Fine for a removed door: the concept of “redevelopment” has been changed in Russia
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Its definition has become much broader
The entry into force of amendments to the Housing Code and a number of other federal laws from April 1 will change the concept of redevelopment: now this definition has become much more detailed. As a result, some things that were previously considered “reconstruction” have become precisely redevelopment that needs to be legalized.
The definition of the term “redevelopment” in the Housing Code of the Russian Federation has changed noticeably. If in the current residential complex this is “a change in configuration that requires a change in the technical passport of the premises in an apartment building” (Clause 2 of Article 25), then the definition that comes into force is much more detailed.
“Redevelopment of premises in an apartment building is a change in the boundaries and (or) area of such premises, and (or) the formation of new premises <...>, and (or) changing its internal layout (including without changing the boundaries and (or) area of the room). As a result of the redevelopment of the premises, the boundaries and (or) area of adjacent premises may also be changed,” this is exactly the new wording.
“Due to the fact that the definition of redevelopment has become much broader, it seems that we are talking about tightening the legislation, but this is not entirely true,” says realtor Angelina Kubareva. — Previously, some of the types of work that fall under the new definition of redevelopment were included in the concept of reconstruction. And this is a more serious concept and a different approval procedure.
Now the list of works that fall under the concept of redevelopment (and thus subject to approval) includes moving and dismantling partitions, dividing a large room into several smaller ones, expanding the living space through auxiliary premises, noted MK’s interlocutor. Other experts list such work as eliminating dark kitchens and entrances to kitchens through apartments or living spaces, installing or re-equipping existing vestibules.
The list of types of redevelopment prohibited by residential complexes remains the same: it is prohibited to carry out work leading to “impairment of the strength or destruction of the load-bearing structures of the building, disruption of the operation of engineering systems and (or) equipment installed on it, deterioration of the safety and appearance of facades, damage to fire-fighting devices.” In addition, “redevelopment of apartments (rooms) that worsens the operating and living conditions of all or individual citizens of the house or apartment is not allowed.”
Although some types of work were classified as redevelopment instead of reconstruction, the new law cannot be called a relaxation either. It’s all about the regulations for legitimizing redevelopment. It is necessary to draw up a project of work (and it must be signed by an organization or individual entrepreneur – a member of a specialized self-regulatory organization (SRO). Next, an application is submitted to the authorized body, and the project is agreed upon with the municipality. In Moscow and some other regions, the first can be done electronically, but Municipal approval is most often done only through a personal visit with an inspector.
To the municipal approval of the redevelopment, a “house” is added: a decision of the general meeting of owners approving the project. And if the house is an object of cultural heritage, then the conclusion of the security department. But in the capital, there is practically no need to provide a technical passport of the apartment – most often it can be “uploaded” using algorithms for interdepartmental interaction.
“After that, within 45 days you will receive a response to the application, that is, consent or refusal,” says Angelina Kubareva. — Usually the answer comes through State Services. If you are refused, you can challenge the decision in court. And if we have received consent, then we can begin work.
After completion of the work, you need to register the redevelopment that has already been carried out – within 15 days the information is entered into Rosreestr.
“Theoretically, things like dismantling a built-in closet may now fall under “redevelopment,” if this results in an increase in living space,” comments lawyer Alexey Golubev. – But if it is dismantled in the corridor or in the kitchen – these are auxiliary premises – then there should be no problems according to the letter of the law. But it is much more important now to look not at the wording, but at law enforcement.
According to Golubev, fines for illegal redevelopment are small – up to 3,000 rubles. But the key element of “punishment” here is not a fine, but an order to eliminate violations. If within a “reasonable time” the owner does not bring the premises into “standard” condition, the property may be seized by court decision. This will be the main enforcement mechanism. The question is: will there be so many housing inspectors in Moscow or will the main task for the owner of a remodeled apartment be “not to have enemies”?
Newspaper headline:
Repair with fine and reproach
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