The answers given are quotations from laws and other documents in force on the territory of the Russian Federation.
Note: Current laws and other documents may be amended, supplemented, or repealed, and new laws and documents may be introduced; therefore I recommend checking that the cited documents and quotations are still in force!
What are redevelopment and reconstruction?
1. Reconstruction of a dwelling is the installation, replacement, or relocation of utility networks, sanitary, electrical, or other equipment requiring an amendment to the technical certificate of the dwelling.
2. Redevelopment of a dwelling is a change in its configuration requiring an amendment to the technical certificate of the dwelling. (Housing Code of the RF (of 29.12.2004 No. 188-FZ), Article 25 “Types of Reconstruction and Redevelopment of a Dwelling”).
Which principal laws and other documents on reconstruction and redevelopment are in force on the territory of the RF?
Housing Code of the RF (of 29.12.2004 No. 188-FZ), Chapter 4. Reconstruction and redevelopment of a dwelling.
Code of the RF on Administrative Offences (of 30.12.2001 No. 195-FZ), Article 7.21. Violation of the rules for the use of dwellings.
Regulation on Recognizing Premises as a Dwelling, a Dwelling as Unfit for Habitation, and an Apartment Building as Unsafe and Subject to Demolition or Reconstruction (approved by Decree of the Government of the RF of 28 January 2006 No. 47)
SNiP 31-01-2003 “Residential Apartment Buildings”. Sections 4. (clauses 4.1, 4.4 — 4.9, 4.16, 4.17), 5, 6, 8 (clauses 8.1 — 8.11, 8.13, 8.14), 9 — 11.
List of national standards and codes of practice (parts of such standards and codes of practice) the application of which on a mandatory basis ensures compliance with the requirements of the federal law “Technical Regulations on the Safety of Buildings and Structures” (approved by Order of the Government of the RF of 21 June 2010 No. 1047-r).
Which standards and codes of practice are mandatory?
1. The Government of the Russian Federation shall approve the list of national standards and codes of practice (parts of such standards and codes of practice) the application of which on a mandatory basis ensures compliance with the requirements of this Federal Law.
4. National standards and codes of practice included in the list specified in part 1 of this article are mandatory, except in cases where design and construction are carried out in accordance with special technical conditions. (Federal Law “Technical Regulations on the Safety of Buildings and Structures” of 30 December 2009 No. 384-FZ, Article 6.).
Grounds for reconstruction and (or) redevelopment.
1. Reconstruction and (or) redevelopment of a dwelling shall be carried out in compliance with the requirements of the law upon approval by the local self-government body (hereinafter — the approving body) on the basis of a decision adopted by it. (Housing Code of the RF (of 29.12.2004 No. 188-FZ), Article 26).
Consequences of unauthorized redevelopment (conversion).
3. The owner of a dwelling that has been reconstructed and (or) redeveloped without authorization, or the tenant of such a dwelling under a social tenancy agreement, is obliged to restore such dwelling to its previous condition within a reasonable time and in the manner established by the approving body.
4. On the basis of a court decision, a dwelling may be retained in its reconstructed and (or) redeveloped condition if this does not violate the rights and lawful interests of citizens or does not create a threat to their life or health.
5. If the dwelling in question is not restored to its previous condition within the period specified in part 3 of this article and in the manner established by the approving body, the court, upon a claim by that body and provided that no decision under part 4 of this article has been adopted, shall decide:
1) in respect of the owner, that such dwelling be sold at public auction, with the proceeds from the sale of such dwelling paid to the owner less the costs of enforcing the court decision, and with an obligation imposed on the new owner of such dwelling to restore it to its previous condition;
2) in respect of the tenant of such a dwelling under a social tenancy agreement, that this agreement be terminated, with an obligation imposed on the owner of such dwelling, who was the landlord under the said agreement, to restore such dwelling to its previous condition. (Housing Code of the RF of 29 December 2004 No. 188-FZ, Article 29).
Fine for unauthorized redevelopment.
2. Unauthorized redevelopment of dwellings in apartment buildings — shall entail an administrative fine on individuals in the amount of two thousand to two thousand five hundred rubles. (Code of the RF on Administrative Offences of 30.12.2001 No. 195-FZ, Article 7.21).
How is reconstruction and (or) redevelopment of a dwelling completed?
1. Completion of reconstruction and (or) redevelopment of a dwelling is confirmed by an acceptance committee report.
2. The acceptance committee report shall be sent by the approving body to the body or organization that keeps the state register of real-estate objects in accordance with Federal Law "On the State Real Estate Cadastre«.(Housing Code of the RF of 29 December 2004 No. 188-FZ, Article 28).
Dwelling, residential house, apartment, room, ancillary premises.
4. A dwelling is isolated premises intended for citizens to live in, constituting real estate and fit for habitation.
5. The following are recognized as dwellings:
a residential house — an individually defined building consisting of rooms as well as ancillary premises intended to meet citizens’ household and other needs related to their residence in it;
an apartment — a structurally separate premises in an apartment building, providing direct access to common areas in such building and consisting of one or more rooms as well as ancillary premises intended to meet citizens’ household and other needs related to their residence in such separate premises;
a room — a part of a residential house or apartment intended for use as a place of direct residence of citizens in a residential house or apartment. (“Regulation ...”, approved by Decree of the Government of the RF of 28 January 2006 No. 47).
Apartment building.
6. An apartment building is a set of two or more apartments that have independent exits either onto a land plot adjoining the residential building or into common areas in such building. An apartment building comprises in itself elements of the common property of the owners of premises in such building in accordance with housing legislation.
Not permitted for use as dwellings are ancillary premises, as well as premises forming part of the common property of the owners of premises in an apartment building. (“Regulation ...”, approved by Decree of the Government of the RF of 28 January 2006 No. 47).
Kitchen and bathroom (WC, bath, shower). Placement.
24. Placement of a WC, bathroom (shower room), or kitchen above rooms is not permitted. Placement of a WC or bathroom (shower room) on the upper level above a kitchen is permitted in apartments arranged on 2 levels. (“Regulation ...”, approved by Decree of the Government of the RF of 28 January 2006 No. 47).
9.22 Placement of a WC and bathroom (or shower room) directly above habitable rooms and kitchens is not permitted. Placement of a WC and bathroom (or shower room) on the upper level above a kitchen is permitted in apartments arranged on two levels. (SNiP 31-01-2003).
Areas (dimensions) of dwellings and ancillary premises.
20. The spatial layout of dwellings and their arrangement in an apartment building, and the minimum area of rooms and ancillary premises intended to meet citizens’ household and other needs related to their residence in dwellings (except the entrance hall and corridor), must allow for the placement of the required set of furniture and functional equipment with due regard to ergonomic requirements. (“Regulation ...”, approved by Decree of the Government of the RF of 28 January 2006 No. 47).
5.6 The dimensions of habitable and utility rooms of an apartment are determined in relation to the required set of furniture and equipment, placed with due regard to ergonomic requirements.
5.7 The area of rooms in apartments specified in 5.3 shall be not less than: a habitable room (room) in a one-room apartment — 14 m2, a common living room in apartments with two or more rooms — 16 m2, a bedroom — 8 m2 (10 m2 for two persons); a kitchen — 8 m2; a kitchen area in a kitchen — dining room — 6 m2. In one-room apartments it is permitted to design kitchens or kitchenettes with an area of not less than 5 m2.
The area of a bedroom and kitchen on an attic floor (or a floor with sloping enclosing structures) may be not less than 7 m2 provided that the common living room has an area of not less than 16 m2. (SNiP 31-01-2003).
Room height.
22. The height (from floor to ceiling) of rooms and the kitchen (kitchen-dining room) in climatic regions IA, IB, IG, ID and IVa shall be not less than 2.7 m, and in other climatic regions — not less than 2.5 m. The height of in-apartment corridors, halls, entrance halls, and mezzanines shall be not less than 2.1 m. . (“Regulation ...”, approved by Decree of the Government of the RF of 28 January 2006 No. 47).
5.8 The height (from floor to ceiling) of habitable rooms and the kitchen (kitchen-dining room) in climatic regions IA, IB, IG, ID and IVA shall be not less than 2.7 m, and in other climatic regions — not less than 2.5 m.
The height of in-apartment corridors, halls, entrance halls, and mezzanines (and under them) is determined by the conditions of safe movement of people and shall be not less than 2.1 m.
In habitable rooms and the kitchen of apartments located on an attic floor (or upper floors with sloping enclosing structures), a ceiling height lower than the standard is permitted over an area not exceeding 50 %. (SNiP 31-01-2003).
Non-through rooms.
5.9 Common living rooms in 2-, 3- and 4-room apartments of the housing-stock buildings specified in 5.3, and bedrooms in all apartments, shall be designed as non-through rooms. (SNiP 31-01-2003).
Room equipment.
5.3 In apartments provided to citizens with regard to the social housing-area standard in buildings of the state and municipal housing stocks, the following shall be provided: habitable rooms (rooms) and utility rooms: a kitchen (or kitchenette), an entrance hall, a bathroom (or shower room) and a WC (or a combined bathroom), a storage room (or a built-in utility cupboard). (SNiP 31-01-2003).
5.10 The rooms of apartments specified in 5.3 shall be equipped as follows: the kitchen — with a sink or washbasin, as well as a cooking range; the bathroom — with a bathtub (or shower) and a washbasin; the WC — with a toilet with a cistern; the combined bathroom — with a bathtub (or shower), a washbasin, and a toilet. In other apartments the composition of room equipment is established by the client-developer.
A combined bathroom is permitted in one-room apartments of buildings of the state and municipal housing stocks, in other apartments — according to the design brief. (SNiP 31-01-2003).
Combined bathroom.
5.10. ... A combined bathroom is permitted in one-room apartments of buildings of the state and municipal housing stocks, in other apartments — according to the design brief. (SNiP 31-01-2003).
Relocation and reconstruction of the bathroom.
19. In a reconstructed dwelling, when the location of sanitary units is changed, measures shall be taken for waterproofing, noise and vibration isolation, and provision of ventilation systems for them, and, where necessary, the floor slabs on which the sanitary-unit equipment is installed shall be strengthened. (“Regulation ...”, approved by Decree of the Government of the RF of 28 January 2006 No. 47).
6.8 When reconstructing residential buildings with a change in the location of sanitary units, the corresponding additional measures for waterproofing, noise and vibration isolation shall be carried out, and, where necessary — strengthening of the floor slabs on which the equipment of these sanitary units is to be installed. (SNiP 31-01-2003).
9.27 To ensure an acceptable noise level, sanitary fixtures and pipelines shall not be fastened directly to inter-apartment walls and partitions enclosing habitable rooms, ..." (SNiP 31-01-2003).
10.6 Access shall be provided to the equipment, fittings, and devices of the building’s engineering systems and to their connections for inspection, maintenance, repair, and replacement.
Equipment and pipelines shall be fastened to the building structures in such a way that their serviceability is not impaired in the event of possible movements of the structures. (SNiP 31-01-2003).
Fireplace.
8.7 A fireplace may be designed in an apartment on the top floor of a residential building, on any level of a multi-level apartment occupying the highest position by height in the building. (SNiP 31-01-2003).
Insulation of balconies.
9.3 In the thermal engineering calculation of enclosing structures of residential buildings, the indoor air temperature of heated rooms shall be taken as not less than 20 °C. (SNiP 31-01-2003).
9.18 The external enclosing structures of a building shall have thermal insulation, insulation against infiltration of outdoor cold air, and a vapor barrier against diffusion of water vapor from the rooms, ensuring:
- the required temperature and the absence of moisture condensation on the internal surfaces of structures inside the rooms;
- prevention of excess moisture accumulation in the structures.
The difference between the indoor air temperature and the surface temperature of external-wall structures at the design indoor air temperature shall comply with the requirements of SNiP 23-02. (SNiP 31-01-2003).
Ventilation and other engineering systems.
13. Engineering systems (ventilation, heating, water supply, drainage, lifts, and the like), equipment and mechanisms located in dwellings, as well as those forming part of the common property of the owners of premises in an apartment building, shall comply with sanitary and epidemiological safety requirements. The ventilation system of dwellings shall preclude the flow of air from one apartment into another. Not permitted is combining the ventilation ducts of kitchens and sanitary units (ancillary rooms) with habitable rooms. (“Regulation ...”, approved by Decree of the Government of the RF of 28 January 2006 No. 47).
9.5 The ventilation system shall maintain the purity (quality) of air in the rooms and the uniformity of its distribution.
Ventilation may be:
- with natural supply and extract of air;
- with mechanical driving of supply and extract of air, in particular combined with air heating;
- combined, with natural supply and extract of air with partial use of mechanical assistance.
9.6 In habitable rooms and the kitchen, air supply is provided through adjustable window sashes, transoms, vents, valves, or other devices, including autonomous wall air valves with adjustable opening. Where necessary, apartments designed for climatic regions III and IV shall additionally be provided with through or corner ventilation.
9.7 Air extract shall be provided from kitchens, WCs, bathrooms and, where necessary, from other rooms of apartments; adjustable ventilation grilles and valves shall be installed on extract ducts and air ducts.
Air from rooms in which harmful substances or unpleasant odors may be released shall be extracted directly outdoors and shall not enter other rooms of the building, including through ventilation ducts.
Combining ventilation ducts from kitchens, WCs, bathrooms (shower rooms), combined bathrooms, and food storage rooms with ventilation ducts from rooms with gas-using equipment and parking garages is not permitted. (SNiP 31-01-2003).
Lighting.
25. Rooms and kitchens in a dwelling shall have direct natural lighting.
Other ancillary premises intended to meet citizens’ household and other needs, as well as premises forming part of the common property of the owners of premises in an apartment building (corridors, vestibules, halls, and the like), may not have natural lighting. The ratio of the area of daylight openings to the floor area of rooms and the kitchen shall be taken with regard to the lighting characteristics of the windows and shading by opposing buildings, but not more than 1:5.5 and not less than 1:8, and for upper floors with daylight openings in the plane of sloping enclosing structures — not less than 1:10. (“Regulation ...”, approved by Decree of the Government of the RF of 28 January 2006 No. 47).
21. In a dwelling the required insolation shall be provided for one-, two- and three-room apartments — in not less than one room, for four-, five- and six-room apartments — in not less than 2 rooms. The duration of insolation in the autumn-winter period of the year in a dwelling for the central, northern, and southern zones shall comply with the relevant sanitary standards. The daylight factor in rooms and kitchens shall be not less than 0.5 percent in the middle of the dwelling. (“Regulation ...”, approved by Decree of the Government of the RF of 28 January 2006 No. 47).
9.12 Habitable rooms and kitchens shall have natural lighting, ....
9.13 The ratio of the area of daylight openings to the floor area of habitable rooms and the kitchen shall be taken as not more than 1:5.5 and not less than 1:8; for upper floors with daylight openings in the plane of sloping enclosing structures — not less than 1:10 taking into account the lighting characteristics of the windows and shading by opposing buildings.
9.14 Natural lighting is not regulated for rooms located under a mezzanine in double-height spaces; laundry rooms, storage rooms, dressing rooms, bathrooms, WCs, combined sanitary units; entrance halls and in-apartment corridors and halls; ...
9.15 The standardized indicators of natural and artificial lighting of various rooms shall be established in accordance with SNiP 23-05. ..." (SNiP 31-01-2003).
