Redesign in 2020. What to Approve if You Need to Redesign an Apartment or Dacha

During the self-isolation period, we often think about expanding the boundaries of an apartment and a dacha. We asked an expert to explain what changes in real estate law have occurred this year.

Alexey Parshin — an expert and head of the company GOROD, which deals with real estate approval

Contrary to expectations, there were no significant changes in the process of redesigning an apartment in 2020. The basics of this process are also regulated by Chapter 4 of the Russian Housing Code. However, changes affected other premises in multi-apartment buildings and dacha structures.

Redesign of any premises will be subject to inspection

In multi-apartment buildings, offices and sports halls are often set up, and until now there were no restrictions on their redesign. Starting from 2020, owners will face administrative responsibility for any violations of regulations during the reconfiguration of such premises. The change was introduced in Article 7.21 of the Russian Administrative Offenses Code, where the definition of "residential premises" was replaced with "premises in a multi-apartment building".

Sanctions are equated to violations with a high level of public danger (violation of rules for the maintenance and repair of residential buildings and residential premises). Fines for officials amount to 5,000 rubles, and for legal entities — up to 50,000 rubles.

Inspections are conducted only with the consent of the owners

Before January 2019, no one asked for permission from the owners to conduct unplanned inspections. Usually, such inspections revealed violations of redesign and reconfiguration rules.

Now, the basis for inspection will be the submission of information about violations to the state housing supervision authority or municipal control. After that, authorities must obtain consent from the owners.

Responsibility for the building is shared by all residents

If you connect additional space to your apartment that belongs to common property of the building — roof, attic, corridors, and even land plots near the house — you will need a protocol of the owners' meeting with consent to the changes.

Now, all residents are responsible for the integrity of the object, according to a new amendment in Article 46 of the Russian Housing Code dated April 24, 2020.

Approval is now possible based on a standard project

Previously, the law on redesign in Moscow and the Moscow region provided for two options for approval based on a standard project. The first one was based on a sketch, and the second — according to a project developed by a designer.

Now, a new concept of redesign is introduced — it is carried out according to a standard project, and the owner only needs to enter the data into the document. Such a project has already been approved by Moscow Housing Inspection and is available on the official page of the institution — mos.ru.

Redesign based on a standard project can only be carried out by owners of panel houses of standard type. You just need to select a suitable option from the catalog. Most of these options do not allow for changes in load-bearing and external walls of the building. Exceptions are some modifications of standard series houses P-44T and P-44M, in which, starting from 2007, openings were provided in load-bearing walls (in Moscow, apartment redesign depends on the specific house series).

Registration of buildings on a dacha plot has become easier

Illegally constructed objects on dacha plots bring many problems. If you do not have documents, you will not be able to sell, gift, or transfer such buildings in inheritance. You also cannot obtain a loan using these objects as collateral or connect them to engineering communications. Moreover, such buildings can be demolished at any time.

The only option is to register all structures on the dacha plot, including the country house. On August 2, 2019, Vladimir Vladimirovich Putin signed Federal Law No. 267 to extend the so-called "dacha amnesty". The simplified approval process is still in effect — if you have the right to a land plot, only a technical plan is needed for approval.

Neighbors may demand demolition of buildings

The State Duma is preparing new amendments to the Civil Code. Neighbors or the administration may initiate demolition of any illegal structure on a plot if it hinders neighbors (e.g., casts too much shadow). If buildings are not legalized, they can also be demolished upon request from neighbors.

Until this item is in development, you have time to legalize all valuable buildings. In the near future, the law will be discussed remotely, after which amendments will be prepared for the second reading.