Photo: Alexey Filippov/ RIA Novosti
The Supreme court of Russia, having considered several cases, explained some of the nuances of redevelopment of apartments, including the legality or illegality of extensions to houses. This writes the “Rossiyskaya Gazeta”.
Explanation of the Supreme court was given after several lower courts. According to the publication, the family of four tried to legitimize the expansion of its 28-meter apartment received as of housing, with annexes. “To improve living conditions without project documentation with its own resources and funds, the plaintiffs have erected to occupy their new two additions, bringing the total area increased to 60.1 square meters”, — stated in the materials of the case.
By law, the housing can be stored in a converted state, if “it does not violate the rights and legitimate interests of citizens, or it does not create threats to their life or health.” However, alterations to the family not agreed upon, after which they went to court and won it. But the local government appealed to the Supreme court, which ruled that the redevelopment has changed not only the apartments but also the entire house.
As the newspaper notes, both additions represent capital structure on a monolithic concrete Foundation with brick exterior walls and roof of slate. One of them is the living room, the second bathroom with exit to the street. Thus, the construction took some of the local area. In the result the Supreme court has recognized the extension as illegal. “A person who carries out unauthorized construction shall not acquire the right of ownership. It is not entitled to dispose of the building — to sell, give, rent, or commit any other transactions”, — stated in the materials of the case.
The Supreme court recalled that the right of ownership on such construction can be obtained through the courts under certain conditions. In particular, it is necessary to obtain the consent of all apartment owners in the building to the Annex took part of a local area. The court must also determine the legal status change: reconstruction, remodeling or reconstruction. In the latter case, to legalize an alteration of the housing is impossible, in the first two changes can be approved retroactively.
In 2017, Russia’s Supreme court issued a clarification concerning the restructuring of balconies in apartment buildings. The court determined that the apartment owners have no right to rebuild the balcony without approval from the other tenants. In the court decision it is noted that the balcony floor belong to obsidianovom property, and also to enclosing and supporting structures.
Video, photo All from Russia.