The redevelopment is illegal. Illegal redevelopment than is threatened?

To make the apartment as comfortable as possible, the owners often have to do major repairs there. Sometimes it is required to combine the neighboring rooms, and in some cases - to divide. Unfortunately, most of the redevelopment of modern apartments is illegal. What is the illegal redevelopment? What is it that threatens the owners of premises?

Redevelopment is ...

The Russian Housing Code says that the redevelopment is the transformation of the interior of the premises, which requires fixing changes in the technical passport. In order to ensure that the owner of the apartment in the future did not have problems with the reconciliation of the redevelopment, it is necessary to plan the work plan in advance. Some types of repair work should be coordinated with the Housing Inspectorate. What basic rules should I adhere to?

What works do not require special permission

The following types of work do not require coordination with the BTI:

• Renovation of walls, floors, ceilings;
• Installation, dismantling, replacement of elements of built-in furniture systems, which are not a separate room;
• Replacement of old plumbing;
• Installation of equipment from the street side (installation of air conditioners, mosquito nets, antennas);
• Moving and replacing batteries, cooking stoves;
• Replacement of the old equipment with a similar in size and properties,
• Repair of loggias, balconies;
• Installation of light showcases and doors, self-extracting and rotating, if the area of the room does not change;
• Installation of partitions that do not involve increasing the load on the floor,
• Removal of the tambour;
• Removal of partitions (non-curtains);
• Removing or forming openings for doors in non-bearing walls.

What works are prohibited

Illegal redevelopment of the apartment has a direct effect on the strength of the structure of the structure, which can lead to its damage or destruction. It can also complicate the access of tenants to their apartments or to objects of common property.

Re-planning illegal can be recognized when carrying out the following types of work:

• Alteration of premises, which worsens the housing conditions of owners and the use of engineering and technical communications at home;
• Complete dismantling of load-bearing walls, weakening the strength of the house;
• Installation of radiators on balconies and loggias;
• Installation of loggias and balconies above the second floor;
• Installation of floor heating systems from the general heating network;
• Unification of auxiliary and residential premises;
• An increase in the area of the auxiliary premises by uniting with the dwelling;
• Closing ventilation or reducing the size of the channel;
• Installation of partitions, after which a new building without windows and radiators is formed;
• Increasing the load on the load-bearing structures of the house;
• Sealing in the wall of the gas pipe;
• Connection to the apartment of the general corridor of the staircase;
• Installation of disconnecting communication devices affecting the consumption of resources in other premises;
• Re-equipment of technical premises;
• Work in emergency buildings and representing cultural value.

How changes are identified

Remodeling illegal can be detected in the following situations:

• Complaints from the owners of neighboring premises about violations that interfere with comfortable living (poor sound insulation, ventilation, etc.);
• Accidents and disruptions in the work of engineering and technical communications at home;
• Bypassing flats by communal service employees for checking communications, counters;
• The employee of the BTI changing the area of the apartment to compile a technical passport;
• When concluding a transaction with real estate.

A responsibility

Illegal redevelopment implies punishment for the owners. There are several types of measures to deal with violators, such as:

• fine;
• The return of the previous type of premises at the request of the BTI in a timely manner;
• Repeated fine and drafting of a lawsuit against the owner of the apartment when he refuses to return the old form;
• Sale of real estate at public auction for neglecting the instructions of the housing inspection and the court.

Illegal redevelopment of the apartment: fines

Uncoordinated repair work on the redevelopment of any residential premises threatens apartment owners with an administrative fine. According to the Administrative Code, illegal redevelopment leads to damage to residential buildings, communications, affect their operation. The size of the fine for natural persons depends on the territorial location of the house and is usually 2500 rubles. For legal entities, the fine for illegal re-planning will be greater. However, the Code does not set the size of fines depending on a particular case.

If the owner legalized the redevelopment by filing a lawsuit, the administrative penalty still needs to be paid. Also, the requirements of the local administration to the apartment owner do not prohibit him from filing a return statement of claim to legitimize the work done.

Evil violations

Re-planning (illegal) threatens the owners of housing not only by paying a fine. If the requirements of the housing inspection for the return of the former type of housing are ignored or the work was not completed within the prescribed time, such violations are considered malicious. At the same time, the Housing Inspectorate has the right to file a lawsuit against the owner of the apartment.

There are two possible variants of the development of events:

1. The apartment is sold at public auction. The owner is returned some of the proceeds, but deducts from them the costs of legal costs and other necessary expenses. The new owners of the apartment receive from the state requirements for the mandatory return of the external appearance of housing.
2. If the apartment is not privatized and was received under a social contract from the local administration, the owners are evicted. In this case, material compensation is not provided. However, the new owners will need to work on returning the appearance of the apartment, as in the previous case.

Difficulties in concluding transactions

Illegal redevelopment threatens owners not only with problems with the housing inspection, but also when concluding transactions with real estate. Conduct a deal at will and without extra time and money will not work. The sale of the apartment can be carried out, but the cost of such housing will be significantly understated. If the redevelopment is illegal, then no bank on any terms will not give buyers a housing loan for this apartment. That is, a mortgage sale is not possible.

But if the technical characteristics of the apartment were changed slightly, then the sale transaction can be carried out. Potential buyers must be informed of all violations without fail, for which it is necessary to sign informative documents. At the same time, the new owner assumes responsibility for returning the appearance of the apartment, which inevitably leads to additional expenses. The amount of discount for apartments with illegal re-planning depends on the nature of the changes, but usually it is 15-20%.

Often, the real estate market is sold housing, where an illegal redevelopment was carried out. What is it that threatens the owners? First of all, if this fact is revealed, the owners are obliged to pay an administrative fine and return the previous view of the apartment. If this has not been done, the apartment can be sold at public auction regardless of the opinion of its owner.