The reconstruction permit was declared illegal, although it was issued by the city administration and approved by the regional court. The appellate court was wrong: they applied the rules of law incorrectly. In general, everyone was wrong.
The Supreme Court overturned the appeal ruling and ordered the regional court to consider the case anew. The case has already been reviewed, and the same court rejected the entrepreneur. Now he will have to demolish the extension, and replace the door to the hairdresser with a window again.
I wonder if the administration that issued the permit had anything to do with it? Who will now cover the costs of the extension and demolition?
A building permit is an important document. The administration is responsible for its compliance with the law. And if it turns out that the permit was issued illegally, you can compensate the damage from the budget through the court.
Most likely, the entrepreneur is not to blame. He did his due diligence and hoped that the administration knew for sure that everything was legal. If he wants, he will sue and recover the costs of construction and demolition of the extension.
So far, such a claim has not been registered in the courts. But another one was registered: the same entrepreneur later sued his neighbor and demanded that he demolish the same extension to the pharmacy on the same grounds. By the way, the district court upheld his claim, and now the owner of the pharmacy has filed an appeal to avoid demolition. But that's a completely different story.
I bought a premises in a residential building and am going to convert it to non-residential. What do I need to consider?
It is better to find a good lawyer who specializes in such matters before purchasing a premises. If the premises already exist, still look for a lawyer to properly formalize the consent of the owners and obtain permission for reconstruction.
Even if the administration issues permission, it means nothing. The neighbors may not like something and they will go to court. Assess the risks in advance. Just in case, obtain the consent of 100% of apartment owners for any reconstruction. If something goes wrong, you could be left without money and business.
In my building, some of the apartments have been transferred to non-residential premises and they want to open something there. I'm against. What can be done?
Perhaps the transfer and reconstruction are legal: it is not always necessary to obtain the consent of 100% of the owners. If they open an office in these apartments with an entrance through the entrance, ⅔ of the owners agreed and there is permission, this is legal. But if a door was made in place of the window and an entrance was added without your consent, you can sue and have everything canceled.
Consult with a lawyer how to arrange everything and whether there are any chances.
What property is common and on what basis?
The list of common property is in the Housing Code. These are roofs, stairs, corridors, basements, elevator shafts, land with all the trees, fences and communications.
To minimize the risk of problems with the law, it is better to initially coordinate the project with government agencies.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FOR FREE!
Many people initially do redevelopment work, and only then apply for registration.
And this entails not only penalties, but also additional legal costs.
Features of the design of the reconstruction
In order to avoid problems with the law, it is better not to risk your property, but to contact the BTI for approval.
These legal acts reflect the basic concepts and algorithm of the process. It also describes the responsibility of a citizen in case of failure to fulfill the obligations described in the Housing Code of the Russian Federation.
Procedure for obtaining permission
- applicant's passport;
- title documents;
- real estate registration certificate;
- design documentation;
- other documents required to be provided in a specific region.
Price
also depends on the region where the property is located, square footage and type. On average the cost is:
- for design documentation 15,000–150,000 rubles;
- for approval – 30,000;
- for each new document – 2000 rubles.
Consent for redevelopment
To complete the redevelopment, you will have to obtain the written consent of all necessary citizens.
All types of redevelopment are registered with the BTI authorities in the absence of refusal by other persons.
neighbors
If the owner does not violate the rights of neighbors, then there is no need to obtain consent. There is also no mandatory written form for providing consent.
The document is drawn up in free form, which should contain basic data:
- information about the owners of neighboring properties;
- consent in any form.
Co-owner
Co-owners also have reason to be dissatisfied during redevelopment.
They can express their approval, just like property owners, in a written form.
Residents
All residents have the right to express their opinion in free form, indicating their full name and affiliation with this property.
It is possible to register in the form of consent of neighbors.
Owners
In addition to the fact that they must be present during the registration and approval of the redevelopment, they must also provide a written agreement in the form of a standard application.
This is regulated by the general provisions of civil law.
From temporarily absent residents
If residents are absent, their representative or relative can submit consent for them.
If they have been absent for a sufficiently long period of time (six months), then a person can collect signatures and thereby not obtain consent for the redevelopment from the represented persons.
In communal housing
In a communal apartment, it is necessary to obtain the consent of the owner, neighbors and other citizens whose interests will be infringed. Moreover, the owner must have all financial debts covered, otherwise consent to the redevelopment may not be given.
If citizens are registered who have not lived in the apartment for more than six months, then you don’t have to ask for permission, simply collecting signatures from your neighbors.
Bank for the reconstruction of mortgage housing
Consent to redevelopment from the bank is a complex process, accompanied by quite a few nuances.
A mortgage loan is not a basis for infringing on the rights of a citizen regarding redevelopment.
However, if a prohibition of action is stated in the loan agreement, then the citizen violates the terms of the agreement. And the bank has the right to collect a penalty or ask to pay loan obligations ahead of schedule.
The bank's consent can be obtained during the redevelopment process or after it. The bank will not be able to refuse redevelopment if the borrower does not take actions that would cause the apartment to lose its value.
Sample
There is a specific consent format. It is better to familiarize yourself with it in advance in order to avoid further nuances during registration.
It contains the basic information of the applicant, including passport information, information about real estate and who this person is. And only then consent to the ongoing redevelopment is registered.
Apartment owners often make a number of mistakes during renovations, which can cause what they consider to be an insignificant redevelopment to be declared illegal. The consent of neighbors for redevelopment is often required, however, today there is no universally applicable specific list of works requiring consent.
For example, if the redevelopment does not affect common property, then the consent of neighbors is not required, but in some cities of the country, in order to legitimize certain types of work, confirmation of neighbors is required (moving the kitchen to another part of the apartment, installing a sewer pump, etc.).
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FOR FREE!
It should also be remembered that if a communal apartment is subject to redevelopment, then the consent of all its owners or persons living under the terms of a social tenancy agreement is required. It does not matter whether common house systems will be affected or not.
Why do you need approval?
When planning the renovation of an apartment, it is necessary to take into account the interests of neighbors - they should not be infringed. This rule applies equally to both the owners of residential premises and citizens living in a communal apartment. Any redevelopment carried out without permission requires mandatory legalization if the interests of other residents are affected.
If the owner of an apartment carries out work that affects common areas and common building structures (foyers, staircases, facades, balconies of the first floors, etc.), then he needs a notarized decision of the residents’ meeting authorizing the repair work, or a written statement from each resident. Article 26 of the Housing Code of the Russian Federation regulates the performance of work on redevelopment of apartments.
Reconstruction of a communal apartment requires written permission from all tenants or owners of the living space. This does not even take into account the fact that part of the apartment is allocated as a separate share - consent is required in any case.
When reconstructing a house that affects common property, the written consent of all residents, both permanently residing in the house and those temporarily absent, is also required
How to get neighbors' consent for redevelopment
There are two ways to obtain neighbors' consent for redevelopment:
You should know that to make a decision, at least two thirds of the total number of residents of the house are required, and at least 50% votes cast “for” the redevelopment, plus one vote.
After drawing up the minutes of the meeting and making a decision, the head of the house, together with the applicant (initiator of the redevelopment), are sent to the notary authority to certify the document drawn up. The notary signs 2 copies of the decision: one remains with the applicant, and the second is sent to the management company.
Sample filling
For convenience and to speed up the paperwork process, you can print out the text of the application in advance in the required quantity. Both personally written and printed statements are considered legal - the main thing is that the signature of the residents is affixed in their own hand.
The application must include the following information:
- passport details and full name of the applicant (full name is indicated to the right in the genitive case, starting with the word “from”);
- place of registration of the redevelopment initiator;
- name of the document (Consent for redevelopment);
- address of the apartment where repair work will be carried out;
- date and place of document preparation;
- tenant's signature.
A sample of the application text itself is as follows:
“I, (full name of the neighbor), give my consent (I don’t mind, I allow) to redevelop the apartment at the address: (address of the apartment), according to the project provided by the owner of the premises.”
Obtaining consent for redevelopment in a communal apartment is required from all persons living in it, even if the repair work does not affect their interests. This is due to the fact that in communal apartments all neighbors are home owners, even if the shares have been demarcated.
The application can be completed in the same way as above; notary confirmation is not required.
If the apartment is not owned, but belongs on the basis of a social tenancy agreement, then in order to carry out redevelopment it is necessary to first notify the architectural department of the city administration, which is the owner of the living space. Further coordination of work with neighbors falls on the shoulders of the municipality.
Example for the court
If repair work in the apartment has already been completed, then further...
To do this, it is necessary to prepare a package of documents confirming the possibility of saving the redevelopment. Some of the government organizations that are allowed to issue expert opinions are Rospotrebnadzor and Gospozhnadzor.
The plaintiff is the initiator of the redevelopment, the defendant is the local government body dealing with housing issues. They will help you choose the right form when drawing up a statement of claim in court.
Nuances of receiving
It should be remembered that, based on Articles 25–26 of the Housing Code, a number of redevelopment works are prohibited:
- glazing of balconies through which fire escapes pass;
- dismantling the fire escape from the balcony;
- installation of a heating radiator on the balcony;
- installation of heated floors with connection to common house communications;
- installation of a fireplace in panel houses;
- dismantling load-bearing walls or installing openings in them.
A complete list of prohibited works can be obtained from Government Decree No. 883-PP of November 15, 2005.
If the planned work does not fall under the list of prohibited works, then their further approval is possible according to two types:
Before formalizing the redevelopment, you should ask whether the previous owners carried out unauthorized redevelopments: if so, then you must first complete the procedure for their legalization.
Details, depending on scale
Redevelopment that does not affect the interests of residents of other apartments in the building usually does not cause conflicts or controversial situations, the resolution of which may require litigation.
But if general house systems are affected during renovation work, there are usually always a couple of dissatisfied people, and you can protect yourself from them only by having documented consent in hand.
Apartment
Consent for redevelopment is issued by the housing inspection, and the time frame for obtaining documents varies within 25–30 days.
But to collect all the documentation necessary to make a decision, the homeowner will need to visit the following organizations:
You should know that the construction company, which will subsequently carry out work according to the project, must also have the appropriate approvals and permits
House
In order to avoid conflicts between neighbors, their right to rest should be respected - according to the law, all repair work must be carried out only on weekdays from 9 a.m. to 7 p.m. Otherwise, their claims may be well founded. Particularly zealous lovers of silence often do not hesitate to go to court, and it is their claim that is guaranteed to be satisfied.
Also, when performing repair work, you should not go beyond the scope of the project. A striking example: the external unit of an air conditioner, installed without approval, annoyed a neighbor with its noise.
Having contacted the relevant authorities, the neighbor got the owner of the air conditioner to install a double-glazed window that would protect him from unnecessary noise. However, if the owner had received his permission in advance to install an external unit, then the neighbor's claims would be unfounded.
Non-residential premises
An apartment removed from the housing stock, in order to obtain maximum efficiency from its area, often needs redevelopment. qualified for its intended purpose, and often redevelopment requires so many different approvals that such work may simply be impossible for an untrained person.
Correct sequence of actions
To obtain approval, you must complete the following steps:
- Ordering a technical passport for an apartment.
- Preparation of a project or sketch (depending on the complexity of the work).
- Coordination of redevelopment with residents (it is necessary to go around the entire house, and not just one entrance).
- Obtaining permission to carry out construction work.
- Construction works.
Consent is required if the repair work will affect the rights of third parties.
For example, an apartment owner will not be able to obtain permission from the authorities for redevelopment without notifying other apartment owners about the planned work.
A permit will also not be issued if the proposed work affects the capital structures of an apartment building, and there is no consent for this work from the residents.
To obtain permission to redevelop an apartment with a mortgage, you will need to obtain bank approval.
The owner is obliged to inform the credit institution of the intention to carry out repair work, since the temporary status of housing does not allow one to fully dispose of this property at their own discretion.
Thus, consent must be obtained in order not to violate the rights of persons whose interests will be affected in this case.
Types of consent for house reconstruction
There are three types of consent: from the owners of the living space, from the neighbors and from the bank. The need to obtain one or another consent depends on the status of the apartment, the type of ownership and the type of repair work.
From other owners
According to Article 26 of the Housing Code of the Russian Federation, in order to obtain a document permitting redevelopment, local government authorities are required to submit applications from all owners of the property.
The document is drawn up in free written form. The application must indicate the following information:
- name and address of the local government authority.
- Full name of the owner giving consent and his address.
- Details of the document, based on which the author of the document is the owner of the apartment.
- Consent, indicating the full name of the owner who is the initiator of the repair work.
- An indication that the author of the application is familiar with the project. In this paragraph it is necessary to list all the work that will be carried out as part of the reconstruction.
- Date and signature with transcript.
From neighbors
In accordance with clause 4, article 30 of the Housing Code of the Russian Federation, the owner of living space in an apartment building is obliged to respect the rights and interests of neighbors.
Based on this law When carrying out redevelopment, coordination with the residents of the house is required.
If this is a normal repair that does not affect structures that affect the characteristics of the house, then the consent of the neighbors is not required. Permission is required if the redevelopment affects the safety of residents.
Let's consider specific cases when you need to coordinate the renovation of an apartment with your neighbors:
- when expanding living space, when the owner borrows part of the common area. In this case, permission will be required from all people whose apartments are located on the staircase.
- When combining living space with an attic. The attic space is also a common area of the house, so permission from all persons living in the house will be required.
- When rebuilding utility networks. For example, if the owner wants to swap the bathroom and toilet, this will require the approval of the owners living on the floor below.
- When changing the facade of the house and installing a separate entrance to the house. In this case, the supporting structures of the building will be affected, which means that redevelopment may threaten the safety of the home owners.
It is best to obtain permission at a general meeting of residents. It is advisable to draw up this method of obtaining a document if the consent of all residents of the house is required. The document must be certified by a notary.
If the redevelopment involves affecting the interests of only a few residents, then it is better to obtain written approval of the repair work from each of them.
IMPORTANT: For the document to be valid and accepted by the administration, it is necessary that at least 2/3 of the residents attend the vote, and the approval of at least 50% of the total number of voters plus 1 vote is required.
Required application items:
From the bank
If the apartment is mortgaged, then permission from the creditor bank is required to obtain permission. It is important to remember that until the loan debt is repaid, an encumbrance is placed on the apartment, which does not allow the borrower to fully dispose of it.
Reference: To coordinate repair work with the bank, you will need to obtain the consent of the insurance company and an appraiser's conclusion confirming that the value of the housing will not change after the reconstruction.
Owners who did not notify the bank about the redevelopment are automatically violating the terms of the contract. Having learned about illegal redevelopment, the bank may demand its approval from the authorities or return the living space to its original condition.
The worst outcome is that the lender may demand repayment of the entire mortgage amount in one lump sum based on a breach of contract.
The document received from the bank must include the following data:
Attention: Within 6 months after receiving consent from the bank, the owner must provide the lender with documents confirming the work: a cadastral passport and a new certificate of ownership.
An example of a bank's consent to redevelop a mortgaged apartment:
Where to submit the document?
The consent of residents, neighbors or a bank is needed to obtain permission for redevelopment from local governments. It must be submitted along with other documents to the city administration department dealing with these issues.
If the authorities approve all the documents, the project and the application, then work can begin.
Terms and cost of receipt
Obtaining consent from other apartment owners and neighbors requires notarization, the cost of which is about 1000 rubles.
There is no need to certify the document from the credit institution, since it already bears the bank’s seal.
Coordination with neighbors can take quite a long time, especially if you need to collect signatures from all people living in the house.
To get the approval of the residents as quickly as possible, it is better to gather them at the appointed time and day in front of the house to resolve the issue.
The process of obtaining permission from the bank can last up to 30 days. During this time, work will be carried out with the insurance company and the appraiser.
You should not lose sight of such a seemingly insignificant detail as agreement with neighbors or other persons whose rights are affected by the redevelopment. Carrying out major repairs can be challenged if it turns out that they were carried out without the consent of the interested parties.
Most people do redevelopment of apartments that belong to them on the basis of ownership. Accordingly, they are not obliged to ask their neighbors for their opinions. The main thing is that the redevelopment carried out complies with all legal standards and does not violate the rights of neighbors to safe living and does not worsen their living conditions.
This is determined by Article 26 of the Housing Code of the Russian Federation, which states that redevelopment and reconstruction of residential premises are carried out in agreement with local governments. There is also a list of documents required for approvals. The consent of the neighbors does not appear in it.
Therefore, according to housing legislation, the consent of the Housing Inspectorate is decisive for the redevelopment of an apartment in the property.
It is also necessary to note one more point: when carrying out redevelopment in a privatized apartment, the consent of all owners who own (not registered) this living space is required, and not just the person who is carrying out the redevelopment.
In turn, to redevelop a municipal apartment, the consent of all adult family members of the tenant is required.
In what cases is it necessary to obtain written consent from neighbors for redevelopment?
If you are remodeling a communal apartment, then:
in a communal apartment, the shares can be allocated as 1/2, 1/3, etc., or they can be separate rooms in the apartment. However, regardless of the method of allocating the area occupied by the owner, redevelopment may affect the rights of neighbors. Therefore, in this case it is necessary to obtain written consent from neighbors for redevelopment.
When redeveloping a communal apartment, the neighbors' consent to the redevelopment can be given either in notarial form or in simple written form during a personal visit to the housing inspectorate, citizens giving consent. They can visit it either together or separately. You must have identification documents and originals of title documents for the premises with you.
When affecting the common property of homeowners in an apartment building
Common property includes staircases, attics, basements, plumbing closets, etc. If, for example, you decide to move the front door and add a couple of meters of landing or narrow the plumbing closet by 30 cm, you will have to get the consent of not only your neighbors. To transfer part of the common property to you for use, you will have to collect the signatures of 73% of the residents of the house.
Statement
To the housing inspection of Moscow
from Ivanov Ivan Ivanovich
residing at:
Moscow, st. ________, house _, apt. _.
I am a citizen Ivanov Ivan Ivanovich, I am the owner (room, share, etc.) of an apartment that belongs to me on the basis of (certificate of ownership, transfer agreement, etc.).
I give my consent to the redevelopment carried out in this apartment by citizen Pyotr Petrovich Petrov in terms of..... (listing of the reconstructions being carried out).
