Redevelopment of a loggia into a room or kitchen: how to coordinate and legalize the accession?

The construction of a balcony or an extension to an apartment in an apartment building, as well as the combination of a balcony, loggia with an apartment room, is a reconstruction of the building, as it involves partial dismantling of the external supporting structure of the building. In addition, as a rule, the construction of a balcony also involves the dismantling of the window sill space, and if the apartment to which the balcony is attached is located on the ground floor, then it becomes necessary to obtain the consent of the owners of the premises of the house to use part of the land plot for an extension (if the land plot is formed and is common shared property).

What is a balcony

In building codes and regulations 2.08.01-89, in the first attachment “Residential buildings” the definition of the concept and its analogues is indicated. Balcony, loggia, veranda, as well as their glazed versions - built-in or attached premises. The latter are not heated or illuminated by a circuit adjacent to the next room, and have no restrictions on dimensions, except for height. The verandas are adjacent to the building, the other two are built-in. A loggia differs from a balcony in the absence of a heating system or electric lighting. Each type has an enclosing and load-bearing common building structure in the project.

Caution - corrections!

Formal permission is possible (no reasons for refusal), but with some amendments. Before stocking up on building materials, carefully study their essence - maybe this is still the same refusal, but in a veiled form.

If you are given an order to comply with the architectural style of the entire building, everything is in order. Take care in choosing the cladding for your balcony that does not disturb the overall harmony of the house. Nowadays, with a wide selection of building materials, this is not a problem at all.

Sometimes the requirement concerns the size of windows - they should not differ from neighboring ones. You may be required to take steps to comply with plumbing codes. This is usually solved by installing an air conditioner.

Firefighters can issue an order prohibiting the use of flammable materials. But, I think, you yourself do not want to build a balcony made of boards or flammable plastic.

Total area of ​​the apartment

In accordance with the law, the total living area of ​​an apartment is the sum of the sizes of all rooms. The calculation also includes auxiliary premises that serve to improve living conditions. These include balconies and loggias. Built into an apartment building, they partly belong to the owners and are used by the latter for necessary needs.

The Housing Code includes auxiliary rooms in the total area of ​​the apartment when selling, increasing the value. This paragraph also concerns the fact of registration of living space. The Housing Code also stipulates other rooms involved in calculating the total size of the apartment:

An apartment may include more than one balcony, if provided for by the project.

The Housing Code (LC) proposes to call the size of an apartment “total area”. The indicator defining it in square meters is recorded in the technical passport of the corresponding premises. Employees of the technical information office, responsible for drawing up documents in which the area is indicated, are required to note the characteristics provided for by the project.

Important! The size of auxiliary premises depends on the coefficient that is used when calculating the area. For loggias it is taken equal to 1/2, and for balconies - 1/3. Using this parameter, the size of extensions is calculated so that they harmoniously fit into the appearance of the building, benefiting the tenant who owns them.

To create heating in an attached auxiliary room, you will need to contact the management company for permission. In such a case, you should remember that the balcony will be included in the heated area, for which you will need to pay money. According to housing legislation, unheated rooms are not included in the total area of ​​the apartment. Management companies may not take this factor into account and send inflated bills.

When the result is not satisfactory

The situation is a little worse when the issued order prohibits you from going beyond the red line. That is, your attached balcony on the first floor should not exceed by an inch the dimensions of your neighbors - those on top. After spending six months running around the authorities, it can be quite disappointing to get such a result. After all, in exchange for frayed nerves and funds spent on approvals and building materials, I would like to have something more than the standard 3 square meters.

However, the situation may turn out to be even worse - if you were allowed to build only on the condition that important communications be relocated. An individual individual (you) is not able to obtain permission and physically move a gas main or central sewer pipe. This wording is tantamount to a polite prohibition.

Balconies - common or personal property

Balconies, loggias and verandas are rooms attached to the main structure or built into the building that stand out from the general plane. They have a fence or glass wall installed that protects objects and people inside from external influences.

To determine the owner, two concepts must be separated. The base slab is a load-bearing structure related to the structure. It is one of the most important parts of an apartment building and belongs to the common property. The management company that maintains the building is responsible for its condition. If general technical problems arise, the management company’s task is to correct them.

Note! According to the Housing Code, foundation slabs supporting auxiliary premises are partially included in the common property of the house. This is due to their main functions - maintaining stability and increasing the strength of the structure.

At the legislative level, balconies and loggias are classified as common property, but sometimes the owner is recognized as the owner. This applies to situations in which the auxiliary is included in the residential. For ease of understanding, an analogy is used to characterize the adjacent room.

The consumer does not own the floor slabs - floor and ceiling, load-bearing structures - walls, since they belong not to one room, but to several. Each of them serves several apartments. This applies to the walls separating rooms - they maintain the integrity of several floors. The owner, when purchasing an apartment, acquires the following:

Important! Accordingly, each balcony slab is a common, although shared, part of the owners of a multi-story building. The decoration and items contained in it are the property of the residents. The last person is the person from whose room access to the balcony is available. The remaining structures are common property.

When paying for major or external cosmetic repairs of a building, the owner partially pays for the area of ​​each common room in the house. The balcony of an apartment building is common property, which explains the previous sentence. Other work: insulation, finishing, etc., are paid for personally.

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Room decoration

The room on the balcony requires special attention to decoration, so you should reserve time. You can begin finishing only after waterproofing and insulating the ceilings, walls and floors.

Floor finishing

The balcony flooring can be covered with wood, laminate, linoleum, tiles, and carpet. Like the entire balcony, before finishing, the floor must be cleaned of dirt, old materials, and dried. Then the insulating material is laid. The most profitable option is penofol.

Penofol will provide high-quality vapor and waterproofing

Next, the installation of skirting boards and laying of the selected coating is done. In general, finishing the floor will not take much time and can be done independently.

After installation, the wooden floor is covered with a special protective compound.

Ceiling finishing

For the ceiling, you should choose materials that meet the following requirements:

1. Ease.
2. Safety.
3. Resistance to moisture.

The simplest finishing option is plaster and painting. The mixture must be based on gypsum or cement.

First, old materials are removed and cracks are sealed. Then two layers of plaster are applied. After complete drying, the ceiling is sanded and covered with textured plaster.

Although painting the ceiling is considered the most budget-friendly finishing option, it requires careful preparation of the surface.

Other options:

• Wood trim is quite common. But for a better effect, you can trim the walls and floor with wood. The service life of a wooden ceiling, with proper care, is more than ten years.
• The ceiling can be made panel. This option is quite economical, but at the same time reliable. Plastic panels are easy to install yourself, have a huge range of designs and are moisture resistant. It is recommended to use panels only on the ceiling of the loggia.
• Expanded polystyrene boards. One of the most budget materials. Serves as decoration and a good heat insulator.
• Plasterboard sheets. You should choose moisture-resistant drywall, and after installing it, cover it with water-repellent paint.
• Stretch ceiling. This material is very practical, durable, and looks modern.
• Laminate. This material is not recommended for finishing the ceiling of a loggia, but it has good thermal insulation and can last a long time.

  
  Using laminate on the balcony you can create a stylish and modern interior

Wall decoration

The decoration of the walls of a residential balcony can be absolutely anything. A common option is regular painting. The type of finishing depends on your capabilities and the interior of the loggia you have chosen.

The advantages of painting are affordable cost and the ability to choose the color at your discretion

Popular materials are also:

• Decorative plaster. Requires wall leveling and soil laying.
• Ceramic tile. The advantages of this material are its moisture resistance and durability, as well as ease of maintenance.
• Tree. Coniferous wood is recommended, as it is inexpensive and makes the interior more interesting.

  
  Wall decoration with wooden lining is suitable for both warm and cold balconies

• Drywall. The only negative here is that the material requires additional finishing.
• Plastic panels. Cheap material that does not require special installation skills.

Having carried out all the listed measures to expand the apartment, you can confidently settle into a new room. The main thing in such a repair is attention to detail, then everything will go quickly and easily!

Is the loggia a living space?

Is the loggia a living space? The heating bill, which is calculated per square meter, also includes the area of ​​the loggia. Question two. Is the loggia required to be airtight, glazing from the developer.

The neighbors' radiators are placed on the loggia. Is this against the law? If this is legal, will there now be a loggia in the apartment according to the registration certificate? Or will it become a living space?

I have individual heating installed in my apartment. Is the loggia part of the living space if it is heated along with other rooms (previously, with centralized heating, it was not heated)? Is some kind of act necessary to recognize it as a residential premises?

I entered into a shared participation agreement in 2003 when the old housing code was still in force. According to the new housing code, according to Article 15, balconies and loggias, etc., are considered residential premises. Please tell me whether the new housing code applies to previously concluded equity participation agreements?

I have already asked a question with the following content: “My loggia is glazed with a wooden frame, but it leaks, water gets on the floor, the floor is tiled and waterproofed, the neighbors below connected the loggia with the living space. Water, apparently, somehow gets into the apartment through the balcony slab or along our frame. They have a plastic frame. Should I replace my frame and compensate my neighbors for the damage?” To which they answered:

"Good afternoon. Damage to the property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm. The person who caused the harm is released from compensation for harm if he proves that the harm was not caused through his fault.”

But, according to the Decree of the Government of the Russian Federation of August 13, 2006 N 491 in the rules for maintaining common property in an apartment building, paragraph c) Article 2. The common property includes: enclosing load-bearing structures of an apartment building (including foundations, load-bearing walls, floor slabs, balcony and other slabs, load-bearing columns and other enclosing load-bearing structures).

Is the floor of my loggia a balcony slab for which the management company is responsible?

There is a two-room apartment in common shared ownership with the right to use the rooms determined by the court and the division of personal accounts. I allowed residents into my room free of charge on the basis of a free use agreement. The co-owner, the ex-wife, wrote a statement of claim regarding the failure to interfere with the use of residential premises and the eviction of tenants, based on Articles 246 and 247 of the Civil Code of the Russian Federation, the court decided to satisfy the claim in full. Without taking my arguments into account and allowing me to present my arguments, nevertheless, I heard the representative of the plaintiff in full, even the arguments not related to this case. Can I challenge a court decision in a higher court based on Article 35 of the Constitution of the Russian Federation, paragraph 1. The right to private property is protected by law. P.2. Everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons.

In accordance with Art. 209 of the Civil Code of the Russian Federation, paragraph 1, the owner has the rights to own, use and dispose of his property.

P.2 The owner has the right, at his own discretion, to perform any actions in relation to the property belonging to him that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons, including alienating his property into the ownership of other persons, transferring it to them while remaining the owner, the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way.

In accordance with Art. 288 of the Civil Code of the Russian Federation, the owner exercises the rights of ownership, use and disposal of residential premises belonging to him in accordance with its purpose; residential premises are intended for the residence of citizens; a citizen who is the owner of a residential premises can use it for personal residence and residence of members of his family; residential premises can be rented out by their owners for living on the basis of an agreement.

In accordance with Article 289 of the Civil Code of the Russian Federation, the owner of an apartment in an apartment building, along with the premises occupied by him as an apartment, also owns a share in the ownership of the common property of the house.

In accordance with Art. 290 of the Civil Code of the Russian Federation, paragraph 1. Owners of apartments in an apartment building own, by right of common shared ownership, the common premises in the house, the supporting structures of the house, mechanical, electrical, sanitary and other equipment outside or inside the apartment that serves more than one apartment.

In accordance with Article 15 of the Housing Code of the Russian Federation, clause 1, the objects of housing rights are residential premises. Clause 2 A residential premises is an isolated premises, which is real estate and is suitable for permanent residence of citizens (meets sanitary and technical rules and regulations, other legal requirements.) Clause 5 The total area of ​​a residential premises consists of the sum of the area of ​​all parts of such premises, including the area of ​​auxiliary premises intended to satisfy citizens' household and other needs related to their residence in residential premises, with the exception of balconies, loggias, verandas and terraces.

In accordance with Article 16 of the RF Housing Code, clause 1, residential premises include: 1. A residential building, part of a residential building. 2. apartment, part of an apartment; 3.room. P.2 A residential building is recognized as an individually defined building, which consists of rooms, as well as premises for auxiliary use, intended to satisfy citizens’ household and other needs related to their residence in such a building. Clause 3 An apartment is a structurally separate room in an apartment building, providing direct access to common areas in such a house and consisting of one or more rooms, as well as auxiliary premises intended to satisfy citizens’ household and other needs related to their residence in such a separate room.

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What changes cannot be legalized when remodeling a balcony?

• elimination of the window sill block, which is part of the facade of the house;
• transferring the heating radiator from the dismantled wall to the balcony;
• redevelopment resulting in the width between the wall and the end of the balcony being less than 1.2 m;
• dismantling the threshold on the balcony, which is part of the structure for holding the balcony slab;
• violation of construction and sanitary standards, fire safety rules;
• an increase in the load on supporting structures that exceeds the permissible values ​​(heavy partition materials, placement of additional equipment, balcony floor screed, etc.).

Total and living area of ​​the apartment

In housing transactions, an important role is played by the exact determination of the area of ​​​​the objects. It directly affects the market value of real estate. The total living area is determined for the apartment.

Clarification of the general quadrature is necessary for the following purposes:

calculation of heating payments; statistical monitoring of construction volumes; preparation of technical documentation for the apartment; determination of the tax base (property tax); calculating the value of a property; taking into account the standard of living quarters when concluding a social tenancy agreement; calculating housing maintenance fees; calculation of social benefits associated with living in an apartment.

The footage of residential premises is determined for other purposes:

registration of a mortgage agreement with a bank; transactions with real estate - donation, purchase and sale; assessing sanitary and living conditions, for example, when considering the living conditions of a minor child.

The concept of total area is somewhat broader than the concept of residential area. It includes not only bedrooms and living rooms, but also auxiliary rooms - a kitchen, a bathroom. With balconies and loggias, everything is not so obvious and unambiguous.

What does the square footage of an apartment affect?

When purchasing a home, it is important to accurately calculate its square footage. This value affects such indicators as:

• final price of housing;
• amount of heating payments;
• the amount of land tax;
• calculation of the amount of housing tax;
• determining the amount of tax deduction;
• calculation of 1 m2 of housing during the procedure for relocating residents from a dilapidated building;
• determination of housing accounting standards;
• calculation of living space transferred under a social tenancy agreement;
• calculation of the amount of gratuitous social payments from the state budget.

Footage is also necessary when drawing up deeds of transfer, drawing up inspection reports for living spaces, drawing up an assessment report, and allocating rooms in dormitories. This indicator is required when drawing up a registration certificate for housing and during the redevelopment procedure. This parameter is always necessary when selling real estate.

Balcony and total area of ​​the apartment - legislative framework

To understand whether the loggia is included in the total area of ​​the apartment, you need to study several regulations. This is the Housing Code of the Russian Federation, Code of Rules “Residential Multi-Apartment Buildings”, Order No. 37 of the Ministry of Land Construction of the Russian Federation, Federal Law of December 30, 2004 N 214-FZ.

Housing Code on balconies and loggias

The current Housing Code contains a rule that does not cause ambiguity about whether loggias and balconies are part of the apartment.

However, why do people pay for the total square footage, including the balcony, when buying a home from a developer? After all, this is standard practice when contracts for participation in shared construction indicate clauses on the cost of housing, taking into account the square footage of these technical premises.

The fact is that the Housing Code of the Russian Federation regulates other legal relations. Their list is contained in Part 1 of Art. 4. For the most part, these are relationships regarding:

A completely opposite provision on the inclusion of loggias and balconies in the overall square footage of the apartment is contained in the Code of Rules “Residential Multi-Apartment Buildings” and the federal law on participation in shared construction.

Provisions of other legal acts

According to Appendix B (clause 2.2), supplementing SP 54.13330.2011 “Residential multi-apartment buildings”, the total area of ​​an apartment should be understood as “the sum of the areas of its heated rooms and premises, built-in closets, as well as unheated premises, calculated with reduction factors established by the rules technical inventory". The same Appendix states that the purpose of such a calculation is statistical accounting and that same technical inventory.

For practical use, an updated version of the document is needed

To clarify the reduction factors, SP 54.13330.2011 refers to the Instructions on accounting of housing stock in Russia, approved by Order of the Ministry of Land and Construction of the Russian Federation No. 37 of 04.08.98.

for cold storerooms and verandas - 1.0; for loggias 0.5; for balconies and terraces - 0.3.

It is easy to calculate the square footage of a loggia or balcony taking into account the coefficient. It is enough to multiply the actual footage of the room by it. Example: if the actual area of ​​the loggia is 6 square meters. m., then adjusted for the coefficient it turns into 3 sq. m (6x0.5=3). They will be taken into account in statistical accounting and technical inventory.

The same values ​​of the reduction coefficients are defined in Order of the Ministry of Construction of Russia dated November 25, 2016 N 854/pr (came into force on January 1, 2017). The purpose of their use in this case is to calculate the total reduced area of ​​living space when participating in shared-equity construction of an apartment building.

Reducing coefficients in shared-equity construction

The balcony and loggia may or may not be included in the footage of the apartment. This directly depends on the purposes for which it is calculated.

In shared-equity construction of apartment buildings, these auxiliary premises are included in the general quadrature, but with reducing coefficients. The corresponding provision is contained in the Federal Law of December 30, 2004 No. 214-FZ.

In paragraph 1 of Art. 5, the contract price in relation to a loggia, veranda, balcony and terrace is determined as follows: “the product of the unit price of the total reduced area of ​​such residential premises and the total reduced area of ​​such residential premises.” Moreover, the latter consists “of the sum of the total area of ​​the living space and the area of ​​the loggia, veranda, balcony, terrace with reduction factors.”

How do area reduction factors for balconies and loggias work in practice? If the developer sells an apartment of 50 sq. m (including a balcony of 6 sq. m) at a price of 50,000 rubles per sq. m. m, then its cost is 2,500,000 rubles. If we take into account the coefficient, the balcony footage is reduced to 1.8 square meters. m, and the price is up to 2,410,000 rubles, respectively. The amount saved is noticeable for the buyer and can be used for personal needs or renovation work in the apartment.

Calculation of quadrature taking into account the reduction factor

Balcony on the first floor: asking price

What to do if official permission was never achieved? People born and raised in our country do not need to explain further actions. Everyone knows that officials exist so that it is possible to reach an agreement with them.

So, you have to look for a mediator who will help solve the problem. Firms officially engaged in such activities are now a dime a dozen. They are most often organized by experienced lawyers with experience and connections in government structures. But such intermediaries will ask you for an amount several times higher than the official price of the permit.

How much does it cost to add a balcony on the first floor? The appetites of such intermediaries are somewhat lower in the periphery (about 1.5-2 thousand “greens”) than in the center, large regional or federal cities (from 3 to 7 thousand). The most lenient prices are in villages and small towns - you can get by with a thousand “conventional units”. If we are talking about the capital, then when you find out how much a balcony on the first floor costs, you will be horrified - the amounts may turn out to be simply prohibitive, comparable to the cost of full-fledged housing in a remote region.

Legal relations with the developer

cost of 1 sq. m; square footage of the apartment taking into account the reduction factor; the final price for the apartment.

The general square footage specified in the contract must also be checked with the technical documents provided by the developer. This is important not only for saving money, but also for further registration of ownership and obtaining a technical passport for housing.

If, before registering property rights, you saw that in the transfer and acceptance certificate of the apartment a loggia or balcony was included in the total area, contact the BTI. Based on the Housing Code of the Russian Federation, they will make the appropriate calculations, with which it will be possible to obtain a certificate of ownership without fear.

If, when participating in shared-equity construction of an apartment building, reducing coefficients were not applied, you can go to court. There are many cases in judicial practice when the developer had to return to the buyer the money overpaid “for the balcony”. In some of them, the plaintiffs' demands for moral compensation were also satisfied.

Arguments of an experienced lawyer (advocate)

The actions of a lawyer are in most cases predictable, but everything depends on many factors involved in the case:

1. did you contact the administration;
2. how the work carried out is reflected in the contract with the construction organization (reconstruction or redevelopment of residential premises);
3. Are there any expert opinions that the strength of the load-bearing structures is not compromised, and that an unauthorized balcony does not pose a threat to life and health.

Proceedings in court are a matter that depends on many factors.

In addition, when preparing the statement of claim and documents to substantiate the claims, the lawyer will definitely consider the question that the judge will ask him: why didn’t the owner of the property bother to obtain permission before starting construction? “I didn’t know, I thought it was possible,” etc. explanations won't do.

Advice: If the balcony on the facade of the house was not provided for in the design documentation, then the designers had good reasons for this.

Therefore, it is worth stocking up on their conclusion before the start of the trial.

Extension in the form of a balcony

There are also some nuances with balconies on the first floors, built on the area adjacent to the house:

1. a balcony of this type is not a suspended structure;
2. the court recognizes it as an extension to the house;
3. as a result there will be a violation of the status of the land plot;
4. the percentage of permits for the transfer of occupied land into ownership is very small. Most often, owners of extensions in the form of balconies are required to pay land rent.

Video: legal consultation

There are no contradictions in the regulatory legal acts of the Russian Federation regarding the inclusion of a balcony in the total area of ​​the apartment. They only differ in the purposes of the corresponding calculations.

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Comments

I hope I was able to answer the question that plagues many people: is the area of ​​balconies, loggias, terraces included in the total area of ​​the apartment, and also whether the area of ​​the balcony is included in the payment for utilities.

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Who and how to fight

If you are refused with the wording of an alleged possible distortion of the architectural appearance of the house or the entire area, it can be difficult to challenge this. After all, civil servants-architects know better! We will have to take measures to peacefully resolve the issue, which we will discuss below.

If utility workers object, citing the proximity of communications (water, gas, electric or sewer), try to figure out the issue yourself. Of course, when your balcony on the first floor is less than 2.5 m away from, say, a sewer well, there is nothing to argue about.

If the reason is pulled out of thin air, without confirming it with specific numbers, it’s a different matter. To do this, you will need to do your own research and become familiar with the regulations.

When the obstacle is just a lack of consent from neighbors, this is the easiest option. Most often, such issues are resolved at the district commission. Although in exceptional cases the case may go to court.

Does the area of ​​the apartment include a balcony?

Citizens often wonder about the inclusion of balconies in the total area of ​​the apartments they purchase. There are contradictions in the legislation regarding this point. Controversial issues are associated with different statements of standards in the Housing Code and SNiPs. At the same time, the issue of calculating living space is important when the buyer needs to register an apartment. The final cost depends on the correct calculation of the living space. Also, how much a citizen will ultimately pay for utilities depends on the footage.

Tools, materials - let's start construction!

Is it possible to do without involving construction companies and crews entirely? If you are one of those who trust only themselves and have construction knowledge, then it is quite possible to make the second floor yourself!

What tools will you need:

• marking and measuring instruments: spirit level, tape measure, plumb line, markers,
• power tools: screwdriver, drill and bits, grinder and set of wheels,
• auxiliary tools: hammer, pliers, hacksaw,
• spanners,
• welding inverter, brushes with metal bristles, protective mask for welding.

Depending on the chosen design, the list and quantity of materials will change - this is obvious, but I will still present an approximate list for you to review: lumber, support poles, cement, fine crushed stone and building sand, metal profiles and related materials, hardware and fasteners .

SNiP standards for balconies

The provisions regarding the calculation of living space are regulated by SNiP dated 2003. There are also separate rules in the technical regulations adopted under the Law of December 30, 2009, designated 384-FZ. This law is considered a priority.

Some points regarding the calculation of living space sizes are contained in the Instructions adopted by order of the Ministry of Land Construction, number 37, dated August 4, 1998.

How is a balcony calculated in the total area of ​​an apartment according to SNiP

SNiP does not contain precise instructions regarding whether a balcony is included in the total area of ​​the apartment. In clause B.2.2 of the Appendix to SNiP 2003 there is a definition of the total area of ​​the dwelling. It includes heated and unheated rooms. The latter includes the balcony area along with loggias. In this case, the footage of unheated zones is calculated with a reduction factor.

In paragraph 3.37 of the Instruction, number 37, it is stated that the total area of ​​housing includes the footage of its premises, as well as balcony space and loggias. Verandas, storage rooms and terraces are also taken into account. The size of these premises is calculated using a reduction factor.

The 2nd Appendix to SNiP under number 2.08.01-89 also states that the total living space includes not only the area of ​​the premises, but also balcony areas and loggias. The latter are also taken into account according to approved reduction factors.

Important! Building regulations regulate that balcony areas and loggias are included in the total living space.

Does the balcony belong to the residential part of the apartment?

SNiP distinguishes between the total living space of apartments and their living area. All SNiPs indicate that the housing area includes only premises where heating is installed, as well as the footage of all residential and auxiliary areas, but without balcony areas and loggias. The latter are classified as unheated areas of apartments. Also, Instruction number 37 does not include unheated premises as a residential area.

Attention! Current SNiPs in Russia do not classify balcony areas and loggias as living space. It includes only rooms.

What will definitely be denied upon approval?

When deciding to reorganize your living space, the owner will definitely be denied approval for the redevelopment in the following cases:

• extension of the loggia beyond the level of the wall of the building facade;
• creation of an additional balcony (if the apartment is located on the second and subsequent floors);
• reduction of the side walls of the loggia;
• removing the threshold (when dismantling a window sill wall);
• dismantling lintels above the opening (they are load-bearing structures);
• removal of the battery to the loggia area.

Need to know! When approving redevelopment, it is imperative to provide a thermal calculation document to the authorized inspection. That is why complete combination of the balcony and the kitchen is impossible, since the balcony is considered a cold room, and the kitchen is considered a warm room.

Article 15 of the Housing Code of the Russian Federation

This law contains the concept of residential premises. It is understood as an isolated type premises classified as real estate. Moreover, it will be considered residential if people can live in it.

This law also specifies what is included in the total living space. This is stated in Art. 15 of the law, namely, in part 5. According to the Housing Code, the total footage of a residential premises includes the sum of the areas of its parts. It also includes auxiliary premises. The exception is balcony areas, loggias, as well as terraces and verandas.

Note! The residential complex does not include balcony spaces and loggias among the total living space.

Is combining a balcony with a room considered a redevelopment by law?

When combining a room and a loggia, you should know what is considered the main prohibitions when remodeling:

• According to the law, it is considered illegal to remove radiators from rooms or provide additional outlets from them;
• It is not allowed to insulate floors by connecting the system to central heating.

Insulation must meet fire safety standards. When combined with a room, it is considered acceptable to install electric floor heating.

Before carrying out the reconstruction, the main requirement is the preparation of preliminary calculations on the thermal properties of the apartment after the merger. Complete demolition of partitions is often unacceptable. In panel houses, the glazed window unit can be dismantled, but the panel itself cannot be removed. With any remodeling, doors must be installed to separate the two areas from each other.

Contradictions between the RF Housing Code and SNiP

There is a discrepancy between the requirements contained in SNiPs and the Housing Code. According to the first, the area of ​​balcony premises is taken into account as part of the total living space, but with the mandatory inclusion of a reduction factor; according to the second, balcony areas do not belong to the general footage of apartments.

SNiPs regulate the relationships that arise between shareholders and builders of apartment buildings (MKD).

Construction companies, when selling apartments, are required to evaluate their footage together with balcony rooms, taking into account the reduction factors provided for them. They will affect the cost of all housing.

Housing complexes regulate only those relationships that arise between home owners and management companies. For this reason, the residential complex does not include balconies with loggias among the general footage of apartments.

Important! The residential complex has the status of a federal law. Its legal force is higher than that of SNiPs. Despite the obvious contradiction of these acts, citizens, developers and management organizations must be guided by the provisions of the Housing Code of the Russian Federation.

Therefore, one should rely on the fact that balcony rooms are not part of the total footage of the home.

Don't quarrel with your neighbors!

Finally, do not forget about the written consent of the neighbors. This requirement is stated in Article 36 (paragraph number 6) of the Housing Code of the Russian Federation and is due to the fact that the territory adjacent to an apartment building is considered public property.

You won’t need to go around and call absolutely all the apartments, don’t worry. The same article allows you to limit yourself to the written consent of the owners of apartments bordering yours. Namely, those living on the sides (through the wall from you) and directly above you.