How to sell an apartment if there was a redevelopment. Features of the sale of an apartment with illegal redevelopment. There are several ways to punish violators

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

Redevelopment types

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

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

No permission required

What redevelopment can be done without permission:

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

It is important that such a redevelopment is carried out in such a way that the apartment plan and internal communications are not disturbed.

Also, permission is not required for the following types of work:

Rearrangement of the bathtub or sink, provided that the work is carried out within the bathroom.
Installation of plastic windows.
Installation of lightweight partitions.
Arrangement of an additional door in the wall where it was not previously (the wall should not be load-bearing).

In these cases, permission is not required, but it is imperative to notify the authorities of the changes made (or planned).

Requires permission

Other types of work require permission and appropriate changes to the data sheet:

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

All of the above changes require permission, but if it has not been received in advance, there is a good chance already "in fact" to agree on the changes and make them into the data sheet. At the same time, there are a number of redevelopment options, which are strictly prohibited and the only way out is to return to the previous state:

Combining the hall and kitchen.
Making changes to the load-bearing elements of the house.
Making changes to engineering communications.
Redevelopment of technical premises of the house.
Arrangement of full-fledged fireplaces in panel houses.
Dismantling of non-bearing partitions in panel houses.

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

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

Is it possible to sell an apartment with illegal redevelopment?

It is possible to sell an apartment with a redevelopment without coordination with the relevant authorities. There are no direct prohibitions on this. However, it must be remembered that buyers often check the location of various objects in the apartment with the registration certificate. Any inconsistencies, if the seller did not warn about them in advance, can be interpreted not in his favor, and in the end, the buyer may simply refuse to purchase a potentially problematic apartment.

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

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

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

Features of buying and selling apartments with illegal redevelopment

If there is an illegal redevelopment in the apartment, then they usually try to sell it until the moment when they need to get a new registration certificate (within 5 years from the moment the old one is received). Otherwise, in order to update the document, it will be necessary to let the inspector into the house, who, of course, will immediately detect the changes made.

Also, such transactions are usually carried out in cash. This minimizes oversight from various authorities and reduces the likelihood that the seller will run into problems. On the other hand, many buyers refuse to buy housing for "cash", so this scheme drastically limits the pool of potential customers.

How to sell an apartment with illegal redevelopment

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

Procedure

Discuss with the buyer the fact of redevelopment... It is recommended to indicate in advance all controversial points that, from the point of view of the law, may be recognized as illegal redevelopment. It also makes sense to immediately roughly calculate the possible costs both for legalization (if possible), and for returning to the state "as it was". If the amount received is less than 10% of the cost of the apartment, it is likely that the buyer will agree to a lower discount.
Draw up a sales contract... It is recommended to include a clause on redevelopment in it in the sense that the buyer is aware of it and is obliged to take all the necessary actions to fix the problem.
Sign a contract... If necessary, it can be certified by a notary, but this is not a mandatory requirement. However the document.
Draw up an act of acceptance and transfer and sign it... Payments for housing are usually made at the same time. At this point, the seller simply takes the money, hands over the documents, and he has nothing to do with the apartment anymore.
Register ownership... The buyer is already engaged in this. On the basis of the sales contract and other documents, changes are made to Rosreestr.

The documents

When drawing up a sales contract, the following documents are needed:

Passports of the parties (buyer and seller).
Registration certificate for the apartment.
Extract from the USRN.
Certificate from the management company about the absence of debts for public services.
Extract from the house book about the persons registered in the apartment.
Any documents related to the redevelopment, if any.
The act of acceptance and transfer of housing (drawn up and signed after the signing of the contract).

Costs and terms

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

In addition to the cost of the purchase of an apartment itself, as well as the possible costs of "reverse" redevelopment, which cannot even be roughly indicated due to the difference in prices, the buyer will incur additional costs for paying the state duty when registering ownership: 2,000 rubles from each new owner.

How can you legalize redevelopment

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

Documents for legalizing the redevelopment in the apartment:

Redevelopment application.
Legend and plan of rooms in the apartment.
Documents confirming the ownership of housing.
The consent of all co-owners of the apartment, if any.
Registration certificate for housing.
Permission from the supervisory authorities for redevelopment (it must be obtained in advance).

After submitting all the documents, the housing inspectorate will send a specialist to the owner of the apartment. He will certify the discrepancy between the plan and the actual layout of the apartment, after which he will transfer the information to his inspection. There they will agree on the changes made (if at all possible), after which it will be possible to make the appropriate changes to the data sheet.

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

(1 estimates, average: 5,00 out of 5)

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

The buyer should be interested in discovering the fact of alteration of the apartment. If the redevelopment is unlawful, he is responsible for unauthorized re-planning after the purchase. He will have to take over the registration of the permit in accordance with the actual state of the premises or give it a look that corresponds to the original layout.

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

Types of permitted redevelopment

A number of changes are not referred to by the legislation as reconstruction, so it is possible to sell an apartment with or without legalized approval - there is no need for it. These include the following alterations:

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

Important! Removing the partition between rooms leads to a violation of the layout. In this case, it is required to coordinate the unlawful alteration with the relevant authorities.

What categorically cannot be changed

Some redevelopments are prohibited at the legislative level, so it will not be possible to legalize them. It is strictly forbidden to carry out work if they:

worsen the living conditions of other residents of the house;
turn the premises into uninhabitable;
violate sanitary, construction and fire safety rules.

This redevelopment is not consistent; upon discovery, the owner is obliged to restore the apartment to its previous state. The rest of the alterations in the layout, if they are not prohibited, are allowed, but a permit must be issued. Then there will be no doubts whether it is possible to sell the property with illegal configuration changes.

Sales methods with redevelopment

When selling an apartment with an unapproved redevelopment, if it concerns the permitted works, there are no special obstacles to the transaction. The best solution for both parties is to legalize the rework. In this case, no one runs the risk that unpleasant consequences will ensue after an illegal reconstruction: the apartment can be sold, there is no threat of sanctions.

For cash

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

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

Sometimes this translates into such costs that the savings on the purchase will be less. This happens if changes in the configuration of the apartment cannot be coordinated - prohibited work has been carried out. Then the new owner will have to return the original condition to the premises for his own money or bring it into a form that can be legalized.

Mortgage

It is not possible to get a loan for an apartment with illegal redevelopment everywhere. There are banks that arrange such transactions in a mortgage. To sell real estate in this way, it is more difficult for the owner to find a buyer. But he acts in the open - the bank and the buyer know about the illegal alteration.

The party providing the loan insures itself. The contract stipulates what to do with the design of the redevelopment. It is indicated that the new owner will legalize it, usually 6 months are given for this. All subsequent risks are borne by the buyer, and they can be very large. It may turn out that change cannot be legitimized. Rosreestr also has the right to refuse registration, presenting unlawful reorganization as a basis.

How to legalize redevelopment

If you arrange a redevelopment before the sale, it is easier for the owner of the apartment to sell it. The seller will not have to reduce the cost of housing in order to attract potential buyers in this way. The legalization of redevelopment will allow not only to sell an apartment, but also to declare an increased price if the rework has significantly improved living conditions.

Before work

The owner must clearly understand what changes to the layout he intends to make. It is required to obtain a registration certificate, which contains a complete description of the premises. Future work is planned on its basis.

Coordination of some actions with firefighters and water utility is required. This applies to those cases when engineering communications are affected. If the house is a monument of architecture or history, it will not be allowed to rebuild the apartment without the permission of the relevant committee. You should order a redevelopment project in an organization with a license. If the house is an ordinary typical, significant changes are not planned, your own sketch is enough.

Other documents are also required: on the ownership and the consent of the rest of the owners for the new layout, if any. After collecting everything you need, the owner goes to the city administration. He writes there.

Officials are checking documents and planned restructuring. Their task is to make sure that it does not touch the supporting structures, vital communications, which are permitted by law.

Two months remain to await a decision. If the answer is yes, a permit is issued indicating the period during which the layout can be changed. When it is completed, they request a new registration certificate, submit documents to Rosreestr to change the cadastral housing plan. Now there are no obstacles to sell real estate.

After completing the work

If the redevelopment of the apartment is not legalized, the seller or the new owner after the purchase is engaged in its legalization. Harder to accomplish than before work. How to deal with illegal redevelopment so that the transaction during the sale is not invalidated, is specified in Articles 25-29 of the LC. The differences in the legalization rules after the changes and approval are not very large, the necessary documents are the same:

statement;
apartment plan;
notarized copies of housing documents;
the consent of the remaining adult residents;
technical passport from BTI;
permission from the Commission for the Supervision of Historical and Architectural Monuments.

They are handed over to the administration and await the visit of an inspector from the relevant commission. The purpose of his visit is to make sure that the plan in the data sheet and the actual layout do not match. After a while, the housing inspectorate will agree on the redevelopment or refuse, giving reasoned reasons.

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

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

Important! It is better to reconcile before selling an apartment with illegal re-planning, otherwise there is a risk that the transaction will be invalidated, the new owner will be refused registration.

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

After the approval of the layout, the regulatory authorities invite a specialist from the BTI, who inspects the premises and draws up new documentation. Adjustments are made to the plan and the cadastral passport. Before you sell your property, you need to take extracts from these updated documents.

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

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

Risks of illegal redevelopment for the buyer

After the concluded transaction, the buyer becomes the full owner, who is responsible for the apartment. The characteristics of the housing are contained in the BTI documents and the cadastral passport. They are drawn up upon entry into the property and confirm the rights to make transactions. Changes in the characteristics of the living space entail automatic recognition of these documents as invalid.

Buying an apartment with an illegal layout, it turns out that the former owner transfers the passport and plan for one room, and in fact the new owner acquires another. It can differ greatly in its characteristics from the declared ones - configuration, area. If you do not take any measures to legalize the redevelopment, in the future the owner will not be able to sell, bequeath, or mortgage real estate with alterations.

The most favorable situation for the buyer is when the replanning is insignificant, in line with the changes permitted by law. A fine is paid, the layout is legalized through the court, a new design is carried out.

Sanctions for illegal redevelopment

If unlawful reorganization is found out, the smallest thing that threatens the owner is administrative a fine of 2–2.5 thousand rubles. This is if the redevelopment did not affect the supporting structures, the safety of the house and neighbors does not threaten.

If the consequences of unlawful re-planning of the premises are more serious, damage to the property or health of others is caused, the fine is 5 thousand rubles ... In addition, the owner will be obliged to bring the premises into a state that corresponds to the documentation for it. Recovery costs can be significant.

If, after illegal planning, other persons are seriously injured, the premeditated nature of the owner's actions is proven, he will have to pay compensation. If the owner refuses to legalize the alteration, he can be evicted, the apartment can be sold at auction (Art. 29 of the LC).

Unlawful redevelopment is illegal and has legal consequences for the owner. A ban is imposed on transactions with real estate, the apartment cannot be sold, no other transaction can be formalized. This convinces and makes you understand whether it is necessary to legitimize the redevelopment of your own apartment when selling.

It is possible to sell real estate with an illegal layout. The risks that exist at the conclusion of the transaction concern more the buyer - now all obligations for the legalization of the reconstruction are imposed on him, otherwise he will not be able to fully dispose of the property.

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

If you still have questions, you can ask them in the comments or at a free consultation with a lawyer. Registration on our website through a consultant.

We will be grateful for the post rating, like and repost.

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

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It's fast and IS FREE!
Any transaction with unauthorized re-planned real estate may be declared illegal, in connection with which representatives of the law will oblige the seller to return all funds to the buyer.

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

How to determine the fact of housing reorganization?

Many people are afraid to independently engage in the sale of their apartments, which have been redeveloped, and turn to real estate agencies for help.

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

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

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

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

How to sell an apartment with redevelopment?

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

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

The sale of an apartment according to documents in which the changes have not been made will be possible at too low prices (approximately 10-15% below the market value).

Illegal

Most often, the owners of urban real estate have problems when selling apartments with illegal redevelopment.

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

After the registration of such real estate by the new owner, he will be given a certificate in his hands, which will indicate that a redevelopment that was not legalized in the prescribed manner was made.

Mortgage

If a city apartment was purchased under a mortgage credit program, then its owner has no right to redevelop it until the full repayment of his financial obligations to the bank.

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

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

To obtain it you need:

prepare a competent project;
submit it for approval to specialists of a credit and financial institution.

Redevelopment assessment

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

Specialist:

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

If any discrepancies are identified, the BTI employee will take the necessary measurements and draw up the corresponding act.

After that, the engineers of the Bureau:

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

Sales Procedure

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

To exclude the possibility of recognizing the sale and purchase transaction as illegal, it is necessary to officially register the redevelopment.
By contacting the Bureau of Technical Inventory, the owner of a city apartment must request an extract of the layout made from the cadastral documentation.
The BTI should receive a copy of the cadastral plan, as well as a certificate indicating all the technical characteristics of the property being sold.
The collected documentation package must be handed over to the local department of architecture and urban planning. After drawing up, it is necessary to transfer it for approval to the city administration, and then to the SES, fire service and housing department.
At the final stage of registration activities, the owner will have to pay a small fine and transfer the new plan to the Bureau of Technical Inventory in order to receive the amended cadastral documentation.
After the redevelopment is legalized, the owner of the city real estate object conducts a regular sale and purchase transaction, endorsed by a private or public notary.

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

Required documents

For the sale of a city apartment, in which the redevelopment was carried out, the owner needs to prepare a package of documentation, which will include:

documents certifying the ownership of the property being sold;
apartment owner's passport;
buyers' passports;
a payment document certifying the payment of the state fee;
acceptance certificates, etc.

Effects

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

If the regulatory authorities find out about the incident (they can be notified by the residents of the house or the management company), then the owners of such apartments will be obliged to bring the premises back to their original state.

If you refuse to obey the requirements of the housing inspection, the solution to the issue will move to the courtroom.

The price of the issue

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

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

Buying a home with an unregistered conversion

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

Despite this, today there is an opportunity to sell the re-planned housing with an unregistered conversion. This can be done if, at the time of the transaction, the validity period of the technical documentation issued by the BTI did not exceed 5 years.

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

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

The owner has the opportunity to privatize, exchange or sell an apartment with illegal redevelopment only after the real redevelopment is reflected in the plans of the BTI. The buyer can agree to the deal without the appropriate documents, but under certain conditions. In practice, by signing a purchase and sale agreement, he assumes additional responsibilities.

What redevelopment is considered allowed

The owners of any apartment and in any house can actually change the original appearance of their home. For this, there is one indisputable condition - to agree on a change in the plan in the Bureau of Technical Inventory (BTI). However, not all tenants fulfill this requirement and live in a converted apartment until a certain point.

According to the rules for redevelopment of an apartment, any changes in the location of building structures and plumbing devices can be attributed to the following options:

redevelopment, the results of which you can not notify the BTI, is the dismantling of built-in wardrobes, mezzanines, as well as the installation of more modern types of doors. This type of changes also includes the installation of additional sections of heating batteries, air conditioners, antennas, etc. All minor changes must be carried out without violating building communications and the apartment plan;
changes in the plan that can be made without permission, but with notification: rearrangement of the sink, bathtub within the bathroom, installation of plastic windows, lightweight partitions, installation of an additional door in the wall, which is not load-bearing.

These works are of a simple type of redevelopment.

When you need to draw up a redevelopment project

The implementation of certain work to change the initial design should be reflected in the documents of the specialists. Such works include:

dismantling plumbing fixtures and moving them outside the existing bathroom and toilet;
combining a loggia with a bedroom or hall;
transfer of a gas stove;
changing the floor structure, including replacing wooden structures with a heavier concrete screed, etc.

There is a certain category of changes that are strictly prohibited for implementation. This is the unification of the kitchen with the hall, affecting the supporting structures, utilities, redeveloping the technical floor or underground "for yourself", arranging fireplaces in a panel house, etc. Dismantling even non-supporting partitions is strictly prohibited if the apartment is in a panel house.

A buyer who decides to purchase an apartment with unlawful redevelopment will subsequently need to restore the dwelling to its previous state and pay an administrative fine. This measure of influence is quite legal, despite the fact that the redevelopment was made by the previous owner. But if the modification of the apartment was made a long time ago and does not interfere with the neighbors, no fines are imposed.

If the owner received an order from the housing inspectorate to return the apartment to its original appearance and he did not fulfill it, the apartment can be sold at auction, and the money (minus legal costs) returned to the owner. A tenant under an agreement or a tenant living in a dwelling with an illegal layout can be immediately evicted from the apartment in court. In this case, the owner should bear legal administrative responsibility.

Our lawyers know The answer to your question

or by phone:

What the parties need to do to make the deal successful

The norms of housing law will not be able to prohibit a sale and purchase transaction if the area of the dwelling has remained unchanged, despite an independent illegal redevelopment. An important condition that must be met is the compliance of the apartment with the requirements of the fire, construction and sanitary inspection. In addition, work on changing the type of apartment must be carried out in accordance with SNiP - building codes and regulations.

If these conditions are not met, the former owner or the buyer who decided on such an acquisition will have to return (in whole or in part) the previous type of apartment.

The owner can inform the future buyer of such housing about the introduced "innovations", but he can also keep silent about them. In the first case, the buyer is able to bargain for a significant discount and fix the situation on his own:

by restoring the home in its original form;
obtaining all approvals and execution of documents that legitimize the redevelopment.

The second option - buying an apartment without notification of modifications in the dwelling directly by the seller - burdens the buyer with both material and time expenses. Having not received the required discount for the purchase of housing with illegal redevelopment, he takes all the trouble to eliminate other people's imperfections, he himself pays for the necessary expensive work from his own pocket.

Statistics from real estate agencies confirm that the cost of apartments with legally approved changes will be 10% higher than the price of the same housing before the redevelopment. The comparison was made with the price of a similar apartment in the secondary real estate market. If the changes to the original project are not legalized, the seller will not receive the same, or even more, amount for his apartment.

How is the legalization of redevelopment carried out

The redevelopment can be legalized by the seller before the sale or purchase, or by the buyer after the purchase. These measures are difficult to implement, but possible. The rules for the legalization of previously performed work on the modification of an apartment are not very different from the procedure for agreeing on planned changes.

To legitimize the emerging housing transformations, it is necessary to prepare several important documents, the list of which is provided for by the Housing Code of the Russian Federation (its article 26, part 2):

directly the application for redevelopment itself;
plan and explication of premises in the apartment;
title documents for housing (notarized copies);
consent of all family members living with the applicant;
registration certificate for a residential apartment;
permission for the possibility of redevelopment, issued by the body supervising architectural, cultural and historical monuments.

Then, with the application and documentation, you must contact the housing inspectorate and wait for the inspector's visit. The specialist must certify the actual inconsistency of the apartment plan in the data sheet with the existing redevelopment. After a certain time has elapsed, the housing inspectorate must agree on the changes made to the apartment plan or reasonably refuse to do so.

Terms of approval, its volume and cost depend on the type of redevelopment. A simple form of changing the plan of the dwelling is carried out according to the conceptual solution applied by the owner to the copy of the registration certificate. A complex redevelopment project is being developed by specialists, and its legalization should be carried out in different inspectorates.

Some nuances of buying and selling apartments with illegal planning

There are two common cases of selling apartments with "improvements" in terms of payment for real estate:

purchase for cash. This option eliminates all risks for the seller, since there are no red lines on the old plan of the apartment, indicating the changes made. The buyer not only immediately receives the property in his ownership, but also becomes responsible for the allegedly perfect redevelopment. An encumbrance is the purchase of housing with an inconsistent redevelopment;
purchase of a mortgage. In this case, the buyer will receive a purchase loan when the bank verifies the legality of the changes to the plan. But many banks also issue funds for the purchase of apartments with unlawful changes to the plan, but with a reservation. They put forward a condition for the legalization of redevelopment in a specific time frame.

The absence of red lines on the plan is the basis for registering real estate in Rosreestr. If any, registration will be denied to the purchaser.

The best solution for the sale and purchase of an apartment for both the seller and the buyer will be to take measures to legalize changes in the layout. In this case, the risks for the participants in the transaction will be reduced to zero.