Is it possible to get a mortgage for the purchase of an apartment with unauthorized redevelopment?

When choosing an apartment to buy with a mortgage, banks have strict requirements, one of which is legal redevelopment. The question arises: is it possible to get a mortgage with illegal redevelopment and what needs to be done to receive funds from the bank to purchase real estate?

Let's start with the fact that redevelopment in an apartment can be different, and when resorting to mortgage lending, the buyer must pay attention to the documentation for the apartment, in particular documents from the BTI (technical passport of the apartment, explication, etc.).

If on the BTI plan there are so-called red lines (the redevelopment is not legalized), then the bank will not approve the apartment for the transaction, because it may be that the redevelopment of the mortgaged apartment in its parameters violates the current legislation, and the costs of bringing the documents into compliance with the current the situation in the apartment, or the apartment in accordance with the current documents, are not known in advance. After all, a loan is issued against the security of an apartment using documents with the same parameters, but in reality everything is different. For example, they increased the living room at the expense of the common room, expanded the bathroom at the expense of the kitchen, dismantled the ventilation duct, as a result of which the total area of ​​the apartment became significantly larger, etc.

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Change of housing

A mortgage means that until your debt to the bank is fully repaid, the property is pledged to the bank.

This greatly limits the owner’s legal transactions with this property - until the mortgage is repaid, it cannot be sold, donated, or exchanged.

As for changing the configuration of housing, there are usually no restrictions on this procedure, that is, legally it is quite possible.

The main point in carrying out redevelopment is the consent of the bank, which should not oppose the planned transformations.

Unauthorized redevelopment is not only an illegal event for which the owner is punished with a fine, but also the cause of a possible conflict with the bank, which can bring the borrower much more trouble.

In the case of mortgaged housing, there can be no question of legitimizing changes already made.

The only redevelopment option is to obtain preliminary permits and approvals.

Legislation

The implementation of the redevelopment and reconstruction process is subject to the Housing Code of the Russian Federation.

Articles 25-29 of Chapter 4 contain the main issues of the legal conduct of these types of work.

Redevelopment with a mortgage is also carried out in accordance with the Housing Code, but an equally important document in this case is the agreement with the bank.

Currently, almost all banks that have a mortgage lending program have included a redevelopment clause in the agreement with the borrower.

Many people directly prohibit such actions. If you see such a clause in your contract, it will be impossible to circumvent it. You will have to wait until the loan is paid in full, and only then carry out the redevelopment in accordance with your plan.

But many large banks (Sberbank, VTB 24) are not at all opposed to the redevelopment.

However, they may have their own conditions regarding this process.

For example, Sberbank allows redevelopment of mortgaged housing if the cost of the apartment exceeds 1.5 million rubles. This is how Sberbank insures itself against unreliable borrowers, because a more reputable client is one who can afford expensive housing, even if he does not immediately pay the entire required amount for it.

Before issuing a permit, many banks want to make sure that the market value of the apartment after redevelopment will not be lower than that specified in the contract.

Therefore, a decision is made only after the apartment has been assessed after the proposed transformations.

What is unacceptable to redo

There are types of work that are unacceptable during redevelopment. Neither the bank nor the organizations controlling this process will agree to them.

Some of these works include, for example:

• glazing of balconies and loggias, if fire escapes are located on them;
• increasing the area of ​​balconies and loggias due to remote structures;
• moving heating radiators to loggias or balconies, installing “warm” floors on them;
• combining a kitchen with a gas stove and a room into one room;
• demolition of load-bearing walls;
• eliminating ventilation channels or narrowing their diameter;
• changing the functional purpose of the room (from a residential room to a non-residential one and vice versa).

All work that violates sanitary requirements, worsens the operating conditions of the building, or blocks access to public utilities is prohibited.

How bad it was

Maybe he'll give it a ride? Hope never left me. I read that some banks sometimes give mortgages for apartments with illegal alterations, if the supporting structures are not affected, radiators and “wet areas” remain in place. Having taken a plan from the BTI from the seller, I decided to assess the scale of the redevelopment.

Here are some examples of changes that are not worth even trying to evaluate and spending money on.

• The wall between the kitchen and the room was demolished. This is exactly the version of the spacious living room that I planned to wander around in a terry robe.
• The kitchen or bathroom has been moved. These are all wet areas that cannot be touched without approval.
• Communications have been moved. Gas, heating and water pipes must remain in place.

You can try to get an appraisal and get a mortgage if the changes are minor. For example, when:

• transforming ordinary openings into arched ones;
• demolition of partitions between living rooms (not load-bearing walls!);
• installation of heated floors that are not connected to a common network;
• equipping various niches in partitions;
• changing the location of switches and sockets.

But my seller tore down the partition between the kitchen and the living room! And he did all this without bothering himself with any approvals. Trouble.

Kinds

There are several types of redevelopment, each of which differs in the procedure for its execution.

• Redevelopment that does not require approval. If previously such types of work required permission, then from 2020 this is no longer necessary. Therefore, they can be carried out even in a mortgaged apartment, without informing either the bank or the controlling organization. This is glazing a loggia or balcony, installing an air conditioner on the facade of a building without cutting ducts for it from the outside, installing shower cabins, replacing equipment with similar technical parameters.
• According to the developed project. It is required if load-bearing walls are affected (for example, openings are made in them), utility networks, or the area of ​​the kitchen or bathrooms is increased at the expense of non-residential premises. This is a costly process. Both the project and its approval will be expensive for the borrower. But by providing the bank with such a solid document, executed in full compliance with all standards, the borrower can count on receiving permission from the credit institution.
• Redevelopment according to sketch. Also a winning option for agreement with the bank. If the changes are simple and do not violate legal requirements, then the bank will more easily agree to them. The sketch is drawn on the floor plan. The applicant himself can do this.
• According to a standard project. Not available in all cities. But if, for example, in Moscow, housing is bought on the secondary market, and the series of the house was made by MNIITEP, then it is quite possible that in the catalog of this organization there will be a redevelopment suitable for this apartment. The finished project will save money, and the bank will have no doubts about the safety of such transformations.

How to legally remodel an apartment with a mortgage

Unauthorized redevelopment brings many problems for the borrower. Therefore, if you are planning to make changes to the configuration of the apartment, then you should do this in accordance with the law, step by step.

Coordination with the bank

Coordination of redevelopment with the bank is a key point in this process.

Buying an apartment with a mortgage does not exclude changes in it until the debt is fully repaid, but not all banks support this idea.

Even before starting all actions, carefully study the contract and find a clause in it regarding redevelopment.

• If it is noted that it is prohibited, there is no point in starting to formalize it until your debt to the creditor is fully repaid. You will be able to carry out transformations when the apartment becomes your property without encumbrance.
• If the agreement specifies the possibility of redevelopment, then you should contact the bank with a request for transformation. It will be more likely to be approved if you provide a ready-made project on which you plan to carry out work.

But since the implementation of the project is an expensive undertaking, it would be useful to first consult with a credit institution about the possibility of redevelopment, and then prepare all the papers for consideration.

How to legalize redevelopment in a monolithic house? How to obtain permission to redevelop an apartment in Moscow? Find out here.

You will first need to enlist the support of an insurance company. The bank will definitely require written confirmation of her consent.

Review of an application for redevelopment by a bank is a paid service.

Its cost ranges from 2000 to 5000 rubles .

With an insurance company

The insurance company of the collateral property must also agree to the redevelopment.

After all, initially one object with a certain area and configuration was insured. Data on the area of ​​residential premises and some other parameters must be indicated in the insurance policy.

After redevelopment of an apartment, its living area and other characteristics may change, and along with them the cost.

Therefore, an appraiser is usually invited to determine the value of the apartment after renovation work on it.

These are additional costs for the owner of a mortgage home, but they cannot be avoided. It is also possible that he will have to make an additional payment under the insurance contract.

With neighbors

Coordination of redevelopment with neighbors is required in rare cases:

• if the work is planned in a communal apartment;
• if the renovation process affects common areas (corridors, staircases) or the façade.

The presence of consent from neighbors is not always considered by the authorities controlling redevelopment, but if one of the residents complains about unauthorized interference in the layout of common areas, then their initiator bears administrative responsibility.

Therefore, it is better to obtain the consent of the residents of neighboring apartments in advance to avoid conflict.

With other owners

The consent of other apartment owners is a mandatory requirement for redevelopment.

Each of them provides a document confirming that there are no complaints about the reforms.

How to legalize redevelopment in an apartment?

If you made a redevelopment, but did not legalize it. A technician is called. The redevelopment is agreed with it (if the redevelopment is done in permissible places), or not agreed upon (if the redevelopment is done in unacceptable places, such as moving a wet kitchen or bathroom).

READ ON THE TOPIC:

Prohibitions and permits for apartment redevelopment.
Where to contact? If the seller wants to legalize an uncoordinated redevelopment, for example, a wet spot was moved to the bedroom, then according to the law this is not possible and the technician will put red lines in the BTI, uncoordinated redevelopment.
This means that the seller cannot inherit it or give it away. It can be sold, but the certificate will contain an encumbrance : Unauthorized redevelopment. Now you can do a BTI without a technician, but if you suddenly flood your neighbors and they come to you to draw up a report, the state will find out about the redevelopment and the case may go to court.

If you do not have the first residential floor, then it is impossible to coordinate the transfer of the kitchen to the living room.

The most serious violations in redevelopment are usually:

• demolition of main walls
• changing the boundaries of bathrooms, unless it occurs at the expense of the corridor
• changing the boundaries of the apartment by creating extensions
• destruction of ventilation ducts
• transfer of water supply and sewerage to living rooms (to the corridor is acceptable).

Registration procedure

How to arrange a redevelopment if the apartment is under mortgage?

For these cases there is a procedure.

1. Carefully study the agreement with the bank , find the clause on the possibility of redevelopment.
2. Obtain the bank's consent to transform the apartment. Typically, the bank clearly limits the time frame for coordinating further actions; they range from 3 to 6 months. It is very difficult to meet this period on your own, especially if you need to complete the project and coordinate it with all authorities. The best solution in such cases is to contact an intermediary company.
3. Create a transformation plan. To do this, you need to obtain a floor plan of the building with an explanation and a registration certificate for the apartment from the BTI. If the changes are not serious, then a sketch will be enough. It is done in pencil on top of the existing plan. If walls and communications are affected, some rooms partially overlook the area of ​​others, then a project will be required, for which you should contact a specialized organization.
4. Agree on the project. It is not enough to complete the project; it must be coordinated with those authorities under whose control the proposed changes are located (Vodokanal, Gas Service, Fire Department, Electricity Network, SES, etc.).
5. Submit an application to the Housing Inspectorate. It is necessary to obtain written permission to carry out redevelopment according to the project or sketch.
6. Carry out repair work.
7. Contact the Housing Inspectorate to sign the completion certificate.
8. Complete the transformation at the BTI, obtain a new registration certificate.
9. Report to the bank and insurance company.

The bank determines the deadlines not only for approval, but also for the execution of work.

They are quite strict, but you must comply with them, otherwise penalties will follow.

In general, redevelopment in a mortgaged apartment is a little more complicated and costly than usual, but quite feasible.

Required documents

After receiving all permits and approvals, you should contact the Housing Inspectorate for permission to carry out repair work. The owner submits an application to this body in the prescribed form on a special form. A package of documents must be attached to it.

Here's what you need to provide:

• title documents for the redevelopment object with a copy of the agreement with the bank;
• project or sketch of redevelopment;
• package of project approvals with the competent authorities;
• bank consent;
• permission from the insurance company;
• technical conclusion on the possibility of transformations (not always required, necessary, for example, for old buildings);
• documentation from the BTI (technical passport, floor plan with explanation).

It is also quite possible to carry out redevelopment in a new building before receiving the property.
Now it is allowed to provide other available documents as title documents:

• agreement for participation in shared construction;
• permission to put the building into operation;
• act of acceptance and transfer of the apartment;
• developer permission for redevelopment;
• certificate of full settlement between the parties.

They are added to the rest of the documents listed above.

Price

The cost of various stages of apartment redevelopment with a mortgage can be found in the table:

Deadlines

Each step requires some time:

• making a sketch – 3-5 days,
• project completion – 2-6 weeks,
• consideration by the bank – 1-1.5 months,
• obtaining a registration certificate from the BTI – 10-14 days,
• coordination in residential areas inspections – 45 days.

The duration of repair and construction work depends on the volume, specificity and the ability to combine technological processes; the number of workers and their professionalism are also important.

Is it possible to do this without bank permission?

It is prohibited to carry out redevelopment in a mortgaged apartment without the bank’s permission.

This must be stipulated in the agreement with the credit institution. Don't think that this action will go unnoticed.

A complaint from neighbors about noise at an unspecified time is enough for the fact of illegal redevelopment to become known to the Housing Inspectorate and, accordingly, to the bank.

• You will not only have to pay a fine.
• At best, the bank may require the redevelopment to be legalized. At worst, return the property to its original appearance.

Other sanctions from the creditor may follow.

Is it possible to remodel a mortgaged apartment?

After spending a couple of hours on the Internet, I found out that it is possible to do redevelopment in a mortgaged apartment. But! This requires the consent of the bank. This is due to the fact that redevelopment is a risk for a credit institution. For example, you will find some brigade of ignoramuses that will destroy half of the apartment. And at this moment you will stop paying for the mortgage. The apartment is collateral. If the mortgager stops paying, the property is sold against the debt. And how much will it be possible to sell an apartment that was destroyed during an unsuccessful redevelopment? I think everything is clear here.

Spoiler: I managed to approve the redevelopment. The main thing here is to do everything right.

• Obtaining consent from the Moscow Housing Inspectorate. They asked me for a certificate of ownership.
• Writing an application to the bank with a request to approve the redevelopment. I wrote in free form. The application was accompanied by permission, which I received from the Moscow Housing Inspectorate. I asked them for a written answer.
• Performing redevelopment. Hired adequate specialists. I also didn’t want half the house to collapse after demolishing the wall between the kitchen and the living room. I did everything according to the project. Believe me, it’s better not to save money here.
• Registration of redevelopment in the Moscow Housing Inspectorate. A person from the acceptance committee will come and make sure that everything is done according to the project. If everything is fine, the inspector will issue a Certificate of Redevelopment Completed.
• Obtaining a new technical passport from the BTI. The Moscow Housing Inspectorate, apparently, is not an order for them. Therefore, simply the act is not enough. A person from BTI came, measured everything, and then I received an updated drawing in black lines.
• Receiving a new extract from the Unified State Register of Real Estate. It is best to do it through the MFC.
• Providing the bank with a redevelopment certificate.

No need to be cunning! Don't try to save money. Due to illegal redevelopment of a mortgaged apartment, you can receive at least a fine, and at maximum, you will have to return everything to its original condition. The saying about the stingy man who pays twice will definitely work here. And these are not the worst options! If you butt heads with the bank, it will terminate the contract with you. Then you can be left without an apartment at all.

Consequences of illegal actions

For unauthorized redevelopment, the legislation provides for various types of liability, depending on the consequences of this action.

Fines

The property owner is required to pay a fine if the fact of illegal transformations is discovered.

Its size is up to 2.5 thousand rubles .

Responsibility

If redevelopment, not formalized by law, entails consequences of a different nature, then other types of liability are provided:

• administrative - for violating the rights of other residents of the house;
• civil law – for violation of safety standards due to repair work;
• criminal - if unauthorized redevelopment resulted in collapses leading to injuries or death.

What not to buy

You should not purchase an apartment (either with or without a mortgage) in which illegal redevelopment has been carried out in violation of the law.

Even if the bank overlooks these violations, the entire burden of responsibility for this configuration of the apartment will fall on the shoulders of the owner (from fines to the need to bring it back to its original form).

If the redevelopment is illegal, but does not contain violations of building codes and requirements of housing legislation, then the bank may allow the purchase of such an apartment if the new owner undertakes to legitimize the changes regarding the technical documentation.

The process is expensive, so it's up to you whether to take on the additional burden on top of your mortgage.

Is it necessary to legalize the redevelopment of non-load-bearing walls? Is it possible to legalize redevelopment after renovation? Find out here.

Do I need to coordinate the redevelopment of non-residential premises? Read on.

Moreover, the bank will indicate certain deadlines by which it will be necessary to complete the legalization.

Redevelopment in a mortgaged apartment is quite possible and feasible.

It will be a little more expensive, and it will have to be done within the time frame specified by the bank. But this is a very real process, the practice of which already exists in our country.

What is unacceptable during redevelopment?

1. You cannot combine a living room or any other living room and a kitchen in which a gas stove is used for cooking, or move the kitchen into a bedroom or another living room.
2. During redevelopment, it is impossible to impede the access of services to utility networks and communications, valves and gate valves for general purposes.
3. It is impossible to completely destroy walls that are load-bearing
4. It is not allowed to increase the area of ​​the kitchen, bathroom or toilet due to the area of ​​the rooms.
5. And vice versa, you cannot increase the area of ​​​​living rooms at the expense of the kitchen or bathroom, as well as the toilet.
6. You cannot install radiators or install heated floors on balconies and loggias.
7. It is impossible to carry out work that affects the ventilation ducts, leading to their narrowing or blocking.
8. You cannot exit from the bathroom into the living room.

This question is one of the most common when remodeling apartments. In most cases, this is impossible to do, since current sanitary standards and regulations prohibit the placement of the kitchen area (which is a “wet” area) above the residential areas of apartments located on the floor below.

However, there are exceptions

Moving the kitchen into the room is possible in the following cases:

• if the apartment is on the first floor.
• if the apartment is located on the 2nd and higher floors, but provided that there are non-residential premises below.

With these redevelopments, in the first case, there will be no rooms at all under the kitchen, because this is the first floor (the basement is not taken into account). In the second case, current legislation allows the location of non-residential premises (the kitchen is classified as non-residential premises) above non-residential premises.

Redevelopment projects for moving the kitchen into the room that meet these conditions are successfully approved.

The Federal Reserve Registers documents with illegal redevelopment. Another thing is that for some potential buyers this circumstance will be important.

As in other apartments, redevelopment in a mortgaged apartment does not differ in principle by agreement from other redevelopments.