How to sell an apartment with redevelopment. Features of selling an apartment with illegal redevelopment. Sale of an apartment with redevelopment, photo

Homeowners, trying to improve living conditions, are engaged in redevelopment. It is not always formalized in accordance with the law, and often goes unnoticed until the need to sell the living space comes. Then the owners are interested in whether it is possible to sell an apartment with an illegal redevelopment, and whether this is an obstacle to completing the transaction.

The buyer should be interested in discovering the fact that the apartment has been remodeled. If the redevelopment is illegal, after the purchase he is responsible for unauthorized redevelopment. He will have to take care of the permitting process in accordance with the actual condition of the premises or give it a look that corresponds to the original layout.

To avoid troubles and material losses, the buyer should check the BTI documentation for the apartment that is being sold to make sure that there are no redevelopments. If alterations are legalized, they are marked with red lines on the plan. Their absence does not mean that redevelopment was not carried out. It is better to take a plan and walk through the property, checking it with the actual condition of the premises.

Types of permitted redevelopment

The legislation does not consider a number of changes to be redevelopment, so it is possible to sell an apartment with or without legal approval - it is not necessary. This includes the following modifications:

• built-in furniture was dismantled;
• technical equipment was moved, but it remained in the same premises;
• glazed balcony, loggia without size violations;
• In the bathroom, a partition was demolished, which was not a load-bearing structure.

Important! Removing the partition between rooms leads to a disruption in the layout. In this case, it is necessary to coordinate the unauthorized alteration with the relevant authorities.

What absolutely cannot be changed

Some redevelopments are prohibited by law, so it will not be possible to legalize them. It is strictly prohibited to carry out work if:

• worsen the living conditions of other residents of the house;
• make the premises uninhabitable;
• violate sanitary, construction and fire safety regulations.

This redevelopment is not agreed upon; if discovered, the owner is obliged to restore the apartment to its previous condition. Other alterations in the layout, if they are not prohibited, are allowed, but permission must be obtained. Then there will be no doubt about whether it is possible to sell real estate with illegal configuration changes.

Methods of selling with redevelopment

When selling an apartment with an unapproved redevelopment, if it concerns permitted work, there are no special obstacles to completing the transaction. The best solution for both parties is to legalize the alteration. In this case, no one risks that unpleasant consequences will occur after an illegal reconstruction: the apartment can be sold, there will be no sanctions.

For cash

Most often, apartments with illegal redevelopment are sought to be sold for cash. The seller does not take risks, only the value of the property is reduced by 10–20%. Buyers are often willing to do this, wanting to save money. They do not suspect or do not want to think what unpleasant consequences such a deal could result in.

Important! If the redevelopment of housing is illegal, the sale of an apartment with refurbishment is carried out according to documentation that does not reflect the changes. From the moment the contract is concluded, the buyer becomes the owner, and all responsibility for legalizing the illegal layout falls on him.

Sometimes this results in such costs that the savings on the purchase will be less. This happens if changes in the configuration of the apartment cannot be agreed upon - prohibited work has been carried out. Then the new owner will have to return the premises to its original condition at his own expense or bring it into a form that can be legitimized.

For mortgage

It is not possible to get a loan for an apartment with illegal redevelopment everywhere. There are banks that process similar mortgage transactions. To sell a property this way, it is more difficult for the owner to find a buyer. But it operates openly - the bank and the buyer know about the illegal alteration.

The party providing the loan insures itself. The contract stipulates how to proceed with the registration of redevelopment. It is indicated that the new owner will legitimize it, usually 6 months are allotted for this. All subsequent risks fall on the buyer, and they can be very large. It may turn out that the changes cannot be legitimized. Rosreestr also has the right to refuse registration, citing illegal reorganization as the basis.

How to legalize redevelopment

If you arrange the redevelopment before selling, it will be easier for the owner of the apartment to sell it. The seller will not have to reduce the price of the home in order to attract potential buyers in this way. Legalizing the redevelopment will allow not only to sell the apartment, but also to declare an increased price if the remodeling has significantly improved living conditions.

Before work is completed

The owner must clearly understand what changes he intends to make to the layout. It is required to obtain a technical passport, which contains a full description of the premises. Future work is planned based on it.

Coordination of some actions with firefighters and water utilities is required. This applies to cases where utility lines are affected. If the house is an architectural or historical monument, rebuilding the apartment will not be allowed without permission from the relevant committee. You should order a redevelopment project from a licensed organization. If the house is an ordinary standard one, significant changes are not planned; your own sketch is enough.

Other documents are also required: ownership and consent of the remaining owners to the new layout, if any. Having collected everything necessary, the owner goes to the city administration. He writes there.

Officials are checking documents and the planned reorganization. Their task is to make sure that it does not affect supporting structures or vital communications, as permitted by law.

There are still two months left to wait for a decision. If the answer is positive, a permit is issued indicating the period during which the layout can be changed. When it is completed, they request a new registration certificate and submit documents to Rosreestr to change the cadastral plan of housing. Now there are no obstacles to selling real estate.

After completing the work

If the redevelopment of an apartment is not legalized, its legalization is handled by the seller or the new owner after the purchase. It is more difficult to complete than before the work was carried out. How to deal with illegal redevelopment so that the sale transaction is not invalidated is specified in Articles 25–29 of the Housing Code. The differences in the rules of legalization after the changes and approval have been made are not very large; the required documents are the same:

• statement;
• apartment plan;
• notarized copies of housing documents;
• consent of other adult residents;
• technical passport from BTI;
• permission from the commission for supervision of historical and architectural monuments.

They are sent to the administration and await a visit from an inspector from the relevant commission. The purpose of his visit is to make sure that the plan in the technical passport and the actual layout do not correspond. After some time, the housing inspection will approve the redevelopment or refuse, giving a reasoned explanation for the reasons.

When the apartment is sold, the unauthorized redevelopment is legalized by the buyer - the new owner. He presents:

• passport;
• documents for the apartment;
• agreement on a concluded trade transaction;
• a receipt for payment of the state duty for registering the apartment;
• act of acceptance and transfer of living space.

Important! It is better to carry out approvals before selling an apartment with illegal redevelopment, otherwise there is a risk that the transaction will be declared invalid and the new owner will be denied registration.

When approval is received for the approval of an unauthorized redevelopment, the owner contacts the BTI and takes an extract from the cadastre. Documents are presented to the construction and architecture department. The specialist draws up a draft of the existing changes. It will be approved by the sanitary station, fire service, and administration.

After the planning is approved by the regulatory authorities, a specialist from the BTI is invited to inspect the premises and draw up new documentation. Adjustments are made to the plan and cadastral passport. Before you sell the property, you must take extracts from these updated documents.

If an attempt to legalize existing changes in government bodies and relevant services fails, the last chance is to go to court. They provide the same papers and a decision to refuse to legalize the redevelopment. A statement of claim is being written, a sample can be downloaded. The court considers the case within 30 days and makes a decision.

If the court made a positive decision for the applicant - it recognized the legality of the redevelopment - it is necessary to obtain a new registration certificate and register. But the court ruling is not always in favor of the plaintiff: he may recognize changes in the layout of the apartment as illegal, such that they threaten the safety of the residents of the house. In this case, the owner will be obliged to return the apartment to its original condition - until then it is impossible to sell it.

Risks of illegal redevelopment for the buyer

After the transaction is concluded, the buyer who is responsible for the apartment becomes the full owner. The characteristics of housing are contained in the BTI documents and the cadastral passport. They are drawn up upon taking ownership and confirm the rights to carry out transactions. Changing the characteristics of the living space entails automatic recognition of these documents as invalid.

When buying an apartment with an illegal layout, it turns out that the former owner transfers the passport and plan for one room, and in fact the new owner acquires another. It may differ greatly in its characteristics from the declared ones - configuration, area. If no measures are taken to legalize the redevelopment, in the future the owner will not be able to sell, bequeath, or mortgage the property with alterations.

The most favorable situation for the buyer occurs when the redevelopment is minor and complies with changes permitted by law. A fine is paid, the layout is legalized through the court, and a new design is carried out.

Sanctions for illegal redevelopment

If illegal reconstruction is discovered, the least that threatens the owner is administrative fine 2–2.5 thousand rubles. This is if the redevelopment did not affect the supporting structures, the safety of the house and neighbors is not threatened.

If the consequences of illegal redevelopment of the premises are more serious, damage to property or health of other persons is caused, the fine is 5 thousand rubles . In addition, the owner will be required to bring the premises into a condition consistent with the documentation for it. Restoration costs can be significant.

If, after the illegal planning, other persons were seriously injured, the deliberate nature of the owner’s actions is proven, he will have to pay compensation. If the owner refuses to legalize the alteration, he can be evicted and the apartment sold at auction (Article 29 of the Housing Code).

Unauthorized redevelopment is an illegal act and entails legal consequences for the owner. A ban is imposed on real estate transactions, the apartment cannot be sold, and no other transaction can be completed. This convinces and makes you understand whether it is necessary to legalize the redevelopment of your own apartment when selling.

It is possible to sell real estate with an illegal layout. The risks that exist when concluding a transaction concern more the buyer - now all obligations to legalize the reconstruction are assigned to him, otherwise he will not be able to fully dispose of the property.

And they are analyzed in more detail by our editors in special posts.

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Intending to sell an apartment with illegal redevelopment, homeowners are wondering whether this can be done and how it happens. When selling an apartment with redevelopment, the owner must take into account the difficulties if changes to the apartment were not legalized on time. Since 2016, the federal law “On the Protection of Consumer Rights” has recognized such real estate as a product of inadequate quality. Redevelopment of housing in 2019 also requires compliance with established construction and sanitary standards, as well as fire safety rules. Only in this case will the owner be able to legitimize the changes made to the housing structure and re-issue the title documents.

The dangers of dealing with illegal housing redevelopment

When purchasing a home, it is important to check the security of the transaction, including the compliance of technical and legal documentation with the actual state of the purchase. If a discrepancy is identified, the buyer should be aware of the great risks associated with undocumented unauthorized changes classified as an unwanted encumbrance on the apartment.

According to the provisions of federal legislation regarding the registration of rights, unauthorized redevelopment cannot become a reason for refusal of registration, however, in fact, the state registration authority rejects applications for registration of such housing if red lines are found in the BTI registration certificate indicating inconsistency.

Cost of the apartment and redevelopment

The presence of alterations in the property being sold directly affects its value. It is possible to sell an apartment with redevelopment that improves the quality of living at a higher price if the owner of the property has agreed on the redevelopment process and reissued the necessary documents in a timely manner. The difference between the cost of housing with legal redevelopment and ordinary standard housing can reach 10 percent or more. If the owner does not bother to properly prepare documents and coordinate them with the relevant supervisory authorities, the price of the apartment may fall by 10 percent, and the buyer will have to face the problem of putting the documents in order.

If the seller intends to sell the home with maximum benefit for himself, he should agree on the draft changes long before the sale begins and obtain permission for redevelopment from various authorities. If changes in the apartment have led to improved living conditions for those living in it, and also do not violate the safety requirements of the remaining residents of the house, it is recommended to go through the procedure of legalizing the redevelopment.

Most often, illegal redevelopment is encountered when purchasing residential space in Khrushchev-era buildings, communal apartments, and block buildings built in the 70-90s. In such facilities, owners often made changes in violation of standards and lack of approval.

When legalization of redevelopment is impossible

A buyer who intends to buy an object with a redesigned structure must be especially careful if the actions were carried out by the seller without permission, without permission letters from various services (housing committee, urban planning department, gas service, Ministry of Emergency Situations, fire service, sanitary and epidemiological station, etc.)

• Actions to combine balconies with a living room or kitchen, and other interior spaces;
• Destruction of the wall between the loggia and the interior space;
• Moving heating appliances connected to central heating to a balcony or loggia;
• Destruction of the wall between the kitchen with a gas stove and the living room;
• Affecting the ventilation system;
• Any changes to load-bearing walls;
• Any actions leading to violation of building codes and sanitary standards, failure to comply with fire safety rules;
• Actions that result in residential premises becoming uninhabitable;
• Elimination of part of the general building engineering system located on the area of ​​the apartment;
• Elimination of doors and creation of arched openings in gasified kitchens;
• Changing the location of the sanitary unit into an area under which the living rooms of the neighbors below are located.

If the fact of redevelopment is revealed, the buyer must seek independent advice regarding the security of the transaction and the need to legitimize discrepancies in the apartment with the technical passport of the BTI.

In the following situations, re-registration of documentation for the apartment will not be required:

1. Organization of openings in walls that are not part of the supporting structure;
2. Changing openings in interior partitions;
3. Glazing of a balcony/loggia;
4. Installation of air conditioning systems
5. Elimination of built-in furniture.

Options for selling an apartment with redevelopment

Buying an apartment for cash

Since it is technically possible to submit an apartment with illegal redevelopment, unfinished changes are not a reason for refusing to register the transfer of property rights to another owner. However, upon becoming the new owner of such housing, the buyer will bear full responsibility for the condition of the apartment and its non-compliance with technical documentation.

The sale of an apartment with an illegal layout occurs according to the following algorithm:

1. If the buyer agrees to purchase an object with unfinished changes, it is necessary to find out what the cost of the work is as agreed.
2. The purchase and sale agreement includes the transaction amount minus the costs of activities for re-registration of technical documentation and approval of redevelopment;
3. For the seller, such a sale does not carry any risk, since the sale took place according to documents prepared using old planning data.
4. For the buyer, the transaction implies the obligation to legitimize the redevelopment. In case of violations of standards and a ban on changes in any of the authorities, the buyer will be obliged to return the apartment to its original condition in accordance with old documents, which means significant repair costs.

Before reflecting the final payment amount for a purchase and sale transaction, it is necessary to assess the degree of risk for the buyer and correctly determine the amount of the discount for an illegal layout.

Sale with mortgage

Purchasing an apartment with illegal redevelopment using mortgage funds is more difficult due to the bank’s ban on issuing a loan secured by real estate, the documents for which are improperly executed. The action diagram looks like this:

1. The difficulty lies in finding a bank willing to make such a transaction without re-issuing the technical documentation.
2. If a bank is found willing to issue a loan, the seller receives funds for the transaction without any consequences or risks.
3. For the buyer, new problems arise related to the obligation to legalize the redevelopment after the purchase. As a rule, the buyer is given about six months to put the documents in order and approve the redevelopment.
4. Registration of the transfer of rights in Rosreestr is also questionable. The government agency does not provide guarantees to the buyer that the apartment will be registered as his property.

Selling an apartment with illegal redevelopment is a difficult task, but it can be solved. Much depends on the type of redevelopment itself (in some cases it is not required to legalize it). It is also important to discuss this fact with the buyer. Depending on the agreements reached, it will be.

Types of redevelopment

Not all types of redevelopment require the need to legitimize this procedure and make appropriate changes to the technical passport. Conventionally, redevelopment can be divided into one that does not require permission and one that can be carried out only after obtaining permission from the BTI (Bureau of Technical Inventory).

Homeowners very rarely take a responsible approach to the redevelopment procedure, remembering that it still needs to be legitimized only when it comes to selling.

Does not require permission

What redevelopment can be done without permission:

• Replacing doors with newer ones.
• Dismantling built-in mezzanines and cabinets.
• Installation of antennas, air conditioners and new batteries.

It is important that such redevelopment is carried out so that the apartment plan and intra-house communications are not disrupted.

A permit is also not required for the following types of work:

• Rearranging a bathtub or sink, provided that the work is carried out within the bathroom.
• Installation of plastic windows.
• Installation of light partitions.
• Installation of an additional door in the wall where there was none previously (the wall must not be load-bearing).

In these cases, permission is not required, but authorities must be notified of changes made (or planned).

Requires permission

Other types of work require permission and appropriate changes to the technical passport:

• Changing the location of the toilet and bathroom or arranging additional similar rooms.
• Dismantling of plumbing.
• Combining a balcony or loggia with rooms.
• Making changes to the floor structure (for example, replacing wood with concrete screeds).

All of the changes listed above require permission, but if it has not been obtained in advance, there is a good chance that the changes will be approved “after the fact” and included in the technical passport. At the same time, there are a number of redevelopment options that are strictly prohibited and the only way out is to return to the previous state:

• Combination of living room and kitchen.
• Making changes to the load-bearing elements of the house structure.
• Making changes to engineering communications.
• Redevelopment of technical premises of the house.
• Installation of full-fledged fireplaces in panel houses.
• Dismantling of non-load-bearing partitions in panel houses.

Example: If the owner of the apartment decided to improve the heating and add a new radiator, as well as install air conditioning, this may not even be regarded as a redevelopment. But moving the bathroom to another place already requires permission and changes to the registration certificate. Accordingly, in the first case, the sale of the apartment will be carried out according to the general rules, and in the second case it will be necessary to negotiate with the future owner.

Unauthorized redevelopment is prohibited and involves a fine of about 2-2.5 thousand rubles.

Is it possible to sell an apartment with illegal redevelopment?

It is possible to sell an apartment with redevelopment without approval from the relevant authorities. There are no direct prohibitions on this. However, we must remember that buyers often check the location of various objects in the apartment with the registration certificate. Any discrepancies, if the seller has not warned about them in advance, may be interpreted not in his favor and, ultimately, the buyer may simply refuse to purchase a potentially problematic apartment.

Regardless of who exactly carried out the redevelopment, the new owner will have to register it or return everything back. It is logical that people will not simply agree to such conditions. There is only one option - reducing the cost of housing.

According to statistics, illegal redevelopment automatically reduces the cost of an apartment by about 10%. It is assumed that this amount is compensation to the buyer for the inconvenience of further legalizing the redevelopment or carrying out major repairs in order to return everything as indicated in the technical passport.

It is very important that the total and living area of ​​the apartment remain unchanged as a result of the redevelopment. You also need to pay attention to the requirements of sanitary, construction and fire inspections.

Peculiarities of buying and selling apartments with illegal redevelopment

If an apartment has an unauthorized redevelopment, they usually try to sell it before they need to get a new registration certificate (within 5 years from the date of receipt of the old one). Otherwise, in order to update the document, you will need to allow an inspector into the home, who, of course, will immediately detect the changes made.

Also, such transactions are usually made in cash. This minimizes scrutiny from various authorities and reduces the likelihood that the seller will run into problems. On the other hand, many buyers refuse to purchase housing for cash, so this scheme sharply limits the circle of potential clients.

How to sell an apartment with illegal redevelopment

The sale procedure itself, provided that the seller and the buyer have reached an agreement on who and how will further deal with the redevelopment, is not particularly complicated and is in fact identical to the usual purchase and sale of housing.

Procedure

1. Discuss with the buyer the fact of the existence of redevelopment. It is recommended to indicate in advance all controversial issues that, from the point of view of the law, may be considered illegal redevelopment. It also makes sense to immediately roughly calculate the possible costs of both legalization (if possible) and a return to the “as it was” state. If the amount received is less than 10% of the cost of the apartment, there is a chance that the buyer will agree to a smaller discount.
2. Draw up a purchase and sale agreement. It is recommended to include a clause regarding redevelopment in the sense that the buyer is aware of it and is obliged to take all necessary actions to eliminate the problem.
3. Sign the contract. If necessary, it can be certified by a notary, but this is not a mandatory requirement. However, the document.
4. Draw up a transfer and acceptance certificate and sign it. At the same time, payment for housing is usually made. At this point, the seller simply takes the money, hands over the documents and has nothing else to do with the apartment.
5. Register ownership. The buyer is already doing this. Based on the purchase and sale agreement and other documents, changes are made to Rosreestr.

Documents

When drawing up a purchase and sale agreement, the following documents are required:

• Passports of the parties (buyer and seller).
• Registration certificate for the apartment.
• Extract from the Unified State Register of Real Estate.
• Certificate from the management company confirming that there are no utility debts.
• An extract from the house register about persons registered in the apartment.
• Any documents related to the redevelopment, if any.
• Acceptance and transfer certificate of housing (drawed up and signed after signing the contract).

Costs and deadlines

If basic agreements are reached, then the transaction itself can be completed in just a few hours. On average, from the moment a potential buyer is found until the apartment is transferred to the new owner, it takes from a couple of days to several weeks.

In addition to the cost of purchasing the apartment itself, as well as the possible costs of “reverse” redevelopment, which cannot even be approximately indicated due to the difference in prices, the buyer will incur additional costs for paying the state fee when registering ownership: 2,000 rubles for each new owner.

How can redevelopment be legalized?

The parties can agree that the buyer transfers part of the cost of the apartment to the seller as an advance, and he, in turn, either legalizes the redevelopment or returns everything to its original condition. In addition, the buyer can deal with this issue himself after the transaction is concluded.

Documents for legalizing redevelopment in an apartment:

• Application for redevelopment.
• Explication and plan of rooms in the apartment.
• Documents confirming the ownership of housing.
• Consent of all co-owners of the apartment, if any.
• Registration certificate for housing.
• Permission from supervisory authorities for redevelopment (this must be obtained in advance).

After submitting all documents, the housing inspection will send a specialist to the owner of the apartment. He will certify the discrepancy between the plan and the actual layout of the apartment, and then transfer the information to his inspection. The changes made will be approved there (if at all possible), after which it will be possible to make the appropriate changes to the technical passport.

Selling an apartment with illegal redevelopment is possible, but relatively difficult. Experienced specialists will clarify all the main controversial issues that deserve attention during a free consultation. In addition, they can act as client representatives, accompanying the entire transaction from start to finish (including the legalization procedure). This helps eliminate practically and significantly speeds up the process.

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It is regulated by the legislation in force in 2018 on the territory of the Russian Federation, in particular Law No. 2300-1 “On the Protection of Consumer Rights” defines such real estate as a category of goods of inadequate quality.

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Any transaction with unauthorized redevelopment of real estate may be considered illegal, and therefore representatives of the law will oblige the seller to return all funds to the buyer.

That is why the owner of such a property needs to act within the legal framework in order to prevent financial sanctions and large material costs.

How to determine the fact of housing reconstruction?

Many people are afraid to independently sell their apartments, which have been remodeled, and turn to real estate offices for help.

Some unscrupulous realtors deliberately do not tell potential buyers about the technical changes carried out in residential premises.

In order not to encounter serious problems in the future, future apartment owners should be required to provide cadastral documentation, the data of which can be compared with the actual layout.

During such a check, a potential buyer will be able to:

• identify the illegal fact of housing reconstruction;
• make an appropriate decision regarding the completion or termination of the purchase and sale transaction of such an apartment.

How to sell an apartment with redevelopment?

Owners of city apartments often ask the question: how to sell? In order to answer it, you need to familiarize yourself with all the nuances and subtleties of such a purchase and sale transaction.

You should know that the cost of urban real estate with legalized redevelopment will immediately increase by 10%.

Selling an apartment using documents that have not been amended will be possible at prices that are too low (approximately 10-15% below the market value).

Illegal

Most often, urban property owners have problems when selling apartments with illegal redevelopment.

Federal legislation does not prohibit financial transactions with such real estate, but at the same time gives regulatory authorities the right to declare such transactions invalid.

After registering such real estate by the new owner, he will be given a certificate indicating that a redevelopment was made that was not legalized in the established manner.

For mortgage

If a city apartment was purchased under a mortgage loan program, then its owner has no right to remodel it until his financial obligations to the bank are fully repaid.

This is due to the fact that throughout the entire term of the mortgage agreement, it is the lender who is the owner of the property.

Any change in the technical characteristics of the apartment is possible only with the written consent of the bank.

To obtain it you need:

• prepare a competent project;
• submit it for approval to specialists of the financial institution.

Redevelopment assessment

To assess the redevelopment, the owner of a city apartment must invite a specialist from the Bureau of Technical Inventory or an independent appraiser.

Specialist:

• carefully examines the property;
• will check the actual layout with the data specified in the technical documentation.

If any discrepancies are identified, the BTI employee will take the necessary measurements and draw up an appropriate report.

After this, the Bureau engineers:

• they will draw up a new registration certificate for the apartment;
• will recalculate its estimated value taking into account the changes made (the quadrature may change).

Procedure for selling

When selling an apartment with redevelopment, the owner must act in the following order:

1. To exclude the possibility of recognizing the purchase and sale transaction as illegal, it is necessary to officially register the redevelopment.
2. By contacting the Bureau of Technical Inventory, the owner of a city apartment must request a planning extract made from cadastral documentation.
3. You should obtain a copy of the cadastral plan from the BTI, as well as a certificate indicating all the technical characteristics of the property being sold.
4. The collected package of documentation must be submitted to the local department of architecture and urban planning. After drawing up, it is necessary to submit it for approval to the city administration, and after that to the SES, fire service and housing department.
5. At the final stage of registration activities, the owner will have to pay a small fine and submit a new plan to the Bureau of Technical Inventory to receive amended cadastral documentation.
6. After legalizing the redevelopment, the owner of the urban property carries out a regular purchase and sale transaction, endorsed by a private or public notary.

The final part of the purchase and sale transaction involves registering the apartment, after which the new owners will receive a certificate of ownership (within 30 days from the date of submission of documents).

Required documents

To sell a city apartment in which redevelopment has been carried out, the owner needs to prepare a package of documentation, which will include:

• documents evidencing ownership of the property being sold;
• passport of the apartment owner;
• buyers' passports;
• payment document indicating payment of the state duty;
• acts of acceptance and transfer, etc.

Consequences

Owners of urban real estate who have illegally redeveloped them may face serious problems in the future.

If the regulatory authorities find out about what happened (they can be notified by the residents of the building or the management company), then the owners of such apartments will be obliged to restore the premises to their original condition.

If you refuse to comply with the demands of the housing inspection, the resolution of the issue will move to the courtroom.

Price issue

The Housing Inspectorate has the right to apply penalties to owners or tenants of city apartments. The amount of financial penalties ranges from 2,000 to 2,500 rubles.

The amount of the fine and the procedure for its collection are regulated by the legislation in force on the territory of the Russian Federation (Code of Administrative Offenses).

Purchasing housing with unregistered reconstruction

Russian federal legislation obliges all owners and tenants of urban real estate to coordinate redevelopment with the relevant authorities.

Despite this, today it is possible to sell remodeled housing with unregistered reconstruction. This can be done if, at the time of the transaction, the validity period of the technical documentation issued by the BTI did not exceed 5 years.

The property owner does not have to call a technician and order a certificate from the Bureau of Technical Inventory.

The seller is obliged to notify the potential buyer that illegal changes have been made to the apartment.

Remodeling residential premises has become very popular in recent years. But selling an apartment with redevelopment or other residential premises has its own characteristics. If the owner, and changes have been made to the title documents and cadastral passport, then he will be able to sell the property without problems and at a cost of about 10% of the normal cost.

The fact of the legality of changing the configuration of the premises must be checked by the buyer before signing the contract, although illegal redevelopment is not an obstacle to sale or purchase. If there are no records in the documents, the new owner will have to take responsibility and arrange the housing in accordance with the actual floor plan. In another case, he can return the premises in accordance with the original plan.

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In any case, to avoid trouble, the buyer should check the floor plan of the premises in the BTI; deviations from the norm are usually indicated by red lines. But if the plan looks normal, this does not mean that there was no redevelopment; perhaps it was not detected. It is best to walk through the rooms with a floor plan.

If, as a result of the redevelopment, load-bearing walls, engineering systems, floors, and a gas stove were not affected, then approval can be easily carried out retroactively. But when the original plan differs significantly from the actual one, and the load-bearing structures were affected, then the buyer, after purchasing a premises with illegal redevelopment, expects large costs for approval. If housing standards approved by law are violated, approval will become impossible in any case.

It is not recommended to purchase housing with unauthorized redevelopment, because approval or returning the premises to its original form can be expensive for the new owner. This is also an obstacle to obtaining a loan for the purchase of remodeled housing.

The executive branch has the right, on the basis of a court decision, to confiscate housing, the redevelopment of which the owner refuses to legitimize, therefore, most often banks do not want to issue a mortgage for it, and if the bank does issue a loan, the borrower will be required to sign a document confirming the legal procedure will be carried out in the near future

Why is this necessary?

Sellers who do not complete the approval documents on time most often have to reduce the price of the home. But before selling, you should ask whether the redevelopment needs to be legalized. In another case, you need to know how to sell an apartment in the absence of approval.

By law, redevelopment refers to any changes to the original plan; they can be of 2 types:

Instructions and basic documents

A redesigned premises, the fact of changes in which was not legalized on time, may be recognized after sale as a product of inadequate quality on the basis of:

• Law on the Protection of Consumer Rights No. 2300–1 (Article 19);
• Civil Code (Article 477).

As a result, the seller may not only be held administratively liable, but the court will oblige him to pay the buyer’s moving expenses and compensate him for moral damages.

If the redesigned apartment has already been sold, the new owner will need to present the following documents to legitimize the changes:

• your own and the buyer’s civil passport;
• title documents for the premises;
• purchase and sale agreement;
• a receipt for payment of the fee for registering housing for the new owner;
• act of acceptance and transfer of premises.

When it is intended to sell housing with illegal redevelopment, then in order to avoid recognition of the transaction as invalid, it is necessary to coordinate the changes, guided by Art. 25–29 LCD.

The owner needs:

1. Contact the BTI for an extract from the cadastral passport, which should indicate all changes made. It is also necessary to obtain a certificate of technical characteristics of the apartment and a copy of the cadastral passport.
2. You should contact the regional department of urban planning and architecture with documents to call an architect. The specialist must draw up a project and sketch of the changes that already exist. This project must be coordinated with firefighters, housing departments and SES, and local authorities.
3. If regulatory authorities approve the changes, you must pay a fine because the redevelopment was not previously authorized by the owner.
4. Then you should obtain permission from the chief architect and call a specialist from the BTI, who is obliged to inspect the premises and draw up new technical documentation. Adjustments must be made to the floor plan and cadastral passport, from which new extracts will be required taking into account the changes made.
5. Then you can complete the purchase and sale transaction in the usual way. To conclude a transaction with a notary, you will additionally need:
   • purchase and sale agreement;
   • permission from other owners of the premises, if any;
   • consent of the guardianship and trusteeship authority, if one of the owners is a minor;
   • an extract from the house register, which should contain information about the presence or absence of those registered in the premises;
   • certificate of personal account status.
6. After notarization of documents, it is necessary to register at the Federal State Register Center, where a month later, the new owner will receive a registration certificate.

What are the conditions for selling an apartment with redevelopment?

Selling an apartment with redevelopment is possible without legal permission, but the buyer must be warned that he will have to go through the procedure with documents himself. To do this, sellers usually reduce the price of the apartment, which makes it possible to attract more buyers, including those who are ready to solve the problem on their own.

If it turns out that the cadastral passport is expired, then the necessary extracts will not be obtained. You will inevitably have to issue a passport, which means legitimizing the redevelopment. If changes have already been made to the premises, then selling it at auction has a number of features. Also, not every bank will agree to issue a loan for the purchase of such housing.

Without approval

It is possible to redevelop premises in an apartment building without the approval of the relevant authorities. Although redevelopment involves changing the area of ​​rooms, demolishing walls and other global changes that require permits and preparation of a new project, if refurbishment of the premises is required, it can be carried out without approval. Re-equipment or overhaul refers to the replacement or complete dismantling of some engineering structures inside the apartment.

The owner may not coordinate his actions with the BTI and other supervisory authorities if he decides:

• replace old utility lines or install additional ones;
• carry out cosmetic repairs (level walls, hang wallpaper, paint, replace door and window openings);
• move a household gas or electric stove;
• install new heating equipment;
• other changes.

If permission is required for redevelopment, then all owners of the apartment must request it, when there are several of them. For a private house, approval is issued only once at the stage of its construction.

If in the future the owner of a one-story private house wishes to reconstruct the interior, he can do this without approval. Permission for redevelopment is required by apartment owners, because changes should not affect the supporting structures, so as not to cause serious violations in the architecture of the entire building.

If the redevelopment of a residential premises was carried out without permission, then the following may apply to the court at the location of the construction project:

• one of the owners of the apartment, if he did not give consent;
• Housing inspection or BTI;
• citizens living in neighboring apartments;
• other persons.

When an apartment is sold with illegal redevelopment, it will have to be legalized by the current or future owner, otherwise the premises will have to be returned to its original state, but sometimes the relevant authorities cannot issue permission because housing standards were violated during the reconstruction

From auction

If the owner carried out unauthorized redevelopment and re-equipment, as a result of which the apartment was destroyed, and the property of other citizens was damaged, then a decision may be made to force the sale of the premises. According to the Housing Code (Article 29, Part 5), if the owner does not return the premises to its previous condition, then the relevant authorities or other persons may go to court.

Based on the court decision, the premises must be sold at auction. After the sale of the apartment, the funds will go to:

• payment of legal costs;
• restoration of the premises by another owner;
• payment of the balance to the former owner.

Similar requirements are contained in the Civil Code (Article 292), which states that private premises can be put up for public auction by court decision if the owner:

• uses the apartment for other purposes;
• violates the interests of citizens living in the neighborhood;
• allows the destruction of the home;
• commits other illegal actions.

The executive body also has the right to assign the owner a deadline for repairs. If the demands of local governments and the court are not met, bailiffs seize the apartment, sell it at auction, and return the proceeds to the owner minus legal costs.

The winning bidder files a claim to evict a citizen only after he has been assigned ownership rights to the premises. This measure is used in practice very rarely; if the owner proves that the premises are the only one for him where he can live, then the court will not satisfy the claim for the sale of housing.

For mortgage

Banks often impose restrictions on the parameters of housing that can be taken out on credit. Therefore, potential borrowers have to purchase apartments that need redevelopment. In other cases, borrowers try to purchase a remodeled apartment.

Buying such an apartment has its own characteristics, primarily because it will become the subject of collateral. If the borrower does not pay the bank, the property must be sold to pay off the debt.

In this case, there are 2 concepts:

• mortgage lending;
• mortgage.

In the case of mortgage lending, the purchased home becomes collateral. But a regular mortgage can be issued against existing real estate. In both cases, the bank must be sure that if it takes an apartment as collateral, then all documents related to it must be in order, including redevelopment, if any has taken place.

This should also include the fact that the new owner may carry out illegal redevelopment even before he pays off the loan. Therefore, banks use mortgage insurance as a safety net.

When carrying out legal planning, the owner (borrower) must notify not only the BTI, but also the bank and the insurance company, because taking into account the reconstruction, the value of the premises (collateral) may change.

Sometimes banks include in advance a special clause in the loan agreement prohibiting the redevelopment of an apartment that is pledged until the loan is repaid. For this verification purpose, a responsible officer visits the premises annually to ensure that the borrower has not carried out illegal reconstruction.

If it turns out that the borrower carried out redevelopment and did not notify any organization about it, then the bank has the right to demand approval of permission. In another case, he may sue, because in fact his client violated the contract. In this case, the bank has every right to refuse to fulfill obligations to the borrower.

How to legitimize a deal

It is often necessary to draw up documents for the redevelopment of premises directly when selling an apartment. Previously, the citizen thought that he could do whatever he wanted with residential property, and therefore did not apply for permission from the BTI and other authorities.

If the buyer does not agree to take responsibility, then the owner will have to properly prepare the technical documents for the apartment before concluding the purchase and sale agreement in 2019.

One of the options that helps avoid paying a fine is to legalize redevelopment that has not been carried out, but is supposedly planned. For this purpose, it is necessary to negotiate with a specialist from the regional architecture department, who will help draw up a draft change.

It should be agreed upon with the Housing Inspectorate, and when the permit is issued, you will have to wait until the proposed redevelopment work is completed and issue a certificate of completion. Only after this can you obtain a new registration certificate from the BTI. Legalization “retroactively” will help avoid reducing the price of the apartment being sold, but the issue of finalizing the transaction will be delayed.