- Conditions for legalizing redevelopment
- 3 ways to legitimize redevelopment
- What documents are needed
- Where to submit documents
- How to legalize redevelopment through APM-1
- What will happen if the redevelopment is not legalized
- Real example: what happens if illegal redevelopment is found
It is better to coordinate redevelopment in the apartment before making repairs. In an ideal world, all Moscow residents first collect documents, consult with specialists, obtain permission from the Moscow Housing Inspectorate, and then carry out the redevelopment. In reality, it happens that first they demolish partitions in apartments, and then they think about what to do about it.
Understanding how things really are, the Moscow authorities are allowing the redevelopment, which has already been completed, to be legalized. You just need to remember a number of conditions. In this article we will tell you how to legalize redevelopment in a Moscow apartment in 2021: when this can be done, where to take the documents and how to facilitate the legalization process.
Conditions for legalizing redevelopment
You will be able to officially draw up a new apartment plan if two conditions are met:
- the redevelopment carried out in the apartment must be permitted , and this fact is documented by means of a technical report on the admissibility and safety of the work performed;
- All apartment owners must give their consent to the renovation. If you do the legalization yourself, then one of the owners of the apartment receives written consent in free form from the other owners that they are not against legalizing the redevelopment at this address. This consent is not required to be certified by a notary. If you legalize the redevelopment through APM-1, you need a power of attorney from all owners of the apartment. This will be considered consent to legitimize the redevelopment.
Not every redevelopment can be legalized. If the owner of an apartment has demolished part of a load-bearing wall and the slabs above his apartment have sagged, this will not be legalized.
The same applies to combining a loggia with a hall or kitchen without installing double-glazed windows. This may affect the distribution of heat throughout the house, so such work is prohibited.
What is allowed and what is not is determined by Moscow Government Resolution No. 508-PP., or rather the Requirements for the reconstruction and (or) redevelopment of residential and non-residential premises in apartment buildings and residential buildings approved by it. If you do not know how pylons differ from columns and what a stiffening diaphragm is, it is better to entrust the assessment to a specialist.
There are other regulations, for example, SP 54.13330.2016 “Residential multi-apartment buildings”. This is a set of rules for the design and construction of multi-apartment residential buildings.
We advise you to contact design bureaus as soon as you decide to legalize the redevelopment. If at least one part in your repair does not meet the approved requirements, you should first fix it, and only then take any action to coordinate the work performed. Otherwise, you will have to redo not only the renovation, but also the technical documents for the apartment - this will minus 10,000 rubles from your wallet.
If the apartment is in social rent, the consent must be signed by all members of the tenant's family - previously he was called a responsible tenant. A social rent agreement is concluded with the state or municipality. Members of the employer's family are the spouse, children, and parents (Article 69 of the Housing Code of the Russian Federation). He must include other relatives as members of his family, then their consent is also required.
Those who rent an apartment based on an advertisement or are simply registered in it do not need to ask permission.
It is impossible to force relatives or other co-owners of the apartment to give consent to its redevelopment, even through the court. People tried it, it didn't work out.
Expert advice in a convenient format
- 103 publications
- 3,442 subscribers
Go to Instagram
How can redevelopment be legalized?
Redevelopment can be legalized in three ways:
- According to the sketch , if a minimum of changes were made during the redevelopment, load-bearing structures and floors were not affected, and the boundaries of wet zones were not transferred.
That is, you can combine rooms, remove old or make new partitions, create a dressing room, but if the bathroom is expanded by at least 10 cm or the toilet and bathroom are combined, the kitchen niche is moved somewhere, then full coordination is required.
- According to the technical conclusion on the admissibility and safety of the work performed. This applies to all work that involves wet areas, load-bearing walls, and floors. The conclusion is prepared by the design bureau, which is part of the SRO of the designers, or by the authors of the building project, if load-bearing structures are affected, or the house contains wooden or mixed floors. If the authors of the house project are unknown, you can contact the State Budgetary Institution “Expert Center”, they will issue the necessary conclusion. Then, based on the BTI plan, where the red lines mark the changed layout of the apartment, an act of completed reconstruction is obtained.
You can obtain the conclusion of the authors of the house project yourself, or you can entrust this to a design company - such as APM-1.
Examples of technical reports from the authors of the house - State Budgetary Institution "Expert Center" and MNIITEP. The documents present the results of an inspection of apartments, calculations of the load-bearing capacity of the walls, as the owners made new openings in them, as well as conclusions and recommendations.
This is what the conclusion about the admissibility of the work carried out in the apartment looks like.
An example of the identified redevelopment in the technical passport. Red lines indicate inconsistencies with the BTI plan that need to be agreed upon.
- According to the redevelopment project. This is the most preferable option for legalization if the BTI or the Moscow Housing Inspection are not yet aware of your redevelopment. It helps to avoid large fines and lengthy approvals: you can legalize an apartment in 4-5 months. For comparison: legalization based on a technical report takes from 6 to 8 months.
In this case, a technical report is also drawn up, but is called a little differently and is included in the project. This procedure is general and applies if the work is agreed upon in advance. This can be done if the authorities do not yet know about the redevelopment, and it is not highlighted on the BTI plans. The result will be the same - the designers will check that the redevelopment does not harm the safety of the building, and the Moscow Housing Inspectorate will recognize it as legal.
If there are no red lines on the apartment’s technical passport, you can legalize the redevelopment according to the project.
To approve the redevelopment of the project, you will need two documents:
- technical conclusion on the possibility of redevelopment;
- redevelopment and reconstruction project.
In our company, preparing such documents for an ordinary apartment costs from 25,000 rubles.
on WhatsApp
How to legalize redevelopment in an apartment if it has already been done? How much does it cost to legalize redevelopment in an apartment? Is it possible to formalize the redevelopment of an apartment without a project?
Hello!
