Many tenants apartment buildings think about the possibility of attaching an attic space to their dwellings. This article describes the various options for obtaining this premises at your disposal, as well as the list of activities and documents required for this.
First of all, people who want to improve their living conditions at the expense of the attic, you should decide how they will do it: by concluding a lease agreement or registering ownership. Residents planning to sell an apartment in the foreseeable future should take care of privatizing the attic space. For those who are going to use the additional space for their own purposes, it will be enough to conclude a simple lease agreement.
According to Article 36 of the Housing Code of the Russian Federation, attics in apartment buildings are the common property of all residents and permission to transfer them to private individuals can only be accepted at a general meeting of home owners. Therefore, first of all, it is necessary to find out whether an association of homeowners (HOA or HBC) has been formed in the house and first talk with its members about the possibility of obtaining an attic space.
Another important point is to find out whether the building, according to the General Plan, belongs to houses for demolition. In Moscow, for example, this can be found in the district department of housing policy and housing stock of the city or on the sites of prefectures.
The next step will be to obtain an expert opinion from the Bureau of Technical Inventory on the technical feasibility of converting the attic space. After all, if from its part, which is of interest to the owner of the apartment, it will be impossible to transfer engineering Communication or due to the characteristics of the premises, it will not be possible to re-equip it in accordance with the current technical standards, it will not be possible to obtain ownership or use of the attic.
The activities carried out when concluding a lease agreement and registering ownership are largely the same (paragraphs 1, 3, 4, 5, 6, 7, 8 of the previous procedure). The differences lie in the fact that when registering an attic as a property, the consent of not 2/3, but of all the owners of an apartment building is required. And instead of a lease agreement, a certificate of ownership of the premises is obtained.
Often, apartment owners who do not want to spend time and money on obtaining numerous permits and approvals for the reconstruction of the attic, arbitrarily remake it into an attic, and then try to recognize the ownership of the construction object through the court. Most often, the courts do not satisfy such statements of claim, obliging the plaintiff to pay a fine for violating the norms of the Code of Administrative Offenses and deciding to demolish the unauthorized building, in accordance with Article 222 of the Civil Code of the Russian Federation, at the expense of the person who carried it out. Therefore, you should not choose a similar method of attaching an attic to an apartment.
Thus, joining the attic is quite real. But this process will take a lot of effort, time and money from the owner of the apartment, so you should soberly assess your capabilities before taking on this difficult task.
For all of us state property It appears as something large-scale - factories, newspapers, steamships ... But sometimes it is necessary to privatize something very small, but very necessary. For example, an attic room in apartment building.
Dear readers! The article talks about typical solutions 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 7 days a week.
It's fast and IS FREE!
The transfer of the attic to the property will allow not only to use it more efficiently for the benefit of all residents (for organizing a clothes dryer), but also to receive a certain income (rent). There is also a real chance, by privatizing the attic, to increase living space your apartment.
Almost all citizens Russian Federation in one way or another participated or faced the process of privatization of residential premises. Therefore, everyone knows what it is.
Privatization is a legal procedure for the transfer of ownership from the state or municipality to individuals occupying a dwelling on the basis of a social tenancy agreement.
That is, after privatization, citizens living in an apartment become owners of residential real estate in equal shares.
But few people know that the privatization of a dwelling in an apartment building gives the owner the right to own his part of the common property in the house.
The joint property of homeowners in an apartment building consists of:
The listed property cannot be called someone's specific property, as it belongs to all owners of apartments in a common house. Residents of the last floor have a real opportunity to increase their living space by privatizing the technical floor above the apartment.
The procedure for the possession and use of common house property, in general, and attic space in particular, is determined not by a contract of sale or privatization, but by the following legislative acts:
Being the owner of housing on legal grounds (inheritance, sale and purchase, privatization, etc.), each citizen has equal rights regarding the use of common house property.
Owners of real estate in an apartment building have the right to:
However, the last available right in rem for joint ownership is limited.
No one has the right to bequeath or inherit part of the common property in the house ().
If you wish to use that floor for your personal purposes, you have the right to use one of the two available options:
Cannot be used as living quarters.
This option is possible only if all tenants agree and there is no specific owner.
Let us consider in more detail the option of privatizing the technical floor.
The process of privatization of the attic is quite complicated due to the need to obtain a large number permits, approvals and other paperwork.
But the end result is a significant increase in living space - a worthy reward for the loss of a certain amount of time, Money and strength.
If you have all the necessary documents, you can start "running" through various government agencies.
The priorities are:
Paradoxical as it may seem, but for the privatization of an attic space, more documents will have to be collected than for the denationalization of an apartment or a private house.
In addition to those papers that you will receive in the above public institutions you will need to present:
The stage of obtaining consent from neighbors who own property in a common apartment building is the most difficult.
Each person has his own opinion about the use of the attic: someone himself was thinking about privatization, someone will be frightened by such a prospect, and someone simply has a complex character and it will not be easy to find a common language with him.
Consent can be collected in two ways, depending on the situation:
At 100% consent, you must receive the minutes of the meeting of the general house meeting. A sample of the correct filling can be
There is a fundamentally wrong opinion that the technical or attic floor is automatically at the disposal of the residents of the last floor.
Such legal illiteracy often leads to the following actions:
The minimum penalty for such actions will be a fine for illegal redevelopment (), the maximum - the decision to eliminate all alterations and return the attic to its original form.
Most often, after revealing the fact of illegal use of the attic by one of the owners, the tenants turn to the judicial authorities for satisfaction.
It is important to remember that any changes regarding common house property can only be carried out with the consent of all residents of the house ().
Justice can also be achieved through the court if it turns out that any non-residential premises were leased commercial organization without informing residents.
If you want to privatize the attic or part of it, many burning questions arise. Let's consider the main ones.
Most actual question: how realistic it is, and what difficulties will have to be overcome. Everything is possible if desired. The biggest challenge in privatizing an attic is getting consent from all tenants.
If at least one of the owners shows his unwillingness, no one can help you. Therefore, initially, the main attention should be paid precisely to enlisting the support of residents.
The second place in the ranking of difficulties is the lack of technical capability in the privatization of the attic. If any engineering or communication nodes are located on it, it will not work to get it into your property.
If you do not need the whole attic, you can try to privatize only the part that is located directly above your apartment. You will not see any particular differences in the privatization process, so it is quite possible to follow the above recommendations.
The cost of privatizing an attic in an apartment building is very difficult to calculate in advance.
It is advisable to have a sufficient supply of funds, since at any time it may be necessary to obtain some other document or approval.
Appropriate in total cost attic conversion costs include the following:
Quite often, the owners of apartments with attic or attic premises above them have a desire to attach part of the attic space to their apartment. Is this possible, and if so, what are necessary actions? How is it possible to register the ownership of the attic space created as a result of reconstruction? AT high-rise building in addition to residential apartments, there is always a certain number of premises: stairwells, attics, basements, utility rooms.
Dear readers! The article talks about typical ways to solve 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 7 days a week.
It's fast and IS FREE!
Many tenants would not mind using them for their own needs. Therefore, they want to know how to privatize the attic above their apartment in order to equip a pantry or even a room there.
The acquisition of an apartment as a result of purchase, inheritance or privatization makes its owner one of the owners of the house property common to all residents. It:
They, unlike an isolated apartment, do not have a specific owner.
The order of possession and use is determined not by the contract of sale, but by the Housing Civil Codes.
In particular, paragraph 2 states that in relation to such property, apartment owners can use all the powers of the owner:
True, the disposition will be limited to a provision where a rule is established according to which one cannot transfer one's rights to common property without transferring those to the apartment.
However Housing Code allows to transfer part of non-residential premises for use to persons who are not related to this house. For example, renting.
But it will not be easy for the homeowner to privatize the attic above his apartment, because this will reduce the area of \u200b\u200bthe rest of the tenants. And this can only be done by carrying out reconstruction, which will require the consent of all the owners of the house, as well as material investments, not to mention obtaining a lot of permits.
First of all, it is worth noting that the use of the term "privatization" is not entirely correct. After all, it provides for the transfer of premises from municipal property to private. But the common premises already belong to the citizens-owners of the apartments.
Therefore, it is not permissible to privatize the attic above the apartment, but to receive it after reconstruction for long-term use or ownership.
The first thing to do is get the consent of the neighbors. As long as we are talking about renting this premises, 2/3 of the votes can be limited. Well, if there is a desire to become the owner of the attic and convert it into an attic, then you will need to persuade absolutely all the tenants.
This can be done by convening a general meeting, or simply go from house to house and collect signatures.
Then you will need:
If the tenant does this, then by this time he must have concluded and registered a contract. Construction works it is allowed to produce only after obtaining all permits and in a manner that does not violate the rights of neighbors.
After the completion of the reconstruction, you must receive:
With it, you can begin the procedure for registering an attic as a property, if such a goal was originally set.
When attaching an additional area to the apartment, you will need to obtain documents confirming the redevelopment.
The last stage is the registration of ownership. Without making an entry in the USRR, that is, without state registration, the right to real estate does not occur.
Reconstruction of the attic is a rather troublesome process that requires contact with various authorities. Obtaining the consent of the neighbors is perhaps the easiest of them all. To hold a general meeting, you can use the help of the HOA or organize everything yourself.
The main thing is that the collected signatures are genuine, and the people who put them are not misled.
To obtain a building permit, you will need finished project. You can order it:
You can clarify the list of those by contacting the relevant SRO. As a result, a sketch and a project will be completed.
With them, as well as documents for the apartment, the lease agreement and the minutes of the general meeting of residents, you must contact the local administration, more precisely, the department or department responsible for:
This is where the agreement takes place. And at the end of the work, you will need to draw up an act.
Registration of a lease agreement and obtaining a certificate of ownership takes place in the territorial office of Rosreestr.
The list of information that will be required in order to reconstruct the attic in 2020 will look like this:
Very often, the tenants of the upper floors make the mistake of believing that the exclusive rights to the attic belong to them. This is not true. All neighbors are equally entitled to these areas.
Therefore, if one of the apartment owners arbitrarily separated part or the entire attic, and even more so re-equipped it, then in this case he violated the law by seizing the common property for all.
If other residents feel that such actions violate their rights, they can file a lawsuit.
According to Article 36 of the Housing Code of the Russian Federation, all changes in the procedure for using attics, basements and other ancillary premises can only occur with the consent of all owners.
Justice can also be achieved through the court if it turns out that any non-residential premises were leased to a commercial organization without notifying the tenants.
Consider the questions most often asked by citizens.
First, it may be difficult to obtain the consent of all apartment owners.
Despite the fact that only residents of the last floor can actually attach such a room to their housing, all neighbors have the right to use the attic, regardless of which floor they live on.
Secondly, there are technical limitations that may prevent the reconstruction of the attic and its registration for rent or ownership.
Residents of the last floors of an apartment building are looking for opportunities to expand their living space. One option is to privatize the attic above the apartment. An improved attic will not only add square meters in height, but also increase the cost of housing.
However, it must be remembered that the attic is part of the property of an apartment building. According to the law, it belongs to all residents of privatized apartments.
Elevators, landings, basements, adjacent corridors are also considered to be the property of the house ... Unauthorized seizure of additional space is considered a malicious violation. If a hidden use of the attic is discovered, the violator will be obliged to return the attic, and in addition to this, to compensate for the damage to the other apartment owners.
Is it possible to privatize the attic above the apartment? We propose to understand the issue from the standpoint of legislation. However, you can check out the .
Apartment buildings include property owned by all apartment owners. Stairs, attics, elevator shafts - all this is the property of residents(Article 36 of the LC RF). The latter can conclude a contract for the maintenance of facilities with management company or HOA.
Is it allowed to privatize the attic above your apartment? Yes, there is such a right. But in practice, not all residents of the house use the privilege, but only the owners of apartments on the top floors. This is logical, because it is easier for them to equip additional space and create something like an attic or a two-story house.
Why do tenants need to privatize the attic above the apartment:
Thus, the privatization of the attic above your apartment is possible - this is a profitable decision to become the owner non-residential premises. The object can be used for different purposes and benefit from it.
Only the owners of the apartment can become the owner of the attic space. Most often, located on the top floor of an apartment building, i.e. right under the attic. Residents municipal apartments do not have such a right. Before privatizing the attic, they will have to transfer the occupied living space into ownership.
There are several conditions for the privatization of the attic above the apartment:
It happens that the attic has already been privatized, but the owner does not use it. How to be in such a situation? A reasonable solution would be to negotiate with the owner to rent an attic. The second option is to try to buy a non-residential object. Financial costs can be compensated by renting an attic for commercial rent.
Before privatizing the attic above your apartment, you need to assess the status of non-residential premises. There are several factors that prevent the transfer of the attic to private ownership.
The ban on the privatization of the attic:
These reasons make it impossible to privatize the attic in an apartment building. However, you can consider the option of renting an attic. The main condition is that it does not create difficulties for access to engineering units, otherwise failure will follow.
Example:
Spouses Saveliev lived on the top floor of a 5-storey building. Above their apartment is an attic. The house was new, so the extra space was in a usable condition - it looked like an attic. Savelyev was engaged in business - he had a small printing laboratory. Estimating that it is cheaper to engage in IP in the attic near his apartment, Savelyev posted announcements about the gathering of tenants for a general house meeting. Further, the individual entrepreneur spoke about the idea and asked for permission from the tenants to privatize the attic into his property. Of course, not just like that - Savelyev promised the tenants a small compensation. Consent was obtained, the individual entrepreneur went to the housing inspection. Representatives of the Criminal Code checked whether the premises meet housing standards. It turned out that the attic is the center of communication nodes - cold water pipes, boiler room, electricity. Re-equipment of the attic for the needs of the printing laboratory is impossible. The transfer of engineering nodes is also difficult. Savelyev could have privatized the attic, but he was forbidden to place a laboratory there.
Preparation for the privatization of the attic above the dwelling has three main areas: obtaining the consent of the tenants, registration of the attic and registration of rights in the Rosreestr department.
Let's start with the issue of state inspections, where a person/group of persons interested in privatization should apply. The calculation is as follows - you need to find out which nodes are in the attic. You will have to contact the authorities that serve the communication systems.
For example:
The technical project for the re-equipment of the attic is ordered from a licensed company. Specialists will help you complete all the calculations, after which they will prepare a detailed plan for the inspection services. Prepares and approves Architectural bureau under the local administration. Technical documents can be ordered from the BTI at the place of registration of the house. In addition, the Bureau takes on the responsibility of updating the attic registration certificate.
Let's deal with the procedure - it consists of six main stages. Differences may be related to the requirements of regional authorities.
Algorithm:
Privatization of the attic above your apartment is not considered an out of the ordinary procedure. On the contrary, the instructions are quite clear. The main thing is to get the consent of the residents and not violate the interests of state authorities.
Below we present step by step instructions attic privatization:
STEP #1. Residents meeting
The attic space belongs to the property of an apartment building. Separately, no one owns the premises, but without the consent of the tenants, privatization / rent is impossible. Therefore, the person concerned needs to organize a general meeting of the inhabitants of the house. The notification is sent in advance - no later than 10 days before the start of voting.
Just attending a meeting is not enough. Residents of the house must vote for the privatization of the attic. Thus, they express their will in writing. It should be noted that not all tenants may agree - you will have to show the gift of eloquence and persuasion. If dissatisfied or abstaining from voting remain, privatization will be delayed. Signatures are affixed on a special act, which will subsequently be submitted for approval to the local administration.
Step #3. Permission to rebuild
Issued by government agencies. The applicant will have to visit the housing department, the Criminal Code and the BTI.
Step number 4. Project order
Manufactured by licensed companies. Architectural project includes information about the technical data of the object.
Step number 5. Get government approval
After preparing the project, you can contact the administration of the city or district. The main issues are decided by the urban planning department. Specialists will check the project for compliance with architectural standards and make a final decision: approve or reject.
Step number 6. Repair and renewal of the registration certificate
Having received permission, the applicant proceeds to repair the attic. Immediately after the reconstruction, you will need to submit an application to the BTI and invite specialists to measure the object. If there are no comments, BTI employees will issue an updated registration certificate for the attic.
Step number 7. Registration of ownership
The final stage is an appeal to Rosreestr. Together with the documents, you need to submit an application of the established form. In return, the registrars will issue an extract from the USRN and make changes to the real estate register. You can see the photo and features of the privatization document.
An applicant for an attic space must prepare two packages of documents: for a non-residential object and for his apartment.
List of documents to the attic area:
Other documents are presented:
It is advisable to collect documents in advance. Please note that a certificate from the BTI is not issued immediately - it may take about 30 days to wait for the application. However, there is an urgent paid procedure. The certificate will be issued within a few days.
- read our article.
