What is BTI and what does it do? What is bti Does bti exist
We work in Moscow, so the information is relevant for Moscow. In other regions, inventory is usually handled by ROSTekh Inventory.
What is BTI and why is it needed?
BTI is the Bureau of Technical Inventory; usually BTI means the technical passport of the BTI for the premises. Since 1998, the city of Moscow has been carrying out certification of the housing stock. BTI is a government agency. In short, BTI maintains technical records of real estate objects. Based on the available data, the Technical Inventory Bureau issues various documents. These documents are needed when selling an apartment, approving redevelopment, registering a land plot and a house, registering property rights to real estate and privatizing real estate.
Example of a BTI passport for an apartment (clickable):
How to get BTI
All documents can be obtained by submitting applications to the technical inventory bureau in person. Some documents can be completed on the mos.ru website or through the MFC.
ThroughMos.ru you can get:
- floor plan;
Ready documents can be picked up at the MFC or territorial BTI.
Through the MFC you can get:
- extract from the technical passport of the BTI (form 1b);
- an extract from the technical passport for the building (structure) (form 1a);
- floor plan;
- BTI certificate on the condition of the building/premises (form 5);
- address identification certificate (without graphical attachment);
- a certificate of the inventory value of the property;
- certificate in form No. 4 (about the common useful area in residential buildings of a household with central and stove heating);
- technical passport of the residential premises (apartment);
- explanation for the floor plan according to forms 22 or 25.
Territorial affiliation within Moscow unimportant.
Documents in the BTI itself
In addition to the above.
- conclusion on the compliance of non-residential premises with the requirements for residential premises;
- project for redevelopment and reconstruction of residential/non-residential premises;
- technical conclusion on the admissibility and safety of redevelopment and reconstruction of residential/non-residential premises.
What documents are required to obtain a BTI?
- Statement.
- An identification document (usually a passport).
- Title documents (usually an extract from the Unified State Register of Real Estate).
- Power of attorney and additional documents (if necessary).
How long does BTI last?
The work is carried out in a “one window” format, which greatly simplifies the organization’s interaction with citizens and legal entities.
Enterprises operate largely due to the need to carry out inventory.
The procedure is carried out in relation to:
- new buildings;
- unauthorized erected buildings and structures;
- unfinished construction projects.
BTI works on a reimbursable basis. The cost of services depends on the region of location and the specifics of the service.
Decoding the abbreviation
BTI stands for Bureau of Technical Inventory:
- The company deals not only with the real estate cadastre, but also with technical work.
- “Bureau” means an organization with a different form of management, in this case the BTI depends on the state. It remains its founder and is responsible for its debts and obligations to creditors.
- “Technical” means that the organization is engaged in work related to the preparation of project documentation, carrying out a set of land management works and other activities related to monitoring real estate and issuing certificates and documents in a certain form.
- Inventory involves keeping records of real estate by measuring its parameters, assigning inventory and cadastral numbers, and issuing competent conclusions.
Legislation
The legal status of the BTI is determined by “On State Registration of Real Estate” of 1997.
The procedure for carrying out cadastral valuation and issuing land management documents is carried out in accordance with the “State Real Estate Cadastre”.
Real estate valuation is carried out taking into account the norms “On Valuation Activities”.
BTI
The symbols used by the BTI are necessary for carrying out cadastral valuation of real estate and performing work related to land surveying.
The documentation states:
- boundaries of the land plot;
- designations associated with fixing the parameters of other real estate objects.
What does he do?
BTI inspects real estate properties when they are put into operation. Such work is also necessary if the task is to identify illegal alterations in an apartment or private house.
The organization is responsible for the implementation of residential and industrial facilities, the issuance of permanent and temporary documents.
The competence of BTI also includes the task of conducting engineering surveys, which is necessary for acquiring a plot of land for building a house or other facility.
The enterprise carries out an initial and further inventory of real estate, necessary for the preparation of technical documentation for capital construction projects.
What services does it provide?
The competence of BTI includes more than 12 types of popular ones:
- technical inventory;
- land management works;
- design of individual housing construction projects of other real estate;
- certification of forensic experts.
BTI also provides the services of a surveyor - an engineer who carries out geological surveys.
We offer the services of competent lawyers for concluding land lease agreements and the purchase and sale of real estate.
Registration of redevelopment
To carry out major renovation work in an apartment, it is necessary to obtain permission from competent specialists.
Rostekhinventarizatsiya Federal BTI issues permission to carry out actions to change load-bearing walls in an apartment and utilities.
carried out by preparing and approving the project in the housing inspection:
- after the development of project documentation, actual work is carried out;
- then BTI specialists verify the technical measures taken - their compliance with established standards and regulations;
- Handover and acceptance of work is carried out after calling a specialist from the housing commission at the location of the apartment.
The company also assists in the registration of unauthorized redevelopment.
Registration
BTI can assist in the preparation of title documents for various real estate properties.
It is possible to create cadastral documentation from scratch - when purchasing a private house, apartment, or land plot.
When registering properties with Rosreestr, it is necessary to present technical documentation - including a passport for a residential property.
BTI works within deadlines and is ready to provide the necessary certificates when conducting transactions of varying complexity.
Real estate valuation
BTI carries out inventory and market assessment. Such measures are necessary when selling real estate or assessing taxes on it.
The service is performed by calling a specialist from a specialized organization with the necessary license.
Receiving documents
BTI helps to prepare a cadastral and technical passport for a real estate property.
The organization is competent to issue information about the technical condition of residential premises.
The company’s specialists are involved in the procedure for declaring an apartment building unsafe and unfit for habitation. Documents are issued in paper and electronic form.
Plan
The company offers services for land surveying, determination and removal of boundaries. The plan is drawn up in accordance with the attached methods and must not contain errors.
The organization draws up a floor plan for apartments and buildings along with an explication.
Often, shortcomings in the project can cause the applicant to be denied a cadastral passport and other documents.
Registration certificate
A BTI technical passport is issued for an apartment and other real estate objects.
The document contains 4 sections:
- residential premises plans;
- indication of important parameters: ceiling height, features of utilities, construction materials.
The registration certificate will be ready within 7-14 days after the applicant contacts a specialist.
Extract
The cadastral record is drawn up to clarify the characteristics of real estate - when making various transactions with it.
Help contains:
- information about the owner;
- inventory value of real estate;
- information about the presence of encumbrances;
- information about the general technical condition of objects.
BTI remains a key organization carrying out a large range of work on real estate accounting.
For each service there is an individual price range determined by federal regulations and local legislation.
In the video about contacting the Bureau of Technical Inventory
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The estimated cost of an apartment according to the BTI is also called the inventory value. It is represented by the cost determined in the process of assessing the BTI bodies. To calculate this parameter, information such as the year the house was built, the area of the apartment and the list of available communications are taken into account. Usually the estimated value is much lower...
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BTI is an abbreviation. Its transcript: Bureau of Technical Inventory. An organization can be either state-owned (for example, JSC Rostekhinventarizatsiya - Federal BTI) or municipal, and also have the status of an autonomous non-profit organization (autonomous non-profit organization). BTI continue to exist not only in the Russian Federation, but also in neighboring countries.
In Belarus, for example, it is called BRTI (stands for Bureau of Registration and Technical Inventory). There are also unusual abbreviations in Russia. For example, DTI (easy enough to decipher – "Dagtekhinventarizatsiya", republican BTI).
According to the Wikipedia website, in the RSFSR, control over real estate was initially within the competence of the NKVD, under which the Main Directorate of Public Utilities (GUKH) functioned since 1921. The powers of the GUKH in 1930 were assumed by the structure of the same name under the Council of People's Commissars.
What does BTI do?
The functions of the BTI are reduced, first of all, to maintaining a register of real estate and issuing technical passports for buildings (private houses, non-residential buildings, etc.) and apartments.
Without this information, it is impossible to conclude an official purchase and sale agreement or make a donation, make a transfer to the housing stock or exclude the object from it.
BTI also carries out address registration of objects, carries out geodetic work, coordinates a plan for the reconstruction of premises, collects, systematizes and provides information of a statistical and analytical nature (usually requested by authorities).
What information does the technical passport contain?
A technical passport for a building or separate premises, issued by BTI, contains the following information:
- the total area of the house or apartment, as well as information on the sizes of individual rooms (rooms, corridors, kitchen, storage room, etc.);
- estimated value of the object;
- year the facility was put into operation;
- actual address of the location of the object;
- information about the time of the last major overhaul;
- are there any communications, and what kind;
- what material the walls and ceilings of the facility are made of, as well as what was used for the interior decoration of the premises.
Why do you need a technical passport
Let's say a certain citizen intends to buy an apartment. The owners of the property describe it as magnificent: the house in which it is located is supposedly new, its walls are brick, and the price of this property is below the market price.
This offer will interest anyone. Where can you find truly truthful information about real estate? Only in the technical passport. When studying it, it may turn out that the building is 50 percent worn out.
And it looks so “fresh” only because it was recently completely renovated. Moreover, it turns out that the walls are not brick at all, but cinder blocks. The facade is plastered, so it is not possible to determine the material of the walls by eye.
Help in “utility” disputes
We still have communal apartments, with their specific disputes.
For example, a person inherited a room from his grandmother in such a quarrelsome apartment, and his new neighbors tell him that the old woman dismantled her built-in closet, after which she moved its wall into the corridor, thus taking over the common area.
They insist: bring the wall back! Do we need to rush to fulfill the demands of our neighbors? No. First you need to make a request to the BTI, which will resolve this dispute. The Bureau specialist checks whether the current layout matches the original one and issues his verdict.
In addition to technical information about the time of construction of the object, the material from which it was built, archives about the redevelopment of premises, the BTI keeps records of arrests, encumbrances and easements of houses and apartments.
How to get a technical passport
In order to obtain a technical passport from the BTI, you must complete the following steps: :
- Contact the BTI itself directly with the documents available for the property.
- Write an application addressed to the head of the Bureau with a request to issue a technical passport.
- Pay the state fee.
- After payment, you will need to wait for some time: BTI employees need to study the documents and application. ABOUT they will not name the date of issue of the registration certificate. If the document is necessary for subsequent redevelopment, then a BTI employee will visit the specified premises.
- Come on the appointed day and pick up the completed registration certificate. Have with you a receipt previously issued by a BTI employee regarding the acceptance of documents and an identity card (passport).
Who can get a technical passport
To obtain a technical passport, you do not have to go to the Technical Inventory Bureau yourself.
The document can be received by both the property owner and the authorized representative. In the second case, the person who comes for the document must have a notarized power of attorney from the owner of the property.
This opportunity opens up broad prospects for the work of various intermediaries who are ready to take on all the hassle of obtaining a technical passport. As a rule, they know very well what package of documents to submit and how to correctly draw up an application addressed to the head of the BTI.
Why does BTI evaluate real estate?
The estimated value of the object included in the technical passport almost always differs significantly from the market price. Why then is it needed? The answer to this question is multifaceted.
Firstly, it is the estimated value that guardianship authorities base on when comparing two housing units (there are cases when they try to force minor apartment owners into worse conditions in order to free up space). In this case, information from the BTI is considered objective.
Secondly, it makes it possible to assess the living conditions in the home.
Thirdly, based on it, you can generally understand whether there is an urgent need to improve the living conditions of the apartment owner or not.
Fourthly, it is from this that they proceed when seizing housing.
Who does the BTI report to?
BTI are commercial organizations that are subordinate to their founder (authorities). There are BTIs of federal, regional and municipal subordination.
Lately you can often hear that BTI is about to be liquidated. It's safe to say that this is unlikely to ever happen. State registration of real estate is necessary - any notary, realtor, or even just a potential home owner will confirm this.
Without such accounting, many mechanisms would cease to function, and the real estate market would not only become wild, it would simply disappear.
For information about what a technical passport is, which is issued by BTI, see the following video:
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Introduction
1.1 Characteristics of the place of internship
1.2 Characteristics of the organizational structure of BTI
2.1 Reconstruction and redevelopment of residential premises. Coordination of redevelopment
2.2 The concept and types of reconstruction and redevelopment of residential premises. Difference from reconstruction
2.3 Grounds for reconstruction and redevelopment of residential premises, their completion
2.4 Refusal to approve the reconstruction and redevelopment of residential premises
2.5 Unauthorized reconstruction and redevelopment of residential premises, their consequences
Conclusion
List of used literature
Applications
Introduction
organizational bti room redevelopment
Industrial practice consists of several stages.
The first stage is introductory. It introduces you to the organization, its structure, employees, and current documents. At the second stage, the student starts work: it is necessary to perform the work in accordance with the assigned tasks, focus on acquiring professional skills, as well as skills in writing reports and processing materials for writing a report on practical training.
Place of internship: State Unitary Enterprise MosgorBTI. In particular, the Bauman Territorial Bureau of Technical Inventory.
All functions, principles and methods of management in practice can be effectively implemented only within the framework of a certain organizational structure for managing an enterprise, organization, or institution. The organizational structure of management is understood as the composition of departments, functional services, their relationship and subordination. Each division and position is created to perform a specific set of management functions or jobs. To perform the functions of the unit, their officials are vested with certain rights to manage resources and are responsible for performing the functions assigned to them.
The efficiency and overall efficiency of enterprise management largely depends on the degree of perfection of the organizational management structure.
The objectives of undergoing practical training in this organization are:
· Consolidation of theoretical knowledge acquired during the learning process;
· Initial professional adaptation in the workplace;
· Study of production conditions;
· Familiarization with the main functions of officials and work tasks;
· Familiarization with operational software and information flows;
· Familiarization with forms and methods of work;
· Acquisition of practical work skills;
· Study of document flow in departments of the enterprise;
· Acquiring practical skills in preparing an assessment of official documentation, skills in working with incoming and outgoing documents.
· Performing an individual task (defining the concept and essence of reconstruction and redevelopment of residential premises, the grounds for their implementation and the legal consequences of unauthorized reconstruction and redevelopment).
Part 1.
1.1 Characteristicstype of internship place
The Bureau of Technical Inventory (BTI) is a body for recording real estate objects (registration of buildings, structures, structures, residential and non-residential premises, etc.). Its functions are to collect and systematize information about the location, quantitative and qualitative composition, technical condition, cost of real estate objects and, very importantly, the changes they undergo.
The goals and subject matter of the BTI are:
Collection, processing, storage and issuance of information on the availability, composition, location, technical condition, cost of capital construction projects and changes in these indicators based on periodic surveys on behalf of executive authorities, as well as at the request of legal entities and individuals having rights to the relevant objects real estate.
All types of work are of a declarative nature and are carried out on a contractual basis, upon applications from citizens and legal entities. Information (documents) about accounting objects are provided within a month from the date of receipt of the application. The issuance of documents on accounting objects is carried out for a fee, the amount and procedure for collecting which are established by the legislation of the Russian Federation.
A technical inventory is carried out in order to obtain information about the location, quantitative and qualitative composition, technical condition, level of improvement, cost of real estate and changes in these indicators.
The result of a technical inventory is a technical passport compiled for each real estate object, which records the presence of the object in kind, its actual location (address), owner (holder), boundaries, composition, purpose, use, technical characteristics, cost, condition, inventory number, register and cadastral numbers, as well as a mark on the entry of information about this object into the register of real estate.
Certificates on the inventory value of housing, on the technical characteristics of the object, explication, cadastral and technical passports of buildings, structures and premises, as well as a floor plan are integral attributes of any civil transaction made with real estate. In addition, the technical inventory bureau is the entity that forms the tax base for real estate, since it is the BTI that determines their inventory value, which is used as the basis for calculating taxes on real estate.
BTI assistance is needed by designers when developing projects for the reconstruction and repair of buildings, as well as when developing options for the development of settlements and drawing up estimates for preparing the construction site in terms of paying compensation for demolished buildings.
Construction and installation organizations contact BTI and cooperate with them throughout the entire construction period to determine the location of existing underground communications and carry out survey work on hidden underground communications.
State commissions for the commissioning of residential buildings compare design documentation with as-built diagrams of construction organizations and graphic materials from the BTI. An inventory plan of a residential building, floor plans and the corresponding BTI certificate are included in the documentation presented to state acceptance commissions.
Customers and developers use BTI as a body for quality control of construction and installation work, and also as a body without which it is difficult to connect to existing networks, it is impossible to register an object in real estate registers and transfer it to operating organizations.
For each accounting object, an inventory file with the corresponding number and cadastral passports are opened, which contain an abbreviated set of information about real estate objects necessary for submission to the state registration authorities). The inventory file is a technical passport, with appendices to it, compiled on the basis of the survey, and is replenished with inventory and technical documentation as surveys are carried out in order to register current changes. The inventory file is stored in the BTI archive, which is part of the unified state archive of the Russian Federation and federal property. Certificate of registration of real estate objects with state registration is carried out by issuing a copy of the technical passport for the object, with assigned inventory, cadastral numbers, certified by the seal of the BTI and the signature of the director of the BTI.
The technical inventory of accounting objects is divided into primary, planned and unscheduled.
All real estate objects, the inventory of which has not been previously carried out, are subject to a primary inventory.
A planned technical inventory is carried out at least once every five years. A planned technical inventory of accounting objects is carried out in order to identify what happened after the initial technical inventory and reflect these changes in technical (cadastral) passports.
An unscheduled technical inventory of accounting objects is carried out when the technical or qualitative characteristics of accounting objects change (redevelopment, reconstruction, re-equipment, change in the level of engineering improvements, demolition), as well as when transactions are made with the accounting object that are subject to State registration in accordance with the legislation of the Russian Federation.
The functions of the BTI are aimed at obtaining prompt and reliable information about real estate objects.
As part of the technical inventory work, BTI carries out:
· Main activity
· Technical inventory, inspection, certification of capital construction projects
· Issuance of certificates and statements for all types of transactions for capital construction projects
· Inspection of the technical condition of buildings and structures
· Preparation of an act on the demolition of a capital construction project
· Real estate transactions based on the “one window” principle
· Preparation of documents and execution of contracts in simple written form
· Registration of permission for redevelopment and reconstruction
· Coordination of redevelopment of housing stock
· Preparation of statements of claim in court
· Representing the interests of citizens in courts, as well as various federal, state and municipal organizations
· Design work
· Implementation of reconstruction and redevelopment projects
· Execution of technical reports
· Implementation of a reconstruction project, including changes to the internal layout of a non-residential building, non-residential premises, as well as when transferring residential premises to non-residential premises
· Privatization
· Collection and preparation of documents for the privatization of housing stock
· Obtaining information from the register of municipal property for the privatization of residential premises
· Recognition of an individual as a tenant of residential premises
· Exclusion of residential premises from the specialized housing stock
· Registration of property rights
· Preparation and collection of documents necessary for registration of ownership rights to real estate and land plots
· Drawing up draft agreements: donations, purchases and sales, exchanges, establishment of shares
· Valuation of real estate (residential and industrial) for the purposes of mortgage lending, purchase and sale, pledge, exchange, division, etc.
· Surveying
· Preparation of draft land boundaries
· Land management works
Description of land plots
Being an independent economic entity, the enterprise independently determines prices for the work it carries out and the services it provides.
With the expansion of the functions performed by BTI, the increase in the volume and complexity of the work performed, the enterprise is in need of highly qualified personnel.
Increasing the professionalism of personnel is carried out in two directions:
· reception of professional specialists
· increasing the professional level of working personnel.
The BTI independently determines and establishes forms and systems of remuneration, determines the amount of funds allocated for remuneration of employees of the enterprise (i.e., independently sets tariffs, official salaries, bonuses, allowances and other payments).
BTI also independently determines the total number of employees and the requirements for their professional level.
1. 2 Characteristics of the organizational structureBTI
The structure establishes the relationships between management levels and functional units that allow the organization to most effectively achieve its goals.
The formation of a structure is a consequence of the division of labor between specialists of different types, i.e. Each manager or performer is specialized in performing certain types of activities.
BTI has a linear-functional organizational management structure.
BTI is headed by a director.
The director represents the organization in all institutions, manages the property of the organization, concludes contracts, issues orders for the organization, in accordance with labor legislation, hires and dismisses employees, applies incentive measures and imposes penalties on the organization's employees, opens bank accounts for the organization.
Under the existing management structure, the director is directly subordinate to:
· Chief engineer - deputy director for production;
· Chief accountant;
· Heads of departments:
· Department of legal support for personnel policy and intermediary services based on the “One Window” principle;
· Management of processing analysis and control of information and coordination of activities of branches;
· Automation Department;
· Labor protection engineer;
· Head of the general department.
· The chief engineer manages the work of the organization's production unit.
Subordinate to him:
· Inventory department;
· Evaluation group,
· Design engineers;
· Department of Geodesy;
· Technical expertise group.
The chief accountant manages the organization's cash flow, establishes the results of the enterprise's financial and economic activities, monitors the economical use of material, labor and financial resources, the safety of the organization's property, etc.
The head of the department for legal support of personnel policy and intermediary services on the “One Window” principle ensures compliance with the law in the activities of the enterprise, prepares and improves existing instructions, regulations and other normative and methodological documents on organizational and statutory issues, maintains contacts with those responsible for organizational work in branches , takes part in the development of personnel policy and strategy of the enterprise.
Subordinate to him:
· Legal department;
· HR department;
· Real estate department;
The head of the department for processing, analysis and control of information and coordination of the activities of branches manages the collection, processing, analysis and systematization of technical information in terms of guidance and regulatory materials for the development and execution of technical documentation; quality control of created documentation and its compliance with the requirements of guidelines and standards adopted by the organization. Controls the daily activities of the archive - recording and ensuring the safety of files during the entire period of their temporary storage, creating and maintaining up to date a scientific reference apparatus for files in temporary storage.
Subordinate to him:
· Archive and information department
· Public Relations Department
· Department for work with legal entities
The head of the automation department controls the design and implementation of automated production control systems (APS) based on the use of a set of economic and mathematical methods, modern computer technology, communications and communications, elements of the theory of economic cybernetics. Develops measures to improve the quality and reliability of the functioning of systems, reduce the costs of their operation, expand the scope of their application, modernize the technical means used, as well as improve the mathematical, information and technological support of systems and tasks.
Subordinate to him:
· System administration department
· Software support department
· Group for ensuring the formation and transmission of information to EGROX
The labor protection engineer provides supervision and control over compliance with labor protection requirements in accordance with the provisions of the Labor Code and other regulations governing relationships in the field of labor protection.
Part 2.
2.1 Reconstruction and redevelopment of residential premises. Coordination of redevelopment
Redevelopment is the reconstruction of premises, changing the configuration and purpose of the premises. Redevelopment involves the demolition / construction of walls (partitions), installation of doorways, dismantling, moving plumbing equipment, slabs, etc. All these operations require redevelopment approval.
“Simple” redevelopment -
Minor changes to the room layout:
· moving, disassembling interior partitions,
· arrangement of openings in interior partitions,
· sealing doorways in partitions and load-bearing walls,
· installation of new partitions without increasing the load on the floors,
refer to simple redevelopment. Coordination of redevelopment in this form requires the provision of a sketch with planned changes to the existing apartment plan.
"Complex" redevelopment -
· transfer, arrangement of doorways,
· disaggregation of multi-room apartments,
· punching openings in load-bearing walls,
· partial demolition of load-bearing structures,
· increasing the size of the kitchen, bathrooms, corridor, rooms,
· changing the location of the kitchen or bathroom,
· combining a bathroom with a toilet,
· installation of additional kitchens and bathrooms,
· expansion of living space due to auxiliary premises,
· combination of two or more apartments,
· installation of household electric stoves instead of gas ones,
· relocation of electrical networks, heating plumbing and gas appliances,
· installation of additional ventilation ducts.
To approve the redevelopment, changes must be reflected in the architectural design of the redevelopment.
As for the approval of redevelopment, the owner of an apartment in which redevelopment was carried out without approval of the reflection in the floor plan loses the right to dispose of real estate.
1. You cannot sell, exchange, donate or inherit such an apartment;
2. It is impossible to get a loan from a bank secured by such an apartment;
3. Executive authorities, upon detection of illegal redevelopment, may apply penalties up to and including going to court with claims for the sale of such an apartment at public auction.
To approve the redevelopment of an apartment (non-residential premises), you need to prepare a package of documents:
· an application for redevelopment indicating the timing of the work, a list of planned changes, and a guarantee of providing access to the premises for regulatory authorities to monitor the process and results of the redevelopment;
· documented consent of your neighbors and the building manager;
· copies of documents confirming ownership of the premises;
· floor plan from BTI with copies;
· redevelopment project for approval in cases where it is planned to change load-bearing and main walls, ceilings - issued by a licensed design bureau; in case of minor changes, the redevelopment is approved according to the sketch drawn on top of the floor plan from the BTI;
· technical conclusion on the possibility of carrying out the planned activities - issued by MNIITEP or MOSZHILNIIPROEKT.
Obtaining permission for redevelopment.
To obtain permission for redevelopment, previously it was necessary to visit many authorities from the Moscow Housing Inspectorate and BTI to the sanitary and epidemiological station and other services. Now all documents are submitted to the “One Window” of the local branch of the Moscow Housing Inspectorate.
The list of documents required for approval of the redevelopment of premises (non-residential and residential) may vary depending on the type of premises and its intended purpose. For simple redevelopment of apartments, a simplified procedure applies.
The owner of the apartment must agree on the redevelopment project before the start of work on redevelopment of the apartment. But often our clients begin the procedure for approving the redevelopment of an apartment after they have been presented with claims from supervisory authorities or neighbors. Coordination of redevelopment is also necessary for registration of any transactions with the property.
Redevelopment project - responsible documentation. The development of a redevelopment project must be carried out by an organization that has access to work that affects the safety of capital construction projects.
The redevelopment project is developed on the basis of a technical conclusion on the possibility of redevelopment of the residential premises. Specialists will conduct an inspection of the apartment, any property, prepare a technical report and design documentation for redevelopment.
Project documentation
1. Architectural part
· Apartment/non-residential premises redevelopment project
· Fireplace design
· Design of a separate entrance device
· Project for reconstruction of part of the facade
2. Structural part
· Mezzanine design project
· Design of installation, replacement, repair of floors
· Design of openings in load-bearing walls and ceilings
· Floor extension project
Design and pre-design surveys for redevelopment:
· redevelopment project for apartments and non-residential premises
· technical report on the condition of load-bearing structures (TSK)
· separate entrance project
· architectural and compositional solutions for facades
· constructive solutions for mezzanines
· act for hidden work
· project of previously completed redevelopment
The cost of developing a redevelopment project depends on many factors:
1. area of the redevelopment object;
2. purpose of the premises;
3. the need to develop and complexity of the structural section (SC);
The approximate cost of the redevelopment project can be “estimated” at the rate of 60 rubles per 1 m 2 of room area. For small rooms the cost per square meter increases, for large ones it decreases.
Redevelopment is given a separate chapter of the Housing Code of the Russian Federation. The previous legislation contained only one article - Art. 84 of the RSFSR Housing Code, which allows redevelopment of residential premises only in order to improve the improvement of the apartment, with the consent of the tenant, adult members of his family and the landlord, as well as with the permission of the local administration.
2.2 The concept and types of redevelopment of residential premisesscheniya. Difference from reconstruction
Part 2 art. 25 of the RF Housing Code gives a general name for the redevelopment action, which is legally significant. Such an action is a change in the configuration of a living space, which can take place during the complete or partial dismantling of non-load-bearing partitions, the construction of openings in load-bearing walls and inter-apartment partitions when combining rooms horizontally, the construction of openings in ceilings when combining rooms in a vertical plane, the construction or elimination of doorways etc. Redevelopment measures are legally significant if the results of their implementation entail the need to make changes to the technical passport of the premises. The technical passport of a residential premises should be understood as the technical passport of the premises being rebuilt and (or) replanned, the requirements for which are established in Appendix 11 to the instructions on conducting accounting of the housing stock, approved by order of the Ministry of Land Construction of the Russian Federation dated 04.08.1998 N 37 "On approval of the Instructions on conducting accounting of housing fund in the Russian Federation" (as amended on September 4, 2000). A technical passport of a residential premises is drawn up when residential buildings are accepted into operation or when a residential premises is included in the housing stock.
There are often cases when the concept of “redevelopment” is confused with the concept of reconstruction. The latter is contained in paragraph 14 of Art. 1. Town Planning Code of the Russian Federation: reconstruction - changing the parameters of capital construction projects, their parts (height, number of floors (hereinafter referred to as the number of storeys), area, production capacity indicators, volume) and the quality of engineering and technical support.
2.3 Grounds for reconstruction and redevelopmentresidential premises, their completion
Only the owner of the relevant premises or a person authorized by him can take the initiative to carry out reconstruction and (or) redevelopment of residential premises. In accordance with Part 1 of Art. 26 of the Housing Code, reconstruction and (or) redevelopment of residential premises is carried out in agreement with the local government body.
To carry out redevelopment of residential premises, in accordance with Part 2 of Art. 26 of the Housing Code of the Russian Federation, the owner of this premises or a person authorized by him (hereinafter referred to as the applicant) provides to the approval body at the location of the residential premises being rebuilt and (or) replanned:
1. Application for reconstruction and (or) redevelopment in the form approved by the federal executive body authorized by the Government of the Russian Federation.
2. Title documents for the residential premises being rebuilt and (or) redeveloped (originals or notarized copies of the certificate of ownership of residential premises, purchase and sale agreement for residential premises, donation agreement, exchange, rent, etc.
3. A project for the reconstruction and (or) redevelopment of the residential premises being rebuilt and (or) redesigned in accordance with the established procedure. The project must contain a conclusion on its compliance with the requirements of construction, sanitary, fire, environmental standards and regulations.
4. Technical passport of the rebuilt and (or) redesigned residential premises.
5. Consent in writing of all family members of the tenant occupying the redesigned residential premises on the basis of a social tenancy agreement.
The body carrying out the approval does not have the right to require the provision of other documents other than those specified in Part 2 of Art. 26 of the Housing Code of the Russian Federation.
Let's consider an example: “The owner submitted to the body carrying out the approval a list of documents listed in Part 2 of Art. 26 Housing Code of the Russian Federation. In turn, the body carrying out the approval of redevelopment and reconstruction demanded from the owner a notarized copy of the daughter’s consent to these actions. The owner responded to this by refusing to provide additional documents, because... This is not provided for in Part 2 of Art. 26 Housing Code of the Russian Federation. To protect violated rights, the owner can contact the prosecutor’s office at the location of the residential premises, because the requirements of the body carrying out the approval of reconstruction and (or) redevelopment are not legal.”
After receiving the documents, the body carrying out the approval is obliged to issue the applicant a receipt of receipt of the documents indicating their list and the date of their receipt.
Art. 28 of the Housing Code of the Russian Federation contains rules establishing the form of confirmation of the completion of reconstruction and (or) redevelopment of residential premises - an acceptance committee act, and determining the competent authority to which it is sent - the organization (body) for recording real estate objects.
2.4 Refusal to approve reconstruction and redevelopmentresidential premises
Refusal to approve the reconstruction and (or) redevelopment of residential premises, as defined in Part 1 of Art. 27 of the Housing Code of the Russian Federation is allowed if:
· the documents specified in Part 2 of Art. 26 Housing Code of the Russian Federation;
· documents were submitted to the wrong authority;
· the project for reconstruction and (or) redevelopment of residential premises does not comply with legal requirements.
Certain difficulties in practice may be caused by submitting to the body carrying out the approval the written authority of the tenant to submit documents issued to him by the landlord - in accordance with Art. 185 of the Civil Code of the Russian Federation - powers of attorney, because it is not included in the list of documents specified in Part 2 of Art. 26 residential complexes. The absence of such a power of attorney is not a basis for refusal to approve the reconstruction and (or) redevelopment of a residential premises, but serves as a basis for refusal to accept an application.
Non-compliance of the residential redevelopment project with the requirements of the current one may be expressed in violation of the regulations established by law - refurbishment and redevelopment of residential buildings and apartments (rooms) are not allowed, leading to a violation of the strength or destruction of the load-bearing structures of the building, a disruption in the operation of engineering systems and (or) installed on equipment, deterioration of the safety and appearance of facades, violation of fire safety devices, redevelopment of apartments (rooms), worsening the operating and living conditions of all or individual citizens of the house or apartment.
In accordance with Part 3 of Art. 27 of the RF Housing Code defines a three-day period for making a decision to refuse approval for reconstruction and (or) redevelopment and the judicial procedure for appealing such a decision.
2.5 Unauthorized reconstruction and redevelopmentsilt premises, their consequences
Housing Code of the Russian Federation in Art. 29 defined the rules establishing the concept, characteristics and legal consequences of unauthorized reconstruction and (or) redevelopment of residential premises.
Art. 29 of the RF Housing Code is very similar to Art. 222 of the Civil Code of the Russian Federation, especially in relation to sanctions, but the main difference between unauthorized construction and unauthorized reconstruction and (or) redevelopment of residential premises is that the building is an object, redevelopment and reconstruction are certain actions on the object.
So, in accordance with. Part 1 Art. 29 of the Housing Code of the Russian Federation, unauthorized reconstruction and (or) redevelopment of residential premises carried out in the absence of the basis provided for in Part 6 of Article 26 of the Housing Code of the Russian Federation, or in violation of the reconstruction and (or) redevelopment project submitted in accordance with clause 3 of Part 2 Article 26 of the Housing Code of the Russian Federation.
Unauthorized redevelopment of residential premises in apartment buildings - entails the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles.
In accordance with Part 3 of Art. 29 of the Housing Code of the Russian Federation, the owner of a residential premises that has been unauthorizedly rebuilt and (or) replanned is obliged to bring such residential premises to their previous condition within a reasonable time and in the manner established by the body carrying out the approval. If the relevant residential premises are not restored to their previous condition within the specified period, on the basis of Part 5 of Art. 29 of the Housing Code of the Russian Federation, the court, upon the claim of the body carrying out the approval of the redevelopment of residential premises, makes a decision:
In relation to the owner of the sale of such residential premises at public auction with payment to the owner of the proceeds from the sale of such residential premises minus the costs of executing the court decision.
In relation to the tenant of such residential premises under a social tenancy agreement, the termination of this agreement with the imposition on the owner of such residential premises, who was the lessor under the said agreement, the obligation to bring such residential premises to its previous condition. In this case, we are talking about the eviction of the tenant from the residential premises, as a legal and actual consequence of termination of the contract.
Part 6 art. 29 of the Housing Code of the Russian Federation provides that the body carrying out the approval for the new owner of the residential premises, which was not restored to its previous state in accordance with Part 3 of Art. 29 of the Housing Code, or for the owner of such a residential premises, who was the lessor as terminated in accordance with Part 5 of Art. 29 of the Housing Code of the Russian Federation in accordance with the contract, establishes a new deadline for bringing such residential premises to their previous condition. If such residential premises are not restored to their previous condition within the specified period and in the manner previously established by the body carrying out the approval, such residential premises are subject to sale at public auction in accordance with Part 5 of Art. 29 Housing Code of the Russian Federation.
But subject to the grounds and conditions specified in Part 4 of Art. 29 of the Housing Code of the Russian Federation, rebuilt and (or) redesigned residential premises can be preserved in this form - the owner or tenant of the residential premises may be released from the obligation to bring such premises to its previous condition only on the basis of a court decision, if the fact of redevelopment and (or) redevelopment no rights were violated and
the interests of citizens protected by law or the reconstruction and (or) redevelopment carried out do not pose a threat to the life and health of citizens.
Conclusion
Industrial practice is one of the important components in the process of training specialists in the field of enterprise management. During my practical training, I had the opportunity to become familiar with the document flow of the BTI organization and its business activities. I studied the organizational and legal form of the organization and the structure of enterprise management.
BTI has its own organizational structure. It is determined by the socio-political nature of the state, its social and functional role, goals and content of activity.
The main advantage is the speed of work without loss of quality of services provided, due to the presence of an archival database, significant experience and specialists in all areas necessary for real estate transactions, such as market valuation, design, land management, etc. As well as the availability of information, the reliability of information , urgency.
The high-tech equipment and highly qualified personnel available at the enterprise allow us to carry out inventory work in a short time and with the best quality.
Increasing the level of competitiveness of an organization is decisively determined by the quality of existing personnel: their qualifications and potential. Of course, the qualities of individual managers play an important role for the effective operation of the enterprise, but its stability depends, first of all, on the qualities of the “average” personnel, which in turn are determined by the existing labor management system.
The specifics of BTI activities impose the following requirements on personnel:
in the general cultural aspect - speech culture, literacy, tact, ability to persuade;
in the professional - competence, discipline, ability to think big, act according to instructions and find a creative solution;
in the personal - honesty, independence, initiative, sociability and reliability.
Therefore, the manager’s personnel policy is aimed at systematic training of personnel through consulting, participation in seminars and conferences. Professional training is a continuous process.
As for the individual assignment for practice - recently, the reconstruction and redevelopment of residential premises is happening all the time - people strive to improve their living conditions, to make them more comfortable. Often, when carrying out redevelopment or reconstruction of a residential premises, some do not even realize that there is a certain procedure, that it is necessary to make certain approvals, and also do not know about the legal liability for violating such an order. As a rule, typical redevelopment of premises does not always suit the owners of the premises. But in order to carry out redevelopment or reconstruction, it is necessary to obtain permission in the manner prescribed by law.
This work examined the concepts and types of reconstruction and redevelopment, the procedure and grounds for their implementation, and the legal consequences of unauthorized reconstruction and redevelopment.
WITHlist of used literature
1. Constitution of the Russian Federation (as amended on December 30, 2008 No. 6-FKZ) // Ross. Gas. 1993. 25 Dec;
2. Civil Code of the Russian Federation. Part one dated November 30, 1994 No. 51-FZ. (as amended by Federal Laws No. 18-FZ dated February 20, 1996, as amended by Federal Laws No. 161-FZ dated July 24, 2008).
3. Town Planning Code of the Russian Federation of December 29, 2004 No. 190-FZ (as amended by Federal Laws of July 22, 2005 No. 117-FZ, as amended by Federal Law of July 27, 2010 No. 226-FZ).
4. Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ (as amended by Federal Laws dated December 31, 2005 No. 199-FZ, dated December 18, 2006 No. 232-FZ, dated December 29, 2006 No. 250-FZ).
5. Code of Administrative Offenses of the Russian Federation (as amended by Federal Laws of April 25, 2002 No. 41-FZ, as amended by Federal Laws of July 24, 2007 No. 212-FZ, Resolution of the Constitutional Court of the Russian Federation of July 13, 2010 No. 15- P, Federal laws dated July 23, 2010 No. 176-FZ, dated July 27, 2010 No. 224-FZ, dated July 27, 2010 No. 226-FZ, dated July 30, 2010 No. 242-FZ).
6. Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” (as amended on July 27, 2010).
7. Decree of the President of the Russian Federation dated May 12, 2008 No. 724 “Issues of the system and structure of federal executive authorities” (as amended on August 27, 2010).
8. Decree of the Government of the Russian Federation dated April 28, 2005 No. 266 “On approval of the application form for the reconstruction and (or) redevelopment of residential premises and the form of the document confirming the decision to approve the reconstruction and (or) redevelopment of residential premises” (as amended on September 21. 2005).
9. Order of the Ministry of Land Construction of the Russian Federation dated 04.08.1998 No. 37 “On approval of the Instructions on accounting of housing stock in the Russian Federation” (as amended on 04.09.2000).
10. Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 “On approval of the Rules and Standards for the technical operation of the housing stock.”
11. Decree of the Government of the Russian Federation dated January 28, 2006 No. 47 “On approval of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction” (as amended on August 2, 2007).
12. Resolution of the Presidium of the Supreme Court of the Russian Federation dated September 27, 2006 / Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the second quarter of 2006 // Bulletin of the Supreme Court. - 2006. - No. 1.
13. Order of the Ministry of Regional Development of the Russian Federation dated February 25, 2005 No. 17 “On approval of Methodological Recommendations for public authorities of the constituent entities of the Russian Federation and local governments on establishing the procedure for recognizing citizens as low-income for the purpose of registering and providing low-income citizens recognized as needing residential premises with premises of the municipal housing stock under social rental agreements.”
14. Commentary on the Housing Code of the Russian Federation (item-by-item) / O.A. Gorodov, A.K. Gubaeva, M.N. Long-haired (etc.); edited by O.A. Gorodova. - 3rd ed., revised. and additional - M.: Prospekt, 2009. - 464 p.
15. Goremykin V.A. Economics of real estate: textbook / V.A. Goremykin. - 5th ed., revised. and additional - M.: Higher Education, 2008. - 808 p.
Appendix 1
Redevelopment projects for a 1-room apartment.
* Professional inspection with engineering calculations;
* Reinforcement of walls and lintels with metal structures.
Redevelopment projects for a 2-room apartment
Typical redevelopment project.
The redevelopment does not affect the supporting structures. Coordination of redevelopment takes place according to a simplified scheme.
Constructions under construction are marked in blue.
Red - demolished structures
When making openings in load-bearing walls, it is necessary
The redevelopment involves combining a bathroom.
Floor waterproofing is required.
Redevelopment projects for a 3-room apartment
Typical redevelopment project.
The redevelopment does not affect the supporting structures. Coordination of redevelopment takes place according to a simplified scheme.
Constructions under construction are marked in blue.
Red - demolished structures
When making openings in load-bearing walls, it is necessary
1. Professional inspection with engineering calculations;
2. Reinforcement of piers and lintels with metal structures.
An opening in a non-load-bearing partition wall does not require reinforcement with metal structures
When remodeling a bathroom, waterproofing the floor is necessary.
Application2
Appendix 3
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Citizens visiting a technical inventory bureau sometimes have only an approximate and incomplete idea of what BTI is. Meanwhile, its functions are quite numerous.
How to decrypt BTI
This is the name of the state organization that conducts technical records, surveys, and registration of documents of property rights holders.
According to industry guidelines, real estate means:
- housing (including office);
- social buildings (hotels, boarding schools, hostels, shelters, etc.);
- other objects not related to the housing stock.
In the 90s of the 20th century, the breakdown of the public-state system led to the destruction of the state system of technical inventory of the housing stock; it has now been restored and developed
What does he do?
A visit to the BTI is necessary in the following cases:
- compilation of reporting and reference materials on the housing stock;
- registration of rights to real estate and transactions with it;
- determining its technical condition and physical wear;
- commissioning of structures and premises;
- implementation of tax measures;
- assignment of cadastral numbers;
- legalization of condominiums.
As site surveys are carried out, current changes are reflected in the relevant sections of the technical documentation
In accordance with Government Decree No. 1301 dated October 13, 1997, the functions of the technical inventory bureau are as follows:
- technical inventory and certification of housing stock and other real estate;
- monitoring their technical condition;
- their evaluation and revaluation;
- consulting and information support related to real estate accounting.
The results of technical inventory are necessary to replenish the Unified State Register of Real Estate (USRN, Rosreestr), formalize state registration of rights to property and transactions with it. In parallel, they can be used to calculate the amount of property tax and for statistical accounting.
The result of the technical inventory of an object is a separate technical passport, which records its physical presence, address, owner, boundaries and other characteristics, as well as cost, physical condition, assigned numbers of various categories and, finally, a mark on entry into the register.
The technical passport with attachments created on the basis of surveys form an inventory file with a special number, stored in the archive.
Some people mistakenly consider the BTI to be a structure with dual subordination - territorial and departmental. In fact, this is a purely unitary enterprise, transferred to local authorities (it can exist in the form of a service, department, center or bureau itself). The municipality is its founder, the Ministry of Justice provides exclusively normative and methodological support for the work of the bureau, which concerns the registration of ownership rights to real estate.
The paradox is that BTI, in fact being a communal commercial institution, formally acts on behalf of the state and represents its interests, and not the population living in a given territory. In addition, each peripheral BTI is a separate division of the regional (regional, republican) department of inventory and real estate assessment.