Typical apartments of the Soviet period often do not comply with the ideas of modern owners about comfortable accommodation. The consequence of this is capital repairs. In the event that none of the neighbors complain to the actions of the owner of the apartment, there are no special problems. But if the real estate is sold, gives or carry out any other legal actions, the question arises on the presence of advocate documents corresponding to the letter of the law. Let's talk about how to get them without inviting lawyers.
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The concept of new things created
Any material of the material world can be upgraded, converted or supplemented. Similar actions from the point of view of the law are called the transformation of an old thing in a new one. All right-ending documents received on the old thing lose force when it comes to the newly created thing.
This provision is fully true for real estate. Any apartment or house, even in the case when the owner has no technical passport in his arms, is listed in the registry of real estate objects. In addition to the address, in these apartments, the number and area of \u200b\u200bthe rooms, the wiring of communications, the number of doors and windows, as well as the equipment installed in the house, such as:
- AGB
- double-circuit boiler
- electric boiler
- water, gas and electricity meters,
- air conditioning, if we are talking about homes located in the historic part of the city.
If the repair affects something from the above, then after its completion, the owner receives a new thing or newly created property. This object needs to receive relevant documents.
Another actual problem is the attachment of basements and attics to the apartments located on the first and last floors. Often, the basements and attics are in improper form, so utility institutions will be happy to allow owners of adjacent apartments to expand their living space. In practice, this is issued in the form of various temporary and lease agreements.
If you look at these actions from the point of view of the law, we will come to the newly created thing again. At the same time, it will be more complicated to get advocating documents, since the owner of the apartment has no rights to dispose and, even more so, rebuild basements and attic rooms. Any lease agreement implies exclusively the right to use allocated square meters, without the possibility of making any changes.
In order to clearly understand what actions are considered to be directed to the creation of a new thing, we propose to qualify them:
- changing the area of \u200b\u200brooms, including replacing door openings and non-bearing walls,
- any actions aimed at changing the bearing walls of the house,
- changing communications
- change, add or liquidation, heating devices,
- disconnection from the central heat supply system,
- joining an apartment or home unfortunately
- an extension to the private house of additional rooms,
- changing the altitude of the house,
- renewal of non-residential premises in residential,
- renewal of residential premises in non-residential,
- installing the facade door where it was not before,
- installation of the air conditioner on the facade part of the house located in the historic part of the city,
- reconstruction or expansion of the balcony,
- replacing communications,
- replacing accounts.
The above changes are divided into:
- local
- global.
For local changes, it is enough to obtain permission in a particular instance, order the relevant documents and get a certificate.
Global changes that relate to the reconstruction of the entire object or a separate part of it require the receipt of new guidelines. There are two options:
- primary documents,
- registration through court.
Obtaining guidelines on the basis of primary documentation
Legging the redevelopment is quite difficult. Therefore, if the repair is not yet made, it is easier to get all the right-pointing documents as it requires the law. The procedure is conditionally divided into three stages:
- preparatory,
- conducting construction work
- obtaining a conclusion about the readiness of the object to operation.
At the preparatory stage, it is necessary to consider the scale of planned changes. After the idea is framed:
- find a licensed design organization and order technical documentation,
- find a contractor and conclude a construction contract with him,
- get permission to redecessing in BTI, Rospotrebnadzor, Ministry of Emergency Situations and the architecture of the city.
The last item is the most difficult, as it will be necessary to provide a number of documents, including:
- technical passport of premises together with reference F1 and F5,
- project documentation under the wet seal of a licensed architectural and construction organization,
- conclusion of architecture about the possibility of redevelopment,
- conclusion of firefighters on the conformity of technical documentation Fire safety requirement,
- conclusion of Rospotrebnadzor,
- certified by a notary ownership of an apartment or house,
- the consent of the neighbors
- a contract with the contractor.
Although these papers are basic, in some cases additional coordination will be needed. In practice, it is not difficult to collect all permits. It will take it from two months to six months, depending on perseverance and investment.
Nevertheless, many decide to do without appropriate pieces and to fulfill redevelopment. Subsequently, such owners have a question how to legitimize the redevelopment of the apartment?
First of all, this is associated with the alienation of property. When making any property agreement, a new technical service will need. When it is made, if the appropriate changes have not been issued in the manner prescribed by law, the stamp is "arbitrarily built". If there is such a stamp, any notary will refuse to register a contract against property owner.
Unfortunately, this is not the only problem. In most cases, neighbors with understanding refer to repair, but if they decide to complain, the owner will have problems. Among them:
- fine,
- requirement to return the initial appearance object,
- confiscation of the room and subsequent sale.
Although in 99% of cases the law directly sees only the first type of punishment, most officials seeks 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 the perpetrator to avoid well-deserved punishment, and the owner is obliged to fork out for an expensive gift.
If you apply to legal practice, experts in the field of housing law are often faced with the question of how much it is worth legalizing re-planning. 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 voiced immediately. But it is not the final one. In the process of work there will be many additional spending. This is due to the fact that most of the references will be issued "rear", therefore, a lawyer is simply not able to specify all possible moments in advance.
Based on the foregoing, the conclusion suggests the obvious, make the relevant documents as it should be. This will reduce the price at least 10 times. But this option is not always possible.
How to legitimize redevelopment, documents and mechanisms
Many began to engage in redevelopment in the 90s. At that time, the law did not regulate this group of legal relations, so no documents did not need. Nevertheless, now the owners of such apartments and houses have encountered the problem of transferring property rights to the property. In this case, it will take to legitimize the redevelopment of the room through the court.
Another point that is actively exploited by lawyers is the changes directly prohibited by law. On the one hand, permission cannot be obtained for such works. On the other hand, they can be legalized. These include:
- deterioration of the living conditions of the hosts or neighbors,
- attachment of emergency or unsuitable premises,
- accession of departmental premises,
- disorder of the integrity of the supporting structures,
- surgaring of communication systems, water, electricity or gas,
- violation or perestroika Ventkanal,
- overloading bearing walls.
All these prohibitions are played as follows. Upon receipt of permission in the state organization, the owner after engaging will receive a refusal. Next, perform the operation with the assistance of a private company and on the basis of its conclusions apply to the court for recognition of property rights.
Although it is convenient enough, it will cost such pleasure expensive. And it's not about paying the services of a lawyer, but in obtaining relevant expertise. Not every company consciously violates the norms of current legislation, since as a punishment, and the most sophisticated, it is possible to cancel the license.
In addition to controversial moments, there are some changes, to legitimize which is impossible at all. They refer to the cutting of niches or openings in the bearing walls. Since such actions will substantially weaken the building, soon there will be cracks in the walls, the ceiling or gender stops and other no less unpleasant consequences. The only way out for them will go to court with a claim for refunds of material damages. Although the owner of the room in which the repair was carried out, i.e. The defendant will most likely win the process, a construction company, issued a conclusion, 100% will lose its license. Therefore, for such a risk, no self-respecting company will go.
Whatever the causes of legalization, the package of documents for the court will remain the same:
- draft redevelopment of the house, certified by the licensed architectural and construction company,
- certificate of ownership of the object
- technical passport Apartment,
- help from Rospotrebnadzor and from firefighters to comply with the redevelopment of established standards and standards,
- help from the housing and communal organization that neighbors do not have complaints or a notarized consent of the neighbors for redevelopment,
- help from the architecture that the repair did not violate the supporting structures, ventilation system and communication.
All these papers need to be collected before contacting the court.
The next step is to draw up a claim. This document has a law set by law. To save time it is easier to turn to any legal adviser or a student of the Law Faculty. There is no point in the lawyer, as he will offer to conduct a business, and this is the other money.
If you decide to write a claim, guided by the relevant articles of the Civil Code of the Russian Federation, check the following details:
- court name
- court address
- your data,
- contact Information,
- place of residence and registration,
- name and contact details of the respondent.
The claim itself must contain:
- essence of the question,
- arguments
- proof,
- list of attached documents.
By and large, the presence of all references and competent argumentation in the lawsuit is a victory. If you do all the work on the judge and independently paint on the basis of which items, he should make a decision on recognition of ownership, most likely, he will satisfy the claim. The exception is only the category of objects to which the respondent's personal interest is applied.
Refuse the court can only if the evidence is not fully provided or indicate that redevelopment violates the norms established by law. In this case, you will have to contact the Court of Appeal and approach the certificate registration process more carefully. In most cases, the appeal will send the case for a re-examination by the court of first instance. This type of appeal belongs to appealing the material part of the process. There is also a procedural part, it gives even more opportunities to achieve truth at a minimum of investments, but this is already the topic of a separate article.
In conclusion, I would like to say a few words about the plaintiffs, who, after appointing the judge, come to the assistant with a proposal: "I need to legalize redevelopment, the price of the question?". In the fact that this question can be obtained a specific answer, we believe only those who have never been in court. Although the assistant can find out this moment, it will not be done, for the simple reason that he does not know the plaintiff. Therefore, if there are funds, but there is not enough time, it is easier to hire a lawyer who can settle all problems. In other cases, collect the necessary documents and boldly go to recognize ownership of an apartment or a house.
