Redevelopment in a private house: approval procedure, documents, deadlines

Is it possible to remodel a private house?

Yes, from the technical side, this is real.

A private house is different from an apartment. There are no neighbors above or below, the building stands on the ground, separate from other houses, the premises inside are free. Therefore, almost any redevelopment can be done and approved in a residential building. The main thing is that it does not reduce the load-bearing capacity of the walls and does not lead to the collapse of the building (especially in old buildings).

Difference from reconstruction

The concepts of redevelopment and reconstruction are different.

Reconstruction of a private house is a technical change in the external parts of the building (Part 14, Article 1 of the Civil Code of the Russian Federation). For example, installing an extension or adding a floor. Due to such work, the total area of the house changes - often upward. Changes are recorded in cadastral registration.
Redevelopment is construction work inside a residential building. It does not affect external walls and does not provide for the creation of an attic or an extension.

Remodeling may involve remodeling, but these are usually two separate activities.

Arbitrage practice

It is distinguished by diversity in terms of decisions taken by the courts. Some plaintiffs are allowed to keep the apartment changes, while others are denied.

A positive court decision will be made if the examination establishes that:

the supporting structures are not damaged and are able to withstand the new load;
the repair complies with SanPiN, SNiP, fire safety, environmental requirements and other regulations of local governments;
there is no threat to the life and health of people (owners, neighbors);
The living space is fully suitable for living.

Four factors are taken into account at once, and not each of them separately.

An example from judicial practice. In Novosibirsk, the owners did not coordinate the work with the local government, and therefore were forced to ask the court to leave the planning changes in their current state. The court ordered a construction and technical examination. She determined that the owners had made a new opening in the existing wall of the house between two living rooms (with reinforcement of the load-bearing wall). The wooden partition with the doorway between the corridor and the bathroom was also dismantled. The new partition turned out to be more powerful - it was built from brick. Risers, sewerage, ventilation and elevator shafts were not affected. The experts did not notice any defects, cracks or deflections of the structures. There was also no threat to human life or health. In addition, the plaintiff previously provided a technical report - which recorded compliance with all standards.

As a final decision, the court allowed the owner to keep the apartment in a redesigned state.

(Decision of the Zheleznodorozhny District Court of Novosibirsk dated July 30, 2021 in case No. 2-179/2020).

Do I need permission to redevelop a private house?

Yes, without fail. The permit is issued at the stage of coordination of the redevelopment of a private house with the executive authority.

What work requires a permit:

Moving the kitchen into the living room.
Removing partitions between rooms.
Creation of a new bathroom (with installation of utilities).
Construction of new walls.
Construction of an opening in the load-bearing wall of a private house.
Replacement of the floor, with hydro- or sound insulation.
Cutting new windows and doors.
Replacement of the rafter system in the attic, etc.

Why do you need to obtain permission for redevelopment? After all, the house is private, not multi-apartment. Many people think that any redevelopment can be done at the discretion of the owner. However, there are fire safety, building and hygiene standards. For example, if you tear down a load-bearing wall, the house will collapse. If you don't take care of fire safety in the kitchen, the house could catch fire. That is why you need to coordinate future redevelopment with specialists. And always take into account SNiPs, SanPiN standards, GOSTs, etc.

How to legalize redevelopment in an apartment if it has already been done independently

How to legalize redevelopment through court

In what cases is a project required?

The project is necessary if a significant “redrawing” of housing is required, associated with the transfer of communications or a change in the load on load-bearing walls. Such cases, for example, include:

installation of door and window openings in a load-bearing partition or wall;
installation of stairs;
installation of walls, partitions, stairs made of heavy material, which can negatively affect the entire structure of the building due to excessively high load;
relocation of sanitary facilities and kitchens;
installing an electric stove instead of a gas stove;
installation of a utility system or equipment that will cause an increase in energy or water consumption;
glazing of balconies and loggias.

The development of the project is carried out by specialized companies that have access to SRO.

Coordination of redevelopment of a residential building

The approval procedure includes several stages. Most of it coincides with the procedure for obtaining permission to redevelop an apartment in an apartment building.

Where to contact

So, to coordinate repair work in a private house, you need to contact:

To the City Executive Committee - usually there are departments for architecture, where you need to submit an application;
To the village administration - for redevelopment of houses in the village;
In the MFC “My Documents” there is an intermediary body, through which you can transfer the application and documents to the local administration, to the Unified State Register of Real Estate;
At the BTI, they issue a technical passport and record the current and new redevelopment of a private house.

It is more convenient to apply through the MFC. This can be done in any “My Documents” branch, regardless of the place of registration. In many cities, the administration accepts applications only through the MFC.

Algorithm of actions

How to coordinate the redevelopment of a private house before starting work:

Decide on a design project or sketch.
Order a technical passport or technical plan of a private house from BTI. To do this, you need to contact the Bureau and pay for the service. If the previous registration certificate is more than 5 years old, you will have to order a new one. Otherwise, the administration may refuse to issue a permit.
Contact a design organization and order a redevelopment project for a private house. It is important that the organization has access to SRO to carry out design work. You can find a suitable company in your region on the Nostroy website.
Get a finished project. It consists of several sheets that indicate the characteristics of the house, future work, safety requirements, diagrams, drawings and other information. In some cases, a technical opinion is needed. It can be ordered from the same organization where the project was created.
Contact the MFC or the administration to obtain permission for redevelopment.
Get permission.
Remodel a private house. There should be no deviations from the developed project, otherwise the repair will not be approved.
Contact the MFC with an application to issue a certificate of completed redevelopment.
Submit the work to the acceptance committee. They will make sure that the repair meets all points of the project, there are no discrepancies or violations of safety requirements. If everything is in order, they will sign an act of completed redevelopment.
Order new measurements from BTI or Rosreestr.
Submit the technical plan and other documents through the MFC for cadastral registration. It is handled by FKP Rosreestr. If everything is fine with the documents, changes will be made to the database, and the owner of the house will receive an extract from the Unified State Register of Real Estate.

The stages of the procedure and coordination with government agencies may differ depending on your region of residence.

Documents for house redevelopment

The list of documents is as follows:

passport - needed to apply to the MFC and BTI;
redevelopment project for a private house or sketch;
documents for a residential building - an extract from the Unified State Register or a certificate of ownership;
technical certificate of the building;
application of the established form - the form will be issued at the MFC.

They may also require permission from government agencies. For example, Gospezhnadzor, SES, Department of Architecture, BTI and others. If you have entrusted the approval to a representative, prepare a power of attorney in his name.

Registration deadlines

Permission to redevelop a private house is issued within 45 days. And a little longer if you applied through the MFC. Add another 3-4 days to this period for sending documents.

Issuance of other documents and the project is always individual. On average, it takes 3-4 months to approve redevelopment in a private house.

Price

There is no need to pay for the issuance of a permit from the administration - this is a free service.

Who should you coordinate with?

Documents are submitted to the architecture department of the Municipal Administration or to the Housing Inspectorate. To make a decision, a commission is convened to approve or reject the project. The application is reviewed within 30 days. If approved, the owner hires a construction team, which must complete the work in full accordance with the description. At the slightest deviations from the order of work, the technical supervision service has the right to stop them.

The owner of the apartment is given a log of repair and construction work and is given a deadline within which everything must be completed (usually a year is given for this). Redevelopment work should be carried out in strict accordance with the agreed design documentation, by a licensed organization and with the preparation of acts for hidden work.

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What are the consequences of illegal redevelopment of a private house?

Owners of private houses risk less than apartment owners. They will not flood the neighbors below and will not seize common property in the entrance. However, there are still penalties for unauthorized redevelopment in a private house:

The fine for illegal repairs is from 2,000 to 2,500 rubles. If you do not pay it within 60 days, the fine will double.
An order to return the layout to its original state.

There may still be difficulties in selling your home. Banks do not provide a mortgage loan for the purchase of a house with unauthorized redevelopment. Therefore, you will have to look for a buyer in cash. And this is never easy!

How to legalize redevelopment in a house if it has already been done

It is easier to legitimize redevelopment that has already been done in a private house than in an apartment. The main thing is that it does not violate current standards, namely SNiPs, SanPin, regulations of local governments, GOSTs, fire safety standards, etc.

Approximate procedure:

Order a project and technical report.
Pay a fine.
Contact the MFC with an application to legalize the redevelopment.
Get a decision from the administration (most often they give a refusal).
File a claim with the district court. The main request to the court is to preserve the private house in its redesigned state. And refer to the opinions of independent experts.
Attend preliminary hearings. It is possible that the court will order its own construction and technical examination.
Participate in substantive hearings.
Obtain an extract from the court order.
If the court decision is in your favor, contact the BTI and order measurements inside a private house. Based on the technical passport, a technical plan of the premises is prepared.
Application to Rosreestr for amendments to cadastral registration.

If the court's decision is negative, you can file an appeal. The deadline for filing it is 30 days from the date of adoption of the court decision in final form (Article 321 of the Code of Civil Procedure of the Russian Federation). The court of second instance will check the legality and validity of the decision made by the district court. Sometimes this helps tip the scales in your favor and legitimize the redevelopment.

Before going to court with a claim to preserve the redevelopment

Not any changes to the apartment require legalization. What is reconstruction and what is redevelopment? The answers to these questions are given by Art. 25 of the Housing Code of the Russian Federation. In short:

reconstruction is the installation, replacement, transfer of utility networks, sanitary, electrical or other equipment. Only when such changes are made to the technical passport of the apartment
redevelopment is a change in the configuration of housing. When it is necessary to make changes to the technical passport of an apartment (premises).

As a general rule, before redevelopment, you must obtain a special document. This is a decision on approval of redevelopment (issued by the local administration). And if it is missing, you will need to go to court: a statement of claim for redevelopment of the apartment or an administrative claim to challenge the decision of the government authority.

Lawyer's answers to private questions

I want to buy a private residential house. Tell me how to determine whether redevelopment has been carried out in the cottage?

Ask the seller to show you the registration certificate of the residential building. The BTI document must be recent, and not 10 years old. Check the technical data sheet with the layout that is currently inside a private house. Use a tape measure to measure the partitions, piers, and openings in the walls - they should match the dimensions on the diagrams in the technical passport. If some planning elements are missing or they do not correspond to the “paper” ones, the redevelopment is most likely illegal.

Is it possible to sell a private house if it has illegal redevelopment?

Yes, you don’t need a registration certificate to buy and sell real estate. However, if the buyer discovers unauthorized alterations to the house, he will want a discount. The price of housing with an unregistered configuration change is much lower. And in some cases, redevelopment cannot be legalized. Then the search for a buyer may be delayed.

Do I need to obtain the consent of all home owners if I want to remodel?

Yes, the consent of all copyright holders of the house is a prerequisite. Consent is expressed in the form of signatures. Co-owners of the house must come to the MFC and sign the application for a permit. If someone cannot visit the MFC, you can draw up a power of attorney for a representative (with the right to sign for the principal).

Is it possible to demolish walls in a frame-panel house?

Almost all walls in a frame-panel house are load-bearing. They cannot be completely dismantled. Small openings are allowed to create windows or doors. Then you need to further strengthen each such opening. Otherwise, there will be a risk of deformation or collapse of the house structure.

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.