What can not be changed in the apartment without special permission

"Why should he shoot if I don't want to?"

The Constitutional Court examined how the issue of “use and protection of the image of a citizen” is regulated in civil law. The case was considered at the request of the public council under the Ministry of Internal Affairs and the Belarusian Republican Bar Association. As a result, we came to the conclusion that it is worth amending the Civil Code.

In the appeal of the Bar Association to the Constitutional Court, it was stated that today “the dissemination of images of citizens made by means of photography and video filming in the media and the global computer network Internet in a number of cases is associated with a violation of their rights and legitimate interests. The use of an image of a citizen without the consent of the person depicted is an invasion of his private life, as well as a violation of the right to personal secrecy.

The Public Council under the Ministry of Internal Affairs noted that it is necessary to ensure such a right, including for employees of the internal affairs bodies and military personnel of the internal troops on duty.

The Constitutional Court explained to TUT.BY that, having studied the issue, they came to the conclusion that the problem really exists. And their decision on this issue was sent to the Council of Ministers.

- It is proposed to prepare a draft law and submit it to the House of Representatives. The Council of Ministers will implement this decision, study additional practice, request the opinion of interested government agencies, they noted.

The Belarusian Republican Bar Association declined to comment on the initiative.

The photograph is illustrative. Zamirovsky, TUT.BY

Deputy, Deputy Chairman of the Permanent Commission of the House of Representatives of the National Assembly of Belarus on Health, Physical Culture, Family and Youth Policy Vadim Devyatovsky expressed his opinion on the initiative. He is also a member of the public council under the Ministry of Internal Affairs.

He said that the question did not arise from scratch: some deliberately provoke employees of the internal affairs bodies, film them and show them in an unsightly light.

- We know about cases when a person clearly violates the order and simply provokes an employee of the Ministry of Internal Affairs at the workplace to take some action. Films it, and then publishes footage in an unsightly way, pulling something out of context. And this can discredit a person. Imagine that an employee of the Ministry of Internal Affairs lives in a small town. Someone took it, began to provoke him and began to film in the line of duty. At the same time, the employee of the Ministry of Internal Affairs behaves culturally and politely, and the person who removes him behaves in a boorish way. Today, such issues are not regulated by law.

But we have the concept of personal integrity, family secrets, business reputation ... This is all very important. At the same time, this issue should be regulated in general, and not only for employees of the Ministry of Internal Affairs.

After all, a person may not want to be filmed in the park, walking with his son. This is his private life, - said Vadim Devyatovsky.

According to him, it is not yet clear what specific norm may appear in the Civil Code, but already now he proposes to organize a round table on this issue in Parliament. And to invite all those interested, including public associations and journalists.

- There is a question. I think he has matured. Today, many people have phones with cameras, and a person can pry into the privacy of another person. And why should he film if I don't want to be filmed? MP asks

“Today it is important that this initiative be discussed at the parliamentary platform. Let professionals who know foreign experience and the legislation of other countries join

In many countries these issues are regulated. And now we have such a situation. After all, often there is a provocation and discrediting of people.And the person who shoots the task is not to protect the truth, but to undermine the reputation, pull it out of context and make stuffing that will discredit the person. And then this person has to live with it.

The photograph is illustrative. Vasyukovich, TUT.BY

According to Vadim Devyatovsky, in this situation, the rights of journalists to collect information will also be taken into account.

We will separate professional and non-professional activities. After all, when a journalist writes, he is responsible for his words. And it's a completely different matter when anonymous comments appear on the forum that deliberately discredit a person, they turn into personalities. All this must be separated.

According to Vadim Devyatovsky, the discussion of the issue of the use and protection of images of citizens will begin "in the very near future."

New

The redevelopment legislation has not received any global changes this year. Innovations in the coordination of the reconstruction were:

• The applicant has the right not to submit a registration certificate and an expert opinion of the service involved in the protection of cultural and architectural monuments;
• If the right to an apartment undergoing alteration is registered in the USRR, then it is not necessary to submit documents confirming such powers.

It should be noted that in addition to the judicial decision on the issue of illegal redevelopment, it is possible to legalize unauthorized repairs through an administrative procedure established by the local municipality. It consists in issuing permits for the implementation of reconstruction work. But this is possible only if the necessary approvals of the relevant services and the conclusion of experts are obtained.

Bearing wall and redevelopment

An opening in a load-bearing wall during redevelopment is a very common type of repair. The desire to combine, for example, a kitchen and a room, thereby increasing the area of ​​\u200b\u200bthe bathroom, arises among many owners.

Such work requires the mandatory development of a technical report, since illiterate involvement of load-bearing structures can lead to an emergency condition of a wall, apartment, and even a house.

After opening the opening, in most cases it is required to strengthen it (an exception may be, for example, apartments with specially organized project niches there).

During redevelopment, the demolition of the load-bearing wall is strictly prohibited. If you nevertheless carried out such a demolition inconsistently or made an opening in the bearing wall without a technical specification and larger than allowed, then you will have to pay a fine and return the wall to its original form at your own expense.

So, coordination of the redevelopment of load-bearing walls, if it is required to cut an opening, is possible, as well as any permitted redevelopment of an apartment without demolition of load-bearing walls is possible.

Remodeling of non-load-bearing walls

As everyone knows, in addition to load-bearing walls, there are non-bearing partitions in the apartment. In most cases, redevelopment in an apartment of non-load-bearing walls is allowed.

If you have a question about whether it is necessary to coordinate the redevelopment of non-load-bearing walls, the answer will be positive, since the dismantling or changing of any non-load-bearing partition is a change in the original layout of the apartment, prescribed in the data sheet.

And, again, if you did an uncoordinated redevelopment affecting a non-load-bearing partition, then it is necessary to legitimize the redevelopment of a non-load-bearing wall. Therefore, if you need to carry out any work with non-load-bearing walls, then coordination of such redevelopment is required.

Such dismantling of walls during redevelopment is done to increase the area of ​​\u200b\u200bliving rooms, to combine rooms. Many tenants, through such redevelopment of the walls in the apartment, turn the room into a kind of studio. But it is worth noting that such a redevelopment of the walls in a panel house will be quite problematic because most of the walls of panel houses are carriers.

In addition to the dismantling of non-load-bearing walls, the construction of new ones is also possible. Such a redevelopment of the walls in an apartment is often carried out for the construction of a vestibule, wardrobes, for breaking up a room and separating the working and leisure areas in the room.

Installation diagram example partitions in the redevelopment project:

Coordination of redevelopment of walls

Coordination of the redevelopment of the walls in the apartment is a mandatory procedure. Did you need to move the door in the wall during redevelopment, or do you need redevelopment of the main walls - in any case, you need to go through the approval procedure.

As with any such repair, the redevelopment of the walls in the apartment is coordinated gradually, visiting the necessary authorities (BTI, the author of the house project, design organizations, and so on), collecting a set of documents (for ownership, applications, permissions from the necessary organizations, technical passport of the premises, project redevelopment, etc.) and obtaining permission from the Moscow Housing Inspection. When redevelopment of load-bearing walls, it is necessary to develop a technical opinion from the author of the house project.

Law

The implementation of redevelopment and reorganization is subject to many legislative acts. Some of them define the general rules for conducting procedures. Others indicate specific actions that are allowed or prohibited.

The main documents include the following:

• Urban Planning Code of the Russian Federation - chapters 2, 3, 6, 8;
• Housing Code of the Russian Federation - Chapter 4, Art. 25-29;
• Code of Administrative Offenses - art. 7.21 and Art. 7.22;
• Civil Code of the Russian Federation - Art. 290, 304, 305;
• Federal Law on redevelopment of 2020;
• SNiP - No. 2.08.01-89, 31-01-2003, 3.03.01-87, 2.08.01-89;
• SanPiN - No. 2..1.2..2645-10;
• Decree of the Gosstroy of the Russian Federation - dated 2003, No. 170.

There are also regional acts.

So, if the place of redevelopment is the city of Moscow, then the process will take place in accordance with Decree of the Government of Moscow No. 508 dated 10/25/11 as amended by No. 840.

Redevelopment of the apartment: we understand the types

Types of redevelopment of the apartment
1. Redevelopment that does not require special permission.
Associated with a minor change, embedding or elimination of plumbing fixtures, heated towel rails, gas equipment, built-in cabinets, batteries and sockets. This also includes glazing a balcony, moving a toilet or dividing a bathroom with a non-main partition - in this case, it is not required to make changes to housing documents.
2. Legal redevelopment, involving the mandatory approval of changes.
For example, installed or liquidated interior partitions, even if they are not load-bearing, already significantly violate the original plan of the premises, change the number and location of rooms, and therefore require special permission from the authorized bodies. Such changes will be called legal.
3. Illegal redevelopment.
Cases where the owner did not receive permission for major changes in the plan of the apartment, or the agreement was not properly legalized due to changes that grossly violate housing standards. An example is the installation of underfloor heating using heat and water supply systems, the construction of a fireplace in a panel house, the transfer of a battery to a glazed balcony, the location of a kitchen or bathroom in one riser with living rooms from neighbors, as well as the combination of a living room and kitchen with gas equipment, the construction in the bearing walls of arches, niches, openings.
Unauthorized changes are eliminated during the sale, or a redevelopment approval procedure is carried out by the new or old owner. Otherwise, the owner pays the fine established by law - and is still obliged to eliminate the changes made.
Even if you have nothing to do with it at all, you inherited an apartment from your grandmother, did not participate in any way in the transfer of the gas stove, and this was even before your birth - becoming a new owner of housing, you are obliged to legalize the changes. For this reason, you should not buy problem rooms for your hard-earned money - in order to avoid high expenses. Better look longer, in another area, but clean and completely legal living space.

What redevelopment of residential premises does not require approval

• minor or simple reorganization;
• significant, requiring a significant amount of work.

The second repair option will need to be agreed with the Housing Commission. This includes work in the technical rooms of the house, installation of equipment that affects the position of other residents. Also, any work with load-bearing walls, public land (house territory). The extension of balconies and loggias must also be legalized, including the installation of heating systems on them.

1. Simple renovation in the apartment. Cosmetic changes: wallpaper re-gluing, other wall decoration, re-laying floors, replacing doors and windows, cladding balconies from the inside, glazing loggias and balconies (provided that the exterior of the building does not change), replacing plumbing, steam heating elements, kitchen stoves, speakers. Installation of air conditioning systems, antennas.
2. Installation and transfer, as well as laying of doorways in the walls inside the premises (excluding inter-apartment and load-bearing).
3. Demolition and installation of additional partitions in the apartment, if the total load on the floor between floors does not change.
4. Replacement of plumbing, including the installation of a shower cabin instead of a bathtub.
5. Moving the electric stove within the kitchen.
6. Installation of a partition (tambour) on the landing.

General provisions of the law on video filming in public places

The situation is such that in Russian legislation there is no independent act on the ban on video filming. Being in crowded places, citizens should be aware that they can be in the lens of a video camera every second, and this will not be considered a violation of their right to privacy. But the fact that the law on the prohibition of video filming without consent or its permission is not formalized separately does not mean that there are no other tools in the legislative code to regulate this process. At the moment, amateur cameramen or photographers can resort to Article 29 of the Constitution of the Russian Federation, which states that each person can produce and obtain information using improvised means in any crowded places.

Another act regulating the provisions on video filming in public places can be considered the Federal Law “On Information, Information Technologies and Information Protection” N 149-FZ (07/27/2006). The latest version of this law was made on November 25, 2017. In paragraph 1 of Art. 7 of the law states that information that does not have restrictions on their access has the status of publicly available. This, as emphasized in paragraph 2, entitles any person to freely use such information, subject to appropriate restrictions. An obstruction to filming and directly physical aggression towards its initiator will be perceived as a violation of law and order.

When is video filming of officials allowed?

There are situations when ordinary citizens try to capture public service employees on video. In particular, the motive may be abuse of power, incorrect behavior, violation of the rights of a civilian, or any other reasons. Often, ordinary citizens fear that they themselves may be held accountable for such actions. However, there is no real cause for concern: it has been established that an official cannot prevent video filming with his participation in a public place. The use of force against the person conducting the filming is considered arbitrariness and can be recorded as an administrative offense in accordance with Article 19.1 of the Code of the Russian Federation of the Administrative Offenses.

If during such actions the initiator of the video filming was harmed, then the violator can be held criminally liable under Article 330 of the Criminal Code.In addition, if the initiator tried to capture the commission of an offense by an official, then the obstruction of video filming can be considered as unlawful interference in the course of the investigation. This thesis is reflected in Art. 3 FZ 273 "On Combating Corruption".

Decree of the President of the Russian Federation No. 2234 “On Additional Guarantees of the Rights of Citizens to Information” (December 31, 1993) can be considered another legislative act confirming the right of citizens to film officials on duty. According to paragraph 3 of this law, the activities of officials and state institutions of power, state-owned enterprises and institutions are subject to the principles of openness in matters of information. The situation regarding video filming of employees of the Ministry of Internal Affairs and the traffic police is reflected in Federal Law 149 "On Information, Information Technologies and Information Protection". The law confirms that representatives of these services cannot object to the recording of audio, photo and video materials by drivers and passengers of cars and pedestrians.

The content of the law on video filming of individuals

Any citizen visiting public places can be captured on surveillance cameras or in the course of another filming process. His personal consent is not required. The Constitution of the Russian Federation allows filming in public places, whether it is amateur or professional video filming. Both media representatives and ordinary citizens can act as authors of the video (media law here :). Video and photographic materials obtained during filming in public places cannot be considered a violation of the right to privacy. The author of the shooting, who made and published a photo or video without the permission of the persons depicted on them, will not be held liable in the face of the law.Measures of the law will not be applied to him even if the shooting was carried out in order to cause moral damage to the person captured on the video. Proving the latter will be extremely difficult.

There is no veto for filming in cultural institutions and visitors unless they are for commercial gain. Photographing and filming minors in a public place is not prohibited by law.

What are the risks of illegal redevelopment

According to Article 29 of the Housing Code of the Russian Federation, illegal redevelopment after an examination by BTI specialists has two possible ways to resolve it:

1. If there is no threat of destruction of the building and the rights of neighbors are not violated, then the owner of the apartment must pay a fine, start the procedure for completing the repair work already carried out and re-register technical documents. (Penalties in accordance with the Code of Administrative Offenses, article 7.21, paragraph 2, will be from 2,000 to 2,500 rubles.)
2. If there are significant structural violations, then by decision of the court, the citizen who carried out the illegal redevelopment is obliged to give the premises its original appearance within the time specified by the judicial authority. If this order is not followed:
   • privatized apartment put up for auction. The proceeds are returned to the owner, receiving funds from it for restoration work.
   • the contract of social employment is terminated with tenants. Repairs to the premises to restore the previous type are assigned to the owner of the housing - the municipality.

House building permit

In accordance with current legislation, the owner of the site planning the construction may have two situations: when it is possible to do without a permit and when it is necessary.

What is

What is a document for a building permit is described in detail in the Town Planning Code. This is a decision of the authorized bodies, which confirms that the project documentation provided by the developer complies with the urban planning regulations and other standards in force on the territory of the land plot where the development is planned.

Once the permit is obtained, the applicant is entitled to carry out the planned construction or renovation capital construction object (Article 51 of the Civil Code of the Russian Federation).

Do I need to get a building permit in 2019?

Current regulations provide for cases when obtaining official permission to build a house is not required. For this, it is necessary that the future dwelling be an object of individual housing construction. (subclause 2, clause 17, article 51 of the Civil Code of the Russian Federation). These parameters are spelled out in paragraph 39 of Art. 1 code. The main criteria for the house are as follows:

• have no more than 3 floors;
• be no higher than 20 meters;
• not be intended to be divided into separate real estate objects

To start the construction of such a house, it is enough to send a written notification of the planned work to the authorized body (local municipality, administration of the subject of the Russian Federation). The document must contain the technical parameters of the IZHS object.

If the planned construction for some parameters exceeds the established limits, the developer will have to resort to the classical scheme of obtaining a building permit.

Required documents

A simplified procedure (receiving a notification) does not require complex actions and a wide package of documents. List of documents:

1. Documents confirming the right to own a land plot (if the rights to it are not registered in the USRN).
2. The notice of planned work itself, which contains:
   • personal data of the developer (name, address, passport data);
   • cadastral number of the land plot intended for construction;
   • information on the type of permitted use of the land plot;
   • a detailed description of the future house (number of floors, height, area, schematic representation of the building). It is also required to indicate data on indents from the boundaries of the land plot;
   • confirmation that the building will not be multi-apartment, that is, it is not intended to be divided into independent real estate objects;
   • data for feedback with the applicant (postal and/or e-mail address).

How to receive

Step 1. Sending a notification to the appropriate authority. It can be:

• department of urban planning and architecture of the local municipality;
• administration of a constituent entity of the Russian Federation (if the site is located simultaneously on the territory of two different settlements).

You can send a notification:

• personal visit;
• by registered mail
• using the services of the MFC.

Step 2. Within 7 working days, the object will be checked for compliance with the established urban planning standards.

Step 3. In case of a positive decision, the applicant will receive a notification of project approval. The document is valid for 10 years.

If the object does not fall under the criteria of IZHS

If the planned building does not meet the criteria for an individual housing project, a classic building permit must be obtained.

To do this, you will need to submit an application for a permit to the authorized body (local government, regional administration) or through the MFC. The following documents are attached to the application:

• documents confirming the ownership of the land;
• town-planning plan of the land plot;
• planned building project. It is a detailed plan of the site with all the buildings. The plan should also include engineering communications, artificial reservoirs, etc.;
• plan of the boundaries of the site (internal and external).

The authorized body within 7 days checks the submitted documents, as well as the project itself for compliance with the regulations. A building permit is issued for a period of 10 years.

redevelopment project

When intervening in engineering networks or supporting structures of housing, it is necessary to submit a project for the implementation of such work.

In addition, ready-made standard projects can be approved by the Housing Inspectorate.

The main regulations that establish the requirements for the implementation of major repairs are GOST 21.501-93, GOST 21.101-97 and the Town Planning Code of the Russian Federation.

Required approvals:

• the project is subject to agreement with the Ministry of Emergency Situations, architecture and the center of hygiene and epidemiology, must contain decisions: on planning, design and architecture;
• on the design of engineering systems and their functioning;
• on environmental protection;
• to comply with fire prevention measures.

Drawing up a project is not necessary if there are no changes in the load-bearing structures of residential premises and while maintaining the purpose of housing premises.

What the Law Says

Questions about the reconstruction of residential property are fully stipulated in Articles 25 and 26 of the current Housing Code of the Russian Federation. This normative act presents all concepts, and also determines the current amount of penalties in the event of offenses in the course of work.

Also, all citizens interested in redevelopment can familiarize themselves with the applicable procedure for obtaining documentary permission to start relevant profile activities.

Any major capital changes involve operations with load-bearing elements and floor space, which, in turn, requires prior approval and permission from the interdepartmental commission at the architectural department of the municipality.

Possible problems of illegal redevelopment

In the presence of an illegal (uncoordinated) redevelopment, a fine in the amount of 2-2.5 thousand rubles will be imposed on the owner of the housing. At the same time, the owner will receive an order to bring the premises in line with the registration certificate. Even at this stage, it is still possible to solve the problem through the court (legitimize). As a result, a new registration certificate will be obtained, which will correspond to the new redevelopment and, formally, the prescription will be executed.

Coordination or legalization of redevelopment is an expensive, lengthy and complex task. However, it is still better than losing an apartment due to such a violation. At a free consultation, experienced lawyers will talk about the main features. They can also act as representatives of the client both when applying to the MFC and in court.

Buying and selling an apartment with "alterations": recommendations

Before buying an apartment you need to conduct an examination

When purchasing an apartment with redevelopment, you should understand whether it was carried out legally or was done without permission. For this, an examination is carried out, which is ordered from the BTI. If it turns out that the paperwork for the repair work has not been done, then it is better to refuse such an acquisition. Otherwise, you will have to spend a lot of effort, time and money to legalize the existing alterations of the apartment.

It is difficult to sell an apartment with illegal redevelopment, since real estate in such a situation does not have a valid cadastral passport, which will negatively affect the price for the seller. The new owner will have to deal with its design. Additional costs and time will be required. Therefore, when buying such an apartment, he will request a significant discount.

Before redevelopment, you should find out what work is allowed to be carried out and what is strictly prohibited. The procedure for coordinating the planned repair activities is the responsibility of the owner. All costs necessary for its commission are borne by him. The process of registration takes place in several stages: development of a project (sketch), collection of documents, obtaining permission. After the completion of the repair work, he signs an agreement on approval. All real estate documents are re-registered.

Conclusion

So, you have learned whether it is worth legitimizing changes in redevelopment. In Russia, mandatory coordination of redevelopment in apartment buildings is practiced. The procedure is designed to reduce risks for residents and inspect planned changes. In order for the approval to go smoothly, you should draw up a draft and wait for the decision of the supervisory authority, which the citizen will receive in a maximum of 45 days.

If the owner wants to carry out cosmetic repairs, rearrange furniture and replace equipment with a similar one, it is not required to notify the Criminal Code or the Housing Inspectorate. Mandatory drafting of projects is necessary for alterations, including the installation of floors, the transfer of plumbing or gas equipment, and works related to the facade.

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