The attic is considered non-residential premises, which is located above the last floor apartment building. Usually the footage of its space is similar to the square of the apartment above it, so there are often those who want to get attic space for themselves.

Each owner of the apartment over which he is located has the right to assign such square meters. To do this, you can choose one of the options, namely: use the attic space as a tenant or register it as your own property.

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However, the appropriation of a non-residential square over your apartment has many nuances that often complicate the process of bringing your plan to life. So, the presence of an HOA or OSMD in the house and how many people are in the board of the house are of great importance.

It is also decisive whether the members of the cooperative have formal rights to partial ownership or land under a particular high-rise building. Therefore, before starting the process of appropriation attic space, you should prepare in advance for the fact that this will take a lot of time and money.

What to Consider

The attic is a common house property, which all owners of apartments located in a multi-storey building are entitled to dispose of. Therefore, the privatization of the attic above the apartment has many pitfalls and difficulties, due to which the design process becomes more complicated, and sometimes even ends to no avail.

Before you go to the relevant authorities in order to privatize the attic, it is necessary to take into account possible obstacles in advance and prepare options for their elimination. It is best to seek professional legal advice for these purposes, only in this way it will be possible to avoid vain ones, as well as save your nerves and personal time.

Mentions in law

Residents' rights

All tenants of an apartment building, who own their apartments, have the right to use common house property.

These include:

• adjoining land plots;
• cellars and technical rooms;
• communications;
• elevators, stairs and landings;
• roofs and attics;
• storage rooms not located on the territory of apartments, etc.

The procedure for such use is provided for by the Housing Civil Code, as well as Art. 36 h. 2 LC RF.

So, in relation to the above property, the owners have the following powers:

• temporarily use;
• dispose;
• own.

As for the order, here the rights are limited by Article 290 of the Civil Code of the Russian Federation: none of the apartment owners can transfer their rights to own a particular non-residential area to third parties. An exception is the sale of an apartment, from which the new owner receives permission to use the common area and property of the house.

Based on , transfer of rights of use non-residential premises third parties are allowed only if it is rented out. So, in the future it will be possible to rent a privatized attic to people who are not related to a particular apartment building, and receive funds for this.

Requested Documents

To assign an attic non-residential premises, one consent of all owners will not be enough. is very difficult and requires a lot of documentation.

The collection of documents can be divided into two stages: visiting all the necessary authorities and preparing documents for an apartment.

In the first case, the package of papers consists of:

• permission to re-equip the attic;
• act on the satisfactory condition of the technical premises;
• papers on the inspection of the Ministry of Emergency Situations and the Department of Civil Defense (if the attic is equipped for non-residential premises);
• a certificate that the attic does not belong to anyone, that is, it does not have an owner or tenant;
• extract from the technical passport for the house;
• house plan;
• attic layout.

As for the certificate from the BTI, in order to obtain it, it is necessary to call an employee of the organization to the house to take measurements of the technical premises being privatized. This should be done in advance, since it may take about a month for the BTI employee to arrive.

The second package of documents consists of the following papers:

• technical plan of the apartment, above which there is an attic;
• cadastral plan;
• documents establishing the right of ownership (certificate);
• donation or other papers confirming the right to inherit a particular apartment;
• owner's passport and its copy.

All documentation must be submitted to the relevant authorities in two copies: copies certified by the owner, and originals.

How to privatize the attic above the apartment

For the privatization of the attic, at least two written consents of other owners who have the right to use this technical room are required. If the apartment building is and does not have privatized apartments, then such permission is not necessary.

If several owners apply for the attic at once, then, most likely, you will have to organize an HOA and resort to the process of registering shared ownership of this technical room.

If the attic is an intersection of communications, then in order to obtain permission to use it, you will have to contact the organization on whose balance sheet the apartment building is located. Only after obtaining approval for the reconstruction and its implementation, it will be possible to continue the process of registration of privatization. Such a project must be coordinated with the State Architectural and Construction Committee, otherwise problems may arise.

Upon completion of the complete reconstruction of the attic, the next step will be to call the BTI employees. They will conduct an inspection and inventory, after which an appropriate registration certificate will be issued.

After collecting all the necessary permits and documents, you can go to court to recognize the rights to property, and specifically, the attic area

Assembly and consent of neighbors

To obtain consent from residents to use the attic space, a general meeting should be held.

The assembly template is as follows:

1. Set a collection date in advance by posting an appropriate announcement on the entrance door or by personally notifying all owners.
2. After gathering the neighbors, tell them about your plans for the attic so that they know that their legal rights will not be violated.
3. Conduct a vote.
4. Give for signature an act of consent to the assignment of the attic to each owner.

After signing the act, you can start collecting documents for privatization. After that, all papers are submitted to managing organization in order to consider the application and obtain permission to continue the process of assigning additional square meters.

Additional measures

An attic space located above a residential apartment can either be privatized, or rented, or taken for free use. To do this, it is necessary to fulfill a number of actions and requirements provided for by law.

Connection option

To get an attic for rent or free use, it is enough to get permission from 2-3 owners and notarize it. If the house is municipal, then consent to use must be obtained from the organization on whose balance sheet it is located, or from utilities and BTI.

The complete process for such an assignment is as follows:

• obtaining a written agreement for the lease or free use of the entire attic or part of it;
• signing a lease agreement with state registration;
• implementation of the reconstruction of the premises;
• obtaining an act from the BTI on the reconstruction of the attic and its proper condition;
• fixing changes in the premises in the technical passport of the house;
• making any changes to the reconstruction of the attic in the lease agreement.

Getting attic space for rent will take less time and will be less expensive than its privatization. The fundamental factor for obtaining permission to use a common technical room is the existence of ownership rights to the apartment located under the attic.

Cost of the procedure

Getting an attic space for use is a tempting opportunity for many, because who does not dream of a personal attic on the mountain. However, the full cost of such pleasure will please few people.

Cash costs will haunt the future owner at every stage of registration. At the same time, prices depend on many factors and nuances.

The first financial loss can be expected at the very initial stage of privatization - obtaining consent from the owners. Since the attic area belongs to the common area, the residents of the house may demand compensation for its loss.

Most often, these costs are unofficial. The funds have to be given to the neighbors, who are categorical in their decision, so that they sign the consent.

This will be followed by payment for technical expertise, which varies from 30 to 60 thousand rubles. Also, a considerable amount will have to be paid for the redevelopment of the premises and the re-call of the BTI. In addition, it will be necessary to pay the cost of the services of other instances, which often deliberately delay the issuance of permits and acts in order to obtain their own benefit.

After the completion of the privatization process, repairs will be carried out in the premises. The amount that will have to be spent on this already depends on the owner himself and his plans for the area received for use.

Inhabitants of the upper floors residential buildings can increase their living space with a non-residential attic located above their apartment.

Attic - the space between the roof structures (external walls and the ceiling of the upper floor) (p. 32 SNIP 2.08.02-89, Appendix 2).

Development of 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.

Accession of the attic space can be carried out in two ways: with registration of the attic space in the property and without registration (on the right of lease or gratuitous use). The choice of a specific method of connecting an attic space depends on many factors: the presence of an HOA, the number of HOA members, the qualitative composition of HOA members or owners of residential premises in an apartment building, the presence of registered rights to shared ownership and land, etc.

The process of registering an attic over an apartment as a property 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 norm, the attic is disposed of in the manner prescribed by law with the consent of the owners of residential premises in an apartment building.

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 a decrease in the total fractional ownership or without it.

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

Stages of joining the attic

The way to get an attic for rent or for free use schematically looks like this:

• obtaining consent to rent or free use of an attic (part of an 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;

• carrying out the reconstruction of the attic;

• obtaining an act on the reorganization carried out;

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

These actions are regulated by Decree of the Government of the city of Moscow dated February 8, 2005 No. 73-PP "On the procedure for the reconstruction of premises in residential buildings on the territory of the city of Moscow.

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

In this case, the schema is:

• adoption of a unanimous decision by all owners of residential premises to carry out reconstruction;

• obtaining permission for reconstruction by the owners of residential premises, HOA, housing cooperatives;

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

• making changes to 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 the construction, reconstruction of urban facilities in the city of Moscow."

The main conditions for the above procedures are the presence of registered rights of shared ownership and regulated land relations.

Attic connection specialists provide qualified assistance in the shortest possible time. We have extensive experience in cooperating with all institutions on which the decision-making on registration of attics above the apartment in the property depends.

Quite often, the owners of apartments with attic or attic premises above them have a desire to attach part of the attic space to their apartment. Is this possible, and if so, what are necessary actions? How is it possible to register the ownership of the attic space created as a result of reconstruction?
First of all, you need to understand legal regime attic space, in other words, to whom does it belong? By virtue of paragraph 1 of Art. 290 Civil Code In the Russian Federation, the common premises of the house, the supporting structures of the house, mechanical, electrical, sanitary and other equipment outside or inside the apartment, serving more than one apartment, belong to the owners of apartments in an apartment building on the basis of common shared ownership.
According to part 2 of Art. 36 of the Housing Code of the Russian Federation, owners of premises in an apartment building own, use and dispose of common property in an apartment building.
By virtue of paragraph.1 h.1 Article. 36 of the Housing Code of the Russian Federation, attics as premises that are not parts of apartments and intended to serve more than one room in a given house are part of the common property in an apartment building.
Thus, Attic spaces are classified as common property of the house by the current legislation.
It should be noted that the attic in the house may also be owned by St. Petersburg, in which case the law provides for a different procedure for the reconstruction of such premises, this article considers only the reconstruction of the attic, which is part of the common property in an apartment building.
In accordance with Part 3 of Art. 36 of the Housing Code of the Russian Federation, reducing the size of common property in an apartment building is possible only with the consent of all owners of premises in this house through its reconstruction.
In addition, the need to obtain consent for the reconstruction of the premises in connection with the last part of the common property in an apartment building is also established by paragraph 2 of Art. 40 LCD RF.
How can the consent of all owners of premises in an apartment building be obtained? The Housing and Civil Codes of the Russian Federation provide in such cases for the need to hold a general meeting of tenants.
The issues of preparing, holding and formalizing the results of the general meeting of residents must be given the closest attention, since if subsequently the Office Federal Service state registration, cadastre and cartography in St. Petersburg or the court establishes the absence of proper notification of residents, registration of ballots for voting, the facts of voting instead of owners of premises by other persons, or other violations during the general meeting of residents, then registration of ownership of the reconstructed object will be denied.
In particular, the district courts of the city of St. Petersburg issued the following acts on the issues of holding a general meeting of residents to obtain consent for the reconstruction of the attic.
For example, by the decision of the Dzerzhinsky District Court of the city of St. Petersburg dated March 06, 2013 in case No. 33-9606 / 2013, upheld by the appeal ruling of the St. Petersburg City Court dated July 18, 2013, in satisfaction claims on recognizing the ownership of an apartment with an attic, created as a result of reconstruction, was denied, with reference to the fact that the current legislation “establishes that a reduction in the size of common property in an apartment building is possible only with the consent of all the owners of the premises in this house without exception.”
By the decision of the Thirteenth Arbitration Court of Appeal dated October 29, 2013 in case N A56-24391 / 2013, it was established that, in violation of Articles 246, 289, 290 of the Civil Code Russian Federation and the provisions of Article 36 of the Housing Code of the Russian Federation, the registering authority was not presented with evidence of the consent of all owners of premises in the house to alienate common property, in connection with which the Department of the Federal Service for State Registration, Cadastre and Cartography in St. Petersburg refused to state registration of ownership of apartments created as a result of reconstruction on the attic floor, was recognized as legal.
However, by the Decree of the Federal Antimonopoly Service of the North-Western District dated January 31, 2014 in case N A56-24391 / 2013, this decision of the court of appeal was canceled with reference to the following: house and the use of common property, were regulated federal law"On Associations of Homeowners". According to section 22 of this Law, the general meeting of homeowners is competent if it is attended by homeowners or their representatives, who have more than 50 percent of the votes of the total votes of homeowners. The decision is made by a majority vote of the homeowners present at the general meeting and is binding on all homeowners, including those who, regardless of the reasons, did not take part in the vote.
In addition, the court of cassation indicated that neither the investment agreement nor the decision of the meeting of the homeowners' association was challenged by either the tenants or other interested persons, nor were they declared invalid by the court (decision of the Vyborgsky District Court of St. Petersburg dated 22.06.2010 to case N 2-4625/10 Demenkov V.P., who is the owner of an apartment in this building, was denied a claim for an obligation to restore the attic space to its previous state. 11 Demenkov V.P. and other homeowners were denied satisfaction of the claims, which were justified, in particular, by reconstruction without their consent, on determining the procedure for using the attic space).
When considering another case, Ruling of the St. Petersburg City Court dated July 22, 2013 N 33-11404 / 2013 satisfied the requirement to invalidate the decision of the general meeting of the owners of the premises, since the owners of the premises of the house were not properly notified of the meeting in the form of absentee voting, from voting ballots, it is impossible to determine the number of votes that took part in the meeting.
Determination of the St. Petersburg City Court dated May 23, 2012 N 33-6560, taking into account the fact that the permission of the authorized body to carry out the reconstruction of a dwelling - an apartment, issued in accordance with the procedure established by law, in compliance with the norms of the Housing Code of the Russian Federation and the Urban Planning Code of the Russian Federation expansion through the use of the attic space, as well as the consent of all the owners of the premises of the apartment building are absent, it was established that there are no legal grounds for satisfying the plaintiff's claims to recognize his ownership of the reconstructed object.
In addition, when planning the reconstruction of the attic, you need to know that, by virtue of the provisions of Art. 1 of the Town Planning Code of the Russian Federation, reconstruction of objects capital construction a change in the parameters of the object, its parts (in particular, the number of floors, area, volume), including the superstructure, rebuilding, expansion of the object, is recognized.
At the same time, housing legislation does not regulate the procedure for reconstructing the premises of an apartment building. This procedure is provided for by the Town Planning Code of the Russian Federation.