Coordination of partitions in an apartment: is it necessary and in what cases, the construction and dismantling of which structures does not require it?

What can you do without permission?

Work with partitions that will not affect the structural integrity of an apartment in a house or other premises, as well as their area, is considered permitted and therefore does not require obtaining any permits. These include:

Dismantling partitions installed in cabinets;
Installation of rotating and sliding door panels;
Changing the appearance of an already installed partition or wall (not load-bearing), which is taken into account in the technical passport (painting, wallpapering, any decoration, etc.). This also includes the dismantling of the partition, provided that it is demolished and rebuilt completely, in accordance with the data in the technical passport.
Installation of partitions that are easy to disassemble and move to a new location.

In the latter case, it is worth considering that the range of partitions is quite wide, so in this case an important factor is that such a structure should not reach the ceiling in height, much less be attached to it. These include any mobile partitions, modular, screen partitions, sliding doors, bar counters, light arched partitions, etc. Moreover, the partition should not have a heavy structure, that is, put a load on the base, so it should be made of lightweight materials, for example, plasterboard, chipboard, PVC, fabric, etc., and of course have lightweight fillers.

What is it and what is it for?

Let's consider the types of apartment redevelopment acts.

About the completed redevelopment

What is an act of completion of reconstruction and (or) redevelopment of residential premises?

Upon completion of the modernization of residential property, the owner must have in his hands a document confirming the completion of these works .

Without paper about the completed redevelopment, you will not be able to subsequently sell your apartment, donate it, or carry out other transactions.

Find out about the features of buying and selling an apartment with redevelopment on our website.

Technical documents simply will not correspond to reality , which means they may become the basis for appealing to the court on the fact of non-compliance.

What is a document about completed redevelopment? This document may apply to both residential and non-residential buildings.

The act is signed upon completion of the repair by all parties who participate or participated in the process of modernization work in the apartment.

This paper is legal and actually confirms the fact that the measures have been completed in accordance with the design documentation and construction regulations.

You can find out what an act of completion of redevelopment is from the video:

Sample act on completion of redevelopment of residential premises.

Hidden works

What is an act of hidden work when remodeling an apartment? Such a document is considered executive documentation with technical overtones. That is, the paper lists the names of the procedures performed, as well as the cost in accordance with the estimate.

This document is presented to the commission formed by the Housing Inspectorate at the moment when the fact of completed redevelopment is accepted.

Sample act of hidden work when remodeling an apartment.

Intro for exploitation

What is the act of putting an apartment into operation after redevelopment of the apartment?

The act of putting an object into operation is a paper, which is a form that certifies the fact that construction, or rather redevelopment, was completed to the required extent and in accordance with all technical documentation and plan.

Sample certificate of commissioning of an apartment after redevelopment.

Read on our website about how to legalize redevelopment that has already been done in an apartment, as well as how to obtain a technical opinion through the court.

Changes requiring approval

Carrying out work with partitions that will not make significant changes to the configuration of the room and will not affect overall safety, but will require changes to the technical passport, must be approved. Moreover, permission to conduct them is quite easy to obtain. Such work includes:

Removing the partition between the bathroom and toilet.
Installation of a partition to separate the toilet and bathroom.
Construction of an additional opening in an already installed partition or wall, if it is not load-bearing, since such a passage is not equivalent to the complete demolition of the structure.
It is possible to move partitions or walls that are not load-bearing to change the layout of rooms or create new zones. But in this case, permission will be obtained on the condition that each room has a window and a heating radiator.
Combining a room with a corridor (such work is carried out to increase the area of the hall).
Installation of any ceiling-height partitions.

Prohibited works

There are also redevelopment works that are completely prohibited by law. These include:

Demolition of any load-bearing structures of the building (only partial dismantling is allowed, but only after a thorough check by a specialist).
Combining heated rooms with unheated ones (for example, a balcony with a room). Complete demolition of the balcony partition and dismantling of the threshold is prohibited.
Combining living rooms with an attic.
Expansion of wet rooms (baths or showers) at the expense of living rooms (permission can be obtained with rare exceptions if, for example, the apartment is located on the ground floor).
Combining a living room with a gasified kitchen.
Exiting the heating system (radiators) to a balcony or loggia, as this may cause a violation of the temperature regime in the entire building.
Dismantling of a common building ventilation shaft.
Dismantling the overflow threshold of the bathroom, since thanks to it the remaining living spaces are protected from flooding.

All prohibitions are explained by the fact that any of the above changes can negatively affect the overall stability of the building structure and fire safety, as well as negatively affect the condition of other premises.

Required Documentation

To obtain permission to change partitions, you must prepare a package of documents:

Applicant's passport.
Application for redevelopment (can be obtained and filled out at the MFC).
Documents of ownership (extract from the Unified State Register of Real Estate, certificate of ownership).
Technical passport, or plan and explication for the premises (must be obtained from the BTI).
The redevelopment project, as well as the protocol of the general meeting of owners on the consent of all owners, if the redevelopment of the premises in an apartment building is impossible without attaching part of the common property to it.
Consent to redevelopment from the remaining owners of the premises, if any (if the premises are in social rent).

If the house is an architectural monument, then it will be additionally necessary to obtain a conclusion from the authority for the protection of architectural monuments on the possibility of carrying out redevelopment work.

The above list may be reduced or supplemented with other documentation. The exact list will be known after the initial appointment with a BTI specialist.

How to coordinate the redevelopment or reconstruction of an apartment?

Redevelopment of an apartment is a change in its configuration, requiring changes to the technical passport of the premises (Part 2 of Article 25 of the Housing Code of the Russian Federation). Reconstruction of an apartment is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the premises (Part 1 of Article 25 of the Housing Code of the Russian Federation). Redevelopment of an apartment includes, in particular, the transfer and dismantling of partitions, the expansion of living space due to auxiliary premises, the elimination of dark kitchens and entrances to kitchens through apartments or living quarters, the installation or refurbishment of existing vestibules, and the refurbishment - for example, the installation of household electric stoves instead of gas ones, relocation of heating plumbing and gas appliances, laying new or replacing existing inlet and outlet pipelines, electrical networks and devices for installing shower cabins, Jacuzzis, etc. (paragraph 2, 3 clause 1.7.1 of the Rules, approved by the Resolution of the Gosstroy of Russia dated 27.09 .2003 N 170).

Cases when redevelopment (reconstruction) is not allowed Redevelopment (reconstruction) of apartments is not allowed, leading to a violation of the strength or destruction of the load-bearing structures of the building, disruption of the operation of engineering systems and (or) equipment installed on it, deterioration of the safety and appearance of facades, violation of fire safety devices (clause 1.7.2 of Rules No. 170). In addition, when remodeling (rearranging) premises in an apartment building on the territory of Moscow, it is not allowed (clauses 10.1, 10.5, 10.7, 10.8, 10.9 of the Requirements, approved by Resolution of the Moscow Government of October 25, 2011 N 508- PP): 1) deterioration of operating conditions of an apartment building and residence of citizens; 2) elimination, reduction of the cross-section of natural ventilation channels, dismantling (partially or completely) ventilation and technical ducts; 3) transfer of heating radiators connected to the general house hot water supply and (or) central heating system to loggias and balconies; 4) installation of heated floors from common house hot water supply and (or) heating systems; 5) violation of the requirements of construction, sanitary and hygienic, operational standards and fire safety rules for apartment buildings.

Procedure for approving redevelopment (reconstruction) To coordinate the redevelopment (reconstruction) of an apartment, we recommend following the following algorithm.

Step 1. Prepare a project for redevelopment (reconstruction) of the apartment. Enter into a contract agreement for the preparation of a project for redevelopment (reconstruction) with an organization or individual entrepreneur who is a member of the relevant self-regulatory organization (SRO) (Part 1 of Article 55.8 of the Civil Code of the Russian Federation). A project for the reconstruction and (or) redevelopment of premises in an apartment building in Moscow must contain, in particular, decisions on fire safety measures, as well as on the installation of engineering equipment and a conclusion on the functioning of internal engineering networks. At the same time, the solutions provided for in the project must include drawings of components and parts, load calculations, information on elements and reuse technologies, development of proposals for the color scheme of the designed elements, landscaping of the territory and visualization of the object (when carrying out work on the facades of the object) (clause. clauses 1.1, 1.2 of Appendix 3 to Moscow Government Decree N 508-PP).

Step 2. Contact the authorized body with an application for redevelopment (reconstruction) and the necessary documents. Redevelopment (reconstruction) of the apartment must be agreed upon with the local government (Part 1 of Article 26 of the Housing Code of the Russian Federation). In Moscow, the redevelopment and reconstruction of an apartment in an apartment building is approved by the Moscow Housing Inspectorate (clause 4.2.1 of the Regulations, approved by Resolution of the Moscow Government of July 26, 2011 N 336-PP). To do this, the owner or tenant under a social tenancy agreement (the person authorized by him) must contact the approval body at the location of the apartment directly or through the MFC (if there is an appropriate agreement between such a body and the MFC). In Moscow, the service is provided only in electronic form using the Portal of state and municipal services (functions) of the city of Moscow (hereinafter referred to as the Portal) (part 2 of article 26 of the Housing Code of the Russian Federation; clauses 1.3, 2.4.1.1, 2.4. 1.2, 2.4.2, 2.4.3.1 of the Administrative Regulations, approved by Decree of the Moscow Government N 508-PP; clause 19 of the List, approved by Decree of the Government of the Russian Federation of September 27, 2011 N 797). To receive the service, as a general rule, you will need to submit, in particular, the following documents (part 2, 2.1 of article 26 of the Housing Code of the Russian Federation; clause 2.5.1.1.1 of the Administrative Regulations): 1) application (request) for reconstruction and (or) redevelopment ; 2) identification document of the applicant; 3) a document certifying the identity of the representative and a notarized power of attorney confirming his authority (in case of applying through a representative); 4) a project for redevelopment (reconstruction) of an apartment, prepared and executed in the prescribed manner; 5) consent in writing of all members of the tenant’s family occupying residential premises on the basis of a social tenancy agreement, or all owners of the premises; 6) a decision of the general meeting of owners of premises in an apartment building on the transfer for use of part of the common property, containing a description of the object transferred for use, drawn up in minutes, and a copy thereof (if, as a result of reconstruction and (or) redevelopment, part of the common property of the apartment building is transferred for use) . The original of the decision is presented if such a decision was not previously transferred in the prescribed manner to the Moscow Housing Inspectorate; 7) minutes of the general meeting of owners of premises in an apartment building on the consent of all owners of premises in an apartment building for redevelopment (reconstruction), if previously such a protocol was not transferred in the prescribed manner to the Moscow Housing Inspectorate (if redevelopment (reconstruction) is impossible without annexing part of the common property to the premises apartment building). In Moscow, the request is filled out by entering information into the appropriate form on the Portal. In case of approval of work on a standard project for redevelopment and (or) redevelopment of premises in an apartment building, instead of submitting a project for redevelopment (reconstruction), the applicant in the request indicates the number of such a standard project and the series of the house (clauses 2.5.1.1.1.1, 2.5.1.1 .1.7 Administrative Regulations; clause 74 of the List, approved by Decree of the Moscow Government of July 21, 2021 N 1105-PP).

Note. Typical projects for redevelopment (reconstruction) of premises are posted on the website of the Moscow Housing Inspectorate (clause 2.5.1.1.1.7 of the Administrative Regulations).

The body carrying out the approval, independently, as part of interdepartmental information interaction, requests an extract from the Unified State Register of Rights to the apartment, as well as a technical passport (if available in the Basic Register) and the conclusion of the body for the protection of architectural, historical and cultural monuments on the admissibility of redevelopment (reconstruction ) (part 2.1 of article 26 of the Housing Code of the Russian Federation; clause 2.5.1.2 of the Administrative Regulations). After accepting the documents from you, the authority carrying out the approval or the MFC will issue you a receipt for receipt of documents indicating their list and date of receipt (Part 3 of Article 26 of the RF Housing Code). In Moscow, when receiving and registering a request and documents, the correctness of filling out the electronic request form is checked and, no later than one working day, information about registration of the request is sent to the applicant’s personal account on the Portal (clause 3.2.3 of the Administrative Regulations).

Step 3. Obtain permission for redevelopment (reconstruction) Within 45 days from the date of receipt of all necessary documents, the approval body must make a decision on whether to approve the redevelopment (reconstruction) of the apartment or to refuse. If you submitted documents through the MFC, the period for acceptance of documents is calculated from the day they are transferred by the MFC to the body carrying out the approval (Part 4 of Article 26 of the Housing Code of the Russian Federation). In Moscow, the period is 20 working days, unless a corresponding conclusion from the Committee on Architecture and Urban Planning or the Department of Cultural Heritage is required. If such a conclusion is required, the period is 30 working days (clause 2.7.1.1 of the Administrative Regulations). The decision on approval must be sent to you within three working days from the date of its adoption (Part 5, Article 26 of the Housing Code of the Russian Federation). In Moscow, you can receive a decision on approval of redevelopment (reconstruction) only in electronic form (clause 2.11.1.1 of the Administrative Regulations; clause 74 of the List, approved by Decree of the Moscow Government of July 21, 2021 N 1105-PP). Refusal to approve redevelopment (reconstruction) can be appealed to the court within three months from the day you became aware of the refusal (part 3 of article 27 of the Housing Code of the Russian Federation; part 1 of article 218; part 1 of article 219 of the CAS RF) . The decision to approve the redevelopment (reconstruction) is the basis for redevelopment (reconstruction) of the apartment (Part 6 of Article 26 of the Housing Code of the Russian Federation).

Step 4. Carry out and register the redevelopment (reconstruction) in accordance with the procedure established by law Conduct the redevelopment (reconstruction) of the apartment in accordance with the redevelopment (reconstruction) project and the received decision to approve the redevelopment (reconstruction). The completion of the redevelopment (reconstruction) of the residential premises is confirmed by an act of the acceptance committee. The body carrying out the approval sends the acceptance commission act to Rosreestr for entering the relevant information into the Unified State Register of Real Estate (Article 28 of the Housing Code of the Russian Federation; clause 5, part 1, article 32 of the Law of July 13, 2015 N 218-FZ; clause 1 of the Regulations, approved. Decree of the Government of the Russian Federation dated June 1, 2009 N 457).

Step 5. Contact a cadastral engineer to prepare a technical plan for a rebuilt and (or) redesigned apartment. To prepare a technical plan, you need to enter into a contract agreement for cadastral work with an individual entrepreneur - a cadastral engineer who is a member of a self-regulatory organization of cadastral engineers, or an organization that has a cadastral engineer on staff engineer Information about cadastral engineers is contained in the state register of cadastral engineers, which is posted on the official website of Rosreestr (Article 3.2, 29, Part 1, Article 33, Part 1, 10, Article 36 of the Law of July 24, 2007 N 221-FZ ; clause 2 of the Decree of the Government of the Russian Federation dated July 18, 2016 N 688; clauses 1 - 3 of the Procedure, approved by Order of Rosreestr dated October 29, 2020 N P/0402). The technical plan is prepared in the form of an electronic document, certified by an enhanced qualified electronic signature of the cadastral engineer and is the basis for cadastral registration of changes in the technical characteristics of the apartment (clause 7.3, part 2, article 14, part 12, article 24 of the Law of July 13, 2015 N 218- Federal Law; Part 2, 8 Article 36 of Law No. 221-FZ).

Step 6. Enter information into the Unified State Register of Real Estate State cadastral registration in connection with changes in the main characteristics of the apartment is carried out at the request of the owner on the basis of a technical plan prepared by the cadastral engineer (part 1, clause 7.3, part 2, clause 6, part 5, article 14, clause 4, part 2, article 15 of Law No. 218-FZ). The contract for cadastral work may provide for the obligation of the cadastral engineer to place the technical plan prepared by him in an electronic storage facility maintained by the rights registration authority. In this case, submission of a technical plan along with the application will not be required (Parts 3, 4, 5 of Article 20 of Law No. 218-FZ). The completed state cadastral registration is certified by an extract from the Unified State Register of Real Estate (Part 1, Article 28 of Law No. 218-FZ).

The article material is taken from open sources

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Approval procedure

After the housing inspection receives all the necessary documents, it will register this request in the system and begin checking the information provided. If a standard project is used as a redevelopment, a survey of the premises will be required to determine the feasibility of carrying out the requested work. The date and time of such an inspection will be agreed upon in advance with the owner of the premises, and based on its results, a corresponding statement will be drawn up, which will be submitted to the housing inspectorate.

A decision on the application is made within 45 working days from the date of its submission. When a positive decision is made, in some cases the applicant is given a work production log, which reflects all the technology, the timing of the work, its quality and production conditions. If load-bearing walls are affected during work, a log will be issued without fail.

The adopted decision is valid for one year from the date of adoption, but in some cases it may be extended for a period of no more than 6 months.

After the redevelopment, the approval process does not end. Next, the owner needs to call an inspector who will sign the act of completed reconstruction, if there are no comments, and a technician from the BTI, after whose inspection it will be possible to obtain a new registration certificate.

If the area of the premises indicated in the technical passport does not coincide with the original one, then it is necessary to contact Rosreestr and make changes. After two weeks, you can receive an updated extract from the Unified State Register at the MFC. Only at this stage can the approval process be considered complete.

Where to get it?

The first question that arises for the owner whose apartment has been redeveloped is where to apply for the necessary document?

Residents of Moscow and the Moscow region can without a doubt visit the Housing Inspectorate of the district in which they live. If you live in other regions of our country, you can also contact the nearest branch .

The appeal cannot be oral. The owner must write an application in the form specified in Appendix number two in the Administrative Regulations, which was approved by Government Decree No. 508 of our country. Be sure to check the latest edition .

Other authorities do not have the right to issue you such a document, especially private organizations.

You can learn how to coordinate the redevelopment of a loggia, balcony, kitchen or bathroom from our articles.