Home / Housing disputes / Privatization of the attic above the apartment
Residents of the top floors of an apartment building are looking for opportunities to expand their living space. One option is to privatize the attic above the apartment. An improved attic will not only add square footage in height, but will also increase the value of the living space.
However, you need to remember that the attic is part of the property of an apartment building. According to the law, it belongs to all residents of privatized apartments.
The property of the house is also considered to be elevators, landings, basements, adjacent corridors... Unauthorized seizure of additional space is considered a malicious violation. If a hidden use of the attic is discovered, the offender will be required to return the attic, and in addition to this, to compensate the damage to the other apartment owners.
Is it possible to privatize the attic above the apartment? We propose to understand the issue from the legal perspective. At the same time, you can familiarize yourself with the procedure and nuances of privatization of non-residential premises in a residential building.
✅ Is it possible to privatize the attic above your apartment?
Apartment buildings include property that belongs to all apartment owners. Stairs, attics, elevator shafts - all this is the property of the residents (Article 36 of the Housing Code of the Russian Federation). The latter can enter into an agreement for the maintenance of facilities with the Management Company or Homeowners Association.
Is it allowed to privatize the attic above your apartment? Yes, such a right exists. But in practice, not all residents of the building enjoy the privilege, but only the owners of apartments on the top floors. This is logical, because it is easier for them to arrange additional space and create something like an attic or a two-tier house.
Why do residents need to privatize the attic above their apartment:
- Use for personal purposes - for example, creating an additional room (rest room, warehouse, dressing room).
- Increasing the value of your apartment - housing that is sold together with the attic is much more expensive than ordinary square meters.
- Commercial lease - non-residential objects in the house can be leased to individual entrepreneurs or legal entities; rent becomes an additional source of income.
- Protection from encroachments - the privatized attic above the apartment cannot be used by third parties (for example, the local administration without the consent of the residents).
Thus, privatization of the attic above your apartment is possible - this is a profitable decision to become the owner of non-residential premises. An object can be used for different purposes and benefit from it.
Installation and repair work
After all the documentary aspects of the issue have been resolved, and the apartment owner has documents confirming the right to own the attic or part of it, you can begin to examine the property. First, you will need to check the load-bearing systems and roof structures.
It is recommended to involve specialists to conduct such examinations. Experienced builders and designers are able to assess the actual condition of the main elements of the future attic structure. Also, if possible violations or deformations are detected, it is necessary to repair or replace the structure.
Additionally, it is recommended to inspect the lower areas of the house: foundation, walls, floors. The fact is that an apartment building is not always ready to increase the load on its components. After this, you can draw up a project for the attic space. The project must take into account work on insulation, insulation and installation of various systems.
You cannot connect water, turn on heating or install sewerage yourself. Improperly performed work can lead to accidents and failure of all systems of the entire house. Therefore, it is best to hire plumbers, installers and other specialists who can help resolve this issue.
Since the house is multi-story, it is recommended to give preference to light or lightweight structures. Additionally, each purchased element must be treated with a fireproof solution.
IMPORTANT! A separate step is to install the entrance to the attic through the ceiling of the apartment. Here you need to take into account that there are other living spaces under the apartment, and the owner of the attic is responsible for their safety.
When all construction and installation work is completed, all that remains is to sign an agreement for the use of the attic. Changes that occurred during this stage must also be recorded in administrative and technical documentation.
✅ In what cases is it possible?
Only apartment owners can become the owner of an attic space. Most often, located on the top floor of an apartment building, i.e. right under the attic. Residents of municipal apartments do not have this right. Before privatizing the attic, they will have to transfer ownership of the occupied living space.
There are several conditions for privatizing the attic above the apartment:
- the premises are not privatized by anyone;
- the attic does not serve as a crossing point for engineering components (electrical wiring, gas pipelines, water supply);
- the object is not considered emergency (Read “How to privatize emergency housing?”);
- consent of residents of the lower and middle floors.
It happens that the attic space has already been privatized, but the owner does not use it. What to do in such a situation? A smart solution would be to negotiate with the owner to rent the attic. The second option is to try to buy out a non-residential property. Financial costs can be offset by renting out the attic for commercial rent.
How to rent an attic in an apartment building and non-residential building?
An attic in a non-residential building or apartment building can be rented for living or doing business. To do this, you need to contact the HOA or Management Company. A community meeting is organized. Residents decide to rent out the attic space and determine the amount of the monthly payment.
All changes that will be carried out on the technical floor are agreed upon. Next, a lease agreement is concluded and registered in accordance with the procedure established by law. Then the project is developed and approved, repair work is carried out and adjustments are made to the technical documentation.
It is important to reflect all changes in the lease agreement and register.
✅ When is privatization impossible?
Before privatizing the attic above your apartment, you need to assess the status of the non-residential premises. There are several factors that prevent the attic from being converted into private property.
Prohibition on privatization of the attic:
- If the premises contain the most important communication nodes, and the privatization of the attic will create access difficulties for management employees and emergency services.
- The apartment building is included in the list of capital repair projects.
- The residential building is subject to demolition.
- The attic space is already owned by another person.
These reasons make it impossible to privatize an attic in an apartment building. However, you can consider the option of renting an attic. The main condition is that it does not create difficulties for access to engineering units, otherwise failure will follow.
Example: The Savelyevs lived on the top floor of a 5-story building. There is an attic above their apartment. The house was new, so the additional space was in a suitable condition - it resembled an attic. Savelyev was engaged in business - he had a small printing laboratory. Figuring that it would be cheaper to run an individual entrepreneur in the attic close to his apartment, Savelyev posted notices inviting residents to gather for a general building meeting. Further, the individual entrepreneur spoke about the idea and asked permission from the residents to privatize the attic as their property. Of course, not just like that - Savelyev promised the residents a small compensation. Consent was received, the individual entrepreneur went to the housing inspection. Representatives of the management company checked whether the premises met housing standards. It turned out that the attic is the center of communication nodes - cold water pipes, boiler room, electricity. Converting the attic for the needs of a printing laboratory is impossible. Transferring engineering units is also difficult. Savelyev could have privatized the attic, but he was forbidden to place a laboratory there.
Design
The design of the future attic directly depends on the purpose of the room planned for use. So, for example, you can turn the attic into:
- library;
- cabinet;
- winter Garden.
And this is not a complete list of possible changes. There were cases when a workshop was made from the attic. Also sometimes the attic became an open area. In this case, the ceiling is made of transparent material for observing the night sky.
When arranging the attic, it is worth considering separately the issue of lighting the room. In order for the space to be well lit, you will need to install additional light holes, which will later become the windows of the future room. It is recommended to make the walls light to visually expand the space and make it more comfortable and warm.
ATTENTION! As for the use of lamps, massive chandeliers, lamps, it is better to avoid them, since the devices will add load to the roof.
If you want to protect the room from sunlight, you can use roller shutters.
✅ How to privatize the attic above your apartment?
Preparation for privatization of the attic above the residential premises has three main directions: obtaining the consent of the residents, registration of the attic and registration of the right in the Rosreestr branch.
