How to convert an attic into a living space. Attaching attics

Yuri Karlovich Pilchevsky

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The attic is a non-residential space that is located between the top floor and the roof of an apartment building. Its area is approximately equal to the area of ​​the apartment, and therefore, in order to increase its own residential meters, the landlord, whose housing is bordered by the ceiling with the attic space, has the right to purchase it for rent or ownership, and the privatization of the attic above the apartment is also possible. The Housing Code of the Russian Federation (Art. 36) says that the attic belongs to all owners of apartments in an apartment building in the order of common shared ownership. It is necessary to comply with the legal procedure for privatization and take into account the rights of other apartment owners.

Is it possible to privatize the attic above the apartment, what does the law say?

N 178-FZ "On the privatization of state and municipal property" dated 21.12.2001, the Law of the Russian Federation of 04.07.1991 N 1541-1 "On the privatization of the housing stock in the Russian Federation" explain the concept of privatization, give a general description of the process, and determine the regulatory framework. In addition to them, at the level of the constituent entities of Russia, their own laws are adopted, the provisions of which, however, should not diverge from federal norms. The existing jurisprudence, which is processed and set out in a thesis in the Resolution of the Plenum of the RF Armed Forces of 08.24.1993 N 8.

Privatization is the process of transferring ownership rights from the state (in particular, the municipality) to the citizen. You can become the owner of your own living quarters in this way only once. The transfer of law is documented by an agreement on the basis of which the citizen receives a certificate of law.

If several people are registered in the apartment, then they all have the right to participate in privatization. This is precisely the right, and therefore its owner can refuse to use it (how to refuse to privatize an apartment after privatization). The procedure is free of charge: paid only (for the entry of data by the registration authorities into the USRR).

The initiator of privatization can also spend money on bringing his own documents necessary to start the process in order:

  • refresh information,
  • to clarify the data of the registration certificate (earlier measurements were made using tape measures, and not a laser, as now, and therefore errors were allowed).

Or entrust the execution of the procedure to your representative, then it will add to the costs.

According to the provisions of the Civil and Housing Codes of the Russian Federation, an attic in an apartment building can be formalized through privatization. But, given the status of the common shared ownership of the attic space for all apartment owners in the house, certain conditions must be met.

An attic may be necessary to service not one, but several apartments in a given building, for which it will need to be provided with free access around the clock.

How to privatize the attic above your apartment?

The preparatory process before the privatization of the attic above your apartment will be the collection of the necessary documents. This also includes a request for an extract from the Unified State Register of Legal Entities on the existence of a valid ownership right: thanks to it, you can find out who owns the attic space and on what conditions. If there is already an owner, then such premises can be redeemed.

In addition, the attic can be used for lease or gratuitous (free) use. The last option is the most convenient and simplest possible, because its implementation requires the consent of not all apartment owners, but only two thirds.

You should also be aware that if a major overhaul is planned in the house, then a ban is imposed on the registration of the attic in the property.

One of the important and interesting points of privatization is its timing.

It is impossible to find out the exact terms, since, in addition to the documents and the established deadlines for their delivery to the customer (applicant), there are documents, the receipt of which may take six months or more (consent of the owners of residential premises). The repair of the attic space, as well as the elimination of defects identified during special examinations and inspections by services and departments, will also require time.

Where to go?

To find out about the presence of communal units in the attic, you should contact the following inspections:

  • Housing inspection;
  • Fire safety supervision;
  • Gas service;
  • Architectural department of local administration, etc.

It is better to start by visiting the last indicated department, since there you can order a technical project for the reconstruction of the attic. They will also prepare a special plan for inspection services.

For the privatization of the attic, the consent of the residents of the house is required.

Technical documents for the attic will be prepared at the BTI.

At the general meeting of the housing cooperative or HOA, it is required to obtain the written consent of all tenants of the house for the privatization of the attic by the applicant. This condition follows from the regime of common shared ownership of the given premises and is a necessary condition for the continuation of the process. This stage is the most difficult, and often privatization stops there.

Next, you should contact the housing committee, which will issue its permission for reorganization. Often there is a list of services with which you need to first agree on the reorganization (Ministry of Emergencies, gas service, etc.).

After the reconstruction, the attic is put into operation. Then changes are made to the technical documentation (BTI).

In reg. the body registers ownership.

Procedure

To obtain ownership of an attic space through privatization, you need:

  1. Clarify in the housing cooperative or HOA information regarding the overhaul of the house.
  2. Order a special technical inspection of the attic space, thanks to which it will be possible to find out about the possibility of registering it as property.
  3. Contact the department of the Ministry of Justice, MFC and order an extract from the USRR.
  4. Conduct a general meeting of homeowners and obtain their written consent (100% or two-thirds - depending on the goals). It is drawn up in a special act, which will then be transferred to the municipality.
    It is better to notify the tenants in advance (at least 10 days in advance). This will allow them to resolve their questions and persuade them to make a positive decision in advance and individually.
  5. Order a reconstruction project in a licensed organization (private or BTI).
  6. Visit the housing committee and inquire about the services from which consent is required. It is also here to check the compliance of the project with architectural norms.
  7. Alternate visits to the specified services and departments.
  8. Another visit to the housing committee and obtaining consent from there.
  9. If necessary - reconstruction of the attic.
  10. Contacting the BTI to make the appropriate changes to the technical documentation.
  11. Transfer of the collected package of documents to the registration authority or to the MFC.
  12. Obtaining a paper certificate of ownership. This item is optional, since all documentation is gradually being converted into electronic form. The information is entered into the Register, and then, if necessary (conducting a sale or other transaction for which confirmation of the owner's rights is required), an extract from there is punished. It has a short validity period and for each required confirmation you need to get it again.

Required documents

The list of required documents for each specific case varies, but the main and mandatory ones will be:

  • Documents for the living quarters located under the attic;
  • The result of the examination of the special commission, confirming the possibility of further privatization;
  • Specially formalized consent of all owners of residential premises of the building to carry out privatization;
  • Consent of the housing committee;
  • Renovation project;
  • Adjusted technical documentation.

Price

The costs of privatizing an attic space are individual in each case. Cadastral documentation is a priority and the cost will average from 50 to 160 thousand rubles (depending on the region of location).

If you resort to the professional services of a private licensed firm, then the price will increase by an order of magnitude, but in terms of time, often, you will not be able to win. In addition, if it is necessary to rebuild or repair the attic, their cost will also be included in the cost estimate. In one case, a small repair and reconstruction is enough, in the other, an impressive investment of funds will be required.

Is it possible to privatize an attic in an apartment building?

It is possible to privatize an attic space, but this will require an investment of significant time, financial resources, as well as personal persuasion and patience. Often for this reason, the registration is carried out not by the owners themselves, but by the lawyers hired by them.

For the privatization of the attic, a number of conditions must be met:

  1. This premises should not have been privatized by anyone before;
  2. It is not the exit point for engineering and communication units;
  3. The house is not included in the list of hazardous housing and is not in the queue for demolition;
  4. Other apartment owners from all over the house must agree to the privatization.

In the case when the attic space already has an owner, you can agree with him on the sale and purchase. Financial costs can be reimbursed later by renting out such premises. If a sale is not possible, a lease should be considered.

If the municipality turns out to be the owner of the premises, then it is possible to arrange the attic for free use.

Additional information on the procedure for attaching the attic space in this video:

Attic privatization is a very complex, time consuming and costly process. Its result does not completely depend on the initiator, because one of the main conditions for its implementation is to obtain the consent of all (or part) of the owners of the residential premises of the entire house. A lot of documents are required to be drawn up and bypassed by the authorities. But in the end, you can become the owner of an additional space above the apartment, which can be used for various purposes: from renting it out on a commercial lease to arranging the second floor of the apartment.

How to privatize an apartment in an emergency house read

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Converting an attic into a usable space with a nice finish can raise the value of your home by increasing the available floor space. If your home is not very large, it just doesn't have enough storage space or living space for your family, then renovating the attic will increase usable space without spending too much money. You can study the current building codes so that, after completing the insulation and wiring, you can use the attic not only as a storage room.

Steps

Part 1

Building codes

Obtain a home building permit. In order to ensure that the project is legal and that the regulations are being followed, an inspector should be invited after the completion of the design work and the necessary building permits obtained from the city authorities. As a rule, they are issued by the Housing Commission or the City Planning Department.

  • This point may not seem particularly important, but it should be understood that if you change your home without obtaining the necessary permits, then you may get into trouble with the law when you try to sell the house. Better to avoid the risk and get all the necessary paperwork.

Part 2

Insulation and wiring

  1. Removal of residual insulation materials. For cleaning the room from small debris, it is best to use a construction vacuum cleaner. An industrial air purifier can be rented while the job is being performed to reduce the chance of inhaling insulation residues that can be hazardous to health.

    Construction of rough flooring (if necessary). Many attics will require rough flooring. Cut the sub-floor panels to size and install them over the floor joists. Fix them to the beams with wood screws at a distance of 90 cm.

    Electrical wiring in the attic. Install the electrical wiring in the attic along the ceiling to the designated installation points for the lighting fixtures, leaving a 20 cm wire hanging down to connect the lamp. Run the wires to the locations of the outlets. As practice shows, at least 1 outlet must be installed for every 3 meters of the wall.

    • If you do not have experience in performing electrical work, then it is best to hire a specialist so that the final result meets or even exceeds current regulations.

  2. Installation of roll insulation. Strips and sheets of insulation should be cut exactly to the length of the groove between the uprights of the wall frame. Place them in place and attach to the posts through the paper using a staple gun. Insulate the floor in the same way by placing material between the floor joists. If you need more than two sheets to fill the recess, then make sure that they are located end-to-end.

  3. Installation of drywall over wall insulation. Using self-tapping screws, fix the 122 x 244 cm drywall sheets to the walls (the distance between the screws is 20 cm). To fill in the remaining areas, you need to cut out suitable small pieces of plasterboard.

    • Apply sealing tape to all seams, then apply putty over the tape. Apply it in a thick layer, then remove excess with the edge of the trowel. The putty must dry before proceeding.

Part 3

Completion of repair work

  1. Priming and painting of walls. New drywall may require 2-3 coats of primer or paint. Before wallpapering or other wall decoration, a coat of primer should be applied to create a suitable level surface.

    • To visually increase the space of a small attic, most often the walls are painted with white paint. If you are not intimidated by the prospect of frequent cleaning of the walls, then feel free to choose a pleasant white shade and general color scheme for your room.

Residents of the last floors of residential buildings can increase their living space due to the non-residential attic space located above their apartment.

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).

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

The owner of the apartment on the top floor of the house can attach an attic space to his apartment.

Attaching the attic space can be carried out in two ways: with the registration of the attic space in the ownership and without registration (on the basis of lease or free use). 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 qualitative composition of HOA members or owners of residential premises in an apartment building, the presence of formalized rights to shared ownership and land, etc.

The process of registering an attic above an apartment in ownership is quite laborious and takes a long period of time, and also requires significant financial costs.

In accordance with Art. 36 of the Housing Code, the attic is the common shared property of all owners of residential premises in an apartment building. In accordance with the same rule, the attic is disposed of in accordance with the procedure established by law with the consent of the owners of residential premises in an apartment building.

The owners can agree to perform 2 types of actions with the attic:

  • 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 decrease in common ownership.

From what decision all the owners of residential premises make, it will depend on which way of developing the attic space is worth going.

Stages of attaching the attic

The method for obtaining an 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, HOAs or housing cooperatives;

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

  • reconstruction of the attic;

  • obtaining an act on the carried out reorganization;

  • amendments to the lease agreement and registration of such changes.

These actions are regulated by the 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."

The second method is more beneficial for the client, but more time consuming and expensive. In this case, the attic space is transferred to the Client's ownership.

In this case, the scheme is as follows:

  • adoption of a unanimous decision by all owners of residential premises for reconstruction;

  • obtaining by owners of residential premises, homeowners' associations, housing cooperatives permission for reconstruction;

  • construction and installation work and subsequent commissioning of the reconstruction results;

  • modification of technical and other documentation;

  • transfer of the attic space to the client and registration of ownership of the attic space.

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 conditions for the performance of the above procedures are the presence of registered share ownership rights and regulated land relations.

Attic Attachment Specialists will provide qualified assistance as soon as possible. We have extensive experience in cooperation with all institutions, on which the decision-making on the registration of attics above the apartment in ownership depends.

The city authorities have resumed the fight against the construction of illegal attics. The lawyers told RBC-Real Estate what documents need to be prepared and agreed with government agencies for the construction of superstructures, as well as how to legalize the already existing attic.

Photo: globallookpress / CHROMORANGE / Bilderbox

The construction of an attic can improve the living conditions of homeowners or generate income for commercial organizations. However, for this, it is necessary to clearly understand the legal procedures that allow this to be done either before the start of construction, or after an unauthorized increase in areas has been made. In addition, the legislation has a number of restrictions that prevent the legality of the superstructure from being recognized. Lawyers advised the RBC Real Estate project on how to behave in all of the above cases.

How to prepare documents for the construction of an attic

According to Ivan Gritsenko, partner of the CMS company, the construction of the attic is, in fact, the reconstruction of the building, since the number of floors increases and its height changes. The Urban Planning Code unambiguously says that the superstructure of a building is a reconstruction. To implement it, it is necessary to develop project documentation and agree on it in the manner prescribed by law. From a legal point of view, the procedure for obtaining a reconstruction permit is comparable to obtaining a building permit.


Photo: depositphotos.com/davincidig

"To legitimize the attic, it is necessary to draw up a project plan for the added floor. After it is approved by the customer, it must be submitted for approval and approval to the prefectural authorities - the administrative and technical inspection, the committee for urban planning and architecture, if the building is located in a security zone or refers to architectural monuments, - to the cultural heritage protection authorities, where it is necessary to obtain permission to carry out reconstruction. For this, you need to collect all possible documents that you will be asked to present. Visit the housing office, BTI, sanitary and epidemiological station and tell them about your intentions ", - advises the lawyer Andrey Komissarov from the Komissarov and Partners Bar Association.

Legalization of the constructed attic

There is no direct prohibition in the legislation on the construction of attics in residential buildings and commercial facilities in Moscow. There is also no prohibition on legitimizing an already erected attic. This applies to both ordinary buildings and architectural monuments. Although with architectural monuments, everything is much more complicated. All changes related to monuments are subject to protection obligations. The owner of the building (or the tenant) has the option to add an attic only if the historic building once had such a superstructure. At the same time, the option with a new attic should fully correspond to the historical view, says Anna Mishechkina, head of the department for reconciliation of redevelopments of the consulting company.

However, as Anna Mishechkina notes, now the authorities (Moskomarkhitektura and Moszhilinspektsiya), authorized to approve the already erected superstructures or those that can be erected even on ordinary buildings, refuse to do so. “Perhaps this is due to the fact that some Muscovites are against superstructures, and representatives of the authorities do not want to enter into conflict relations immediately after the elections,” she comments.

How the court can help

According to lawyer Andrei Komissarov, for the procedure of "legalization" of unauthorized construction, it is necessary to apply to the court with a statement of claim for the recognition of ownership (world, regional) at the address of the land plot. A number of documents must be attached to the claim, including: confirming the ownership or other right to the land plot; confirming the presence of unauthorized construction on the site (inspection certificate, documents from the BTI). You also need to attach documents confirming that during the construction of the building there were no significant violations of town planning and building codes and regulations, that the building does not pose a threat to the life and health of citizens, does not violate the rights and legally protected interests of others.

Prohibition on registration of attics in ownership


Photo: depositphotos.com/ pingvin121674

If an individual or legal entity does not own the site, then it is impossible to legalize the superstructure. This is evidenced by Art. 222 of the Civil Code of the Russian Federation. In addition, the recognition of ownership of an unauthorized building is impossible if its preservation violates the rights or poses a threat to the life or health of third parties, for example, neighbors, says Ivan Gritsenko.

Recall that the Moscow authorities have resumed the fight against illegally constructed buildings, including through the courts. Thus, in relation to three addresses, the district courts ruled to demolish them. These are two houses on Novoslobodskaya street, 62 and 4/19, building 1 and building 3a, building 2 on Bolshoy Zlatoustinsky lane. Also, the Department of Urban Development Policy of Moscow reports that cases at two more addresses are currently pending in the courts. In addition, the city authorities have prepared a set of documents for going to court at 20 more addresses of illegally erected attics on the roofs of residential buildings in the Central District. Attic objects of unauthorized construction were identified on Sretensky Boulevard, Myasnitskaya Street, Bolshaya Ordynka, in Bolshoy Trekhgorny and Kolokolnikovy lanes, on Frunzenskaya embankment.

The fight of the Moscow City Heritage Site against illegal extensions


During 2014. dismantled illegal attic at Pasternak's house in Oruzheyny lane, 3, building 1., the area of ​​which was 385 square meters. m. There is a Japanese cafe and a French pancake house, and the building itself appeared back in 2002. For the dismantling and restoration of the roof, the owners of the superstructure will have to pay the city 5 million rubles.

The object of cultural heritage of regional significance "Ensemble of profitable buildings, XVIII-XIX centuries. - Residential building with benches, 1821, 1836" at the address: Pokrovka Street, 6, was overbuilt with an attic, the permission documentation for the construction of which on the monument of history and culture was not issued by the Moscow City Heritage Site.


Illegal redevelopment grossly distorted the historical appearance and volume of the building, which led to a violation of the town-planning characteristics of the cultural heritage site and to a violation of the historically established development front on Pokrovka Street. In 2013. the superstructure was declared unauthorized, and the owners were obliged to restore the historical appearance at their own expense.

One of the unscrupulous users of the facility expressed his readiness to demolish the said attic at his own expense. He was informed by the Moscow City Heritage Site about the procedure for carrying out these works, and on August 22, 2014. the owner has submitted for approval to the Moscow City Heritage Site the constructive section of the project for the adaptation for modern use and the project for dismantling the existing modern roof. September 12, 2014 the above documentation has been approved by the Moscow City Heritage Site.


Another cultural heritage site "Residential House of Glavsevmorput" (known as the "House of Polar Explorers") on Nikitsky Boulevard, 7b, was built on a residential attic by the owner of one of the apartments without obtaining permits. As a result of construction work, the integrity of the perception of the monument has been distorted and gross damage has been caused to the object of cultural heritage. It should be noted that the "House of Polar Explorers" is one of the iconic samples of the Stalinist Empire style. As a result of the appeal of the Department of Cultural Heritage to the Presnensky District Court of the city of Moscow, the erected attic was declared illegal, and the owner is obliged to carry out its demolition at his own expense.

Elena Lykova

Coordination of attaching attics / technical floors is regulated by:

  • The Urban Planning Code of the Russian Federation;
  • Housing Code of the Russian Federation

Attic- the space between the roof structures (outer walls) and the ceiling of the upper floor.

Mansard floor- a floor in an attic space, the facade of which is fully or partially formed by the surface (surfaces) of an inclined or sloping roof, while the line of intersection of the plane of the roof and the facade should be at a height of no more than 1.5 m from the floor level of the attic floor.

Technical floor- a floor for placing engineering equipment and laying communications. It can be located in the lower (technical underground), upper (technical attic) or in the middle of the building.

According to the Housing Code (Art. 36):

1. The owners of premises in an apartment building own, on the basis of common share ownership, common property in an apartment building, namely:

1) premises in this house that are not part of apartments and are intended to serve more than one room in this house, including inter-apartment staircases, staircases, elevators, elevator and other shafts, corridors, technical floors, attics, basements, in which there are utilities, other equipment serving more than one room in this house (technical basements) ...

4) the land plot on which this house is located, with elements of landscaping and improvement, other objects intended for maintenance, operation and improvement of this house and located on the specified land plot ...

3. Reducing the size of common property in an apartment building is possible only with the consent of all owners of premises in this building by means of its reconstruction

According to the Town Planning Code:

reconstruction of capital construction facilities (excluding linear facilities) - changing the parameters of a capital construction facility, its parts (height, number of floors, area, volume), including superstructure, reconstruction, expansion of a capital construction facility, as well as replacement and (or) restoration bearing building structures of a capital construction object, with the exception of replacing individual elements of such structures with similar or other elements that improve the performance of such structures and (or) restoration of these elements

Prerequisites for joining the attic / technical floor to the apartment:

  • the apartment should be located on the top floor;
  • the apartment must be owned;
  • there must be the technical feasibility of reconstructing the attic / technical floor;
  • engineering equipment and communications must be removed from the connected territory or unhindered access to this equipment must be provided.

Currently, there are two options for attaching attics / technical floors:

  1. Through reconstruction
  2. By leasing or using free of charge.

The pros and cons of each option.

Option 1

"PROS"

  • You get the attic / technical floor as your property

"MINUSES"

  • The consent of all homeowners in the building is required, including the municipality (DIGM of Moscow), if there is municipal housing;
  • Price:
    • Obtaining permission for reconstruction, including all the necessary project documentation, is not cheap at all;
    • Repair and construction work on reconstruction;
    • In some cases, in order to obtain the consent of all homeowners, residents can determine either compensation payments or the improvement of common property;
    • Decorating an attic / technical floor is also not a free pleasure.
  • Timing:
    • Ownership of the attic / technical floor is issued only upon completion of repair and construction work and after the facility has been put into operation. From the moment of obtaining the consent of the owners - about 1.5 - 2 years.

Option 2

"PROS"

  • Quickly

"MINUSES"

  • Not property (rent or gratuitous use);
  • The consent of 2/3 of homeowners in the building is required, including the municipality (DIGM of Moscow), if there is municipal housing;
  • Price:
    • Rent;
    • Compensation payments to owners, or improvement of common property;
    • Attic / technical floor remodeling decoration.

We can offer you THIRD option. COME!