In the first few lines, we take it upon myself to say that legalization of redevelopment in the legal field of Ukraine it is so troublesome and thankless task that should think three times before you make any engineering changes to your typical apartment.
For the redevelopment of apartments needed a very serious motivation. Sometimes the redevelopment is really needed, but as practice shows, in most cases "not worth the trouble." Overall size of the apartment you will still not be able to increase. Changes in layout of the apartment would entail serious paperwork. How to legalize alterations to the apartment, read below, wrote Infobud.
Why must the legalization of redevelopment?
Legalization of redevelopment apartments, usually should be done in two ways:
1) you decide to make alterations to improve housing conditions;
2) redevelopment has already been done by you or previous owner of the apartment and has not been legalized.
In the first case, you must clearly understand what is allowed and what is absolutely impossible to do in an apartment block of flats. To avoid further complications and troubles with legalization of redevelopment. In February 2011 the Verkhovna Rada of Ukraine has strengthened its degree of responsibility for wrongful interference with the construction of a house.
In the second case, the legalization of redevelopment is forced, because without the proper execution of these documents is impossible to make any or real estate transactions. Incidentally, it was alleged sale and purchase of flats is an impetus to make alterations to legalize an apartment. Without a complete set of documents can not be legally formalize the sale, donation, apartment, a loan secured, etc.
Correspondents iBud.ua found in the replanning of lawyers to legalize an apartment like this:
In most cases, the process of legalization of redevelopment apartments do specialize in this legal and law offices. But even at their informal relations with government officials and networking process of collecting and legalization of documents takes an average of 6 months and costs about 4.2 thousand cu If you need to do urgently legalization (for 1,5-2 months), the amount of agency fee is doubled. If you decide to deal with the issue of legalization of redevelopment apartment by yourself, then be prepared for that event will take 6 months to one and a half years for the same cost.
Go through all the bureaucratic obstacles on their own to carry out coordination of redevelopment, a difficult task. In this issue requires a thorough grounding in architecture, engineering, communications and law. Strictly speaking, a significant number of unauthorized re-planning is explained by the fact that to achieve all the necessary permits from the normal person usually does not have enough time and patience.
But as mentioned above, more and more citizens are forced to issue permits at least to not have problems with the law. Remodelling of the apartment, which resulted in serious consequences, by today's law is punishable not only administrative but also criminal.
If as a result of your intervention in the design of the house suffered damage to life or health of others, or whether it creates an inconvenience to other tenants, such as in the stairwell or deteriorating insulation, you face a fine from 1700 to 4250 UAH. An especially malicious violation of home construction - three years in prison. For repeat such actions - from 3 to 8 years imprisonment. If, however, collapsed and there are casualties or damage was caused in large-scale (more than 17 000 hrn.), Then you can sit down for a period of 5 to 12 years.
When remodeling the apartment is strictly forbidden to touch the bearing walls of the house
What is legally considered to be redevelopment apartment?
By law, redevelopment - a complex repair and construction work being carried out under specially approved and coordinated design documents, which are changing the dimensions and physical parameters of the room. In this case can be made dismantling barriers, non-carriers, or resettlement in their doorways and passages not previously envisaged.
At the same time allowed by law:
- Increasing the area of ??residential rooms on the corridor through the area and support facilities;
- Association between an adjacent space, if it does not affect the load-bearing structures;
- Arrangement of openings in non load-bearing partitions;
- Dismantling of mezzanines, built-in cabinets and closets in order to increase the area of ??other rooms;
- Moving the front door of the apartment.
Carrying out an apartment redevelopment
To begin the reconfiguration of the apartment, it is necessary to perform certain administrative and legal actions.
1. Develop a draft plan for future (highly desirable that it served as an expert or organization having a license).
2. Coordinate this project with the firefighters, SES and the energy supplying organization, for example, Kievenergo. This process charged and may facilitate the pocket on 5-6 thousand hryvnia.
3. Minor changes such as replacing doors or windows can be resolved at the housing office or OSBB. But here's involvement in laying water pipes, heating and gas pipes will require the full completion of all instances.
4. Final permission for the works issued by state administration (WGA), on the basis of all the collected documents. But there is another "pitfall."
5. For permission to redevelop need to collect signatures as neighbors of all adjoining apartments, they are not opposed to redevelopment. To solve this problem, writes iBud.ua, very difficult. Even the most lovely and good neighbors, very thoughtful, a sign that paper, taking into account the fact that in the near future, they secured at least a month because of the roar wall bolgarok and drills. This may be one more item of expenditure.
The table below you can navigate on the timing and cost of services coordination of documents to redevelop the apartment.
Upon completion of repairs the landlord must order at BTI inventory remodeled facility, which is taken into operation in accordance with the act of an interdepartmental committee. The document is then approved in the RGA. After that all the necessary documents landlord served in the main control housing local City Administration. Then he must issue a new legal documents on his property.
At the front of the house should not be air conditioning
Legalization of redevelopment apartment in court
Law firms are widely practiced yet another method of legalization redevelopment apartment. No less expensive than those described above, but more bystvy. This is the legalization of redevelopment through the courts. This happens as follows.
Need to get your hands on the refusal of the district administration entering your home in operation. And then challenge it in court. During the proceedings, the court usually requires the examination, which must confirm the evidence that redevelopment does not violate building codes and does not pose a threat to the life around them. And if you really do not have dangerous design changes at home, the new documents you must be given by the court.
If you want to conclude BTI for purchases and sales are flat, then an expert from BTI often possible to "negotiate" that he "noticed" signs of redevelopment. How? This will tell you any broker. This method, incidentally, contributes to the fact that in our legislation, such concepts as "redevelopment" and "reconstruction" are registered very blurry. This gives bureaucrats a great field for abuse of office.
At the same time there are a number of actions of a technical nature, which is valid for redevelopment are not allowed. However, many of them are considered legally forbidden, although in fact the threat of a not imply, and therefore violated everywhere.
Prohibited extension to ground floor apartment in this country at every step
Prohibited by remodeling apartments to take such actions:
- Increase in the area of ??toilets due to kitchen area;
- Association of rooms or kitchens with balcony;
- Removal of the balcony a central heating radiator;
- Dismantling of the parapet wall and the arrangement of second exit to the balcony;
- Arrangement of holes in the slab for combining the upper and lower apartments;
- Erection of extension to the apartment on the first floors of multistory buildings;
- Install satellite dishes and air conditioners on the fa?ades of the building.
- Disassemble the ventilation ducts and channels;
- Infringe in any form construction of bearing walls;
- Operation with gas pipes.
Such actions may violate the strength of the supporting structure of the building, create a hazard to life and your own neighbors. Finally, on this kind of violations do not close your eyes or an official.