How to legalize alterations to the apartment

types of apartments Soviet period quite often do not meet modern representations about the hosts a comfortable accommodation.The consequence of this are major repairs.If none of the neighbors did not complain about the actions of the landlord, no special problems.But if the property is sold, give or take any other legal action, there is a question about the availability of legal documents, the corresponding letter of the law.Let's talk about how to get them without an invitation lawyers.

concept of newly created items

Anythe subject of the material world can be upgraded, rebuilt or extended.Such actions are a matter of law referred to the transformation of the old things in the new one.All legal documents obtained by the old thing, lose power when it comes to the newly created items.

This position is fully true for real estate.Any apartment or house, even when the owner is not in the hands of a technical passport, listed in the register of real estate.In addition to the address, data apartments listed number and area of ​​rooms, distributing communications, the number of doors and windows, as well as set in the house equipment, such as:

• AGV,
• double-pressure boiler,
• electric boiler,
• water meters,gas and electricity,
• air conditioning, when it comes to the houses located in the historical part of the city.

If the repair involves something of the above, then after it gets new owner of a thing or a newly created property.In such an object must obtain the relevant documents.

Another urgent problem - joining basements and attics to the apartments, located on the first and last floors.Often, basements and attics are in the form of improper, therefore public institutions are happy to allow the owners of adjoining apartments to expand their living space.In practice, this takes the form of various contracts for temporary use or lease.

If you look at this from the point of view of the law, then come back to the newly created items.At the same time, to receive documents of title will be much more difficult as the apartment owner has no right to dispose of and, especially, to rebuild the basement and attic.Any lease implies exclusive right to use the allotted square meters, with no possibility of making any changes.

In order to understand clearly what actions are considered to be aimed at creating new things, we offer them to qualify:

• change in the area of ​​rooms, including the replacement of doorways and bearing walls,
• any action aimed at changingin the bearing walls of the house,
• change communication,
• change, addition or elimination, heaters,
• disconnection from the central heating system,
• accession to the apartment or house rather than space,
• annexe to a private house additional facilities,
• changes in high-rise buildings,
• renewal of non-residential premises in residential,
• renewal of residential premises in non-residential,
• installing front door, where before there was none,
• installation of air conditioning at the front of the house located in the historical part of the city,
• reconstruction or extension of the balcony,
• replacement communications,
• replacement accounting counters.

The above changes are divided into:

• local,
• global.

For local changes enough to get permission in a particular instance, order the relevant documents and get help.

global changes that affect the entire reconstruction of the object or its parts require a new title documents.There are two variants:

• primary documentation,
• registration through the courts.

preparation of legal documents on the basis of primary documentation

legitimize the re-planning is difficult.Therefore, if the repair is not made, it is easier to get all the legal documents as required by law.The procedure is conventionally divided into three stages:

• preparatory,
• construction work,
• obtaining conclusions about the readiness of the object for use.

At the preparatory stage, consider the scale of the planned changes.Once the idea is framed:

• find a licensed design organization and order technical documentation,
• find a contractor and sign a contract with him on the implementation of construction works,
• get permission to redevelop the BTI, Rospotrebnadzor, Ministry of Emergency Situations and the architecture of the city.

The last point is the most difficult, because you will need to provide a number of documents, including:

• technical passport facilities with references F1 and F5,
• project documentation under the Wet Seal licensed architectural - building organization,
• Finally, the architecture of the possibility of redevelopment,
• conclusion of firefighters under the technical documentation requirements of fire safety,
• conclusion Rospotrebnadzor,
• notarized ownership of an apartment or house,
• consent of neighbors,
• contract with the contractor.

Although these papers are the main, in some cases, additional negotiation will be needed.In practice, to gather all the permits is not difficult.It will take from two to six months, depending on the persistence and investment.

Nevertheless, many decide to do without the relevant papers and carry out alterations without permission.Later, the owners of such a question as to legalize alterations to the apartment?

Primarily, this is due to the disposal of property.When making any property contract will need a new registration certificate.When shipped from the factory, if the corresponding changes have not been furnished in accordance with the law, will stamp "illegally built".With so the die any notary fails to register the contract in respect of the property owner.

Unfortunately, this is not the only problem.In most cases, the neighbors are sympathetic to repair, but if they decide to complain, the owner will be a problem.Among them:

• fine,
• requirement to return the original appearance of the object,
• confiscation of the premises and its subsequent sale.

Although 99% of cases, the law expressly sees only the first type of punishment, most officials seeks to apply the latest measure.The implications of this are obvious, and are qualified by the corresponding article of the Criminal Code.However, the bureaucratic system allows the guilty to avoid punishment, but the owner is obliged to fork out for an expensive gift.

If we turn to the practice of law, the experts in the field of housing rights are often faced with the question, how much does it legitimize the re-planning.To dispel all myths, once we note that the lawyer himself for similar work will take at least $ 500 but this need payments of from 1 000 to 10 000 $.Rather, this price will be announced soon.But it is not final.In the process, there are many additional costs.This is due to the fact that most inquiries will be processed "retroactively", therefore, the lawyer is simply not able to specify in advance all possible moments.

Based on the above, the conclusion is obvious, make the relevant documents as expected.This will reduce the price of at least 10 times.But this option is not always possible.

How to legalize alterations, instruments and mechanisms

Many began to engage in redevelopment is still in the 90s.At that time, the law does not regulate this legal group, so no documents did not have to do.However, today owners of apartments and houses are faced with the problem of transfer of ownership of property.In this case, you will need to legalize alterations to the premises through the courts.

Another point, which is actively exploited by lawyers, it changes directly prohibited by law.On the one hand, to carry out such work can not get permission.On the other - they can be legalized.These include:

• deterioration of the living conditions of the owners premises or neighbors,
• accession of emergency or uninhabitable buildings,
• accession departmental premises,
• violation of the integrity of load-bearing structures,
• overload communication systems, water, electricity or gas,
• violating or reorganization ventkanala,
• overload load-bearing walls.

All these prohibitions are played as follows.Upon receiving permission in state organization, after the owner of the engineering work will be denied.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 quite convenient, such a pleasure will cost dearly.And it's not legal fees and to obtain the relevant expertise.Not every company knowingly violate the rules of the current legislation, as a punishment, and that the softest, provided the cancellation of the license.

Besides controversial issues, there are some changes, which generally can not be legitimate.They are related to the cutting of recesses or openings in bearing walls.Since such actions significantly weaken the building in a short time at the neighboring residents will be cracks in the walls, ceiling or floor troughs and other equally unpleasant consequences.The only solution for them is to go to court with a claim for compensation for material losses.Although the owner of the premises in which the repair was carried out, ie,the defendant is likely to win the process, a construction company that has issued the conclusion, 100% will be deprived of the license.Therefore, such a risk, no self-respecting company will not go.

Whatever the reasons for legalization, a package of documents for the court to remain the same:

• project redevelopment home, certified by a licensed architectural and construction firm,
• certificate of ownership to object,
• datasheet apartments,
• certificate from Rospotrebnadzor and by firefighters on the line redevelopment established norms and standards,
• certificate from the housing and communal organizations that neighbors do not have a claim or a notarized consent of neighbors to carry out redevelopment,
• certificate from the architecture that repairs are notviolated the load-bearing structures, the ventilation system and communication.

All these papers need to collect before to go to court.

next step - drawing up an action.This paper has established a way to design the law.To save time, easy to apply to any legal counsel or law students.To advocate sense to go there, as it will offer to conduct business, and this is more money.

If you decide to write a claim to the relevant articles of the Civil Code, check the following details:

• name of the court,
• address the court,
• your data,
• contact information,
• place of residence and registration,
• name andcontact details of the defendant.

himself claim must contain:

• crux of the matter,
• arguments,
• evidence,
• list of attached documents.

By and large, you have all the information and competent arguments in the lawsuit - a victory.If you do all the work for the judge alone and paint on the basis of which it was the articles he has to make a decision on the recognition of property rights, most likely, it will satisfy the claim.The only exception is the category of objects covered by the personal interest of the defendant.

court can refuse only if the evidence is not provided in full or suggest that alterations violates the rules established by law.In this case, it is necessary to apply to the Court of Appeal and to approach the process of registration of references more carefully.In most cases, an appeal will send the case back to the trial court.This type of appeal relates to the appeal of the material part of the process.There are also procedural part, it gives even more options to find the truth with a minimum investment, but this is a topic for another article.

In conclusion I would like to say a few words about the plaintiffs that after the appointment of the judges come to the assistant to the sentence: "I need to legalize alterations, the price?".The fact that such a question can get a concrete answer, believe only those who have never been in court.While the assistant can learn this point, to do this, he will not, for the simple reason that he did not know the plaintiff.Therefore, if you have the means, and not enough time, it is easier to hire a lawyer who will be able to resolve all problems.In other cases, collect the necessary documents and go boldly to recognize the ownership of an apartment or house.