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Perepelchenko Anatolii

Deputy Managing Partner

Lawyer, specializing in real estate, corporate, tax, civil and contract law, as well as litigation.

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DO I NEED TO LEGISLATE THE REFURBISHMENT IN THE APARTMENT?

Legalizing any changes to a residential or non-residential area can take a lot of time, money and nerves. But what can be the consequences of not doing so? This is a difficult process, but the Law Firm “Prikhodko & Partners” will help you understand and solve this problem.

 In mid-December 2017, the Cabinet of Ministers amended the rules for the redevelopment and conversion of residential or non-residential premises. Previously, redevelopment requires the permission of the State Architectural and Construction Inspectorate, and now it can be carried out without permission, unless it concerns interference with load-bearing structures. So, to begin with, we need to figure out what the redevelopment of the apartment.

 Redevelopment is a complex of repair and construction works, which are aimed at changing the characteristics of the object (real estate) after the house is built. In other words, any changes that were made after the house was built and handed over to residents are considered redevelopment. Preparation of documents takes approximately 5 to 20 days. Remodeling is a change in the structure of engineering equipment inside the apartment: installation of individual heating, transfer of the heating system, plumbing and gas appliances, arrangement of ventilation ducts in bathrooms and kitchens.

There is also a reconstruction – this is when there is a change in the engineering systems, load-bearing structures and façade with regulatory requirements. Preparation of documents for reconstruction takes approximately 1 to 3 months.

How is the process of legalizing redevelopment or reconstruction going?

To begin with, you should prepare a redevelopment project, but if the changes are minor, then you do not need to do it, but only an architect, a BTI engineer, or a lawyer can tell you. After redevelopment, the basic parameters of the object may change, most often it concerns the usable area of ​​the apartment – this is the total area without balconies and loggias. After you have done the redevelopment work, for example, cut a hole in the load-bearing wall, you need to make these changes to the technical passport of the dwelling (facility). You need to invite an inspector (engineer) of BTI for inventory, who has a certificate that entitles you to measure the area. Next, he will need to produce you a new passport with the belongings there brought into your home and conclude that there is no action on redevelopment. After you have the data sheet, certificate (conclusion) in your hands, you need to contact a notary public or a state registrar to make changes to the State Register of Real Property Rights.

If you didn’t, and you needed to sell the apartment immediately, what should you expect?

You will be hard pressed to find a buyer for such a home, it would be good to lower the price to cover the costs of legalizing the redevelopment, as these costs will fall on the new buyer.

What is the risk of buying an apartment with illegal alteration?

There are several points that you will not be able to legitimize: the addition of a balcony on the facade of the house or the demolition of the load-bearing wall without strengthening, etc. Therefore, before buying such a home, consult with experts who will tell you whether it is possible to legalize this redevelopment.

So what can be the consequences of not legalizing the redevelopment:

  • You will be forced to pay a fine and legalize redevelopment;
  • Without properly executed documents, there may be difficulties with the alienation of your real estate (sale, gift, inheritance) since the area of ​​the real estate after reconstruction will not correspond to the area specified in the title deed (extract from the Unified Register of Real Property Rights or Certificate of Ownership ).

 In our practice, there have been cases where people have approached us and asked to rectify the situation, after the “quick” builders work on redevelopment. Correcting other people’s mistakes is very difficult, but Parish & Partners Law Firm can help with this.

There are many rules for legalizing redevelopment in residential buildings, new buildings, and homes that are under construction. You can turn to the experts of our company for quality advice.

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