Buying an apartment with an irregular reorganization: risks and consequences

According to the legislation in force, any work related to the planning of apartments requires authorization from the relevant regulatory authorities.

However, it has been shown that some unconscious citizens neglect this situation, causing problems for people who purchase secondary housing.

Against this background, one perfectly normal question arises: What is the risk of buying an apartment with an irregular remodelling? Let's try to understand this in more detail and find out what risks real estate buyers will have to face, and how to insurance themselves and avoid many problems.

General

Before we talk about the risks of buying an unauthorised apartment, let's look at the basic terms and the regulatory framework.

The process of amending the housing project is regulated by the Russian Housing Code.

It sets out all the terms, the procedure for the issuance of the authorization documents, the classification of the reconfiguration and the penalties for any violations of the law.

It is important to understand, however, that not all changes to the accommodation structure require authorization; in some cases, it will only be sufficient to notify the BTI of the planned renovations so that the personnel of the State organization can document future changes, as follows:

• Transfer of sanitation equipment;
• Installation of the doorway in the carrying wall;
• Refurbishment and glazing of balconies;
• Construction of a tambur that improves the thermal insulation characteristics of the accommodation;
• Construction of inter-room partitions;
• Transport of doorways.

The purchase of an apartment with irregular alterations in any of the above-mentioned cases is not at risk because they do not conflict with the rules of the Housing Code and do not require authorization documents.

Basic requirements of legal instruments

Let's look at them in more detail. If you plan to buy an apartment, illegal alteration can cause a lot of problems, for example, if you want to rewrite the documents or resell the living space, so you should know in what cases it is prohibited to make any changes to the accommodation configuration. These include the following:

• If the remodelling impairs housing conditions or makes access to communication more difficult;
• The premises become dangerous or uninhabitable;
• In the case of work involving parts of the home that have been assigned to the civil defence services or the Ministry of Emergency Situations;
• influence the strength and durability of the supporting structures;
• endangers the collapse of the building or hinders the normal operation of neighbouring buildings;
• Deteriorating ventilation equipment;
• increases the load on load-bearing structures.

Buying an apartment with an irregular remodeling is not desirable in this case because it has negative consequences. Further details on the consequences you may face will be provided below.

Type of renovation of accommodation

So what you need to know about this is that if you weigh all the risks of buying an apartment with an illegal alteration and agree to take such a risky step, you need to have a detailed idea of what it might be.

The difference between these is that in the first case the regulatory authorities need only a sketch, and in the second, the design needs to be developed. If you plan to carry out the transfer of door openings or the movement of sanitation equipment, it will be sufficient to submit the outline to the BTI for approval; in addition, all changes to the apartment plan will be required.

Complex re-engineering is more problematic and time-consuming, as you will need to develop and approve a project in several government organizations.

The whole process takes about six months, and you will also have to pay an average of 60,000 rubles.

Once the permit documents have been received, the owner of the dwelling must notify the BTI, which shall carry out the technical inspection and issue the certificate.

If the party circumvents this procedure, there may be consequences for the purchase of an apartment, and an unauthorized reorganization, if detected by the relevant regulatory authorities, entails the punishment provided for in the legislation in force.

What happens in the case of the acquisition of unapproved real estate?

Many people are interested in the risk of illegal alteration when buying an apartment, and this is not surprising, because the secondary market is full of offers to sell housing with various irregularities.

In this case, it is not the seller who is responsible but the buyer who chooses the apartment, so you must be very careful about the study of her technical passport and other documentation.

Because if any irregularities are discovered by the regulators after the transaction is processed in the future, you will have to pay a fine.

Acquisition of housing on credit

So, what is needed to know about this? Unlegal alteration when buying an apartment into a mortgage is possible only when there is no discrepancy between the technical documentation and the actual real estate plan.

In this case, it is not too scary, since the entire liability rests with the person who is the legal owner of the dwelling at the time of the transaction.

Therefore, if you do not have enough money to buy a living space for cash and you want to apply for a loan, it is recommended that you consult first with a specialist who will be able to verify that all documentation is in accordance with basic legislation.

What risks should be taken into account?

This aspect should be given particular importance: as mentioned earlier, the consequences of an illegal alteration in the purchase of an apartment are a monetary penalty; its size depends on many factors and in some cases reaches very decent amounts.

As a general rule, a fine can be paid if the restructuring of the dwelling has not resulted in any consequences, namely, that it has not harmed the neighbouring premises or buildings or their owners; otherwise, the law imposes criminal liability, which is already more serious.

In addition, the injured party may request additional penalties through the court, and in most cases they are able to obtain them, as follows:

• Infringement of ventilation;
• Any mechanical damage to the facade of buildings;
• Reducing the sound insulation characteristics of host structures.

If you plan to remodel, it is better not to trick, because building tools make sure that neighbours are aware of the repairs that they can report to the relevant regulatory authorities, and work can also be done in a way that fails to comply with the basic rules and regulations and leads to the disruption of housing communications.

Illegal alterations can be detected by representatives of the public services when taking statements from personal energy-use devices.

In view of the specific nature of their activities, they will be obliged to notify the relevant authorities, whose representatives will be checked and, at best, will issue a fine.

In addition, the changes made will not be made to the technical and cadastral passport, and therefore these documents will not be valid and you will have problems with the subsequent resale of housing.

The main risks of buying an unauthorised apartment are as follows:

• Unilateral avoidance and invalidation of the transaction.
• Expropriation of property in favour of the State - most often the same happens when the buyer knew that the changes in the premises had been made illegally and he knowingly made a deal.
• Arrest of the property until all violations are resolved by its current owner.

They are not responsible for anything except the loss of a dwelling, as has already been said, but they are not responsible for anything.

What about customers?

Every person should be very responsible for the purchase of a dwelling, especially in cases where an apartment is purchased illegally and converted to a mortgage, because once the contract is signed by the owner of the real estate, you will be responsible for all of it, in which case there are two options: to convert all the housing documents into legal terms or to return the premises to their original state; the first method is less costly and labour-intensive, so it is best to dwell on it.

How to Legitimate Self-Desertation of Housing

So, you've bought an apartment with illegal alterations. What do you do to avoid legal problems? The answer to this question was given above: reformulate the housing documents, but you must understand that all the associated costs are borne by you and not by the seller. You will need to collect the following documents:

• Application for the reconfiguration of the room;
• Technical passport;
• original and copy of the contract of sale;
• A copy of the civil passport of the person to whom the apartment is issued;
• A new plan;
• The written consent of all family members for the remodeling.

You'll only have six months to solve all these issues, so it's better not to delay, but to start collecting documents immediately, because it takes a lot of time, and you have to understand all legal aspects.

As it is said, ignorance of the law does not exonerate responsibility, and in real estate matters, there are enough underwater stones, and buying an apartment with an irregular remodelling is a rather questionable enterprise that should be approached with caution, so it will not be necessary to seek prior advice from lawyers.

This will make it possible not only to speed up the process significantly, but also to avoid many problems in the future.

What should we pay attention to when choosing housing?

In order to avoid the purchase of an apartment with an irregular reorganization, it is necessary to look closely at the documents for it. If there are any irregularities or illegal changes, you can easily detect them. This can be done by one of the following methods:

1. The initial characteristics of the adjacent structures are often changed in the course of re-planning, on the basis of which the residents of neighbouring apartments are able to understand the illegality of the action and to notify the inspection authorities; on the basis of the complaint received, the commission is visiting the said address; if it is found that the condition of the dwelling is not in conformity with the plan, the owner will be obliged to pay the money and return it to its original state.
2. A similar scenario occurs if, in the course of the change, gross violations of building rules and regulations have occurred, resulting in disruption of communications, which has led to the call for emergency brigades to correct the problems, in which case the fine will be much higher, and criminal proceedings may be instituted on the basis of what has happened.
3. The illegality of re-planning can be detected by the public service during the process of taking statements from individual energy consumption enumerators, who can also file an application with the appropriate authorities.

Any of the above cases will be recorded and recorded in the relevant documentation, so if you take it seriously when you buy an apartment, you can avoid many problems.

Conclusion

Today, many people decide to buy an apartment with illegal alterations because the cost is much lower, they want to save in the same way, but you have to weigh it well for and against. It's not always possible to legalize changes in the configuration of the premises or eliminate them, and the consequences can be quite serious. It's better not to take a risk or take a shady deal. And if you're finally going to buy a place with an illegal alteration, then look carefully at the technical documentation and make sure that you can do everything you need to do when you buy it in accordance with the law. Only then you can be sure that justice won't catch up with you.

Source

Major risks in buying an apartment with illegal alterations

Buying an apartment on the secondary market carries the risk of having an irregular remodeled dwelling; at best, the buyer will inform the seller in the first place, then there will be no surprise, but there are also uncertainties in the plan and in the passports after the transaction has been concluded.

Reeltors and builders are all divided intosmall and significantas well as onAcceptable and inadmissible.

The worst case is that you can't get it back and you can't legalize it, and illegal remodeling threatens the buyer with a lot of trouble in the future.

When Remodeling Can Be Legalized

The buyer ' s failure to acknowledge that there are inadequate alterations in the apartment is a valid reason for unilaterally terminating the contract of sale and invalidating the transaction.

The harmonization process involves the submission of documents to the housing inspection.The total will need to be collected and presented:

• New housing plan, ordered by BTI or another organization;
• Statement;
• A copy of the passport of the owner of the dwelling;
• Copies of the sales contract for the apartment;
• Techpasport for the apartment;
• Written consent from each of the other owners of the dwelling.

Depending on the location, the reconciliation process may take an average of 2 months to 6 months, but on the public service portal, all documents can be submitted electronically and the necessary harmonization can be obtained within 20 to 45 days; no difficulties will arise if the changes are in line with the building codes and regulations.

What's illegal remodeling?

You don't need to confuse the remodeling with the remodeling; for example, replacing the iron radiators with aluminium, or replacing the water heater from 30 litres to 50 is a remodel, but making a door in a partition between adjacent rooms is a remodeling.Refurbishment does not need to be documented, and remodeling even the smallest automatically requires it to be added to the documents for the apartment..

According to the Russian Federation ' s LKS, the restructuring must take place only after the owner of the dwelling has issued all the necessary authorization documents, and then the special commission conducts an inspection and certifys that the repairs carried out have been carried out in accordance with an agreed plan. The existence of a change which has not previously been agreed upon makes it necessary for the owner to comply with an ex post facto agreement, which may not always be the case.

Illegal alteration in a mortgage apartment

The biggest trouble is for buyers who are willing to purchase a mortgage, and the bank is provided with documents on the selected square meters for reconciliation.If it is determined after the mortgage has been processed that there are conflicting alterations in the apartment, the contract with the bank may be at risk of termination.

The bank is not interested in registering illegal transfers for its money, and it is not interested in paying for them to pay for them, but rather to pay for mortgage loans, which is why the buyer is at great risk when it agrees to buy an apartment with unconfirmed mortgages.

What's a fine for illegal alteration?

It should be made clear immediately that the owner of an apartment may be punished for unlawful alteration because of administrative liability, but only if no one, whether the tenant or the neighbour, has suffered the consequences of the alteration; otherwise, depending on the gravity of the consequences, there may be more serious liability, up to and including criminal liability.

The fine for unlawful alteration as part of administrative liability without prejudice to third parties shall be equal to:

• For citizens, 22,500 roubles;
• For officials, between 4 and 5,000 roubles;
• For legal persons, 40 to 50,000 roubles.

In the event of damage to property interests or the health of third parties, the fines will be more severe:

• For citizens, up to 5,000 roubles;
• For officials, up to 50,000 roubles;
• For legal persons, up to 300,000 roubles.

If the damage is serious and the victims can prove that the owner ' s actions were intentional, then it will not be possible to pay a fine alone, let alone that full compensation will have to be paid in any event.

How do you detect illegal alteration?

Many people don't care that the documents on the apartment aren't perfect, believing that nobody cares about it, but there's always a risk of detection of illegal alteration.Usually, the identification takes place as follows:

1. For example, the sound permeability of the neighbouring wall will increase, or the ventilation will deteriorate, or otherwise the neighbors will be able to assume that there has been a remodelling in the adjacent apartment and file a complaint with the housing inspection; a commission will be sent to the apartment to verify the actual condition of the apartment and, if inconsistencies are found, to issue a fine and order that the discrepancies be corrected within a period of up to six months or to bring the dwelling into its original state.
2. As a result of gross violations of building rules and regulations, there would be an accident or a breakdown in the functioning of community services, which would require the intervention of utilities, and then the previous scenario would be completely repeated, with the difference that the amount of the fine would be higher, the modification itself might not be corrected, nor would it be possible to agree.
3. During the reconciliation of the interviewers ' statements, the remodelling may be detected by an employee of the public services, after which the application will be made by the public service to the housing inspection.

All the most important characteristics of the dwelling are reflected in her BTI passport as well as in her cadastral passport, which must be issued at the time of entry into ownership, without which there can be no real estate transactions.When the characteristics of the apartment change, it automatically invalidates her passport.Consequently, the owner may find it difficult to dispose of real estate in any intention.

If you leave everything as it is and you don't get new passports, then you can't just sell your apartment, buy it, mortgage it, inherit it.If, however, the buyer agrees and in such a manner, it will require a serious discount in order for the money to be agreed upon by itself.

In other words, housing loses its liquidity, is cheaper and can only be sold with a discount, which is extremely disadvantageous to the owner who put his money in it, whereas properly remodeled the liquidity of the dwelling dramatically increases, since apartments with good changes are usually priced, as opposed to model options with a standard set of disadvantages.

Form or...?

In summary, it is always the owner ' s responsibility to register the remodelling; you can use the space for as long as you want, without suffering from any inaccuracy in the documents, but in the future the problem is bound to be self-evident, and how much it costs to eliminate it is now impossible to say.

If you have any questions about the purchase of an unauthorised apartment, our on-call lawyer is ready to respond quickly.

Buying an apartment with an irregular alteration: risks, mortgages

Ask a lawyer.It's free!

In the past, the term "replanning" itself had sounded like something forbidden but also tempting.

Model apartments, with their depressing uniformity and eye defects, are annoying for everyone.

Most owners have made any changes or wish to do so, but running around and the need to collect a bunch of inquiries has become a major obstacle.

Most often, people simply repaired without informing the relevant organizations, which made the sale of such housing extremely difficult or impossible, and since recently, the purchase of an apartment with illegal alterations has become available, but the need to legalize the changes has remained.

What's a remodeling?

In simple terms,Remodeling is a change in the configuration of the dwelling in which it completely or partially ceases to conform to the technical passport data.In practice, this means the demolition or reduction of partitions, the consolidation of two or more rooms into one room, the expansion of rooms by corridors, etc.

Remodeling and remodeling should not be confusedIf in the first case there is interference with the architecture, then in the second case there is a change in the state of engineering communications, the transfer or installation of additional parts of the water supply system, electrical networks, although there is a need to process alterations, problems and administrative prohibitions, in this case much less and to obtain the necessary permits is easier.

What Can't Be Done

Absolutely prohibited.:

1. Interfere in the state of the wall bearers.
2. Broaden the room area by means of a balcony with the dismantling of a part of the wall and the transfer of heating radiators to the balcony.
3. Combine a room with a kitchen in a soda apartment.
4. Change the location of the kitchen, the toilet and the bathroom by placing them over the living quarters of the neighbors at the bottom.
5. Transport water, gas, sewage, heating.
6. Installation of warm floors connected to the common home heating network.
7. Dismantling or cutting the vents.

When looking at an apartment, care must be taken to see what works have been done and to what extent they correspond to the list of permitted changes; if a reorganization prohibited by the existing legislation is found, it is better to refuse to buy; it is not appropriate to acquire an unsolvable problem; and it is unreasonable to hope for a "no" in such cases.

What actions are permissible?

Action permitted:

1. Not affecting load-bearing structures.
2. Doesn't change the heat or the water supply.
3. Those who don't interfere with the work of natural ventilation.

To date, if you choose to remove the inter-room door and leave the "naked" gap and remove the window between the separation room and the balcony, this is a remodeling! The Cadastral Engineer with the local BTI will certainly ask you to return the situation as it was or will have to legalize the reorganization through the court. A technical passport cannot be obtained without bringing the dwelling back to its original state.

It should be borne in mind that any actions of the owner require appropriate formalization and are considered illegal if carried out without the agreement of the competent organizations.

This is a considerable difficulty: there is no list of permissible actions, so the determination of the extent to which the reconfiguration is permissible is based on the principle of the opposite. On the one hand, everything that is not prohibited is permitted.

On the other hand, each official strives to minimize personal responsibility in handling questionable acts.

What are the risks for the new owner of the dwelling?

Buying a troubled apartment with your money may not have any consequences. Problems may arise if the dwelling is purchased in mortgage. Some banks look at such things easily enough, but for others illegal alteration is a risk factor.

For example, if an apartment is purchased in the Sberbank mortgage, it is possible either to give up the loan completely or to order that the situation be corrected within half a period of time.

The bank has the right to verify the condition of the dwelling and, if inconsistencies are found, may decide to terminate the mortgage contract by requiring early repayment of the loan.

After the remodeling, the de facto technical passport becomes invalid, which amounts to damage to the bank ' s bond.

All obligations to bring the dwelling into line with the existing legislation are on the owner ' s shoulders.The risks involved in buying a remodeled apartment are large enough — all possible problems are handed over to the new owner.

When purchasing an apartment that does not correspond to the real condition and documentation, it is necessary to understand the risks faced by the new owner.

Despite the phrases in standard contracts that the seller guarantees that there is no evidence of unauthorized reconfiguration (or conversion), the owner will have to solve the problem.

The purchase of a remodeled dwelling may create a situation where the transaction took place and the changes made were not acceptable, in which case the new owner would be obliged either to legalize the alteration, if possible, or to restore the condition of the dwelling in accordance with the BTI transport document.

It is possible to bring a claim against the previous owner, to initiate legal proceedings, but this is a different story: the avoidance of a contract for the sale of an apartment is not always a desirable option, and it will take a lot of time for litigation to take place.

In addition, the court often refuses to avoid the transaction on the grounds that the buyer inspected the apartment and agreed to the purchase as presented.

Illegal remodelling without harm to third parties is subject to a fine:

• For citizens, between 2 and 2.5 tons;
• For officials, between 4 and 5 tonnes;
• In the case of legal persons, the amount of the fine is significantly higher, ranging from 40 to 50 tons.

If someone's interests have been affected and damage has been caused, the fine will increase accordingly.:

• For citizens, up to 5 tons;
• For officials, up to 50 tons;
• For legal persons, up to 300 tc.

In addition to the payment of a fine, the owner of the dwelling is obliged to eliminate all changes or to legalize them in the current manner.

What do you do if you buy an apartment with an illegal remodeling?

The acquisition of a problematic dwelling gives the owner the need to legalize the reconfiguration by determining whether the modifications made are acceptable or whether the carrier structures and lines of engineering communications are affected. If the modifications made are permissible, the rear number changes must be formalized.

Normally, changes made by former owners are not unacceptable, as the BTI engineer examines the dwelling and the unacceptable actions will be noted immediately.

How to Legitimate Existing Changes

In order to legitimize the reconfiguration, it is necessary:

1. Collecting the primary documentation is the owner's certificate, the transport document, the personal account, an extract from the home book, and the written consent of all residents and neighbours.
2. To apply for remodeling to the municipal architecture department.
3. Attach to it a draft revision.
4. To agree on a project with the fire surveillance services, the SCW, Rossimnadzor.
5. Get permission from the architecture department.

Most of the certificates are paid, the tariffs are paid by each organization, which will also require some costs. Once a positive decision has been reached, the BTI engineer and the residents ' employees are invited to make changes to the transport manifest, after which the remodeling is considered legal.

QUESTIONS?

Buying an apartment with an irregular remodeling: Risks

• Any questions?Consult with a lawyer (free of charge, 24 hours a day, no weekend):
• 8 (800) 350-13-94 - Federal No.
• 8 (499) 938-42-45 – Moscow and Moscow Cloud.

8 (812) 425-64-57 - St. Petersburg and Len.

Many people want to increase their living space, but they don't always fix things that don't work with one interior design.

Then some start a major remodeling process, and it's only when it needs to be sold that it becomes difficult.

Or the reverse situation – the risks of buying an apartment with an illegal remodeling – are already emerging for the buyer.

The offence in article 7.21 involves the imposition of a fine for violation of the rules governing the use of accommodation, i.e. when work is done and they are not legalized, a person violates the law.

Step-by-step approach

It's not a big deal if it's done in accordance with the law and legalised, and you can get information about it by simply comparing the current BTI floor plan with the actual plan, but it also requires some knowledge to read such documents, so it's better to look at the specialists.

It's a little more complicated when there's a plan and there's no permit for it, in which case it's important that it be legalized in principle, which depends on the volume and composition of the work done.

The rules of housing law can't prohibit a transaction with real estate, so today there's an opportunity to sell an apartment with an illegal plan or to buy one, but you have to understand that a buyer like this will be burdened with both material and temporary expenses, and he'll have to change or legalize everything at his own expense, if that's possible.

Change in space 2023

The WC defines all repairs and divides them into groups:

• :: Requesting prior authorization;
• Not requiring authorization and harmonization;
• Simplified without a project;
• Model project and modified technoplans;
• prohibited.

What's the difference between a studio and a one-room apartment?

Does not require permission

Legislation differs in terms of restructuring and re-engineering, the latter may be carried out without consultation with the public housing supervisory authorities:

• Repairs that do not affect the load-bearing elements of the structure and do not carry out the dismantling work involved;
• Replacement of doors and windows without changing the size of openings;
• Installation of integrated furniture;
• Installation (dreaming) of a drywall partition;
• Replacement of engineering equipment with similar parameters and technical device;
• Transport to the other wall of the towel dryer in the bathroom;
• Installation of external antennas outside the apartment;
• Refurbishment of heating and gas appliances;
• Replacement of external facade structures without changing configuration.

Cannot legalize

Certain types of work are strictly prohibited (even if the neighbours have given their consent) because there may be a possible breakdown of the structure of the building:

• Transfer of wet areas (kitchen facilities, toilets) to other premises above the living rooms;
• Combining the residential area with the balcony and removing the batteries;
• Combining the kitchen with other rooms if a gas bar is used;
• Dismantling of internal partitions;
• Partial integration of the public home corridor;
• Locking or dismantling of the common ventilation base;
• Linking the "hot floor" to general communication.

Recommendation: On the last point, permission may be obtained from the managing company if the facility is located on the first floor or the last floor, depending on the heat supply pattern.

Risks and prospects

When a valid plan does not match the information in the BTI passport, it will be difficult to sell housing, and it will not be possible to formalize such a facility as a gift or to enter into an exclusion transaction with it, as the new owner will not be able to take over his rights.

If the dwelling has not yet been acquired through mortgage lending and a full settlement has not yet occurred, the bank may impose an obligation to return the original form.

There's a lot of different positions in banks, and there's a lot of them, and there's a lot of them that refuse any illegal changes, and there's people who are willing to take bail on an apartment, even with a red line.

Recording of changes

The legitimate implementation of the reorganization requires a permit, which requires the provision of a project to obtain the service.

Such a document could be prepared on its own if the changes were minor.

Or apply to the project company, which is a member of the self-regulating organization of the SRO and has all the necessary clearances to carry out the planned work.

How to formalize ownership of an IFC apartment

Additional training needs to be given to:

• A certificate of ownership or an extract from the EGRP;
• Project or design;
• The object ' s transport pass;
• Notarized consent of all residents;
• Conclusion of the SEC and the MES.

Background: If the premises are located in a building of national or international significance, permission from the organization for the protection of cultural and historical property will be required.

Approval or refusal

Once the work has been completed, an act is drawn up to be submitted to the BTI, where constructive changes will be made to the transport document, then the document will be issued or the applicant will be refused. The permit will be valid for one year, but if it fails to meet the required deadline, it can be extended by one month.

• If not all documents have been submitted or submitted to an inappropriate body;
• If the draft is not in conformity with the requirements of legal instruments.

In some cases, there are erroneous refusals to reconcile; in this case, it is worth mentioning and filing documents for re-examination or to apply to the court.

It's important to know that real estate is often subject to additional measures, or it's taken away from them, so you have to get a new document and you have to register the remodeling in Rosreestre.

Illegal activities

The law provides for penalties for unauthorized restructuring:

• Fines for citizens - 25 SMICs;
• The issuance of an order to remedy the violations;
• Repeated fine for failure to comply with a warning and trial.

By the way, when the interests of the neighbors are violated, the lawsuit may follow, for example, if there is a crack in the structure of the house.

The law allows:

• The sale of the facility to the public and with payment to the owner of the funds, except for the amount of legal costs;
• The cancellation of the social employment contract and the owner will be obliged to return the placement to its former form.

A reminder! A social hire is a transaction that gives citizens access to public or municipal squares on special concessional terms.

Remediation

When it is already possible to purchase an apartment with an irregular remodelling, the following actions may be tried:

1. It is not always possible to prove that the seller has misled – the filing of an action to render a transaction null and void or to reduce the cost of an adjustment. When the statute of limitations has passed, this option is not always possible.
2. To keep the apartment in its current state, a court application must be prepared. A construction report must be prepared stating that the building regulations, as well as the rights of third parties, have not been violated. In addition, the remodelling must be coordinated with the home manager ' s company, which has a residential home on its balance sheet and also with resource providers, in the event that engineering communications have been affected.

Which document confirms ownership of the apartment

Legislative system

Data from real estate agencies confirm that the availability of remodeling in most cases has an impact on the cost of the apartment. The seller makes reasonable discounts with non-harmonized changes. But only the new owner will be responsible before the law, and in any conflict with the neighbours, the home administration, etc., for illegal repairs.

In order to be 100% sure of the deal, if you buy a remodeled apartment, you have to make a thorough legal review of the documents, and you have to make a decision to protect your future assets from the risks listed above.

What's the risk of buying an apartment with an illegal remodeling?

MrHamster/Depositphotos

The managing partner of the Masukov and Partners Law Office, Murat Mazukov, is responsible:

The Civil Code, in paragraph 2, provides for seven separate formulations to declare a transaction null and void, none of which covers the case where a property is acquired with a free-of-charge alteration; accordingly, the transaction cannot be declared invalid only because of an unauthorized reorganization.

There is, however, one exception: the contract for the sale of an apartment due to a remodelling may be declared null and void (to be more accurately stated) in a case where the change of the apartment is so substantial that it is no longer the apartment that appears in the subject matter of the contract; yet the nuance: only the party to the transaction can bring an action for annulment on this ground; that is, if it is only a matter of combining the logia with the kitchen, no one will dispute the contract of sale.

Self-negotiation: easier than it looks.

Instruction: How to remodel?

The buyer may terminate the contract, but only in cases where he has been deprived of what he was entitled to when purchasing the facility (article 450 of the Civil Code of the Russian Federation).

For example, if it appears after the purchase of the apartment that the seller's hidden alterations have significantly reduced the value of the apartment, the buyer is entitled to demand termination of the contract and refund of the money.

But doing so is not easy because the law and jurisprudence require the buyer to "due diligence" before buying.

In other words, if you have not checked all the documents for the apartment and compared them to the actual state of the apartment, it is you who bear all the risks (the definition of the Habarovsky Regional Court of 18.12.2013 in case N 33-8104/13). It follows that, because of the illegal association of kitchens with Logia, the contract of sale cannot be declared null and void, and the likelihood of such a contract being avoided by the court is extremely low (1 per cent).

The director of the secondary real estate sales office, Est-a-Tet Yulia Simov, answers:

It's impossible to recognize a valid transaction because you're acquiring an object of real estate as it was examined before it was acquired. In order to solve the question of remodelling, you either have to legalize it or just put it back in place.

Do we have to legitimize a little remodeling?

Do we need to agree on the integration of the sanitation facility within the same boundaries?

Oxana Ivanova, Head of the Urban Real Estate Department, NPV:

The reorganization, even if not agreed or illegal (not in accordance with SN & I), cannot be the basis for the avoidance of the contract of sale or the invalidation of the transaction.

The new owner has the full right to legalize the reconfiguration by paying a fine for the fact that he or the previous owner failed to do so in a timely manner, without prior agreement; if the conversion is illegal, the original plan can be restored.

However, if the owner fails to do so, only a visit by the Gillins Inspectorate can lead to administrative liability (a fine).

According to the legal adviser to the Beljevo office of the Secondary Market Department, INCOM Real Estate, Maria Mareeva:

The sale of dwellings with irregular alterations is possible and the law does not prohibit transactions in such real estate.

At the same time, the purchaser of such an apartment should be aware that it is up to him to decide in the future, in accordance with the procedure established by law by the seller, on the reorganization of the dwelling and, in the event that the competent authorities refuse to agree on it, on the initialization of the dwelling, on the possibility of a substantial temporary and financial cost; in addition, the administrative code of the Russian Federation provides for a fine of between 2 and 2.5 thousand roubles for carrying out a voluntary restructuring of the apartment.

Is it possible to tear down the wall between the bathroom and the kitchen in the crunch?

Do you need permission for balcony glazing?

Answered by Anton Gusev, head of CRASS-Practica:

Combining the kitchen with the Logia is, in terms of article 25 of the Russian Housing Code, a remodeling, as it changes the structure of the apartment and requires changes in the technical passport of the dwelling.

In accordance with article 26 of the Russian Federation ' s Code of Criminal Procedure, the draft of such a re-planning must be agreed upon with the administration of the city of Himki; it must have been approved; the completion of the re-planning work is confirmed by the act of the receiving commission.

Remodelling without compliance with these procedures is autonomous and carries with it risks for the owner of the remodelling and for subsequent buyers as well.

For example, if the State Housing Inspectorate finds illegal alterations, the owner of the dwelling (even if it is a new owner and not the one who made the change) will be ordered to bring the dwelling back to its former state; it is also very likely that the owner will be fined.

If the owner does not bring the dwelling back to its former state, the court may decide to sell the apartment from a public tender. The money obtained from the sale (net of the cost of returning the dwelling to its former state) must be transferred to the owner.

In order to avoid such a development, it is necessary to bring the kitchen of the apartment back to its original state. In the particular case between the kitchen and the Logia, it is likely that there was not just a partition but a capital wall, so the cost of restoring it may be significant.

• Text prepared by Maria Gureeva
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The articles are not legal advice; any recommendations are a private opinion of authors and invited experts.

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What is this?

In accordance with article 25 of the Code of Criminal Procedure,Remodeling is the construction work during which the configuration of the room is changed.All changes must be made to the technical passport; the restructuring is carried out in accordance with the requirements of the law and is in accordance with the local government authorities.

ATTENTION:: If the owner of the dwelling has not obtained permission to carry out the work or has not agreed with the authorities on the changes already in place, the alteration is deemed to be illegal.

The complete list of work for which authorization from the authorities is required is listed in Moscow Government Regulation No. 508 which work requires mandatory authorization:

• Changes in the structures bearing the structure;
• Transport of rooms;
• Relocation of gas plates;
• The construction of ladders;
• Refurbishment of sanitation equipment;
• Dismantling and construction of partitions;
• Installation and dismantling of new engineering equipment;
• Dismantling or remodelling of floors and ceilings;
• Fixing and creating gaps between rooms and window openings;
• The creation of entrances and tamburas.

Do not require harmonization:

1. Cosmetic repairs;
2. Installation of built-in furniture;
3. Replacement of engineering equipment, if similar in technical characteristics and parameters to old equipment.

Look at the video about legalizing the remodeling of the apartment:

Main risks

Both parties – the seller and the buyer – are at risk in making a transaction with an illegal apartment.Buyer ' s risks:

• If the fact that there is an illegal re-engineering occurs after the purchase, the new owner has no choice but to work on how to reconcile the work with the authorities, which requires more time and money.
• Neighbors or hostiles may complain about the illegality of the old owner ' s actions, and the new owner will have to respond.
• In the absence of agreement with the authorities, the owner of the premises is liable to a fine and other penalties.
• Illegal alteration may threaten the safety of new tenants; if the work has not been agreed upon, it is not the fact that repairs have been made in accordance with all the building rules and regulations, which in turn may lead to a deterioration of living conditions.
• During the inspection of the facility, the commission may find that changes made in the premises are unacceptable, in which case the new owner will either have to put the room in its original form or spend the money to correct the defects and inconsistencies found, all at his own expense.

Risks on the part of the seller:

1. Concealment of an irregular reorganization may constitute grounds for avoidance of the contract of sale.
2. It will be difficult for the owner of such a troubled apartment to find a buyer for a long time, and not every person will want to buy a place to legalize the remodeling in which there are many places to go and invest.
3. If the illegal restructuring is discovered after the sale, the buyer may claim monetary compensation from the seller for the costs incurred in legitimating the repairs.
4. In order to sell real estate faster, the owner will have to reduce its value.

Benefits

Despite the risks involved, the purchase of such an apartment has its advantages.

1. First of all,Non-legalized housing may cost 10 per cent less than market priceThis is an excellent opportunity for the buyer to save on the purchase of real estate, even after the investment of additional funds to legalize the works, the new owner remains on the plus side.
2. Second of all,the flat has an individual rather than a generic layout.The demand for such housing is always high, and once the renovation works are legal, the new owner will be able to sell it more expensive.

Most banks don't approve of illegally converted properties.If the borrower ' s primary documentation is accepted by the bank, there are no documents for problematic housing.

There are many risks to the bank in making such real estate mortgages (see here for details about the characteristics of buying a mortgage).

For example, in the event of a loan debt and confiscation of a dwelling, the bank would have to spend its personal funds to legitimize the renovation in order to sell it quickly and return its money.

If the bank has approved such an apartment, the borrower is generally given a period (6-12 months) during which it is required to agree on all changes with the authorities; if the reconfiguration is not legalised, the creditor is entitled to terminate the contract unilaterally and to demand the early repayment of the loan.

IMPORTANT: The lender has the right to remodel the mortgage apartment, unless otherwise stipulated in the contract; most often capital works require agreement not only with the authorities and engineers, but also with the bank.

The owner is liable to a fine for carrying out the repairs on his own behalf.as provided for in article 7.21 of the Code of Criminal Procedure of the Russian Federation:

• A fine of 2,000 to 2,500 rubles (if the alteration was made in the apartment room);
• A fine of between 1,000 and 1,500 roubles (for owners of private houses).

Article 7.21 of the Code of Criminal Procedure: Violation of the rules governing the use of accommodation

1. The damage to, or misuse of, dwellings, housing units, as well as the destruction of their equipment, self-help and (or) the alteration or misuse of houses and (or) dwellings, is a warning or an administrative fine of between 1,000 and 1,000 500 roubles for citizens.
2. Self-restructuring housing in multi-family homes is subject to an administrative fine of between 2,000 and 2,000 500 rubles.

The consequences of an illegal reorganization are described in article 29 of the Russian Federation ' s Code of Criminal Procedure. When this fact is detected, the owner of the property is obliged to bring the object into its original state or to legalize the work through the court.

If the landlord doesn't do either,By order of the court, his apartment is tendered.As soon as it is purchased, the proceeds are transferred to the former owner, minus the money spent on legal costs and legalization of the alteration (or initialization of the property).

The purchase of an apartment with illegal alterations means an additional waste of time and money; such acquisition can only be justified if the procedure for legislating does not require much money and the apartment itself is sold below the market price.

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