Rights registration to objects after replanning and reconstruction

Quite often, when after repairs in the premises it comes to selling them, it turns out that the necessary documentation for the premises/repairs has not been registered, without it one cannot sell an apartment, and its registration takes a lot of time.

Replanning and reconstruction: what is the difference?

There is a significant difference between replanning and reconstruction, which greatly affects the procedure for registering rights to the results of such works. Therefore, it is important to understand this difference before starting repairs in the premise.

Replanning is carrying out of works inside the premise, without changing any of its geometric dimensions and external characteristics.

Reconstruction is the restructuring of the commissioned premise, which includes a change in its geometric dimensions or functional purpose

Some examples of premise replanning:

  • increase of the living area without disturbing the bearing capital partitions and walls;
  • internal wall insulation;
  • combining the room and the balcony without expanding the openings, etc.

Therefore, the concept of replanning includes insignificant changes in the premise, but reconstruction is a larger-scale repair works, their result is a change in the main technical, economic and external characteristics of the premise. Reconstruction examples are:

  • combining two or more apartments into one;
  • building external insulation;
  • construction of an annex or non-residential premises (attic, corridor, storeroom).

To register the rights to the premise after the planning, a simplified procedure has been established – this implies that in order to register the rights, you just need to produce a new technical passport for the premise and apply to a state registrar/a notary.

The simplified procedure applies if:

  • the repair works did not affect engineering networks and bearing walls;
  • the size of the premise total area has not changed.

When applying to a state registrar/a notary for entering the data into the state register, you must provide the following documents:

  • the copy of the passport and ITN;
  • the old technical passport for the premise (if any);
  • the documents of title for the premise;
  • the new technical passport for the premise;
  • the engineer’s certificate – if the ratio of the total and the living area has changed;
  • the extract from the register of rights to real estate.

If the premise has two or more owners, all co-owners must participate in the rights registration.

Depending on the specific situation and the premise type, the procedure for registering rights to the premise after reconstruction may differ.

For example, when carrying out the repair works in the premise with intervention in the bearing structures, it will be necessary to go through the following process of rights registration:

Stage No. 1 – the drawing up of the architectural project: this is a document that contains an architectural justification for the premise shapes, the layout of windows and doors, bearing structures, etc.;

Stage No. 2 – the documents on architectural and technical supervision: this is the documentation that defines the architect and the engineer responsible for conducting technical supervision of your repair works;

Stage No. 3 – the registration of the notice of the construction works beginning in the architectural and construction inspection: in fact, this is the permit for carrying out of repair works;

Stage No. 4 – the development of the technical passport by a certified engineer;

Stage No. 5 – the carrying out of the repair works and the registration of the declaration on the premise commissioning in the architectural and construction inspection;

Stage No. 6 – the rights registration to the premise after reconstruction.

VigoLex team will be happy to provide you with legal assistance and help you register the rights to the premise after its replanning or reconstruction.

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