Our balcony has been expanded by 30 cm. Are we obliged to legalize its expansion? And if not, then on the basis of what law?

Life experience suggests that every attempt by a citizen to improve their living conditions is associated with incredible bureaucratic red tape. How to get through this stage with the least losses?

“I plan to enlarge my balcony. Now my balcony is 8 meters long; to the sides it is not possible to lengthen it. But what about extending it to the street? Is it realistic to do all this? And is it legal? There is already a project to increase the balcony space. But I don’t know if any permits are needed? ” - someone Dima_88 asks a question on the forum on apartment renovation.

Obviously, such questions have repeatedly occurred to many owners or tenants of apartments in houses with balconies or loggias. And it is also interesting in view of the fact that there is still no sufficiently developed case-law for an unambiguous answer to it. Nevertheless, let's try to identify the main "pitfalls" that a person may come across when trying to solve this problem on their own.

Do I need permission to glaze a balcony and loggia?

The glazing of the loggia and balcony, according to the majority, is not a difficult manipulation. Many law-abiding citizens do not even think about whether it is necessary to coordinate the glazing of the balcony.

It should be noted that domestic legislation has not developed a clear regulatory framework that would regulate the glazing procedure. Those. there is no law on glazing of balconies as a single document in which you can get an answer to all your questions.

Currently, you can be guided by the following regulatory documents:

Housing Code of the Russian Federation; Material prepared for the site www.moydomik.net
RF Code of Administrative Offenses;
RF legislation on fire safety;
Resolution “On the approval of the Rules and norms for the technical operation of the housing stock” dated September 27, 2003 No. 170 (regulates the removal of the cornice, low tide, etc.);
Decree of the Government of the Russian Federation of April 25, 2012 N 390 Moscow "On the fire regime";
GOST 25697-83;
GOST 26633;
SNiP 31-01-2003 (developed on the basis of the document SP 54.13330.2016);
SNiP 2.08.01-89.

Obviously, not all area of an apartment and a house has the same legal status.

So, according to Art. 15 h. 4 LCD RF:

As you can see, balconies and loggias are not part of the living area. Thus, you need to decide what constitutes a balcony and a loggia. SNiP 31-01-2003 contains definitions that reveal the essence of the concepts of "balcony" and "loggia".

Therefore, if they are glazed, insulated, and heated there, then they can be used as living quarters. The definition of living quarters is contained in Art. 15 h. 2 LCD RF.

Therefore, when planning the glazing of a balcony, one must remember that in the overwhelming majority of cases, it is required to obtain a permit for glazing a balcony in an apartment building.

Is the glazing of the balcony a redevelopment of the apartment?

Referring to Art. 25 of the RF Housing Code, which contains definitions of redevelopment and reorganization, it can be noted that:

Thus, both types of measures for making changes to the balcony require changes to the technical passport of the dwelling, i.e. require permission to glaze a loggia or balcony.

Referring to another regulatory act, namely, to the clarification of the Ministry of Construction of the Russian Federation dated 04/03/2006, we can say that:

It turns out that permission is not required for glazing that does not entail a change in the purpose of the room and the destruction of load-bearing foundations. The exception is the balcony extension by more than 300 mm. behind a parapet or load-bearing wall.

Comparing the provisions of these two regulatory documents, it is impossible to say unequivocally whether it is necessary to take a permit for glazing a balcony and to what extent it is possible to carry out its transformation (glazing, insulation, removal) without permission.

How much is it allowed to increase the living space?

If you are planning to remodel your old balcony, then it is easier to draw up documents in this case than when creating a new balcony. By law, the expansion of the balcony is possible without paperwork if the additional area is no more than 30 cm. Of course, 30 cm is very small and many people choose the option with a permit. The best option for obtaining additional living space is to increase the area by 50-100 cm.If you take out the balcony along the windowsill by 30 cm, then this will visually greatly increase the area, however, in order to put a sofa or table there, this will not be enough.

When the balcony is expanded by more than 30 cm, then this is a redevelopment, therefore it must be documented.

When is the approval of the balcony glazing required?

There are a number of cases in which obtaining a permit is mandatory, these include:

increasing the load on the base plate or other supporting structures. This aspect is relevant for Khrushchevs, Stalin's buildings, old buildings and those buildings in which the floor slab is in an unsatisfactory condition;

permission to glazing a balcony with a take-out. If the removal (expansion) is carried out along the slab or more than 300 mm along the parapet (removal along the windowsill);

blocking access to fire escapes, which were installed on balconies in buildings of the 80-90s model;

a significant change in the degree of illumination in the room. Sometimes, as a protective structure, not double-glazed windows are installed on the balcony, but walls are erected from foam concrete or plastic lining (siding or other facing materials) is mounted;

changing the facade of the building affects the interests of neighbors and causes their displeasure (Art. 4. LC RF);

the need to sell real estate. In this case, the data from the technical passport and the actual condition of the housing will be compared;

the need to use real estate as collateral when obtaining a loan.

The most interesting thing in judicial practice, when trying to legitimize an illegally glazed balcony, the court does not always make the same decisions, appealing to different regulations.

Therefore, today, companies that carry out the installation of glazing on the balcony and give a guarantee for their work are guided by the rule that an increase in the balcony / loggia by less than 300 mm can be done without approval.

In all other cases, including the removal of the balcony on the ground floor, it is required to have a permit on hand before planning the arrangement of additional space.

However, you need to know how to get permission in all other cases.

The procedure for increasing the area with your own hands

Any of the possible ways to increase the area of the balcony involves a preliminary design. The exact dimensions will help determine the amount of materials needed.

Increasing the area of the balcony without the involvement of specialists is a difficult undertaking, but feasible.

By following the step-by-step guide, you can make the support structure yourself.

Stages of work

Preparatory work consists in cutting off old metal structures.
The installation of a new one begins with the manufacture of brackets from corners and metal strips.
They are attached to the parapet with the corners outward using long anchors. For reliability, a connection is made to the wall. To evenly distribute the load between the wall and the parapet, the bracket is deepened by at least 15 cm.
On the floor, the brackets are welded to the spacer pipe, this is the edge of the new base.
The base of the floor is mounted under a concrete screed or underfloor heating system.
Railings or glazing guides are welded.
A crate is made around the perimeter of the railing.

After the construction of the frame, it is sheathed with finishing materials from the outside, then glazing is done. The final stage of work is interior decoration.

If low carbon steel is used, anti-corrosion treatment is carried out immediately after the end of the welding work. The reliability of the structure depends on the quality of protection.

How to get a glazing permit?

The full procedure for obtaining a permit, as well as possible grounds for refusal, are governed by Articles 26-29 of the RF LC.

What you need to consider when glazing a balcony with a take-out:

the mood of the neighbors. It would seem, why do you need to interview neighbors when it comes to glazing and / or taking out a private balcony. But because, according to Art. 4 of the Housing Code of the Russian Federation "reconstruction and redevelopment of residential premises, control over the safety of the housing stock, compliance of residential premises with established rules and regulations" is regulated by housing legislation.
Since the balcony is considered part of the facade, it is part of the common property, which is managed on behalf of all residents. You can get permission from tenants at a general meeting of apartment owners. And you need to get the majority of votes. The issue is especially acute when the planned expansion takes up a significant part of the area of the adjoining land;
Note. If the expansion of the balcony leads to the appearance of cracks, cracks in the walls, residential and non-residential premises, a decrease in the clearance, then the court will oblige to eliminate the defects and dismantle the balcony.

the historical or cultural value of the home. Due to their special value, the city authorities rarely agree to make changes to the facade of houses from the historical fund;

departmental bureaucracy (collection, receipt and provision of certificates, acts and other documents).

Recommendations

Of course, a lot of documents need to be collected in order to expand the living area of an apartment and not break the law. Therefore, many owners have resorted to a slight expansion of the balcony so as not to have problems with the law and not spend large sums of money on the restoration and construction of the foundation. Of course, the redevelopment can not be legalized, but over time, tenants may have a lot of problems, and this is especially important if in the future they want to sell their apartment. The biggest problems in the absence of documents arise when registering an inheritance, so it is advisable to think about it before starting construction work.

Related article: The cost of repairing a turnkey balcony

What documents are required for glazing?

You can find out what documents you need to provide for the approval of the glazing of balconies and loggias in Art. 25 LCD RF.

Analyzing an extract from the code, we can conclude that in order to obtain a permit, the following documents must be prepared:

redevelopment application;
documents confirming the ownership of the apartment;
balcony project. It is ordered from a design organization (licensed) or an architectural bureau of the city;
letters confirming the consent of the neighbors of adjacent apartments (most of the apartments, for taking out the balcony on the first floor).

Sometimes you may need to attach the following documents to the main package:

photographs of the facade where the balcony is located, which is planned to be expanded;
technical passport of the apartment and building. Ordered at BTI.

Way out

In some cases, it is possible to expand an apartment without occupying a land plot, thereby avoiding additional paperwork.Usually, the balcony is made in the form of an extension to the house, however, it can be made in a suspended way, thereby reducing the number of approvals.

The second way out of a difficult situation is to contact specialized legal companies, which will carry out all the redevelopment approvals for a fee.

Where can I get a permit?

To agree on the glazing of balconies, it is not enough to collect the necessary documents, you also need to know where to get permission for glazing a balcony and a loggia.

The entire package of documents is submitted to the Housing Inspectorate. If the project is not rejected, then together with the issued permission it “wanders” further down the chain of command. You will need permission from administrative and supervisory authorities, in particular:

Home management company;
State expertise;
Rospotrebnadzor (SES);
State Fire Inspection (regional department);
Department of Cultural Heritage (if the house is recognized as an architectural monument).

You can obtain permission to glaze a balcony in Moscow or St. Petersburg by contacting the "single window service", at the district office of the BTI or the Moscow Housing Inspectorate.

With a successful combination of circumstances, you can get permission to glaze a balcony in a month.

UK allows glass replacement, but only in one specific company

This option carries certain risks and financial costs.

It so happens that dishonest employees of management companies will meet halfway and agree on the replacement of glazing only if you contact the "right" company that provides services for glazing loggias and balconies. At the same time, their price tags are 20-40% higher in comparison with similar companies operating without such preferences. Naturally, this additional financial burden falls on the shoulders of the customer.

There are a couple of points to understand here:

The Criminal Code does not have the right to impose the services of a particular company.
The Criminal Code is not a legislative body. On the contrary, it is a tenant-hired organization that should help, not hinder. If the owner of the apartment wants to do something that does not contradict the law, then the Criminal Code has no right to interfere.

If you are "lucky" to live in a house under the control of such a management company, then by agreeing to the services of a specific contractor imposed on you, you may face both additional costs and often controversial quality of installation. Such "balcony companies" are created specifically for quick earnings. Reputation doesn't matter to them.

What if your management company imposes on its contractor?

Our advice is this: if the management company does not meet halfway to agree on the glazing of the balcony on your terms, ask for an official paper with the seal of the organization. As a rule, after this, the imposition ends and the Criminal Code ceases to interfere with your legal requirements.

Prohibition of glazing

The reasons why a refusal to permit glazing is possible are spelled out in Art. 27 LCD RF

Based on the article of the Housing Code, we can conclude that refusal is possible in such cases:

the historical value of the house;
dilapidation of the structure; Material prepared for the site www.moydomik.net
unacceptable interference with load-bearing walls (if the interference can lead to the destruction of load-bearing walls);
the likelihood of damage to communications when taking out the balcony;
incorrectly developed project;
lack of proper documents.
submitting the project to the wrong authority.

The refusal is drawn up and registered in the BTI, which is notified to the person who submitted the application within three days.

Work on the removal of the balcony on the slab can be started only after the design has finished successfully, and not at the stage of wandering through the authorities. Otherwise (if permission is not received before the start of construction work), the removal of the balcony or an extension will be declared illegal.And an unauthorized building is subject to demolition (with some exceptions) by the owner himself or by the executive services.

The consequences of unauthorized reorganization are spelled out in Art. 29 of the Housing Code of the Russian Federation and Art. 222 of the Civil Code of the Russian Federation "Unauthorized construction".

At the end of all work, it is necessary, according to Art. 29 of the RF LCD to draw up an act of the acceptance commission. The certificate is drawn up in two copies, one of which remains in the hands of the owner of the property and serves as a confirmation of the legality of the actions performed.

Note. Even in case of obtaining permission, it should be remembered that central heating radiators cannot be taken out onto the balcony or a warm water floor connected to the central highway must not be made, therefore the issue of heating must also be resolved separately.

Illegal balcony glazing

Responsibility for violation of the legislation regarding the glazing of balconies and loggias is provided, but it all depends on a number of factors.

Practice shows that this area is poorly controlled by the state, and many owners of out-of-reach balconies do not have permission to expand them.

However, it should be remembered that it is possible to use an extension or an extended balcony for a long time, but it will not work to sell, exchange or inherit an apartment without new documents. Plus, neighbors can write a complaint and the outcome of the decision is unknown.

What will be the unauthorized glazing?

If a standard glazed loggia in an ordinary nine-sixteen-story building rarely attracts attention, then the significant removal of the balcony glazing is striking, which means that any glazing made without permission without permits is punished:

a fine of 2-2.5 thousand rubles. (Article 7.1 of the Code of Administrative Offenses of the Russian Federation);

the requirement to dismantle the glazing (Art. 29 KZh RF);
by compulsory sale of housing (Article 29 of the RF LC). For the proceeds, the elimination of the consequences of redevelopment is carried out, and the remaining amount is paid to the former owner of the property.

Note. As experts explain, such a decision can be made if the glazing and the removal of the balcony caused significant damage to the supporting structures of the building, which cannot be eliminated solely by dismantling the glazing.

Note that there are also exceptions. In particular, paragraph 4 of Art. 29 of the RF LC contains information that an unauthorized glazed balcony can be legalized "retroactively". Namely:

Thus, we can conclude that the glazing of the balcony and even more so its removal is not regulated by one specific document, but by a whole package of regulations, each of which contains information that regulates part of the process.

Moreover, the provisions are often mutually exclusive or conflicting. However, it is best to know the procedure for obtaining a permit and the possible reasons for refusal before starting work.

Installation of the supporting structure

The height of the parapet and the width of the stem are determined.
Right-angled triangles (kerchiefs) are made of a profile pipe, the sides of which will be a shelf of an extension and a stand of a parapet. Their number depends on the length of the fence.
The balcony railing is cut with a grinder.
The profile is laid along the edge of the balcony, aligned horizontally in level and welded to the embedded metal parts left over from the cut-off fence.
Gussets are set on the profile with an acute angle and tacked by welding. With the help of a level, their vertical position is checked and adjusted, after which the kerchiefs are finally welded.
Two profiles are welded to the edges of the gussets.
The structure is fixed to the wall with anchor bolts through the holes drilled in the uprights.
All metal parts are primed and painted.

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