Cozy home
A housing inspector has the right to monitor real estate in the reporting area.
Although a privatized apartment is private property and its owner has the right to exclude anyone from entering it, a housing inspector will still enter the apartment to inspect it, but at a later time. When there is a court order on compulsory inspection. So the owner of an apartment where, according to neighbors’ assumption, a load-bearing wall was demolished will not escape punishment. Repairing your neighbors is no fun. Noise, dirt on the landing, problems with the elevator and other difficulties in construction and finishing work. Breathing a sigh of relief after completing the renovations next door, you are surprised to begin to notice changes in your apartment: cracks have appeared on the walls and the floors are shaking. And a guess appears: the neighbors demolished the load-bearing wall. But how can you check this? We offer a selection of tips: what to do and where to go with the problem of demolishing load-bearing walls.
Fine for illegal redevelopment of non-residential premises 2021.
The fine for illegal redevelopment of an apartment is an order of the Housing Inspectorate.
So, what is the fine for illegal redevelopment of an apartment? Let's try to answer this question.
The amount is small. However, let’s consider what awaits you if neighbors or the management company complained about your redevelopment, or you “exposed” it yourself. Firstly, not long ago the Housing Inspectorate submitted to the Moscow City Duma a draft law to increase the fine to 100,000 rubles. So, perhaps, the size of the fine will increase significantly in the near future.
Secondly, the Housing Inspectorate began to cooperate with the Federal Bailiff Service and restrict the departure of citizens who have illegal redevelopment. So, what awaits you if you have been identified as having an illegal redevelopment. An inspector will come out to you and, as already mentioned, will first draw up a report on the administrative violation, and then issue a receipt for a fine for uncoordinated redevelopment of the apartment.
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Next, he will perform an examination of her. If the redevelopment does not violate any SanPiNs, SNiPs, regulations, etc., which is rare in our practice, then the inspector will limit himself to a fine and issue an order to coordinate it. We talked in more detail about the process of legalization in this case in the article “How to legalize redevelopment?”
Moreover, there are works after which it is quite difficult to restore the previous state. For example, an incorrectly made opening in a load-bearing wall or the elimination of a ventilation duct. Restoration work in this case is carried out using expensive, specially developed documentation from the author of the house project.
A fine for illegal redevelopment is a protocol on an administrative violation.
If you refuse to approve the redevelopment or return the repair to its original position, ignoring the order, then the Housing Inspectorate will file a lawsuit against you. The court, in accordance with paragraph 5 of Article 29 of the Housing Code of the Russian Federation, has the right to put your apartment up for auction and deprive you of ownership rights.
Based on the above, a fine for unauthorized redevelopment of an apartment is not the worst thing that awaits the owner of such an apartment. The subsequent prescription is much sadder.
Therefore, we recommend that you coordinate the redevelopment before carrying out repairs. Or, if you entrust its approval to a specialist who will know for sure whether it is legal, deal with these things in parallel, so as not to have to redo the repair later and not spend a lot of additional material resources.
The fine for illegal redevelopment of an apartment in the Moscow region is established by the Code of the Russian Federation on Administrative Offenses (Article 7.21) and is also 2000 or 2500 rubles. All subsequent consequences are similar to those described above. If the apartment contains any violations of construction or legal standards, then its layout will be required to be returned to its original state in accordance with paragraph 3 of Article 29 of the Housing Code of the Russian Federation.
Even if the redevelopment was carried out without violations, then after it has been identified, it will only be possible to approve it through the court, since local authorities, unlike Moscow, the process of legitimizing redevelopment in such cases is not legally approved. Also, an apartment with illegal redevelopment is much more difficult to sell , since it is necessary, firstly, to find a buyer who is ready to take full responsibility for it, and, secondly, he must have “direct” money, since not all banks approve the purchase of such apartments with a mortgage.
In times of crisis, housing inspectors received special instructions to collect such fines as much as possible for illegal redevelopment. Below we have given an example of a resolution imposing an administrative penalty for non-residential premises.
I hope our article was able to answer your question “how much is the fine for remodeling an apartment or non-residential premises?”
The consequences of illegal redevelopment depend on the type of changes that were made to the premises. There are 2 types of illegal changes in the apartment:
- The redevelopment is permitted by law, but it was carried out without the appropriate permission from the authorities. In this case, the punishment will be fair, in the form of a fine. And the problem can be solved simply: it is enough to legitimize it by making a technical conclusion and implementing a new plan.
- Repair work has been carried out that is contrary to the law, for example, the demolition of a main wall. The consequences of such freedom will be much more serious. The owner of the property will not only be held administratively liable, but will also be required to restore the condition of the apartment at his own expense.
According to Article 7 (clause 21) of the Code of Administrative Offenses of the Russian Federation, which is called “Violation of the rules for the use of residential premises,” the amount of the fine for the apartment owner is determined from 2000 to 2500 rubles. If illegal changes are made in a private home, the monetary penalty will be from 1000 to 1500 rubles. In the event that an official was involved in arbitrariness, the amount of the fine will increase to 5,000 rubles.
To begin changes in an apartment that is owned by a bank, you need permission from the credit institution that issued the loan.
How and where to complain about neighbors' redevelopment
A complaint about illegal redevelopment should be filed with the district prosecutor's office. However, in order to eliminate the possibility of a reply that initially should have been addressed to the Housing Inspectorate, the official response of the inspectorate is attached to the application, and if the disputed apartment has been inspected, the certificate of its inspection.
Each management company is responsible for the integrity of the building and the safety of all residents living in it. In response to a complaint from any of the residents that illegal redevelopment is taking place in a neighboring apartment, the management company is obliged to check this information. To do this, a notice is sent to the owner of the disputed living space, which will inform the time and date of the commission’s arrival.
Legislation
The Housing Code of the Russian Federation clearly states what actions are considered redevelopment of an apartment, as well as what responsibility is provided for it.
According to Article 25, located in Chapter 4 of this document, redevelopment means changing the configuration of the apartment. Replacement or relocation, installation of new utilities, sanitary equipment or electricity meters are considered refurbishment. In both cases, changes must be reflected in the technical passport of the housing.
This can be done only after obtaining the appropriate permission from local authorities. That is why these actions must be agreed upon before drastic changes in the apartment begin.
Neighbors demolished a load-bearing wall, where can I complain?
The neighbor upstairs started doing renovations; he doesn’t live there himself, but four people living under construction live there. They broke something so powerfully (apparently the wall between the kitchen and the only room) that now I, sitting in the kitchen, can clearly hear every word spoken in their kitchen and even how they stir the damn tea.
The neighbor upstairs started doing renovations; he doesn’t live there himself, but four people living under construction live there. They broke something so powerfully (apparently the wall between the kitchen and the only room) that now I, sitting in the kitchen, can clearly hear every word spoken in their kitchen and even how they stir the damn tea.
Neighbors break down walls in their apartment
I wonder why I can’t move an outlet in my house or make a hole in the boiler. And often the thickness of the plaster allows me to hide the cable. According to the rules, you can’t trench flooded ceilings for electrical wiring (nowadays all new buildings are like that). Well, in old houses there are cavities. floor slabs?
or to the mayor's department for construction control. But hurry up to the local police officer. If neighbors do not have permission to carry out work, they already have problems
