Consent of neighbors for redevelopment of an apartment: sample in writing, from residents, tenants

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Redevelopment of an apartment often affects the interests of neighbors on the landing, residents below or above. In such a situation, before starting repairs, you need to obtain the consent of your neighbors, since otherwise it will not be possible to legitimize the work performed (or obtain consent to carry it out). Read more about this in this article.

Is consent necessary?

Yes, consent is required. But this is not always the case, and much depends on what exactly the person plans to do, where he lives, what his special features are, and so on. A few basic examples where neighbor consent may be required:

Redevelopment of common areas . Most often this concerns the vestibule. This room will occupy part of the site and therefore may affect the interests of neighbors. As a result, in order to do everything according to the rules, you need to obtain the consent of your neighbors to carry out such work. It should be noted that the vestibule is often created through the efforts of several owners of different apartments. For example, they can completely isolate their apartments from the staircase landing, creating one common vestibule for several apartments. Such premises are used jointly, maintained collectively, and so on.
Combining an apartment with an attic/basement . First you need to remember that usually in the attic or basement there are general house communications, various equipment, and so on. If the owner plans to “take over” just such a premises, then he will not succeed. Even if there is the consent of the neighbors, regulatory authorities will not give the go-ahead for such redevelopment. The reason is very simple: equipment and communications must remain freely accessible to specialists. If the premises are not of particular importance from the point of view of maintaining the house, then they can, with the consent of the neighbors, be separated from the rest of the house and used for personal purposes. Often this requires purchasing part of the common space.
Relocating a bathroom . The main problem with such work is that the bathroom cannot be placed above the living space. As a result, if such redevelopment is still required, you must first obtain the consent of the neighbors below. At the same time, agreement alone will not be enough. In addition, it will be necessary to agree that the bathroom will be moved in parallel in several apartments at once, so that it does not end up above the living space. Alternatively, neighbors may give the go-ahead for moving the bathroom if, after its placement, it ends up above another non-residential premises. For example, a pantry.
Working with the facade of the house . Any type of work related to the facade, for example, expanding the balcony, creating a separate entrance to the room, changing the location or size of windows, and so on, must be carried out only with the consent of the neighbors.

Consent is required directly from the owners, regardless of whether they live in the apartment or not. If the neighbor-owner is a minor under the age of 14, then the parents/guardians sign instead. If a person is over 14, but has not yet reached the age of majority, he signs the consent himself, but in the presence and with the permission of his parents/guardians. Signatures of other relatives, tenants, etc. are not suitable.

Housemate Consent

The consent of housemates is required in all the cases described above and in many others where their interests are affected. This can be formalized either through a personal collection of consent from each co-owner of the apartment, or as part of a general building meeting. More on this below.

Consent of neighbors in a communal apartment

If it is necessary to carry out redevelopment in a communal apartment, slightly different rules apply. Formally, each room of a communal apartment is part of the entire apartment. As a result, the owners of each room are co-owners of the apartment as a whole. This means that any work on remodeling a room, regardless of whether it affects the interests of such neighbors or not, must be carried out only after obtaining consent.

Example: In a normal situation, moving or dismantling a non-load-bearing wall does not require consent from neighbors. But if the apartment is communal and the owner decided to divide one of the rooms into two separate rooms, the consent of each of the neighbors in the communal apartment will be required, but not the residents of other apartments in the same building.

Consent of the co-owners of the apartment

Any redevelopment in an ordinary apartment requires the consent of all co-owners, whether adults or minors. The general principles and features are similar to those described above. If at least one of the co-owners refuses to give consent, it will not be possible to approve the redevelopment.

Definition of concepts

Redevelopment of residential premises is divided into two types: simple, which is limited to minor changes in the residential premises, and complex. In this case, construction work affects the supporting structure of the entire building. The concept itself implies the process of changing the load-bearing wall and facade of an object. Such activities require obtaining appropriate permission.

Simple redevelopment involves carrying out work such as:

increasing or decreasing the area of the building’s interior when moving the interior partition;
replacing the front door;
moving the interior doorway;
installation of a plumbing unit in another location;
bathroom reconstruction and others.

The main thing in the redevelopment process is the owner’s attitude towards the rights and interests of neighbors. Under no circumstances should they be infringed upon. The interests of neighbors may be affected in the process of redevelopment of an apartment in a residential building or a room in a communal apartment.

If a citizen who wants to carry out redevelopment lives in a communal apartment, obtaining the consent of neighbors cannot be avoided.

How to obtain consent from neighbors

As mentioned above, there are two main ways to obtain consent:

Collection of consents from each neighbor . This option is relevant if the redevelopment affects only individual apartments and does not mean anything for all other residents of the building. The advantage is that you need to collect the consent of only individuals, but the disadvantage lies in the need to personally search for the owners, negotiate with them, agree on some concessions, and so on. Such consents are certified by a notary.
General house meeting . If the redevelopment concerns common property (for example, “taking over” the attic), a meeting of all residents is required. It is clear that it will not be possible to gather absolutely everyone; many such meetings are simply ignored, but the presence of at least 2/3 of the owners is required. And it is necessary that at least 51% of those who come agree to carry out the work. The minutes of the meeting are also notarized and can be used instead of separate consents.

In what cases is it required?

The consent of neighbors for redevelopment, as already mentioned, is not required in all cases. So we can highlight the situations in which it will be necessary:

If we are talking about redevelopment in a communal apartment;
In the event that the work affects common property;
If the apartment is municipal, then the consent of all persons registered in it will be required;
If redevelopment is planned on the ground floor of a multi-storey building, if we are talking about non-residential premises;
The management company, together with the contractor, must obtain consent when carrying out reconstruction of an apartment building and restoration work.

Info

rmation!

In fact, only in these cases will the consent of neighbors be necessary. In other situations, you will not need such a document to submit an application for redevelopment in the apartment.

Contents of consent

Consent is drawn up in free form. This document should contain the following information:

Full name of the applicant (the one asking for consent).
Registration address and apartment address.
Neighbor data.
A phrase about consent (something similar to “I give my consent to the redevelopment”).
Date and signature.

All of the above is relevant for ordinary consent, but not for the minutes of a meeting of residents. In the latter case, you must act in strict accordance with the law, including drawing up a protocol. This is usually done by the person in charge of the house or a person designated as such.

Landlord's statement of consent to carry out inseparable improvements to the leased property

between ___________________ and ___________________ a Lease Agreement was concluded for state (municipal) property N ____, namely: ______________________________, located at the address: (name of property) ________________________________________________. “__”___________ ____ ________________________________________ stated (name or full name.

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tenant) about the need to improve the leased property, namely: _____________________________________________.

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How to legitimize redevelopment using consent from neighbors

If you have the consent of your neighbors to redevelop an apartment located in an apartment building, it will be possible to coordinate the work or legitimize the repairs already completed. To do this, you will need to follow the instructions below.

Procedure

To approve or legitimize redevelopment, you need:

Prepare a redevelopment project. If small, simple work is planned, then the owner himself can draw up such a project (it is called a sketch), but most often a full-fledged project completed by specialists is required.
Collect other documents, including consent from neighbors.
Contact any branch of the MFC (My documents).
Fill out an application for approval of redevelopment and submit the remaining documents to the MFC manager.
Get a solution.
If the decision is positive and the repair has not yet been done, then it needs to be done.
After the renovation is completed, invite the admissions committee.
Receive an acceptance certificate.
Make changes to the technical passport.

If it is not approval that is required, but the legalization of an already completed redevelopment, then after obtaining consent, you can immediately change the technical passport. It should be taken into account that during legalization problems often arise and instead of consent, a refusal is issued. With such a refusal, you can try to go to court and defend your rights. In the latter case, in addition to all the documents listed below, you will need to provide a claim, a refusal from the MFC and a receipt for payment of the state fee. Amount of state duty: 300 rubles.

Documentation

To approve the redevelopment, the following documents are required:

Passport of the applicant and all co-owners.
Consent for redevelopment from all family members who are co-owners of the apartment.
Consents from housemates or minutes of a residents’ meeting.
Redevelopment project.
Registration certificate for the apartment.
Extract from the Unified State Register and title documents.
Power of attorney for the representative and his passport (if required).

Expenses

Costs that may arise during the approval of redevelopment:

Project design: from 10 thousand rubles. Most often the cost is above 30 thousand rubles. Much depends on the complexity of the project and the region of residence.
Notarization of consents of co-owners or neighbors: from 1 thousand rubles.
Registration of a fresh extract from the Unified State Register of Real Estate: 300 rubles.
Drawing up and certification of a power of attorney for a representative: from 2 thousand rubles.
Making changes to the technical passport: about 5 thousand rubles.

Deadlines

Approximate time frame for approval of redevelopment:

Project preparation: from 1 week. Most often 2-3 weeks or even several months.
Collection of consents from neighbors: from 1 day. In practice, this procedure can take from several weeks to several months.
Receiving an extract from the Unified State Register of Real Estate: about 3 days.
Waiting for a decision at the MFC: up to 45 days.
Making changes to the registration certificate: from 5 days.

The procedure for rearranging premises

In order to obtain approval for redevelopment, you need to contact the multifunctional center or local government authority. To do this, you will first need to order the services of a specialized design organization, which will develop an appropriate project for carrying out repair work. It is worth noting that it is better to check in advance whether the company has permission to carry out such work, since project activities are also quite strictly regulated by current legislation.

Next, you will need to draw up an application in accordance with the standard form and send it along with all the necessary documents to the multifunctional center or local government authority. After the applicant submits all the necessary documents, employees of the state body must provide him with a receipt confirming the acceptance of all documents by a representative of the authorized body.

Ultimately, you will need to wait for the expiration of the established period (no more than 45 days), after which you will receive the appropriate decision from the government agency and immediately begin the repair work.

Types of changes

Typically, the redevelopment procedure is divided into two categories - simple and complex.

The first group includes repair work, which ultimately leads to minor changes in the room, namely:

sealing unused doorways;
arrangement of new openings into which interior doors will be installed in the corresponding partitions;
complete dismantling or relocation of individual wall panels;
arrangement of new walls, if this does not involve the creation of additional loads on the floors.

All these types of work provide for the possibility of drawing up a standard sketch with subsequent changes to the floor plan.

Complex repair work involves a fairly serious reconstruction of the premises, including:

installing new doorways in load-bearing structures or moving existing ones to some other location;
combining several rooms into one;
partial removal of load-bearing structures;
combining several residential apartments into one room;
moving, combining or adjusting the dimensions of bathrooms, utility rooms or kitchens;
movement of electrical networks or any other communications.

In such a situation, in order to carry out redevelopment, you will first need to order an appropriate architectural project, without which it will simply be impossible to obtain approval from government agencies.

Responsibility and fine for illegal redevelopment

Illegal redevelopment is a serious problem. In some cases it is difficult to identify, but if the work affects the interests of neighbors, you can easily report such redevelopment. In such a situation, an inspection will be carried out, as a result of which a fine of up to 2,500 rubles will be imposed on the owner of the apartment with illegal redevelopment. He will also be required to bring the apartment into compliance with the technical passport.

Even if the owner pays the fine, but does not comply with the order (does not bring the housing into compliance with the registration certificate), the redevelopment will still remain illegal. Ultimately, such real estate will be seized and sold at auction.

It is very difficult to obtain consent and carry out redevelopment according to all the rules. At a free consultation, experienced lawyers will talk about the main features characteristic of such tasks. They can also represent the client’s interests when interacting with neighbors, applying to the MFC, or even in court, if it comes to it.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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