Use of an attic space in an apartment building. Is it possible to privatize the attic above the apartment? Attic privatization

Answer: Entered into force from 01.03.05 the Housing Code of the Russian Federation (Housing Code of the Russian Federation), effective from 01.03.05, established the procedure for coordinating the reconstruction of attic / mansard premises in apartment buildings .

The attic (attic) room, as well as other premises in an apartment building that are not parts of apartments and intended to serve more than one room in this building, are in the common shared ownership of the owners of premises in an apartment building (clause 1, article 36, LCD RF). The decision to carry out the reconstruction is within the competence of the general meeting of owners of premises in an apartment building (clause 2, article 44, RF LC). To carry out the reconstruction of the attic with the transfer of premises in it to investors in ownership, the consent of each owner of the premises of this house is required, since the attic / attic premises are in the common share ownership of the owners of premises in an apartment building.

When the reconstructed premises are transferred to the ownership of investors, a decrease in the common property of an apartment building will occur, and a decrease in the size of the common property is possible only with the consent of all owners of premises in this building by means of its reconstruction (clause 3, article 36, RF LC). The decision to transfer the attic premises to investors is made by the majority (at least 2/3 of the total number of votes) of the owners of premises in an apartment building. The procedure for holding a general meeting of owners of premises in an apartment building is established in Articles 45–48 of the RF LC. At the same time, the decision taken by the general meeting of owners of premises in this house in violation of the requirements of the RF Housing Code will be appealed by the owner of the premises in court if the meeting took place without him, or if such a decision violated his legal rights. The appeal is filed with the court within 6 months from the date of the unfair decision. The court, taking into account all the circumstances of the case, may uphold the contested decision, especially if the owner's vote could not affect the voting results. Then the violations committed are not considered significant and the decision made does not entail the infliction of losses on the specified owner. The voting results on the issue of reconstruction of the attic with its further transfer to the ownership of third parties are influenced by the vote of each owner of premises in this house.

Attaching an attic space to your apartment can the owner of the apartment on the top floor of the house... Thus, residents of these floors can increase their living space by using a non-residential attic space located above their apartment.

Attaching an attic space can be done in two ways:

With the registration of the attic in the property;

Without registration of ownership (on lease or free use rights).

The choice of a specific method of attaching an attic space depends on many factors: the presence of a HOA, the number of HOA members, the composition of HOA members or owners of residential premises in an apartment building, the availability of registered rights to shared ownership, etc.

It is possible to register an attic or attic space under the following conditions:

The house in which the attic to be privatized is located should not belong to the category of buildings subject to reconstruction;

The consent of the owners of other premises located directly under (next to) the attic room to be equipped must be obtained (the consent of all tenants may be required);

there is a technical possibility of arranging an attic (attic) room.

Although the “roof space” is the common property of the tenants and not of the municipal authorities, only the owners who live on the top floor of the house can privatize the attic space. For this, the interested person does not even need to convene a general meeting. It is enough to go around the house with a subscription list.

After the renovation, the attic premises could be used by all apartment owners in the house. For example, to place there the office of the board of the HOA, the management company or an authorized person for direct management of the house (if one of these three forms of management is chosen). You can lease the attic on favorable terms to utilities, housing services, equip there a gym, solarium, home theater, etc. And the outer walls will be handed over to agencies for placing advertising posters and billboards on them.

Owners can agree to:

Transfer of the attic for rent or for free use (such a decision is made by 2/3 of the votes of the owners of residential premises in an apartment building);

Reconstruction of the attic with or without a reduction in common ownership (part of the common ownership is transferred to the buyer).

The development of the attic space will depend on the decision taken by all owners of residential premises.

The procedure for collecting the necessary documents for decorating attics / chardak

1. Receiving an attic / attic for rent or for free use schematically looks like this:

Obtaining consent to rent or free use of the attic (part of the attic) from a meeting of homeowners (HOA or Housing Community);

Conclusion of a lease agreement for an attic (part of an attic) and its state registration;

Obtaining the consent of the owners of the apartment building for refurbishment;

Carrying out the reconstruction of the attic;

Obtaining an act on the carried out reorganization;

Changes to the lease agreement and registration of such changes.

These actions are regulated by the following regulatory documents:

Housing Code of the Russian Federation of December 29, 2004 No. 188-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation of December 22, 2004); Decree of the Moscow City Government dated February 8, 2005 No. 73-PP "On the procedure for reorganizing premises in residential buildings on the territory of the city of Moscow"; Resolution of the Moscow City Government dated November 15, 2005 No. 883-PP "On the Implementation of the Provisions of the Housing Code of the Russian Federation and Legal Acts of the City of Moscow Regulating the Reorganization and Redevelopment of Residential and Non-Residential Premises in Residential Buildings", RF Resolution No. 47 dated January 28, 2006 "On approval of the Regulations on the recognition of the premises as residential premises, residential unsuitable for living and an apartment building as emergency and subject to demolition. "

2. Reconstruction or superstructure of the attic floor with the subsequent transfer of the premises to the client.

In this case, the scheme is as follows:

Adoption of a unanimous decision by all owners of residential premises to carry out reconstruction;

Obtaining by owners of residential premises, condominiums, housing cooperatives permission for reconstruction;

Conducting construction and construction and repair work and subsequent commissioning of the reconstructed premises;

Changes to technical and other documentation;

Transfer of the attic premises to the client and registration of ownership of this premises.

These actions are regulated by the law of the city of Moscow No. 50 "On the procedure for preparing and obtaining permits for construction, reconstruction of urban planning facilities in the city of Moscow."

The main condition for completing the above procedures is the presence of registered share ownership rights and regulated land relations.

Registration of attics and attics in the property

The registration of rights for the conversion of attic premises into attic-type residential premises (attic privatization) is carried out through reconstruction work within the framework of the legislation on investment activities in the Russian Federation, taking into account the application of special legislation governing construction, reconstruction, pre-design and project preparation, schematically looks like this :

Joining the attic or attic (privatization of the attic attic)

Stage one

Collection of documentation on legally significant facts of legal capacity and initial data on the object of the proposed investment (building, household):

Legal status (organization, citizen);

The right to housing (property, rent, rent, free use);

Method of acquiring the right to housing (equity participation in housing construction, purchase and sale, privatization, etc.);

Estimated investment volume (in monetary terms);

The building belongs to a particular housing stock (state (including departmental), private);

Information about the asset holder of the building (for example, the Directorate of a single customer of the district, a specialized management company);

The presence of a duly registered Condominium (a single complex of real estate) and a home ownership (building) passport drawn up by a technical inventory body;

The presence or absence of a registered Homeowners Association (HOA) and its relationship to the operation of home ownership (building).

Stage two

Determination of the technical feasibility of rebuilding the attic:

Obtaining from the asset holder (operating organization) of the building (household) a certified copy of the Household Passport;

An order from a specialized (design) organization for the execution of a technical conclusion on the possibility of reorganization (reconstruction) of attic premises into an attic floor of a residential or other (office) type;

Obtaining a technical opinion on the possibility of reorganization (reconstruction) of attic premises. According to the technical conclusion, the definition of the prospects for the investment process for the reorganization (reconstruction) of the attic premises or its termination.

Stage three

With a positive technical conclusion, i.e. availability of technical feasibility of reorganization (reconstruction) of attic premises, the Contractor undertakes:

Prepare the necessary documents for contacting the prefecture of the corresponding (at the location of the object) administrative district in order to organize and conduct a special competition to determine the investor applying for work on the reconstruction (reconstruction) of the attic premises, and submit them to the prefecture's competition commission. The documents include: technical conclusion of MoszhilNIIproekt, project documentation, calculation of mandatory compensation payments at the expense of the investor in favor of the owners (tenants) of apartments directly adjacent to the zones of construction work. The composition of the authorities (services), coordinating the project documentation, is determined by the tender committee of the prefecture;

To issue the results of the competition in the form of a certified copy of the order of the prefect approving the decision of the competition committee;

Obtain a conclusion and registration of an investment contract for the reconstruction of attic premises.

Stage four

Project development;

Conclusion of a construction contract, accompanied by the conclusion of a contract with an insurance company on insurance of risks when the contractor performs construction work;

Registration of state acceptance of the reconstruction object (acceptance certificates, orders on approval of acceptance certificates);

Execution of the commissioning document, certificate of assignment of address details;

Ordering and receiving documents for technical inventory, state registration of the right to newly created real estate (attic floor premises);

State registration of ownership of premises in the institution of justice for state registration of rights to real estate and transactions with it. (Law of the city of Moscow of 09.07.2003, No. 50 "On the procedure for preparing and obtaining permits for construction, reconstruction of urban planning facilities in Moscow").

Illegal registration of attic spaces

Recently, cases of illegal privatization of attics have become more frequent. This often happens with the approval of the territorial departments of the administrative regions. Residents of the house where the illegal privatization of the attic premises took place can appeal against it in court, since, in accordance with current legislation, the reconstruction of any premises in the house can be carried out only with the consent of the apartment owners (provisions of the Housing Code of the Russian Federation and other regulatory documents). According to Art. 35 of the Constitution of the Russian Federation, art. 117 of the Civil Code of the RSFSR, art. 3 of the Law of the Russian Federation "On Property" and Art. 246, 247 of the Civil Code of the Russian Federation, possession, use, disposal of common shared property is carried out only by agreement of all its participants, and no one can be deprived of property otherwise than by a court decision.

If it turns out that the municipal authorities, without obtaining the consent of the apartment owners, have leased the attic of your house to commercial firms, the owners of housing and share meters of the attic space (through the board of the HOA, the management company or an authorized person for the direct management of the house) have the right to start a judicial restoration procedure their legal rights. How to use the attic space according to the RF LC is now decided not by city officials, but only by apartment owners.

The following legislative acts are the federal legal basis for initiating the process of reorganization (reconstruction) of attic premises into attic-type residential premises:

Law of the RSFSR of June 26, 1991 "On investment activities in the RSFSR"; Federal Law of February 25, 1999 No. 39-FZ "On investment activities in the Russian Federation, carried out in the form of capital investments."

The legal basis of the regional level, for example, in Moscow, for initiating the process of reorganization (reconstruction) of attic premises into attic-type premises is currently a special legal act of Moscow - “Regulations on the arrangement of attic-type residential premises in residential buildings in Moscow ", Approved by the order of the Mayor of Moscow dated July 2, 1996 No. 49/1-RM. It stipulates that the acquisition of ownership of attic premises is possible by purchasing investment rights for the arrangement of the attic space (under the attic).

"Position on the arrangement of mansard-type living quarters (mansard construction) in residential buildings in Moscow "

In accordance with the Decree of the President of the Russian Federation of March 29, 1996 No. 431 "On a new stage in the implementation of the State Target Program" Housing "and in pursuance of the resolution of the Moscow City Duma of January 17, 1996 No. 5" On the specifics of investment activities in the construction and reconstruction of attics, extensions , underground and other structures at housing facilities in Moscow ":

1. Establish that:

1.1. Investment activities for the arrangement of attics in residential buildings are carried out according to the results of competitions held by the prefects of the administrative districts.

1.2. Investment contracts for the performance of work related to the construction of attics in the municipal housing stock of the city, on behalf of the Moscow government, are concluded by the prefectures of the administrative districts.

1.3. When arranging attics in residential buildings, investors can be both legal entities and individuals.

1.4. When concluding investment agreements related to the construction of attics, investors are obliged to pay to the city budget the cost of investment rights, determined in accordance with clause 3.2 of this order. The funds received from the payment of investment rights are directed to the implementation of scheduled preventive, current or major repairs of the house where the investment object is located.

1.5. When carrying out work on the construction of attics in residential buildings, investors need to make compensation payments to the owners (tenants) of apartments directly adjacent to the zones of construction work.

Residents of those apartments have the right to compensation at the expense of investors, living in which, during the work, temporarily becomes unacceptable according to sanitary or other standards in accordance with the conclusion of the authorized bodies of the city administration.

2. To approve the "Regulations on the arrangement of mansard-type living quarters in residential buildings in Moscow".

3. To the Department of Public Housing, within a month:

3.1. Develop and approve the "Instruction on the registration of property rights to newly created attic-type living quarters."

3.2. Develop, together with MosgorBTI, and approve a methodology for calculating the cost of investment rights in the development of attic space in residential buildings.

3.3. Develop, together with MosgorBTI, and approve a methodology for calculating compensation payments to citizens in connection with construction work in accordance with the decree of the Moscow City Duma of 01/17/96 No. 5.

3.4. Develop and approve the "Regulations on the holding of tenders for the implementation of investment rights in the construction of attics in residential buildings in Moscow."

4. Control over the implementation of this order shall be entrusted to the head of the Department of Municipal Housing PV Saprykin, prefects of administrative districts.

Moscow Mayor Yu.M. Luzhkov

Appendix to the order of the Mayor of Moscow dated July 2, 1996 No.49/1-RM

1. Terms and definitions:

Attic - the space between the roof structures (outer walls and the ceiling of the upper floor (p. 32 SNiP 2.08.02–89 *, Appendix 2);

Attic floor - a floor located inside the attic space (p. 32 SNiP 2.08.02–89 *, Appendix 2);

Mastering the attic space - carrying out work (attic construction) with the aim of arranging an attic-type room in a residential building.

2. General provisions

2.1. This Regulation determines the conditions for acquiring investment rights and the procedure for the development of attic spaces for the installation of attics in residential buildings in Moscow.

2.2. The regulation was developed in accordance with the decree of the Moscow City Duma of January 17, 1996 No. 5 "On the specifics of investment activities in the construction and reconstruction of attics, extensions, underground and other structures at the housing stock of Moscow", in the development of the Moscow Government decree of December 14 1993 “On the reconstruction of attic premises of residential buildings for apartments and mansard-type office premises” No. 1149 and the order of the Mayor of Moscow dated February 7, 1995 No. 67-RM “On the reconstruction of attic premises of residential buildings with scheduled preventive maintenance”.

2.3. The work on the development of attics is carried out in order to fulfill the program of capital repairs and reconstruction of buildings in the city of Moscow, to create additional living space without building new land plots and to attract extra-budgetary funds for housing construction and to resolve issues of extra-budgetary financing of housing repairs. This goal is achieved through the sale of investment rights for the development of the attic space (attic construction) on a competitive basis, with the subsequent arrangement of attic-type premises.

2.4. Design and estimate documentation for the attic arrangement in residential buildings must be agreed with the Moscow Committee for Architecture, the Department of State Control, Protection and Use of Historical and Cultural Monuments of Moscow, the State Fire Supervision Authorities, the State Sanitary and Epidemiological Supervision authorities, the MoszhilNIIproekt in the manner determined by the regulatory acts of the city of Moscow.

At the same time, if the installation of attic-type premises is carried out over the entire residential building with a change in the facade, then the procedure established by the order of the Mayor of Moscow No. 39-RM dated January 31, 1996, applies. Considering that the construction of attic premises is carried out without building up land plots, no approval of the Moscow Land Committee on this issue is required.

2.5. Owners' associations that have accepted residential buildings for management in the manner determined by the decree of the Moscow Government dated 08.28.93 No. 813, simultaneously acquire the right to act as a customer for the reconstruction of residential buildings with the development of the attic space under the attic. The decision to carry out the reconstruction is made at the general meeting of the partnerships.

3. The order of registration of documents

3.1. An investor applying for the construction of a mansard-type premise is determined by the results of a special competition held by the prefect of the administrative district.

3.2. To conduct the tender, the tender commission orders a technical opinion from the MoszhilNIIproekt on the state of house structures, floors of the last floor and roof structures, design documentation for the attic arrangement, agreed in accordance with the established procedure, the cost of which is subsequently paid by the investor who won the tender.

In addition, the set of tender documents must include the calculation of mandatory compensation payments at the expense of the investor in favor of the owners (tenants) of apartments directly adjacent to the zones of construction work. The amount of compensation payments is determined by MosgorBTI.

Issues related to allowing the investor to compensate part of the cost of the investment right by performing scheduled preventive, current or major repairs of the house where the investment object is located (or other work in accordance with the needs of the city economy) are considered in the prefectures of the administrative districts by a special (competitive) commission.

At the request of the owners (tenants) of apartments directly adjacent to the zones of construction work, these compensations can be replaced by repair work in the amount of compensation.

3.3. When deciding to carry out work on the development of the attic space of a residential building, all owners living in this house must be notified of the upcoming work. Controversial issues with the owners are resolved in court.

3.4. Not later than a month before the competition, its conditions must be published.

3.5. The decision of the competition committee is approved by the order of the prefect of the administrative district.

3.6. On the basis of the order of the prefect of the administrative district and payment of investment rights to the city budget, an agreement is drawn up with the investor for the development of the attic space or its separate section. The contract must be registered with the Department of Public Housing.

3.7. After registering the contract, the investor is obliged to master the attic space according to the project within the specified time frame.

3.8. Acceptance of works at the end of the construction of the attic is carried out by the acceptance commissions of the administrative districts. The act of acceptance of works is approved within a month by the order of the prefect.

3.9. Information on the new technical parameters of the living quarters of the last floor and attic rooms, as well as the entire house as a whole, is prepared by the Moscow City Technical Inspectorate and sent to the Department of Municipal Housing to amend the relevant databases.

3.10. The newly received area is registered in ownership by concluding a notarial agreement with its subsequent registration in the Department of Municipal Housing.

The final point was put by the Supreme Court in the dispute between the owners of housing in a new high-rise building with a businessman who took away all non-residential premises in the same building. And although only a few people filed this particular claim, the issue that was on the agenda turned out to be not at all a private matter of only these plaintiffs.

In addition to the purchased apartment, the new settlers also receive the non-residential part of the house - attics with basements. Photo: Photoxpress

The situation when new settlers, having moved into the purchased housing, find out that all non-residential premises in their house are already someone's private property, is found everywhere. With all the prevalence of this situation, it, as confirmed by the Supreme Court, is fundamentally illegal.

Moreover, today the struggle for the possession of basements, attics and all kinds of technical premises in apartment buildings has acquired an important material aspect. With the growing tariffs for housing and communal services, apartment owners have a completely legal opportunity to dispose of non-residential premises in their house in such a way as to reduce the ever-increasing material burden for themselves and their neighbors.

So, the case was in Moscow, where three new settlers applied to the Khamovnichesky District Court. In their lawsuit, they wrote that they had purchased housing in a new building, but all the so-called technical premises in their house were already the property of a certain merchant. They sued him, claiming that, according to the law, the premises registered for him belonged to them.

The businessman did not agree with the claims of the tenants and did not admit the claim. He stated that he was an investor in the construction of this particular house. And, investing in construction, he stipulated his conditions in advance: after the completion of the work, he receives part of the residential and all non-residential premises in his ownership. His words were confirmed by the documents.

The District Court, and later the Moscow City Court, satisfied the demands of the new settlers. True, not completely, but on the main thing the courts agreed with the tenants. ... And the documents signed by the businessman stating that he receives the non-residential area in the house into his own property were declared null and void. That is, they have no legal force.

The decision in favor of the tenants did not suit the merchant, with whose money, in fact, this house was built. And he went to the Supreme Court. In the final version, the case was reviewed by the Judicial Collegium for Civil Cases of the Supreme Court.

The Supreme Court began by checking documents. It turned out that by a decree of the government of the capital, a certain company was allocated land for the construction of a housing and administrative complex with an underground parking lot. The lease term is standard - 49 years. Our businessman only a few years later invested in this construction. At first, with one document, he agreed to transfer to him a certain area of residential and non-residential premises in the building.

Later, additions appeared, in which the volume of non-residential premises transferred to a merchant increased sharply.

According to the results of the construction and according to the documents, the businessman received a lot of property, including what caused a litigation. Namely, a water metering unit, a pumping station, corridors and vestibules.

At the time of the conclusion of the investment agreement, the Law "On the Fundamentals of Housing Policy" N 4218-1 was in force. It lists what is the common property of the house. To put it right, this is called "a single real estate complex designed to serve more than one homeowner." \

By law, all of this property is jointly owned by the homeowners and cannot be alienated separately from the homeowner's title to the premises.

Each apartment owner, according to the Civil Code (Article 289), has a share of all of the above. According to the law, a person, buying a house in an apartment building, becomes the owner of this common property in shares proportional to the total area of the residential premises belonging to him.

Based on this, the common property in an apartment building cannot be listed for one person, since this will violate the rights of the rest of the owners of the house.

The Supreme Court stated that the district court completely correctly explained why the contract of the merchant who invested money in the construction turned out to be impracticable due to the illiteracy of those who prepared it.

Residents of the top 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 living space.

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 the privatized apartments.

Elevators, staircases, basements, adjacent corridors are also considered to be property of the house ... The unauthorized seizure of additional space is considered a malicious violation. If hidden use of the attic is discovered, the violator will be obliged to return the attic, and in addition to this, to compensate the rest of the 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 familiarize yourself with.

Can you privatize the attic above your apartment?

Apartment buildings include property that belongs to all apartment owners. Stairs, attics, elevator shafts are all property of the residents(Article 36 of the LC RF). The latter can conclude a contract for the maintenance of facilities with the 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 enjoy 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-tiered house.

Why do tenants need to privatize the attic above the apartment:

Personal use - for example, creating an additional room (recreation room, warehouse, dressing room).
Increase in the value of your apartment - housing that is sold together with the attic is much more expensive than ordinary square meters.
Commercial lease - non-residential objects in the house can be leased to individual entrepreneurs or legal entities; rent becomes an additional source of income.
Protection against encroachment - the privatized attic above the apartment cannot be used by third parties (for example, by the local administration without the consent of the tenants).

Thus, the privatization of the attic above your apartment is possible - this is a profitable decision to become the owner of non-residential premises. The object can be used for various purposes and benefit from it.

In what cases is it possible?

Only apartment owners 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 of municipal apartments do not have this 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:

the premises have not been privatized by anyone;
the attic does not serve as a place of intersection of engineering units (electrical wiring, gas pipeline, water supply);
the object is not considered emergency (Read "");
consent of the residents of the lower and middle floors.

It happens that the attic space has already been privatized, but the owner does not use it. How to be in such a situation? A smart solution would be to negotiate with the owner to rent an attic. The second option is to try to buy out a non-residential property. Financial costs can be compensated for by renting out the attic in a commercial lease.

When is privatization impossible?

Before privatizing the attic above your apartment, you need to assess the status of the non-residential premises. There are several factors that prevent the transfer of the attic into private property.

Ban on privatization of the attic:

If the premises are the most important communication nodes, and the privatization of the attic will create difficulties with access for the staff of the management company and emergency services.
The apartment building is included in the list of capital repairs.
The residential building is subject to demolition.
The attic space is already owned by another person.

These reasons make it impossible to privatize an 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 a refusal will follow.

Example:

The Savelyevs lived on the top floor of a 5-storey building. There is an attic above their apartment. The house was new, so the additional area was in a usable condition - it looked like an attic. Savelyev was engaged in entrepreneurship - he had a small printing laboratory. Having estimated that it was cheaper to engage in individual entrepreneurship in the attic near his apartment, Savelyev posted announcements about the collection of tenants for a general meeting. Further, the individual entrepreneur spoke about the idea and asked for permission from the tenants to privatize the attic into their property. Of course, not just like that - Savelyev promised the tenants a small compensation. The consent was obtained, the individual entrepreneur went to the housing inspectorate. 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. Transferring engineering units is also difficult. Savelyev could have privatized the attic, but he was forbidden to place a laboratory there.

How to privatize the attic above your apartment?

Preparations for the privatization of the attic above the residential premises have three main areas: obtaining the consent of the tenants, decorating the attic and registering the right at the Rosreestr branch.

Where to go?

Let's start with the question 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 service the communication systems.

For example:

Housing inspection;
Technical department of Rospotrebnadzor;
Architecture or town planning department in the region;
State Fire Supervision of the Ministry of Internal Affairs of Russia;
Gas technical inspection.

The technical design for the re-equipment of the attic is ordered from a licensed company. Experts will help you complete all the calculations, after which they will make a detailed plan for the inspection services. Compilation and approval is handled by 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 assumes responsibility for updating the attic data sheet.

Order (algorithm of actions)

Let's figure out the procedure - it consists of six main stages. Differences may be related to the requirements of regional authorities.

Algorithm:

Decide on the status of the attic.
Notify the tenants of the house about the privatization of non-residential premises.
Get the consent of the tenants.
Create a reconstruction plan, get permits.
Order an examination of the redevelopment of the attic area.
Register ownership in Rosreestr.

Procedure

The privatization of the attic above your apartment is not considered out of the ordinary. On the contrary, the instructions are pretty self-explanatory. The main thing is to secure the consent of the tenants and not violate the interests of state authorities.

Below is a step-by-step guide to privatizing an attic:

STEP # 1. Meeting of residents

The attic space belongs to the property of an apartment building. No one owns the premises separately, but without the consent of the tenants, privatization / rent is impossible. Therefore, the person concerned needs to organize a general meeting of the residents of the house. The notification is sent in advance - no later than 10 days before the start of voting.

Meeting attendance alone is not enough. Residents of the house must vote to privatize 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 there are still dissatisfied or abstained from voting, privatization will be delayed. Signatures are affixed on a special act, which will subsequently be submitted for approval to the local administration.

Step # 3. Conversion permit

Issued by government agencies. The applicant will have to visit the housing department, the Criminal Code and the BTI.

Step # 4. Project order

Manufactured by licensed firms. The architectural design includes information about the technical data of the object.

Step # 5. Get government approval

After preparing the project, you can contact the city or district administration. The main issues are solved by the department of urban planning. Experts will check the project for compliance with architectural standards and make a final decision: approve or reject.

Step 6. Repair and renewal of the technical passport

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 no comments arise, the BTI employees will issue an updated registration certificate for the attic.

Step 7. Registration of ownership

The final stage is an appeal to Rosreestr. Together with the documents, you must 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 familiarize yourself with the photo and features of the privatization document.

The documents

An applicant for an attic space must prepare two sets of documents: for a non-residential object and for his apartment.

List of documents to the attic area:

a copy of the minutes of the general meeting of residents;
certificate signed by apartment owners;
official permission for the reconstruction of the attic;
a certificate from the BTI on the study of the premises for suitability;
a certificate from the department of the Ministry of Internal Affairs of the Russian Federation;
information about the absence of the owner of the premises;
copy of the registration certificate for the apartment building;
explication of the house;
technical information about the attic area.

The rest of the documents are submitted:

the registration certificate of the apartment on the top floor;
an extract from the USRN - confirms the fact of owning an apartment;
documents of title to housing (sale and purchase agreement, deed of gift, certificate of inheritance, etc.);
copies + original of the applicant's passport.

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 an application. However, there is an urgent paid procedure. The certificate will be issued within a few days.

- read in our article.

Attaching the attic allows you to turn an ordinary apartment on the top floor into a two-level apartment, which makes it possible not only to expand the living space, but also to significantly increase the degree of living comfort.

This article will discuss how feasible the idea of attaching an attic is, as well as the sequence of actions, the implementation of which should lead to the implementation of the ideas.

The meaning of the idea

The attic floor is built, as a rule, in private houses, but nothing prevents you from doing the same on the basis of the attic of a multi-storey building with a sloping roof (however, the roof can be flat, and even exploited, if only the ceiling height allows). Usually attics, being a technical room, which must necessarily be provided for in the project of the house, are not used by the tenants of the house in any way and the usable area is idle. Exceptions are isolated cases when building materials left over from house repairs and other items are stored on the attic floor.

To turn part of the attic into a living space, it is necessary to carry out redevelopment, during which the apartment on the top floor and the area that is located directly above this apartment will be merged. As a rule, the technical part of the question, although it requires certain (sometimes very significant) financial investments, is nevertheless realizable in many cases. But the issues that relate to the organizational and legal part of the plan require time and patience, since their solution is more difficult, and in some cases, even with all the persistence of the apartment owner, some obstacles cannot be removed.

So, joining a part of the attic space to the area of an apartment on the top floor includes the legal, organizational and technical part of the issue. Let us consider in more detail the problems that may arise at each level of implementation of the idea, as well as ways to overcome them.

Organizational part

The attic space is not a common area, however, it is the common property of the owners of the house (Art.36 of the RF LC), like other premises, utilities, roofs, etc. Therefore, in order for one or more owners of apartments on the top floor to be able to use or to attach the attic area for your own purposes, the consent of the residents of all apartments in the house is required.

Such consent can be obtained exclusively through a general meeting of residents of an apartment building, since it is only in the competence of the meeting to make decisions on the repair, reconstruction of the house, carrying out various construction works, and the construction of additional structures (2, Art. 44 of the RF LC).

In many cases it is very difficult to obtain the consent of the owners for the operation of the common area. The reason for this is the complete lack of interest of residents in a positive solution to this issue. In addition, the motive for refusal may be the memory of past conflict situations that arose between the tenant applying for the attic and the neighbors. Banal envy may also take place, because the rest of the tenants have no way at all to expand their living space.

A constructive dialogue will help to make a positive decision - you can offer neighbors to equip a parking lot near the house or equip a playground in exchange for concessions regarding the attic. However, one should not despair if it was not possible to resolve the issue through a unanimous decision of the meeting of owners, since there is an opportunity to use one of several methods, which will be described below.

Legal part

From a legal point of view, using the attic space as additional living space would be illegal even if the neighbors have no objection. The attic does not have the status of a living space, therefore it is prohibited to live there. However, you can master the area in the attic by equipping an attic room there (reconstruction of the attic), which, through redevelopment, joins the area of the apartment and, after making changes to the documentation (state registration), will become a living area.

In order to carry out construction work in the attic and subsequently live there, you need a foundation, namely, square meters in the attic must be owned or used on a lease basis (free use). That is, the owner of an apartment on the top floor, who wants to add a part of the attic space to the area of his apartment, can use one of the methods - take the attic space for a long-term lease (accept free use) or buy this area.

In turn, according to the current legislation, the owners at the general meeting can confirm their consent to the following actions:

Reconstruction of the attic space with a decrease in the share of common property (or without a decrease). In this case, a unanimous decision of all owners of an apartment building is required;
Transfer of the attic space for rent (free use). In this case, according to Art. 46 of the RF LC is enough for at least two-thirds of the owners to vote.

According to the chosen method of connection, it is necessary to conclude a lease agreement (transfer for free use, reconstruction) and register this agreement in the prescribed manner.

The procedure for transferring part of the attic space

When it comes to transferring the attic into ownership, all the stages preceding the transformation of the attic into an attic are performed on behalf of the collective of owners. The procedure is quite laborious, but feasible, the procedure is as follows:

Making a decision (unanimous) of the owners on reconstruction;
Obtaining permission for reconstruction by the owners;
Reconstruction (by owners);
Acceptance of the reconstruction results and putting the attic into operation (by the owners);
Transfer of the attic space, amendments to technical documentation, registration of ownership.

In the case of the transfer of premises under a lease agreement, everything is much simpler, after obtaining the consent of the owners, all actions are performed by the future occupant of the attic. Therefore, the procedure is somewhat different:

Obtaining consent to transfer the attic space for rent (free use);
Signing a lease agreement and state registration of the document;
Obtaining permission for the reconstruction of the attic area;
Reorganization;
Obtaining an act of acceptance and putting the attic into operation;
Changes to the documentation (separately for the attic).

Technical part

Before preparing the documents for accepting the attic space for rent or ownership, you need to find out whether it is possible to use the attic space as a living space from a technical point of view, and whether it is technically possible to carry out the work necessary for the physical connection of a part of the attic.

In other words, you need to understand whether the work will affect the integrity of the building, whether there will be interference with the operation of engineering systems, whether access to them will remain, and also how the erected walls will affect the routes developed for fire evacuation (for residents of this and neighboring entrances) ... If at this stage no obstacles to redevelopment are found, you need to order a project, agree on it and obtain permission for redevelopment.

Procedure for attaching the attic space

1. Expertise

The first step is to order an examination, the purpose of which is to obtain an official opinion regarding the absence of technical obstacles for the reconstruction of the attic. Such an examination is carried out by the city administration of construction and architecture;

2. Title documents

Now it is necessary to take care of obtaining the appropriate decisions of the general meeting of the owners of the apartment building and the execution of documents giving the right to obtain permission to carry out the reconstruction and subsequent actions.

3. Project creation

After the conclusion is received, and all documents confirming the right to carry out the reorganization have also been received, it's time to start preparing the reorganization project. The production of the project is carried out by state and private design organizations that have the appropriate licenses. After production, the project must be agreed with a number of authorities, for example, for Moscow it is:

Architectural management;
State fire control;
Mosgaz;
Moskomarkhitektura.

4. Obtaining permission

For permission to rebuild the attic, you should contact the city Housing Inspectorate with a list of documents:

Agreed project;
Technical passport for the apartment;
Documents of title (lease agreement, decision on reconstruction, etc.).

5. Carrying out work

During the work, it is necessary to strictly adhere to the design documentation, otherwise serious complications may arise at subsequent stages.

6. Acceptance of works and commissioning

Upon completion of construction work, it is necessary to obtain an act of completed work, on the basis of which the premises will be documented put into operation. This is done by employees of the city Housing Inspectorate.

7. Changes in documents and state registration

The final stage will be the production of a new apartment passport (BTI) with the subsequent registration of property rights (if the attic area has passed into ownership, Rosreestr). If the premises are accepted under a lease agreement (or for free use), it will be necessary to prepare documents and register a separate real estate object (attic).

Usually such apartments are called penthouses and, by the way, they are not at all common in central Russia. On the contrary, such buildings are very popular abroad, and in our latitudes only elite cottages or multi-storey complexes can boast of such buildings.

Of course, every citizen wants to significantly improve his living conditions, which is why he resorts to seizing some premises that do not belong to him.

Can you privatize?

Many houses built in our country have an attic space. Some citizens, dreaming of realizing their dream of a two-story building, are going to buy the attic and, making it part of their property, create an attic out of it.

Is it possible to privatize the attic above the apartment?

Yes, if you are a resident of the upper floor and there is an attic above you.

But how can this actually be done in accordance with the law and will such an action be legal at all?

We will tell you about this in our article, as well as give some tips that will help you bring the cherished goal of privatizing the attic to reality.

When is privatization impossible?

There are certain conditions under which the privatization of the attic above the apartment can be carried out. But there are also some factors that affect the fact that the attic can never become part of your property.

So, the privatization of the attic above the apartment is impossible, if it is already someone's property... Then, in accordance with the Civil Code, you have no right to apply for privatization, you can only ask the owner the option of renting or buying an attic.

Unfortunately, it is often the case that real estate, which, it would seem, is in an ownerless state, is already someone owns by right of ownership, they just forgot about it.

It is also impossible to privatize an attic if it is the center of intersection of some important communications and connections... Electric wires, gas and water pipes all go directly to the top of the building, and around the clock, this object must be accessible.

Very rarely, when a management company decides to transfer these communications in order to free up space for privatization - this is actually a difficult and very dangerous activity. Since the master must have access to the wires and pipes around the clock.

You must admit that it will probably not be convenient for you to receive incomprehensible guests, and having communications in the apartment responsible for the entire residential entrance does not fit into your plans either. Therefore, in this case, it will also not work to appropriate the attic.

Another reason the attic cannot be privatized is tenants' disagreement.

In fact, the attic is a common house property, the responsibility for which is borne by Management Company, and on the basis of property rights, it equally belongs to all tenants.

Therefore, you can collect all residents house or entrance and ask them to vote and leave signatures for the attic to become your property.

But in the case, if there are opponents this idea - you are not allowed to carry out such actions.

Also, the attic cannot be privatized in the event that if it is in disrepair... Then, unfortunately, neither you nor anyone else will be able to privatize this property until it is brought into perfect condition, which would not constitute a threat to life.

What options are there?

You can only use the attic in case of lease or privatization of premises... Since the lease represents the temporary nature of the ownership and use of real estate, we will not consider this option. But if you want not only to use, but also to own and dispose of the attic, then we can only talk about privatization.

You have two options on how to privatize the attic above your apartment - the first case is negotiate with the management company.

If the attic does not have any communications and is not in disrepair, the management company, which, during the development, retained the right to use the residential premises, may allow you to carry out the privatization procedure.

But often, the management company does not have the right to dispose of such real estate, since in the shared construction agreement, and in the charter of the management company, it is said that the tenants equally have the right to ownerless real estate at home.

Remember! Before starting your privatization actions, you must obtain an agreement from all inhabiting this building.

We suggest that you familiarize yourself with the information on how to register and in what case, a citizen can.

Step-by-step instruction

So, in order for you to become the full owner of the attic space, you need:

Conduct a general meeting of residents;
Ask them to vote;
When you receive one hundred percent of the votes for privatization, you can start collecting documents;
You must submit the documents to the management company for review, and to the city administration, namely to the privatization committee;
Wait for the result of consideration;
If the answer is yes, privatize the property in Rosreestr.

Do not forget! Before you start the complex procedure of collecting documents, make sure that this living space is in fact not occupied by anyone, otherwise all your efforts will be in vain.

Collecting documents

Documents can be divided into two large groups. First of all, for the privatization of the attic space you will need documents from various authorities, but we will talk about them later and in a separate topic. Also you will need papers for an apartment that you already have in your hands. These include the following papers:

Cadastral plan of your apartment;
The technical plan of your living space;
Documents of title, which include:
- certificate of ownership in your name or the name of one of the household members;
- donative;
- documents confirming the right to inherit this dwelling.
A photocopy of your passport.

Obtaining the consent of neighbors

Obtaining consent from neighbors - the most important point in the matter of privatization.

After all, the attic is by all the rules - common property, if no one had time to privatize it many earlier.

If all 100% of those living in the house voted for the fact that they are not against you taking up privatization - feel free to start collecting documents, but if some abstained, did not vote, or even thought that you are neglecting the rights of other residents - you cannot pretend to the attic.

Contacting the authorities

In addition to the documents that, one way or another, you already have in your hands, you need to visit a number of authorities and collect the documents required for privatization.

So, it is necessary come to Rospotrebnadzor and get a certificate that this room and its use will not pose a danger to the residents of the house.
The next point of your visit is GU EMERCOM... There they must check or simply issue a certificate that the given structure is safe in the technical board.
Architectural management must approve your plan for connecting the attic with the apartment, or simply joining into a single property.
Gas inspection must also issue permission to join and confirm that in this way the most important communications will be open for access.
Contact an architect, which should draw up a project for your new home with the condition of joining the attic.

These documents are submitted to the housing committee, where in the end you should get a final conclusion, which will establish whether privatization is possible or not.

If possible - you contact the city administration and already there, carry out the final stages of this action in the form of obtaining documents and processing in Rosreestr.

Price

Unfortunately, it is almost impossible to determine the cost of such an action, since it varies from region to region. Also, different prices are set for obtaining technical documentation.

You can spend from one and a half to three thousand rubles for the design of the architectural plan, and more from twenty to forty thousand for the registration of the attic in the property through privatization.

Unfortunately, uniform tariffs are not set anywhere and fees for collecting documents and required fees.

Now you know how to register an attic as your property, and having correctly calculated the forces and actions, you can start this procedure today.