Apartment division. Dividing an apartment into two apartments Making two apartments out of one

In practice, dividing apartments into two occurs much less often than combining two or more into one. However, there are situations when it is necessary to separate one large one into two, for example, when inheriting by several relatives or divorcing former spouses.

Is it possible to divide the apartment into two separate ones?

So, you have a large apartment, but you want to divide it into two separate ones. The reasons may be different:

• spouses are getting divorced and want to divide one apartment into two, so that each of them gets a separate living space;
• relatives inherited housing, but do not want to sell it in order to divide the proceeds; they also do not want to own an apartment together;
• the child has grown up, got married, a separate living space is required, which they want to separate from a large family apartment;
• We bought the property for business purposes, since two separate residential premises are much more expensive than one of the same area.

Both previously united apartments and those that were originally one living space are divided. But their separation occurs in different ways.

Apartments previously combined into one

There are usually no difficulties with dividing such a living space, but this does not mean that in order to divide it is enough to simply erect a partition between two apartments, you will have to make some efforts, namely:

1. Order or do a redevelopment project yourself. The project must take into account the construction of a partition between the apartments, the restoration of a closed or previously sealed entrance to the second apartment from the staircase. In most apartments, when they are combined, the extra bathroom and toilet are removed; during the reverse redevelopment, you will have to take care of their restoration; you also need to find a place for two kitchens or kitchen niches.
2. Take care of the separation of a single system of electricity and water supply, previously combined into one. To do this, it is necessary to obtain permits from water and electricity supply organizations.
3. Obtain permission for redevelopment from the local municipality. If the redevelopment project is made in accordance with all standards and all necessary documents are attached to it, then there will be no problems with permission.
4. Carry out the actual division of the living space.
5. Receive a Work Inspection Certificate.
6. Register ownership of each secondary apartment.

One big apartment

It is much more difficult to divide one large apartment, for example, a four-room apartment into two two-room apartments. According to the law, each of the secondary apartments must have bathrooms (bathroom or shower and toilet), it is necessary to equip a kitchen area, and also arrange a separate exit to the landing.

If, when dividing a previously combined apartment, the places for bathrooms and toilets can simply be returned to their original places, then in the second case, in the places where such premises are provided, there were previously living rooms, that is, it will be necessary to transfer part of the living space to non-residential space. This is quite difficult, and most often impossible.

The situation is the same with the equipment of two kitchens. One kitchen already exists, the second will have to be designed, and here there are certain rules, for example:

1. It is forbidden to equip a kitchen if there is a living room on the floor below it, as this worsens the living conditions of neighbors living on the lower floor.
2. If you plan to install a gas stove, then a kitchen niche in the living room of a one-room apartment is unacceptable, since the room where the gas stove is installed is a priori considered non-residential.
3. It is prohibited to equip a kitchen if the apartment on the floor above it has toilets or bathrooms due to the deterioration of living conditions in the apartment being rebuilt.

Only if all these conditions are met is it possible to divide one apartment into two separate ones.

There will also be a big problem when arranging a separate exit for the allocated secondary apartment. Since you will have to break through a load-bearing wall, if the door opens onto the landing, you will need to obtain the consent of all the owners of other apartments. Or, as an option, it will be possible to fence off the vestibule inside the primary apartment, which, naturally, will lead to the loss of living space, since the vestibule will become common property.

How to divide an apartment into two separate apartments

The division of a residential premises into several separate ones refers to redevelopment, therefore all actions are regulated by the Housing Code of the Russian Federation.

Redevelopment is any change in the configuration of a residential premises that requires a change in the technical passport. Redevelopment may include:

• moving or dismantling partitions, door and window openings;
• combining or dividing apartments;
• arrangement of bathrooms, kitchens;
• increase in residential premises due to utility rooms;
• installation of partitions;
• some other actions.

When dividing an apartment you will need:

1. Arrange a separate exit for the second living space. Since the perimeter walls of any apartment are permanent, in addition to planning the exit, it will be necessary to develop a project for strengthening the load-bearing wall, and this is the prerogative of a specialized organization engaged in the design of such work.
2. Make a redevelopment project in such a way that all the new bathrooms do not end up in the space above the kitchen or living room of the apartment located below. It is also necessary to meet the condition that the designed kitchen is not located above the living room of the neighbors below.
3. The designer must provide separate ventilation for the kitchen and bathroom, since combining the ventilation ducts of bathrooms and toilets with the same structures for kitchens is unacceptable.
4. For each of the secondary apartments, approval and installation of separate electricity meters and hot and cold water meters will be required.

All of the above actions require special skills and knowledge, so it will not be possible to independently make a project for remodeling and dividing an apartment into two. It will be necessary to seek help from specialized design organizations.

Apartment division algorithm

The entire process of dividing living space must take place in a certain order and according to a certain algorithm:

1. Design.
2. Coordination with local municipal organizations.
3. The process of actually dividing one apartment into two.
4. Checking the work performed and drawing up an Inspection Report.
5. Registration of secondary real estate.

Design

To develop a project for dividing an apartment, you must contact a specialized design organization and provide them with a technical passport of the residential premises or a floor plan and explication.

A specialist visits the apartment to inspect and measure all the premises, as well as clarify the measures for the proposed redevelopment. If the apartment owners have already tried to draw up a sketch of the redevelopment, an employee of the design organization will check the possibility of carrying out alterations according to the customer’s sketch.

After the preliminary examination, the specialist draws up a conclusion, which includes the following information:

1. Data about the property and design characteristics of the divided apartment.
2. If present, all identified defects.
3. Conclusions about the admissibility (or inadmissibility) of carrying out measures to divide the living space into two separate ones. In this part of the document, the specialist also indicates whether the planned division of the property violates (or does not violate) building codes and regulations, as well as the rights of neighbors.

If the specialist concludes that dividing the apartment is technically possible, then a redevelopment project is prepared; the preparation time for such a project is 2-7 calendar days. The finished redevelopment project contains:

1. General information about the residential premises.
2. What measures are proposed for redevelopment.
3. Plan of the primary living space before work begins.
4. Plan of secondary apartments after completion of subdivision.
5. A plan of all structures that are subject to dismantling.
6. Plan of structures proposed for installation.
7. Applications.

The project is certified by the signature of the head of the design organization and the seal.

If an employee of the design organization comes to the conclusion that dividing the living space into two separate ones is impossible, then we can put an end to this. No authority will allow redevelopment work without a positive conclusion from the design organization, but if you carry it out without permission, you will not be able to register secondary apartments, you will not be able to sell or donate them in the future.

Moreover, if in the future it becomes known that you have carried out unauthorized redevelopment of the apartment, then local authorities will file a claim to return the object to its previous form, and at the expense of the owner. And there will be no prospects for a positive court decision for you.

Coordination

Coordination of the planned redevelopment with local authorities is a mandatory procedure, otherwise all work carried out to divide the apartment will be considered illegal.

Stages

The entire approval process is divided into several stages, the order of each of them must be followed, and it is also necessary to fulfill each of the following points:

• drawing up a project and obtaining a positive opinion from a specialized organization;
• collection of documents necessary to obtain permission;
• visiting the housing inspectorate and submitting there an application for permission to redevelop with the obligatory attachment of all required documents to the application;
• after obtaining permission, work on dividing the apartment is carried out;
• the commission checks the work performed and draws up an acceptance certificate for the division of residential premises;
• commissioning of secondary residential premises.

Documentation

To obtain permission to divide an apartment, the following documents must be submitted to local authorities:

• application for permission to actually divide the property;
• title documents for residential premises;
• redevelopment project;
• conclusion of a specialized organization on the possibility of carrying out work on dividing the apartment;
• photocopy of the applicant's passport;
• registration certificate for the apartment;
• consent to redevelopment of all owners of residential premises;
• if necessary, the consent of neighbors for reconstruction (required when arranging the exit from a newly created apartment to a common landing);
• permission of gas services (if you plan to install or move gas equipment);
• permission from electricians to install new metering devices;
• if the apartment is located in a building that is an architectural, cultural or historical monument, then an additional conclusion from the monument protection authorities will be required on the possibility of carrying out redevelopment work.

Drawing up an application to obtain permission to carry out redevelopment has certain requirements; it must contain the following information:

• personal data of the apartment owners;
• form of ownership of the object;
• a description of the circumstances under which the actual division of the apartment was required;
• signature of all owners of residential premises.

• date of receipt of the application and attached documents;
• serial number according to the registration book;
• number of the receipt issued by the official when accepting documents;
• a note indicating that the application has been accepted;
• position and signature of the responsible person.

Deadlines

If a division of an apartment that was previously combined from two into one is planned, a sketch of the redevelopment will often be sufficient; in this case, the approval period will be minimal: no later than one to two months from the date of submission of the application to the municipality. Redevelopment in accordance with the project is considered within four months. Coordination of work that involves manipulation of load-bearing walls and capital structures takes the longest; in this case, it can take up to six months until local authorities consider the application for division of the apartment.

After receiving permission for redevelopment, it will be necessary to record all changes in the BTI and obtain new title documents; this may take about two months.

Local authorities may refuse approval; this is possible in cases where:

• the necessary documents have not been submitted or some of them are missing;
• documents have been collected and submitted, but not to the proper authority;
• The redevelopment project does not comply with the requirements of the current legislation of the Russian Federation.

If a citizen has received a refusal of approval, but is sure that the refusal is unlawful, he can appeal it in court.

Checking completed work

After all work on the division of the apartment has been completed, homeowners must notify the local municipality about this. A housing inspector checks the redevelopment's compliance with the received permit and the reconstruction project.

During the acceptance of the redevelopment, he checks:

• to what extent the redevelopment carried out corresponds to the agreed project;
• are all utilities accessible;
• to what extent all building codes and regulations are complied with.

If the project indicated any actions affecting common property (arrangement of a new doorway in the main wall, a new exit to the landing, etc.), then, together with a municipal employee, a representative of the HOA or management company is included in the commission.

The inspection of residential premises must take place in the presence of the owners of the property.

After the inspection, an acceptance certificate for secondary apartments is drawn up, in which a representative of the housing inspectorate:

• notes on the plan the location of structures and their compliance with the design;
• determines their condition;
• makes the necessary measurements;
• notes the location and compliance with the design of utilities;
• measures the strength and other technical characteristics of the building materials used.

The act is drawn up in three copies, one of which remains with the owners, the second is transferred to the BTI, and the third remains in the archives of the local government. The signatories of the act are:

• owner of the premises;
• the representative of the municipality who conducted the acceptance;
• representative of the management company or homeowners association (if they were present at the acceptance).

Price

The cost of approval will depend on many factors:

• location of the apartment;
• area of ​​premises;
• building status;
• volume of work carried out.

The approximate amounts that will have to be paid when carrying out redevelopment in Moscow are presented in the table.

Summarizing the above, we can conclude: the actual division of one apartment into two isolated ones is a rather complex and troublesome process, requiring not only enormous material, but also significant physical and moral costs. You can’t do this without the help of specialists. It will be necessary to involve both employees of design institutions and lawyers who will tell you what documents will be required in each specific case, what and in what sequence will need to be done so that the process of dividing the apartment proceeds as quickly as possible and, as less costly as possible.

We present to our readers a modern interior design project for a home located in Turin, Italy. Studio Archisbang treated its work with real professionalism and skill, furnishing the functional Twice apartments.

They involve the restoration of the old premises, which were subsequently turned into two two-room apartments.

The first thing you should pay attention to is the ergonomic and optimized distribution of zones. Each living space is presented as a single structure, where only visual boundaries exist.

One of the apartments has a very interesting design solution, which can easily be called a highlight. With all the rooms having wooden plank flooring before opening onto the balcony, they stand in stark contrast to the stonework that continues outside.

It is worth noting that outside the window there is a magnificent landscape, where from above you can see the panorama of the city, the roofs of neighboring buildings and the horizon line.

The kitchens are arranged more interestingly; design solutions made it possible to conveniently and functionally place all the usual attributes in a tiny area.

There is a minimal amount of furniture here, and it is particularly built-in; household appliances also do not take up much space. In one of the apartments, this area is allocated a tiny corner with a window, which is highlighted by a meter-high partition.

Compact, cozy and light, what else is needed for full functionality, which more than compensates for the lack of space.

Lighting also performs its function, only this condition has a slightly different meaning. Lamps installed under the ceiling have a slightly different angle of their direction, namely, they are directed towards the ceiling.

This visually expands the boundaries of the rooms, creating illusions. The color palette in this case is directly related to it, because it is the white color in the interior that can most effectively reflect light.

The wood flooring has a natural texture, although it is new, but it was decided not to treat it with dyes in order to preserve the original structure. Against this background, fragments of the old ceiling and shabby doors look more harmonious.

As for the layout, it can actually be called open. As we can see, in the center of each of the apartments there are bathrooms and showers, which are visual dividers between social and private areas.

Designers see this solution as a kind of filter with transparent partitions. The transition is quite clearly visible here, but thanks to the competent implementation of materials and textures, this option seems optimal.

The layout also includes a small wardrobe, and it is the only block that is almost completely isolated from the rest of the space, with the exception of a translucent stained glass window that allows glimpses of light to enter.

Two apartments designed according to the same scheme but with different personalities. The contrast between old and new is clearly visible here, predominantly clean and straight lines, minimalism and conciseness, played by a complex combination of various materials and elements.

There are two legal ways to divide an apartment between owners: by formal agreement or through a lawsuit. The procedure is quite in demand in various life situations, from divorce to separation of the younger generation of the family. Interested parties should know the basic provisions of the law in order to protect their interests as much as possible and not violate the rights of other property owners.

How to divide real estate

Joint ownership of an apartment by several owners can be documented without allocating shares. If the need arises, the determination of shared ownership is made during judicial consideration of the issue. Mutual consent to the division can be formalized by a notary; the agreement has full legal significance and serves as the basis for re-registration with the state registration authority.

If a dispute arises regarding the allocation of a share in property, the court determines the ownership of each party and establishes the procedure for using the premises. If the number of rooms corresponds to the applicants, then in kind. In this case, the court considers whether one of the parties has preferential rights, for example, living with a common child.

If a child, as a result of acquisition or privatization, is the owner of a share in the living space, then it is more competent to file a claim on behalf of the minor, representing his interests.

If division in kind is impossible, for example in the case of a one-room apartment or room, the court determines a preemptive right, in which one of the owners must pay the market value of the share to the opposing party. The court determines the amount of compensation and the payment period. Another court decision may be a decree on the sale of the apartment and compensation of shared ownership to the participants in the procedure. Such options are acceptable if applicants for shared housing also own real estate.

Dividing personal accounts and obtaining a certificate of ownership for a specific share allows you to dispose of real estate at your own discretion. If the owner decides to sell the allocated part, then first of all he is obliged to offer it to the remaining share owners. Donating your part to third parties does not require consent and the offer of a share to citizens living in the square.

Sometimes, when dividing an apartment into two or more areas, the share of a participant in the process is recognized by the court as insignificant compared to the rest of the property. In this case, a decision may be made to cancel ownership rights and pay compensation according to the market value of the object. During litigation, determining the price of the issue is important. For this purpose, an independent examination is involved, the result of which is the established price. Disagreement with the assessment is allowed and will require a counter-assessment; the court will select the average cost of housing.

How to apply for division of an apartment

The division of an apartment by court has established regulations, according to which cases are heard in the magistrate’s court at the location of the property or registration. It is required to write a statement of claim demanding the allocation of a share in a privatized apartment and the division of personal accounts. A package of supporting documents is attached to the claim. Such a statement is possible if the apartment allows for separate living arrangements. If it was necessary to resolve the conflict, then grounds confirming the resolution must be provided.

The court reviews the proposed plan for dividing the property and determines the right of each owner to the allocated share. In reality, the area of ​​the rooms usually does not coincide, so the court will need to understand the additional justifications of the opposing parties. For example, a couple has children after a divorce and needs to share a three-room apartment with two adjacent rooms. Most often, the court determines the adjacent rooms of the mother and children, and transfers a separate room to the shared ownership of the ex-husband.

If residents do not agree with the court’s ruling, then they have the opportunity to appeal to the city or district court. The protest is considered within a month from the date of acceptance of the petition for review, the verdict of the magistrate's court may be canceled or left unchanged. Do not forget that when considering a property dispute, which includes the division of an apartment, you will need to pay a significant state fee.

The payment amount is calculated based on the price of the disputed housing. The division of a non-privatized apartment occurs upon an application to the housing department of the municipality regarding the conclusion of two independent social rental agreements, which entails the division of personal accounts and establishes the rules for further residence.

Division or association of apartments, is currently a popular service. Especially often, owners of residential apartments need to divide an existing large apartment or a two-level apartment into two. After division, two apartments can be sold much more profitably than one larger area. Moreover, the demand for one- or two-room apartments or studio apartments is currently very high.

Quite often, apartment owners also need to combine two apartments, for example, located on the same staircase.

In both cases, these activities relate to residential premises and are regulated by the Housing Code of the Russian Federation.

Thus, in order to approve the merger or division of the apartment, you will need to develop the premises. In some cases, information may be required about the current state of the building structures of the apartment (apartments) and the possibility of redevelopment (reconstruction).

It should be noted that when combining two apartments into one, fewer problems arise in developing planning solutions than when dividing an existing apartment into two.

When combining two apartments, you will need to lay one existing entrance (if desired, you can leave two entrances) and redevelop the premises without violating the requirements of building codes and regulations, as well as sanitary requirements. Here, in most cases, no problems arise; you just need to comply with the basic requirements, namely: it is not allowed to place bathrooms above living rooms and kitchens, as well as to locate kitchens above living rooms.

When dividing apartments into two, you will need a separate entrance from the newly formed apartment. The walls separating apartments from staircases, in most cases, are capital and therefore you will need additional development of the reinforcement project, the installation of the reinforcement itself, which should be carried out by a specialized organization with the issuance of an official document confirming the implementation of the reinforcement (concealed work inspection certificate). In addition, when dividing apartments, you need to provide planning solutions in such a way that your newly created bathrooms are not located above the living rooms and kitchens of the apartments below, and the kitchen is not located above the living room of the apartment on the lower floor. It is also necessary to provide ventilation from the bathrooms and kitchens, and ventilation should be carried out into ventilation ducts intended for bathrooms and kitchens, respectively. Combining ventilation ducts of kitchens and bathrooms is not allowed.

If you are dividing a two-level apartment into two, you will additionally need to develop a project for sealing the hole between the levels, carry out this sealing by a specialized organization and confirm it with relevant documents.

When dividing apartments, you will need to install separate electricity and water supply meters with their approval in the prescribed manner. Each apartment will require the installation of an independent electric meter, and the apartments' power supply systems must be independent.

The division of apartments is a fairly common phenomenon in modern Moscow and the Moscow region

In 95% of cases we are talking about neighboring apartments located “horizontally”. However, in our practice there have been cases of separation of two-level apartments (vertical separation of apartments).

The division of apartments is carried out according to two basic principles:

• Dividing a previously single apartment into two (with the obligatory presence of two bathrooms).
• Two apartments were previously connected (with approval for their unification) and the owner had a need to divide them again.

Example of previously merged apartments:

When considering the basic principles of dividing apartments, we will describe the advantages and disadvantages of each option.

Dividing a previously single apartment into two

It is immediately worth noting that A prerequisite for dividing an apartment is the presence of two bathrooms(actually two plumbing areas) with common building risers, each apartment has its own bathroom and a separate entrance to the kitchen.

Otherwise, separation is impossible. The main problem that customers face is installing a kitchen (in addition to the design one) in a newly created apartment. After all, initially there were living rooms in its place. You should first take into account a number of mandatory current standards and requirements for the installation of kitchens:

First, it is worth considering the most rational option, according to experts - installing a kitchen niche (an auxiliary room without a dining area, equipped with a stove with forced ventilation) in a non-residential area, usually a corridor or pantry.

In addition to the non-essential presence of natural insolation and light-transmitting partitions, the advantages of kitchens of this type include significant savings in apartment space.

If the issue of installing a full-fledged kitchen is of fundamental importance to the customer, we will proceed directly to the consideration of the current standards and requirements for the installation of kitchens.

Separation of apartments, video:

Kitchen installation is not possible in the following cases:

• The presence of living quarters located on the floor below the proposed location of the kitchen.

However, the transfer is possible if: the kitchen is moved into the room without worsening anyone’s living conditions.

For example, the apartment is located on the first floor, or on the 2nd\3rd, but there is a non-residential premises underneath it.

• Gas stove.
• When remodeling with the division of a one-room apartment, installing a kitchen in the only living room will simply deprive it of its residential status, which is also contrary to current standards.
• Installing a kitchen under the bathrooms and bathtubs of apartments located above is again prohibited, in order to avoid deterioration of one’s own living conditions.

So, with kitchens the question is more or less clear.

Let's move on to the next important point: the current legislation clearly states the following condition - availability of a separate entrance to each apartment.

It can be installed either from the landing, by breaking through a separate entrance, or by fencing off vestibule, inside the existing apartment. In the second case, when disconnecting, we will accordingly lose a certain amount of area. Since it will remain outside the zone of both apartments and will go to common property.

Example of apartment division:

The plan after the redevelopment shows that as a result of the division of apartments, the vestibule area became common property. The entrance doors to the separated apartments are located in the vestibule; accordingly, its area cannot be taken into account in the total footage of any of the apartments.

It is worth considering that if we arrange a new entrance from the landing (the first case), then the Housing Inspectorate may classify this event as affecting common property. And, as a consequence, the need to obtain written consent from 2/3 of the residents of the house.

The above redevelopment for separating apartments refers to complex design solutions. Therefore, it obliges us to develop a complete package of design documentation. Including both a technical conclusion and a redevelopment project, as well as consent from, confirming the possibility of carrying out this redevelopment.

Let's consider the second option of dividing the apartments into two (previously combined)

The first thing you need to do is order a redevelopment project to divide the apartments. The division itself is often considered in the context of erecting an inter-apartment partition (if the wall has been completely dismantled) or sealing a previously made inter-apartment opening.

Also, do not forget about restoring the second entrance to the apartment, if it was previously blocked. The positive aspect of this type of redevelopment is that it is often possible to do without collecting signatures from residents if we are talking about horizontally neighboring apartments.

If a two-level apartment connected vertically (with a staircase) is disconnected, the consent of the residents will not be required. Since the work is carried out inside the apartments and does not affect the common area of ​​​​the house, it will require a fuel filling complex from the author of the house project when sealing the opening in the ceiling.

When dividing an apartment into two, do not forget about dividing the previously unified water supply and electricity systems. The division of the electrical network in the two newly formed apartments is carried out by Mosenergo. To do this, the owner must obtain permission: A demarcation act “on connecting additional electricity capacity.” As a result: two electricity meters, one in each organized apartment, and two personal accounts.

The water supply system is divided according to the same scheme: two independent outlets are made from the risers to the meter. The owner will need to separate the account from Mosvodokanal.

You can familiarize yourself with the already completed project for separating adjacent apartments on the website in the “Our work” section.

Below is an example of the separation of a 4-room apartment in a 15-story brick building according to an individual project:

At division of a non-privatized apartment:

Any legal manipulations with a non-privatized apartment are possible only with the written consent of the landlord, however, if the apartment is owned by the city, it is almost impossible to obtain agreements from the Department of Housing Policy and the city administration.

Dividing an apartment into shares, dividing personal accounts

When dividing an apartment into shares, it matters whether the apartment is municipal or communal. If the apartment is municipal, the shares are distributed by the municipality. The allocation of a share occurs on the basis of an application from the employer. To simplify the payment of utility services, an application for division of personal accounts is submitted to the management company.

The division of a personal account, contrary to popular belief, does not determine the “master of the house”, but is a banal fiscal detail.