How to sell the apartment after redevelopment

13.11.2010 17:30
Today the market offers many apartments with interesting and original layouts. Often the interior "refinements" are portrayed as good and increase the price of the apartment. But only if they are legitimate. Apartment can not be sold piecemeal redevelopment. Yet whether or not immediately give up buying an interesting apartment?

Such apartments, it should be noted, quite a lot on the market. Period of massive repairs in the style of "A does not carry this unnecessary for us to the wall? A bear! "Led to that apartment with the" original "planning decisions, the most optimistic estimates, make up about ten percent of the market. Assessment Sergei Kuskov, director of the Moscow real estate investment center, is now about 10-15% of the apartments offered for the market, sold after redevelopment. And, if we consider the segment of apartments with a large area, the proportion of "remodeled" apartment buildings may be even higher and amounts to almost 50%. Here, however, is much more institutionalized and redevelopment is consistent with the authorities.

Thin red line
The most problematic are the apartments, alterations in which to agree, not likely to succeed. Most often these are small one-bedroom apartment, whose owners have decided to remake itself into a studio snesya several partitions. Residential area at the same time combined with the non-residential, and it is agreed by the new rules is almost impossible. People live for years in these apartments, and do not legitimize redevelopment. And, of course, faced with a serious problem when it becomes necessary to sell the apartment.

For processing the transaction requires the following list of documents received at the BTI: floor plan, various references and explication of the room. The procedure now is that for the issuance of certificates of all owners have to necessarily call from BTI technique for the measurement of the apartment before the next re-planning or real estate transaction. That's just as on the plan and there are those most notorious "red lines", where technology BTI notes the discrepancy apartment plan that is stored in the archive.

The red lines can be removed from the floor plan in two ways: either to agree on the layout, or return all facilities in original condition. And then again, cause vehicle BTI. Registration deals with premises where there are "red lines", is impossible.

What if the documents "all-clear", and in the apartment there is redevelopment? Such a case may occur if a technician BTI "agree", and issued the documents that shows you the owner of the apartment, everything is fine, no red line no. We must remember that getting a flat, you just count on some serious cash infusion in the trial, which will need to legislate in the apartment made architectural changes.

Note that full responsibility after the transaction will have a new owner of the apartment, even if the redevelopment was done to him. Liability may be small and the administrative penalty in the amount of USD 2000-2500. As well as responsibilities to coordinate all documents changes made (unauthorized alterations only agreed in court). And it may be so that the court will compel to return the apartment the previous form, if not reconcile the differences (and this is the most expensive option out of the situation). Moreover, if, for example, impaired strength, stability, load-bearing structure of the building and destruction may happen (or already happened), or difficult access to utilities and tripping device, the court may require and pay for the damage.

There is also an option: on paper, all consistent layout of the apartment, but after buying the owner goes to the BTI, and there already appears that in the archives of a completely different layout. That is, sellers are simply forged documents BTI. Here, too, is only one way - in court, and the outcome of the proceedings may be far from positive for the new owner.

Difficult, but possible
If, however, still want to buy "original" flat, keep in mind that "float" may be illegal in any redevelopment of the processes associated with updating, privatization, obtaining loans secured by real estate and the registration of any transactions with real estate, including including purchase and sale.

There is another point: after redevelopment the total area of the apartment must be the same as before, otherwise the FRS can not resolve the transaction. Other changes may not become an obstacle to signing the contract.

Options to execute documents after buying two: either do it yourself, which is very difficult, or to entrust these efforts intermediary firms, then it will obviously faster, but for these services will also have to pay well. In any case, the process of harmonization of all documents will take from 1 to 6 months, depending on the complexity of the repair. Senior Counsel Est-a-Tet Anastasia Petrukhin estimated time: "If only affect non-bearing structures, it is likely it will be classified as a redevelopment of the sketch (reinstall). It is characterized by a simplified procedure coordination, and it does not need to carry out the development of project documentation, the coordination is carried out by a painted sketch of redevelopment. Terms of agreement on the design of redevelopment will be 1-2 months. If the apartment is carried out more extensive reconstruction, for example, raised capital (bearing) walls, enlarged bathroom at the expense of the corridor with the installation on the former corridor plumbing, then the redevelopment requires the development and coordination of project documentation. Terms of agreement redevelopment project ranging from 2 to 6 months. "

Price issue
Obviously, the apartments with illegitimacy plan - a product with a serious flaw. And if so, the seller must provide a discount. Size can be defined, focusing on the costs of coordination of redevelopment, as well as the risks described above. It is best to hold preliminary consultations with experts, how much will cost alterations. The total cost of matching repair, in turn, is in the range of 20-30 to a few hundred thousand.

"If we talk about sanctions, the most expensive, of course, is the need to return the apartment in the same form that the cost could exceed any penalties. Although sometimes fines may also be sufficiently large to reach several hundred thousand rubles. Therefore it is better to contact lawyers even before the redesign was done to avoid unnecessary problems "- advises CEO Legal Center Gratian and Guguchchio Svetlana Yakimova.
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