How to reconcile redevelop the apartment?

30.07.2011 16:30
Articles about real estate | How to reconcile redevelop the apartment? Every day more and more owners of square meters in apartment buildings facing the need to redesign the apartment. To learn how to properly coordinate redevelopment, says lawyer Oleg Sukhov, a leading lawyer of the "First Capital Law Center."

Permission for redevelopment would be required if your intention is to significantly transform your home, for example, rearrange the wardrobe. In turn, if the redevelopment concerns load-bearing walls of the building, then put it into practice will require not only a huge number of approvals in various instances, but also to obtain from each owner of the house with details of a personal signature, indicating the name of first name and patronymic, passport data, as well as details of title deeds to the apartment and any copies thereof.

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As stated in the law, namely Article 36 of the Housing Code, "the owners of premises in an apartment dwelling house owned by the right of common ownership and common areas designed to serve residential homes, utilities and the equipment serving the residential building, and supporting structures at home, including load bearing walls "... The same article says, and 290 of the Civil Code. This means that the load bearing wall in your apartment does not belong only to you and to all tenants on the right of common ownership. Said right of common ownership does not mean that every resident of the apartment building at any time of day and night is endowed with a legitimate opportunity to come into your apartment and lay claim to the bearing walls. But do not give their consent for you to cut through the door in the wall or an additional window, the tenants are entitled.

"Suppose that you decide to outwit and all conceived to make alterations to no notice to, and only then draw it, including through the courts - says lawyer Oleg Sukhov. - I think in this case, Article 29 of the Housing Code, which provides that pursuant to a court premises may be stored in the converted and (or) state rescheduled if it does not infringe the rights and lawful interests of citizens and poses no threat to life or health, do not recommend it. Why? As the litigation, the application of the rate impossible without all of the same individual receiving the consent of the owner of each house. In addition, paragraph 1.7.2 Resolution Gosstroi on September 27, 2003 № 170 "On approval of rules and standards of technical operation of the housing stock" is not allowed renovations and alterations to houses and apartments, leading to disruption or destruction of the strength of supporting structures of the building, in violation of engineering systems and (or) is installed on its equipment. "

"Do not try to outsmart their neighbors, not start of the redevelopment or refurbishment without issuing a full package of documents, since there will always be" well-wisher, "who initiated the hearing may occur, and to enlist the support of the court in a case where you're wrong - is more expensive than to agree on the desired redevelopment, - said the lawyer Oleg Sukhov. - What is important, of the Administrative Code provides for the imposition of an administrative fine on citizens in the amount of two thousand rubles for unauthorized alterations. Moreover, this penalty does not exempt from the obligation to return the apartment to its original state, and avoidance of such correcting the error involves the imposition of a fine of one to two thousand rubles a day. Follow the law, and you do not have to pay twice for illegal re-planning. "

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