Is it possible and how to sell an apartment with illegal redevelopment

When the owner has somewhat “redesigned” the home for his own convenience, and has not legalized these changes, what to do in the event of an urgent sale ?

How does unauthorized redevelopment affect the value of a property?

Is it possible to enter the market in this case? Is it possible to sell an apartment with illegal redevelopment?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

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Read on our website about where to start remodeling an apartment and how much it will cost. You can download samples of the necessary documents: powers of attorney and contracts for work, applications to the Housing Inspectorate, as well as all acts of reconstruction from us for free.

Voice of the law

The law is inexorable: any interference in the location of apartment premises must be carried out with the consent of the competent services , that is, the BTI and the Housing Inspectorate.

If an unauthorized “redrawing” of an apartment’s area is detected by local services, the owner will be forced to pay a fine (Article 7.21 of the Code of Administrative Offenses of the Russian Federation), and then still resolve the issue of restructuring - legalize it through the BTI, the Housing Inspectorate, through the court, or return everything to its original form.

Code of the Russian Federation on Administrative Offenses Article 7.21. Violation of the rules for the use of residential premises

1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises or their use for other purposes -

entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles.

2. Unauthorized redevelopment of residential premises in apartment buildings -

shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles.

Issues of legality of redevelopment of residential premises are regulated by the following legislative acts:

• Art. 25, 26 Housing Code of the Russian Federation;
• SanPiN;
• SNiP;
• RF PP dated January 21, 2006 No. 25 “On approval of the Rules for the use of residential premises.”

When selling a home with alterations, it turns out that the seller hands over documents with plans - technical, cadastral - for one home, but in fact offers a completely different one, differing both in the configuration of the premises and even in area.

According to legislative requirements, changes to the apartment plan must be legalized before the sale, but in real life anything can happen.

Is it possible to sell an apartment with redevelopment of an apartment that has been legalized? If redevelopment has been carried out in a residential property, and at the same time, it has been formalized according to all the rules, then such a case is ideally legal and correct .

In this situation, the coincidence of the natural dimensions and locations of walls, partitions, openings, etc. will be one hundred percent when reconciled with the plans - cadastral and technical.

• The square footage of the usable and living areas of the apartment will be the same in all documents, including the certificate of ownership - this is exactly how it should be .
• Official approval of changes to the housing plan is the only legal way, and the sequence is important: first obtain permission and approval from all interested services, then carry out construction, installation and repair work, then obtain new passports for the apartment (technical and cadastral).
• It may also be necessary to obtain a new certificate of ownership if, as a result of the whole undertaking, the ratio of living and usable space changes.
• However, only such a complex path is the only correct one and ensures the trouble-free sale of residential real estate at a higher cost.

If the alteration is not legalized

Is it possible to sell an apartment with unauthorized redevelopment? It happens that residential premises in apartment buildings with unauthorized interventions are offered for purchase; sometimes there are even people willing to purchase such apartments.

Such a transaction is possible only with the conscious understanding of the future owner that he himself will have to go through the entire path of legitimizing the redevelopment , and the burden of material and moral expenses of this procedure will fall on him.

The sale of housing with illegal redevelopment is possible: the law does not prohibit transactions with such real estate, and at the same time, regulatory authorities are empowered to invalidate the transaction.

Selling without permission

What to do if the redevelopment is not legalized, but the apartment needs to be sold? How to sell an apartment with redevelopment without permission? In this case, you need to play fair and not try to hide the presence of alterations in the home from the future owner.

1. The owner must, with the help of an experienced realtor who is not interested in purchasing and selling, find out the real prospects .
2. The specialist will tell you what type of intervention the modification performed is.
3. Options for a simple home renovation look something like this:

• moving doors in non-load-bearing partitions, as well as the partitions themselves;
• rearranging sanitary fixtures, as well as replacing, for example, a bathtub with a shower stall;
• dismantling mezzanines;
• replacing window or door units with others without changing the area of ​​the openings;
• cosmetic repairs, etc.

Complex apartment redevelopments concern the following issues:

• expansion of the kitchen and bathroom at the expense of living rooms;
• combining a loggia or balcony with a room or kitchen;
• punching additional windows, doors;
• dismantling the window sill block (between the loggia and the room, kitchen);
• rearrangement of gas appliances and equipment;
• combining apartments into one, etc.

Then there is no point in delaying the legalization of alterations.

Options for resolving the issue

• Selling an apartment with illegal redevelopment means deliberately reducing the price by exactly the approximate amount that the buyer will subsequently need.
• But there is a possibility of being caught: this will happen if a new registration certificate is required, and BTI workers, when taking measurements, reveal discrepancies in geometry.
• If 5 years have not elapsed since the registration of the residential property, after which the rules require re-examination of the apartment and the issuance of the next registration certificate, then problems may not arise - at least for the seller.

Another option is for the current owner to deal with the legalization of the redevelopment himself. If you pay according to the urgent tariff, the amounts increase several times, and the total duration of paper procedures will still take at least 1.5 - 2 months.

1. But it is precisely this option that makes sense to choose in order to avoid the risk of being fined or even losing real estate , because then you will still have to deal with this issue, and the sanctions are different.
2. In addition, remodeled housing is usually more comfortable and original, and this immediately gives a significant increase in the valuation of the property before sale.
3. One-room residential properties attract especially close attention from regulatory authorities, and the new fashion trend of creating a studio apartment is a risky action unless approved by specialists.

Converted dwellings, even if they have significantly increased in terms of comfort, should not be offered to those who are looking for living space with a mortgage: such numbers do not work with banks. Difficulties during the sale may arise of the following types:

• there is a danger that a fresh technical passport will be required , and a visit by BTI workers will immediately reveal the presence of discrepancies between the actual dimensions and the design ones;
• depending on the scale of the intervention in the load-bearing capacity of the entire building, you may even lose your home if you do not return everything as it was within the prescribed period;
• buyers will demand significant price concessions ;
• the act of purchase and sale will be declared void, that is, invalid;
• the buyer at any stage can decide to terminate all relations with the seller of the converted home.

• With simple alterations that do not affect inter-apartment or load-bearing walls, ceilings, columns, or rigidity diaphragms, you can sell the apartment by giving the buyer a reasonable amount .
• It is more profitable to legalize a serious redevelopment before selling it to the seller himself, using the services of intermediaries - this option will still be cheaper and will eliminate the risk of being caught in an unauthorized alteration of the home.
• You can learn about the problems when selling an apartment with redevelopment of the apartment from the video:

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How to sell an apartment with illegal redevelopment - is it even possible to do this?

What is redevelopment

First you need to understand what redevelopment is. Redevelopment is any changes that the owner makes to a new home. These changes must be different from the original housing plan.

Redevelopment can be of 2 types:

• The first type is legal redevelopment. This option does not require permits or legal registration. Such work involves the elimination and small movements of: batteries, sockets, cabinets built into the wall, gas stove, plumbing fixtures. The following changes are also considered minor: glazing the loggia, combining the toilet and bathroom. In this case, it is not necessary to legitimize the actions. If the owner decides to demolish the wall between the rooms, then he will have to obtain special permission for these actions and coordinate them.
• The second type is illegal redevelopment. The homeowner did not receive permission to carry out construction activities. These may include: moving a heating radiator to a glassed-in loggia, making a heated floor using a heating and water supply system, making a fireplace in an apartment located in a panel house, combining a kitchen in which gas equipment and a room are located, making niches in load-bearing walls or arches.

Unlegalized redevelopment will need to be legalized if you are going to sell the apartment. In any case, you will be forced to do it. As for the process of selling such housing, it will be difficult. But that doesn't mean it's impossible.

Is it possible to sell an apartment with illegal redevelopment

The law does not prohibit the sale of an apartment with an illegal layout. At the same time, the homeowner is obliged to reflect in the technical passport all the changes he makes. That is why, before making a layout, it is necessary to coordinate it with the Housing Inspectorate and the residents of the house. But how to sell an apartment with illegal redevelopment?

You can sell housing with illegal redevelopment if:

• You do not hide from a potential client that there are some changes in the apartment, but these changes are not regulated by law.
• If the buyer nevertheless agrees to buy a home, then in the purchase and sale agreement you simply include a clause about the need to re-register changes after the apartment is transferred to the buyer. The buyer takes care of the entire registration process, including the financial side.
• Of course, the price for selling housing will have to be reduced by 10–20%. That is why, before selling an apartment, it is necessary to calculate all the expenses for redevelopment. Subtract the result obtained from the actual cost of the apartment.

It will be difficult to sell an apartment with illegal redevelopment to a citizen who is going to buy it with a mortgage . Most likely, the bank will not agree to take such an apartment as collateral. But sometimes banks cooperate.

Is it possible to legalize redevelopment when selling an apartment?

We considered options for selling an apartment with illegal redevelopment. But what to do if there is no buyer who wants to buy such an apartment. In this case, you will have to arrange a redevelopment when selling the apartment.

It is worth noting that unauthorized redevelopment is a violation of the law . If there is a violation, then there is a punishment. In this case, there will be an administrative penalty, that is, the owner will only get off with a fine.

But there is an option that will help avoid a fine. To do this, it is necessary to legitimize a layout that has not yet existed. In this case, you need to agree with an architect from the district department who can draw up a design for the changes.

This project must be agreed upon with the Housing Inspectorate. Once permission for redevelopment has been issued, you must wait until the proposed work is completed. Then a certificate of completion of the redevelopment is drawn up.

After this, you can go to the BTI and receive a new technical passport for the apartment. Without consent to construction activities, it will be impossible to formalize everything at the legislative level. Of course, the procedure for selling a home may take six months, but you won’t have to cut the price when selling.

Buying an apartment with illegal redevelopment

There are people who deliberately hush up this fact. They don’t want to reduce the price for an apartment with an inconsistent layout, which is why they don’t tell the potential buyer about this fact. If you are “lucky” to buy just such an apartment, then you should not panic. The situation can be corrected. Of course, you will have to spend nerves and money on legal proceedings. But in this case, the court will be on your side. You will be able to demand termination of the purchase and sale agreement, as well as compensation for losses that you incurred during the move.

The situation is different if you were warned about this fact. You have agreed to purchase because the price of housing has been reduced. Of course, you will have to run around to different authorities to formalize the layout at a legal level. Otherwise, you, as the new owner, will be charged with a fine.

The most important thing when purchasing such an apartment is the ability to coordinate and legalize construction changes. If this is not possible, then you will have to return the apartment to its original position. That is, to eliminate all the “art” of the previous owner.

If you are buying a home with a mortgage, then it will be difficult to buy a home with an inconsistent layout. It is not often that banks take such apartments as collateral. If it turns out that the layout is subject to approval, then the loan will be approved for you.

To register construction changes, you must collect the following documents:

• A document that confirms your ownership of the apartment. In this case, it is a purchase and sale agreement.
• Home Book. You need to provide information about everyone registered in this apartment.
• Statements of consent of all adults who are registered in the apartment. This document must be certified by an HOA employee.

It is worth noting that the layout must be completed within 6 months from the date of purchase of the home.

Punishment for illegal redevelopment

If a citizen ignored the planning approval procedure and did not legalize it, then he will be punished . In this case, the legislator is limited to administrative punishment in the form of a fine. This is the case if no one was harmed due to such actions.

If no harm was caused by the illegal layout of the housing, then the citizen bears administrative responsibility:

• A citizen for an uncoordinated layout is punished with a fine of 2 to 3 thousand rubles.
• Official - from 4 to 5 thousand rubles.
• Legal entity – from 40 to 50 thousand rubles.

If unauthorized planning (not approved) caused damage to third parties:

• A citizen is punished with a fine of up to 5 thousand rubles.
• An official is punishable by a fine of up to 50 thousand rubles.
• A legal entity is punishable by a fine of up to 300 thousand rubles.

If third parties manage to prove that the damage from such a layout is very serious, and the citizen did the layout deliberately, then the punishment will be more severe. In this case, a criminal case may be opened .

So, let's summarize. We considered the issue of selling housing with an illegal layout. As a conclusion, we will answer several questions about the article.

• Is it possible to sell an apartment with unauthorized redevelopment? You can sell it. To do this, it is necessary to obtain approval from the Housing Inspectorate to make changes. Coordination is also necessary with the residents of the house. The third approval is with the buyer, if you did not want to coordinate this issue with the inspection and formalize construction changes.
• How to sell an apartment with illegal redevelopment? There are two options - to agree on the issue with the buyer and reduce the price of housing, arrange for redevelopment when selling.
• Who should be responsible for uncoordinated redevelopment? The property owner is responsible. It doesn’t matter at all how you received it: bought it, received it as an inheritance or as a gift.
• What to do if you bought a home with unapproved redevelopment? If the former owner kept silent about this fact, then you can sue and demand termination of the purchase and sale agreement and compensation for damages.
• Is it necessary to legalize redevelopment when selling an apartment? The owner of the apartment will have to do this in any case. If you agree on this issue with the buyer, then you will not need to arrange the redevelopment yourself.

It is worth noting: it will be very difficult to sell a home without approval of construction changes, as well as without formalizing the legality of these actions.

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Is it possible to sell an apartment with illegal redevelopment in 2023

Homeowners, trying to improve living conditions, are engaged in redevelopment. It is not always formalized in accordance with the law, and often goes unnoticed until the need to sell the living space comes. Then the owners are interested in whether it is possible to sell an apartment with an illegal redevelopment, and whether this is an obstacle to completing the transaction.

How to identify that there is redevelopment

The buyer should be interested in discovering the fact that the apartment has been remodeled. If the redevelopment is illegal, after the purchase he is responsible for unauthorized redevelopment. He will have to take care of the permitting process in accordance with the actual condition of the premises or give it a look that corresponds to the original layout.

To avoid troubles and material losses, the buyer should check the BTI documentation for the apartment that is being sold to make sure that there are no redevelopments. If alterations are legalized, they are marked with red lines on the plan. Their absence does not mean that redevelopment was not carried out. It is better to take a plan and walk through the property, checking it with the actual condition of the premises.

Types of permitted redevelopment

The legislation does not consider a number of changes to be redevelopment, so it is possible to sell an apartment with or without legal approval - it is not necessary. This includes the following modifications:

• built-in furniture was dismantled;
• technical equipment was moved, but it remained in the same premises;
• glazed balcony, loggia without size violations;
• In the bathroom, a partition was demolished, which was not a load-bearing structure.

Important! Removing the partition between rooms leads to disruption of the layout. In this case, it is necessary to coordinate the unauthorized alteration with the relevant authorities.

What absolutely cannot be changed

Some redevelopments are prohibited by law, so it will not be possible to legalize them. It is strictly prohibited to carry out work if it:

• worsen the living conditions of other residents of the house;
• make the premises uninhabitable;
• violate sanitary, construction and fire safety regulations.

This redevelopment is not agreed upon; if discovered, the owner is obliged to restore the apartment to its previous condition. Other alterations in the layout, if they are not prohibited, are allowed, but permission must be obtained. Then there will be no doubt about whether it is possible to sell real estate with illegal configuration changes.

Methods of selling with redevelopment

When selling an apartment with an unapproved redevelopment, if it concerns permitted work, there are no special obstacles to completing the transaction. The best solution for both parties is to legalize the alteration. In this case, no one risks that unpleasant consequences will occur after an illegal reconstruction: the apartment can be sold, there will be no sanctions.

For cash

Most often, apartments with illegal redevelopment are sought to be sold for cash. The seller does not take risks, only the value of the property is reduced by 10–20%. Buyers are often willing to do this, wanting to save money. They do not suspect or do not want to think about the unpleasant consequences such a deal could result in.

Important! If the redevelopment of housing is illegal, the sale of an apartment with refurbishment is carried out according to documentation that does not reflect the changes. From the moment the contract is concluded, the buyer becomes the owner, and all responsibility for legalizing the illegal layout falls on him.

Sometimes this results in such costs that the savings on the purchase will be less. This happens if changes in the configuration of the apartment cannot be agreed upon - prohibited work has been carried out. Then the new owner will have to return the premises to its original condition at his own expense or bring it into a form that can be legitimized.

For mortgage

It is not possible to get a loan for an apartment with illegal redevelopment everywhere. There are banks that process similar mortgage transactions. To sell a property this way, it is more difficult for the owner to find a buyer. But it operates openly - the bank and the buyer know about the illegal alteration.

The party providing the loan insures itself. The contract stipulates how to proceed with the registration of redevelopment. It is indicated that the new owner will legitimize it, usually 6 months are allotted for this.

Rosreestr also has the right to refuse registration, citing illegal reorganization as the basis.

How to legalize redevelopment

If you arrange the redevelopment before selling, it will be easier for the owner of the apartment to sell it. The seller will not have to reduce the price of the home in order to attract potential buyers in this way. Legalization of redevelopment will allow not only to sell the apartment, but also to declare an increased price if the remodeling has significantly improved living conditions.

Before work is completed

The owner must clearly understand what changes he intends to make to the layout. It is required to obtain a technical passport, which contains a full description of the premises. Future work is planned based on it.

Coordination of some actions with firefighters and water utilities is required. This applies to cases where utility lines are affected.

If the house is an architectural or historical monument, rebuilding the apartment will not be allowed without permission from the relevant committee. You should order a redevelopment project from a licensed organization.

If the house is an ordinary standard one, significant changes are not planned; your own sketch is enough.

Other documents are also required: ownership and consent of the remaining owners to the new layout, if any. Having collected everything necessary, the owner goes to the city administration. There he writes a statement.

Officials are checking documents and the planned reorganization. Their task is to make sure that it does not affect supporting structures or vital communications, as permitted by law.

There are still two months left to wait for a decision. If the answer is positive, a permit is issued indicating the period during which the layout can be changed. When it is completed, they request a new registration certificate and submit documents to Rosreestr to change the cadastral plan of housing. Now there are no obstacles to selling real estate.

After completing the work

If the redevelopment of an apartment is not legalized, its legalization is handled by the seller or the new owner after the purchase. It is more difficult to complete than before the work was carried out.

How to deal with illegal redevelopment so that the sale transaction is not invalidated is specified in Articles 25–29 of the Housing Code.

The differences in the rules of legalization after the changes and approval have been made are not very large; the required documents are the same:

• statement;
• apartment plan;
• notarized copies of housing documents;
• consent of other adult residents;
• technical passport from BTI;
• permission from the commission for supervision of historical and architectural monuments.

They are sent to the administration and await a visit from an inspector from the relevant commission. The purpose of his visit is to make sure that the plan in the technical passport and the actual layout do not correspond. After some time, the housing inspection will approve the redevelopment or refuse, giving a reasoned explanation for the reasons.

When the apartment is sold, the unauthorized redevelopment is legalized by the buyer - the new owner. He imagines:

• passport;
• documents for the apartment;
• agreement on a concluded trade transaction;
• a receipt for payment of the state duty for registering the apartment;
• act of acceptance and transfer of living space.

Important! It is better to carry out approvals before selling an apartment with illegal redevelopment, otherwise there is a risk that the transaction will be declared invalid and the new owner will be denied registration.

When approval is received for the approval of an unauthorized redevelopment, the owner contacts the BTI and takes an extract from the cadastre. Documents are presented to the construction and architecture department. The specialist draws up a draft of the existing changes. It will be approved by the sanitary station, fire service, and administration.

If an attempt to legalize existing changes in government bodies and relevant services fails, the last chance is to go to court. They provide the same papers and a decision to refuse to legalize the redevelopment. A statement of claim is being written, a sample can be downloaded from this link. The court considers the case within 30 days and makes a decision.

If the court made a positive decision for the applicant - it recognized the legality of the redevelopment - it is necessary to obtain a new registration certificate and register.

But the court ruling is not always in favor of the plaintiff: he may recognize changes in the layout of the apartment as illegal, such that they threaten the safety of the residents of the house.

In this case, the owner will be obliged to return the apartment to its original condition - until then it is impossible to sell it.

Risks of illegal redevelopment for the buyer

After the transaction is concluded, the buyer who is responsible for the apartment becomes the full owner. The characteristics of housing are contained in the BTI documents and the cadastral passport. They are drawn up upon taking ownership and confirm the rights to carry out transactions. Changing the characteristics of the living space entails automatic recognition of these documents as invalid.

When buying an apartment with an illegal layout, it turns out that the former owner transfers the passport and plan for one room, and in fact the new owner acquires another.

It may differ greatly in its characteristics from the declared ones - configuration, area.

If no measures are taken to legalize the redevelopment, in the future the owner will not be able to sell, bequeath, or mortgage the property with alterations.

The most favorable situation for the buyer occurs when the redevelopment is minor and complies with changes permitted by law. A fine is paid, the layout is legalized through the court, and a new design is carried out.

Sanctions for illegal redevelopment

If illegal reconstruction is discovered, the least that the owner faces is an administrative fine of 2–2.5 thousand rubles. This is if the redevelopment did not affect the supporting structures, the safety of the house and neighbors is not threatened.

If the consequences of illegal redevelopment of the premises are more serious, damage is caused to the property or health of other persons, the fine is 5 thousand rubles . In addition, the owner will be required to bring the premises into a condition consistent with the documentation for it. Restoration costs can be significant.

If, after the illegal planning, other persons were seriously injured, the premeditated nature of the owner’s actions is proven, he will have to pay compensation. If the owner refuses to legalize the alteration, he can be evicted and the apartment sold at auction (Article 29 of the Housing Code).

It is possible to sell real estate with an illegal layout. The risks that exist when concluding a transaction concern more the buyer - now he bears all the obligations to legalize the reconstruction, otherwise he will not be able to fully dispose of the property.

Is it possible to do redevelopment in a mortgaged apartment and redevelopment of a Sberbank mortgaged apartment is discussed in more detail by our editors in special posts.

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How to sell an apartment with illegal redevelopment in 2023

Owners of residential premises often change the layout of their living space according to their taste and discretion to make being in the house more comfortable. This entails certain consequences for residents - apartment owners. Buying and selling real estate with redevelopment has its own subtleties and nuances.

Regulatory legal acts of the Russian Federation contain a direct indication that interference with the integrity of living space must be documented and agreed upon with the competent authorities, such as: BTI, housing inspection. Otherwise, a measure of liability may be applied to the owner: an administrative fine followed by a court decision:

• on the legalization of forced redevelopment
• on bringing the residential premises to their original condition before reconstruction according to the technical passport

Free consultation with a lawyer for the sale of an apartment>>

Detailed information about the reconstruction is contained in the following regulations:

• Housing Code of the Russian Federation
• SanPiN and SNiP
• Decree of the Government of the Russian Federation “On approval of the rules for the use of residential premises”

The purchase and sale of real estate involves the transfer to the new owner of documents for it, including a technical (cadastral) passport, where the plans indicate the layout of the home.

If changes have not been made to the documents, then the reconstruction is considered illegal. So is it possible to sell such an apartment where there are discrepancies between its actual appearance and the documentary one? Such possibilities exist.

It is necessary to understand in more detail.

Types of redevelopment

The apartment can undergo simple refurbishment, which is expressed, in particular, in the following:

• dismantling the mezzanines that were originally provided by the developer;
• replacing a bathtub with a shower cabin;
• shifting sanitary fixtures;
• moving doorways in load-bearing walls, partitions;
• moving partitions from one place to another;
• replacement of doors and window units, which does not affect changes in their area.

Complex redevelopment includes the following individual events:

• connecting several apartments into one, which involves violating the integrity of partitions and walls;
• combining a room or kitchen with a balcony, loggia;
• expansion of the bathroom, toilet due to the kitchen area or room;
• creation of new windows and doorways in the apartment in addition to existing ones
• relocation of gas equipment and gas supply systems

A question of opportunity

The laws of our state do not contain restrictions on transactions with an apartment with an illegal layout. But it is worth understanding that the new owner receives into his possession, use and disposal a property that does not comply with the documents, with all the ensuing consequences.

The best option is to force the seller to legitimize the redevelopment before the transaction is completed and hand over the duly completed documentation for the apartment to the buyer. In fact, this is how it should be. But in practice, not everything goes according to such an ideal plan.

As a result, there are two options for purchasing an apartment with illegal redevelopment:

• the seller complies with the documents before signing the purchase and sale agreement
• the buyer follows this path after state registration of the transaction

Sale of residential real estate without documents for redevelopment

If the buyer agrees to purchase an apartment with redevelopment that is not recorded in the technical documents, then he should be aware of all the possible risks:

• there is a high probability that the transaction will be recognized as invalid, since it may be revealed that the documents do not correspond to reality
• incurring additional financial expenses to legitimize the reorganization
• possible legal costs if the redevelopment is contested

Based on this, the buyer may demand a reduction in the price of the apartment, justifying it with possible consequences. Experienced realtors say that such residential premises lose up to 20% in price.

Apartment with redevelopment and mortgage

How to sell an apartment with redevelopment with a mortgage agreement. This is quite difficult to do if the reconstruction has not been legalized. For a credit institution, such circumstances are risks, since the liquidity of such real estate decreases. The bank is not very interested in incurring its own costs for approving the redevelopment.

If a mortgage transaction was successfully completed with the bank, and then it turns out that the layout of the apartment does not correspond to the documents, such an agreement can be terminated, including in court.

Thus, the parties to the contract should not take risks in this situation. The seller needs to openly provide all information to the potential buyer so that possible risks and consequences can be reliably assessed.

Before applying to the bank for a mortgage loan for an already selected apartment with illegal redevelopment, all documentation must be put in order.

Otherwise, the bank may refuse to provide lending for this property.

How to remodel a mortgaged apartment

Sanctions for illegal redevelopment

If redevelopment is done in the apartment without the consent of the competent authorities, then administrative liability in the form of a fine may arise for this fact.

Its size depends on whether the reconstruction of the apartment caused damage to property interests or the health of other persons. If there is no damage, then the citizen will pay a fine of 2 to 2.5 thousand rubles.

And if there is, then the sanction increases for individuals to 5 thousand rubles.

There are also more serious cases when the damage caused to third parties is quite significant, associated with deliberate actions of the owner of the converted apartment. In this case, you can become a participant in legal proceedings for compensation for damage caused, material and moral.

How to detect illegal redevelopment

Apartment owners naively believe that legalizing redevelopment is an optional action, that no one can interfere with their home. The situation is different. People may come for an inspection for the following reasons:

1. As a result of the renovation, sound transmission into the neighboring apartment has increased. Its residents may suspect that the integrity of the apartment has been violated and file a complaint with the housing inspectorate.
2. During the redevelopment, building codes were violated, leading to accidents and disruptions in the operation of public utilities. In this case, also at the initiative of residents or utility services, an inspection can be carried out to inspect the converted residential premises.
3. Periodically, utility services visit apartments to check IMU (individual metering devices). At this moment, an employee of this institution may suspect that the apartment, for example, has a kitchen on the loggia. Then a check can also be initiated regarding the existence of redevelopment that has not been legally registered.

How to resolve the issue of illegal redevelopment

To avoid difficulties when buying and selling an apartment with an unregistered redevelopment, it is necessary to legalize it. It is more convenient to do this before selling the apartment to the owner, so that there are no problems when registering the contract. The instructions and procedure for how to legitimize the transaction look like this:

• order a redevelopment project from BTI or another company
• write an application for approval of the redevelopment
• attach the passport of the owner of the premises
• add a copy of the apartment purchase and sale agreement to the list of documentation
• as an application, a registration certificate for the property must be present
• it is necessary to take written consent from other apartment owners, if any

The entire set of documentation is transferred to the housing inspection. Conditions for terms vary from 2 months to six months. Is it possible to submit a request electronically? This opportunity is available on the State Services portal. In this case, the period for consideration of the application is reduced to 45 days.

If building codes are not violated during redevelopment, then there are no difficulties in approving it and there is no likelihood of a refusal.

Legal advice regarding the sale of an apartment with illegal redevelopment

How possible is a sale transaction and what documents may be useful to you? Find out all the necessary nuances from our specialists by writing to us using the form below.

Video

This video clearly explains the action plan for redevelopment:

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Unauthorized redevelopment 2023 - consequences, how to sell an apartment, purchase, mortgage, sale, risks, assessment, is it worth buying

Many people don’t even think about the need for redevelopment. And those who do it do not always know that it needs to be registered properly.

Therefore, when a representative of a government agency comes, conflicts and misunderstandings arise.

What it is?

Housing organizations must now control the redevelopment process. It often happens that the owner notifies the BTI already when all the changes have been made.

But in some cases, redevelopment is not possible in accordance with current legislation.

When registering changes, the real estate passport remains the same. But if you do not properly notify the housing organization, you may receive penalties and consequences for illegal redevelopment.

Therefore, many want to know what illegal redevelopment is and when it occurs. First of all, this is a change in the space of a residential premises without obtaining permission.

No approval is required for cosmetic repairs or replacement of balconies or windows based on material. The legislation in this regard does not stipulate the issue of registration. Therefore, such an action simply cannot be called illegal.

The following becomes illegal:

• Work that resulted from changes required for registration and approval by the housing commission, but for some reason it was not completed.
• Performing work that cannot be performed under current legislation. For example, changing the design of a load-bearing wall or completely demolishing it.

The first situation involves submitting documentation independently and legitimizing the project. In the second case, the owner will have to answer according to the law. And this is a serious responsibility. In this case, the housing will have to be restored to its original condition, regardless of the funds already spent.

Responsibility may not only be for the work done. If the apartment was purchased under a gift agreement in this form, then the new owner is also liable according to the law.

A similar situation occurs when receiving an apartment by inheritance. The technical passport is not checked when completing transactions of this kind.

Therefore, the person to whom the property is transferred may not even know about the undeclared layout.

The current legislation stipulates the issue of redevelopment. This concept becomes the transformation of the interior of the property, which must be reflected in the technical passport. This is necessary so that the new or old owner does not have problems with approval and further sale.

When remodeling, it is necessary to think through a work plan in advance. After all, some work must be coordinated with the housing inspection.

An additional list can be used to identify all work that does not require permission:

• installation of built-in furniture, replacement of its elements, disassembly;
• updating the walls, painting the ceiling, wallpaper;
• installation of new partitions - non-load-bearing walls;
• replacing plumbing fixtures properly;
• installation of machinery and equipment from the street side;
• replacement of a stove, hood, battery;
• replacement of equipment with new ones;
• balcony replacement;
• installation of shop windows and doors, a question often asked when decorating stores;
• demolition of a vestibule or partition that is not load-bearing.

Illegal redevelopment of an apartment has a significant impact on the strength of the structure. This is dangerous for the life of the owner and inhabitants of this living space.

• Additionally, this can lead to damage and destruction of the entire structure, which may harm residents of other apartments.
• Redevelopment may make it difficult for other residents to access certain areas.
• The following actions become illegal redevelopment:

• redevelopment that will worsen the living conditions of owners and other residents;
• removal of a load-bearing wall, which will weaken the strength of the building as a whole;
• installation of heating on the balcony;
• installing a balcony above the second floor on your own initiative;
• unification of several territories at once;
• installation of heated floors from the general heating network;
• combining non-residential territory (storage area) with residential territory;
• reducing the size of channels and removing ventilation by caulking;
• installation of partitions where a room is formed that does not meet the standards;
• increase in additional load on the structure of the living space;
• internal installation of a gas pipe;
• increasing the territory by joining the common corridor;
• carrying out work in a technical room or in emergency buildings;
• installation of switched-off equipment, which will affect the consumption of resources in other living spaces.

Law

This issue is regulated by Article 25 and Article 26 of the Housing Code of the Russian Federation.

They indicate the concept of illegal planning and the carrying out of work, the result of which must be registered or agreed upon with the housing inspectorate.

Unauthorized redevelopment

You can live with an illegal layout for the rest of your life until a representative of a government authority comes and inspects the premises.

Legalizing an action costs several thousand rubles. But it will take a lot of time to register - about two months. But if this is not done on time, then some problems will arise with the sale of the property.

How is it detected?

You can identify illegal redevelopment:

• in the event of a complaint from other owners of the premises, if the neighbors’ repairs have interfered with comfortable living, then they have the right to complain to the housing inspectorate, most often this happens when the sound insulation is damaged or there is a lack of ventilation;
• in case of accidents and malfunctions in the technical communications of the building;
• when concluding purchase and sale transactions with this residential area;
• measuring the territory by a BTI employee;
• Utility services inspect apartments to check communications and meters.

Consequences

Many citizens want to know the consequences of illegal redevelopment.

As mentioned earlier, every person will be held accountable for such an offense. And illegal redevelopment is a violation.

There are several ways to punish violators:

• Fine. Installed in accordance with current legislation.
• Returning the premises to its original form at the request of the BTI representative. The time frame for this action is also specified.
• Selling an apartment at a public auction in violation of the law and disregarding the instructions of government officials.

Unapproved repairs will cost the owner 2,500 rubles. This is an administrative fine that is imposed on a person to minimize the risk of structural destruction.

In accordance with the current legal act, illegal redevelopment leads to damage to communications and also affects the operation of housing in general. For legal entities the fine will be slightly higher.

The Housing Code does not establish fixed fines. Therefore, they will depend on the specific situation.

An administrative fine will also have to be paid in case of a lawsuit. The requirements of the local administration do not in any way affect the filing of a claim.

Further actions

The citizen, after warning, must legitimize the redevelopment properly. If he does not do this, the case may go to trial.

There are also additional measures of influence on the owner. This ensures that the transaction is properly legitimized, otherwise the rights may be sold.

Features of concluding transactions

In 2023, illegal redevelopment threatens its owner with difficulties when concluding any transactions.

Many owners are not afraid of penalties for such an action, but upon resale this fact is revealed. And many buyers refuse to purchase precisely because the marks were not included in the technical passport.

Sale

Many people want to know how to sell such real estate and what the risks are. But sellers with no marks still have a chance to sell the apartment without legalizing the breading.

1. The question remains open if the changes in the BTI are not spelled out and they do not know about them.
2. In this case, you can sell the apartment without any problems if the buyer is satisfied with everything.
3. But it is worth understanding that now the buyer bears all responsibility for registering the redevelopment.

Purchase

Many also want to know whether such a property is worth buying. And if this fact is discovered, a fine will be imposed on the new owner.

The owner-seller does not risk anything after the sale. He could sell the premises with the old layout. But here the buyer gets an advantage - he can ask for a significant discount.

For a mortgage

If you buy an apartment with an illegal redevelopment, there are quite a few problems. For example, it is almost impossible to purchase real estate at your own expense.

Buying on credit, although not a profitable position, allows you to realize your dream in a short time.

But with illegal redevelopment, such an action is impossible. The lending institution carefully checks the property for violations of the transaction.

The lender always finds out about illegal redevelopment, as it requests all the necessary documentation.

If it is the borrower who is already carrying out all the actions to redevelop the mortgaged apartment, then he will also be responsible. If he decides to take this action, he must show the apartment to a specialist and determine the complexity of the work.

Realtors often involve representatives of the redevelopment department. It is this authority that can provide information about the type of redevelopment and an approximate assessment of the execution of such an action.

It is also worth remembering that mortgage lending is issued only if the apartment fully complies with technical documents.

Is an assessment required?

Real estate with redevelopment is a profitable solution, but only if the documentation is in full order from the legal side. With legal redevelopment, you can inflate the cost by 10%.

Illegal redevelopment will worsen the financial situation of the party by 10% of the cost.

Many buyers independently turn to appraisers to accurately calculate the value of real estate. This allows you to slightly reduce the price of real estate.

Its cost depends on individual characteristics.

How to legitimize?

All redevelopment work must be legalized by the BTI. To do this, a package of documents is collected and brought to the represented organization.

It is worth understanding that such an action will require additional costs in the form of payment for the service.

Documentation

In order to legitimize this action, you must provide:

• application of the established form;
• title documents;
• consent of all registered persons in writing;
• floor plan from BTI;
• redevelopment project.

• Here is a sample application for redevelopment,
• sample certificate of ownership of real estate,
• sample consent for redevelopment,
• sample redevelopment plan.

After this you need to wait a month. If the answer is positive, you must contact the Housing Inspectorate to set a date for drawing up a work report.

The visiting specialist draws up a document in accordance with current legislation.

Price

The cost of the service depends on the individual characteristics of the territory. On average - 2500 rudders.

When wondering whether it is possible to buy such real estate, you must first answer yourself - is it possible to independently legitimize the project. After all, the buyer will incur additional financial costs for the action.

Video about illegal reconstruction

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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