Currently, all issues related in one way or another to the redevelopment of an apartment are regulated by the norms of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation). In Part 1 of Art. 25 of the Housing Code of the Russian Federation, reconstruction means all types of work with engineering, plumbing and electrical equipment of a residential premises, which require changes to the technical passport of the premises. By analogy with this definition, redevelopment means making changes to the configuration of housing, which also require reflection in the technical passport. In this article we will figure out where to complain about illegal redevelopment of neighbors? The article is also suitable for cases of illegal redevelopment, reconstruction of non-residential premises, cases of illegal transfer of utility networks or communications.
If your neighbors redeveloped their housing and did not properly legalize it, they may be held accountable under Article 7.21 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) and Article 19.1 of the Code of Administrative Offenses of the Russian Federation.
That is why all significant changes in the interior of the apartment, which entailed the demolition of walls, must be agreed upon with the competent authorities. If you become aware that your neighbors have remodeled their apartment without permission, you have every right to write a complaint against them. The law provides the right to write an application to several authorities at once. Below we will discuss in detail which ones.
Illegal redevelopment can be dangerous to the property and health of neighbors.
Features of drawing up an application to the management company
According to the current law, any management company is called upon to ensure the safe living of residents who live in the house under its care. If a complaint was sent to this organization about illegal redevelopment, then such information should be promptly verified. For this purpose, a special commission is being created that will deal with this issue. The tenant suspected of an offense is notified in writing of the date and time of her arrival.
In practice, neighbors' suspicions about the illegality of redevelopment are not always justified. Sometimes the noise of repair work, associated, for example, with the replacement of interior doors, is often mistaken for redevelopment work. The noise from construction work is especially audible in panel Khrushchev buildings. In other situations, it may well turn out that permission to carry out redevelopment work has been obtained. In both such cases, the complaint will be rejected, since there is no evidence of an offense.
If the suspected tenant did not allow the commission to enter the territory of his home at the specified time, then the appeal may be sent to the Housing Inspectorate.
How to coordinate
If unauthorized redevelopment is nevertheless carried out, it can be legalized. The procedure is similar to the one that takes place to legitimize the future layout. In theory, you need to submit documents to the housing inspectorate and wait for a decision. Then contact the BTI, where the necessary changes will be made to the apartment plan. But in practice it is not as simple as it seems.
For example, if a redevelopment was carried out to enlarge the bathroom at the expense of a corridor or storage room, then such work is unlikely to be agreed upon with the competent authorities. And if the bathroom was enlarged at the expense of the living room, then the housing inspectorate will refuse to recognize such reconstruction as legal. The fact is that when reinstalling such equipment, waterproofing is required. And for this it is necessary to obtain the appropriate act, without which it will subsequently be impossible to legalize the redevelopment of the apartment.
Features of filing a complaint with the Housing Inspectorate
Both the residents of the building themselves and the representative of the management company have the right to file such a complaint. If the application is submitted collectively, the time frame for its consideration may be reduced. The complaint is submitted in the form of an application, which must include the following information :
- Applicant's passport details;
- Address of the apartment that is under suspicion;
- The reasons for such suspicions;
- The expected damage that could be caused by such actions.
If there are photographs or videos of the suspicious apartment, they should also be included in the complaint as evidence.
Further, consideration of the application occurs in the same manner as by a commission from the management company. The only difference in this procedure is that if, after two visits by the commission, the tenant still does not allow it into the apartment to conduct an inspection, the case may be referred to the court.
If the owner allowed the commission into his apartment and it found violations of housing legislation on redevelopment, then an administrative fine is issued against the violator with an order to eliminate the identified violations.
If the commission did not find anything illegal in your neighbor’s repair work and you were dissatisfied with its decision, then you can send your complaint to the prosecutor’s office.
How to write an application
The text of the complaint must include the following information:
- Full name, address and contact details of the applicant. If the complaint is collective, then the data of all applicants with signatures and transcripts will be required;
- The text of the letter should indicate the specific address where the illegal redevelopment is being carried out;
- It is advisable to indicate the details of the owner who is carrying out unauthorized work;
- Indicate the dates of illegal work;
- At the end, make a request for an audit;
- Certify the complaint with a signature and transcript and indicate the date of compilation.
You can submit your complaint to the Housing Inspectorate in person or by mail with notification of receipt. It is worth asking if your housing inspection department has a website. After all, it is possible to draw up and send a complaint electronically directly on the website or via email. Moscow residents have the opportunity to contact the Moscow Housing Inspectorate through the “Our City” portal.
Information!
If, for any reason, you do not want to send your complaint in writing, then you can complain about illegal redevelopment in your neighbors’ apartment in person. To do this, you need to make an appointment with the head of the housing inspection or the head of the department.
Features of filing an appeal to the prosecutor's office
As a general rule, such complaints should be sent to the district prosecutor's offices. Such a complaint should be accompanied by the conclusion of the Housing Inspectorate on this issue. If there are photos or videos that can serve as evidence of the existence of illegal redevelopment, they should also be attached to the application. If an inspection report has been drawn up for the relevant apartment, it is also filed with the application.
The current law of the Russian Federation has given each citizen the right to defend their legitimate interests, therefore prosecutors will be required to accept your complaint. Refusal in this case will be illegal.
Such an appeal can be submitted in several ways :
- Through the secretariat of the prosecutor's office;
- By making an appointment with the prosecutor in person;
- Sending a registered letter to the prosecutor's office with a list of attachments.
In the latter case, we advise you not to throw away the shipping receipt under any circumstances, because it can be very useful to you in the event of a trial.
After receiving the relevant application, the prosecutor's office will conduct an inspection of the indicated suspicious apartment. If suddenly, during these verification activities, employees of the prosecutor's office reveal the fact that this redevelopment created a risk to the life and health of residents, then appropriate measures are taken regarding this fact. If there is still no such threat, but there is a risk of causing property damage, then the results of the inspection may serve as the basis for going to court.
When submitting an appeal to the prosecutor's office regarding the fact of illegal redevelopment, it is imperative that all relevant evidence is attached to it. It is not necessary to indicate references to specific articles of legislation in the content of the complaint, but all facts must be presented clearly and in strict chronological order.
The prosecutor's office can also check the legality of the actions of the housing inspectorate, which previously carried out the inspection. If violations of the law are detected, the prosecutor's office may issue a statement on the need to comply with the law. The presentation is mandatory.
Where to contact
The only thing that stops many people from filing a complaint is that they don't know where to go. Therefore, it is important to understand where to turn if your neighbors are planning a redevelopment. Of course, first of all, it’s worth talking to them personally and explaining what the consequences of their actions may be. It is quite possible that they will come to their senses and either cancel the repairs or decide to legalize it.
You should go to the management company, because it is obliged not only to be responsible for payments for utility services, but also to monitor the condition of the building. It also happens that the management did not help solve the problem, and then you can already go to the Housing Inspectorate. You must file a complaint in writing, making sure to include your passport details and contact information. It is also worth describing the existing problem in detail, specifying who exactly is doing the redevelopment. By the way, it will be useful to collect signatures for the complaint from other residents of the high-rise building.
Important! Obtaining permission from the BTI requires money, so people may refuse to apply there. If they continue to act illegally, then the only thing left to do is complain about them.
Some people think that it is worth going to Rospotrebnadzor regarding the neighbor's redevelopment, but it will be much more effective if citizens complained to the prosecutor's office or a judicial authority. However, it is better to do this only when other authorities have not helped. Note that for people carrying out illegal repairs, this outcome is the worst, because serious liability will be imposed.
Features of the procedure for filing a lawsuit
The following may apply to the court with a request to restore the apartment to its original form:
- Prosecutor's office in the interests of residents of the house;
- Housing Inspection;
- Residents of the building living next door to the suspicious apartment.
In the latter case, the results of inspection activities carried out by the Housing Inspectorate, as well as by the prosecutor's office or police must be attached to the complaint. This is required as confirmation of the fact that the pre-trial procedure for resolving the conflict has already been exhausted. In addition, it is advisable to attach a technical passport of the suspected apartment to the complaint, as well as photos that demonstrate its current condition.
The results of an independent examination, which should be ordered in advance, are suitable as evidence of possible damage. If this illegal redevelopment has already resulted in certain property damage, then you should attach to your application the corresponding results of the examination (assessment), which confirm this fact. When filing a claim in court, you can demand not only that the apartment be restored to the condition it was in before the redevelopment, but also compensation for damage incurred.
In practice, there are situations when, during the consideration of the case in other instances, the tenant manages to sell his apartment. Then problems may arise for the new owner of the apartment. Before buying an apartment, you need to ask the previous owner for all documents confirming the legality of the redevelopment.
What can be attributed and how to identify it?
Illegal redevelopment is far from a rare occurrence today. People, moving to secondary housing, want to do everything at their own discretion, based on their own interests, sometimes without thinking that some actions may have a detrimental effect on the integrity of the building and safety standards. Today, in order to carry out redevelopment or reconstruction of an apartment, it is necessary to obtain special permission from the housing inspectorate, which checks the compliance of the owner’s plans with legal norms.
Read about the cost of redevelopment here.
Some activities do not require permits, but most work must be approved. If you notice that workers are removing large pieces of brick cemented together from the apartment, then the neighbors are most likely working on load-bearing walls, which is quite difficult to authorize. In such situations, being vigilant and reporting unauthorized redevelopment is not only possible, but also necessary, because such actions can damage the entire house.
