How to rebuild an apartment to your taste and did not earn a penalty, if the term We all know the expression " owner - a gentleman ." But , as it turned out , the owner of the apartment is not true to the fullest. Since almost any major changes in it - the so-called redevelopment - today require certain approvals or permission . And for different violations can be punished even (though not always hurt ) . Understand that we are allowed to change in our home and how it all legalize helped us CEO, managing partner of LC " Legal guild " Victorian " Victor Moroz , lawyer law firm" Alex Pooh and Partners " Ian Kondratuk and senior partner " UkrYurTsentr "Anatoly lived .
That you can change
St . 152 of the Housing Code of Ukraine provides that redevelopment apartment which belongs to the citizen the right of private property with the permission of the executive committee of the local Council of People's Deputies in accordance with the law . However, to do with the redevelopment can not all he wants .
POSSIBLE . Legislation allows us to combine a bathroom with toilet , attached to him part of the corridor , increasing the area of living rooms through corridors and ancillary facilities , to create a kitchen -table , cut through openings in the walls that are not load-bearing , clean the loft, built-in cupboards and closets to increase the living space , organize a balcony, weatherstrip disassembled part of the wall . We can also arrange partitions in backrooms , disassemble, fireplaces and stoves , reduce the area due to insulation or walls, rearrange engineering and plumbing fixtures within the premises intended for him and osteklyat balconies and loggias (the latter can not be done in buildings that are listed in the State Register immovable monuments of Ukraine ) .
NOT . Not allowed to replan, which leads to disruption or destruction strength load-bearing structures , deterioration of the integrity and appearance of the facades , infringement of the requirements for fire safety and fire protection ; worsens operating conditions and residence of all individuals or in a house or apartment. Specifically , it is forbidden to increase the area of toilets and bathrooms at the expense of premises , loggias and balconies combine with other spaces by disassembling the outer walls , move on loggias and balconies central heating radiators , combine apartments vertically with full or partial dismantling of ceiling . And yet - arrange openings in the bearing walls without duly approved project documentation , remove acoustic insulating base floors, dismantle vents and ducts , digging cellars, create an extension to the apartment located on the first floor of apartment buildings , installing air conditioners and satellite dishes on the facades of buildings , facing the street.
To formalize the legality of its redevelopment, you must apply to the local authority ( depending on the region , this may be the executive committee of the local council , the local or regional administration ) an application for permission for refurbishment or redevelopment . The application , in which the reasons for redevelopment, you make a copy (maybe you will be required notarized ) certificate of title , registration certificate copy of BTI , floor plan , certified by Zhao or home owner , conceptual design alterations, photo and graphic images of an object Zhao agreed to perform work on the redesign , document confirming the consent of tenants ( owners , tenants ) to work on the redesign .
Redevelopment project you have to order the organization with the appropriate license. Project documentation is coordinated with district SES , fire department , Zhao , sometimes - the chief architect of the district and municipal services .
As for the work on the redesign , the Victor Moroz advises not to do it yourself and not hiring voluntary brigade " shabashniks " and enter into a formal contract with the construction company . The presence of such an agreement will facilitate your acceptance of the facility.
After taking into operation of this Act and approval by the local government BTI conducts inventory and produces new technical passport of the room, which is transmitted to Zhao .
If you decide to redevelop without any formalities , you will face administrative responsibility - a warning or a fine of from one to three non-taxable minimum incomes of citizens ( from 17 to 51 USD). If you do this and allowed unauthorized change of architectural appearance of the house , then you can further be fined from 5 to 10 non-taxable minimum incomes of citizens ( 85-170 UAH ) .
In the case where redevelopment has resulted or could result in the inability to use , disruption of the normal functioning of the housing and communal services, which resulted in danger to life or health or property damage on a large scale - Article 270-1 of the Criminal Code provides for a fine from 100 to 250 non-taxable minimum incomes of citizens ( from 1700 to 4250 hryvnia ) , correctional labor for up to two years , restriction or deprivation of liberty for a term up to three years .
Well, quite sad if you 're caught in the implementation of the same acts committed repeatedly or by a dangerous method . Such actions may be punished with imprisonment for a term of three to eight years. In the case, where they caused property damage on a large scale ( direct damages consist of a sum which is a thousand times or more higher than the non-taxable minimum incomes of citizens) or death of a person or other grave consequences, - that the perpetrator is punished with imprisonment for a term of 5 to 12 years .