To make the apartment as comfortable as possible foraccommodation, the owners often have to do major repairs in it. Sometimes you want to combine adjacent rooms, and in some cases - divide. Unfortunately, most of the redevelopment of modern apartments is illegal. What is illegal redevelopment? What threatens it to the owners of the premises?
Redevelopment is ...
The Russian Housing Code states thatredevelopment is the transformation of the interior space, which requires the recording of changes in the technical passport. In order for the owner of the apartment in the future, there are no problems with the coordination of redevelopment, it is necessary to think out in advance the work plan. Some types of repairs should be coordinated with the Housing Inspectorate. What are the basic rules to follow?
What works do not require special permission
The following types of work do not require coordination with the BTI:
- renovation of walls, floor, ceiling;
- installation, analysis, replacement of elements of built-in furniture systems that are not separate premises;
- replacement of old plumbing;
- installation of equipment from the street (installation of air conditioners, mosquito nets, antennas);
- relocation and replacement of batteries, stoves;
- replacement of the previous equipment for similar in size and properties,
- repair loggias, balconies;
- installation of light windows and doors, retractable and rotating, if the area of the room does not change;
- installation of partitions that do not imply an increase in the load on the floors,
- removal of the tambour;
- the elimination of partitions (non-bearing);
- elimination or formation of openings for doors in curtain walls.
What works are prohibited
Illegal redevelopment of the apartment hasdirect impact on the structural strength of the structure, which can lead to its damage or destruction. It can also complicate the access of residents to their apartments or to common property.
Redevelopment illegal can be recognized during the following types of work:
- alteration of the premises, which worsens the living conditions of the owners and the use of engineering communications of the house;
- complete dismantling of the supporting walls, weakening the strength of the house;
- installation of radiators on balconies and loggias;
- installation of loggias and balconies above the second floors;
- installation of floor heating systems from the general heating system;
- the union of auxiliary and residential premises;
- an increase in the area of the auxiliary room by merging with the residential;
- sealing ventilation or reducing the size of the channel;
- installation of partitions, after which a new room without windows and radiators is formed;
- increasing the load on the supporting structures of the house;
- embedding into the wall of the gas pipe;
- accession of the common corridor to the apartment;
- installation of disconnecting communications devices that affect the consumption of resources in other premises;
- re-equipment of technical premises;
- work in buildings of emergency and of cultural value.
How changes are detected
Redevelopment illegal can be detected in the following situations:
- complaints from owners of neighboring premises about violations that interfere with comfortable living (poor sound insulation, ventilation, etc.);
- accidents and failures in the work of engineering communications at home;
- apartment bypass by utilities for communications checks, counters;
- carrying out by the employee of BTI of change of the area of the apartment for drawing up technical passport;
- at the conclusion of a real estate transaction.
A responsibility
Illegal redevelopment involves punishment for the owners. There are several types of interventions for violators, such as:
- fine;
- the return of the previous type of premises at the request of BTI in a timely manner;
- repeated fines and drafting a lawsuit against the owner of the apartment when he refuses to return to the previous view
- sale of real estate at public auction for neglect of the requirements of the housing inspection and the court.
Illegal apartment redevelopment: fines
Inconsistent repair work onthe redevelopment of any residential premises threaten apartment owners with an administrative fine. According to the Administrative Code, illegal redevelopment leads to the deterioration of houses, communications, affect their operation. The size of the fine for individuals depends on the territorial location of the house and is usually 2500 rubles. For legal entities, the penalty for illegal redevelopment will be more. However, the Code does not establish the size of fines, depending on the particular case.
If the owner legalized redevelopment byfiling a lawsuit, the administrative penalty still needs to be paid. Also, the requirements of the local administration to the owner of the apartment does not prohibit him to file a response claim in order to legitimize the work done.
Malignant disorders
Redevelopment (illegal) threatens the ownershousing is not only paying a fine. If the requirements of the housing inspectorate to return the old type of housing are ignored or the work has not been completed in a timely manner, such violations are considered malicious. At the same time, the housing inspectorate is entitled to file a lawsuit against the apartment owner.
There are two possible scenarios:
- The apartment is sold at public auction.Part of the proceeds are returned to the owner, but the costs of legal fees and other necessary expenses are deducted from them. New apartment owners receive from the state requirements for the mandatory return of the appearance of housing.
- If the apartment was not privatized and wasobtained under the sotsnayma contract from the local administration, owners are evicted. In this material compensation is not provided. However, the new owners will need to carry out work on the return of the appearance of the apartment, as in the previous case.
Difficulties in making deals
Illegal redevelopment threatens the owners notonly problems with the housing inspection, but also in the conclusion of real estate transactions. Make a deal at will and without extra time and money will not work. An apartment may be sold, but the cost of such housing will be significantly reduced. If the redevelopment is illegal, then no bank will on any terms issue a housing loan to buyers for this apartment. That is, selling a mortgage is not possible here.
But if the technical characteristics of the apartment werechanged slightly, then the sale transaction can be carried out. Potential buyers should be informed about all violations without fail, for which they need to sign informative documents. In this case, the new owner assumes responsibility for the return of the appearance of the apartment, which inevitably leads to additional expenses. The amount of discount for apartments with illegal redevelopment depends on the nature of the changes, but usually it is 15-20%.
Often in the real estate market is sold housing,where was the illegal redevelopment. What threatens it to the owners? First of all, in identifying this fact, the owners are obliged to pay an administrative fine and return the apartment to its former appearance. If this has not been done, the apartment may be sold at a public auction, regardless of the opinion of its owner.
