Redevelopment of apartment: you can not do something, even if you really want





09.03.2011 11:59
Articles about real estate | Redevelopment of apartment: you can not do something, even if you really want MPs to toughen the penalties for illegal alterations to flats by making changes to the Criminal Code.

- Finally - tell everyone who lives in an apartment house, who once shook from the heavy blows in the brick or block walls, ceilings for someone else's apartment, where movable walls and remove load-bearing structures.

- From now on this self-will of our home and we will be protected by law. If the next door knock the wall, the first thing to do - tell the police - advises the Deputy Chief of the Kharkiv branch of the State Inspectorate of Architecture and Construction Supervision Sergei Limanskii. - Next, write a letter addressed to balansoderzhatelya apartment building. This may be a "Zhilkomservis" or house-building factory.

You must then apply to the Gask and file suit in district court. We are in cases of offenses fix such facts brought to administrative responsibility, impose penalties. If redevelopment is already done, then without a court order no one can be destroyed. Every man there his civil rights and nobody has the right without judicial decisions and executive service to enter the house and something to destroy. Today we are on the threshold of a new legislative framework, - says Sergey. - In parallel with respect of alterations made to the amendments to the Law "On regulation of urban development and the Penal Code.

What can not be done, even if you really want


- Toughened penalties for illegal lay-out and even criminal liability in the event that will be inflicted material damage in large-scale redevelopment or threatens the lives of others - says lawyer Kharkov law firm Pravda Svetlana Artemenko. - Load-bearing walls can not be touched, even if you want to make a decorative niche or place, let us assume, for the microwave. - Any invasion of the supporting structure is a threat to the integrity of the building. When you change the layout of the apartment under any circumstances can not be touched bearing walls, ventilation and soundproofing floors.

It is forbidden to increase the area of toilets and bathrooms at the expense of accommodation, transfer them to other areas. That means you can make a table with chairs, but not to increase the bathroom, we assume, due to the kitchen. Nor can we dismantle the balcony blocks, loggias and balconies combine with other spaces by sorting out the external walls, whether or not they are carrying. Also forbidden to carry on the loggia and balconies radiators, combine flat vertical with full or even partial dismantling of floors, remove acoustic insulating ground floors, dismantle vents and ducts.

To the list of prohibited actions include, and what has long ceased to be banned. For example, you can not dig a cellar, build an extension to the apartments, bred on the ground floors of apartment buildings, and install air-conditioners and satellite dishes on facades of buildings facing the street.

How so? - Asks a reader. - It is impossible and, at the same time, all you can. But in light of current legislative changes will have some time to think before you begin a serious restructuring in his own apartment.

Now for redevelopment, if this complicates the use of home (for example, from combining apartments decreases staircase), facing a fine from 1700 to 4250 hryvnia. If as a result of redevelopment harmed the health of others, provided for imprisonment of up to three years. For the replay - from 3 to 8 years. If as a result of redevelopment is the victim or the material damage in a large scale (more than 17 000 hrn.) - Prison from 5 to 12 years.

What can I do with my apartment?


Can be increased by combining the lavatory and a bathroom. Here's just a question arises: why? One of the major construction achievements of the Soviet government was just division thereof. It is possible, under the current regulations of the law, to attach part of the corridor, increase area of living rooms through the corridors and ancillary facilities, to arrange the room and adjacent kitchen kitchen-dining room, making openings in walls (if they are not carriers) between the various rooms, demolish stoves and fireplaces, demolish loft and cupboards and pantry to increase the living space, glass balconies and loggias. But even these measures allowed under the old and worn-out housing stock represented a serious challenge for multi-family homes.

Given that Parliament amended the Criminal Code of Ukraine, denoting retributive instrument, the question arises: retribution will overtake the violator has since had an accident? That is, should the building collapse, resulting in losses to be counted, and the offender shall bear the responsibility? But the victim is unlikely from this will be easier. As doctors say, is better than cure can only be prevention. Wiser to find ways to prevent illegal alterations, and this should be clearly defined procedure for obtaining permission for it.

Deputies of Kharkiv City Council took the decision on February 23. At the fifth session of the Kharkiv City Council approved the procedure of redevelopment and renovation of residential buildings and dwellings in the city of Kharkiv. Looking at the list of phased actions, not everyone wants to do the layout, and even more illegal. Perhaps even more expensive to manage.

Memo to perform


For permission to redevelop a residential building or premises owner must apply to the mayor of Kharkiv. After which a statement is sent to the district administration.

Along with the application must be submitted the following documents: copy of passport, certificate of family members, a copy of documents certifying the ownership of housing, a copy of the warrant (for tenants of non-privatized housing), technical certificate, which issued the Kharkov City Bureau of Technical Inventory.

In addition, the necessary technical advice on the possibility of redevelopment, a project to redevelop, harmonization of sanitary and fire supervision and management of urban development and architecture of the Kharkiv City Council and the same management Hogan.

It is also necessary to match the respective organizations, provided that the redevelopment will affect the engineering equipment. For example, the heating system.

In addition, the agreement requires the copyright oversight contract on the export of building materials, household garbage with a receipt of payment (for owners of private housing) and consent to the improvement of co-owners of housing and balansoderzhatelya.

After that the application should be considered the district administration for 20 days.

In considering the application the applicant must provide access to the premises for members balansoderzhatelya. According to the results of inspection shall be drawn about the compliance of existing planning data sheet.

After considering the statements the administration is preparing a draft decision to the Executive Committee of the Kharkiv City Council. The project must be endorsed by the head of the department of district administration, the Chief of Legal Department, an authorized representative of the Department of Housing and the head of district administration.

An endorsed the draft decision sent to the Department of Urban Planning and Architecture. There, within ten days of preparing block the project, which filed for consideration by the Executive Committee of the Kharkiv City Council.

Decision of the Executive Committee and is the basis for redevelopment.

C legally and from a human point of view

- We must consider not only changes in the Penal Code, but also to remember what the norms prescribed in the Housing Code, - the lawyer of one of the Kharkiv Human Rights Group Elena Alekseenko. - In art. 275 of the Criminal Code on criminal responsibility laid down earlier, said: "Disruption in the design or construction rules for the safe operation of buildings and structures, if it posed a threat to human life or the onset of other serious consequences or harm the health of the victim - punishable by a fine up to 50 non-taxable minimum incomes of citizens (850 grn.), or correctional labor for up to two years, or restraint of liberty for up to three years.

Currently, the responsibility tightened. And rightly so. Can not be the health and lives of people assessed in such terms. But there are housing code. In the LCD Ukrainian art. 150 with amendments of 01.07.2010, said: "Every citizen has the right to sell their privatized apartments give it, bequeath, lease (in the manner prescribed by law), exchange, mortgage, enter into an agreement not prohibited by law." But if the apartment found to be redevelopment, the citizen can not just do it.

Will need to bring everything back into the project status. However, in art. 100 LCD Ukraine said that "... the improvement and redevelopment of residential homes and premises is carried out to improve their accomplishment and the transformation of communal apartments in separate apartments in the family."

To provide a reasoned legal decision, it should be versatile approach to the problem, considering all the details - says the lawyer. - Because someone wants to design delights by structural and safety of neighbors, and someone really needs to be an elementary reconfiguration to create normal living conditions. And in fact, and in another case, the only way - a legitimate redevelopment.

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