Typical apartments of the Soviet period quite often do not correspond to the ideas of modern owners about comfortable housing. The consequence of this is major repairs. If none of the neighbors complains about the actions of the owner of the apartment, there are no special problems. But if real estate is sold, given or carry out any other legal actions, the question arises of the availability of title documents corresponding to the letter of the law. Let's talk about how to get them without inviting lawyers.
Content
The concept of a newly created thing
Any subject of the material world can be modernized, converted or supplemented. Similar actions from the point of view of the law are called the transformation of the old thing into a new one. All title documents received on the old thing lose their strength when it comes to a newly created thing.
This provision is fully fair in relation to real estate objects. Any apartment or house, even in the case when the owner has no technical passport in the hands, is listed in the register of real estate. In addition to the address, these apartment indicates the number and area of \u200b\u200bthe rooms, wiring communications, the number of doors and windows, as well as the equipment installed in the house, such as:
- AGV,
- double -circuit boiler,
- electric boiler,
- water meters, gas and electricity,
- air conditioning, when it comes to houses located in the historical part of the city.
If the repair affects one of the above, then after its completion the owner receives a new thing or the newly created property. The relevant documents must be obtained on such an object.
Another urgent problem is to join the basements and attics to apartments located on the first and last floors. Often the cellars and attics are inadequate, so communal institutions are happy to allow the owners of adjacent apartments to expand their living space. In practice, this is drawn up in the form of various temporary or lease agreements.
If you look at these actions from the point of view of the law, we will again come to the newly created thing. At the same time, it will be many times more difficult to obtain title documents, since the owner of the apartment does not have any rights to dispose of and, moreover, rebuild the basement and attic premises. Any lease involves exclusively the right to use the allotted square meters, without the ability to make any changes.
In order to clearly understand what actions are considered to be aimed at creating a new thing, we offer to qualify them:
- changing the area of \u200b\u200bthe rooms, including the replacement of doorways and non -carrying walls,
- any actions aimed at changing in the bearing walls of the house,
- changing communications,
- change, adding or liquidation, heating devices,
- disconnecting from the central heat supply system,
- joining the apartment or house of non -woven premises,
- an extension to a private house of additional premises,
- changing the height of the house,
- renewal of non -residential premises to housing,
- renewal of the dwelling into non -residential,
- installation of a facade door where it was not there before,
- installing the air conditioner on the facade part of the house located in the historical part of the city,
- reconstruction or expansion of the balcony,
- replacement of communications,
- replacing accounting meters.
The above changes are divided into:
- local,
- global.
For local changes, it is enough to obtain permission in a specific instance, order the relevant documents and get a certificate.
Global changes that relate to the reconstruction of the entire object or its individual part require the receipt of new title documents. There are two options:
- primary documentation,
- registration through the court.
Receiving title documents on the basis of primary documentation
It is quite difficult to legalize redevelopment. Therefore, if the repair has not yet been made, it is easier to get all the title documents as the law requires. The procedure is conditionally divided into three stages:
- preparatory,
- construction work,
- obtaining a conclusion on the readiness of the object for operation.
At the preparatory stage, it is necessary to think over the scale of the planned changes. After the idea is designed:
- find a licensed design organization and order technical documentation,
- find a contractor and conclude an agreement with him on the implementation of construction work,
- get a permit for redevelopment in the BTI, Rospotrebnadzor, the Ministry of Emergencies and the architecture of the city.
The last point is the most difficult, since it is necessary to provide a number of documents, including:
- technical passport of the premises along with certificates F1 and F5,
- design documentation under the wet seal of a licensed architectural and construction organization,
- the conclusion of the architecture about the possibility of redevelopment,
- the conclusion of firefighters on the compliance of the technical documentation of the fire safety requirements,
- the conclusion of Rospotrebnadzor,
- certified by a notary's ownership of an apartment or house,
- the agreement of the neighbors,
- contract with the contractor.
Although, these papers are basic, in some cases additional approvals will be needed. In practice, collecting all permits is not difficult. It will take from two months to six months, depending on perseverance and investment.
Nevertheless, many decide to do without appropriate pieces of paper and arbitrarily redevelopment. Subsequently, such owners have a question, how to legitimize the redevelopment of the apartment?
First of all, this is due to the alienation of property. When applying for any property contract, a new technical passport will be needed. During its manufacture, if the corresponding changes were not executed in the manner prescribed by law, a stamp “arbitrarily built” will appear. In the presence of such a stamp, any notary will refuse to register the contract regarding the property of the owner.
Unfortunately, this is not the only problem. In most cases, neighbors with understanding relate to repair, but if they decide to complain, the owner will have problems. Among them:
- fine,
- the requirement to return the object initial appearance,
- confiscation of the premises and its subsequent sale.
Although in 99% of cases the law directly sees only the first type of punishment, most officials seek to apply the last measure. The consequences of this are obvious and qualified by the relevant article of the Criminal Code. Nevertheless, the bureaucratic system allows guilty to avoid a well -deserved punishment, and the owner must fork out for an expensive gift.
If we turn to legal practice, then specialists in the field of housing law often face the question of how much it is worth legalizing the redevelopment. To dispel all myths, we immediately note that the lawyer himself will take at least $ 500 for such work, in addition, payments will be needed in the amount of $ 1,000 to $ 10,000. Most likely, this price will be announced immediately. But it is not the final. In the process, there will be many additional expenses. This is due to the fact that most of the certificates will be framed “retroactively”, therefore, the lawyer is simply not able to specify all possible points in advance.
Based on all of the above, the conclusion suggests itself obvious, to make the relevant documents as expected. This will reduce the price by at least 10 times. But this option is far from always possible.
How to legalize redevelopment, documents and mechanisms
Many began to redesign back in the 90s. At that time, the law did not regulate this group of legal relations, so no documents had to be done. Nevertheless, now the owners of such apartments and houses are faced with the problem of transferring property rights to the property. In this case, you will need to legitimize the redevelopment of the premises through the court.
Another point that is actively operated by lawyers is changes directly prohibited by law. On the one hand, permission cannot be obtained to carry out such work. On the other hand, they can be legalized. These include:
- deterioration of living conditions of the owners of the premises or neighbors,
- joining emergency or unsuitable premises for living,
- joining departmental premises,
- violation of the integrity of the supporting structures,
- overloading communication systems, water, electricity or gas,
- violation or restructuring of the ventilation room,
- overloading the load -bearing walls.
All these prohibitions are played as follows. Upon receipt of permission in a state organization, the owner will be refused after engineering work. Then he will perform work with the involvement of a private company and on the basis of its conclusions will apply to the court to recognize the right of property.
Although it is quite convenient, such a pleasure will cost. And the point is not in paying for the services of a lawyer, but in receiving the relevant examinations. Not every company will consciously violate the norms of current legislation, since as a punishment, and that, the most soft, can be canceled by a license.
In addition to controversial moments, there are some changes that can be legalized at all. They refer to the cutting of niches or openings in the supporting walls. Since such actions will significantly weaken the building, soon the neighboring residents will appear cracks in the walls, ceiling or floor deflections, and other equally unpleasant consequences. The only way out for them will be filed a lawsuit with a claim for compensation for material losses. Although the owner of the premises in which the repair was carried out, i.e. The defendant will most likely win the process, the construction company that issued the conclusions will lose 100% to the license. Therefore, no self -respecting company will go for such a risk.
Whatever the reasons for legalization, a package of documents for the court will remain the same:
- the project of redevelopment of the house, certified by a licensed architectural and construction company,
- certificate of ownership of the object,
- technical passport of the apartment,
- certificate from Rospotrebnadzor and from firefighters about the compliance of redevelopment with established standards and standards,
- certificate from the housing and communal organization that neighbors have no complaints or notarized consent of the neighbors to redevelopment,
- a certificate from the architecture that the repair did not violate the supporting structures, the ventilation system and communication.
All these papers must be collected before going to court.
The next step is to draw up a claim. This document has a design method established by law. To save time, it is easier to contact any legal adviser or student of the law faculty. There is no point in going to the lawyer, since he will offer to conduct the case, and this is other money.
If you decide to write a lawsuit, guided by the relevant articles of the Civil Code of the Russian Federation, check the following details:
- the name of the court,
- court address,
- your data,
- contact information,
- place of residence and registration,
- name and contact details of the defendant.
The claim itself must contain:
- the essence of the question,
- arguments,
- proof,
- list of attached documents.
By and large, the presence of all certificates and competent argument in the lawsuit is a victory. If you do all the work for the judge and paint it independently on the basis of which articles he must make a decision on recognizing the right of property, most likely he will satisfy the lawsuit. The exception is only the category of objects that the defendant’s personal interest applies.
The court can only refuse if the evidence is not fully provided or indicate that the redevelopment violates the norms established by law. In this case, you will have to apply to the court of appeal and approach the process of registration of certificates more carefully. In most cases, the appeal will direct the case for re -consideration by the court of first instance. This type of appeal refers to the appeal of the material part of the process. There is also a procedural part, it gives even more opportunities to achieve the truth with a minimum of investments, but this is the topic of a separate article.
In conclusion, I would like to say a few words about the plaintiffs who, after the appointment of a judge, come to an assistant with the proposal: “I need to legalize the redevelopment, the price of the issue?”. Only those who have never been in court believe that such a question can be obtained to such a question. Although the assistant can find out this moment, he will not do this, for the simple reason that he does not know the plaintiff. Therefore, if there are funds, and there is not enough time, it is easier to hire a lawyer who can settle all the problems. In other cases, collect the necessary documents and feel free to recognize the ownership of the apartment or house.
