1. Reconstruction of residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises.

2. Redevelopment of a residential premises is a change in its configuration, requiring changes to the technical passport of the residential premises.

Comments to Art. 25 Residential Complex of the Russian Federation

1. Restructuring means change technical characteristics various equipment located in a residential area. This may be the replacement, installation or transfer of utility networks and other technical equipment. All such changes must be made to the technical passport of the residential premises. This is a mandatory requirement, and in the case where inclusion in the technical passport of the premises is not required as a result of a change in the technical characteristics of the premises, such actions cannot be classified as reconstruction. For example, replacing a bathtub is not a remodel if the new bathtub is installed in the same location where the old one was located. But if it is necessary to install a bath in another place in the room, this will entail the installation of new pipes and, accordingly, changes to the technical passport of the room.

Reconstruction that requires changes to the technical passport may include, for example, the installation of household electric stoves instead of gas stoves, the transfer of electrical networks, heating plumbing and gas appliances, the installation of new ventilation ducts, the laying of new or replacement of existing inlet and outlet pipelines and bathroom devices rooms (installation of shower cabins, washing machines increased power, etc.).

2. Redevelopment of a residential premises is a change in its configuration, requiring inclusion in the technical passport of the premises. Redevelopment may include:

Transfer, disassembly and installation of new interior partitions;

Relocation, enlargement, reduction, production of new and relocation of door and window openings;

Arrangement of additional premises in the apartment (kitchens, toilets and bathrooms, storage rooms);

Expansion of living rooms in the apartment due to auxiliary premises.

This may not be an exhaustive list of types of reconstruction and redevelopment of residential premises. But at the same time, as a result of the reconstruction and redevelopment of residential premises, changes are required to the technical passport of the residential premises. Absence of this condition in production certain works means that in this case there is no redevelopment. If, for example, the loggia was glazed or the frame was replaced, then these actions did not change the configuration of the living space and no changes are required to the technical passport. And, as a result, these actions cannot be called redevelopment of residential premises.

3. Reconstruction and (or) redevelopment of residential premises, the types of which are named in the commented article, can be carried out in exploited residential premises, regardless of the form of ownership of the premises, as well as non-residential premises in apartment buildings and for premises in respect of which, in accordance with the established procedure, there is a decision of the local government to transfer residential premises to non-residential or non-residential to residential. In reconstructed residential buildings, reconstruction and redevelopment are carried out in accordance with the reconstruction plan.

Any redevelopment or reconstruction of residential premises must be carried out in accordance with the norms of current legislation. In this article we will look at the possibilities of legal redevelopment, as well as ways to legalize unauthorized redevelopment of an apartment.

Article 25 of the Housing Code of the Russian Federation gives a clear definition not only of the concept of reconstruction, but also of the redevelopment of residential premises. In the first case, this is the installation, transfer and replacement of utility networks, electrical and other equipment, which necessarily require changes to the technical passport. Redevelopment is a direct change in the configuration of the premises, which is also reflected in the technical passport of the residential property.

Redevelopment is carried out exclusively while preserving the functional purpose of the premises, that is, all work is carried out subject to partial changes to the load-bearing structures and architectural appearance residential building.

Redevelopment includes:

• dismantling and moving partitions;
• arrangement and transfer of doorways;
• consolidation and subdivision of apartments with a large number of rooms;
• installation of additional bathrooms;
• expansion of living space due to other premises (loggia, storage room, etc.)
• reconstruction of existing vestibules;
• eliminating entrances to kitchens through living quarters.

Legal redevelopment of an apartment

The legality of redevelopment of a residential premises is a guarantee that any changes made will be made to the original design of the apartment, and all work will be carried out in compliance with building codes. The process of registering legal redevelopment is carried out in several stages, which necessarily involves the collection of documents, approval of projects and obtaining the appropriate permit.

Important! Registration of redevelopment requires not only time, but also financial costs; almost every stage of registration must be accompanied by payment of the appropriate fee.

According to a number of norms of Russian legislation, redevelopment of an apartment in multi-storey building goes through the following stages:

1. Contacting the BTI for a document on the condition of load-bearing structures.
2. Compilation technical documentation– development of a new project for a residential property, made in the form of drawings, as well as graphic and text materials. As a rule, an architect is involved in drawing up the document, after which the project is subject to approval by the architectural and planning association of the district and the gas inspection, if necessary.
3. To redevelop an apartment, you must obtain a building permit from the housing inspectorate, where you must provide a package of documents:

• application for redevelopment in a form approved by the Government of the Russian Federation;
• technical passport of the object;
• certificate of ownership;
• extract from home books;
• consent of all family members to redevelopment;
• BTI conclusion on the condition of load-bearing structures;
• redevelopment sketch or a separate project;
• author's supervision agreement;
• if necessary, approval of the gas inspection and conclusion of the architectural and planning association.

A prerequisite for legal redevelopment is the availability of a state license from the selected design company, which will prepare a sketch or redevelopment project.

After receiving the necessary permission from the housing inspection, you can begin construction work. However, it is important to remember that all redevelopment carried out upon completion must be recorded in the registration authority and the BTI.

The decision on consent or refusal is made by the body within 45 days from the date of adoption housing inspection all documents.

Unauthorized redevelopment: how to legalize

As already written above, legal redevelopment of residential premises requires a lot of time, due to the presence of significant red tape; it is these difficulties that push apartment owners to carry out redevelopment without the appropriate documentation. However, if it was not possible to formalize the redevelopment initially in a legal way, it is worth thinking about legalizing it in the very near future.

The consequences of unauthorized redevelopment can be very different, including emergency situations leading to flooding of neighbors and cracks in the walls, which, accordingly, will have to be eliminated entirely at the expense of the owner. In addition, today it is virtually impossible to sell an apartment with illegal redevelopment, and if the HOA or management company becomes aware of the redevelopment, registration necessary documents At the same time, you will definitely have to carry it. The owner may also be required to return the premises to its original condition.

In order to avoid all of these difficulties, the owner of the redesigned residential premises should take care to legitimize all changes. According to paragraph 4 of Art. 29 of the Housing Code of the Russian Federation, residential premises can be preserved in a rebuilt state if this does not violate the rights and legitimate interests of citizens, including does not create a threat to their health and life.

Please note that unauthorized redevelopment can only be legalized through judicial proceedings.

So, in order to legalize unauthorized redevelopment, it is necessary to apply to the judicial authorities with a statement of claim. The claim must indicate:

• Full name, address of the plaintiff;
• exact details of the defendant - as a rule, this is the city administration or district administration, unless otherwise provided by the city charter (the legal address of the defendant must be indicated);
• descriptive part statement of claim on preserving the residential premises in a redesigned state, the redevelopment of which was carried out without permission;
• the final part, where the plaintiff asks the court to preserve the layout of the residential premises in a redesigned state;
• a list of attached documents is written down;
• The application is signed and dated.

Important! Before filing a claim in court, you must prepare the following documentation:

1. Technical passport of the object before and after the redevelopment. The document is drawn up in the BTI; the last passport must contain the mark “unauthorized redevelopment”.
2. Conclusion on the technical condition of load-bearing structures.
3. The conclusion of the sanitary and epidemiological inspection and state fire supervision that the redevelopment complies with established sanitary standards and does not violate fire safety requirements.
4. A title document for an apartment confirming the plaintiff’s right to residential premises. If other persons are registered in the apartment, they are indicated in the claim as third parties.

The statement of claim with the attached documents is submitted to the district court at the location of the residential property. If all the documents have conclusions confirming the redevelopment’s compliance with all norms and rules, the court will make a positive decision. After which this decision must be submitted to the BTI, where the owner will be issued a new technical passport with the changes made.

1. Reconstruction of residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises.

2. Redevelopment of a residential premises is a change in its configuration, requiring changes to the technical passport of the residential premises.

Commentary to Art. 25 Residential Complex of the Russian Federation

1. Reconstruction means a change in the technical characteristics of various equipment located in a residential area. This may include replacement, installation or transfer of utility networks and other technical equipment. All of these changes must be made to the technical passport of the residential premises. This is a mandatory requirement, and in the case where changes to the technical characteristics of the premises are not required in the technical passport of the premises, these actions cannot be classified as reconstruction. For example, replacing a bathtub is not a remodel if the new bathtub is installed in the same location where the old one was located. But if you need to install a bath in a different location in the room, this will require installing new pipes and, accordingly, making changes to the technical passport of the room.

Reconstruction that requires changes to the technical passport may include, for example, the installation of household electric stoves instead of gas stoves, or the transfer of electrical networks, heating plumbing and gas appliances, or the installation of new ventilation ducts, or the laying of new or replacement of existing inlet and outlet pipelines and devices for the bathroom (installation of shower cabins, high-power washing machines, etc.).

2. Redevelopment of a residential premises is a change in its configuration, which requires inclusion in the technical passport of the premises. Redevelopment may include:

— moving, disassembling and installing new interior partitions;

- transfer, increase, decrease, production of new and transfer of door and window openings:

— arrangement of additional premises in the apartment (kitchens, toilets, bathrooms, storage rooms);

— expansion of living rooms in the apartment due to auxiliary premises.

In the above cases, only the internal configuration of the room changes, i.e. during redevelopment, changes occur within the walls of the room, without going beyond their boundaries.

3. The list of types of reconstruction and redevelopment of residential premises given in the commented article may not be exhaustive. But at the same time, as a result of the reconstruction and redevelopment of residential premises, changes are required to the technical passport of the residential premises. The absence of this condition during certain work means that in this case there is no redevelopment. If, for example, the loggia was glazed or the frames were replaced, then these actions did not change the configuration of the living space and no changes are required to the technical passport. And, as a result, these actions cannot be called redevelopment of residential premises.

4. Reconstruction and (or) redevelopment of residential premises, the types of which are named in the commented article, can be carried out in exploited residential premises, regardless of the form of ownership of the premises, as well as in non-residential premises in apartment buildings and premises for which, in accordance with the established procedure, there is a decision of the local government to transfer residential premises to non-residential or non-residential to residential. In reconstructed residential buildings, reconstruction and redevelopment are carried out in accordance with the reconstruction plan.