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Rosreestr explained how to interpret the new law on redevelopment

Rosreestr explained how to interpret the new law on redevelopment

CrimeaPRESS reports:

Rosreestr specialists note Novostroy-Mexplained in detail how the new federal law regulating the procedure for redevelopment of premises will work.

In December 2023, Federal Law No. 608-FZ, developed with the participation of Rosreestr, was adopted, which improved the procedure for redevelopment of premises. The corresponding bill was prepared by deputies of the State Duma and subsequently finalized for the second reading, taking into account amendments by the Government of the Russian Federation. The corresponding changes to chapters 3 and 4 of the Housing Code of the Russian Federation will come into force on April 1, 2024.

The media began to spread false information about how the new law would work. To eliminate misinterpretation, Rosreestr decided to clarify the essence of the changes and dot the i’s.

The procedure for approving redevelopment does not change.

Rosreestr specialists note that the changes do not affect the procedure for obtaining approval for the redevelopment of premises in an apartment building or making a decision to transfer residential premises to non-residential or non-residential to residential. The procedure for registering redevelopment, as before, requires preparing documents and contacting a public authority, as well as making subsequent changes to the information about the premises in respect of which the redevelopment was carried out.

The law only clarifies the concept of redevelopment based on the current provisions of the Housing Code (Article 40). In particular, the concept stipulates what is the result of such work, and also that after redevelopment it is necessary to enter the relevant information into the Unified State Register (about the boundaries and (or) area of ​​​​the premises) or carry out state cadastral registration and registration of the right to the created premises.

In addition, the law determines from what moment the redevelopment is considered completed — in terms of purpose, boundaries and area of ​​the premises. This issue was not resolved before the law was adopted. It has now been established that such a moment is the entry of amended information into the Unified State Register of Real Estate.

Repair work does not need to be approved.

It is necessary to distinguish between types of construction work. Repair, reconstruction and redevelopment are different things. They are regulated by different federal laws and provide for different amounts of construction work and their legal consequences. In particular, repairs do not entail a change in the characteristics of the premises, and, accordingly, the need to contact Rosreestr. There is no need to approve repairs. But reconstruction and redevelopment are necessary, since they imply changes in the characteristics of the premises.

For example, redevelopment includes moving and dismantling internal partitions, installing doorways, adding or expanding a window, increasing living space through auxiliary premises, installing or eliminating additional kitchens and bathrooms.

Unlike redevelopment, reconstruction involves changing the characteristics and parameters of real estate: increasing or decreasing area, height or number of floors. For example, the construction of an extension to a residential building or an attic floor.

Reconstruction is carried out only on the basis of a building permit, which must be obtained before starting work.

There is no longer any need to make changes to the technical certificate of the premises.

Previously, it was stipulated that redevelopment is a change in the configuration of residential premises in an apartment building, requiring changes to the technical passport of the premises. With the adoption of the law, the connection between redevelopment and the need to make changes to the technical passport is excluded, which also simplifies the previously existing procedures. Now redevelopment represents a change in the boundaries and (or) area of ​​such a premises, and (or) the formation of new premises, including in the cases provided for in Article 40 of this Code, and (or) a change in its internal layout (including without changing the boundaries and (or) room area).

No new technical plan is introduced.

A number of media outlets wrote that the owner is obliged to obtain not only an acceptance certificate, but also a new technical plan from a cadastral engineer and send the documents to Rosreestr.

Rosreestr specialists explain that this mechanism was in effect previously, before the adoption of the new law. And it does not comply with the new provisions.

On the contrary, now a technical plan based on the results of the redevelopment must be prepared before receiving the acceptance committee’s act. This is necessary so that the authorized body (as a rule, these are local government bodies), after approving the acceptance committee’s act, can independently send to Rosreestr an application for state cadastral registration or registration of the applicant’s right to the redeveloped premises.

That is, after the redevelopment is completed, the applicant will no longer need to waste time providing Rosreestr with documents to make changes to the Unified State Register.

Predictions about the growth of the corruption market are unfounded.

According to Rosreestr specialists, there are no grounds for the growth of the corruption market for the approval of redevelopment, since the preparation of a technical plan is carried out on the basis of a contract concluded on the free market for cadastral works. These works are carried out both by cadastral engineers — individual entrepreneurs, and by commercial legal entities whose staff includes at least two cadastral engineers.

It is also groundless to talk about a possible increase in “illegal” redevelopments, since the law does not change the procedure for obtaining their approval. We remind you that reconstruction and (or) redevelopment of premises in an apartment building are illegal or unauthorized if they are carried out in the absence of a document confirming approval or refusal to approve the redevelopment, or in violation of the reconstruction and (or) redevelopment project.

According to Rosreestr, the introduced changes, on the contrary, will make redevelopment activities more transparent and guarantee the provision of reliable information to interested parties about the characteristics of such premises.

The issue of creating new premises during redevelopment has been resolved.

According to Rosreestr specialists, Article 40 of the Housing Code of the Russian Federation, from its very first edition, established that the consolidation of premises is carried out in accordance with Chapter 4 of the Housing Code, that is, in the order of redevelopment of premises.

Thus, the provisions of the Law are in fact not a novelty and do not create additional difficulties for owners of premises who decide to change the boundaries of their premises or create new premises in an apartment building.

The changes will allow you to avoid difficulties with selling an apartment or receiving an inheritance.

Rosreestr reminds that premises in apartment buildings are objects of civil circulation. Any purchaser of premises is interested in obtaining reliable information about both the purpose of the premises and its boundaries and internal layout.

As a result of apartment redevelopment, changes in the main characteristics of the property often occur. For example, due to the relocation, removal and construction of new wall partitions, the total area of ​​the apartment may change — both smaller and larger. Moreover, if the total area of ​​the apartment increases, its cadastral and market value will increase, and, accordingly, the real estate tax will also increase. In addition, such redevelopment will also entail changes to the graphic information about the premises (premises plan) contained in the Unified State Register of Real Estate.

An extract from the Unified State Register contains information about the main characteristics of the object, information about persons who have rights to the object, cadastral value, encumbrances and confirms ownership of real estate. If a situation arises related to the sale of an apartment or the receipt of an inheritance, and the Unified State Register contains data before redevelopment, then there will be a contradiction between the information contained in the documents submitted for registration (for example, about the area of ​​the apartment in the sales contract) and the information in the Unified State Register be a basis for suspending registration actions, department experts emphasize.

In this regard, the Law is aimed at protecting the property rights of citizens and ensuring the entry into the Unified State Register of Reliable information about residential and non-residential premises in apartment buildings in order to implement the civil circulation of such premises.

source: Novostroy-M

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