The State Duma of the Russian Federation spoke about the pitfalls in apartment redevelopment
CrimeaPRESS reports:
Due to illegal redevelopment, the apartment may be sold at auction. What risks exist, he explained in the commentary “Russian newspaper» Chairman of the State Duma Committee on Property, Land and Property Relations Sergei Gavrilov (fraction of the Communist Party of the Russian Federation).
According to him, on the one hand, there was a simplification of the registration of the results of the redevelopment. That is, the owner notifies the administration about the completion of the redevelopment and quickly receives an extract from the Unified State Register of Real Estate (USRN), confirming the changes.
In fact, the principle of “one window” in the design of redevelopment began to work,” Gavrilov clarified. — And now the responsibility for submitting documents to Rosreestr is assigned to the body that coordinates the redevelopment.
Thus, the administration at the location of the property is responsible for this, and the owner of the apartment does not have to go anywhere again.
What should be done
However, there is a procedure for registering the redevelopment of premises in an apartment building, the parliamentarian added. “It is necessary to prepare a package of documents (for example, a technical plan) and an appeal to the administration, as well as making subsequent changes to the USRN information about the premises in respect of which the redevelopment was carried out,” Gavrilov explained.
So, after the redevelopment, it is necessary to enter the relevant information from 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 this case, the redevelopment is considered completed from the moment the changed information is entered into the Unified State Register.
What types of construction work require approval from the administration?
It is important to distinguish between the consequences of construction work,” the deputy explained. — The repairs and redevelopment carried out have important differences at the stage of legitimizing these procedures.
For example, simply repairs do not entail a change in the characteristics of the premises, then this is not a redevelopment and there is no need to coordinate the repairs, the head of the committee clarified.
And redevelopment, he continued, is necessary, since it presupposes a change in the characteristics of the premises.
This:
- moving and dismantling internal partitions,
- arrangement of doorways,
- adding a window or expanding it,
- increase in living space due to auxiliary premises,
- installation or elimination of additional bathrooms.
What not to do
It is strictly forbidden to demolish load-bearing walls, dismantle a ventilation duct or cut an additional window on the façade of a building, — the deputy emphasized. — Not only can this pose a danger to all residents of the house, it will be necessary to pay a fine, and the demolished wall will have to be rebuilt, the dismantled ventilation duct will have to be restored, etc.
Despite this, in most cases, apartment owners still restore the original layout, he said.
After all, if they refuse to do this and ignore the court’s decision, they will be breaking the law. And in this case, the matter may end in the forced sale of the apartment at auctionthe deputy warned.
Technical plan nuances
If the apartment was remodeled, then after its completion you need a technical plan of the apartment. To prepare it, according to Gavrilov, it is necessary to conclude a contract for cadastral work with a cadastral engineer who is a member of a self-regulatory organization of cadastral engineers, or an organization that has a cadastral engineer on staff.
The technical plan is prepared in the form of an electronic document and certified by an enhanced qualified electronic signature of the cadastral engineer.
Innovations
From April 1, the owner of the premises, after completing the redevelopment, no longer needs to waste time providing Rosreestr with documents to make changes to the Unified State Register of Real Estate, the parliamentarian noted.
Now, after completion of the redevelopment, it is necessary to send a notification about the completion of the specified work to the administration or through the MFC.
Redevelopment (reconstruction) of an apartment is confirmed by an act of the acceptance committee, which contains, among other things, information on the compliance or non-compliance of the work performed with the requirements of regulatory documentsexplained the head of the committee.
The fact is that now interdepartmental information interaction is very developed, so the local administration sends to Rosreestr an application for the implementation of state cadastral registration and (or) registration of property rights and documents thereto.
Gavrilov believes that the introduced changes will make redevelopment activities in premises in apartment buildings more transparent and will guarantee that interested parties are provided with reliable information from the Unified State Register of Real Estate about the characteristics of such premises.
Why do you need to register?
Why do this and why do you need to formalize it all?
If you decide to sell an apartment, then any buyer is interested in receiving reliable information both about the purpose of the premises, as well as about its boundaries and internal layout“, the deputy explained. — If you did not formalize anything and did not notify anyone, there will be no entry in the Unified State Register of Real Estate, therefore the information in the extract about the object will be unreliable and even over time such a transaction can be challenged on this basis. In addition, for example, with an illegal reconstruction, it is impossible to sell an apartment with a mortgage.
What happens if you don’t approve the redevelopment on time and postpone this process? Then, in response to an application to draw up an act of completed redevelopment, which was carried out without a decision on its approval, in any case, the owner will be held administratively liable in the form of a fine, Gavrilov warned.
source: «Russian newspaper»
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