Obtaining a home repair work: drawing up a redevelopment project, necessary documents, coordination in housing
In an effort to make your accommodation cozy and comfortable, we constantly change something, reorganize: we buy new furniture or move the old, we cross the wallpaper or even change the position of the walls. How to be if you want to make great repairs in a removable apartment, and how to legitimize redevelopment in your own?
In which cases you need to get permission for home repair work? Cosmetic repair, device and disassembly of embedded cabinets, antlesole (if they are not subject to technical accounting and do not form independent premises), the replacement (without permutation) of engineering equipment does not require legal design.
We re-reflect or improve?
Photo by S. Morgunov,
E. Morgunova In Russian legislation, there are several terms that use to describe the apartment repairs: redevelopment, reorganization and improvement. Redevelopment is a change in the configuration of the room, requiring changes to the technical passport. It is always necessary to obtain permission to redevelop, since the change in the configuration of the room is associated with the preservation of the house, and sometimes with a risk for health.
Reconstruction - installation, replacement or transfer of engineering networks, sanitary, electrical, electrical or other equipment that require changes to the technical passport of residential premises. For example, the manufacture of the built-in cabinet is not redevelopment or reorganization, but for the transfer of plumbing or the creation of new doorways, even in non-vacant interior partitions, it is necessary to coordinate (when the device, the supporting walls requires a thorough design of the project with subsequent coordination).
Specialized authorities are engaged in coordination of redevelopment and reorganization. In Moscow and St. Petersburg, these functions are carried out by the State Housing Inspection, and in other cities, such powers are entitled to the local government, the Interdepartmental Commission for the City Hall.
Architect E. Khannanov
Photo by S. Morgunov,
E. Morgunova to get permission to redecessing or reorganization can only the owner of the room. If you are shooting an apartment and want to make repairs there, first of all agree this issue with its owner. The Civil Code of the Russian Federation provides for the term "introducing improvements" for the case when the repair makes a misconceitant in the rented room. However, it is necessary to remember that separable improvements in the furniture, the household technical technique can simply transport to a new place. The dispute between the landlord and the tenant who made the repairs occurs most often when the tenant introduces inseparable improvements (glue wallpaper, sets new windows), since the tenant has the right to demand from the landlord of reimbursement of the cost of improvements after the lease agreement. That is why in the lease agreement should be provided for the item on the method of payment of repair in the event that the tenant will do it.
Redevelopment of leased housing is impossible, but you can make improvements. However, it should be remembered that in this case it is necessary to coordinate its actions with the owner of the property and make changes to the lease agreement or prepare an additional agreement that would resolve issues related to rented real estate improvements
You do not need to coordinate the redevelopment of the country house. Permission will be needed only for the buildings that are registered in BTI. Obtaining permission to redecessing the country house is identical to the overall procedure.
Go to consent
Do you think the most difficult when re-pleased: Erend the wall of a complex configuration, to build an arch of an unusual form or build a podium? Not! Most of all the difficulties, as it turned out, is waiting for you when coordinating the redevelopment project (reorganization). Prepare for the way that the path will be long: you need to be patient.
The consideration time of the redevelopment project in the hillpox is 45 days, but the entire coordination procedure will take at least 3 months. Weeking redevelopment in a shorter period will require extensive costs, but in this case there is no guarantee that there will never be any problems. The conclusion is as follows: to promise to achieve a resolution of redevelopment (even for big money) for 1 week can only fraudsters can
Response Stages
First of all, you need to think over the concept of your housing. Legislation provides restrictions on redevelopment capabilities related to constructive features of houses. In the region there is a private list of prohibitions and restrictions, and it must be carefully examined. At the same time, you should know that there are such types of redevelopments that are not officially prohibited, but not allowed. For example, the union of the room and the loggia is not formally prohibited, but the permission is difficult to obtain, since the technical documentation is not developed for such a layout.
Unambiguously, it can be said that the hillpox will not give permission to the following types of work:
worsening the conditions of operation of the house and residence of citizens, including work, as a result of which access to engineering communications and disconnecting devices is difficult;
Those, as a result of which the renewed room (or related to it) can be classified as unsuitable for living;
affecting premises in residential buildings, registered by the headquarters for civil defense and emergency situations (although the production of such works can be obtained by the authority of the headquarters);
breaking strength, stability of the supporting structures of the building or capable of damageing;
installation of disconnect or regulatory devices on general (general welders) engineering networks, if the use of them affects the consumption of resources in adjacent rooms;
eliminate natural ventilation channels, reduce their cross section;
Increasing loads on the supporting structures over the permissible on the project (calculation on the bearing ability, by deformations) in the device of the screeds in the floors, replacing partitions from lightweight materials on partitions from heavy materials, placing additional equipment.
openings, cutting down niches, punching holes in pylons walls, diaphragm walls and columns (racks, pillars), as well as in places of connectivity between prefabricated elements;
Stranges in horizontal seams and under the inner wall panels, in wall panels and plates of overlapping under the placement of electrical wiring, pipeline wiring;
Additional openings in the wall panels adjacent to the height of the premises without coordination with the project organization - the author of the residential building project or its successor, if they are missing, without additional expertise.
To prepare a redevelopment project, it is better to refer to specialists (who must have a license to carry out project work, otherwise you will have to spend additional funds for some of the project documentation by an organization that has such permission).
The redevelopment project should be developed on the basis of a technical conclusion on the state of the house designs, which is specifically for your apartment. The designer will arrive and hold an engineering examination of carrier and enclosing house structures: describe the building, makes the necessary measurements, explore the soil, examine the walls of the building, interhesive floors, rafters, roof, stairs, columns, carrying and enclosing nodes. Then make up a technical conclusion. Only after that you can decide whether the redevelopment is carried out, and to make an approximate costing of work.
Obtaining a resolution of redevelopment
1. Drawing up a redevelopment project
2. Receiving the necessary documents
3. Coordination of the redevelopment project
4. Obtaining the resolution of the hill scope.
Legal redevelopment
1. Conclusion of a contract with a construction organization
2. Performance
3. Acceptance of work
4. Registration of new documents.
If the designer gives a positive conclusion about the possibility of re-planning, start collecting documents. You will need:
general passport;
Application for reorganization (redevelopment), which includes a complete list of alleged work (awards in advance by the consent of the representative of Tsilyl servant);
The current Floor Plan of the Technical Inventory Bureau;
Explition to the BTI floor plan (form number 22);
Certificate of ownership of the apartment (if there is no, the replacement will serve the purchase and sale agreement);
extract from the house book;
copy of the financial and personal account;
Technical conclusion (it can be issued only by a specialized organization, which has a relevant license, so its presence must be checked in the agency;
The redevelopment project of the apartment (it should also fulfill a licensed organization);
The consent of the adult owners of the apartment (all, including temporarily absent residents of the apartment, which are its co-owners);
Conclusion The organ for the protection of architectural monuments, history and culture (if your home is an architectural monument).
A shoot plan made in BTI, you need to remove several copies. The new location of the walls, gas stove, plumbing is applied to a copy of the plan on top of the old image, so a pen with a paste of contrasting color is required.
The package of documents and the redevelopment project must be transferred to the bodies inspecting construction work and inspecting the state of buildings and structures. Including that you have passed the documents, you will be issued to a receipt in which their full list should be indicated and the adoption date is listed. This is important because there must be no more than 45 days to consider documents, which is fixed by the Housing Code of the Russian Federation. Do not pose a preliminary coordination of redevelopment with the consultant architect, which usually cooperates with the approval authority. Then you will know exactly what plans cannot be implemented, and you can make corrections to the project.
Invitation of the first stage, you must obtain the permission of an interdepartmental commission or a refreshing complex. We draw attention to Muscovites to the fact that such permission must be signed by the prefect of the Administrative District (in other cities-authorized representative of the city administration). An approval authority, no later than 3 working days from the moment of making a decision on coordination, should inform you about the decision.
Repair Work
Any construction work should be made in full compliance with the project and permits. Information about all the works must be entered into a magazine. On it will be checked by the procurement of repair and construction works. Note that the hill scope can check the stroke of redevelopment at any time (most often this happens if the inspection comes complaints from neighbors). In this case, the availability, quality and state of technical documentation for the production of works and licenses of the contractor are checked. It can also be monitored by the compliance with the technological process of reorganization or redevelopment of the apartment and the presence of the builders of the necessary measuring equipment and tools.
According to the results of the expiration check, entries should be made in the journal of construction work. If representatives of the heading arose comments, wait for the re-check. Checking noted by the procedure for acceptance of work, including structures and engineering equipment. In addition, it is necessary to make a schedule for carrying out mandatory control measures.
Those work, the results of which will not be visible due to other works (the so-called hidden work, they include, for example, the device of suspended ceilings, all work related to the installation of the IT power grid) must be taken before the process is completed Redevelopment or reorganization.
Redevelopment (reorganization) ends with drawing up an act of completed redevelopment (reorganization) of the room in a residential building. The notary of the Acceptance Commission includes the applicant (or his trustee, whose powers are confirmed by a notarized certificate), representatives of the contractor, the headquarters (the representative of the latter is the chairman of the Acceptance Commission), the territorial authority of the executive authority, the organization, the management of the residential house, the project developer (sometimes also a representative of the author supervision).
Theoretically redevelopment can not be coordinated. But you should not risk your money and nerves, sooner or later you will have to return the apartment to the "Propeeping" condition. If you refuse to do this, a decision can be made to sell your apartment in court for the sale of the work in the initial species.
Vakte, which is in three copies (for you, hillpox and to send to the regional registration chamber), indicate the address of the reorganization object and (or) redevelopment; a list of members of the Commission hosting work; Name, date and accurate description of all work done; The decision of the Commission and the signature of its members. The design drawings with the changes that are needed to be taken into account in BTI, acts on hidden work, acts of acceptance of individual systems should be attached. The last step is to make changes to the certificate of ownership of real estate.
Do you need permission?
This question is asked almost everyone who has conceived redevelopment. Sanctions for unauthorized redevelopment or reorganization are as follows: Penalty (2-2.5 thousand rubles) and the obligation to obtain a resolution permission (reorganization) or make a decision on the premises to be given in the initial state.
What to do those who made the redevelopment until 2005, when to obtain permission was not necessary? First of all, you can try to coordinate it in the hillose. Do not accept documents based on the fact that in fact redevelopment has already been done, representatives of the headset cannot (the legislation provides for only three grounds for refusing: the failure of the entire deferment of documents; submission of documents to the body, the competence of which the adoption of this decision does not refer; non-compliance with the redevelopment project requirements law).
If in the hill scope you refused to coordinate redevelopment, you can go to court. For this, they will need the same documents as for the legalization of redevelopment, plus the act of construction expertise with the conclusion on the observance of the loads, project, other requirements of the law. The act of construction examination is needed in order to confirm that the redevelopment has not violates the rights and legitimate interests of citizens. In this case, the court may make a decision that will oblige the hill on the presented documents.