Privatization of the attic above the apartment - practical advice

It’s unlikely that anyone doesn’t dream of a cozy attic, which is located right under the roof of your house.

Foreign photographs and films paint us extraordinary landscapes that open from apartments that are located under the very roof, and an inexperienced citizen of our country dreams of settling in such a place himself. Usually such apartments are called penthouses and, by the way, they are not at all common in central Russia. On the contrary, such buildings are very popular abroad, and in our latitudes only elite cottages or multi-storey complexes can boast of such buildings.

Of course, every citizen wants to significantly improve his living conditions, which is why he resorts to seizing some premises that do not belong to him.

Is it possible to privatize?

Many houses built in our country have an attic. Some citizens, dreaming of making their dream of a two-story building come true, are going to buy the attic and, making it part of their property, create an attic out of it.

• Yes, if you live on the top floor and there is an attic above you.
• But how can this actually be done in accordance with the law and will such an action be legal at all?
• We will tell you about this in our article, and also give some tips that will help you bring your cherished goal of privatizing your attic closer to reality.

When is privatization impossible?

There are certain conditions under which the privatization of the attic above the apartment can be carried out. But there are also some factors that influence the fact that the attic can never become part of your property.

So, privatization of the attic above the apartment is impossible if it is already someone’s property . Then, in accordance with the Civil Code, you do not have the right to apply for privatization; you can only ask the owner for the option of renting or purchasing an attic .

Unfortunately, a situation that often occurs is that real estate, which seems to be in an ownerless state, turns out to already belong to someone by right of ownership , they have simply forgotten about it.

It is very rare that a management company decides to transfer communications data in order to free up space for privatization - this is actually a difficult and very dangerous task. Since craftsmen must have access to wires and pipes around the clock.

Agree, it probably won’t be convenient for you to receive strange guests, and having communications in your apartment that are responsible for the entire residential entrance also doesn’t fit into your plans. Therefore, in this case, appropriating the attic will also not work.

1. Another reason why the attic cannot be privatized is the disagreement of the residents .
2. In fact, the attic is a common property for which the management company , and by right of ownership it equally belongs to all residents.
3. Therefore, you can gather all the residents of the house or entrance and ask them to sign and leave signatures so that the attic becomes your property.
4. When you reach 100%, you can begin privatization activities.
5. But if there are opponents to this idea, you do not have the right to carry out such actions .

Also, the attic cannot be privatized if it is in disrepair . Then, unfortunately, neither you nor anyone else will be able to privatize this property until it is brought into ideal condition, which would not pose a threat to life.

What options are there?

You can use the attic only if you rent or privatize the premises . Since rent represents the temporary nature of ownership and use of real estate, we will not consider this option. But if you want not only to use, but also to own and dispose of the attic, then we can only talk about privatization.

• You have two options on how to privatize the attic above your apartment - the first case is to negotiate with the management company .
• If the attic does not have any communications and is not in disrepair, the management company, which during the development reserved the right to use the residential premises, may allow you to carry out the privatization procedure.
• But often, the management company does not have the right to dispose of such real estate, since the shared construction agreement, and even the charter of the management company, states that the residents have equal rights to the ownerless real estate of the house.

Remember! Before you begin your privatization actions, you must obtain the agreement of everyone inhabiting this building.

We invite you to familiarize yourself with information about where to start privatization, what the cost is, where to go for registration and in what case a citizen may be denied privatization.

So, in order for you to become the rightful owner of the attic space, you need:

1. Conduct a house-wide meeting of residents;
2. Ask them to sell;
3. When you receive one hundred percent for engaging in privatization, you can begin collecting documents;
4. You must provide the documents both to the management company for review, and to the city administration, namely to the privatization committee;
5. Wait for the result of the review;
6. If the answer is positive, privatize the property in Rosreestr.

Do not forget! Before you begin the complex procedure of collecting documents, make sure that this living space is not actually occupied by anyone, otherwise all your efforts will be in vain.

Documents can be divided into two large groups. First of all, to privatize an attic space you will need documents from various authorities, but we will talk about them later and in a separate topic. You will also need papers for the apartment , which you already have on hand. These include the following papers:

Cadastral plan of your apartment;

Technical plan of your living space;

Legal documents, which include:

• certificate of ownership in your name or the name of one of your household members;
• deed of gift;
• documents confirming the right to inherit this residential premises.

Photocopy of your passport.

Obtaining neighbors' consent

1. Obtaining consent from neighbors is the most important point in the matter of privatization .
2. After all, according to all the rules, the attic is a common house property , if no one managed to privatize it much earlier.
3. Conduct a survey by inviting all residents to a meeting, or independently go around all the apartments in the building and collect signatures.
4. If all 100% of those living in the house voted for the fact that they are not against you taking up privatization, feel free to start collecting documents, but if some abstained, did not vote, or even thought that you were neglecting the rights of other residents, you cannot apply to the attic space.

Appeal to authorities

In addition to the documents that, one way or another, you already have in your hands, you need to visit a number of authorities and collect documents required for privatization.

1. So, you need to go to Rospotrebnadzor and get a certificate stating that this premises and its use will not pose a danger to the residents of the house.
2. The next point of your visit is the Main Directorate of the Ministry of Emergency Situations . There they must check or simply issue a certificate stating that this structure is safe in technical terms.
3. The architectural department must approve your plan for connecting the attic to the apartment or simply joining it into a single property.
4. The gas inspectorate must also issue permission for connection and confirm that in this way the most important communications will be open to access.
5. Contact an architect , who should draw up a project for your new home with the condition of adding an attic.

These documents are submitted to the housing committee , where in the end you should receive a final conclusion, which will determine whether privatization is possible or not.

If possible, you contact the city administration and there you carry out the final stages of this action in the form of obtaining documents and registration in Rosreestr .

• You can spend from one and a half to three thousand rubles on the design of an architectural plan, and another from twenty to forty thousand on the design of an attic space as a property through privatization.
• Unfortunately, uniform tariffs and fees for collecting documents and the necessary fees have not been established anywhere.
• Now you know how to register an attic as your property, and having correctly calculated the forces and actions, you can begin this procedure today.

Privatization of the attic above the apartment - 2023, prices, sample meeting

The attic is considered a non-residential space, which is located above the top floor of an apartment building. Usually the footage of its space is similar to the square footage of the apartment above it, so there are often those who want to get attic space for their use.

Every owner of the apartment above which he is located has the right to appropriate such square meters. To do this, you can choose one of the options, namely: use the attic space as a tenant or register it as your own.

However, assigning a non-residential square footage above your apartment has many nuances that often complicate the process of bringing your plans to life. Thus, the presence of an HOA or condominium association in the house and how many persons are on the board of the house are of significant importance.

Also decisive is whether members of the cooperative have formal rights to partial ownership or land under a specific high-rise building. Therefore, before you begin the process of appropriating an attic space, you should prepare in advance for the fact that this will take a lot of time and money.

The attic is common home property, which all owners of apartments located in a multi-storey building have the right to dispose of. Therefore, the privatization of the attic above the apartment has many pitfalls and difficulties, due to which the registration process becomes more complicated, and sometimes even ends in vain.

Before going to the relevant authorities to privatize the attic, it is necessary to take into account possible obstacles in advance and prepare options for eliminating them. For these purposes, it is best to seek professional legal advice; this is the only way to avoid unnecessary financial expenses, as well as save your nerves and personal time.

Mentions in the law

There have been no significant changes in the legislation regarding the rental and privatization of residential and non-residential premises for 2023.

Thus, based on Article 36, all owners of an apartment building have equal rights to dispose of the following square meters of the building:

• premises that do not belong to apartments (landing, elevator, stairs, basement, attic, corridors, etc.);
• technical floors;
• the land plot on which the house is built, as well as landscaping and landscaping areas.

From the above, it should be noted that in order to assign the total area of ​​a multi-storey building in which several apartment owners live, it is necessary to obtain the written consent of each of them.

The decision regarding reducing the square footage of common property is made at a special meeting of owners.

You can resort to privatization of any non-residential premises in an apartment building only with the consent of the neighbors and only if this does not further violate their legitimate interests, for example, in the case of a radical redevelopment or the opening of a noisy establishment in the attic area.

Privatization of the attic above the apartment without holding a meeting of the owners and obtaining their permission will be illegal, and for such actions you will have to bear administrative responsibility, implying payment of a fine in the amount established by the law of the Russian Federation

When it's possible

The assignment of attic space is possible only for those residents of an apartment building whose apartment is on the top floor. Also, only apartment owners can apply for this non-residential area.

In addition, you can privatize the attic only if:

• it is no longer part of someone's property;
• its premises are not a place where communication connections intersect (electrical wiring, water or gas pipes);
• the premises are in perfect condition;
• all residents and apartment owners give approval for privatization.

In the first case, when the attic is already someone's property, you can claim it only if no one uses it. However, for this it is necessary to negotiate with its owner. In this situation, there are two possible outcomes: sign a lease agreement or buy the premises from the owner.

If the attic is a place where communications accumulate, then it will not be possible to appropriate it. In this case, privatization is feasible only if the company managing the house gives the go-ahead for the transfer of communications located in the attic. However, this happens quite rarely, since most often this kind of redevelopment poses a danger to residents or is impossible.

According to the law, it is prohibited to give for use an attic space that is in disrepair. It will be possible to appropriate the premises only after major renovations have been carried out in it; this will have to be negotiated with the management company and the residents of the house.

Privatization and denationalization are similar concepts; in particular, privatization, as a paid or free transfer of state property into private property, is part of a broader concept - denationalization.

You can find out what legislative acts regulate the process of privatization of residential premises here.

Residents' rights

All residents of an apartment building who are the owners of their apartments have the right to use the common property of the building.

These include:

• adjoining land plots;
• basements and technical rooms;
• communications;
• elevators, stairs and landings;
• roofs and attics;
• storage rooms not located on the territory of the apartments, etc.

The procedure for such use is provided for by the Housing Civil Code, as well as Art. 36 part 2 of the Housing Code of the Russian Federation.

Thus, in relation to the above property, the owners have the following powers:

• temporarily use;
• dispose of;
• own.

As for the order, the rights here are limited by Article 290 of the Civil Code of the Russian Federation: none of the apartment owners can transfer their rights to own a particular non-residential area to third parties. An exception is the sale of an apartment, with which the new owner receives permission to use the common area and property of the house.

Based on the Housing Code, the transfer of rights to use non-residential premises to third parties is permitted only if it is leased. Thus, in the future, a privatized attic can be rented out to people who are not related to a specific apartment building and receive funds for it.

Requested documents

To appropriate attic non-residential premises, the consent of all owners alone will not be enough. The privatization process is very difficult and requires a lot of documentation.

The collection of documents can be divided into two stages: visiting all the necessary authorities and preparing documents for the apartment.

In the first case, the package of papers consists of:

• permission for attic conversion;
• act on the satisfactory condition of the technical premises;
• papers on inspection of the Ministry of Emergency Situations and the civil defense department (if the attic is equipped for non-residential premises);
• a certificate stating that the attic does not belong to anyone, that is, it does not have an owner or tenant;
• extract from the technical passport for the house;
• house plan;
• the layout of the attic itself.

As for the certificate from the BTI, to obtain it it is necessary to call an employee of the organization to your home to take measurements of the privatized technical premises. This should be done in advance, since it may take about a month for a BTI employee to arrive.

The second package of documents consists of the following papers:

• technical plan of the apartment above which there is an attic;
• cadastral plan;
• documents establishing ownership (certificate);
• deed of gift or other documents confirming the right to inherit a specific apartment;
• owner's passport and its copy.

All documentation must be submitted to the relevant authorities in two copies: copies certified by the owner and originals.

How to privatize an attic above an apartment

To privatize an attic, you will need at least two written consents from other owners who have the right to use this technical space. If the apartment building is municipal and there are no privatized apartments in it, then such permission is not necessary.

If several owners apply for the attic at once, then most likely you will have to organize an HOA and resort to the process of registering shared ownership of this technical premises.

If the attic space is an intersection of communications, then to obtain permission to use it you will have to contact the organization on whose balance sheet the apartment building is located.

This kind of project must be coordinated with the State Construction Committee, otherwise problems may arise.

Upon completion of the complete reconstruction of the attic space, the next step will be to call the BTI employees. They will carry out an inspection and inventory, after which the corresponding registration certificate will be issued.

Meeting and consent of neighbors

To obtain consent from residents to use the attic space, a general meeting should be held.

A sample meeting is as follows:

1. Set a collection date in advance by posting a notice on the entrance door or by personally notifying all owners.
2. Gather your neighbors and tell them about your plans for the attic space so that they know that their legal rights will not be violated.
3. Carry out an interview.
4. Give an act of consent to the assignment of the attic to each owner for signature.

After signing the act, you can begin collecting documents for privatization. After which, all papers are submitted to the management organization in order to consider the application and obtain permission to continue the process of assigning additional square meters.

Additional measures

The attic space located above a residential apartment can either be privatized, rented, or taken for free use. To do this, it is necessary to fulfill a number of actions and requirements provided by law.

Option with connection

To obtain an attic for rent or free use, it is enough to obtain permission from 2-3 owners and have it notarized. If the house is municipal, then consent for use must be obtained from the organization on whose balance sheet it is, or from utility services and BTI.

The complete process for such an assignment is as follows:

• obtaining a written agreement for the rental or free use of the entire attic or part of it;
• signing a lease agreement with state registration;
• refurbishment of premises;
• obtaining an act from the BTI on the reconstruction of the attic and its proper condition;
• recording changes to the premises in the registration certificate of the house;
• making any changes to the attic reconstruction in the lease agreement.

Obtaining attic space for rent will take less time and will be less expensive than its privatization. The fundamental factor for obtaining permission to use a common technical room is the existence of rights to the property of the apartment located under the attic.

Cost of the procedure

Getting an attic space for use is a tempting opportunity for many, because who doesn’t dream of a personal attic on a mountain. However, the full cost of such pleasure will please few people.

Cash costs will haunt the future owner at every stage of registration. However, prices depend on many factors and nuances.

The first financial loss can await the person applying for it at the very initial stage of privatization - obtaining consent from the owners. Since the attic space is a common area, residents of the house may demand compensation for its loss.

Most often, these costs are unofficial. The funds have to be given to neighbors who are categorical in their decision so that they sign the consent.

This will be followed by payment for technical expertise, which varies from 30 to 60 thousand rubles . You will also have to pay a considerable amount for remodeling the premises and calling the BTI again. In addition, you will need to pay the cost of services from other authorities, which often deliberately delay the issuance of permits and acts in order to obtain their own benefit.

After the completion of the privatization process, renovations to the premises will follow. The amount that will have to be spent on this depends on the owner himself and his plans for the area received for use.

Where to go

Obtaining consent from neighbors is perhaps the simplest and most understandable part of attic privatization. Further, questions always arise regarding where to turn now? What is the next step? To obtain permission to redevelop and reconstruct a technical attic space, you should contact the BTI and the services whose communications are located in it.

The draft of the new plan itself can be ordered:

• from a specialist with the appropriate license;
• in an architectural bureau.

Having collected all the documents for the apartment, signed the protocol on the consent of the residents and the lease agreement, and also received a sketch for the new attic project, you should contact the administration of the authorities responsible for:

• architecture of a specific area;
• urban planning.

After receiving approval from these authorities, reconstruction can begin. Upon completion of the work, it is necessary to call representatives of these services to draw up a report on the proper condition of the attic. Next - a second visit to the BTI to obtain a cadastral and technical passport for the updated premises.

• Assistance in privatizing an apartment is provided by intermediaries who require a power of attorney from the interested party.
• Whether privatization of a cooperative apartment is necessary can be found out here.
• Details of the provisions of the law on the privatization of land plots can be found here.

Privatization of the attic above the apartment

The uniformity of modern apartments is sometimes depressing, so the thought of a two-story apartment creeps into the heads of even the most modest dreamers. We hasten to please you - this is possible not only theoretically, but also in practice. Moreover, it is not necessary to buy an entire apartment on the floor above. If you live on the top floor, you can expand your possessions by privatizing the attic.

Is it realistic to privatize the attic?

Privatization of an attic is a very real, although not an ordinary procedure for most citizens. The attic is in common ownership, as are stairwells and common corridors, i.e. in fact, they do not belong to anyone. Therefore, it can be privatized, in other words, made private property.

Despite the fact that in 70% of cases the attic does not belong to anyone (it is not private property and does not belong to the management company), with the beginning of the privatization procedure by one owner, many residents begin to claim their rights to this object.

In what cases can you not register an attic as your property?

As it turned out, the attic can become a privatized part of a residential apartment, but not in all cases. There are factors that prevent this event, so below is a list of cases in which the attic cannot be designed as part of your own apartment:

1. The premises already belong to someone by right of ownership. It would seem that this is obvious, but there are often situations in which it is quite difficult to understand that the attic belongs to someone at all. Even if the premises are not used, it cannot be re-registered as your own on this basis. In this situation, you can rent a room if the attic space is so important to you;
2. Often the attic is used as a technical room in which communications for the entire house or entrance are laid. Of course, in this case it is impossible to register such an area as property. Electricity, a telecommunications station, elevator car control - all this can be located in the attic for completely legal reasons, for example, according to a technical plan. Of course, no one will tolerate such serious communications. The management company has the right to make such a decision, but for this it is necessary to visit many more authorities;
3. Residents' rights are another reason. If the residents of the entrance do not agree with the transfer of the attic space to someone else’s ownership, they will have to come to terms with this fact, and here’s why: the attic belongs to a common building space and all apartment owners have the right of ownership to it equally. In order to privatize the attic, the consent of all apartment owners will be required, otherwise you can forget about the attic. By the way, it will not be possible to challenge the refusal in court in this case, because residents exercise their right, and not the obligation, to give consent/disagreement to the privatization of a common attic by one person;
4. If the attic is located under the roof of a house whose roof slope is 55 degrees or more, then you are more likely to be denied privatization of such a premises;
5. The attic is subject to the general rule that it is impossible to privatize real estate that is in disrepair.

Bases and design options

So, you can fully use the attic space only after registering it as a property. Most often, the attic is not privatized, i.e. does not belong to a private person. By privatizing the attic, the owner receives the right to dispose, own and use it at his own discretion.

Let's consider several options for privatizing the attic.

1. Option No. 1 – privatization with the help of a management company. If there are no grounds that prevent the privatization of the attic, for example, there are no communications in it, the attic is not in emergency condition, you need to contact the management company. As a rule, after the house is put into operation, the attic remains with the management company; it is often used as a technical room. Accordingly, if the attic is assigned to the management company, then it is she who has the right to give permission for privatization
2. Option No. 2 – general agreement. If it turns out that the management company did not reserve the right to use the attic, then the latter is common property, i.e. it is owned equally by all homeowners. In this case, you will have to obtain consent from all apartment owners, because and they have the right to use the attic. If there is written consent from all residents of the house, the process of privatization of the attic can be started.

Of course, to obtain ownership of the attic, a simple agreement of all residents of the house is not enough. The whole procedure goes through several stages:

1. First of all, you need to make sure that the attic does not belong to someone else.
2. Hold a meeting of homeowners. At the meeting, consider the issue of privatization, negotiate and formalize the consent of all owners in writing. This can be done by attaching to the minutes of the meeting a table with the names of all apartment owners with a signature in the “agree” or “disagree” column.
3. Collect documents for privatization of the attic.
4. The application for privatization of the attic, along with a package of documents, must be submitted to the management company, as well as to the department of the city administration, which deals with such issues;
5. Based on the results, a response will be given to your application. If the decision is positive, you need to obtain a certificate of ownership from Rosreestr.

As for documents, it will take time to receive some of them, because... you will have to contact different authorities. Here is an approximate minimum list of documents that need to be collected to privatize an attic:

• a copy of your own passport;
• document providing the basis for ownership of the apartment (deed of gift, certificate of ownership, etc.);
• documents for the apartment: cadastral plan, technical plan;
• consent from the residents of the house;
• certificate of safe use of the attic space (issued at the territorial office of Rospotrebnadzor);
• certificate of technical safety of the premises (issued by the Ministry of Emergency Situations, often a purely formal procedure);
• plan of an apartment combined with an attic (if such a combination is planned and possible, since, of course, the attic space is not always located directly above the apartment of the potential owner);
• permission from the gas inspectorate as confirmation that gas communications will be accessible to utilities.

You may have to obtain other documents during the registration process. For example, if the attic is directly connected to the apartment using a staircase, then this can be considered as a redevelopment, which means that a redevelopment project will be required, and permission from the housing estate will be required.

The entire package of documents is submitted to the Housing Inspectorate for review. Even if you have all the certificates on hand, this does not guarantee a 100% probability of the attic becoming property. If the housing estate makes a positive conclusion, then in order to finalize the ownership of the attic, you need to contact the city administration and Rosreestr, which will secure ownership by issuing a certificate.

The attic can be rented (this option, of course, is the simplest in terms of design, but not the most practical, since the lease is issued for a certain period). In this case, it is not necessary to obtain consent from all owners; it is enough to contact the municipal company for the appropriate permission.

About the cost

Privatization is free. However, in the case of registration of the attic as property. you will have to spend money on obtaining certificates, extracts and permits. It is extremely difficult to calculate the final exact cost of the entire procedure, because prices in different cities are not identical.

You will also have to fork out money to carry out various examinations, costs in the region of 5-20 thousand. It is possible that the residents of the house may demand compensation for the “kindly provided” attic space.

As a rule, these expenses are unofficial and, if desired, you can not pay them and challenge the claims in court. Redevelopment, design of the project, trips to the BTI will also cost 7-10 thousand rubles.

Privatization of the attic - above your apartment, in the property, apartment building, Moscow

• Few apartment buildings are complete without an attic.
• Residents whose apartments are located on the top floors often express a desire to privatize the attic for personal interests: for arranging a utility block, for expanding living space and other needs.
• You can take ownership of this premises - just study the legislative norms and collect the necessary documents.
• It is worth noting right away that to privatize the attic you will have to put in a lot of effort, patience and painstaking work, because the future owner may encounter various problems along the way, for example, dissatisfied neighbors.

Concept

Privatization is a process that refers to the alienation of the state from the ownership of municipal real estate and its transfer into private hands.

The program started working in Russia in 1991.

They tried many times to cancel the procedure and make it paid in 2023, however, no official changes followed.

Basic principles of the transfer of real estate into private ownership.

1. The right is provided free of charge, and payment may only be charged for processing documents or entering information into the Unified State Register (state fee).
2. You can only receive real estate from the state once in your entire life.
3. The transaction is concluded through a transfer of rights agreement, after which the owner is issued a housing certificate.
4. The main tenant of state housing has the right to refuse the procedure.
5. To conclude an agreement on the transfer of ownership, all registered members of the living space must give their consent.

Both ordinary citizens - individuals, legal entities, and individual entrepreneurs can participate in privatization.

Rights of house residents

Privatization of the attic space is an option available to any home owner, with only one caveat - the remaining residents must approve the decision.

Without the signature of the entrance or the entire house, it will be impossible to design the attic floor.

After receiving the right to the desired object, the tenant will be able to dispose of the attic at his own discretion, without any restrictions:

• reconstruct;
• live indoors;
• use as a utility room;
• rent out.

Selling an attic space, even one that is owned, is only possible together with your apartment.

Legislation

The privatization of the attic above the apartment is regulated by law, the main one of which is Federal Law No. 178 “On the privatization of state and municipal property.” It is here that the basic rules for obtaining ownership of public space, the cost of the service, the procedure and other important issues are indicated.

Other legislative acts where you can also find information on privatization include Law of the Russian Federation No. 1541-1 and the Housing Code of the Russian Federation.

Privatization of the attic

You can take possession of an attic space only in an apartment building, and only for those whose homes are located on the top floor.

At the same time, it is worth considering another factor - the apartment must be owned.

Fundamentally important points when decorating an attic:

• you cannot privatize premises that are owned by someone else;
• switchboard, water supply, gas supply and other communications are located outside the attic;
• the premises are in perfect condition, are not collapsing, do not need major repairs;
• all residents of the house agree to give the attic ownership to a specific person.

An attic, unlike an apartment or non-residential premises, is transferred under a transfer of rights agreement, only for a certain fee.

Free privatization of the attic floor is impossible by law.

To assign such a premises, if communications are located in it, it is necessary to organize their transfer, with the permission of the housing cooperative or the HOA. If the attic is in disrepair, it first needs to be repaired.

Procedure

Privatizing an attic is a labor-intensive and time-consuming task.

Designing it is half the battle; you need to obtain permission for reconstruction, because many residents purchase an attic space to expand their living space, converting that floor into an attic room.

Where to begin

The privatization of premises under the roof of your house must begin with a general meeting of the house, explaining to the residents the topic of the agenda and asking them for written permission under the minutes.

Having received the cherished agreement, you must adhere to a certain plan:

• contact the appropriate authority to approve the reconstruction;
• develop a project for the attic space;
• receive a redevelopment act and a cadastral passport for the new premises.

Only with a cadastral passport and a reconstruction act can you submit documents for further privatization of the desired premises.

The last stage will be the execution of an agreement with the state for the transfer of ownership rights and making the appropriate mark in the Unified State Register.

Where to go

Privatization of an attic requires not only a lot of documents, but also a visit to numerous authorities in the area where you live.

• The first step is to visit the BTI, where the reconstruction will be considered, then it is worth visiting an architectural and planning organization that will help develop a project for the future attic.
• Upon completion of these procedures and receipt of the necessary documents, you should contact Rosreestr for a cadastral passport.
• To sign an agreement on the transfer of ownership, you must visit the privatization department of the Housing Department. In some cities, the privatization department is located under the Administration.

In Moscow, residents can use the services of the Multifunctional Center.

What documents will you need?

You can register ownership of the premises above your apartment by first collecting the necessary package of documents.

• Identification documents of the applicant.
• Certificate of ownership of the apartment to which the additional floor will be connected.
• Minutes of the meeting of homeowners in the microdistrict, with their agreement and signatures on privatization.
• Permission for the reconstruction of the attic, certificate of completion of work, cadastral passport for the object.
• Project documentation for the attic.
• Registration certificate for an apartment located under the attic.

Since the privatization of the attic occurs on a paid basis, it will be necessary to provide a receipt for payment for the procedure. Acts on the satisfactory and safe condition of the premises may also be required: acts from the Ministry of Emergency Situations, Civil Inspectorate and Housing and Communal Services.

Registration cost

There is no clear answer to the question of how much it costs to take ownership of an attic space. It all depends on the city in which the house is located, as well as on the rates set by the local administration.

So, Moscow and the Moscow region offer from 10 to 50 thousand rubles . To this cost we must add the development of technical documentation, which will cost the citizen another 10-15 thousand rubles .

Approximate cost of services in rubles for paperwork:

Service	Price	Preparation time
Cadastral passport	1 500	7 days
Attic project	15 000	one week
Technical conclusion	6 000	1 day
Permission in BTI	5 000	10 days

Attic project

Design documentation for a future residential attic is developed according to the design features of the building and the personal preferences of the resident.

Only a specialized organization, for example, an architectural and planning company, can prepare a project.

The price of the project can vary from 5 to 20 thousand rubles .

Misconduct

Unlawful actions in the case of privatization can come both from neighbors and from a citizen who decides to add an attic space to the apartment.

1. From a citizen: some apartment owners living on the top floors incorrectly believe that the right to use the attic belongs to them by default. This is a mistake - the attic is a common area of ​​the house and all residents can use it. If a tenant living under the attic decides to bypass privatization and occupy the technical floor, he is acting outside the law.
2. From neighbors: if all residents of the house have given their consent to the privatization of the attic and the transaction has been formalized, they have no right to use this premises. Entering privatized territory will be considered illegal.

Going to court

Residents of apartment buildings have the right to go to court if they believe that their rights have been violated.

For example, they began to reconstruct the attic space without their knowledge or consent, as well as rent it out or use it for personal purposes: warehouse, office, housing.

All violations in relation to the attic space are described in Articles 246 of the Civil Code and 36 of the Housing Code.

If the law has actually been violated, the bailiffs have the right to stop the arbitrary act and return the attic space back to public use. Management companies that committed such a violation, as well as residents who illegally used the attic, will be punished.

Questions and answers

Despite the popularity of such a procedure as attic privatization, many residents still have questions. Lawyers specializing in housing law can suggest the correct and legal solution.

Is it possible to privatize part of the attic above the apartment?

The law allows the privatization of part of the attic if the tenant does not need the full space.

However, this will require an official delimitation of space, for which additional permission must be obtained, which is not always feasible.

What difficulties may arise

There are three main difficulties in the issue of privatization of attic space:

• consent of all owners: if there is not at least one signature, the privatization permit will not be approved.
• technical features of the attic: communications running through the room, emergency condition, design features.
• documents: collecting all the necessary documents is quite difficult, expensive and time-consuming.

In general, according to housing practice, there are quite a lot of cases of privatization of the attic in an apartment building, and recently, such procedures have become increasingly popular.

Is it possible to negotiate with neighbors?

The most difficult stage in decorating an attic space is the consent of all residents of the house.

To begin with, you can try posting a notice on the entrance about an urgent meeting at a certain time, indicating the agenda. If the residents did not come in full force, they will have to go door to door and collect the missing signatures.

It is difficult to say whether all tenants will allow privatization; it all depends on the attitude of people towards the citizen who has decided to take such a step. This will require a lot of patience, explanatory work, propaganda and other possible methods of influencing people.