Redevelopment and redevelopment of residential premises are carried out in compliance with the requirements of the law in agreement with the local government body on the basis of a decision made by it (Article 26 of the Housing Code of the Russian Federation).
To carry out the reconstruction and redevelopment of residential premises, the owner of this premises or a person authorized by him (hereinafter referred to as the applicant) submits to the approval body at the location of the residential premises being rebuilt or replanned:
application for reconstruction or redevelopment in the form approved by the Government of the Russian Federation;
title documents for the residential premises being rebuilt or replanned (originals or notarized copies);
a project for the reconstruction or redevelopment of the residential premises being rebuilt or redesigned;
technical passport of the residential premises being rebuilt or re-planned;
consent in writing of all members of the tenant's family, including temporarily absent family members of the tenant) occupying the residential premises being rebuilt or replanned on the basis of a social tenancy agreement (if the applicant is the tenant of the residential premises being rebuilt or replanned, authorized by the landlord to submit the documents provided for in this paragraph premises under a social rental agreement.
Conclusion of the body for the protection of architectural, historical and cultural monuments on the admissibility of reconstruction and (or) redevelopment of a residential premises, if such a residential premises or the house in which it is located is an architectural, historical or cultural monument.
The body carrying out the approval does not have the right to require the submission of other documents, except for the documents established by Part 2 of Art. 26 Housing Code of the Russian Federation. The applicant is given a receipt for receipt of documents indicating their list and the date of their receipt by the body carrying out the approval.
The decision to approve or refuse approval must be made based on the results of consideration of the relevant application and others submitted in accordance with Part 2 of Art. 26 of the Housing Code of the Russian Federation of documents, the body carrying out the approval, no later than business days from the date of the decision on approval, issues or sends to the applicant at the address specified in the application a document confirming the adoption of such a decision. The form and content of this document are established by the Government of the Russian Federation. Provided for in Part 5 of Art. 26 of the Housing Code of the Russian Federation, the document is the basis for the reconstruction or redevelopment of residential premises.
In accordance with Art. 27 of the Housing Code of the Russian Federation, refusal to approve the reconstruction or redevelopment of residential premises is permitted in the following cases:
1) failure to submit certain parts of Art. 2. 26 Housing Code of the Russian Federation documents;
2) provision of documents to the wrong authority;
3) non-compliance of the project for reconstruction or redevelopment of residential premises with the requirements of the law.
The decision to refuse approval for the reconstruction or redevelopment of residential premises must contain the grounds for the refusal with a mandatory reference to the violations provided for in Part 1 of Art. 27 Housing Code of the Russian Federation.
The decision to refuse approval for the reconstruction or redevelopment of residential premises is issued or sent to the applicant no later than three working days from the date of such decision and can be appealed by the applicant in court.
The period for consideration of an application for reconstruction or redevelopment is one month. The interdepartmental commission, having studied the submitted documents and inspected the facility, makes a decision, which is documented in a protocol (act). The decision of the commission is considered adopted by a majority of votes if a quorum is present. Objections of individual commission members to the proposed decision are stated in writing and attached to the protocol (act). The decision of the interdepartmental commission can be appealed within two weeks to higher interdepartmental commissions, and in case of disagreement with the decision of the city commission - in court. The order of the prefect (sub-prefect), allowing redevelopment (re-equipment) of the premises of a residential building, is issued to the applicant and sent to the BTI. The commission in its decision sets a deadline for completing the re-equipment or redevelopment work, depending on its complexity, which should be no more than six months from the date of approval of the decision. The Technical Inventory Bureau makes appropriate changes to the technical passport for the building after the redevelopment of the premises and their measurements (measurements) in kind by the bureau employees. After making changes to the technical passport, the BTI sends information about them to the Municipal Housing Committee or the Property Management Committee to make these changes into the appropriate data bank.
The completion of the reconstruction or redevelopment of the residential premises is confirmed by an act of the acceptance committee. The acceptance committee's report must be sent by the body carrying out the approval to the organization (body) for recording real estate objects (Article 28 of the Housing Code of the Russian Federation).

3. Consequences of unauthorized reconstruction and redevelopment
Unauthorized reconstruction or redevelopment of residential premises carried out in the absence of the basis provided for in Part 6 of Art. 26 of the Housing Code of the Russian Federation, or in violation of the reconstruction or redevelopment project, presented in accordance with clause 3, part 2, art. 26 Housing Code of the Russian Federation.
A person who has unauthorizedly reconstructed or redesigned a residential premises bears the responsibility provided for by law.
The owner of a residential premises that has been unauthorizedly rearranged or redesigned, or the tenant of such residential premises under a social tenancy agreement, is obliged to bring such residential premises to their previous condition within a reasonable time and in the manner established by the body carrying out the approval.
Based on a court decision, residential premises may be preserved in a rebuilt or redesigned state, if this does not violate the rights and legitimate interests of citizens or does not create a threat to their life or health, if the corresponding residential premises are not restored to their previous condition within a reasonable time, the court on The claim of the body carrying out the approval (subject to the failure to make a decision provided for in Part 4 of Article 29 of the RF Housing Code) makes a decision:
in relation to the owner of the sale of such residential premises at public auction with payment to the owner of the proceeds from the sale of such residential premises minus the costs of executing a court decision with the imposition on the new owner of such residential premises of the obligation to bring it to its previous condition;
in relation to the tenant of such residential premises under a social tenancy agreement, the termination of this agreement with the imposition on the owner of such residential premises, who was the lessor under the said agreement, of the obligation to bring such residential premises to its previous condition.
The body carrying out the approval for the new owner of the residential premises, which was not restored to its previous state in accordance with Part 3 of Art. 29 of the Housing Code of the Russian Federation according to the procedure, or for the owner of such residential premises, who was the lessor as terminated in accordance with Part 5 of Art. 29 of the Housing Code of the Russian Federation in accordance with the contract, establishes a new deadline for bringing such residential premises to their previous condition. If such residential premises are not restored to their previous condition within the specified period and in the manner previously established by the body carrying out the approval, such residential premises are subject to sale at public auction in accordance with Part 5 of Art. 29 of the Housing Code of the Russian Federation is in order.

Article 26. Grounds for reconstruction and (or) redevelopment of premises in an apartment building

1. Reconstruction and (or) redevelopment of premises in an apartment building are carried out in compliance with the requirements of the law in agreement with the local government body (hereinafter referred to as the body carrying out the approval) on the basis of a decision made by it.

2. To carry out the reconstruction and (or) redevelopment of premises in an apartment building, the owner of this premises or a person authorized by him (hereinafter in this chapter - the applicant) to the authority carrying out the approval at the location of the premises being rebuilt and (or) replanned in the apartment building directly or through the multifunctional center in accordance with the interaction agreement concluded by them in the manner established by the Government of the Russian Federation:

1) an application for reconstruction and (or) redevelopment in the form approved by the federal executive body authorized by the Government of the Russian Federation;

2) title documents for the premises being rebuilt and (or) replanned in an apartment building (originals or notarized copies);

3) a project for the reconstruction and (or) redevelopment of the premises being rebuilt and (or) replanned in an apartment building, prepared and executed in accordance with the established procedure, and if the reconstruction and (or) redevelopment of the premises in an apartment building is impossible without attaching part of the common property in the apartment building to this premises , also the protocol of the general meeting of owners of premises in an apartment building on the consent of all owners of premises in an apartment building for such reconstruction and (or) redevelopment of premises in an apartment building, provided for in Part 2 of Article 40 of this Code;

4) technical passport of the premises being rebuilt and (or) replanned in an apartment building;

5) consent in writing of all members of the tenant’s family (including temporarily absent family members of the tenant) occupying the rebuilt and (or) redesigned residential premises on the basis of a social tenancy agreement (if the applicant is authorized by the landlord to submit the documents provided for in this paragraph the tenant of the residential premises being rebuilt and (or) replanned under a social tenancy agreement);

6) the conclusion of the body for the protection of architectural, historical and cultural monuments on the admissibility of reconstruction and (or) redevelopment of premises in an apartment building, if such premises or the house in which it is located is an architectural, historical or cultural monument.

2.1. The applicant has the right not to submit the documents provided for in paragraphs 4 and 6 of part 2 of this article, as well as in the event that the right to renovated and (or) replanned premises in an apartment building is registered in the Unified State Register of Real Estate, the documents provided for in paragraph 2 of part 2 of this article . To consider an application for reconstruction and (or) redevelopment of premises in an apartment building, the approval authority at the location of the premises being rebuilt and (or) replanned in an apartment building requests the following documents (copies thereof or information contained therein), if they have not been submitted by the applicant on his own initiative:

1) title documents for the premises being rebuilt and (or) replanned in an apartment building, if the right to it is registered in the Unified State Register of Real Estate;

2) technical passport of the premises being rebuilt and (or) replanned in an apartment building;

3) the conclusion of the body for the protection of architectural, historical and cultural monuments on the admissibility of reconstruction and (or) redevelopment of premises in an apartment building, if such premises or the house in which it is located is an architectural, historical or cultural monument.

3. The body carrying out the approval does not have the right to require the applicant to submit other documents other than documents, the request of which from the applicant is allowed in accordance with parts 2 and 2.1 of this article. The applicant is issued a receipt of documents from the applicant indicating their list and the date of their receipt by the body carrying out the approval, as well as indicating the list of documents that will be received upon interdepartmental requests. In case of submission of documents through a multifunctional center, a receipt is issued by the specified multifunctional center. State bodies, local self-government bodies and organizations subordinate to state bodies or local self-government bodies, which have at their disposal the documents specified in Part 2.1 of this article, are obliged to send to the body carrying out the approval the documents requested by such body (their copies or the information contained in them) . Requested documents (their copies or information contained therein) may be submitted on paper, in the form of an electronic document, or in the form of copies of the requested documents certified by an authorized person, including in the form of an electronic document.

4. The decision to approve or refuse approval must be made based on the results of consideration of the relevant application and other documents submitted in accordance with parts 2 and 2.1 of this article by the body carrying out the approval, no later than forty-five days from the date of submission of documents to this body , the obligation to submit which in accordance with this article is assigned to the applicant. If the applicant submits the documents specified in Part 2 of this article through the multifunctional center, the period for making a decision on approval or refusal of approval is calculated from the day the multifunctional center transmits such documents to the body carrying out the approval.

5. The body carrying out the approval, no later than three working days from the date of the decision on approval, issues or sends to the address specified in the application, or through the multifunctional center, a document confirming the adoption of such a decision to the applicant. The form and content of this document are established by the federal executive body authorized by the Government of the Russian Federation. If an application for reconstruction and (or) redevelopment is submitted through a multifunctional center, a document confirming the decision is sent to the multifunctional center, unless another method of receiving it is specified by the applicant.

6. The document provided for in Part 5 of this article is the basis for the reconstruction and (or) redevelopment of premises in an apartment building.

1. Redevelopment and (or) redevelopment of premises in an apartment building are carried out in compliance with the requirements of the law in agreement with the local government body (hereinafter referred to as the body carrying out the approval) on the basis of a decision made by it.

2. To carry out the reconstruction and (or) redevelopment of premises in an apartment building, the owner of this premises or a person authorized by him (hereinafter in this chapter - the applicant) to the authority carrying out the approval at the location of the premises being rebuilt and (or) replanned in an apartment building directly or through the multifunctional center in accordance with the interaction agreement concluded by them in the manner established by the Government of the Russian Federation:

1) an application for reconstruction and (or) redevelopment in the form approved by the federal executive body authorized by the Government of the Russian Federation;

2) title documents for the premises being rebuilt and (or) replanned in an apartment building (originals or notarized copies);

3) a project for the reconstruction and (or) redevelopment of the premises being rebuilt and (or) replanned in an apartment building, prepared and executed in accordance with the established procedure, and if the reconstruction and (or) redevelopment of the premises in an apartment building is impossible without attaching part of the common property in the apartment building to this premises , also the protocol of the general meeting of owners of premises in an apartment building on the consent of all owners of premises in an apartment building for such reconstruction and (or) redevelopment of premises in an apartment building, provided for in Part 2 of Article 40 of this Code;

4) technical passport of the premises being rebuilt and (or) replanned in an apartment building;

5) consent in writing of all members of the tenant’s family (including temporarily absent family members of the tenant) occupying the rebuilt and (or) redesigned residential premises on the basis of a social tenancy agreement (if the applicant is authorized by the landlord to submit the documents provided for in this paragraph the tenant of the residential premises being rebuilt and (or) replanned under a social tenancy agreement);

6) the conclusion of the body for the protection of architectural, historical and cultural monuments on the admissibility of reconstruction and (or) redevelopment of premises in an apartment building, if such premises or the house in which it is located is an architectural, historical or cultural monument.

2.1. The applicant has the right not to submit the documents provided for in paragraphs 4 and 6 of part 2 of this article, as well as in the event that the right to renovated and (or) replanned premises in an apartment building is registered in the Unified State Register of Real Estate, the documents provided for in paragraph 2 of part 2 of this article . To consider an application for reconstruction and (or) redevelopment of premises in an apartment building, the approval authority at the location of the premises being rebuilt and (or) replanned in an apartment building requests the following documents (copies thereof or information contained therein), if they have not been submitted by the applicant on his own initiative:

1) title documents for the premises being rebuilt and (or) replanned in an apartment building, if the right to it is registered in the Unified State Register of Real Estate;

2) technical passport of the premises being rebuilt and (or) replanned in an apartment building;

3) the conclusion of the body for the protection of architectural, historical and cultural monuments on the admissibility of reconstruction and (or) redevelopment of premises in an apartment building, if such premises or the house in which it is located is an architectural, historical or cultural monument.

3. The body carrying out the approval does not have the right to require the applicant to submit other documents other than documents, the request of which from the applicant is allowed in accordance with parts 2 and 2.1 of this article. The applicant is issued a receipt of documents from the applicant indicating their list and the date of their receipt by the body carrying out the approval, as well as indicating the list of documents that will be received upon interdepartmental requests. In case of submission of documents through a multifunctional center, a receipt is issued by the specified multifunctional center. State bodies, local self-government bodies and organizations subordinate to state bodies or local self-government bodies, which have at their disposal the documents specified in Part 2.1 of this article, are obliged to send to the body carrying out the approval the documents requested by such body (their copies or the information contained in them) . Requested documents (their copies or information contained therein) may be submitted on paper, in the form of an electronic document, or in the form of copies of the requested documents certified by an authorized person, including in the form of an electronic document.

4. The decision to approve or refuse approval must be made based on the results of consideration of the relevant application and other documents submitted in accordance with parts 2 and 2.1 of this article by the body carrying out the approval, no later than forty-five days from the date of submission of documents to this body , the obligation to submit which in accordance with this article is assigned to the applicant. If the applicant submits the documents specified in Part 2 of this article through the multifunctional center, the period for making a decision on approval or refusal of approval is calculated from the day the multifunctional center transmits such documents to the body carrying out the approval.

5. The body carrying out the approval, no later than three working days from the date of the decision on approval, issues or sends to the address specified in the application, or through the multifunctional center, a document confirming the adoption of such a decision to the applicant. The form and content of this document are established by the federal executive body authorized by the Government of the Russian Federation. If an application for reconstruction and (or) redevelopment is submitted through a multifunctional center, a document confirming the decision is sent to the multifunctional center, unless another method of receiving it is specified by the applicant.

6. The document provided for in Part 5 of this article is the basis for the reconstruction and (or) redevelopment of premises in an apartment building.

Commentary to Art. 26 Residential Complex of the Russian Federation

1. Reconstruction and redevelopment of residential premises can be carried out by the owner of this premises or by the tenant occupying residential premises under a social tenancy agreement, in agreement with the local government body.

2. To carry out the reconstruction or redevelopment of residential premises, the owner of the residential premises submits an application to the local government body for approval of the reconstruction or redevelopment.

The application form for the reconstruction or redevelopment of residential premises was approved by Decree of the Government of the Russian Federation of April 28, 2005 N 266.

Along with the application, the owner of the premises submits to the local government body for approval a notarized copy of the documents confirming his ownership of the premises. The originals of these documents must be kept by the owner. The owner of the residential premises also presents a technical passport of the residential premises. A project for the reconstruction and (or) redevelopment of residential premises must also be submitted in accordance with the established procedure. Projects for the reconstruction and redevelopment of residential premises of various forms of ownership must be developed in compliance with current regulations.

The tenant of the residential premises occupied by him under a social tenancy agreement provides in writing the consent of his family members, including those temporarily absent. The tenant of the residential premises is not listed as an applicant in Part 2 of the commented article. However, the tenant of a residential premises may apply to the local government body with an application if he is authorized to take these actions by the landlord. It should be noted that if the landlord is a local government body, then it turns out that the local government body has authorized the tenant to apply to the same local government body with an application for reconstruction and redevelopment. This is a paradox.

If the residential premises are located in a house that is an architectural, historical or cultural monument, then it is necessary to submit with the application for reconstruction and redevelopment the conclusion of the body for the protection of architectural, historical and cultural monuments on the admissibility of the reconstruction and (or) redevelopment of the residential premises.

3. The commented article establishes an exhaustive list of documents that must be submitted by the owner or tenant to approve the reconstruction or redevelopment of residential premises. A local government body does not have the right to demand the submission of documents other than those specified in Part 2 of the commented article.

An application for approval of the reconstruction or redevelopment of residential premises must be considered by a local government body within 45 days from the date of submission of the application and all necessary documents to this body. Within the specified period, the local government body must make a decision on approval or refusal to approve the reconstruction or redevelopment of residential premises.

4. The form of the document confirming the decision to approve the reconstruction and (or) redevelopment of residential premises is approved by Decree of the Government of the Russian Federation of April 28, 2005 N 266. This document establishes the period for carrying out repair and construction work, the regime for carrying out repair and construction work, since the premises are located in an apartment building and repair and construction work may be carried out with noise and other adverse consequences. In this case, the period and mode of repair and construction work are determined in accordance with the application. If the body carrying out the approval changes the period and mode of repair and construction work specified in the application, the decision sets out the reasons for making such a decision.

The said decision is sent to the applicant within three working days from the date of its adoption.

5. The decision of the local government body to approve the reconstruction and (or) redevelopment of residential premises is the basis for the start of work on the reconstruction and (or) redevelopment of the premises.

6. All these rules apply to non-residential premises located in apartment buildings.

How often do people encounter issues of reconstruction and redevelopment of residential premises, having superficially familiarized themselves, or even knowing practically nothing about the rules for carrying out these activities, without caring about giving the reconstruction the status of legality. Of course, permission for cosmetic repairs (replacing wallpaper, tiles, etc.) in the apartment is not required. However, often in unintentional neglect of the procedure for obtaining permission for a planned restructuring, and even more often in the consequences of giving illegal restructuring the status of legality, people experience truly unpleasant surprises.

So, issues of reconstruction and redevelopment of residential premises are regulated by Chapter 4 of the Housing Code of the Russian Federation (hereinafter referred to as the RF Housing Code).

The very definitions of reconstruction and redevelopment are given in Art. 25 Housing Code of the Russian Federation. Part one of this article states that residential renovation represents the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises. Residential redevelopment- this is a change in its configuration, requiring a change in the technical passport of the residential premises.

The following article of the code sets out a list of grounds for reconstruction and (or) redevelopment of residential premises, which are carried out in compliance with the requirements of the law in agreement with the local government body (hereinafter referred to as the body carrying out the approval) on the basis of a decision made by it. To carry out the reconstruction and (or) redevelopment of a residential premises, the owner of this premises or a person authorized by him (hereinafter referred to as the applicant) submits to the approval body at the location of the residential premises being rebuilt and (or) replanned:

1) an application for reconstruction and (or) redevelopment in the form approved by the federal executive body authorized by the Government of the Russian Federation;

2) title documents for the residential premises being rebuilt and (or) replanned (originals or notarized copies);

3) a project for the reconstruction and (or) redevelopment of the rebuilt and (or) redesigned residential premises prepared and executed in the prescribed manner;

4) technical passport of the residential premises being rebuilt and (or) replanned;

5) consent in writing of all members of the tenant’s family (including temporarily absent family members of the tenant) occupying the rebuilt and (or) redesigned residential premises on the basis of a social tenancy agreement (if the applicant is authorized by the landlord to submit the documents provided for in this paragraph the tenant of the residential premises being rebuilt and (or) replanned under a social tenancy agreement);

6) the conclusion of the body for the protection of architectural, historical and cultural monuments on the admissibility of reconstruction and (or) redevelopment of a residential premises, if such a residential premises or the house in which it is located is an architectural, historical or cultural monument.

The third part of the same article contains an important explanation that the body carrying out the approval not entitled require the presentation of documents other than the documents established by part 2 of this article. The applicant is given a receipt for receipt of documents indicating their list and the date of their receipt by the body carrying out the approval.

The decision to approve or refuse approval must be made based on the results of consideration of the relevant application and other documents submitted in accordance with Part 2 of this article by the body carrying out the approval, no later than forty-five days from the date of submission of these documents to this body. This document is the basis for the reconstruction and/or redevelopment of the residential premises.

The body carrying out the approval no later than three working days from the day the decision on approval is made, issues or sends to the address specified in the application to the applicant a document confirming the adoption of such a decision. The form and content of this document are established by the federal executive body authorized by the Government of the Russian Federation.

The authorized body may refuse approval for the reconstruction and (or) redevelopment of residential premises on the following grounds:

1) failure to submit the above list of documents;

2) submission of documents to the improper body;

3) non-compliance of the project for reconstruction and (or) redevelopment of residential premises with the requirements of the law.

The decision to refuse approval for the reconstruction and (or) redevelopment of residential premises must contain the grounds for refusal with obligatory reference to one or more of the above three points. The said decision is issued or sent to the applicant no later than three working days from the date of adoption of such a decision and may be appealed by the applicant in court.

The completion of the reconstruction and (or) redevelopment of the residential premises is confirmed by an act of the acceptance committee. The acceptance committee report must be sent by the body carrying out the approval to the body or organization that carries out state registration of real estate objects in accordance with the Federal Law “On the State Real Estate Cadastre”.

The Housing Code of the Russian Federation clearly defines consequences of unauthorized reconstruction and (or) unauthorized redevelopment of residential premises, one of which is the commission of the above actions without a decision of the authorized body or in violation of the reconstruction and (or) redevelopment project.

The liability of a person who has allowed unauthorized redevelopment of residential premises in apartment buildings is provided for in Part 2 of Art. 7.21 of the Code of the Russian Federation on Administrative Offenses (hereinafter – KRFoAP) and is imposed in the form of an administrative fine in the amount of two thousand to two thousand five hundred rubles.

However, that's not all! The owner of a residential premises that was unauthorizedly rebuilt and (or) redesigned, or the tenant of such residential premises under a social tenancy agreement is obliged to restore such residential premises to their previous condition within a reasonable time and in the manner established by the body carrying out the approval.

If the relevant residential premises are not restored to their previous condition within a reasonable time by the person carrying out the approval, the court, at the request of this body, makes the following decisions:

1) against the owner on the sale of such residential premises at public auction with the payment to the owner of the proceeds from the sale of such residential premises, minus the costs of executing the court decision, with the imposition on the new owner of such residential premises of the obligation to bring it to its previous condition;

2) in relation to the tenant of such residential premises under a social tenancy agreement, to terminate this agreement with the imposition on the owner of such residential premises, who was the lessor under the said agreement, of the obligation to bring such residential premises to its previous condition.

At the same time, based on a court decision, residential premises may be preserved in a rebuilt and (or) redesigned state, if this does not violate the rights and legitimate interests of citizens or does not create a threat to their life or health.

In conclusion, I would like to note that the body carrying out the approval, for the new owner of a residential premises that has not been brought to its previous condition in the prescribed manner, or for the owner of such residential premises, who was the landlord under a contract terminated in the prescribed manner, sets a new deadline for bringing such residential premises to their previous condition. If such residential premises are not restored to their previous condition within the specified period and in the manner previously established by the body carrying out the approval, such residential premises subject to public auction.

In most cases, it is necessary to seek the help of specialists in carrying out both the reconstruction of the residential premises and in preparing and submitting documents to the competent authorities, in order to obtain a decision in a short time and without loss of personal time and nerves.