Any redevelopment must be coordinated with the local administration and a number of other instances. The one who radically perestraivat their homes, there must be a project. The difficulty lies in the fact that the landlord has the full right not to let the neighbors in his apartment, even if they have strong evidence that their rights have been violated. Therefore, we must act through official institutions.
For starters, refer the complaint to the local authority. Write what you have reason to believe that the neighbor has made illegal alterations to his apartment. If the offender lives in a Council flat, and this case may be limited, as the owner is a municipality, which is responsible for the actions of employers. The local administration without your participation apply to the Supervisory and judicial authorities.
To apply to the municipality makes sense, and in that case, if the offender lives in a privatized apartment. You can obtain information, legalized or no alterations, as the project is coordinated in local government. You need to contact reception or the General division. The answer will give you a month, but the letter needs to register at the time of its submission. If you prefer to use regular mail, send a registered letter with notification. Many municipalities already have e-reception, where you can also send your petition.
To seek justice through the State housing inspection. The appeal can be sent in any form, under Russian law. On will check with all the requirements of the law. It can apply to the infringer administrative measures, to oblige him to legalize the remodeling, but if it is a danger to other tenants, and to return the apartment to its previous state. In some cases they can apply to Architectural oversight – for example, if the owner rebuilt the balcony of the building, an architectural monument.
For illegal alterations you can turn to the Prosecutor. The Prosecutor initiates an inspection will seek opportunities to inspect the apartment of the offender by the court and will issue an order to eliminate violations. The judicial procedure can be initiated and the Prosecutor's office and other oversight bodies, and the administration. If the court will make the decision to return the apartment to its former condition, and the owner of it does not comply, may be instituted enforcement proceedings.
Advice 2: How to legalize alterations to the apartment through the courts
Alterations inside of the apartment requires notification to official bodies. Change the configuration of the apartment, which requires changes in the technical passport of the dwelling, namely, the destruction of the walls, installation of door openings in a new location, change the square rooms and the like, is, in fact, re-planning of apartments.
You will need
- Passport, technical passport of the apartment, the application for redevelopment, identifying the right apartment document, the redevelopment project, the written consent of all family members living in the apartment.
First contact branch of the FGUP "rostehinventarizatsiya – federalnoe BTI" to get a copy of the technical passport of the apartment.
Next you need to find a design company which isstate licensed for redevelopment. These organizations are preparing and executing the projects of future changes, which are agreed with sanitary-epidemiological, fire, gas and other services. The number of such services depends on the type of redevelopment and features of the property.
Then contact the Department of construction and architecture of the city district of your city with all documents.
Set the period during which you will be given the nod to redevelop. It is 45 days after receiving all documents. Thus, you either give the nod or deny, and give the appropriate arguments, for example, discovered flaws in documents" or "design flaws". If agreed, the redevelopment is done, there after you must again contact the Department. A Commission will be created that will test whether all redevelopment conforms to the design, is not altered if nothing more. Also if the apartment is privatized, the act of the Commission must be attributed to the management of the registration service. There changes will make in the unified state register of rights to immovable property and transactions with it.
Unauthorized alterations, illegal. Why? But because state Agencies sooner or later will find in the apartment, for example, unregistered the wall. What does this entail? In the best case, government representatives will be asked to execute all legally, and at worst forced to return the premises in the original form. Thus, it is advisable to still apply for a redevelopment, which should be carried out only after consultation with the local authorities.
It should be emphasized that making alterations to the apartment – the process is long and laborious, but necessary. Failure to do so entails a fairly dire consequences: the owner will not be able to fully dispose of their property, that is, to sell, to privatize, and so on. But despite this, many are now trying to circumvent the law, to avoid undue delay, and not to execute this procedure.
Advice 3: Where to complain neighbours
Accommodation in an apartment house implies the presence of neighbors that may be far from ideal. However, you are not required to patiently endure the constant noise and other "charms" of this neighborhood. There are laws under which you can file a legitimate complaint.
If your neighbors are constantly making noise, setting up the next showdown or doing repairs apartment, you can record the annoying sounds on the recorder and go to the district. This is possible if the noise is recorded at night from 23 PM to 7 am, when it should not exceed 30 dB (for comparison, the noise is 75dB vacuum, TV – 60-70 dB). In severe cases, you can call the office on duty OVD of your area. And remember that your actions are backed by law.
Best act of collective complaints: collect signatures of other tenants who may also suffer from restless neighbours. Make a statement in two parts, one of which with a note about the adoption of Express yourself. If law enforcement would take appropriate action, complain to the city police Department.
If in a noisy apartment living tenants, then there is a room for rent, first of all, try to notify the problem owner. It is likely he will not want to deal with problematic customers.
Sometimes the neighbors for months to make repairs in his apartment, banging day and night and leaving debris on the landing. In this case, you first need to contact your management company or attached to your home on bills. Any redevelopment, including the establishment of a new front door requires permission from the authorities in order to avoid various unpleasant consequences. And if your neighbors are going to break a bearing wall or put a door so that in the open position, it will interfere with normal movement on the General corridor, they face considerable penalties.
Are you tired of endless barking of a dog behind the wall? Pets your neighbors are constantly shitting in the stairwell? See the statement in its housing office. If that doesn't help, you can write the complaint in Rospotrebnadzor and ask examination. It is possible and in that case, if the tenants trash in the common areas. You can also write a statement the district, as pet owners are required by law to observe cleanliness in places of common use like staircase, lift, corridor, etc., Cannot be cats and dogs on the loggias, balconies and attics.
If the complaints to the district or management company is not conceived of his action, submit a complaint to the higher authorities, for example, the Deputy head of the OVD (internal Affairs Department) or the head of the UVD (Administration of internal Affairs). You can also contact magistrate's court.
Advice 4: Where to complain of the Prosecutor's office
Sometimes even those state structures, which are designed to protect the law, it also violated. If someone from the judicial system has abused their powers, violated the law against you, bring him to account. The law must be the same for everyone – for ordinary citizens, and for officials and for all others.
The court is eager to preserve their legal independence. Send a written complaint to the judge you can in the Panel of judges and the judicial Council. If your case is delayed, or a violation of the procedure of its conduct, the complaint will forward to the President of the court.
To appeal the decision of the Prosecutor's office will contact the parent unit (the district Prosecutor's office, regional Prosecutor's office) with a written complaint to the General Prosecutor of the Russian Federation. The Prosecutor's office you can also complain to the court.
Often the law – namely, the paragraphs of the Federal law "On enforcement proceedings" violate the bailiffs. Appeal against the actions of the police officer by filing a written statement to the senior bailiff. If the complaint is not properly responded or ignored it, unable to write the complaint to Management of Federal service of bailiffs. Or can it directly send to the office of the Chief bailiff.
On the Internet there are many sites where people post their complaints to the authorities. One such site is called "the Wrath of the People." His complaint to the prosecutors, to bailiffs, who broke Federal law, you can post on this website. Complaints and negative reviews on the Internet are a very effective informal method of settling their civil rights and freedoms.
The arbitrariness of the representatives of the judiciary, as well as their inactions, have to stop. And not always enough several complaints to the desired instance. The officials certainly not turned a blind eye to your complaint, do not ignore it, make it public. Sending a formal statement to the authorities tell on the Internet (for example, on the same site, "the anger of the People") about the arbitrariness of prosecutors and bailiffs.
Advice 5: How to start remodeling
Redevelopment of apartment is called the complex transfer or the demolition of load-bearing walls of the dwelling that does not comply with its official project. If you've decided to make alterations to the apartment in the first place it is necessary to legislate.
When you demolish and move any of the walls of the apartment or change doorways, all of these works are considered to be redevelopment. Before the start of work need to contact the city Bureau of technical inventory, which you will be able to know in what sequence it is necessary to conduct harmonization of redevelopment of your apartment.
Before conducting the matching procedure, you should ensure that your apartment was not carried out similar work. This is especially true for those who recently bought an apartment, because the previous owner could keep quiet about it. This is ordered in the BTI technical passport of the apartment and carried out the reconciliation plan in accordance with the specified in the floor plan. If there is no discrepancy, you can proceed to the next stage. In that case, if the apartment has already been made to the layout, it is necessary to legislate.
In addition to the technical passport of the apartment you will need a copy of legal documents that must be notarized. If the apartment was purchased the mortgage and the loan is not paid, will need the written permission of the Bank for redevelopment.
First, you will have to come to the inspector who will make all the necessary measurements. You need to make sure that the changes you plan to make, are consistent with sanitary, fire and building codes.
Then you need to contact the architect, it will be a flat plan view of transfer walls and other changes. Prepared project plan must be approved in according to the Bureau of technical inventory. After obtaining all the permissions you can start to work on the redesign of the apartment.
From illegal alterations has its negative sides. If you demolish a load-bearing wall, it can lead to tragic consequences, even to the collapse of the house. When you decide to privatize or sell an apartment, there will be that were made illegal alterations, you could be fined, moreover, you will be forced to return to the demolished wall and to dismantle the illegally erected.
When designing redevelopment project taken into account, which of their walls are load bearing and which are not. Called bearing walls, which hold the slabs, so they can not endure. Otherwise, the slab may collapse. The walls are made of concrete because they must withstand great strain. As a rule, interior wall one-bedroom apartments are not load-bearing, the wall of the foam also cannot be a carrier. Redevelopment of apartment in the panel house - a more complex project, since all the walls are concrete.