Usually such apartments are called penthouses and, by the way, they are not at all common in central Russia. On the contrary, such buildings are very popular abroad, and in our latitudes only elite cottages or high-rise complexes can boast of such buildings.

Of course, every citizen wants to significantly improve his living conditions, which is why he resorts to seizing some premises that do not belong to him.

Can it be privatized?

Many houses built in our country have an attic. Some citizens, dreaming of making their dream of a two-story building come true, are going to buy an attic and, having made it part of their property, create an attic out of it.

Is it possible to privatize the attic above the apartment?

Yes, if you are a resident of the upper floor, and there is an attic above you.

But how to actually do this in accordance with the law and would such an action be legal at all?

We will tell you about this in our article, as well as give some tips that will help you bring your cherished goal in the form of attic privatization closer to reality.

When is privatization not possible?

There are certain conditions under which the privatization of the attic above the apartment can be carried out. But there are some factors that affect the fact that the attic can never become part of your property.

So, privatization of the attic above the apartment is impossible, if it is already someone's property. Then, in accordance with the Civil Code, you do not have the right to apply for privatization, you can only ask the owner option to rent or buy an attic.

Unfortunately, it often happens that real estate, which, it would seem, is in an ownerless state, turns out to be already belongs to someone just forgot about her.

It is also impossible to privatize the attic if it is the center of the intersection of some important communications and connections. Electric wires, gas and water pipes - all this goes directly to the top of the building, and around the clock, this object should be accessible.

It is very rare when a management company decides to transfer these communications in order to free up space for privatization - this is actually a difficult and very dangerous task. Since the master must have access to the wires and pipes around the clock.

Agree, it will probably not be convenient for you to receive incomprehensible guests, and having communications in the apartment that are responsible for the entire residential staircase also does not fit into your plans. Therefore, in this case, assigning yourself an attic will not work either.

Another reason why the attic cannot be privatized is tenant disagreement.

In fact, the attic is a common property, the responsibility for which is Management Company, and on the right of ownership, it equally equally belongs to all residents.

Therefore, you can gather all the inhabitants house or entrance and ask them to vote and leave signatures so that the attic becomes your property.

But in case if there are opponents this idea - you do not have the right to carry out such actions.

Also, the attic cannot be privatized in case if it is in emergency. Then, unfortunately, neither you nor anyone else will be able to privatize this property until it is brought into perfect condition, which would not constitute a threat to life.

What options exist?

You can only use the attic in case of rent or privatization of premises. Since the lease represents the temporary nature of the possession and use of real estate, we will not consider this option. But if you want to not only use, but also own and dispose of the attic, then we can only talk about privatization.

You have two options on how to privatize the attic above your apartment - the first case is negotiate with the management company.

If the attic has no communications and is not in disrepair, the management company, which, during the development, retained the right to use the residential premises, may allow you to carry out the privatization procedure.

But often, the management company does not have the right to dispose of such real estate, since the shared construction agreement, and the charter of the management company, states that the tenants equally have the right to ownerless real estate at home.

Remember! Before you begin your privatization activities, you must obtain the agreement of all those inhabiting this building.

We suggest that you familiarize yourself with the information on how, for registration and in which case, a citizen can.

Step-by-step instruction

So, in order for you to become the full owner of the attic space, you need to:

1. Hold a general meeting of residents;
2. Ask them to vote;
3. When you receive one hundred percent of the votes for privatization, you can start collecting documents;
4. You must submit the documents to the management company for review, and to the city administration, namely, to the privatization committee;
5. Wait for the result of the review;
6. With a positive answer, privatize the property in Rosreestr.

Do not forget! Before you start the complex procedure of collecting documents, make sure that this living space is not actually occupied by anyone, otherwise all your efforts will be in vain.

Collection of documents

Documents can be divided into two large groups. Primarily, for the privatization of the attic you will need documents from various authorities, but we will talk about them later and in a separate topic. Also you will need paperwork for an apartment that you already have in your hands. These include the following papers:

• Cadastral plan of your apartment;
• Technical plan of your living space;
• Legal documents, which include:
  • certificate of ownership in your name or the name of one of the household members;
  • gift;
  • documents confirming the right to inherit this dwelling.
• Photocopy of your passport.

Obtaining the consent of the neighbors

Obtaining consent from neighbors the most important point in the issue of privatization.

After all, the attic by all the rules - common house property, if no one managed to privatize it much earlier.

If all 100% of those living in the house voted that they were not against you engaging in privatization - feel free to start collecting documents, if some abstained, did not vote, or even considered that you were neglecting the rights of other residents - you cannot apply to the attic.

Appeal to authorities

In addition to the documents that, one way or another, you already have in your hands, you need to visit a number of authorities and collect the documents required for privatization.

1. Yes, it is necessary come to Rospotrebnadzor and get a certificate that this room and its use will not pose a danger to the residents of the house.
2. The next stop on your visit is Main Directorate of the Ministry of Emergency Situations. There they must check or simply issue a certificate stating that this facility is safe in the technical fee.
3. architectural management must approve your plan for connecting the attic to the apartment or simply joining it into a single property.
4. Gas inspection must also issue permission to connect and confirm that in this way the most important communications will be open to access.
5. Contact an architect, which should draw up a project for your new home with the condition of joining the attic.

Weight these documents are submitted to the housing committee, where in the end you should get a final conclusion, which will establish whether privatization is possible or not.

If possible, you contact the city administration and already there carry out the final stages of this action in the form of obtaining documents and processing in Rosreestr.

Price

Unfortunately, it is almost impossible to determine the cost of such an action, as it varies depending on the region. Also, different prices are set for obtaining technical documentation.

you can spend from one and a half to three thousand rubles for the design of the architectural plan, and more twenty to forty thousand for the registration of the attic space in the property through privatization.

Unfortunately, there are no uniform tariffs and fees for the collection of documents and the necessary contributions.

Now you know how to make the attic your property, and, having correctly calculated the forces and actions, you can start this procedure today.

Video

After watching this video, you will learn how to privatize the attic above your apartment.

Every apartment building has an attic. And many want to buy this room for their needs.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Many keep their inventory there, someone lives there. But all this must be done in accordance with the law. And it is very difficult to legalize such a property.

General information

Privatization is the transfer to the ownership of a private person. This possibility exists for individuals who do not have property in the USRR register.

A similar action is possible for individual entrepreneurs, legal entities, if their capital is less than 25%.

You can now complete the procedure only on. Although existing entrepreneurs wish to introduce a fee for such a procedure, so far the state does not allow them to do so.

The only thing you have to pay for is the issuance of title documents.

Residents' rights

Any owner of an apartment can get the right to privatize the attic. The main thing is to have the written consent of the other tenants for this procedure.

After receiving title documents, he will be able to use the squares at his discretion.

But it is worth remembering that in accordance with the current legislation, this type of real estate can only be redeemed. Under the contract, the object is not transferred.

The legislative framework

• ownership of the apartment above which the object is located;
• minutes of the general meeting and written permission for the privatization of the remaining owners;
• lease agreement, if any;
• permission for reconstruction, act of completion;
• cadastral passport;
• title documents for property.

Consent of neighbors

The consent of the neighbors must be in writing only. There must be authentic signatures, otherwise the applicant may follow the article.

Consent must be obtained from all owners. And if this happens on a rental basis, then you need to get only 2/3 of the votes.

Price

Free privatization does not apply to this property.

In any case, you will have to pay for obtaining title documents - 2,000 rubles, for a project - 15,000 and more.

What difficulties can be?

Difficulties can arise only with obtaining the consent of all owners. Despite the common house ownership, only the owners of apartments on the top floor can get the right to the object. And actually all tenants of the house can use the object.

There are also several technical limitations that do not allow reconstruction.

Illegal actions

Often, apartment owners who live on the upper floors consider the attic to be their property. But this is far from true. All neighbors have the right to use the property.

The attic is a property that belongs to the whole house, therefore, the owners of residential premises located in an apartment building can dispose of this room. As stated in one of the articles of the Housing Code of Russia, the rights of apartment owners are as follows:

• The owners of apartments located in a multi-storey building have a share in the right to own the common territory of an apartment building:
  1. Premises certain house located outside the apartments, and intended to serve several rooms of this building - stairs, elevators, inter-apartment landings, corridors, elevator shafts, attics, technical floors, basements where utilities and equipment are located that serve several rooms (technical basements );
  2. Other rooms in this house, which must belong to all owners, since they are necessary to fulfill the necessary needs of the social and living plan of the owners who were in the house of apartments. The territories inside the building are arranged to organize interesting leisure activities for adults, develop children's creativity, and also engage in physical education and sports;
  3. Roofs, all kinds building envelopes, electrical, sanitary, electrical, mechanical and other equipment located in a residential building in the interior of the premises or in close proximity to them, which serve several premises at once;
  4. The piece of land that located under a house and close to it, with landscaping items and planted plants;
• The owners of apartments in a multi-storey building own, use, and also dispose of ( within the law) common property.
• To decrease ( through reconstruction) the value of the common property of a multi-storey building, the consent of all apartment owners in the building is required.
• Part of the area or object of common property can be transferred, a document signed at the general meeting, to certain persons, if the life of the house and the rights of apartment residents are not violated.

The attic of an apartment building can become your property

Based on these provisions of the Housing Code of Russia: owners ( not tenants) apartments in a multi-storey building have their share of ownership in all common areas that do not belong to the living area. This list includes both basements and attics. Attics are considered the common property of all apartment owners, but only those owners whose apartments are located in the building on the top floor have the right to privatize it.

The owners of apartments located under the attic do not have a pre-emptive right of ownership, but if someone has a desire to rent or buy part of the attic, then he will first need to take the written consent of all the owners of the house. True, this person does not need to organize a general meeting at all. You just need to go around with a signature list all the apartments in the house.

If only one owner of the apartment decided to take up the privatization of the attic, he will need to: either register the attic area as a property ( buy or privatize), or collect documents for a long-term lease.

In the case when the applicant for the privatization of the attic plans to make an attic in this space, where he will equip a summer bedroom, an office or a greenhouse, then it will be enough to transfer the attic for free use collect signatures of 2/3 of those living in the house homeowners.

To rent or privatize an attic, the applicant will have to:

• obtain the consent of all apartment owners in the house for the purchase and their permission for the reconstruction of the attic;
• officially remake the technical documentation;
• formally register their rights to the property of this premises.

If the tenants of the house have revealed the illegal privatization of the attic, its unlawful re-equipment, they have the right to file a lawsuit in court, since they did not give consent and their rights to shared ownership were violated.

Residents can also sue in the case when the municipal authorities, without warning the apartment owners, leased the attic space to private companies.

Attaching the attic allows you to turn an ordinary apartment located on the top floor into a two-level apartment, which makes it possible not only to expand the living space, but also significantly increase the degree of living comfort.

This article will discuss how feasible the idea of ​​​​attaching an attic is, as well as the sequence of actions, the implementation of which should lead to the implementation of plans.

The meaning of the idea

The attic floor is built, as a rule, in private houses, but nothing prevents doing the same on the basis of the attic of a multi-storey building with a sloping roof (however, the roof can be flat, and even exploitable, if only the ceiling height allows). Usually, attics, being a technical room, which must be provided for in the design of the house, are not used by the residents of the house in any way and the usable area is idle. The exception is isolated cases when building materials left during the repair of the house and other items are stored on the attic floor.

In order to turn part of the attic into a living space, it is necessary to carry out redevelopment, during which the apartment on the top floor and the area directly above this apartment will be merged. As a rule, the technical part of the issue, although it requires certain (sometimes very significant) financial investments, is still feasible in many cases. But issues that relate to the organizational and legal part of the plan require time and patience, since their solution is more difficult, and in some cases, even with all the perseverance of the apartment owner, some obstacles cannot be eliminated.

So, joining a part of the attic space to the area of ​​​​the apartment on the top floor includes the legal, organizational and technical part of the issue. Let us consider in more detail the problems that may arise at each level of the implementation of the idea, as well as ways to overcome them.

Organizational part

The attic space is not a common area, but is the common property of the owners of the house (Article 36 of the RF LC), like other premises, utilities, roofs, etc. Therefore, in order for one or more apartment owners on the top floor to be able to use or to attach the attic area for their own purposes, the consent of the residents of all apartments in the house is required.

Such consent can only be obtained through a general meeting of tenants of an apartment building, since only the competence of the meeting is to make decisions on the repair, reconstruction of the house, various construction works, and the construction of additional structures (2 Article 44 of the LC RF).

In many cases, it is very difficult to obtain the consent of the owners to operate the common area. The reason for this is the complete lack of interest of residents in a positive solution to this issue. In addition, the motive for refusal may be the memory of past conflict situations that arose between a tenant applying for an attic and neighbors. Banal envy can also take place, because the rest of the tenants have no opportunity at all to expand their living space.

A constructive dialogue will help you make a positive decision - you can offer your neighbors to equip a parking lot near the house or equip a playground in exchange for concessions regarding the attic. However, do not despair if it was not possible to resolve the issue through a unanimous decision of the meeting of owners, since it is possible to use one of several methods, which will be discussed below.

Legal part

From a legal point of view, the use of an attic space as additional living space will be illegal even if the neighbors have no objections. The attic does not have the status of living space, so it is forbidden to live there. However, it is possible to master the area in the attic by arranging an attic room there (reconstruction of the attic), which, through redevelopment, joins the area of ​​​​the apartment and, after making changes to the documentation (state registration), will become living space.

In order to carry out construction work in the attic and subsequently live there, a basis is necessary, namely, square meters in the attic must be owned or used on a leasehold basis (gratuitous use). That is, the owner of an apartment on the top floor, who wants to add part of the attic area to the area of ​​\u200b\u200bhis apartment, can use one of the methods - take the attic area for a long-term lease (accept free use) or buy out this area.

In turn, according to the current legislation, the owners at the general meeting can confirm their consent to the following actions:

• Reconstruction of the attic with a reduction in the share of common property (or without reduction). In this case, a unanimous decision of all owners of the apartment building is required;
• Transfer of the attic space for rent (free use). In this case, according to Art. 46 of the Housing Code of the Russian Federation is enough for at least two-thirds of the owners to vote.

According to the chosen method of connection, it is necessary to conclude a lease agreement (transfer for free use, reconstruction) and register this agreement in the prescribed manner.

The procedure for the transfer of part of the attic space

If we are talking about the transfer of the attic to the property, all the stages preceding the transformation of the attic into an attic are carried out on behalf of the collective of owners. The procedure is quite laborious, but doable, the procedure is as follows:

• Making a decision (unanimously) of the owners on the reconstruction;
• Obtaining permission for reconstruction by the owners;
• Reconstruction (by the owners);
• Acceptance of the results of the reconstruction and commissioning of the attic space (by the owners);
• Transfer of the attic space, making changes to the technical documentation, registration of ownership.

In the case of the transfer of premises under a lease, everything is much simpler, after obtaining the consent of the owners, all actions are performed by the future inhabitant of the attic space. Therefore, the procedure is slightly different:

• Obtaining consent to the transfer of attic space for rent (free use);
• Signing a lease agreement and state registration of the document;
• Obtaining permission for the reconstruction of the attic area;
• Reorganization;
• Obtaining an act of acceptance and commissioning of the attic space;
• Making changes to the documentation (separately for the attic room).

Technical part

Before preparing documents for accepting attic space for rent or ownership, you need to find out whether it is possible to use the attic space as a living space from a technical point of view, and whether it is technically possible to carry out the work necessary for the physical connection of part of the attic.

In other words, you need to understand whether the work will affect the integrity of the building, whether there will be interference with the operation of engineering systems, whether access to them will remain, and also how the erected walls will affect the routes designed for fire evacuation (for residents of this and neighboring entrances) . If no obstacles to the redevelopment are found at this stage, you need to order a project, coordinate it and obtain permission for redevelopment.

The procedure for joining the attic space

1. Expertise

The first step is to order an examination, the purpose of which is to obtain an official conclusion regarding the absence of technical obstacles to the reconstruction of the attic. Such an examination is carried out by the bodies of the city administration of construction and architecture;

2. Title documents

Now it is necessary to take care of obtaining the relevant decisions of the general meeting of the owners of the apartment building and the execution of documents giving the right to obtain permission for the reconstruction and subsequent actions.

3. Create a project

After the conclusion has been received, and all the documents confirming the right to carry out the reconstruction have also been received, it's time to start preparing the reconstruction project. The production of the project is carried out by public and private design organizations that have the appropriate licenses. After manufacturing, the project must be agreed with a number of authorities, for example, for Moscow it is:

• Architectural management;
• State fire supervision;
• Mosgaz;
• Moskomarchitectura.

4. Obtaining permission

For permission to rebuild the attic, you should contact the city Housing Inspectorate with a list of documents:

• Agreed project;
• Technical passport for the apartment;
• Title documents (lease agreement, decision on reconstruction, etc.).

5. Carrying out work

During the work, it is necessary to strictly adhere to the project documentation, otherwise serious complications may arise at subsequent stages.

6. Acceptance of work and commissioning

Upon completion of construction work, it is necessary to obtain an act of completed work, on the basis of which the premises will be documented put into operation. This is done by the employees of the city Housing Inspectorate.

7. Changes in documents and state registration

The final stage will be the production of a new apartment passport (BTI) with the subsequent registration of property rights (if the attic area has become the property, Rosreestr). If the premises are accepted under a lease agreement (or for free use), it will be necessary to prepare documents and register a separate property (attic space).