The attic cannot be redeveloped without consent – ​​Kommersant FM

Reconstruction of attics and roofs can only be carried out with the consent of all residents of the house. The Supreme Court had to be reminded of this during the consideration of the case on the expansion of a Moscow apartment at the expense of the roof. The reason was that lower authorities considered the requirement to collect residents’ consent optional if the redevelopment does not threaten people’s lives. Lawyers confirm that this rule has been in effect for more than one year. But they also understand people who do not collect consent. The topic will be continued by Vladislav Viktorov.

Resentment or a heightened sense of justice forced citizen Agroskin to sue his neighbor, who, at the expense of the attic, more than doubled his living space, it is unknown. The plaintiff claimed that Valentin Sokolikov carried out the reconstruction without permits and without the approval of other residents.

But lower authorities did not support Muscovite Agroskin. They referred to the results of a forensic examination, from which it followed that the third floor built into the apartment did not create any threat. But when the case reached the Supreme Court, everything changed. He decided that since Valentin Sokolikov decided to increase the living space at the expense of the common area, then it was still necessary to ask permission from all residents. And this is logical, says Alexey Kostovarov, partner at the Law Office “Liniya Prava”:

“When we talk about an apartment building and the legality of such additions, it is necessary to look not only at the presence of a threat to life and health. It is necessary to take into account the general design in which apartment owners are simultaneously shared owners of common property. In this situation, any manipulation requires the consent of the owners of apartments in the entire building. There is nothing new here.”

Now there is a chance that lower authorities will definitely not be lenient towards those who began redevelopment without the consent of their neighbors. And although it is impossible to count the number of such owners, experts say that the vast majority of those who want to make serious changes to their apartment do this.

This is explained by the fact that it is sometimes technically impossible to collect the consent of all residents, as required by law. Although the rules provide for many ways to do this, starting with independently visiting each apartment and ending with absentee voting. Without this, the unauthorized construction may be required to be demolished, says Denis Litvinov, managing partner of Land Law Firm:

“If a complaint is received and there is a suspicion of redevelopment that poses a threat to the life and health of people, then, naturally, there will be an order to eliminate these violations. There are plans that require approval, but they are not approved. The most common story is the uncoordinated transfer of wet areas, the replacement of a gas stove with an electric one, and cases where load-bearing walls are affected.”

In Moscow, for example, the number of people wishing to legalize a complete redevelopment is growing. In any case, according to the mayor’s office, since this can be done online, more than 28 thousand applications have been received in three years, which is 70% more than previous figures. And this can be organized without the risk of being fined only until the end of 2023, while the moratorium is in effect. But starting from 2024, we should expect stricter control, especially against the backdrop of the Supreme Court’s decision, believes Artem Tsogoev, a member of the board of directors of the Simple Estate investment platform:

“If an individual suddenly builds something up without approval, even if this extension does not pose a threat to neighbors, it is still impossible to register it legally in Moscow. After this particular case, the Moscow authorities will look at this problem more closely and will not allow such moments.”

However, as a rule, in order for the Moscow Housing Inspectorate to pay attention to an attached balcony or a room in the attic, it needs to point it out, lawyers say. And to avoid this, it’s enough just not to quarrel with your neighbors.

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Andrey Zagorsky