Reorganization and re-planning of living quarters: concept, types. The order of reorganization and re-planning of living quarters. Statement on the reconstruction and redevelopment of living quarters

The development of projects for the design of modern apartments is becoming increasingly popular. Implementation of their own ideas for the arrangement of living space begins with the finishing activities, when the basic features of the future interior are laid. But external improvement is not enough, as a result of which many owners decide to radically change the apartment. For this purpose, the reconstruction and redevelopment of the living quarters is carried out with an orientation to the requests for the operation of the facility.

However, approaches to the implementation of such ideas may be different. Someone arbitrarily performs simple repair and installation operations even without the participation of specialists, and more responsible owners will agree on a project for the reconstruction of housing in the relevant bodies. Oddly enough, depending on the conditions and objectives of such activities, both approaches are valid. To understand the legal nuances of such actions, it is worthwhile to consider in more detail the legal side of the matter.

Concept and types of redevelopment and reorganization

The most popular type of activities aimed at changing the parameters of the room in apartments is considered to be redevelopment. These are working actions, as a result of which the configuration of the room changes. The results of carrying out repair operations must be recorded in the technical passport of the property. Further, it should be borne in mind that reorganization, redevelopment, transfer of living quarters are different activities. The reconstruction, unlike the redevelopment, affects only engineering and utilities equipment. In particular, it can be communication networks, sanitation units and units, data on which are also recorded in the technical passport of the apartment.

Most often, the transfer of residential premises is considered in a separate order, although in essence, these measures provide for the concept of reorganization and re-planning of the apartment's living quarters. For example, moving a bedroom to a kitchen or bathroom into a living room inevitably requires a re-arrangement of these premises. Not always in such cases the configuration of walls and partitions changes, but the updating of the communication support becomes mandatory.

How are planning activities regulated?

It is worth noting that different ways of legal reinforcement of the right to implement alteration in apartments are practiced. Depending on the region, they establish their own standards for passing the procedure permitting the execution of repair and installation activities of this kind. For example, the redevelopment and redevelopment of a residential building in Moscow is guided by a local government decree at number 508. This document specifies rules related to the organization of measures aimed at making changes to the device of not only residential but also typical commercial premises that are part of multi-apartment buildings.

But this does not mean that in other regions there may be significant discrepancies with the regulations in force in the capital. Differences, as a rule, have only formal features and do not have a serious impact on the passage of the established procedure. And in this connection it is worth turning to the documents of the RF Parliament. Reshaping and reconstruction of living quarters is regulated by articles 25-29 LC. In particular, they describe the procedure for carrying out the reconciliation procedure, the grounds for refusing permission to alter the apartment, the consequences of unauthorized execution of such actions, and so on.

What activities do not require coordination?

Those who want to review the arrangement of their homes are not always obliged to apply to special authorities for obtaining a proper permit. Some work on the redevelopment can be made and without unnecessary red tape. In particular, the reconstruction and redevelopment of a dwelling place is avoided without documents, if a cosmetic repair is planned that does not involve correction of walls, ceilings and other load-bearing structures. The facet is much thinner in operations with engineering equipment, but there is also a wide field for self-improvement in this area. So, permission is not required when installing an electric stove in the kitchen, installing a TV antenna, air conditioners and external grids. Moreover, in some cases even permutation of heating and gas equipment is allowed, but with strict limitations.

It is also envisaged to independently carry out certain activities with subsequent notification of the work done. This is a reconstruction and re-planning of a dwelling without a project and permission. These operations include the following:

• Sealing openings in partitions that do not perform the function of load-bearing structures.
• Installation of partitions, not involving an increase in the load on the elements of the ceilings.
• Rearrangement of plumbing in the bathroom, toilet or kitchen without changing the size of the room.
• Glazing of the balcony and loggia in accordance with the standard design solution.
• Dismantling or correction of the form of the tambour without making changes in the parameters of its dimensions.
• Creation of openings in partitions that are not carriers.

What works are subject to agreement?

Consideration of repair and installation operations that involve obtaining a permit is impossible without mentioning the project. This technical solution specifies the activities that the owner of the property plans to implement. Practically all types of reorganization and re-planning of a dwelling premise, involving corrections in the construction of load-bearing partitions, require the initial design of the project. In the future, the final document is agreed with the commission. Also, the development of the project is required in the case of the reconstruction of the floors, changes in the architectural appearance of the facade, as well as in the transfer of working bathrooms. As for engineering communications, approval is required for almost all operations related to gas supply.

At the same time, depending on the nature of the planned alterations, the project can be approved in different instances. Updating the same gas equipment in some cases involves obtaining permission from the fire authorities. Also representatives of supervisory authorities can give recommendations on the technical solution. So, if the project of reconstruction and (or) re-planning of a dwelling premise assumes an arrangement of a gas column in it, then the equipment will be more likely to be moved to the kitchen.

What planning works can not be resolved?

Now you can go to the most stringent rules, which are completely prohibitive in the context of the possibility of redevelopment. It does not matter whether there is a project or not - it will not be approved in any case.

• So, changes that lead to a deterioration in the quality of living conditions are not allowed. And this applies to the immediate owner of the apartment, and its neighbors.
• Also, it is not permitted to carry out measures that may lead to the destruction or reduction of strength properties of load-bearing structures.
• Increasing the load on such partitions is also not allowed.
• Unsuccessful will be the coordination of reorganization and (or) re-planning of the living quarters with the project on the introduction of regulating devices into the general engineering networks.
• The transfer of heating units included in the general infrastructure of the house and located on the balcony is also prohibited.
• There is also a differentiated approach to the formation of lists with permissible and forbidden measures for redevelopment in terms of the state of the building as a whole. So, if new types of work can be implemented in new homes even without a project, the emergency facilities can not be subjected to such changes at all.

The procedure for obtaining permission

To start the enterprise follows from carrying out of survey of premises by experts who in the further will develop the design decision. It will also be superfluous to connect the representatives of the organization operating the house to this group. Based on the data received, a project is being developed, which will have to be approved. Again, depending on the type of work ahead, it may be necessary to send the document to several supervisory bodies. Complex projects often require the receipt of an opinion from Sanitary and Epidemiological Supervision. If we are talking about an apartment in a monument building, then the regulations for the reorganization and (or) re-planning of the living quarters may require a special visa from the KGIOP. As a rule, for convenience and economy of time, apartment owners entrust such approvals to design organizations that were engaged in the development of a specific plan for redevelopment.

The main stage of the procedure for obtaining a permit for the implementation of the project is the passage of the commission, which, based on the information provided about the project, will decide on its future fate. Most often, the procedure for reorganization and re-planning of living quarters provides for the formation of a commission based on the city housing inspection. In small towns, such issues can be dealt with by the local administration. It should not be assumed that the decision depends entirely on the nature of the planned actions. Increase the chances of a positive conclusion of the commission will initially properly drawn up documentation.

Package of documents for approval

To coordinate the repair and installation activities for redevelopment should make a statement, collect documents for the property, a technical passport with a description of the premises, as well as prepare the said project. Part of the documents can be obtained at the local branch of the BTI. By the way, if the right to the premises has an appropriate registration in Rosreestr, then you can do without providing title documents to the apartment as a whole. In some cases, it is not necessary to have a technical passport - the commission can receive it electronically by sending a request to the housing inspectorate. Thus, the minimum package of documents should include a statement on the reconstruction and re-planning of the living quarters and the project. But there is one more nuance, connected with obtaining permission from neighbors. This applies to cases where reconstruction is planned in premises occupied on the basis of a contract of social hiring. The application is made by the responsible tenant of the apartment, after which the document is certified by all adults living in it.

There is another nuance, which, in fact, should be taken into account when performing any repair operation. The fact is that neighbors from the top and bottom after the completion of reconstruction can file a complaint about the negative consequences that have already manifested in their housing. If such events really took place - there's nothing to be done and it will be necessary to compensate for the damage. However, there are cases when previously existing defects are presented as a result of repairs carried out by neighbors. Secure yourself from such claims will help the expanded order of reorganization and re-planning of living quarters, which will include the initial inspection of the neighboring premises. It will not be superfluous if the participants of this event hold a photo fixation of ceilings, walls, communications and will draw up a corresponding act.

How should the application be written?

Owners who want to implement the redevelopment should, at the time of writing the application, be guided by the form approved by the government resolution under number 266 of 2005. The document is addressed, as a rule, to the local government or the city housing authority. In the column "FROM", the owner, the employer of the facility or another person authorized to perform repair and installation works in the premises should be indicated. You should also specify the full address of the apartment location. In the text of the application, the following should be noted for the representatives of the body, which will have to approve the right to carry out the redevelopment:

• The owner undertakes to perform the work in accordance with the attached project.
• Obliged to allow authorized persons to the facility where the redevelopment is carried out.
• Obliged to complete the work arrangements within the specified time.

Completion of redevelopment and reorganization

According to the rules, the decision on the possibility of reconstruction should be made 45 days after the application was sent. But here it is important to consider that sometimes there are delays. Owners often receive a denial of permission for the reason that an incomplete set of documents was provided. Or if the project was drafted by an organization that does not have the right to do such work. Therefore, it is advisable to contact companies participating in local SROs. Specialists of such firms often provide assistance in the further maintenance of the project. It is also clear that a refusal can be related to the technical inadmissibility of implementing the planned actions. But again, professional organizations that have undertaken the obligations to develop the project are unlikely to allow such mistakes themselves.

If the project was adopted by the commission and permission was obtained for its implementation, then it is possible to start direct work. However, the completion of the reconstruction and re-planning of the living quarters does not mean that the process of housing renovation is over in the legal sense. Further it is necessary to invite the acceptance commission to the object, the participants of which confirm that the owner has implemented exactly the plan that was agreed before.

What will happen in case of unauthorized redevelopment?

It is noteworthy that the Housing Code does not provide for a direct ban on consideration of an already implemented project. But this does not mean that the unauthorized reconstruction will be accepted and approved. In practice, proceedings with such situations often lead to the fact that the owners are obliged to return the premises to their original state. Moreover, unauthorized reorganization and redevelopment of living quarters is imposed a fine of up to 2,500 rubles.

An unregulated alteration can deliver a lot of problems of another property. So, the purchase of a room with the realized reconstruction without the appropriate documents is entirely permissible, even if the technical passport contains a note about the update. However, in the future it will still be necessary to resolve this issue, but without the participation of the previous owners. And if the reconstruction and redevelopment of the living quarters does not comply with the standards, then, most likely, you will also have to return the object to its original state. The main problem is that even a technically permissible reconstruction may not be accepted by the housing authority. If the project meets construction standards, then the best solution will be to go to court to legitimize the work done.

Conclusion

On the way to the cherished realization of the idea of housing with improved qualities, it is not necessary to change an apartment. It is quite possible to reconstruct the current real estate object lawfully. As practice shows, the execution of the registration procedure is cheaper in all senses. It is enough to write an application for reorganization and re-planning of a dwelling, to collect documents for an apartment and develop an appropriate project. By the way, the last point is the most laborious, but without it in any case can not do. Even if it is a matter of minor changes, experts recommend to initially prepare a technical solution in a professional organization. It will also help you go through the necessary steps to approve the project, not to mention its final implementation in practice.