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Buying any apartment on the secondary market carries the risk of getting housing with illegal redevelopment. In the best case, the seller will initially notify the buyer of this, then there will be no surprise. But it also happens that inaccuracies in the plan and in the passports are clarified after the transaction is concluded.

Realtors and builders subdivide all redevelopments into minor and significant as well as on acceptable and unacceptable... Significant and minor redevelopments can be legalized at any time, or you can simply abandon them and return the living space to its original state. The most difficult case is when it is impossible to return it back and at the same time it is also impossible to legalize the alteration. Illegal redevelopment threatens the buyer with big troubles in the future.

When redevelopment can be legalized

The temptation to redo something in the layout of an apartment is always great. Fortunately, today there are all the possibilities for this, it is enough to hire a team of craftsmen and any work will be done quickly and efficiently. Few people think that the result should be reflected in the documents for housing. It is possible to conduct a sale and purchase transaction on the condition that the buyer, at his own expense, corrects the documents and legalizes the alteration within a period of up to 6 months.

Failure to notify the buyer that the apartment has properly unapproved redevelopments is a good reason for unilateral termination of the sale and purchase agreement and invalidation of the transaction.

The approval process involves the submission of documents to the housing inspectorate. All you need to collect and submit:

  • A new apartment plan, order it from the BTI or another organization;
  • Statement;
  • A copy of the passport of the owner of the apartment;
  • Copies of the contract of sale for the apartment;
  • Registration certificate for the apartment;
  • Written consent from each of the other apartment owners.

Depending on the specific settlement the approval process can take on average from 2 months to 6 months, but on the portal of public services, you can submit all documents in electronic form and get the necessary approval in a period of 20 to 45 days. Difficulties will not arise if the changes comply with building codes and regulations.

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Not every redevelopment can be legalized. For example, when it comes to demolishing load-bearing walls, moving a bathroom to another place, or other changes in the design parameters of an apartment, such redevelopment cannot be legalized in advance and cannot be retroactive.

At the same time, you should not confuse redevelopment with rebuilding. For example, replacing cast-iron radiators with aluminum ones, or replacing a water heater from 30 liters to 50 liters is a reorganization, but making a door in the partition between adjacent rooms is a redevelopment. Reorganization does not need to be documented, and even the most insignificant redevelopment automatically requires entering it into the documents for the apartment.

According to the RF Housing Code, redevelopment should be carried out only after the owner of the apartment has issued all the necessary permits, and only then a special commission conducts an inspection and certifies that the repair work performed was carried out exactly according to the agreed plan. The presence of an alteration that was not previously agreed upon makes it necessary for the owner to carry out the approval retroactively, which is not always possible.

Illegal redevelopment in a mortgage apartment

The biggest troubles lie in wait for buyers who are ready to make a purchase on a mortgage. At the same time, documents for the selected square meters are submitted to the bank for approval. If after the registration of the mortgage it is found out that there are uncoordinated redevelopments in the apartment, then the agreement with the bank may be under the threat of termination.

It's all about the liquidity of such real estate. The bank is not interested in registering illegal alterations for its own money and incurring losses. Much more willingly, mortgage loans are issued against the security of the acquired real estate with an impeccable package of documents. That is why by agreeing to buy an apartment with uncoordinated mortgage alterations, the buyer is at great risk.

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How much will the fine for illegal redevelopment cost?

It should be immediately clarified that for illegal redevelopment the owner of an apartment can be punished by a fine due to the onset of administrative liability, but only if no one - the tenants of this apartment or neighbors, has suffered from the consequences of this redevelopment. Otherwise, depending on the severity of the consequences, more serious liability, including criminal liability, may arise.

The fine for illegal redevelopment within the framework of administrative responsibility without causing damage to third parties is equal to:

  • For citizens - 2-2.5 thousand rubles;
  • For officials - 4-5 thousand rubles;
  • For legal entities- 40-50 thousand rubles.

If damage is caused to the property interests or health of third parties, the fines will be more serious:

  • For citizens - up to 5 thousand rubles;
  • For officials - up to 50 thousand rubles;
  • For legal entities - up to 300 thousand rubles.

If the damage is serious, and the victims can prove that the actions of the owner of the apartment were deliberate, then it will not be possible to get off with a fine alone, not to mention the fact that compensation for the damage in full will have to be paid in any case.

How is illegal redevelopment detected?

Many do not worry that the documents for the apartment are not perfect, believing that no one cares about this. In fact, the risk of detecting illegal redevelopment always exists. Typically, detection occurs as follows:

  1. In the process of redevelopment, changes in the characteristics of adjacent structures may occur. For example, the sound permeability of the wall adjacent to the neighbors will increase, or ventilation will deteriorate, or otherwise the neighbors will be able to assume that a redevelopment has taken place in the neighboring apartment and will file a complaint with the housing inspectorate. Upon contacting the apartment, a commission will be sent to check the apartment plan with its actual state, and if inconsistencies are found, it will issue a fine and issue an order to eliminate inconsistencies in the documents within up to 6 months or bring the apartment back to its original state.
  2. Due to a gross violation of building codes and regulations, an accident will occur, or a failure in the operation of common building communications, which will require the intervention of utilities, and then the previous scenario will be completely repeated, with the difference that the amount of the fine will be greater, the alteration itself may not be eliminated , as well as agree.
  3. During the verification of the meter readings, the redevelopment can be detected by a utility worker, after which the application will be received on behalf of the utility service to the housing inspectorate.

All the most important characteristics of the apartment are reflected in its BTI passport, as well as in the cadastral passport. These passports are required to be issued during the entry into property rights. You cannot make any real estate transactions without them. When the characteristics of an apartment change, it automatically invalidates its passports.... Consequently, the owner, with any intention to dispose of the property, may find himself in a difficult situation.

If we leave everything as it is and do not issue new passports, then in the future it will not be possible to sell, buy, mortgage, or inherit an apartment just like that. If the buyer even agrees to complete the deal in this form, he will require a serious discount in order to use this money to complete the agreement on his own.

In other words, housing loses its liquidity, becomes cheaper and can only be sold at a discount, which is extremely unprofitable for the owner who has invested his money in it. Whereas a properly executed redevelopment dramatically increases the liquidity of an apartment, because apartments with successful alterations are usually in price, in contrast to standard options with a standard set of disadvantages.

To arrange or ...?

Summarizing the above, it is important to note that the obligation to carry out the registration of the redevelopment always lies with the owner himself. You can use the living space for as long as you want, without at all suffering from inaccuracies in the documents, but in the future this problem will certainly make itself known, and how much it will cost to eliminate it is now impossible to say.

If you have any questions about buying an apartment with illegal redevelopment, then our lawyer on duty is ready to answer them promptly.

Many do not even think about the need for redevelopment. And those who do it do not always know that it needs to be properly registered.

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Therefore, when a representative of a government agency comes, conflicts and misunderstandings arise.

What it is?

Housing organizations should now control the redevelopment process. It often happens when the owner informs the BTI already when all the changes have been made.

But in some cases, redevelopment is not possible in accordance with current legislation.

When registering changes, the passport for real estate remains the same. But if you do not properly notify the housing organization, you can get penalties and the consequences of illegal redevelopment.

Therefore, many want to know what illegal redevelopment is and when it is. First of all, this is a change in the space of a dwelling without obtaining a permit.

  • installation of built-in furniture, replacement of its elements, disassembly;
  • renovation of walls, painting of the ceiling, wallpaper;
  • installation of new partitions - not a load-bearing wall;
  • replacing plumbing properly;
  • installation of machinery and equipment from the street side;
  • replacement of a stove, hood, battery;
  • replacement of equipment with a new one;
  • replacement of the balcony;
  • installation of showcases and doors, often the question is asked when decorating stores;
  • demolition of the vestibule or partition - not load-bearing.

Illegal has a significant impact on the strength of the structure. It is dangerous for the life of the owner and inhabitants of this living space.

In addition, this can lead to damage and destruction of the complete structure, from which citizens of other apartments may suffer.

Redevelopments can make life difficult for other residents in terms of access to certain areas.

The following actions become illegal redevelopment:

  • redevelopment that will worsen the living conditions of owners and other residents;
  • removal of the load-bearing wall, which will weaken the strength of the building as a whole;
  • installation of heating on the balcony;
  • installation of a balcony above the second floor on its own initiative;
  • unification of several territories at once;
  • installation of underfloor heating from a common heating network;
  • unification of non-residential area (storage room) with residential;
  • reducing the size of the ducts and removing ventilation by covering them up;
  • installation of partitions, where a room is formed that does not meet the standards;
  • an increase in the additional load on the construction of the living space;
  • internal installation of a gas pipe;
  • increasing the territory by joining a common corridor;
  • work in a technical room or in emergency buildings;
  • installation of disconnecting equipment, which will affect the consumption of resources in a different living space.

Law

This issue is also regulated by the Housing Code of the Russian Federation.

They specify the concept of illegal planning and work, the result of which must be registered or agreed with the housing inspectorate.

Unlawful redevelopment

You can live your whole life with an illegal layout until a representative of a government authority comes and looks at the premises.

It costs several thousand rubles. But it will take a lot of time for registration - about two months. But if this is not done on time, then there will be some problems with the sale of property.

How is it detected?

You can identify illegal redevelopment:

  • in case of a complaint from other owners of the premises, if the repair of neighbors has interfered with comfortable living, then they have the right to complain to the housing inspection, most often this happens with damaged sound insulation or lack of ventilation;
  • in case of accidents and failures in the work of technical communications of the building;
  • when concluding purchase and sale transactions with this residential area;
  • measurement of the territory by a BTI employee;
  • bypassing apartments by utilities in order to check communications and meters.

Effects

Many citizens want to know the consequences of illegal redevelopment.

As mentioned earlier, each person will be held accountable for such an offense. And illegal redevelopment is a violation.

There are several ways to punish violators:

  • Fine. Installed in accordance with applicable law.
  • Returning the premises to its previous form at the request of the representative of the BTI. Also the terms for this action are stipulated.
  • Selling an apartment at a public auction in violation of the law and disregard of the instructions of the authorities.

Unauthorized repairs will cost the owner 2,500 rubles. This is an administrative fine that is imposed on a person to minimize the risks of structural failure.

In accordance with the current legal act, illegal redevelopment leads to damage to communications, and also affects the operation of housing in general. For legal entities, the fine will be slightly higher.

There are no fixed fines in the Housing Code. Therefore, they will depend on the specific situation.

The administrative fine will also have to be paid in case of a lawsuit. The requirements of the local administration do not in any way affect the filing of the claim.

Further actions

A citizen after a warning must be duly. If he does not do this, then the case can be taken to court.

There are also additional measures to influence the owner. This ensures that the transaction is legalized properly, otherwise the rights may be sold.

Features of the conclusion of transactions

In 2019, illegal redevelopment threatens its owner with difficulties in concluding any transactions.

Many owners are not afraid of penalties for such an action, but upon resale this fact is revealed. And many buyers refuse to purchase precisely because of the unmarked marks in the technical passport.

Sale

Many people want to know how to sell such a property and what the risks are. But sellers with no marks still have a chance to realize an apartment without legalizing the breading.

The question remains open if the changes in the BTI are not spelled out and they do not know about them.

In this case, it is possible to sell the apartment without any problems, if the buyer is satisfied with everything.

But it should be understood that now the buyer is responsible for the registration of the redevelopment.

Purchase

Many also want to know if it is worth buying such a property. And if this fact is discovered, a fine will be imposed on the new owner.

The owner-seller risks nothing after the sale. He could sell the premises with the old layout. But here the buyer gets an advantage - he can ask for a substantial discount.

In a mortgage

In the case of buying an apartment with illegal redevelopment, there are many problems. So, for example, it is almost impossible to buy real estate at your own expense.

Buying on credit, although not an advantageous position, allows you to fulfill your dream in a short time.

But with illegal redevelopment, such an action is not feasible. The lending institution carefully checks the real estate for the fact of a violation of the transaction.

But some lenders don't mind. The seller does not risk anything. Its main task is to find a purchaser who will agree to such conditions.

The lender always finds out about illegal redevelopment, as he requests all the necessary documentation.

If it is already the borrower who performs all the actions for redeveloping the mortgage apartment, then he will also be responsible. If he decides on this action, he must show the apartment to a specialist and determine the complexity of the work.

Realtors often involve representatives of the redevelopment department. It is this authority that can provide information about the type of redevelopment and an approximate estimate of such an action.

It is also worth remembering that mortgage lending is issued only if the apartment fully complies with the technical documents.

Is an assessment required?

Redeveloped real estate is a profitable solution, but only if the documentation is in perfect order from the legal side. With legal redevelopment, you can inflate the cost by 10%.

Illegal redevelopment will worsen the financial situation of the party by 10% of the cost.

Many buyers independently turn to appraisers to accurately calculate the value of real estate. This allows you to slightly lower the price of real estate.

Its cost depends on individual characteristics.

How to legalize?

All redevelopment work must be legalized in the BTI. For this, a package of documents is collected and brought to the presented organization.

Redevelopment of residential premises has become very popular in recent years. But the sale of an apartment with a redevelopment or other living space has its own characteristics. If the owner, and the changes were made to the documents of title and the cadastral passport, then he will be able to sell the property without problems and more expensive by about 10% of the usual cost.

The fact of the legality of changing the configuration of the premises must be verified by the buyer before signing the contract, although illegal redevelopment is not an obstacle to sale or purchase. In the absence of records in the documents, the new owner will have to take responsibility and arrange housing in accordance with the actual floor plan. Otherwise, he can return the premises in accordance with the original plan.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

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In any case, in order to avoid trouble, the buyer should check the floor plan of the premises at the BTI, red lines usually indicate deviations from the norm. But if the plan looks in the usual way, this does not mean that there was no redevelopment, perhaps it was not revealed. It is best to walk through the rooms with the floor plan.

If, as a result of the redevelopment, the load-bearing walls, engineering systems, floors, gas stove were not affected, then the approval can be easily done retroactively. But when the original plan differs significantly from the actual one, the supporting structures were affected, then the buyer, after acquiring the premises with illegal redevelopment, will face high costs for agreement. In case of violation of housing standards, which are approved by law, approval will become impossible in any case.

It is not recommended to purchase housing with illegal redevelopment, because the approval or return of the premises to original form can be expensive for the new owner. This is also an obstacle to obtaining a loan for the purchase of redeveloped housing.

The executive branch has the right on the basis of judgment to seize housing, the redevelopment of which the owner refuses to legitimize, so most often banks do not want to issue a mortgage on it, and if the bank still issues a loan, the borrower will be obliged to sign a document on the legal procedure in the near future

Why is it needed

Sellers who have not completed the documents for approval on time, most often have to reduce the cost of housing. But before the sale, you should ask whether the redevelopment needs to be legalized. Otherwise, you need to know how to sell an apartment in the absence of approval.

By law, any changes in the original plan are called redevelopment, they can be of 2 types:

Legal They do not require special permissions or are required.

They are associated with embedding, elimination, minor relocation:

  • batteries;
  • sockets;
  • built-in wardrobes;
  • gas stove;
  • heated towel rails;
  • plumbers;
  • another.

If the owner decided to glaze the loggia, demolish the non-bearing partition between the bathroom and the toilet, then the changes are considered insignificant, which means that it is not necessary to make adjustments to the documents for the apartment.

But if the partitions between the rooms are demolished, regardless of whether they are load-bearing or not, then the floor plan (number of rooms) will change, which means that you will have to coordinate actions in the appropriate authorities. In other cases, changes can be called legal if the owner has received permission to make them.

Illegal No permission was obtained for them. The agreement could not be legalized because changes were made that are prohibited by law.

For example, owner:

  • moved the radiators to the glazed balcony;
  • installed underfloor heating using a heating and water supply system;
  • built a fireplace in an apartment located in a panel house;
  • placed the kitchen and bathroom under or above the living room;
  • combined where the gas equipment and the room are;
  • equipped arches, niches, openings in the bearing walls.

If the change in the dwelling is unlawful, then it must be eliminated upon sale. In another case, the former or new owner is obliged to conduct an agreement. If this is not done, then at the next inspection of the apartment by the Housing Inspectorate, the owner will have to pay a fine, and then still agree on the redevelopment.

When the inspectors identify large-scale changes that cannot be legalized, the owner is obliged to return the premises to their original appearance. In addition, it is quite difficult to sell an apartment with illegal redevelopment, you will need to issue a registration certificate, and all changes will be recorded in it.

In any case, the claims of the regulatory authorities will be directed to the new owner, even if he received the apartment by inheritance, and the redevelopment was carried out many years ago.

Instruction and basic documents

Re-planned premises, the fact of changes in which was not legalized in time, can be recognized after the sale as goods with inadequate quality on the basis of:

  • Consumer Protection Law No. 2300-1 (Art. 19);
  • Civil Code (Art. 477).

As a result, the seller can be brought not only to administrative responsibility, but the court will oblige him to pay the costs of the move to the buyer and compensate him for moral damage.

If the re-planned apartment has already been sold, the new owner will need to present the following documents to legalize the changes:

  • your own civil passport and the buyer;
  • title documents for the premises;
  • contract of sale;
  • a receipt confirming the payment of a fee for registering a home for a new owner;
  • the act of acceptance and transfer of the premises.

When it is planned to sell housing with illegal redevelopment, then in order to avoid the invalidation of the transaction, it is necessary to agree on the changes, guided by Art. 25-29 LCD.

The owner needs:

  1. Apply to the BTI for an extract from the cadastral passport, where all the changes made must be indicated. You also need to get a certificate of technical characteristics apartments and a copy of the cadastral passport.
  2. With the documents, you should contact the district department of urban planning and architecture to call an architect. The specialist must draw up a project and a sketch of the changes that are already in place. This project must be coordinated with firefighters, housing departments and SES, with local authorities.
  3. If the regulatory authorities approve the changes, you must pay a fine, because the redevelopment was not previously legalized by the owner.
  4. Then you should obtain permission from the chief architect and call a specialist from the BTI, who is obliged to inspect the premises and draw up new technical documentation. Corrections must be made to the floor plan and cadastral passport, from which new extracts will be required taking into account the changes made.
  5. Then you can make a sale and purchase transaction in the usual way. To conclude a transaction with a notary, you will additionally need:
    • contract of sale;
    • permission from other owners of the premises, if any;
    • the consent of the guardianship and trusteeship body, if one of the owners is a minor;
    • an extract from the house book, which should contain information about the presence or absence of those registered in the room;
    • certificate of the state of the personal account.
  6. After the notarization of the documents, it is necessary to register with the FUGRTS, where a month later, the new owner will receive a certificate of registration.

Under what conditions is the sale of an apartment with redevelopment

The sale of an apartment with a redevelopment is possible without legal permission, but the buyer must be warned that he will have to go through the procedure with the documents on his own. To do this, sellers usually reduce the cost of an apartment, which makes it possible to attract more buyers, including those who are ready to solve the problem on their own.

If it turns out that the cadastral passport is expired, then the necessary extracts cannot be obtained. We'll have to reluctantly issue a passport, which means to legitimize the redevelopment. If the changes in the premises have already been made, then selling it at auction has a number of peculiarities. Also, not every bank will agree to issue a loan for the purchase of such housing.

Without coordination

It is possible to redevelop the premises in an apartment building without the consent of the relevant authorities. Although the redevelopment involves a change in the area of ​​rooms, the demolition of walls and other global changes, which require permits and the preparation of a new project, but if a refurbishment of the premises is required, then it can be carried out without approval. Re-equipment or overhaul means the replacement or complete dismantling of some of the engineering structures inside the apartment.

The owner may not coordinate his actions with the BTI and other supervisory authorities if he decides:

  • replace old engineering communications or install additional ones;
  • carry out cosmetic repairs (align walls, glue wallpaper, paint, replace door and window openings);
  • move a household gas or electric stove;
  • install new heating equipment;
  • other changes.

If a permit is required for redevelopment, then all apartment owners must claim it, when there are several of them. For a private house, approval is issued only once at the stage of its construction.

If in the future the owner of a one-story private house wishes to carry out the reconstruction of the internal premises, he can do this without approval. A redevelopment permit is required for the apartment owners, because the changes must not affect the supporting structures, so that there are no serious violations in the architecture of the entire building.

If the redevelopment of the residential premises was carried out without permission, then the following may apply to the court at the location of the construction site:

  • one of the owners of the apartment, if he did not give his consent;
  • Housing inspection or BTI;
  • citizens living in neighboring apartments;
  • other persons.

When an apartment is sold with illegal redevelopment, then it will have to be legalized by the present or future owner, otherwise, the premises will be returned to their original state, but sometimes the relevant authorities cannot issue a permit, because housing norms were violated during the reconstruction

From bidding

If the owner made an unauthorized redevelopment and re-equipment, as a result of which the apartment was destroyed, as well as the property of other citizens was damaged, then a decision may be made on the forced sale of the premises. According to the LC (art. 29, part 5), if the owner does not bring the premises back to their previous state, then the relevant authorities or other persons can go to court.

On the basis of a court decision, the premises must be sold at auction. After the sale of the apartment, the funds will be spent on:

  • repayment of legal costs;
  • restoration of the premises by another owner;
  • payment of the balance to the former owner.

Similar requirements are contained in the Civil Code (Article 292), where it is indicated that a private premises can be put up for public auction by a court decision if the owner:

  • uses the apartment for other purposes;
  • violates the interests of citizens living in the neighborhood;
  • allows the destruction of the home;
  • commits other illegal actions.

The executive body also has the right to assign the owner a period for repairs. If the requirements of local authorities and the court are not met, the bailiffs seize the apartment, sell it at auction, and return the proceeds to the owner minus legal costs.

The winner of the auction files a claim for the eviction of a citizen only after he has been assigned ownership of the premises. This measure is applied in practice very rarely, if the owner proves that the premises are the only one for him where he can live, then the court will not satisfy the claim for the sale of housing.

Mortgage

Banks often impose restrictions on the parameters of housing that can be borrowed. Therefore, potential borrowers have to purchase apartments that need redevelopment. In other cases, borrowers are trying to purchase exactly the re-planned apartment.

Buying such an apartment has its own characteristics, primarily because it will become the subject of a pledge. If the borrower does not settle with the bank, then the property must be sold in order to pay off the debt.

In this case, there are 2 concepts:

  • mortgage credit lending;
  • mortgage.

In the case of mortgage lending, the purchased housing becomes a collateral. But a conventional mortgage can be issued on the security of existing real estate. In both cases, the bank must be sure that if it takes an apartment as collateral, then all the documents on it must be in order, including the redevelopment, if any.

This should also include the fact that new owner can carry out illegal redevelopment even before the loan is paid off. Therefore, mortgage insurance is used for insurance by banks.

When carrying out a legal planning, the owner (borrower) must notify not only the BTI, but also the bank and the insurance company, because, taking into account the reconstruction, the cost of the premises (collateral) may change.

Sometimes banks in advance introduce into the loan agreement a special clause prohibiting the redevelopment of an apartment that is pledged until the loan is repaid. For this purpose, the inspector in charge visits the premises annually to make sure that the borrower has not carried out illegal renovations.

If it turns out that the borrower has carried out a redevelopment and did not notify any organization about it, then the bank has the right to demand approval of a permit. In another case, he can sue, since in fact his client has violated the contract. At the same time, the bank has every right to refuse to fulfill its obligations to the borrower.

How to legalize a deal

Often it is necessary to draw up documents for the redevelopment of the premises directly when the apartment is sold. Previously, the citizen thought that anything could be done with residential property, and therefore did not apply for permission from the BTI and other authorities.

If the buyer does not agree to take responsibility for himself, then the owner will have to first draw up the technical documents for the apartment properly before concluding the sale and purchase agreement in 2019.

One of the options that helps to avoid paying a fine is to legitimize the redevelopment, which was not carried out, but is supposedly planned. To this end, it is necessary to negotiate with a specialist from the regional department of architecture, who will help draw up a draft of the changes.

It should be coordinated with the Housing Inspectorate, and when the permit is issued, you will have to wait for the completion date of the proposed redevelopment work and draw up an act of their completion. Only after that it is possible to obtain a new registration certificate at the BTI. Legalization "retroactively" will help to avoid a decrease in the cost of the apartment being sold, but the issue of completing the deal will be delayed.

Selling an apartment with illegal redevelopment is a difficult task, but solvable. Much depends on the type of redevelopment itself (in some cases, it is not required to legalize it). It is also important to discuss this fact with the buyer. Depending on the agreements reached, it will be.

Redevelopment types

Not all types of redevelopment imply the need to legitimize this procedure and make the appropriate changes to the data sheet. Redevelopment can be conditionally divided into one that does not require permission and one that can be carried out only after obtaining permission from the BTI (Bureau of Technical Inventory).

Homeowners very rarely approach the redevelopment procedure responsibly, remembering that it still needs to be legalized only when it comes to selling.

No permission required

What redevelopment can be done without permission:

  • Replacing doors with newer ones.
  • Dismantling of built-in mezzanines and cabinets.
  • Installation of antennas, air conditioners and new batteries.

It is important that such a redevelopment is carried out in such a way that the apartment plan and internal communications are not disturbed.

Also, no permission is required for the following types works:

  • Rearrangement of the bathtub or sink, provided that the work is carried out within the bathroom.
  • Installation of plastic windows.
  • Installation of lightweight partitions.
  • Arrangement of an additional door in the wall where it was not previously (the wall should not be load-bearing).

In these cases, permission is not required, but it is imperative to notify the authorities of the changes made (or planned).

Requires permission

Other types of work require permission and appropriate changes to the data sheet:

  • Changing the location of the toilet and bathroom or arranging additional similar rooms.
  • Dismantling of plumbing.
  • Combining a balcony or loggia with rooms.
  • Changes to the floor structure (for example, replacing wood with concrete screeds).

All of the above changes require permission, but if it has not been received in advance, there is a good chance already "in fact" to agree on the changes and make them into the data sheet. At the same time, there are a number of redevelopment options, which are strictly prohibited and the only way out is to return to the previous state:

  • Combining the hall and kitchen.
  • Making changes to the load-bearing elements of the house.
  • Making changes to engineering communications.
  • Redevelopment of technical premises of the house.
  • Arrangement of full-fledged fireplaces in panel houses.
  • Dismantling of non-bearing partitions in panel houses.

Example: If the owner of the apartment decided to improve the heating and add a new battery, as well as install an air conditioner, this may not even be regarded as a redevelopment. But moving the bathroom to another place already requires permission and changes to the data sheet. Accordingly, in the first case, the sale of an apartment will be carried out at general rules, and in the second, you will have to negotiate with the future owner.

Unauthorized redevelopment is prohibited and involves a fine of the order of 2-2.5 thousand rubles.

Is it possible to sell an apartment with illegal redevelopment?

It is possible to sell an apartment with a redevelopment without coordination with the relevant authorities. There are no direct prohibitions on this. However, it must be remembered that buyers often check the location of various objects in the apartment with the registration certificate. Any inconsistencies, if the seller did not warn about them in advance, can be interpreted not in his favor, and in the end, the buyer may simply refuse to purchase a potentially problematic apartment.

Regardless of who exactly performed the redevelopment, the new owner will have to register it or return everything back. It is logical that people will not agree to such conditions just like that. There is only one option - to reduce the cost of housing.

According to statistics, illegal redevelopment automatically reduces the cost of an apartment by about 10%. It is assumed that this amount is compensation to the buyer for the inconvenience of further legalizing the redevelopment or carrying out major repairs in order to return everything as indicated in the data sheet.

It is very important that the total and living area of ​​the apartment remains unchanged as a result of redevelopment. You also need to pay attention to the requirements of the sanitary, construction and fire inspections.

Features of buying and selling apartments with illegal redevelopment

If there is an illegal redevelopment in the apartment, then they usually try to sell it until the moment when they need to get a new registration certificate (within 5 years from the moment the old one is received). Otherwise, in order to update the document, it will be necessary to let the inspector into the house, who, of course, will immediately detect the changes made.

Also, such transactions are usually carried out in cash. This minimizes oversight from various authorities and reduces the likelihood that the seller will run into problems. On the other hand, many buyers refuse to buy housing for "cash", so this scheme drastically limits the pool of potential customers.

How to sell an apartment with illegal redevelopment

The sale procedure itself, provided that the seller and the buyer have reached an agreement on who and how will further deal with the redevelopment, does not differ much and is actually identical to the usual purchase and sale of housing.

Procedure

  1. Discuss with the buyer the fact of redevelopment... It is recommended to indicate in advance all controversial points that, from the point of view of the law, may be recognized as illegal redevelopment. It also makes sense to immediately roughly calculate the possible costs both for legalization (if possible), and for returning to the state "as it was". If the amount received is less than 10% of the cost of the apartment, it is likely that the buyer will agree to a lower discount.
  2. Draw up a sales contract... It is recommended to include a clause on redevelopment in it in the sense that the buyer is aware of it and is obliged to take all the necessary actions to fix the problem.
  3. Sign a contract... If necessary, it can be certified by a notary, but this is not mandatory requirement... However the document.
  4. Draw up an act of acceptance and transfer and sign it... Payments for housing are usually made at the same time. At this point, the seller simply takes the money, hands over the documents, and he has nothing to do with the apartment anymore.
  5. Register ownership... The buyer is already engaged in this. On the basis of the sales contract and other documents, changes are made to Rosreestr.

The documents

When drawing up a sales contract, the following documents are needed:

  • Passports of the parties (buyer and seller).
  • Registration certificate for the apartment.
  • Extract from the USRN.
  • Certificate from the management company about the absence of debts for public services.
  • Extract from the house book about the persons registered in the apartment.
  • Any documents related to the redevelopment, if any.
  • The act of acceptance and transfer of housing (drawn up and signed after the signing of the contract).

Costs and terms

If the main agreements are reached, then the transaction itself can be carried out in just a few hours. On average, from the moment a potential buyer is found and until the transfer of an apartment to a new owner, it takes from a couple of days to several weeks.

In addition to the cost of the purchase of an apartment itself, as well as the possible costs of "reverse" redevelopment, which cannot even be roughly indicated due to the difference in prices, the buyer will incur additional costs for paying the state duty when registering ownership: 2,000 rubles from each new owner.

How can you legalize redevelopment

The parties can agree that the buyer transfers part of the cost of the apartment to the seller as an advance, and he, in turn, either legalizes the redevelopment or returns everything to its original state. In addition, the buyer can deal with this issue himself after the conclusion of the transaction.

Documents for legalizing the redevelopment in the apartment:

  • Redevelopment application.
  • Legend and plan of rooms in the apartment.
  • Documents confirming the ownership of housing.
  • The consent of all co-owners of the apartment, if any.
  • Registration certificate for housing.
  • Permission from the supervisory authorities for redevelopment (it must be obtained in advance).

After submitting all the documents, the housing inspectorate will send a specialist to the owner of the apartment. He will certify the discrepancy between the plan and the actual layout of the apartment, after which he will transfer the information to his inspection. There they will agree on the changes made (if at all possible), after which it will be possible to make the appropriate changes to the data sheet.

Selling an apartment with illegal redevelopment is real but comparatively difficult. Experienced specialists at a free consultation will clarify all the main controversial points that deserve attention. In addition, they can also act as representatives of the client, accompanying the entire transaction from start to finish (including the legalization procedure). This helps to eliminate practically and greatly speeds up the process.

(1 estimates, average: 5,00 out of 5)