Sale of an apartment with unauthorized redevelopment. Sale of an apartment with redevelopment

Is it necessary to legalize redevelopment when selling an apartment?

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

If an unauthorized “redrawing” of the apartment’s area is detected by services settlement 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 with the restructuring - legalize it, the Housing Inspectorate, 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 -
  2. entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles.

  3. Unauthorized redevelopment of residential premises in apartment buildings -
  4. 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 redevelopments residential premises are regulated by the following legislative acts:

  • Art. , Housing Complex 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 something completely different, differing both in the configuration of the premises and even in area.

According to the requirements of legislative acts, changes to the apartment plan must be legalized before the sale, but in real life Stuff happens.

Is it possible to sell an apartment with redevelopment?

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 perfectly 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 - that's exactly how it should be.

Official approval of changes to the housing plan is the only legal way, and the sequence is important: first, approval from all interested services, then carrying out construction, installation and repair work, then obtaining new passports for the apartment (technical and cadastral).

You may also need to obtain a new certificate about ownership, if as a result of the whole undertaking the ratio of residential and usable space changes.

However, only such a difficult path is the only true one and ensuring the hassle-free sale of residential real estate at a higher price.

If the alteration is not legalized

Is it possible to sell an apartment with unauthorized redevelopment? It happens that residential premises are offered in apartment buildings with unauthorized interventions, 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 you yourself will have to go the whole way 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 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 do not try to hide the presence of alterations in the home from the future owner.

Prices for such real estate are reduced by 20 percent, and this difference is much higher than the cost of registration.

The owner must, with the help of an experienced realtor who is not interested in conducting the sale and purchase, in consultation find out real prospects.

A specialist will tell you whether the alteration has been completed.

Simple modification options the houses 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, due to living rooms;
  • associations with either a room or a 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 chance of being caught: this will happen if a new technical passport is required, and BTI workers, when taking measurements, identify 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 of the redevelopment. 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.

But there is a reason to choose this option in order to avoid the risk of being fined or losing your property altogether, because then you will still have to deal with this issue, and the sanctions are different.

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.

One-room residential properties and new fashion trends are attracting particular attention from regulatory authorities. making a studio apartment is a risky move, unless approved by specialists.

Possible difficulties

Converted dwellings, even if they have significantly increased in terms of comfort, shouldn't offer for those who are looking for living space: such numbers do not work with banks. Difficulties during the sale may arise of the following types:

  • there is a danger that you will need a new technical passport, and a visit by BTI workers will immediately reveal the presence of discrepancies in actual sizes;
  • depending on the scale of intervention in bearing capacity the entire building You might even lose your home, if you do not return everything as it was within the prescribed period;
  • buyers will demand provide a significant price concession;
  • 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.

For simple alterations that do not affect inter-apartment or load-bearing walls, ceilings, columns, rigidity diaphragms, you can sell the apartment, giving the buyer a reasonable amount.

It is more profitable to legitimize 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 unauthorized alterations to your home.

You can learn about the problems when selling an apartment with redevelopment of the apartment from the video:

Is it possible to sell an apartment with illegal redevelopment? A question of interest to many owners who have decided not to bother with formalizing the results of the redevelopment. By general rule Such apartments cannot be sold. This will be regarded as grounds for invalidating the transaction. But what options are possible under the law to make a safe transaction?

Changing the layout unofficially is prohibited by law. There is liability for this, including criminal liability, which depends on the consequences of such a change in layout. The most common sanction is an administrative fine.

However, liability is not the whole list of problems associated with the illegal change of the technical plan of the premises. Problems may also arise in connection with the sale of an apartment. They are mainly related to price and design problems. But the main problem is finding buyers. Many of them are interested in whether the redevelopment is legal. After all, buying an apartment with such a layout can lead to undesirable consequences.

In this sense, the following features of an apartment with illegal redevelopment are distinguished:
  • responsibility for an illegal change of layout falls on the owner, that is, on the buyer after registration in his name;
  • the sale of such an apartment without notifying the buyer of the fact of illegal planning may become grounds for cancellation of the transaction;
  • notifying the buyer about such a feature of the apartment may cause a noticeable reduction in the price of the apartment;
  • such an apartment cannot be sold or bought with a mortgage, since the bank does not get involved in such cases and does not allow this without permission from its side.

Apartments whose redevelopment is legalized and have all the documents about it are valued at 10 percent more expensive than the average apartment with the same square footage.

At the same time, housing with illegal redevelopment immediately reduces the price by at least 10% if a potential buyer becomes aware of this fact.

For this reason, the owners of such premises prefer to contact real estate organizations so as not to have to deal with problematic and meticulous buyers. But such organizations do not always carry out their responsibilities in good faith and can hide from potential buyers the fact of illegal changes in the layout of the premises. After all, they will receive their commission, and in the future the seller will have to deal with the buyer himself.

Federal laws do not directly prohibit the sale of such an apartment. If no one ever finds out about this fact, then problems may not arise. But there are times in life when responsible people, for example, neighbors who are concerned about the integrity of the structure of a residential building, can contact the appropriate authorities. And they will be right, because often entire entrances collapsed as a result of poorly executed redevelopment.

But what to do in such cases? How to avoid problems when selling an apartment? Many people first ask these questions, and then begin to think about whether the redevelopment needs to be legalized. Appraising an apartment greatly helps sell it.

Since the sale of an apartment with illegal redevelopment can cause many problems for both the buyer and the seller, it is recommended to act exclusively within the law and not hope that no one will ever find out about this fact. At least the buyer will know about it anyway. So it is quite possible that the deal will be cancelled.

The procedure for selling such an apartment within the framework of current legislation is as follows:
  1. First of all, it is necessary to legalize the redevelopment in order to avoid subsequently recognizing the purchase and sale transaction as invalid.
  2. You need to request from the BTI (technical inventory bureau) an extract from the current technical plan of the premises, which is reflected in the cadastre documents issued for this apartment.
  3. Via the Internet or directly to the State Property Committee ( state cadastre real estate) need to get cadastral extract, where all technical features current layout.
  4. With these documents, you need to contact the architectural service of the local administration or an independent design organization to create a new redevelopment project.
  5. The project must be agreed upon with the administration, and copies must be submitted to the fire and sanitary inspection authorities.
  6. After receiving the consent of the administration, the approved copy of the project must be transferred to the BTI to make appropriate changes to technical documentation premises.
  7. Having paid the fine when registering a new plan, you need to obtain an extract from the BTI, which reflects the changes made as a result of illegal redevelopment.
  8. The sale is carried out by conclusion ordinary contract about the purchase and sale, certified by a notary.

Buyers, in turn, after concluding the transaction and when the apartment has already been purchased, must register the transaction with Rosreestr and re-register the apartment in their name. After this, nothing threatens the legality of the transaction. However, without approval from the administration, legalization is impossible.

Not in all cases, the legalization of redevelopment goes so smoothly. To obtain official status, a new floor plan must comply with legal requirements and building codes. apartment buildings.

If the administration considers that it is unacceptable to make such changes to the design of the apartment, then by a court decision the owners may be forced to return the previous layout at their own expense. Owners can defend their rights in judicial procedure. The same procedure is used to legitimize redevelopment if the administration refuses to approve the design documentation.

If the redevelopment of the apartment is not legalized, then responsibility can no longer be avoided. The minimum sanction for such a violation of the law is administrative liability. It is expressed in monetary fine, which is assigned in the range from 1 to 2.5 thousand rubles.

The fine is small, so paying it to legitimize the layout should not be difficult.

To accept responsibility and begin the formalization process, you must:
  • contact the BTI;
  • specialists from the specified organization take measurements and compare the changes made with the technical plan from the BTI;
  • a report of non-compliance is drawn up;
  • it is handed over to the administration, after which a fine is imposed on the guilty owner.

After paying this fine, you must contact the BTI again and carry out the procedure described in the previous section.

After the new apartment plan approved by the administration is submitted to the BTI, it will carry out the following actions:
  • will make appropriate changes to the official technical data of the apartment;
  • draw up a registration certificate for the premises again;
  • evaluates changes in order to establish a new inventory value.

The assessment, however, can also be carried out by the cadastre. This procedure can be carried out evaluating company, but only after BTI draws up the technical documentation again.

After all, to conduct an assessment with private organizations, it is necessary to submit all documents for the apartment, including technical ones. However this assessment does not in any way affect the purchase price of the remodeled apartment.

Is it possible to sell an apartment with illegal redevelopment?

If the owners nevertheless decide not to formalize the redevelopment, but to sell the apartment with an illegal plan, then they need to take into account two basic rules that will allow them to avoid problems in the future:
  • you need to act honestly and inform the buyer;
  • include a clause in the purchase and sale transaction regarding the informal redevelopment of housing.

This approach will secure the transaction, although it is unlikely to protect the buyer from liability in the future. For this reason, many buyers do not want to deal with an apartment where redevelopment is not legalized, or they demand a price reduction.

It is very difficult to negotiate in such cases, since the buyer will insist on the maximum reduction in price, and the seller wants to sell the apartment at the most profit. How to sell an apartment with redevelopment in this case?

Myths of both the seller and the buyer when selling an apartment with redevelopment can be dispelled by professional participants in the real estate market. As a rule, they keep records of all real estate sold on this moment, including apartments with illegal layouts.

They can indicate non-average market prices for such housing and assure buyers and sellers that a particular price is acceptable.

Today in the real estate market, realtors know how to check the degree of alteration and determine the following categories of apartments with illegal layouts depending on the degree of permissibility of the changes made to them.

So, they distinguish:
  • simple alteration;
  • complex rework.

As a rule, premises with simple alterations do not fall much in price and their sale does not cause any special problems.

This alteration is characterized by the following features:

  • moving doors in load-bearing structures;
  • relocation of some non-load-bearing structures;
  • dismantling decorative planning elements and incorporating new such elements;
  • changing various openings without changing their size;
  • decorative changes to non-load-bearing structures.
In turn, a complex layout, which is essentially illegal, is characterized by the following features:
  • change in the area of ​​non-residential premises;
  • combining other rooms with a balcony;
  • the presence of doorways not specified in the current plan;
  • dismantling window sills, widening existing openings;
  • relocation of gas equipment;
  • combining several rooms.

Selling such real estate is quite difficult. The required discount to convince the buyer can exceed 20%, which is not entirely profitable, given the fact that official registration will cost much less.

For rearranging gas equipment, in addition to the specified fine for illegal redevelopment, you must pay a fine for unauthorized change in the position of gas equipment.

As a rule, redevelopment is carried out to increase the level of comfort in housing. However, this does not always have a positive effect on the price of real estate. Such real estate cannot be sold at all to those who buy housing with a mortgage. Banks immediately notice such nuances and will never agree to take a remodeled apartment as collateral.

A mortgage for an apartment with illegal redevelopment is almost never issued. Change of plan mortgage apartment carried out in a special manner.

In addition, when selling an apartment with an illegal layout, the following difficulties may arise:
  • if the technical plan was made more than 5 years ago, then it is almost impossible to avoid liability for unofficial redevelopment during the sale;
  • if the changes made are not permissible in accordance with the law, the owners risk losing their housing;
  • the buyer can offer a price much lower than the average market price;
  • the transaction will be declared invalid, which will entail the return of money and the apartment to the previous owners;
  • The buyer can challenge the transaction at any time and refuse it altogether.

If the redevelopment is simple, then you can not carry out registration, but give a small discount to the buyer within 5–10% of the average market price. Registration costs can range from 50 to 100 thousand rubles, so you need to proceed from the specified amount. They can buy an apartment without it, but the result depends on which buyer you get. You still need to assess all the risks.

With a little time you can save a lot of money. For those who want to sell the premises as profitably as possible, it is necessary to carry out legalization.

If the alteration is of a complex type, then you cannot do without re-registration. The purchase of an apartment with illegal redevelopment is rarely carried out by a competent buyer, and banks or real estate organizations rarely contact the owners of such premises. For this reason, if the load-bearing structures in the apartment are changed or gas equipment is affected, then it is better to formalize all this through authorized bodies or court.

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.

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 decision for both parties - 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. All subsequent risks fall on the buyer, and they can be very large. It may turn out that the changes cannot be legitimized. 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 registration certificate containing Full description premises. Future work is planned based on it.

Coordination of some actions with firefighters and water utilities is required. This applies to cases where engineering Communication. 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 rights and consent of the remaining owners to new layout, if any. Having collected everything necessary, the owner goes to the city administration. He writes there.

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 legalization rules after the changes and approval are not very large, Required documents 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.

After the planning is approved by the regulatory authorities, a specialist from the BTI is invited to inspect the premises and draw up new documentation. Adjustments are made to the plan and cadastral passport. Before you sell the property, you must take extracts from these updated documents.

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. It is written statement of claim, the sample can be downloaded. 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 threatens the owner is administrative fine 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 to property or health of other persons is caused, 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).

Unauthorized redevelopment refers to illegal actions and attracts legal consequences for the owner. A ban is imposed on real estate transactions, the apartment cannot be sold, and no other transaction can be completed. This convinces and makes you understand whether it is necessary to legalize the redevelopment of your own apartment when selling.

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.

And they are analyzed in more detail by our editors in special posts.

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Apartments are quite a complex undertaking, so we recommend that you approach the issue of buying or selling property very carefully. The main thing is that after acquisition the new owner can carry out the work carried out on it.

In this article we will talk about what to do if a premises was purchased with illegal redevelopment.

But if the redevelopment is discovered by the new owner, he will have to go through the entire process of approving it, regardless of who was involved in the implementation.

Then the owner has several options: collect all the documentation for the redevelopment in fixed time and legalize it or return the apartment to its original condition, as reflected on the document, in accordance with the instructions. Under certain conditions, it is possible to legalize redevelopment " backdating", or as planned.

ACTIONS IN THE CASE OF PURCHASING AN APARTMENT WITH ILLEGAL REPLAYING

Of course, in order not to be deceived, we advise the future owner to get his hands on floor plan BTI is still at the stage of purchasing an apartment in order to compare the condition of the premises with official documents. Then you can avoid problems in the future.

However, if you nevertheless bought an apartment with illegal redevelopment, we recommend that you evaluate the amount of work performed, find out whether there are activities that are considered unacceptable, as well as work to change the load-bearing structures. If there are none, then you can agree on the redevelopment “retrospectively” or as planned.

Why is that? The fact is that when completing a redevelopment involving the load-bearing walls, the apartment is visited by an engineer from the author of the house project in order to assess the condition and draw up.

If, during the redevelopment of the premises, it was arranged, it is obvious that then it will not be possible to approve this redevelopment as planned and the owner will be responsible for the illegal actions of the previous tenant as expected: he will receive,.

PROHIBITED EVENTS

The situation may become more complicated if it turns out that during the redevelopment, measures were taken that, in principle, cannot be coordinated.

What events exactly? we're talking about? Expansion or transfer of wet rooms to residential areas, dismantling of load-bearing partitions and kitchens, dismantling or cutting of ventilation ducts, enclosure in walls without access.

It is not permissible to combine gasified kitchens with rooms, or create heated floors with water heating from the water supply system.

You can read more about such events in the article “ ».

If such measures were present in the redevelopment, the owner will not be able to coordinate them and he will be obliged to carry out a redevelopment that returns everything to its place, and this can cost a lot of money.

BUYING AN APARTMENT WITH ILLEGAL RE-PLANNING OFFICIALLY

Yes, there are cases when the buyer and the owner agree with each other and the apartment is purchased with the knowledge that there are uncoordinated measures in it, however, when buying an apartment on credit, problems with the bank may arise.

Most organizations refuse such transactions due to the fact that, according to housing code If the owner does not approve the illegal redevelopment, the executive authorities have the right to seize the area through the courts.

When the buyer still manages to get the go-ahead from the bank for the purchase, he signs an obligation to complete the purchase within the prescribed period, which can be from six months to a year.

This is very inconvenient, as it may turn out that the redevelopment includes unacceptable measures. Then carrying out reverse redevelopment and its registration may require more time and money.

SALE OF AN APARTMENT WITH ILLEGAL REPLAYING

As for people who are planning to sell their real estate, then in fact, the legal sale of an apartment with illegal redevelopment at the usual price is practically impossible.

Most often, such apartments are sold with significant price concessions, so the best option for the owner - approval of the redevelopment carried out before the sale, and even better immediately before the events. Moreover, selling an apartment with an agreed redevelopment is obviously profitable, since such apartments are about 10% more expensive.