How to make alterations to the apartment

Irina Pustovitenko, Partner, law firm of Law Alliance, "Never forget the feeling of indignation and visit me when I came in in the process of repairing the apartment of his grandmother and I first saw this apartment demolished by internal partitions. It is not flat, and not even living space. This is the area. Square. Somewhere 7 on 7: Who thought of to do in such a "patch" a full one-room apartment: in the hallway, bathroom, living room, kitchen and balcony!? Thousands of our citizens live in apartments with kitchen, in which there is no place where you can place a refrigerator. Nevertheless, after the "redesign" the horror turned into a neat little apartment. In which can be even a relatively comfortable life. And just as happy. Therefore, the scale of spontaneous redevelopment of old housing apartments for the past few years, especially in the pre-crisis years of the construction boom, has acquired a fairly wide scale. Interestingly enough, many new buildings happy owners who bought an apartment at the stage of building a house, even before it is put into operation bought an apartment redevelopment project, taking into account their own tastes and needs. And the legislator understands the scope of the problem. What to date normative acts regulating issues related to the redevelopment of apartments? First and foremost, it is the Civil Code of Ukraine. According to Part 2 of Art. 383 Civil Code of Ukraine apartment owner may, at its sole discretion, to repair and changes in the apartment submitted to it for use as a whole, provided that these changes will not lead to violation of the rights of owners of other apartments in tenement apartment building and do not violate the sanitary requirements and operating rules at home. Nobody can abolish the rule of the Housing Code of Ukraine (Article 152 LC, Ukraine), according to which the redevelopment and renovation of residential homes (apartments) owned by a citizen the right of property shall be exercised with the permission of the Executive Committee of City Council. In addition, the acts and Order Goskomzhilkomhoza from 17.05.2005 № 76 "On approval of rules of detention homes and houses adjoining territories," according to which elements of a redevelopment understand the transport and dismantling walls, transfer and installation of door apertures, the device and the rebuilding of vestibules, an addition balconies at first floor apartment buildings. For permission to redevelop Order except obtaining permission of the Executive Committee requires the owner to get even consent of the owner of a house. Nevertheless, the "fresh" Order of 30.09.2009. "Some of the issues of granting permits for the preparatory and construction work, the Cabinet of Ministers of Ukraine approved a list of construction work on the implementation of which does not require a permit (№ 1104). These works include the redevelopment of flats in apartment buildings and public facilities with preservation of the supporting structure, without exceeding the allowable loads on the floors, walls and foundations subject to the existing architectural and planning requirements of state building codes, urban construction rules. According to 3.2 of the Regulations on the procedure for technical inventory of real property, approved by Order Goskomstroya, Architecture and Industrial Policy of Ukraine 24.05.2001g. in the wording of the Order of 01.06.2010. № 582/5773, does not refer to the unauthorized construction of apartment buildings, dormitories: rearrangement associated with an increase in residential or ancillary areas at the expense of dismantling the partitions (except for large-panel houses), store, demolition of furnaces, fireplaces, stoves, cabinets, without changing the destination premises, without disturbing the supporting structures, glazing of balconies and loggias, reduction or ancillary residential area due to insulation and wall decoration, arranging, or close the door slots in the inner walls of non-capital (with the exception of large-panel buildings); rearrangement of equipment within the designated areas. So, starting to redevelop the apartment, you should keep in mind that today is allowed to increase the area of ??the bathroom by combining the bathroom and toilet, as well as accession to the corridor, increase area of ??living rooms through the corridors and ancillary rooms, arrange the room and adjacent to her kitchen kitchen-dining room, cut through between the various rooms openings in the walls, unless they are carrying, to bear a loft and cupboards and pantry to increase the living area, removed part of the parapet walls of the room for the device passes to the balcony. However, the forbidden: to increase the area of ??toilets, bathrooms at the expense of residential premises; Merged loggias and balconies to other rooms through the disassembly of the outer walls (regardless of whether the last carrier; Move a loggia and balconies radiators; Combine apartments in the vertical direction full or partial dismantling of intermediate floors; Delete acoustic insulating ground floor; Remove the vents and ducts; dig cellars, build an extension to the apartment on the ground floors of apartment buildings. If you still decided to redevelop an apartment and plan to get a permit, please be patient , time and money. The procedure for obtaining permission to redevelop the apartment, as a rule, provides: 1. for permission to develop project documentation to redevelop an apartment (depending on the region - is the executive committee of the local council, local / regional administration). The statement, in which the reasons for redevelopment, the Customer makes a copy of a certificate of ownership (perhaps you require a notarized copy), copy of registration certificate BTI, a floor plan, certified by Zhao or the owner of the house; conceptual design alterations, photo and graphic image of the object, Zhao agreed to implement work on the redevelopment, a document certifying the consent of the tenants (owners, tenants) to work on the redevelopment. 2. redevelopment project you must order the organization having a license. Project documentation agreed with the district SES, Fire Service, Zhao, sometimes - the main architect of the district and utilities. 3. The next step - getting permission to perform construction work directly. 4. Finally, if you have not yet been exhausted strength, you can proceed directly to implementation of their plans, translating "castles in the air" in a real plane and implementing redevelopment as such. Conclusion of a contract with the construction company makes further adoption of the facility. 5. After the adoption of the object and the approval of this Act a local authority BTI inventory and produces a new data sheet on the premises, which is passed to Zhao. Experience shows that when sufficiently persistent implementation of the Customer activities to implement this procedure, the deadline for receipt of all documentation, on average takes about a year. With some simple changes in design space - about six months. Specialized firms usually indicate a period of 3 months. The price depending on the subject of redevelopment will be designated by such from 3 thousand conventional units. In Kiev, some projects the cost of such services amounted to 30-40 thousand dollars. And yet, many of you are advised to refer it to a specialized firm. With a good reputation. They say that not every "death" of forces go it alone. So it is necessary to calculate power. If it did you decide to first make alterations, and to legitimize it after the fact, remember that every year this procedure is becoming more regulated and at a reasonable cost it becomes increasingly difficult to pass. During a certain period it was fashionable to legalize alterations made by the court. However, fashion is changeable, and the risk to pass, as was the fashion for legitimizing the court samostroev on canvassing local councils to make in the interests of a particular person is or otherwise. The practice of increasingly goes to the fact that the court is not entitled to substitute its own decisions decisions of authorities or local governments, which take a function within its competence, they are endowed by the Constitution and laws of Ukraine. And finally - if there is a violation, shall be provided for and punished for it. What is responsible for the violation of the redevelopment of residential premises provided by the current legislation of Ukraine? Article 150 of the Administrative Code of Ukraine: the unauthorized conversion and redevelopment of residential buildings and premises and their use for other purposes, damaging houses and premises, their equipment and facilities improvement entail a warning or a fine on citizens of one to three minimum tax-free (from 17 to 51 UAH.) incomes, and warnings. If in the process of redevelopment and renovation of the apartment you have made the unauthorized change in architectural form the house or building (for example, built a small veranda in the Venetian style to your window on the first floor of a multistory building), you could apply the rule of Article 97 of the Administrative Code of Ukraine - a fine of between five and ten non-taxable minimum incomes of citizens. And finally, for any detection of your work without permission you are sure to made aware of the fact that Law of Ukraine from 13.01.2011, N 2924-VI The Criminal Code amended Article 270 (1), under which the intentional destruction of or damage to housing and communal services, if this led or could lead to an inability to use, disruption of objects, which caused danger to life or health, or property damage on a large scale, is punishable by a fine of one hundred to two hundred fifty non-taxable minimum incomes, or correctional labor for up to two years, or restraint of liberty for up to three years, or imprisonment for the same period. The same actions committed repeatedly or dangerous way, is punishable by imprisonment for a term of three to eight years. If these actions have caused property damage on a large scale or death of a person or other grave consequences, they shall be punishable with imprisonment for a term of five to twelve years. (In this case under the objects of housing and communal services in this article should be understood housing, facilities improvement, heating, water and drainage, as well as their network or components (manhole covers, grates on them and so forth). property damage is caused in large amounts, if direct losses are the sum of three hundred or more times higher than non-taxable minimum incomes of citizens, and especially large scale - if the direct damages amount to a thousand or more times higher than non-taxable minimum incomes). Actually speaking, without going even in such severe consequences, which in most of the replanning and refurbishment of flats in principle can not be the case, do not forget that life is life, and you may need to sell the apartment to give her children or make it other civil transactions, and then if your changes have not legislated, to correct the situation in a short time can be very problematic. The article was published in the journal Building Business