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The balcony glazing is a violation of the law?
specialists of the office of the "University" included in the group of companies "MIEL", which sells apartments and other real estate, lead interesting statistics. More than 95% of owners of residential property who performs glazing of balconies or loggias, are not even aware that they are violating applicable law. The fact that the glazing from the point of view of the law is the redevelopment (to be more precise – changing the facade of the building), and therefore requires design approval. One of the documents establishing the necessity of this event is the Moscow city Government decree dated 08.02.2005, № 73-PP. It says that to agree on the glazed balcony or loggia it is necessary based on the project, which, in turn, should be duly agreed upon.
Oleg Sukhov, a lawyer and leading lawyer "First Capital Law Center", agrees with the legislators. The glazed loggia or balcony changes the architectural appearance of the building, leading, moreover, to an additional burden on him. Work, in question, belong to the category of reconstructive, according to the expert, while emphasizing that any redevelopment (in particular, the balcony glazing) must meet fire, health, building and other standards.
The process of obtaining permission to perform glazing consists of the following stages, the conceptual design of the facade of the house, obtain the consent of the competent authorities for redevelopment, coordination with the architectural and planning division of the Prefecture. For those who decided to buy an apartment with repair, may be relevant to the Council adherence to the existing design of the house (said, in particular, means that the glazing must be performed in a common architectural style of the building). Another important step is the implementation of lighting calculations. With proper implementation of all the actions the CPS will issue a positive opinion, then the documents for alterations must pass Moszhilinspektsiya. Describes the procedure fair for those who owns an apartment in the center of Moscow or other area of the capital, and owners of real estate in other cities (can be changed only names of competent authorities).
You decide buy a house, a balcony which is glazed.? Examine the documents BTI: in the case that information about the glazing there is no need to legalize alterations done by previous owner. There is, however, another option – the uncoordinated dismantling of redevelopment (in our case – glazing).
Specialists of GC "MIEL" inform: the easiest (and therefore – often used) way of harmonization of redevelopment is the use of the sketch. The application in this case shall be considered within 45 days; when making a positive decision is made the order fixing the deadline for the implementation of redevelopment (usually not to exceed 4 months). Glazing works can be started only if there is a contract of supervision entered into with the HOA, by Death or by the management company. Upon completion of the redevelopment Commission signs the certificate of completion, after which the BTI performs the measurements and is the sea "black lines".
Another option for coordination is the work permit on the basis of the project. This procedure is more difficult and more expensive period of negotiation in this case could range from 5 to 12 months. Piecemeal redevelopment in accordance with article 7.21 of the administrative code punishable by a fine in the amount from 2 to 2,5 thousand rubles. Note that you can align the glazing is not in all cases – so, it is impossible to legalize alterations to the facade of the building which is a monument of architecture.