How to legalize a basement under your apartment

What are the requirements for the basements of apartment buildings
? There is probably no apartment owner who has not thought about solving the problem: how to privatize a basement in a residential building, reconstruct it and adapt it to suit his plans. The most interesting thing is that it is not so expensive, if we consider for comparison what the price is today in the modern real estate market for one square meter.

How to legalize a basement

Residents of the first floor in an apartment building can make the basement part of their property. To do this, they will need to legalize the basement

. As a rule, this procedure is carried out with the aim of further converting it into a cellar. If the apartment has a balcony, part of the basement located under it can be combined with it (this can be the same cellar, or any other room). In order to carry out such a reconstruction, you need the written consent of all residents of this apartment who are over eighteen years old, as well as documents confirming the right to own it. Having collected the necessary papers, owners must contact the district's architectural department. After reviewing the application, they will receive an answer whether it is possible to legalize the basement or not. In the second case, the reasons for the refusal will also be indicated. Firstly, correctly drafting a statement of claim is a very difficult matter, requiring knowledge of many legal issues. Meanwhile, it is of great importance, because even if you have documentary evidence of your own innocence, an incorrectly drawn up application can ruin all your plans, leading to a refusal in court.

Refurbishment of premises

After receiving the consent of the residents, you can begin to re-equip the areas to suit your needs. This can be done in the following ways:

Drawing up the necessary design documentation, coordinating it in accordance with the requirements, and then performing refurbishment procedures with the help of builders or independently.
Carrying out work to re-equip the basement, and then completing documentation, conducting examinations and obtaining documents authorizing reconstruction from the BTI.

When carrying out the re-equipment of areas, it is necessary to take into account that if there are engineering systems on the privatized site that support the building, it is necessary to provide free access to them for specialists to carry out routine and repair work. Also, the owner should not forget about fire safety. In addition, there are requirements for basements in apartment buildings, and these must also be met.

After the procedure for approving the reconstruction, the owner must contact the BTI to re-issue the technical passport, indicating in writing all the changes made. This procedure is of great importance for all residents of the house, because the amount of utility costs is divided equally between them. And as a result of reconstruction, the basement area will decrease and the number of payers will increase.

How to legalize a basement under an apartment

Firstly, it is immediately worth noting that attics and basements are not always public places, and accordingly, they belong by right of ownership to the owners of the house. So, based on the provisions of paragraph. 2 p. 2 art. 235 and paragraph 1 of Art. 290 of the Civil Code of the Russian Federation, as well as Art. 36 of the Housing Code of the Russian Federation, by right of common shared ownership, belong to premises that are not parts of apartments and are intended to serve more than one room in a given building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are utility lines, other equipment serving more than one room in a given house (technical basements), as well as roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment outside or inside the premises and serving more than one room. Thus, the Law includes technical floors as common shared property, i.e. Such permission is given in the form of a decision of the general meeting of owners of premises in an apartment building (voting can also be by absentee voting). Then the design organization needs to prepare a technical report, a reconstruction project and approve it with the Moscow Housing Inspectorate. It is possible to obtain part of the common property for rent or use. This requires the consent of two thirds of the owners of premises in an apartment building.

Is it possible to privatize a basement or attic in a residential building?

The Civil Code of the Russian Federation states that basement and attic rooms for common use belong to apartment owners if they are intended to serve more than one room. In municipal housing, residents have the right to own common premises from the moment the first apartment was privatized. If before this the municipality managed to allocate the basement as a registered object for independent use for purposes not related to the maintenance of the house, the rights to such area belong to the city authorities. And everything else will be recognized as belonging to the residents. Privatization of common property is a controversial process. In each house, more and more often there are tenants laying claim to one or another plot. With the development of modern information technologies, people have become more savvy in the issue of their rights, therefore, feuds and disputes not only with government agencies, but also between apartment owners over the division and ownership of this or that area have become more frequent. Such disputes are resolved through the courts.

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How to legalize ownership of a basement

Ildar! If this basement falls under the concept of “common property”, then see paragraphs 1 and 2 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 23, 2009 N 64 “On some issues in the practice of considering disputes about the rights of premises owners to the common property of a building”, and also see clause 3: The right of common shared ownership of common property belongs to the owners of premises in the building by force of law, regardless of its registration in the Unified State Register. It is not possible to unambiguously qualify your situation, because... there is not enough initial data (on the number of copyright holders of premises in the building). Good afternoon Yulia. I have already said that the basement is technical. There are engineering communications there. In some places the ceiling height is 1.5 meters. You won't be able to walk at full height. The agreement for the premises indicates that the right to use the basement is transferred.

Is it possible to privatize a basement in an apartment building?

Based on this, residents can put forward demands for a basement if it does not have utility systems (water, heat supply, etc.). The legal basis is the Civil Code, Article 235 paragraph 2 and 290 paragraph 1. According to these legislative acts, residents can claim not only basements, but also attics, elevators, etc. Many people living on the first floor of an apartment building want to know whether it is possible to privatize part of the basement that is located under the apartment. Some people want to transfer it to residential premises, others simply want to register the privatization of this premises in their name in order to be able to expand the living space.

How to register a basement as your property in an apartment building

After agreeing on the reconstruction of the underground premises, you need to submit an application to the BTI to re-issue the technical passport of the building or residential apartment building. In an apartment building, such reconstruction is of great importance, since the amount of expenses for housing and communal services is calculated based on the area of the common property of the house and is distributed among all residential and non-residential premises in proportion to their area. After reconstruction, the area of common property will decrease, and the number of payers will increase. One of the most difficult aspects of transferring a basement into ownership is persuading the owners of apartment buildings to vote on the issue of alienation of part of the common property. The procedure for holding a general meeting and voting is prescribed in the Housing Code of the Russian Federation. First of all, you need to notify everyone about the meeting. This must be done 10 days before the event, for example, using announcements in the entrances. The turnout must be over 50%, that is, there must be a quorum for the meeting to take place. To change the boundaries of the premises, it is enough that more than half of those present vote in favor.

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Registration of permission to privatize the basement

Basements are divided into two types:

those to which public access is allowed. They are used to store personal belongings, food and other things;
those to which general access is prohibited. Used for engineering systems, access is allowed only to maintenance specialists.

In both cases, the basement is the property of the residents of the apartment building, and therefore privatization will require their approval, which is sometimes difficult to obtain. To obtain it, a meeting of the residents of the house is required, which must be documented and have a positive result. In order for the procedure to be carried out correctly, it is necessary to study the relevant articles in the Housing Code.

The first step is to notify all residents of the apartment building about the meeting:

They must be notified ten days before the meeting. This can be done with the help of announcements posted at each entrance;
at least half of the owners must be present at the meeting;
transfer of the basement to private ownership is possible only if more than half of the positive votes are received.

The second step will be the counting of votes. When carrying out this action, it is prohibited to falsify ballots and protocols. If any of the residents does not agree with privatization and contacts the state inspection body, they will have to provide all documents for verification. If facts of falsification are discovered, punishment will inevitably follow.

It follows from this that when designing a basement, it is necessary to comply with the legal regime so that there are no subsequent problems with the law and opponents of the privatization of these areas.

If you need to acquire ownership of a basement located in dormitories or administrative buildings, you will also need to obtain the consent of the owners. The only difference will be that in this case there are fewer owners, which means that obtaining permission will be simplified.

How to legalize a basement

When converting the basement in the technical room of the house, the consent of the owner of the house will be required. If you have consent, you can begin the procedure of registering part of the basement as your property. The use of a technical basement for personal purposes is considered a reconstruction of the apartment; accordingly, it will be necessary not only to coordinate the re-equipment of the basement, but also to re-issue the package of documents for the apartment in its updated form. It is necessary to legalize a basement if a decision has been made to use it for personal purposes - to use it as a cellar or additional space for an apartment located on the ground floor. If the apartment located on the ground floor has a balcony, then the owner can equip a cellar under the balcony. To legalize such an extension, a package of documents is required for the right to own the living space, as well as the consent of all adult residents registered in the apartment. By contacting the district's architectural department with a set of documents, you can obtain permission to build a cellar or find out the reasons that exclude this possibility.

Fire department requirements

What is needed for fire safety projects
After all construction work has been completed in accordance with the design documentation, the requirements of firefighters have been met and the technical passport has been reissued, you can proceed to the last stage of privatization.

Obtaining a document of state registration, in order to obtain it you must:

Write a written request.
Attach to the written request the formalized permission of all home owners.
Provide a reissued technical passport.
Present a payment document confirming payment of the state fee.

If the listed documents are completed correctly and are valid, then there should be no problems with obtaining a certificate. It will be issued immediately after checking the provided package of papers.

Features of privatization of a basement in an apartment building

Similar cases occur in practice. Often, owners occupy basement areas without permission. They can claim that they did the refurbishment at their own expense and that this is enough to legally own the premises. However, as described earlier, this is not the case. If a general meeting of owners was held with positive results, but without further action on privatization, the person cannot be considered a copyright holder. It is easy to understand that the implementation of such plans is beneficial at the low cost of privatizing the premises. To this we can add that the procedure for acquiring ownership of space is simple if you carry out all actions in accordance with the law.

Rules for resisting self-hijacking

Punishment for illegal actions
These instructions for the privatization of a basement in a multi-apartment residential building will not be complete if it does not indicate how to act correctly when all the basements are occupied without permission.

Situations like this are very common:

Pseudo-owners usually claim that they have every legal basis to occupy this or that basement area. They justify their assurances by the fact that they re-equipped the premises using their own funds.
Even if this fact is confirmed, and the use of the basement was agreed upon at a general meeting of residents. But other than this, there are no other legal grounds for ownership, then the situation can be radically turned in the other direction.
To do this, it is necessary to organize a new cathedral due to a change of owners and make a different decision on the distribution of the basement space.
This is especially true for houses belonging to the old housing stock. In them, basement spaces have been distributed since ancient times, without any legal procedures.
Therefore, in order to resolve the conflict situation, it is necessary to demand at a general meeting of residents to legalize ownership of the extra meters in the basement. And to fulfill this condition, it will be necessary to perform a new redistribution.

Only in this way can you obtain ownership of the basement premises and use them according to your plans. For more detailed information, we recommend watching the video in this article.

Is it possible to privatize a basement or attic in a residential building?

Permission for the reconstruction of the attic space.
Act on the technical condition of the premises.
A certificate stating that the premises are not the property of third parties.
Initial attic plan.
Plan of an apartment building and an extract from its technical passport.
Technical plan of the apartment, which is located under the attic.
New cadastral passport and attic plan.
Documents for the apartment (certificate of ownership, cadastral passport, etc.).
Applicant's passport.

Issues of privatization of common household property are regulated by the Housing Code of the Russian Federation. Article 36 of the RF Housing Code defines the rights of apartment owners to additional space. The law states that attics and basements can be privatized into the common shared ownership of residents in the prescribed manner.

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Legislative document defining the right of ownership of premises in the basement

It immediately becomes clear that realizing your plans for such a cost is a profitable business. In addition to this, the privatization of the basement in an apartment building itself does not cause any difficulties if you strictly follow the rules established by law.

Attention! Article 36 of the Housing Code of the Russian Federation precisely answers the question of who owns the basements in an apartment building and resolves various controversial issues.

So:

This document states that the owners of all premises in the basement of an apartment building are the residents, all without exception.
Only they have the full right to resolve issues of privatization or leasing by private individuals and organizations.

Note. It is worth considering that those premises in which utility networks are located, providing the entire building with energy and utility resources, are prohibited by law from being transferred into private ownership.

The entire rest of the basement of an apartment building can be freely given over to arranging a store, hairdresser, workshop or even residential premises.

Attaching a basement to an apartment

Once there was such a drinking spree. In order of nonsense: we live on the first floor, below us is a basement (very high), which is used by the residents of the entrance to store all sorts of odds and ends. Our closet is located directly under the apartment + a couple more closets that are not occupied by anyone (at least 20 meters). One day, drunken guests offered to occupy these closets, hollow out the ceiling, make a ladder and equip a sauna with billiards, blackjack and related attributes or a cinema under the apartment. What do you think, dear friends, is it really possible to bring to life the idea of adding a basement to an apartment (not necessarily for a sauna)? Seriously though, it’s possible, but it’s just not worth the trouble, IMHO. Basements and attics are the common property of residents. It can be rented with the consent of 2/3 of the owners of the entire house, by decision of the general meeting. After that, everything that is required: the project has been agreed upon, not just for a piece “under the apartment,” but as a reconstruction of the entire house (the basement refers to the technical documentation for the house, not the apartment). With all the charms, like Glavarkhitektura. Entrance from a private apartment is not allowed (cutting the ceiling will not be allowed).

Registration procedure

Residents of the basement need to know what the privatization of a basement technically consists of:

You can build a basement or attic above the apartment after a meeting of all residents. They should be warned about this through an announcement. Voting takes place at the meeting. An official protocol will also need to be drawn up.
A person is advised to carefully study the legislation that is used to regulate relationships in this area. Next, a package of documents is collected. It includes statements from all residents with a signature and its transcript. Documents are certified by a notary.
Interference with the foundation structure is considered unacceptable. All reconstruction projects must be agreed upon and included in the contract. It is acceptable to include various materials, such as concrete, in the original plan.
The collected package of documents will need to be submitted to a special commission, which is created at the local level.
If you need to do construction work in the basement, you will additionally need to obtain permission from the City Architecture Department.

Collect the necessary documents for privatization of the basement

An application for privatization of property will need to be submitted to the court. It must be supplemented with permits.
Ownership rights are finally transferred after inventory. The process is carried out by representatives of the BTI or cadastral service.

Completion of all procedures is possible subject to payment of the state fee. The receipt is attached to the documents and submitted to Rosreestr. For apartment owners, the process will not be difficult. However, it will require significant funds to be allocated.

How to properly privatize a basement in an apartment building

Description of the basement area and its other features. It is important to draw up project documentation correctly. You can do this yourself or use the services of a special organization.
If a decision has not been made to carry out reconstruction, then it is carried out preliminary. After this, the area is legitimized through special examinations. The Technical Documentation Bureau issues the final permit for reconstruction.

In monolithic construction, many controversial issues arise in the privatization of plots. Residents are trying to reclaim space that was illegally occupied by commercial enterprises. For the owner, such a deal is profitable. Residents have the right to check that he has all the necessary documents. There are many basements privatized by apartments, but such reconstruction should not disturb the other residents of the building.

How to privatize a basement in an apartment building: the subtleties of the process

This can be done through advertisements, by sticking them near each entrance. Residents of the building must be notified 10 days before the start of the meeting.
Attendance at such an event among owners should be at least 50% of the total.
In order to transfer part of the basement into private ownership, it is necessary to receive more than half of the positive votes.

This is a difficult matter, there is a lot of red tape with documents and tenants. But the desire is huge, the article helped to sort everything out in my head, what’s what and where to start. I will definitely watch another video to finally consolidate the material. Maybe someone is doing the conversion, write a comment below and let’s chat.

24 Dec 2021 marketur 767

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