Luzhkov against re-planning
it is valid, authorised room reorganisations the very few. And access of inspectors to dwelling illegal perestrojshchikov was protected by the legislation. About real quantity and character of the re-plannings made Muscovites in last years ten, of city authorities can learn only now, with coming into force of amendments to the Law operating since 1999 “ About an order of a reorganisation of premises in apartment houses of a city of Moscow “. New edition of the law was signed by the mayor of Moscow Yury Luzhkov.
According to this document, inspectors have a possibility to supervise re-planning, getting acquainted with them is direct on a place. This norm on pain of imposing of the penalty by the employee of the State housing inspection and deprivation of the property rights with eviction through court should revive owners of apartments with doubtful security. If on them careful neighbours to whom the law offers such right in a voluntary order do not declare, and to perestrojshchikam check re-planning harmful to a building will be found out in BTI at official registration of papers on privatisation or apartment sale will not appear suddenly. So all the same architectural absurdities should be altered.
Certainly, it would not be desirable to leave inviolability of the dwelling. After all and on us can write the application. And at us can find something, let frivolous, but able to call altercations, penalties, bureaucratic red tape of registration, an expense. However to live in the safe house, to care of the family without fear for their life and health from - for careless neighbours it is more preferable.
Making comments on new re-plannings toughening rule edition of the mentioned law Yury Luzhkov it was voiced so: “ One tenant breaks out a main wall only to make an arch, for a minute without reflecting on how it is dangerous to all house. Another transfers a bath to a room where the floor is protected by nothing, and arranges an eternal torrential rain on heads of neighbours from below. The city has been urged to enter interdictions because it is a question of security of habitation “.
Muscovites can receive the Treasured permission to re-planning of the apartment much easier - in a mode “ one window “.
Earlier, about one month back, the Moscow town governor declared the beginning of more rigid struggle against those who spends illegal re-plannings in residential buildings. Then at session of the city government he has urged to make it a rule: All reports connected with re-planning if it influences capital bearing walls to direct to Office of Public Prosecutor. Luzhkov has characterised similar re-plannings in available housing as the serious tendency connected with danger of a collapse, and has declared that the Office of Public Prosecutor can find out risk degree when some a grief - owners for the sake of interior elements create threat for associates.
Certainly, new edition of the Law “ About an order of a reorganisation of premises in apartment houses of a city of Moscow “ and it follows from its name, at all has no especially prohibitive orientation. All essence in prompting of an appropriate order in this area. The law, have commented in Moszhilinspektsii, “ does not provide any interdictions for work on a reorganisation if they do not break the requirement building, sanitary - hygienic and ekspluatatsionno - the technical specifications operating for residential buildings, and also legitimate rights of other persons “ .
If planned actions, also have informed in Moszhilinspektsii, do not mention bearing designs of the house or obshchedomovye engineering systems, do not change its architectural shape, they can be shown on poetazhnyh plans without working out of the design documentation. And it will essentially reduce terms of registration of the permission as in such cases the preliminary coordination of planned actions with supervising bodies is not required.
About necessity of simplification and reduction of terms of procedure of the coordination of re-planning chief Moszhilinspektsii, already mentioned Alexander Strazhnikov (it, by the way, the author of the law discussed here) was voiced also. By its recognition, during action of former edition of the law it was found out that permission registration by a lawful way has been interfaced to some difficulties which, judging by practice, for many citizens have appeared excessive.
“ Some difficulties “ - Unduly soft expression of an essence of human drudgeries. By estimates of the edition, wishing to improve the living conditions an official way it was necessary to receive twenty documents and coordination, and even more and before half a year to go on instances. It is natural that the old regime frightened off people. But now the treasured permission can be received much easier - in a mode “ one window “. For this purpose the concept of the authorised body is entered into the law. Hand over there only the most necessary: the statement with an essence and duration of works, acknowledgement of the right to a premise, the consent of a house manager or the proprietor of the house, a copy poetazhnogo the plan and an explication from BTI.
Under the law, have informed in Moszhilinspektsii, duration of consideration by the authorised body of a question on possibility of the declared reorganisation should not exceed one month, including time for examination of design decisions. And the permission to carrying out of a reorganisation or refusal in its delivery should be made out within 10 days from the date of giving in enforcement authority of representation of the authorised body.
At the same time again accepted edition of the law on dwelling re-planning should call to order the Muscovites, wishing to make safe re-plannings. Having passed coordination in corresponding instances, having received necessary good and having started works, such enthusiast will be obliged not to intrude upon the reorganisation leisure of neighbours. The law it is forbidden to start to hollow - to destroy - to drill before 9 o`clock in the morning and to finish later 19. It is forbidden to make also works in Sunday and holidays to apply the equipment and tools, noise from koto - ryh exceeds specifications of admissible noise and vibration. It will be impossible to block up and pollute now building materials and a waste of a place of the general using at an entrance, and also to litter passenger lifts, carrying in them building materials and a waste unpacked. On infringers henceforth there will be a justice.
summing up, it is necessary to tell that turns in instances and the data of the private companies bear to some increase in number of the citizens wishing voluntary to legalise a reorganisation of the habitation. The further growth of check in " is predicted also; homemade products “. And it means that the law in a new wording, even more strictly ordering re-planning of apartments, already operates. Also it is possible to hope that soon pressing forward of the Moscow power to secure dwellings of Muscovites it will be carried out. We with you will sigh more easy: will be suspicions to the neighbours less.
And the last. Under the information received from Moszhilinspektsii, the special governmental order of Moscow on a discussed question is now developed. In the decision, according to the law, details interesting all of us will be registered. In it should be defined, a leah it is possible (and in what cases) to glaze balconies and loggias to establish peaks and external means, for example conditioners and satellite aerials... Exact date of an exit of the decision has not been named, but is very possible that it will appear till the end of current year.