in the manner established by Chapter 4 of the Housing Code of the Russian Federation. Completion of legal redevelopment will be the receipt of a commission act. If the redevelopment of the apartment was carried out without obtaining permits or in violation of the established procedure, the residential premises may be seized from the owner/tenant. The owner of such housing is subject to sale at auction. The tenancy agreement with the employer is terminated. But after the issuance of an order to bring the housing to its original (before redevelopment) condition. And, accordingly, the absence of such actions by the owner or tenant of the property.

If no one’s rights are violated and there is no threat to the life or health of citizens, then the interested person can file a claim in court for redevelopment of the apartment. To get a decision and legitimize such redevelopment.

To file a claim in court, it is necessary to collect documents confirming that the remodeled apartment can be preserved in this condition. To do this, you need to contact Rospotrebnadzor, Gospozhnadzor, or an organization that has the right to conduct relevant expert research. These organizations will provide certificates and conclusions confirming the possibility of maintaining the apartment in its redesigned form. That the redevelopment does not violate anyone’s rights and interests and there is no threat to their health or life.

The defendant in the claim will be the local government body responsible for the housing stock. Third parties must indicate the citizens who live in the residential premises and have rights to it. A statement of claim for redevelopment of an apartment is filed with the district (city) court at the location of the defendant. The state fee for the claim will be 300 rubles.

Required Applications

Important! In order to substantiate the requirement to legitimize the redevelopment, in addition to a well-drafted application, it is necessary to collect and submit to the court the following evidence:

• Documents confirming the plaintiff’s rights to the occupied premises;
• An official conclusion from an organization that is an active member of the SRO on the compliance of the work performed with the standards established by law;
• Conclusions of fire supervision, gas service and sanitary and epidemiological supervision service on the absence of violations;
• Technical passport for the facility indicating the initial parameters and after changes made to the layout;
• Written consent for redevelopment from neighbors, other owners of residential premises and the organization servicing the apartment building;
• Official permission from a credit institution for redevelopment (if the apartment has a mortgage);
• Certificates of inspection of hidden work (if changes are made inside building structures or communications);
• It is important to note that each specific case may require the preparation of additional documentation, so it is advisable to clarify the full list of required documents in advance.

If the apartment has a mortgage, is it possible to legalize

How to legalize unauthorized redevelopment if the apartment is under mortgage?

Many people nowadays buy homes with a mortgage. In this case, there may also be a need to legitimize the redevelopment.

In this case, you should definitely pay attention to the fact that the bank’s consent is required to change the redevelopment of the mortgaged apartment.

It may also contain certain conditions imposed on the home owner. They may, among other things, involve providing the bank with new documents after completion of the entire process.

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There are situations when an apartment you like has unauthorized redevelopment. The owner assures that there will be no problems.

He prepares documents for the bank, and at the same time significantly reduces the price, supposedly for expenses for legalizing unauthorized redevelopment; try to avoid such transactions, because all responsibility falls on you.

Obtaining such a written document may require approval from the insurance company if the home is insured.

It is possible that the bank will need a copy of the expert’s opinion to the effect that the unauthorized redevelopment complies with all building codes and requirements.

Practice shows that if the redevelopment of an apartment is included in the building codes, then most often the banks for their part do not create obstacles.

When judicially legitimizing redevelopment in the case of a mortgage, the bank should be involved in the case as a third party.

Legal requirements

If the redevelopment has already been carried out, does it need to be legalized? There is a clear answer to this in the legislation, according to which the fact of acquiring ownership of a residential premises allows the owner to dispose of the property, but is not a basis for carrying out unauthorized redevelopment within this premises. Thus, if the work has already been carried out, it needs to be legalized.

According to the norms of housing law, the owner of the apartment is obliged to notify the authorized bodies of his intention and obtain the appropriate permission to carry out work (Articles 25, 26 of the Housing Code of the Russian Federation).

In accordance with Article 26 of the Housing Code of the Russian Federation, the legal basis for future remodeling is the decision of local government bodies. Consequently, in the absence of one, the owner’s actions will be considered illegal.

If the fact of unauthorized redevelopment is revealed, BTI employees have the right to impose a ban on the issuance of technical documents, which will entail consequences in the form of restrictions on the owner’s right to dispose of property.

This means that the owner of an illegally converted apartment will not be able to sell it, donate it, exchange it, or leave it as an inheritance.

Article 29 of the Housing Code of the Russian Federation considers the fact of work carried out without appropriate permission as unauthorized reconstruction.

Note! However, in accordance with Part 4 of the same article, it is permissible to preserve the changed parameters of a residential premises on the basis of a court decision, provided that this does not violate the rights and interests of other persons and does not pose a threat to their life and health.

The presence or absence of such a threat is identified by competent specialists after checking the premises for compliance with:

• construction standards and regulations (SNiP);
• sanitary and epidemiological rules and regulations (SanPin);
• provisions of articles 25, 26 of the Housing Code of the Russian Federation.

At the same time, in order to legitimize the redevelopment, it is advisable to go to court with a ready-made conclusion from the Housing Inspectorate.

Watch the video. How to legalize the redevelopment of an apartment:

We are preparing a statement of claim to preserve the apartment in its redesigned state

After all the documents are in the hands of the specialist, he will write a claim for redevelopment of the apartment. It will contain information about the residential premises and all the work that was carried out in it.

The defendants in the lawsuit are the local government authority, whose competence includes the approval of projects.

In the statement of claim, you need to write for what reasons it was not possible to legalize the redevelopment administratively. In this case, you need to refer to all available permits and approvals from supervisory authorities.

In conclusion, you should ask the court to preserve the apartment at a specific address in a rebuilt state according to the registration certificate as of the date the unauthorized refurbishment was discovered by the BTI technician.

If you are preparing documents for the court, then you can take as a basis a statement of claim to preserve the redevelopment of the apartment, a sample of which we offer to download on our website. You can change it to suit your own specific situation.

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When a claim to legitimize the redevelopment of a residential premises, namely your apartment, has been prepared independently, it is advisable to familiarize a lawyer with its draft.

He will point out in advance all the legal shortcomings of the document and help eliminate them. In addition, it is possible that additional arguments may appear.

A sample claim for legalization of apartment redevelopment posted on our website contains all the necessary information. It will be useful both to the common man and to the novice lawyer.

In what cases is a claim filed?

Mandatory coordination of the future redevelopment project with local authorities is required solely to ensure the safety of citizens living in the building, since unauthorized work can lead to a violation of its integrity and create a threat to people's lives.

At the same time, the overwhelming number of redevelopments require a minimum amount of action from the owner. If the work is simple and does not involve major changes, only a sketch will be required. In other cases, a full-fledged project for future redevelopment may be needed.

In situations where the work performed significantly violates the requirements of the standards, the authorized body has the right not only to impose a fine on the owner, but also to oblige him to return the premises to its original appearance. To avoid this, it is advisable to go to court and seek legalization of the work performed.

The main requirement will be the plaintiff’s request to preserve the redevelopment carried out, and not a request for permission to carry it out. The decisive argument in this case will be the absence of violations of safety standards while respecting the rights and interests of other persons.

Legalization of unauthorized redevelopment in an apartment

So, if you set out to find out whether it is possible to legalize redevelopment in an apartment, then you should know the procedure and procedure. Below we will tell you what to do if the redevelopment has already been done without permission.

The first step in order to legalize the redevelopment of an apartment is to collect the necessary documents.

These will include technical and design documentation for the apartment, approvals from government services, neighbors, other owners and the management company. In addition, you will need to contact local authorities responsible for architecture.

Here's what needs to be done in order to legalize the redevelopment with the help of the court.

Do not forget that the final decision will be made by the court after considering your claim to preserve the apartment in a redesigned state.

After satisfying it, you will also have to perform a number of necessary actions. We will also mention them further in the text.

As practice shows, legalizing AWOL is quite a troublesome matter. Therefore, it would be useful to resort to the services of a lawyer who has thoroughly mastered the real estate niche.

A housing lawyer will not only help prepare all the documents, but will also provide services to support the legal process of legalizing unauthorized redevelopment of an apartment.

Note! Not every unauthorized redevelopment can be legalized, therefore, before breaking down walls, combining a room with a balcony and loggia, or moving a kitchen and bathroom, consult a lawyer.

The result of the consideration of the claim on the merits

Satisfaction of the claim becomes possible only if the plaintiff can prove the safety of the redevelopment carried out, as well as the absence of violations of the rights and interests of other citizens.

When there are several owners of residential premises, each of them is involved in the process. If the court makes a positive decision, after the expiration of the period for appeal, the plaintiff must contact the BTI to document the changes made to the layout.

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.

Registering changes

The process of legitimizing the redevelopment is not limited to satisfying the plaintiff’s demands. To complete the matter, you need to apply for a new cadastral and technical passport for the apartment.

Important! If, as a result of redevelopment, the area of ​​living space has increased or decreased, state registration of the changes made in Rosreestr will be additionally required. You need to contact the government agency with an application and a new technical passport for the facility.

How to file a claim?

Detailed information on the form, content and attached documents to the statement of claim is contained in Articles 131 and 132 of the Civil Procedure Code of the Russian Federation. The application must provide information:

• Name of the court where the applicant is applying.
• About the plaintiff - full name, place of residence. Another person, not necessarily the owner, can go to court; in this case, information about the representative is indicated.
• About the defendant - full name, place of residence, if organization - name and location.
• About third parties who may participate in the process (for example, employees of other organizations).
• About the premises: address, type - residential or non-residential, details of the certificate of ownership, when the redevelopment was carried out.
• Information about the team or specialized organization that performed the work (if the owner contacted third parties).
• What skills does the owner have (if the work was carried out independently).
• Reasons why the owner does not have permission for redevelopment.
• Details of the conclusion of Rospotrebnadzor that the work performed does not contradict sanitary standards.
• Details of the conclusion of the Ministry of Emergency Situations that the redevelopment does not violate fire safety requirements.
• Details of the expert opinion. The owner of the apartment can invite an independent expert to give his opinion: is it possible to keep the apartment in an updated form
  . This may influence the outcome of the trial in favor of the plaintiff.
• The plaintiff requests that he save the changes made. Here it is necessary to list what exactly has changed after the redevelopment.
• List of attached documents.
• Date, signature.

If the application is submitted electronically through the official website of the court, the signature must be electronic.

• statement of claim to the court to legalize the redevelopment of the apartment
• statement of claim to the court to legalize the redevelopment of the apartment

Failure Cases

The procedure for legalizing redevelopment is carried out exclusively through legal proceedings, however, the decision may not be in favor of the plaintiff.

The reason for this is that the owner carries out certain types of work, for example the following:

• Transfer of the ventilation system (violation of the original state of ventilation);
• Increasing the kitchen space due to the living space;
• Relocation of gas equipment (gas pipeline and stove);
• Increasing the area of ​​the bathroom at the expense of other rooms of the apartment, including the location of wet areas above the living spaces;
• Dismantling of plumbing ducts, as well as installation of engineering and technical equipment in the wall space;
• Transfer of the heating system to the territory of the loggia or balcony.

The problem is that for some types of work permits are not issued under any circumstances. That is why, before submitting an application to the court, it is important to verify the possibility of legalizing the redevelopment and prepare a sufficient evidence base, which will necessarily include a conclusion on the compliance of the work performed with the requirements of SanPin, fire safety, as well as building codes and regulations (SNiP).

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

An example of a statement of claim for the preservation of unauthorized redevelopment in an apartment

Many owners want to change the appearance of their apartment. Some people like to combine the living room with the kitchen, both bedrooms, or make a shared bathroom. All these actions are included in the concept of “redevelopment and reconstruction of residential premises.”

However, in a number of cases, completed transformations cannot be legalized administratively. The changes were discovered after purchasing the apartment under a sales contract or as part of an inheritance. In such a situation, a number of owners are unsuccessfully trying to obtain the necessary documents through the corridors of officials.

However, the problem can be resolved through the courts. To do this, a claim is filed. Its subject is to preserve the apartment in a redesigned state. Below is an example of a claim.

Cheryomushkinsky District Court of the South-Western Administrative District of Moscow

Moscow, st. Krzhizhanovskogo, 20/30, bldg. 3

Plaintiff: Popova Anastasia Dmitrievna

Moscow, Domashny lane 3, apt. 4

Respondent: Department of Communal Property

Moscow city administration

Moscow, st. Extreme, 324

Statement of claim to preserve the apartment in a state of redevelopment

I, Popova Anastasia Dmitrievna, live in apartment No. 4 at Domashny Lane 3. This residential premises belongs to me by right of ownership under a purchase and sale agreement concluded with Sergei Ivanovich Viktorov on June 16, 2021. My rights to the apartment are confirmed by an extract from the unified register of real estate under No. 147234.

Now I want to sell my home due to the need to move to another city. However, the following problems arose.

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In the copy of the technical passport received at the conclusion of the initial transaction, I discovered some inconsistencies with the current contours of the apartment.

The bathroom is combined, although according to the documents it is designed as separate. In addition, the area of ​​the balcony in the living room was increased by removing the partition in the living room.

It was not possible to legalize the redevelopment administratively due to the fact that the first owner of the apartment did not provide the necessary documents confirming the construction work.

The redevelopment carried out by the previous owners does not violate current building codes and does not threaten the life and health of others.

This is confirmed by a certificate from the Municipal Unitary Enterprise BTI dated November 15, 2018.

The territorial body of the State Fire Safety Inspectorate, in its conclusion dated November 30, 2018, indicated that the work done by the previous owners does not affect the state of fire safety. A positive conclusion was also received from the Federal Budgetary Institution of Health “Center for Hygiene and Epidemiology in Moscow” and the expert organization Tokmos LLC.

Based on the norms of current legislation, namely Art. 29 Housing Code of the Russian Federation, Art. 131, 132 of the Civil Procedure Code,

I ask the court:

Save the apartment located in Moscow at Domashny Lane 3, apt. 4, in a redesigned form in accordance with the technical data sheet as of November 18, 2018.

Application:

1) Receipt for payment of state duty (original - 1 copy).

2) Technical passport of the residential premises (apartment).

3) Technical conclusion No. 12/07 Tokmas LLC.

4) Expert opinion of the Federal Budgetary Institution of Health “Center for Hygiene and Epidemiology”.

5) Certificate from MUP BTI.

6) Extract from the Unified Real Estate Register.

7) Copies of conclusions from municipal services.

Plaintiff Popova A.D.

What should I include with the claim?

In addition to the application and its copy (the number of copies is equal to the number of defendants and third parties), you need to prepare the following documents:

1. Title documents for the premises (copy).
2. Receipt for payment of state duty.
3. Conclusions of the Ministry of Emergency Situations, Rospotrebnadzor, BTI, and other authorized organizations.
4. Expert opinion that the changes made did not affect the strength of the house.
5. Technical plan of the apartment before work (copy).
6. The plan according to which the redevelopment was carried out.
7. Estimate for construction work.
8. New technical plan.
9. Certificate about those registered and living in the apartment.

Important! If a representative of the plaintiff applies, a power of attorney or other document certifying the authority of the applicant must be added to the documents.