Article 26

1. Reorganization and (or) redevelopment of premises in an apartment building are carried out in compliance with the requirements of the legislation in agreement with the local government body (hereinafter referred to as the body that carries out the coordination) on the basis of a decision taken by it.

2. To carry out the reorganization and (or) redevelopment of premises in an apartment building, the owner of this premises or a person authorized by him (hereinafter in this chapter - the applicant) to the body that carries out the coordination at the location of the reorganized and (or) replanned premises in an apartment building directly or through a multifunctional center in accordance with the concluded by them in the established by the Government Russian Federation by way of an agreement on interaction represents:

1) an application for reorganization and (or) redevelopment in the form approved by the authorized Government of the Russian Federation federal body executive power;

2) title documents for the re-arranged and (or) re-planned premises in an apartment building (originals or notarized copies);

3) a project prepared and executed in accordance with the established procedure for the reorganization and (or) redevelopment of the rebuilt and (or) replanned premises in an apartment building, and if the reconstruction and (or) redevelopment of the premises in an apartment building is impossible without attaching to this premises a part of the common property in an apartment building , also the minutes of the general meeting of owners of premises in an apartment building on the consent of all owners of premises in an apartment building to such reorganization and (or) redevelopment of premises in an apartment building, provided for by paragraph 2 of Article 40 of this Code;

4) technical certificate reorganized and (or) replanned premises in an apartment building;

5) the consent in writing of all members of the tenant's family (including temporarily absent members of the tenant's family) occupying the rebuilt and (or) replanned living quarters on the basis of a social tenancy agreement (if the applicant is authorized by the landlord to submit the documents provided for in this paragraph the tenant of the rebuilt and (or) replanned residential premises under a social tenancy agreement);

6) the conclusion of the body for the protection of monuments of architecture, history and culture on the admissibility of reorganization and (or) redevelopment of premises in an apartment building, if such premises or the house in which it is located is a monument of architecture, history or culture.

2.1. The applicant has the right not to submit the documents provided for by paragraphs 4 and 6 of part 2 of this article, and also if the right to a rebuilt and (or) replanned premises in an apartment building is registered in the Unified State Register of Real Estate, the documents provided for by paragraph 2 of part 2 of this article . To consider an application for the reorganization and (or) redevelopment of premises in an apartment building, the approval authority at the location of the rebuilt and (or) replanned premises in an apartment building requests the following documents (their copies or information contained in them), if they have not been submitted by the applicant on his own initiative:

1) title documents for a re-arranged and (or) re-planned premises in an apartment building, if the right to it is registered in the Unified State Register of Real Estate;

2) technical passport of the rebuilt and (or) replanned premises in an apartment building;

3) the conclusion of the body for the protection of monuments of architecture, history and culture on the admissibility of reorganization and (or) redevelopment of premises in an apartment building, if such premises or the house in which it is located is a monument of architecture, history or culture.

3. The body that carries out the coordination is not entitled to require the applicant to submit other documents, except for the documents, the demand for which from the applicant is allowed in accordance with parts 2 and 2.1 of this article. The applicant is issued a receipt on receipt of documents from the applicant, indicating their list and the date of their receipt by the approval authority, as well as indicating the list of documents that will be received upon interdepartmental requests. In the case of submission of documents through the multifunctional center, the receipt is issued by the specified multifunctional center. State bodies, local self-government bodies and organizations subordinate to state bodies or local self-government bodies, which have at their disposal the documents specified in Part 2.1 of this Article, are obliged to send to the body that carries out the coordination the documents requested by such body (their copies or information contained in them) . The requested documents (their copies or information contained therein) may be submitted on paper, in the form of an electronic document or in the form of copies of the requested documents certified by an authorized person, including in the form of an electronic document.

4. The decision on approval or refusal to approve must be made based on the results of consideration of the relevant application and other documents submitted in accordance with parts 2 and 2.1 of this article by the body performing the approval, no later than forty-five days from the date of submission of documents to this body , the obligation to submit which, in accordance with this article, is assigned to the applicant. If the applicant submits the documents referred to in paragraph 2 of this article through the multifunctional center, the period for making a decision on approval or refusal to approve is calculated from the day the multifunctional center transfers such documents to the body that carries out the approval.

5. Not later than three working days from the date of the adoption of the decision on approval, the body that carries out the approval issues or sends to the address indicated in the application or through the multifunctional center to the applicant a document confirming the adoption of such a decision. The form and content of the said document shall be established by the federal executive body authorized by the Government of the Russian Federation. If an application for reorganization and (or) redevelopment is submitted through a multifunctional center, a document confirming the decision is sent to the multifunctional center, unless another method of obtaining it is indicated by the applicant.

6. The document provided for by part 5 of this article is the basis for the reorganization and (or) redevelopment of premises in an apartment building.

According to Art. 12 of the Housing Code of the Russian Federation, state bodies of the Russian Federation determine the conditions and procedure for the reconstruction and redevelopment of residential premises. Coordination of the reconstruction and (or) redevelopment of real estate objects, as a rule, is carried out in local governments (Art.

13 LCD RF). However, in Moscow and St. Petersburg, this power belongs to the powers of the city executive authorities.

The basis for the execution of documentation is the request of the owner (or a person authorized by him), the user of the facility or the instruction of the authorities, control and supervision. For example, if an application is made by an employer under a social contract of employment, then he must submit a document confirming that the landlord has granted him such powers. Such authority may be expressed by consent to the reorganization or redevelopment. If the dwelling is owned by co-owners on the right of common fractional ownership, then the application of all co-owners is necessary, or one of the co-owners has the right to act by proxy. Consent of the spouse, if the dwelling is shared joint property and registered in the name of the other spouse is assumed. On behalf of minors, incapacitated persons with limited legal capacity, their legal representatives act. On behalf of legal entities and public entities, their bodies act on the basis of constituent documents, powers of attorney.

In order to carry out the reorganization and re-planning of a dwelling, its owner or a person authorized by him to the body that carries out the coordination, at the location of the re-arranged or re-planned dwelling, submits:

Application for reorganization or redevelopment in the form approved by the Government;

Title documents for the re-arranged or re-planned residential premises (originals or notarized copies);

A technical passport and a project for the reorganization or redevelopment of a rebuilt or replanned residential premises prepared and executed in the prescribed manner;

Written consent of all members of the tenant's family (including those temporarily absent) occupying the re-arranged or re-planned residential premises on the basis of a social tenancy agreement (if the applicant is the tenant of the re-arranged or re-planned residential premises under a social tenancy agreement authorized by the landlord to submit the documents provided for in this clause);

The conclusion of the body for the protection of monuments of architecture, history and culture on the admissibility of the reconstruction and (or) redevelopment of a dwelling, if such a dwelling or the house in which it is located is a monument of architecture, history or culture.

The body carrying out the coordination is not entitled to require the submission of other documents, except for those that have been indicated. The applicant is issued a receipt of receipt of documents indicating their list and the date of receipt by the body that carries out the approval.

The application form for reorganization or redevelopment is approved by the Government of Russia. For these purposes, Decree of the Government of the Russian Federation of April 28, 2005 N 266 "On approval of the application form for the reorganization and (or) redevelopment of residential premises and the form of the document confirming the decision to agree on the reconstruction and (or) redevelopment of residential premises" was adopted.

The application itself is a request to allow the reorganization, re-planning, re-arrangement and redevelopment of residential premises occupied on the basis of ownership, lease agreement, lease agreement in accordance with the attached project (project documentation) of re-organization and (or) redevelopment of residential premises.

The statement states:

1. A tenant, or a tenant, or the owner of a dwelling, or the owners of a dwelling that is in common ownership of two or more persons, if none of the owners or other persons is authorized to represent their interests in the prescribed manner. For individuals, the following is indicated: last name, first name, patronymic, details of an identity document (series, number, by whom and when issued), place of residence, telephone number; for a representative individual indicate: surname, name, patronymic of the representative, details of the power of attorney, which is attached to the application. For legal entities, the following is indicated: name, legal form, location address, telephone number, last name, first name, patronymic of the person authorized to represent the interests legal entity, indicating the details of the document certifying these powers and attached to the application.

2. Location of the dwelling. The full address is indicated - a subject of the Russian Federation, a municipality, a settlement, a street, a house, a building, a structure, an apartment (room), an entrance, a floor.

3. The term for the production of repair and construction work and the mode of production of repair and construction work.

The application contains the obligation of the applicant:

Carry out repair and construction work in accordance with the project (design documentation);

Provide free access to the place of repair and construction work for officials of the local government municipality or a body authorized by him to check the progress of work;

Carry out the work in a timely manner and in compliance with the agreed mode of work.

The application also indicates that consent to the reconstruction and (or) redevelopment was received from cohabiting adult family members of the tenant of the dwelling. Such consent must also be expressed by temporarily absent family members of the employer. At the same time, signatures on such consent must be affixed in the presence of the official receiving the documents. Otherwise, a written consent of a family member, certified by a notary, is submitted, with a note about this in the appropriate column of the application.

Disputes between members of the family of the tenant of residential premises, as well as disputes between the tenant and the landlord, on the reorganization and redevelopment of residential and utility premises are under the jurisdiction of the court. When considering such a claim, the court has the right to simultaneously resolve the requirements for the division of residential premises (clause 14 of the Decree of the Plenum of the Supreme Court of the USSR of 04/03/1987 N 2 "On the practice of applying housing legislation by courts" (as amended on 11/30/1990)).

Certificates of ownership, contracts for the acquisition of residential premises on the basis of privatization, purchase and sale, donation, exchange, rent, etc. .d.

It should be noted that, subject to the established procedure for submitting an application and the proper execution of all attached documents, the applicant has the subjective right to demand a positive decision on the reorganization and (or) redevelopment.

The body that coordinates the reorganization (re-planning) of residential premises must:

Register the accepted documents in accordance with the record keeping procedure established in this body;

Issue a written receipt (indicating the date of receipt by the body of applications and other documents listed in Part 2 of Article 26 of the LC RF, as well as a list of these documents). Such a receipt is handed over personally to the applicant (or his representative), the possibility of sending a receipt by mail is not provided for by the norms of the Housing Code of the Russian Federation.

The decision to agree or refuse to agree must be made based on the results of consideration of the application and other submitted in accordance with Part 2 of Art. 26 of the LC RF of documents by the approval authority, no later than forty-five days from the date of submission of these documents to this authority.

The body carrying out the approval, no later than three working days from the date of the decision on approval, issues to the applicant or sends to the address indicated in the application a document confirming the adoption of such a decision. The form and content of the document are established by the Government of Russia. It is established by the already mentioned Decree of the Government of the Russian Federation of April 28, 2005 N 266 "On approval of the application form for the reorganization and (or) redevelopment of residential premises and the form of the document confirming the decision to agree on the reconstruction and (or) redevelopment of residential premises. "

This document serves as the basis for the reconstruction or redevelopment of residential premises.

In accordance with Art. 27 of the Housing Code of the Russian Federation, a refusal to approve the reorganization or redevelopment of residential premises is allowed if the documents listed above are not submitted or they are submitted to the wrong authority, and also if the project for the reconstruction or redevelopment of residential premises does not meet the requirements of the law.

The absence of any information in the submitted documents or their incorrect execution was not named as a reason for refusing to agree on a reorganization or redevelopment. Requirements for the execution of certain documents are provided for in Part 2 of Art. 26 LCD RF. Violation of these requirements is the reason for refusal to agree in accordance with paragraph 1 of part 1 of Art. 27 LCD RF. Additional requirements for documents cannot be made. For example, the body conducting the approval is not entitled to require the consent of all members of the employer's family, certified by a notary or certified by any authorities.

The second reason is related to the submission of documents to the wrong body. The local government is in charge of coordinating the reconstruction or redevelopment. In complex cases of redevelopment of premises (for example, combining several apartments horizontally or vertically), final decisions are made after additional consideration by interdepartmental commissions administrative districts on the use of housing stock.

The third reason for refusing to agree on the reconstruction or redevelopment is the non-compliance of the project for the reconstruction and (or) redevelopment of the residential premises with the requirements of the law. Such requirements may be provided for in the acts listed in Art. Art. 5 and 8 LCD RF. For example, in the Decree of the Gosstroy of Russia dated September 27, 2003 N 170 "On approval of the Rules and Norms technical operation housing stock"the following requirements are provided for: re-equipment and redevelopment of residential buildings and apartments (rooms), leading to a violation of strength or destruction load-bearing structures buildings, disruption of engineering systems and (or) equipment installed on it, deterioration of the safety and appearance of facades, violation of fire protection devices are not allowed; redevelopment of apartments (rooms) that worsens the operating and living conditions of all or individual citizens of a house or apartment is not allowed; it is forbidden to convert bathrooms and shower rooms into living quarters, build up fire passages, stairwells, build up end (light) parts of corridors in corridor-type houses, as well as convert terraces, verandas and loggias into living quarters, if this is not caused by a change in the architectural design of the facade of the entire building.

In addition, the redevelopment or re-equipment carried out must comply with the regulations in force in the field of architecture and construction, in the field of fire protection of residential premises, in the field of sanitary and anti-epidemic welfare of the population. Changes made must also comply with the legislation on cultural property and regulatory legal acts regulating the protection of buildings classified as cultural heritage of the peoples of the Russian Federation.

The decision to refuse to agree on the reorganization or redevelopment of the residential premises must contain the grounds for refusal with a mandatory reference to the violations provided for in Part 1 of Art. 27 LCD RF. Therefore, the refusal must be justified. The refusal decision can be appealed to judicial order. The relevant dispute must be considered in a court of general jurisdiction.

Such a decision is issued or sent to the applicant no later than three working days from the date of the decision and may be appealed by the applicant in court. If the applicant was issued a document confirming the approval of the reorganization (re-planning), which was subsequently declared invalid and invalid (for example, by a court decision), then there is a refusal to agree on the re-organization (re-planning).

The term for consideration of an application for reorganization or redevelopment is one month. Upon completion of the reconstruction or redevelopment, the acceptance committee, which is formed by the executive authority that issued the permit, must accept the object and check the compliance of the changes made with the permit documentation. The established unauthorized deviations from the agreed design solutions are transferred to the authorized body, which assesses their admissibility.

It is possible to proceed with the reconstruction (re-planning) of the living quarters only when the applicant has received a document confirming the adoption of the decision on approval (which clearly states that the reconstruction, redevelopment of the living quarters is allowed).

If the actual changes to the converted premises are recognized as unacceptable, the executive authorities whose decisions were violated take measures so that the violators are held accountable in accordance with the law.

The local self-government body that carries out the coordination sends the act of the acceptance committee to the organization for accounting objects real estate. The interdepartmental commission, having studied the submitted documents and examined the object, makes a decision, which is drawn up in a protocol (act). The decision of the commission is considered to be adopted by a majority of votes in the presence of a quorum. The objections of the members of the commission against the proposed decision shall be stated in writing and attached to the protocol (act). The decision of the interdepartmental commission can be appealed within two weeks to higher interdepartmental commissions, and in case of disagreement with the decision of the city commission - in court.

The Commission, in its decision, sets a deadline for completing the re-equipment or redevelopment, depending on the complexity of the work, which should not exceed six months from the date of approval of the decision. The bureau of technical inventory makes changes to the technical passport of the building after the redevelopment of the premises and their measurements (measurements) by the employees of the bureau in kind.

Completion of the reorganization or redevelopment of the residential premises is confirmed by the act of the acceptance committee, which must be sent by the body that carries out the approval to the organization (body) for recording real estate objects (Article 28 of the LC RF). Since the JK RF does not define the procedure for forming a commission and the requirements for its composition, the regulation of these relations can be carried out by regulatory legal acts of the constituent entities of the Russian Federation, as well as local governments. As a rule, such a commission includes representatives of the Moscow Housing Inspectorate, a territorial executive authority, an organization that manages residential building, the developer (author) of the project, the performer (manufacturer) of the work, as well as the applicant, i.e. the person in whose apartment redevelopment was carried out.

• The concept of housing law
  • housing law system
    • Housing law principles
    • The relationship of housing law with other branches of law
  • Objects of housing law
  • Forms of ownership
• Housing legislation (sources of housing law)
  • Constitutional foundations of housing law
  • The concept of housing law
  • Structure of housing law
  • The effect of housing legislation over time
• housing funds
  • The concept of housing stock
  • Housing stock classification
  • State measures to promote the development of housing construction
• Specialized housing stock
  • The emergence of the right to office space
  • Other grounds for the emergence of the right to housing
  • Residential premises in the houses of the system of social services for the population and funds for the temporary settlement of internally displaced persons and persons recognized as refugees
• housing relations
  • Housing relations as a type of civil legal relations
  • Legal regulation housing relations
  • Requirements for living quarters
  • housing regulations
  • Provision of housing for veterans of the Great Patriotic War of 1941-1945.
• Subjects of housing relations
  • Parties in housing relations
  • Family members of the user of the dwelling
  • Temporary residents
• The emergence of housing relations
  • Social contract
  • Commercial rental
  • Renting a dwelling in the houses of housing cooperatives and residential complexes
  • Participation in shared construction apartment buildings and other real estate
    • State regulation, control and supervision in the field shared construction
  • Emergence of the right to residential premises owned by citizens
• Housing savings cooperatives
  • The concept of a housing savings cooperative
  • Members of a housing savings cooperative: rights, duties, responsibilities
  • Sources of financing the activities of a housing savings cooperative
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    • Control over the activities of a housing savings cooperative
  • Creation, reorganization and liquidation of a housing savings cooperative
• Mortgage (pledge of real estate)
  • Mortgage agreement (mortgage of real estate)
  • Ensuring rights under a mortgage agreement
  • Features of a mortgage for military personnel
    • Organization of the savings and mortgage system
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    • government regulation, state control(supervision) in the field of relations on the formation, investment and use of savings for housing
  • Features of providing young families with social payments for the purchase of housing
  • Responsibility for violation of contractual obligations and norms of housing legislation
• homeowners association
  • Establishment and operation of a homeowners association
  • Legal status homeowners association members
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• Change in housing relations
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  • Moving other family members into the dwelling. Departure from residential premises
  • Section of the dwelling. Combining dwelling users into one family
  • Change of tenant or cooperative member. Refusal of the user from part of the living quarters
  • Transfer of residential premises to another legal regime
• Refurbishment and remodeling of living quarters
  • The concept and types of reorganization and redevelopment
  • Grounds for reorganization and redevelopment
  • Liability for illegal reconstruction and re-planning of housing
• Disposition of living quarters
  • Contract for the sale of a residential property
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• Protection of housing relations
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• • Payment for housing and utilities
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• • State policy in the field of housing affordability to the population. New Housing Code of the Russian Federation and the right to housing
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• • Fund for Assistance to the Reform of Housing and Communal Services
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• Home insurance
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• Judicial defense housing rights
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    • Claims for award
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  • Protection of the right to choose a place of residence, the right to register at the place of residence and at the place of stay
• • Legal regulation of housing relations in the context of preparations for the 2014 Olympics

Grounds for reorganization and redevelopment

Reconstruction and redevelopment of residential premises are carried out in compliance with the requirements of the law in agreement with the local government on the basis of its decision (Article 26 of the LC RF). List of documents set out in part 2 of this article is exhaustive. State authorities of the Russian Federation and its subjects, local governments are not entitled to require any other documents. Otherwise, their actions may be challenged in court as unlawful.

In order to carry out the reorganization and (or) redevelopment of residential premises, the owner of this premises or a person authorized by him (hereinafter referred to as the applicant) shall submit to the body that carries out the coordination at the location of the reorganized and (or) replanned residential premises:

• an application for the reorganization and (or) redevelopment in the form approved by the Government of the Russian Federation (the form of such an application was approved by the Decree of the Government of the Russian Federation of April 28, 2005 “On approval of the application form for the reorganization and (or) redevelopment of a dwelling and the form of a document confirming the decision to approval of the reorganization and (or) redevelopment of residential premises”);
• title documents for the re-arranged and (or) re-planned residential premises (originals or notarized copies);
• a project for the reorganization and (or) redevelopment of the reorganized and (or) planned residential premises prepared and executed in the prescribed manner;
• technical passport of the rebuilt and (or) replanned residential premises;
• consent in writing of all members of the tenant's family (including temporarily absent members of the tenant's family) occupying the rebuilt and (or) replanned living quarters on the basis of a social tenancy agreement (in the event that the applicant is the tenant authorized by the landlord to submit the documents provided for in this paragraph re-arranged and (or) re-planned residential premises under a social tenancy agreement);
• conclusion of the body for the protection of monuments of architecture, history and culture on the admissibility of reorganization and (or) redevelopment of a dwelling, if such a dwelling or the house in which it is located is a monument of architecture, history or culture.

The application form for reorganization or redevelopment must be approved by the Government of Russia. Prior to such approval, forms may be developed by other bodies. Certificates of ownership, contracts for the acquisition of residential premises on the basis of privatization, purchase and sale, donation, exchange, rent, etc. .d.

The body carrying out the coordination is not entitled to require the submission of documents other than those listed. The applicant will be issued a receipt of receipt of the documents indicating their list and the date of their receipt by the approval authority. The decision on approval or refusal to approve must be made based on the results of consideration of the relevant application and other submitted documents by the body that carries out the approval, no later than 45 days from the date of submission of these documents to this body.

The body carrying out the approval, no later than three working days from the date of the decision on approval, issues or sends to the address indicated in the application to the applicant a document confirming the adoption of such a decision. The form and content of this document are established by the Government of the Russian Federation. Such a document is the basis for the reorganization and (or) redevelopment of the residential premises. Refusal in the coordination of the reorganization and (or) redevelopment of the residential premises is allowed in the event of:

1. failure to submit the required documents;
2. submission of documents to the wrong authority;
3. non-compliance of the project of reconstruction and (or) redevelopment of the residential premises with the requirements of the legislation.

First Foundation consists in the absence of any documents listed in Part 2 of Art. 26 LCD RF. The said norm provides for the requirements for the execution of certain documents. Violation of these requirements serves as a basis for refusal to agree in accordance with paragraph 1 of part 1 of Art. 27 LCD RF. Additional requirements for documents cannot be made. For example, the approval authority is not entitled to require the consent of all members of the employer's family in a notarial form or certified by any authorities.

Second base associated with the submission of documents to the wrong authority. Coordination of the reconstruction or redevelopment is carried out by the local government. In complex cases of redevelopment of premises (for example, combining several apartments horizontally or vertically), final decisions are made after additional consideration at meetings of interdepartmental commissions of administrative districts or a city interdepartmental commission on the use of housing stock. The decision of the interdepartmental commission of the district is approved by the sub-prefect, the decision of the interdepartmental commission of the administrative district is approved by the prefect, the decision of the city interdepartmental commission is approved by the Municipal Housing Committee.

Third ground to refuse to agree on the reconstruction or redevelopment - non-compliance of the project of reconstruction and (or) redevelopment of the residential premises with the requirements of the law. Such requirements may be provided for in the acts listed in Art. 5 and 8 LCD RF. For example, the resolution of the Gosstroy of Russia dated September 27, 2003 No. 170 “On approval of the Rules and norms for the technical operation of the housing stock” provides for the following requirements:

• re-equipment and re-planning of residential buildings and apartments (rooms), leading to a violation of the strength or destruction of the supporting structures of the building, a disruption in the operation of engineering systems and (or) equipment installed on it, deterioration in the safety and appearance of facades, violation of fire-fighting devices. not allowed;
• redevelopment of apartments (rooms) that worsens the operating and living conditions of all or individual citizens of a house or apartment is not allowed; for example, it is forbidden to convert used bathrooms and shower rooms into living quarters, build up fire passages, stairwells, build up end (light) parts of corridors in corridor-type houses, as well as convert terraces, verandas and loggias into living quarters, if this is not caused by a change in architectural decoration of the facade of the entire building.

Refusal decision in coordinating the reorganization or redevelopment of the living quarters, it must contain the grounds for refusal with the obligatory reference to the violations provided for in Part 1 of Art. 27 LC RF; it is issued or sent to the applicant no later than three working days from the date of its acceptance and may be appealed by the applicant in court.

Completion of the reconstruction and (or) redevelopment of the residential premises is confirmed by the act of the acceptance committee. The act of the acceptance commission must be sent by the body that carries out the approval to the body or organization that carries out state registration of real estate objects in accordance with federal law"On the State Cadastre of Real Estate".

The term for consideration of an application for reorganization or redevelopment is one month.

Upon completion of the reorganization or redevelopment acceptance committee must accept the object and check the compliance of the changes made with the permits. This commission is formed by the executive authority that issued the permit. Identified unauthorized deviations from the agreed design solutions are transferred to the authorized body, which assesses whether they are acceptable. If the actual changes in the converted premises are recognized as unacceptable, then the executive authorities, whose decisions were violated. take measures to bring violators to justice in accordance with the law.

The local self-government body that carries out the coordination sends act of the acceptance committee to a real estate agency. The interdepartmental commission, having studied the submitted documents and inspecting the object, makes a decision, which is drawn up in a protocol (act). The decision of the commission is considered to be adopted by a majority of votes in the presence of a quorum.

Objections of individual members of the commission against the decision shall be stated in writing and attached to the protocol (act). The decision of the interdepartmental commission can be appealed within two weeks to higher interdepartmental commissions, and in case of disagreement with the decision of the city commission - in court. The order of the prefect (sub-prefect), allowing the re-planning (re-equipment) of the premises of a residential building, is issued to the applicant and sent to the BTI.

The Commission, in its decision, sets a deadline for completion of the re-equipment or re-planning works, depending on their complexity, which should not exceed six months from the date of approval of the decision. The bureau of technical inventory makes changes to the technical passport of the building after the redevelopment of the premises and their measurements (measurements) by the employees of the bureau in kind and sends information about them to the appropriate municipal housing authority for making these changes to the data bank of the corresponding municipality.

Completion of the reorganization or redevelopment of the residential premises is confirmed by the act of the acceptance committee, which must be sent by the body that carries out the approval to the organization (body) for recording real estate objects (Article 25 of the RF LC).

Represents the installation, replacement or transfer of engineering networks, sanitary, electrical or other equipment, requiring changes in the technical passport of the dwelling.

represents a change in its configuration, requiring a change in the technical passport of the dwelling.

Reorganization and (or) redevelopment of residential premises are carried out in compliance with the requirements of the legislation in agreement with the local government (hereinafter referred to as the body that carries out the approval) on the basis of a decision made by it.

To carry out the reorganization and (or) redevelopment of the residential premises of this premises or a person authorized by him (hereinafter referred to as the applicant) to the body that carries out the coordination, at the location of the reorganized and (or) replanned residential premises, submits:

1. Application for reorganization and (or) redevelopment in the form approved by the Government of the Russian Federation.
2. Title documents for the re-arranged and (or) re-planned residential premises (originals or notarized copies).
3. A project for the reorganization and (or) re-planning of a re-arranged and (or) re-planned residential premises prepared and executed in the prescribed manner.
4. Technical passport of the re-arranged and (or) re-planned residential premises.
5. Consent in writing of all members of the tenant's family (including temporarily absent members of the tenant's family) occupying the re-arranged and (or) re-planned residential premises on the basis of a social tenancy agreement (if the applicant is the tenant of the re-arranged and (or) replanned residential premises under a social tenancy agreement).
6. The conclusion of the body for the protection of monuments of architecture, history and culture on the admissibility of the reconstruction and (or) redevelopment of a dwelling, if such a dwelling or the house in which it is located is a monument of architecture, history or culture.

The body carrying out the coordination is not entitled to require the submission of other documents other than the documents specified in Part 2 of Art. 26 Housing Code RF. The applicant is issued a receipt of receipt of the documents indicating their list and the date of their receipt by the approval authority.

The decision to agree or refuse to agree must be made based on the results of consideration of the relevant application and other submitted in accordance with Part 2 of Art. 26 of the LC RF of documents by the approval authority, no later than forty-five days from the date of submission of these documents to this authority.

The body carrying out the approval, no later than three working days from the date of the decision on approval, issues or sends to the address indicated in the application to the applicant a document confirming the adoption of such a decision. The form and content of this document are established by the Government of the Russian Federation. This document is the basis for the reorganization and (or) redevelopment.

Refusal to agree on the reorganization and (or) redevelopment of residential premises is allowed in the following cases:

• failure to submit certain hours. 2 Article. 26 ZhK RF documents;
• submission of documents to the wrong authority;
• non-compliance of the project of reconstruction and (or) redevelopment of the residential premises with the requirements of the legislation.

The decision to refuse to agree on the reorganization and (or) redevelopment of the residential premises must contain the grounds for refusal with a mandatory reference to violations.

The decision to refuse to agree on the reorganization and (or) redevelopment of the residential premises is issued or sent to the applicant no later than three working days from the date of such a decision and may be appealed by the applicant in court.

Completion of the reconstruction and (or) redevelopment of the residential premises is confirmed by the act of the acceptance committee. The act of the acceptance commission must be sent by the body that carries out the approval to the organization (body) for registering real estate objects.

A person who has arbitrarily rearranged and (or) replanned a dwelling shall bear liability provided for by law. The owner of a dwelling that has been arbitrarily rearranged and (or) replanned, or the tenant of such a dwelling, is obliged to bring such a dwelling to its previous state within a reasonable time and in the manner established by the body that carries out the coordination.

On the basis of a court decision, a dwelling may be kept in a rebuilt and (or) replanned state, if this does not violate the rights and legitimate interests of citizens or this does not pose a threat to their life or health.

If the unauthorized re-arranged and (or) re-planned residential premises are not brought to their previous state on time, then the court, at the claim of the body that carries out the coordination, provided that the decision provided for in Part 4 of Art. 29 of the Housing Code of the Russian Federation decides:

1. With regard to the owner on the sale at public auction of such residential premises with the payment to the owner of the proceeds from the sale of such residential premises, minus the costs of execution judgment with the imposition on the new owner of such a dwelling of the obligation to bring it to its previous state.
2. With regard to the tenant of such a dwelling under a social tenancy agreement on the termination of this agreement with the imposition on the owner of such a dwelling, who was the landlord under the specified agreement, the obligation to bring such a dwelling to its previous state.

Coordination of the reconstruction and redevelopment of residential premises: Video

How often people are faced with the issues of reorganization and redevelopment of residential premises, having superficially familiarized themselves, or even knowing practically nothing about the rules for carrying out these activities, without caring about giving the reorganization the status of legality. Of course, permission for cosmetic repairs (replacement of wallpaper, tiles, etc.) in the apartment is not required. However, often in unintentional neglect of the procedure for obtaining permission for a planned restructuring, and even more often in the consequences of giving illegal restructuring the status of legality, people suffer truly unpleasant surprises.

So, the issues of reorganization and redevelopment of residential premises are regulated by Chapter 4 of the Housing Code of the Russian Federation (hereinafter referred to as the RF Housing Code).

The very definitions of reorganization and redevelopment are given in Art. 25 LCD RF. Part one of this article states that residential renovation is the installation, replacement or transfer of engineering networks, sanitary, electrical or other equipment, requiring changes to the technical passport of the dwelling. Remodeling of a living space- this is a change in its configuration, requiring a change in the technical passport of the dwelling.

The following article of the code sets out a list of grounds for the reorganization and (or) redevelopment of residential premises, which are carried out in compliance with the requirements of the law in agreement with the local government body (hereinafter referred to as the body that carries out the coordination) on the basis of its decision. In order to carry out the reorganization and (or) re-planning of the residential premises, the owner of this premises or a person authorized by him (hereinafter referred to as the applicant) submits to the body that carries out the approval at the location of the re-arranged and (or) re-planned residential premises:

1) an application for reorganization 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 re-arranged and (or) re-planned residential premises (originals or notarized copies);

3) a project for the reorganization and (or) re-planning of the re-arranged and (or) re-planned residential premises prepared and executed in the prescribed manner;

4) technical passport of the rebuilt and (or) replanned residential premises;

5) the consent in writing of all members of the tenant's family (including temporarily absent members of the tenant's family) occupying the rebuilt and (or) replanned living quarters on the basis of a social tenancy agreement (if the applicant is authorized by the landlord to submit the documents provided for in this paragraph the tenant of the rebuilt and (or) replanned residential premises under a social tenancy agreement);

6) the conclusion of the body for the protection of monuments of architecture, history and culture on the admissibility of reorganization and (or) redevelopment of residential premises, if such residential premises or the house in which it is located is a monument of architecture, history or culture.

The third part of the same article contains an important clarification that the body that carries out the coordination, not entitled demand the submission of other documents other than the documents established by part 2 of this article. The applicant is issued a receipt of receipt of the documents indicating their list and the date of their receipt by the approval authority.

The decision to approve or refuse to approve must be made based on the results of consideration of the relevant application and other documents submitted in accordance with Part 2 of this Article by the body performing the approval, no later than forty-five days from the date of submission of these documents to this body. This document is the basis for the reorganization and (or redevelopment of the dwelling.

The approval authority no later than three working days from the date of the decision on approval, issues or sends to the address indicated in the application to the applicant a document confirming the adoption of such a decision. The form and content of the said document shall be established by the federal executive body authorized by the Government of the Russian Federation.

The authorized body may refuse to agree on the reorganization and (or) redevelopment of residential premises on the following grounds:

1) failure to submit the above list of documents;

2) submission of documents to the wrong body;

3) non-compliance of the project of reconstruction and (or) redevelopment of the residential premises with the requirements of the legislation.

The decision to refuse to agree on the reorganization and (or) redevelopment of the residential premises must contain the reasons for the refusal with a mandatory reference to one or more of the above three points. The said decision shall be issued or sent to the applicant no later than three working days from the date of such decision, and may be challenged by the applicant in court.

Completion of the reconstruction and (or) redevelopment of the residential premises is confirmed by the act of the acceptance committee. The act of the acceptance commission must be sent by the body that carries out the approval to the body or organization that carries out state registration of real estate objects in accordance with the Federal Law "On the State Cadastre of Real Estate".

RF LC clearly defines consequences of unauthorized reorganization and (or) unauthorized redevelopment of residential premises, one of which is the commission of the above actions without the decision of the authorized body or in violation of the reconstruction and (or) redevelopment project.

Responsibility of a person who allowed unauthorized redevelopment of residential premises in apartment buildings, provided for by Part 2 of Art. 7.21 of the Code of Administrative Offenses of the Russian Federation (hereinafter - KRFoAP) and is appointed in the form administrative fine in the amount of two thousand to two thousand five hundred rubles.

However, that's not all! The owner of a dwelling that was arbitrarily rearranged and (or) replanned, or the tenant of such a dwelling under a social tenancy agreement shall be obliged to restore such premises to their previous condition within a reasonable time and in the manner prescribed by the approval authority.

If the relevant residential premises are not restored to their previous state within a reasonable time by the person carrying out the coordination, the court, at the claim of this body, makes the following decisions:

1) in relation to the owner on the sale at public auction of such a dwelling with the payment to the owner of the proceeds from the sale of such a dwelling, minus the costs of the execution of a court decision, with the imposition on the new owner of such a dwelling of the obligation to bring it to its previous state;

2) in relation to the tenant of such residential premises under a social tenancy agreement on the termination of this agreement with the imposition on the owner of such residential premises, who was the landlord under the specified agreement, the obligation to bring such residential premises to their previous state.

At the same time, on the basis of a court decision, a dwelling may be kept in a rebuilt and (or) replanned state, if this does not violate the rights and legitimate interests of citizens or this does not pose a threat to their life or health.

In conclusion, I would like to note that the body that carries out the coordination, for the new owner of the residential premises, which was not brought to its previous state in the prescribed manner, or for the owner of such residential premises, who was the landlord under the contract terminated in the prescribed manner, sets a new deadline for bringing such housing to its original state. If such a dwelling is not brought to its previous state within the specified period and in the manner previously established by the body that carries out the approval, such a dwelling to be sold at public auction.

In most cases, it is necessary to resort to the help of specialists in carrying out both the reorganization of the living quarters itself and in preparing and submitting documents to the competent authorities in order to obtain a decision in short time and without loss of personal time and nerves.