Rus Articles Journal

Re-planning without fear and reproach of

Until recently the majority of re-plannings of the Moscow apartments was carried out without obtaining any permissions. On that there were reasons. In - the first, on obtaining permission left from six months to one year, in - the second, the cost of project documentation made from six hundred to six thousand dollars. Legalization of the carried-out changes was required only in case of transactions with housing with the changed planning.

With entry into force on March 1, 2005 of the new Housing code of the Russian Federation the situation changed a little.

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In - the first, provided obligatory certification of all houses. In other words, through some time supervisory authorities will knows of unauthorized re-planning.

In - the second, owners and employers of apartments in which unauthorized re-planning or re-equipment was made can face serious prosecution under the law.

Navayal? Model back

So in article 29 ZhK Russian Federation is said that “the owner of premises which were self-willedally reorganized and converted or the employer of such premises under the contract of social hiring is obliged to bring such premises to a former state in reasonable time and as it should be which is established by the body which is carrying out coordination“.

If the owner does not execute it decisions, then the supervisory authority appeals to court which makes the decision:

  1. concerning the owner about sale from the public auction of such premises with payment to the owner of the means obtained from sale of such premises minus expenses on execution of the judgment with assignment on the new owner of such premises of an obligation for its reduction in a former state;
  2. concerning the employer of such premises under the contract of social hiring on cancellation of the given contract with assignment for the owner of such premises who is the lessor under the specified contract, an obligation for reduction of such premises in a former state“.
the Possibility of preservation of the room is provided by

in the re-planned or reorganized state only on the basis of a judgment. That is the owner of the re-planned apartment has to or to appeal to court for recognition of legality of re-planning or to submit the counterclaim in response to the claim of supervisory authorities.

Not everything is lost by

Fortunately for Muscovites, the Law of Moscow No. 73 “About an order of a reorganization of rooms in houses in the territory of the city of Moscow“, come into force along with the new Housing code works in the capital. According to this law the order of obtaining permission to a reorganization or re-planning in Moscow significantly became simpler. In particular, the service of a uniform window of Moszhilinspektion in which and it is necessary to address for obtaining permission to re-planning works.

Here is how the deputy chief of inspectorate for TsAO reorganization Mikhail Kalinov commented on operation of the new law:

- We act under the Resolution of the government of Moscow No. 73 therefore the decision on registration of already made re-planning is made by Moszhilinspektion according to the petition from citizens. As the new law directly does not regulate a re-planning registration order a post factum, we demand to enclose to this application the same documents which are required for obtaining permission to work on a reorganization of premises.

to

to register re-planning, it is necessary to present to Moszhilinspektion:

  1. of the Copy of documents on the rights for the occupied rooms.
  2. Statement for a reorganization (re-planning) of rooms.
  3. of the Copy of floor-by-floor plans and an explication of the reorganized (re-planned) rooms, received in BTI.
  4. the Sketch or the project of the made changes.
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As for the last point, in the Resolution No. 73 stipulated the list of those works which can be done on the basis of the sketch, and what require the project.

the List of the forbidden changes at a reorganization and re-planning of premises

is not allowed by

a reorganization of rooms if:

  • service conditions of the house and accommodation of citizens worsen, access to engineering communications and the switching-off devices is at a loss;
  • the reorganized room or rooms, adjacent to it, can be recognized by
  • unsuitable for accommodation;
  • subsidiary floor area at the expense of the area of living rooms increases, and their status does not change in accordance with the established procedure;
  • by
  • breaks durability and stability of the bearing designs of the building or there can be their destruction;
  • the disconnecting or control devices on all-brownies (or all-room) engineering networks are installed by
  • , and use of them exerts impact on consumption of resources in adjacent rooms;
  • by
  • provide elimination, reduction of section of channels of natural ventilation;
  • loads of the bearing designs over admissible on the project increase at the device of couplers in floors, replacement of partitions, placement of the additional equipment.

it is not allowed by li in houses of standard construction:

to arrange to
  • apertures, to cut down niches, to punch openings in walls - poles, walls - diaphragms and columns (racks, columns), and also in the locations of communications between prefabricated elements;
  • to do
  • shtrab for the hidden electrical wiring and pipelines in horizontal seams and under internal wall panels, and also in wall panels and plates of overlappings under placement of an electrical wiring and distributing of pipelines;
  • to arrange to
  • additional apertures in wall panels of rooms, adjacent on height, without coordination with the design organization - the author of the project of a house or its assignee, and at their absence - without additional examination.

After obtaining the decision of Moszhilinspektion on registration of re-planning needs to address in BTI for drawing up the new floor-by-floor plan and an explication again then to present this plan to office of the Federal Registration Service for modification of the register.

Reception MOSZhILINSPEKTsII

In the Moscow region permission to re-planning is given by the interdepartmental commission of administration of the area or city or management of housing and communal services. If local authorities could not help, then it is possible to contact in the State housing inspectorate of the Moscow region the address: 141400, Moscow region, Khimki, Leningradskaya St., 1. Reception phone: (095) 730 - 80 - 51. Fax: (095) 730 - 80 - 39

Types and basis for their carrying out

of
of Re-planning
No. Types of works Basis
1. Dismantling (full, partial) not bearing partitions (excepting interroom) the Sketch
2. The device of apertures in not bearing partitions (excepting interroom) the Sketch
3. The device of apertures in bearing walls and interroom partitions (at association of rooms across) the Project
4. The device of apertures in overlappings (at association of rooms down) the Project
5. Device of internal ladders Project
6. Seal of doorways in partitions and not bearing walls the Sketch
7. The device of partitions without increase in loads of overlappings the Sketch
8. The device of partitions (with increase in loadings) and bearing walls the Project
9. Replacement (installation of additional) of the engineering equipment (which is not attracting re-equipment on all building) the Sketch
10. Change of a design of floors (with increase in loadings) the Project


of the Sketch
of Re-equipment
No. Types of works the Basis
1. Replacement of the processing, engineering and sanitary equipment (under a new functional purpose of rooms) the Project
2. Device of bathrooms (toilets, bathrooms) and kitchens Project
3. Shift of heating (heating), sanitary and gas devices (excepting transfer of radiators in the glazed loggias and balconies) the Project
4. Installation of household electric stoves instead of gas stoves and the kitchen centers the Project
5. The replacement and/or installation of the additional engineering equipment increasing power - and/or water consumption with replacement existing or laying of the additional bringing networks (excepting the device of heated floors from all-house systems of water supply and heating) the Project
6. Dismantle of the engineering equipment and/or the bringing networks on condition of preservation of the existing struts of cold and hot water supply and the sewerage

the Sketch can be drawn with directly on the plan of BTI. Red ink (handle) it should be noted the demolished partitions, green - to specify constructed.

In the same case if the project is required, it the licensed organization has to execute

. The same organization has to carry out coordination of this project in all instances, including Mosgosekspertiza and the organization designing the house in which the apartment is located (or the successor of this organization).

on the basis of these documents of Moszhilinspektion within 20 working days makes the decision on registration of re-planning or on refusal.

are also stipulated by

of the Cause of failure in the Resolution No. 73.