The consequences of an unauthorized reorganization of the apartment - consultation of the Director of the Center for Legal Assistance "Native House" O. A. Sandiga.
Balcony facility with insulation and glazing in an apartment building.
re-support
The attic in the attic and the installation of chimney in the two-story apartment building of the post-war construction.
The opening devices in the supporting structures.
With the legal basis of the legal redevelopment and reconstruction of the apartment, our reader has already been familiarized. Now we will tell you that it faces the violator of the law if the interests of the neighbors were infringed as a result of the unauthorized reorganization of the housing.
Well laughs one who laughs last
Living needed by me a neighbor made a renovation. Along with the other, it produced unauthorized redevelopment of the bathroom and made water warm floors in it. I did not react to the noise of evening construction work that had reacted. And, apparently, in vain. I finally realized the appreciated miss, when my accustomed to the whole ears caught completely new sounds: not only my bathroom, but the whole apartment was filled with the music of "hydrodacious" tools. The neighbor had to meet. And the following was found out: all construction work was made by traveling workers from Ukraine, without agreed and approved in the Interdepartmental Commission of the Project. Naturally, they were lazy to carry out the hydro and sound insulation of the floor and sewage pipes necessary in such cases, as a result of which an amateur of water procedures and warmth made my life completely unbearable.For all oral claims, the neighbor was answered by a blissful smirk and remake nothing was going. I had to spend some time on the study of laws, after which I myself began to grin very much.
Professional opinion
In search of a fair decision, I addressed the director of the Center for Legal Aid "Native House" O. A. Sandig, which, with such problems, faces daily. Her customers are the owners of apartments that have redeveloped and reconstruction and for various reasons those who are in the field of view of the laws of the law. Some really violated the rights and interests of the neighbors and caused damage to the building, other law did not violate, but became victims of the envy and the ill-fame of these the most neighbors. In all cases, various administrative sanctions were applied to people who applied for legal assistance. Ordinary practice in such situations is to legitimize the redevelopment with minimal for an apartment owner or an employer of residential premises by consequences. It manages not always. The cases transferred to the court quite often end with decisions that bind the planning of the apartment in the original appearance.
In accordance with Article 84 of the Housing Code of the RSFSR, and in Moscow, in Moscow, paragraph 1 of Article 4 of the Law of Moscow N 37 "On the procedure for reorganizing premises in residential buildings in the city of Moscow", redevelopment and re-equipment of premises are sanctioned by the executive bodies and district constraints. Permits are issued by interdepartmental commissions.
If the apartment rejunction is performed in accordance with the permits, but the building and property of citizens and legal entities caused damage, the organization issued responsibility. An apartment or tenant who took the unauthorized reorganization of the residential premises is obliged to bring him to its previous state at his own expense (Housing Code, Art. 84, Part 3).
What types of influence on unauthorized references are applied in practice?
In Moscow, according to the ruling of Moszhilospect, the violators are canceled for a period of at least one month of subsidies and compensation (subsidies) on the payment of housing and utilities appointed from the city budget.
If, within two months, measures to eliminate the violations identified and their consequences were not adopted, district councils appeal. The claims for bringing apartments in the initial state are issued by the Directorates of the Unified Customer (on different grounds, including at the request of the affected tenants).
Moszhilospecttion informs the state registration authorities of rights to immovable property and transactions with it about the established facts of unauthorized reorganization of premises. It is done to prevent possible manipulations with housing and property until the apartment is complete in the old appearance.
The most soft punishment for unauthorized re-equipment and redevelopment of the apartment is a written warning of a violator or an imposition of a fine on it in accordance with Article 142 of the Administrative Code of the Russian Federation. These decisions are made by the Administrative Commission of the District on the Statization Protocol, if the violations were insignificant and did not have negative consequences for neighbors. If the neighbors suffered or damaged communications and the building as a whole, article 293 of the Civil Code of the Russian Federation can be applied to the violator. Based on this article, if the owner of the residential premises continues to violate the rights and interests of the neighbors or without good reason, does not produce necessary repairs, the court is authorized to decide on the sale of premises from public bidding to compensate for the damage and pay legal costs. In addition, in accordance with Article 133 of the Civil Procedure Code, the court may impose an arrest on the apartment of the defendant, depriving it with the opportunity to sell or exchange housing until the end of the investigation.
Until recently, unauthorized redevelopment and reconstruction issues did not attract the special attention of the city authorities. These are illegal redevelopments, "illegals" and used, not doubting that in extreme cases will cost a fine. In fact, what to be afraid if the Housing Code of the Russian Federation, as well as the Law of Moscow N 37 "On the procedure for reorganization of premises ..." (Art. 11, paragraph 5) requires from persons who have committed, for example, unauthorized redevelopment, just Arrange and register your actions in accordance with the established requirements.
Recently, the situation with unauthorized alterations of apartments has changed. The legislators of Moscow were the first to step in this direction. In December 2000, at various prefectures of the capital passed the meetings of the colleges. Reports of responsible secretaries of interdepartmental commissions and heads of regional government on the legalization of unauthorized redevelopments were heard. The practice of their approval by the back of the number remains in relation to only those premises, the unauthorized reorganization of which was carried out earlier and where the identified disorders are insignificant. The district interdepartmental commissions should apply the environmental interdepartmental commissions in accordance with the legislation, including the initiation of criminal cases under Article 293 of the Civil Code of the Russian Federation and the use of Article 133 of the Code of Civil Procedure of the Russian Federation.
So, creating a prefectant, the College of Prefecture of the Northern Administrative District of Moscow The first obliged the chapters of the district government "to prohibit the execution of documents on a declarative nature after the redevelopment made". The legalization of illegal redevelopments and reconstructions, lawyers and realtors of Moscow are seriously afraid that further tightening of legislative practice will significantly limit their opportunities to win the case in court.
The output suggests itself: the reorganization of housing will become possible only to a legal way.
The law, fortunately, did not breathe ...
Let's go back to a smiling neighbor who voiced my apartment by the jet jets. After unsuccessful persuasion, strengthen the sound insulation of his bathroom, I turned with a written complaint to the district council. After some time, an inspector arrived from there, accompanied by a plot policeman. Unauthorized redevelopment and reconstruction of the neighbor's apartment was reflected in a special act. Soon he was awarded the prescription on the corporate form of the district council.
A neighbor, like an ostrich, hid his head in the sand and began to assure himself that there was no threat to his well-being. However, in a month, he received a reappliance with the explanation that the refusal to put the planning of the apartment in the initial state would entail an arousal against him in court. Then the regional director of the Unified Customer filed a claim for the restoration of the initial type of apartment.
After the second judicial agenda, the neighbor broke. Polite and unworn, he appeared to offer the world, with which I happily agreed. True, "he had to give residential premises in the original state, it was already officially, with the participation of the project organization and the statement of the project in the Interdepartmental Commission. In which, as a result, the reorganization cost a neighbor, it is uncomfortable out loud.
I sleep now as killed, in silence and rest. True, another neighbor, behind the wall, plans to arrange a home cinema with a capacity of 500 W. I am glad that while he is saved only to him ...
The editors thanks CJSC "Native House" for consultation.