How to legalize the redevelopment in the apartment

Typical apartments of the Soviet period quite often do not correspond to the ideas of modern owners about comfortable housing. A consequence of this are major repairs. In the event that none of the neighbors complains about the actions of the owner of the apartment, there are no special problems. But if the real estate is sold, given or carried out by any other legal action, there is a question of the availability of title documents corresponding to the letter of the law. Let's talk about how to get them without inviting lawyers.

The notion of a newly created thing

Any object of the material world can be modernized, altered or supplemented. Such actions from the point of view of the law are called the transformation of the old thing into a new one. All the title documents received for the old thing lose their validity when it comes to the newly created thing.

This provision is fully true for real estate. Any apartment or house, even in the case when the owner has no technical passport on hand, is listed in the register of real estate. In addition to the address, these apartments indicate the number and area of ​​rooms, the layout of communications, the number of doors and windows, as well as equipment installed in the house, such as:

• AGB,
• double-circuit boiler,
• electric boiler,
• water, gas and electricity meters,
• air conditioning, if it comes to houses located in the historic part of the city.

If the repair affects one of the above, then after its completion the owner receives a new thing or newly created property. On such an object it is necessary to obtain the relevant documents.

Another urgent problem is the connection of basements and attics to apartments located on the first and last floors. Often, the basements and attics are in an inadequate form, so utilities gladly allow owners of adjoining apartments to expand their living space. In practice, it is formalized in the form of various temporary use or lease contracts.

If you look at these actions from the point of view of the law, then again we will come to the newly created thing. At the same time, obtaining title documents will be times more difficult, since the apartment owner does not have any rights to dispose of, and even more so to rebuild the basement and attic rooms. Any lease agreement assumes only the right to use the allocated square meters, without the possibility of making any changes.

In order to clearly understand what actions are considered to be aimed at creating a new thing, we propose to qualify them:

• changing the area of ​​rooms, including the replacement of doorways and non-load-bearing walls,
• any actions aimed at changing the load-bearing walls of the house,
• change
• change, addition or liquidation, heating devices,
• disconnection from central heating system,
• connection to apartment or house of non-residential premises,
• extension to private house additional
• changing the height of the house,
• renewal of the non-residential premises into residential,
• re-registration of the residential premises into non-residential premises,
• installation of the front door where it did not exist before,
• air conditioning installation on the front of the house located in the historic part of the city,
• reconstructionor extension of the balcony,
• replacement of communications,
• replacement of accounting counters.

The above changes are divided into:

• local,
• global.

For local changes, it is enough to get permission in a particular instance, order the relevant documents and get a certificate.

Global changes that relate to the reconstruction of the entire facility or a separate part of it require the receipt of new title documents. There are two options:

• primary documentation,
• registration through the court.

Obtaining title documents based on the primary documentation

Legalizing the redevelopment is difficult. Therefore, if repairs have not yet been done, it is easier to obtain all the title documents as required by law. The procedure is conventionally divided into three stages:

• preparatory,
• construction works,
• obtaining a conclusion about the facility's readiness for operation.

At the preparatory stage, it is necessary to consider the scope of the planned changes. After the idea is framed:

• to find a licensed project organization and to order technical documentation,
• to find a contractor and conclude an agreement with him on the execution of construction work,
• to obtain permission to redevelop in BTI, Rospotrebnadzor, MES and City Architecture.

The last item is the most complicated, as it will be necessary to provide a number of documents, including:

• technical passport of the premises together with certificates ф1 and ф5,
• project documentation under wet seal of the licensed architectural and construction organization,
• conclusion of the architecture on the possibility of re-planning,
• conclusionfirefighters on the compliance of technical documentation with fire safety requirements,
• conclusion of Rospotrebnadzor,
• notarized title deedand apartment or house,
• consent of neighbors,
• contract with the contractor.

Although these securities are basic, in some cases additional reconciliations will be necessary. In practice, it is not difficult to collect all the permits. It will take from two months to six months, depending on the perseverance and investment.

Nevertheless, many decide to dispense with the appropriate pieces of paper and arbitrarily implement the redevelopment. Subsequently, such owners have a question, how to legalize the redevelopment of the apartment?

First and foremost, this is related to the alienation of property. When registering any property agreement, you will need a new technical passport. When it is manufactured, if the relevant changes have not been formalized in accordance with the procedure established by law, a stamp "willfully built" appears. In the presence of such a stamp any notary will refuse to register the contract with respect to the property of the owner.

Unfortunately, this is not the only problem. In most cases, neighbors are sympathetic to repair, but if they decide to complain, the owner will have problems. Among them:

• fine,
• request to return the object to its original form,
• confiscation of premises and subsequent sale.

Although in 99% of cases the law directly sees only the first form of punishment, most officials are trying to apply the last measure. The consequences of this are obvious and are qualified by the relevant article of the Criminal Code. Nevertheless, the bureaucratic system allows guilty to avoid deserved punishment, and the owner is obliged to fork out for an expensive gift.

If you turn to legal practice, then specialists in the field of housing law often face the question of how much it costs to legalize the redevelopment. In order to dispel all the myths, we immediately note that the lawyer himself will take at least $ 500 for such a job, in addition, payments of $ 1,000 to $ 10,000 will be needed. Most likely, this price will be announced immediately. But it is not final. In the process of work there will be a lot of additional spending. This is due to the fact that most of the certificates will be issued "retroactively," therefore, the lawyer is simply not in a position to specify in advance all possible points.

Based on the foregoing, the conclusion suggests obvious, to make the relevant documents as it should be. The price will decrease at least 10 times. But this option is not always possible.

How to legalize the redevelopment, documents and mechanisms

Many began to engage in redevelopment in the 90's. At that time, the law did not regulate this group of legal relationships, so no documents needed to be done. Nevertheless, now owners of such apartments and houses have faced a problem of transfer of the property rights to the real estate object. In this case, you need to legalize the redevelopment of the premises through the court.

Another point that is actively exploited by lawyers is changes that are expressly prohibited by law. On the one hand, it is impossible to obtain permission to carry out such works. On the other hand, they can be legitimized. These include:

• deterioration of the living conditions of the owners of the room or neighbors,
• connection of emergency or unfit for accommodation premises,
• interconnection of departmental premises,
• structural integrity violation,
• overload of communication systems, water, electricity or gas,
• violation or restructuring of the ventilation duct,
• overload of load-bearing walls.

All these prohibitions are played out as follows. When obtaining permission in the state organization, the owner after the engineering works will be refused. Then he will do the work with the involvement of a private firm and, on the basis of her conclusions, apply to the court for recognition of the property right.

Although it is convenient enough, it will cost such a pleasure dearly. And it's not about paying for a lawyer's services, but about getting the necessary expertise. Not every company will consciously violate the norms of the current legislation, since as a punishment, and even the softest one, a license cancellation is provided.

In addition to controversial points, there are some changes that can not be legalized at all. They refer to the cutting of niches or openings in bearing walls. Since such actions will significantly weaken the building, soon neighboring residents will have cracks in the walls, troughs of the ceiling or floor and other equally unpleasant consequences. The only way out for them will be to go to court with a claim for compensation of material losses. Although the owner of the premises in which the repair was carried out, i.e.the defendant is likely to win the process, the construction company that issued the report will lose 100% of the license. Therefore, no self-respecting firm will take such risks. Whatever the reasons for the legalization, the package of documents for the court will remain the same:

• redevelopment project of the house, certified by the licensed architectural and construction company,
• certificate of ownership of the object,
• technical passport of the apartment,
• certificate from Rospotrebnadzor and firefighters on compliance of re-planningestablished norms and standards,
• certificate from the housing and communal organization that the neighbors have no claims or notarized consent of the neighbors to conducte re-planning,
• reference from the architecture that the repair did not violate the load-bearing structures, ventilation system and communications.

All these papers need to be collected before applying to the court.

The next step is the preparation of a claim. This document has a legal way of registration. To save time, it's easier to contact any legal counselor or law student. To the lawyer there is no sense to go, as he will suggest to conduct business, and it already other money.

If you decide to write a claim in accordance with the relevant articles of the Civil Code of the Russian Federation, check the following details:

• court name,
• address of the court,
• your details,
• contact information,
• place of residence and registration,
• name and contact details of the defendant.

The claim itself must contain:

• the substance of the matter,
• arguments,
• evidence,
• list of attached documents.

By and large, the availability of all the certificates and competent arguments in the lawsuit is a victory. If you do all the work for the judge and decide on the basis of which articles he must decide on the recognition of the property right, he will most likely satisfy the claim. The exception is only the category of objects to which the defendant's personal interests are covered.

The court can refuse the court only if the evidence is not fully provided or indicate that the redevelopment violates statutory norms. In this case, you will have to go to the Court of Appeal and approach the process of drawing up the certificates more carefully. In most cases, the appeal will refer the matter to a second trial by the court of first instance. This type of appeal refers to the appeal of the material part of the process. There is also a procedural part, it gives even more opportunities to achieve the truth with a minimum of investments, but this is already the topic of a separate article.

In conclusion, I want to say a few words about the plaintiffs who, after the appointment of the judge, come to the assistant with the proposal: "Do I need to legalize the redevelopment, the price of the issue?".The fact that you can get a specific answer to such a question is believed only by those who have never been in court. Although the assistant can find out this moment, he will not do this, for the simple reason that he does not know the plaintiff. Therefore, if there are means, and time is not enough, it is easier to hire a lawyer who can solve all the problems. In other cases, collect the necessary documents and boldly go to recognize the ownership of the apartment or house.