Attic without permission. Do I need to decorate the attic in a private house. What documents are required for the construction of an attic
A year ago, residents of house 12 on Frunzenskaya Embankment noticed that some work had begun in their attic. When asked what was happening there, the workers answered simply: "Repair of the roof." Allegedly, the residents of three apartments on the top floor - 18th, 41st and 72nd - decided to repair the roof at their own expense. The management company helped them in this. It quickly became clear that the repair of the roof here was not limited: the workers began to build a two-story attic, from which a breathtaking view of the Cathedral of Christ the Savior, Red October and Gorky Park would open. The general entrance to the attic was blocked and put on round-the-clock security by employees of the private security company.
The house has a protected status - it is a facade stalinka, built in the fifties according to the project of architect Grigory Yakovlev; apartments in the house were given out to military intelligence officers after the war. Employees of the Department of Cultural Heritage found out that the apartment owners did not have any permits for dubious construction, and the piece of paper that the workers were waving had no legal value. The department ordered to stop work and even went to court, but the case never came to a meeting. Outwardly, work seems to have stopped. Only, as it turned out later, all this time they were simply carried out inside the attic: there they demolished floors and wooden beams supporting the roof.
Photo: Archnadzor
Why officials and police failed to do anything
On July 11, 2014, construction cranes and several trucks with building materials drove up to the house: despite the order of the department, the owners of three apartments decided to continue work. Day and night, builders brought in materials, unloaded trucks, demolished the old and built the new. As local resident Alexei Denisov says, he alone wrote more than 20 statements to the police, and there were also appeals to the Moscow Housing Inspectorate, Mosgorstroynadzor, the prefecture of the Central Administrative District, the State Inspectorate for Real Estate and even the Ministry of Emergency Situations. Complaints did not bring any results: officials sent dissatisfied residents from department to department, they did not take real action. In the meantime, work continued: about 30-40% of the roof had already been dismantled, residents of the upper floors complained of constant roof leaks. There were clashes with the workers, even fights. The police shrugged their shoulders and advised the locals to "stuff their faces" themselves.
Scheme: "Arhnadzor"
Fight on your own
Without waiting for help from the authorities, the residents of Frunzenskaya Embankment decided to act on their own. Together with municipal deputy Alexandra Parushina, Muscovites organized rally in defense of the house, which was visited by the head of the municipal district Dmitry Basharov and journalists from several TV channels. The story received a response: the prosecutor's office and the commission for unauthorized construction finally became interested in the superstructure of the house. The city hall learned about the attic on Frunzenskaya Embankment. As a result, the initiators of the construction were ordered to dismantle the superstructure, with which the workers managed in three days. Not only the residents of the house, but also the police were finally able to get into the attic. The builders, like their bosses, quickly disappeared. An administrative case has already been opened against the developer, now we are talking about a criminal institution.
Who decided to build a two-story attic in the center of Moscow
As Aleksey Denisov told Gorod, all three apartments on the top floor found new owners in 2012. In fact, no one settled there. Nevertheless, according to the documents, the apartments still have owners. The 41st apartment is owned by a certain E.V. Ushakov, from whom a representative, Elena Ulanovskaya, came during the proceedings. According to her, the owner of the apartment is located in South America, so he cannot control the process of building an attic. The Bolshakov family is registered in the 72nd apartment - a husband and wife born in 1936, whom no one has seen in person either. Son Konstantin Bolshakov speaks on behalf of the ghostly old people. The fate of the 18th apartment is completely responsible for the Gazprom Energo Garant company, although it is owned by a certain I.V. Kononenko.
Who is actually responsible for the construction is unclear. According to the municipal deputy Alexandra Parushina, the construction managers are not registered as a legal entity. Nevertheless, they spoke of themselves as a big company. “They boasted to us that this was not their first work. What on their account are the attic at Bolshaya Molchanovka, 17, on Leninsky Prospekt and several other objects in the center. They were especially proud of Molchanovka: the house stands on Novy Arbat, on the government highway, and there no one even bothered them, ”says Denisov. In addition, according to Denisov, the attackers have repeatedly reported on their patrons in Gazprom and the presidential administration. The company also willingly shared its plans: as municipal deputy Alexandra Parushina says, the builders reported that such attics would appear on all houses on Frunzenskaya Embankment.
Nevertheless, some company names appear in the documents. So, on a fake building permit, Global-Stroy LLC, an office specializing in repairs, is indicated as the contractor.
Fighting attics
Speaking about the attic on the entire embankment, the builders were not cunning. In the early 1990s, an additional floor in the attic grew near house 36. For many years, the inhabitants of the house failed to bring anyone to justice.
In early August, Mosgorstroynadzor fined SK ProjectSpetsStroy LLC 1 million rubles for an illegal attic on Sevastopolsky Prospekt (by the way, Gazpromneft-Center LLC, a subsidiary of Gazprom, is also involved there). On September 22, it became known that the authorities had prepared documents for the courts on 20 illegal attics on the roofs of residential buildings in the center of Moscow, at three more addresses the district courts had already supported the demolition, and two cases were pending. In particular, two houses on Novoslobodskaya Street - 14/19, building 1, and 62, as well as house 3a, building 2, in Bolshoy Zlatoustinsky Lane, will lose superstructures.
Photo: Alexey Denisov
After a court order, the owners of illegal apartments under the roof are required to demolish the squatter within two months. Often this does not happen, and litigation continues.
Is it possible to legally equip yourself with an attic on the roof of your house in Moscow? Can. To do this, the owner must submit a town-planning conclusion on the superstructure project, coordinate the project with the BTI, register the premises where construction is underway, and submit the superstructure project. If the house is considered a historical building, then the project must also be coordinated with the Moscow Department of Cultural Heritage.
Photo: Alexey Denisov
Now what?
The inhabitants of the house at 12 Frunzenskaya Embankment, despite the victory over lawlessness, have not yet got better. The workers dismantled their superstructure on the orders of the authorities, but part of the roof was left without a roof. In addition, the attic is littered with building materials. According to the law, the initiators of the construction, that is, the owners of the three apartments, must settle all these problems, but they are in no hurry. According to Denisov, if the unfortunate neighbors do not put the roof in order in the near future, the city will put their apartments up for auction, and the proceeds will be used to restore the house.
We have a semi-detached, brick house with our neighbors, with a common foundation and a common roof, privatized and separate. The house is 40 years old. In June 2013, the neighbors, without asking our consent (permission), either verbally or in writing, sawed the roof in half and began to build their roof across, that is, to build an attic. The roof over our apartment was covered with corrugated board two years ago. On the third day of this construction, we turned to the district administration, to the head of the administration of the Kamensky district, Altai Territory. The head of the district, having found out all the illegality of the construction of the roof, sent the chief architect of the district to the construction site on the same day. inspection, prosecutor's office, court. We applied to all of the above bodies and received the relevant documents, but the neighbors finished their construction with short breaks and did not listen to anyone or anything. At the first court session, the judge demanded from our neighbors design and technical documentation and permission, to which they replied that they did not have any documents. The following meetings were attended by the chief architect of the district and the lawyer of the district administration, the chief architect of the district in his speech called the violations committed by our neighbors (defendants), but the judge said that she could not decide on the decision, because a technical expertise was needed and added that as the examination decides, it will make such a decision. We (the plaintiffs) went to meet her and ordered an examination. And now it has already passed, submitted to the court, and court hearings are scheduled for mid-January. But, having read and studied this examination (I also have a higher technical education), it is clear even with the naked eye that it practically shields the roof of the neighbors, but what we have inside the apartment on both sides (from the side of the bedroom and the hall, just at the junctions roofs) since August, the walls have been getting wet from top to bottom, wallpaper is coming off, rain water is pouring through all the windows on both sides (and the floor slabs are concrete, which can, under bad circumstances, pose a threat to life, since on the walls on both sides of the house the cracks only increase) and on our land plot, it erodes the central sewerage pipe, and now there is a mountain of snow on the roof, which in the future will simply crush our roof. The expert saw all this when he arrived, but nowhere is it said about it, but on the contrary, he writes how well and efficiently the roof of the neighbors was made. So, at the next, probably at the last meeting, they will decide that everything is fine and our neighbors built their attic roof in accordance with Russian legislation and did not violate anything, but our neighbors’ attic roof has been causing us real harm since the summer? But then what about the documents that we were given by the Housing Inspectorate, the prosecutor's office, the administration, but what about the violation
The house on Frunzenskaya Embankment is an architectural monument, it was filmed as a supporting role in the film "Three Poplars on Plyushchikha". The building was built in 1951, the architect Yakovlev did not plan an attic. But the owners of the upper apartments decided to radically change the design of the house: they removed the roof and exposed the apartments from below, now rain is a natural disaster for them.
Three attic invader trials - zero progress. However, even a court decision does not guarantee a happy ending.
It was decided to demolish the attic in Kalashny Lane more than a year ago. The owner is the famous artist Nikas Safronov, and his brother lives there. The brothers-artists were able to insist on a re-examination, which recognized the redevelopment as legal and somehow did not take into account the cracks in the ceiling and walls of the neighbors below. Lawyers for the residents of the house have filed an appeal and hope that the court will make a decision in accordance with the law, and not in accordance with the name of the artist Safronov.
The epic continues with the attic in Bolshoi Kozikhinsky Lane. Back in July, the court decided to demolish it at the expense of the owners, gave them three months to do it. However, they filed an appeal, and for some strange reason, they appointed it as much as the end of February next year. Meanwhile, the cracks in the famous "Lynx House" have already reached the bottom.
The owners of the attic obviously once did not enter an architectural university. Attaching an additional tower to their fortress is not a problem for them, it does not come out from above - you can do it from the side. And so there are ugly giant balconies. This week, even the Supreme Court had to explain: any redevelopment without documents and the consent of the neighbors is illegal. But the slogan "if others can, why can't I" is still invincible.
Lawyers believe that those who spit on the court's decision can only be squeezed by increasing fines and blocking travel abroad.
“There should be no pity or attempts to understand these owners. We should not think about how much this extension, repair, how it will affect the financial well-being of people who arbitrarily, unauthorized completed something,” says Artem Kiryanov, the first Deputy Chairman of the Commission for Public Control and Interaction with Public Councils of the Civic Chamber of the Russian Federation.
The most ruthless to unauthorized architects in Europe. Demolition at own expense, no compensation, every day of delay - a fine. In England, 30 thousand pounds will have to be paid to the treasury, which is more than 2 million rubles. Any step needs to be coordinated - in Switzerland, even a window frame cannot be repainted just like that.
The boom of illegal balconies and attics came in the 90s, as with other squatters - stalls and pavilions. And it is not the balconies that need to be rebuilt, but the consciousness of enthusiastic designers.
Now the supervisory authorities are actively discussing a complete moratorium on any changes to houses within the Garden Ring. Ancient buildings may not last until the end of litigation for the next attic.
The Department of Cultural Heritage of Moscow sued the owner who built an illegal attic over his apartment in a historic building - the House of Polar Explorers. The Archnadzor movement called this case a precedent, explaining that for the first time the court ordered the owner of the apartment to dismantle the illegal attic. Prior to this, only office buildings were able to get rid of such buildings.
"Residential building of Glavsevmorput" on Nikitsky Boulevard, known as the House of Polar Explorers, will get rid of the illegal attic built on by the owner of one of the apartments. On February 21, the Department of Cultural Heritage of the City of Moscow managed to win the court, according to which the owner of the apartment is obliged to remove the illegal building within three months.
The department said that the House of Polar Explorers is a monument of history and culture. This is an apartment building, one of the owners of which decided to build an attic for himself. The new building appeared without permits.
The department emphasized that as a result of construction work, the integrity of the perception of the monument was distorted and gross damage was caused to the cultural heritage site.
“This house, known to every Muscovite and in general to every educated person, was seriously damaged in the form of an ugly and rough superstructure, which is also visible from many, almost postcard, Moscow points - Nikitsky Boulevard and Novy Arbat,” said the adviser to the head of the department of cultural heritage Nikolai Pereslegin of Moscow. “This is a real contempt for both the law and morality, which will continue to be suppressed by the most stringent measures within the framework of the current legislation.”
Nikolai Pereslegin emphasized that the House of Polar Explorers is one of the iconic examples of the Stalinist Empire style. To achieve a decision to dismantle the dissonant attic, according to him, was not easy and this is an important victory.
After the decision comes into force, the owner will be obliged to demolish the attic within three months, as well as restore the roof, which should correspond to the historical appearance of the monument.
The House of Pasternak was freed from the illegal attic Earlier, GZT.RU reported that the authorities had achieved the demolition of the illegally built attic at the Pasternak House in the center of Moscow. ", the owner of the building. Under the guise of repairing the roof, an attic floor of more than 200 square meters was added to the house. m, which was then obtained ownership. Since 2003, ownership has been transferred to Consul M LLC, which in 2007 reconstructed the attic and again increased its area to 385.2 sq. For several years, Moskomnasledie (the previous name of the department of cultural heritage of Moscow) tried to cancel the acquired ownership of the attic and sought to return the building to its historical appearance. Litigation has dragged on since 2002. In December 2009, the Moscow Arbitration Court satisfied the requirements of the Moscow Heritage Committee.
A clear illustration of what architectural monuments turn into built-on attics Source Lala Morozova
Unauthorized attic is a typical situation for Moscow
The victory of the Department of Cultural Heritage of Moscow is very important, since for the first time it was possible to sue the owner of the apartment for unauthorized construction, said Natalya Samover, coordinator of the Arkhnadzor movement.
“This is a fairly typical situation for Moscow, when a rich person buys an apartment on the top floor of a historic building and then builds an attic with the help of not very clear procedures,” she explained. “The options can be different. From complete arbitrariness, when builders are simply hired and built. And before such situations as in the House of Polar Explorers, where the defendant, the landlady, did this, she referred to the fact that she had permission from the Moscow Housing Inspectorate to redevelop and reorganize the attic premises.
Natalya Samover said that in court the department of cultural heritage involved the Moszhilinspektsiya as a third party to find out how the illegal project could be resolved.
“They were asked the question in court:“ You agreed on the project, and then your specialists accepted the work directly on the spot, didn’t something bother you? we couldn’t have come up with such horror that a citizen would start building something up. "And to the judge’s direct question, did you notice that an attic had appeared, and they said that we didn’t know, maybe she used to be there . Although, it is quite obvious that the attic is new."
The Archnadzor coordinator said that officials had previously only won against owners of office buildings, who also erected illegal attics.
“This is very important, for the first time we managed to sue a citizen who managed to make an illegal attic in an apartment building,” Natalya Samover explained. “There were cases when the owner of an office building “corrected” an entire mansard with an attic. And cases when a person builds on his own apartment are very common. From the practice of Archnadzor, I can name several addresses - Bolshoi Afanasevsky Lane, 22 and Bolshaya Nikitskaya, 31. There are historical houses that are monuments. And there, too, people by hook or by crook build themselves attics. Moreover, on Bolshaya Nikitskaya it is also dangerous, cracks have gone through the house"