Legislation on this issue
Both a balcony and a loggia are not residential premises, so the law does not approve of the issue of unauthorized combining them with a room or kitchen. This is understandable, since an ignorant person will not be able to understand the structure of the house, determine the load-bearing walls of the rooms, see the method of attaching balcony fragments and take into account other specific points. Let's try to figure out how to solve this problem.
Combining a loggia with a room, like combining a balcony, increases the living space. This leads to a discrepancy between the actual size of the room and the square meters indicated in the technical passport and title documents. The purpose of the balcony room is also changing.
Article 25 of the Housing Code of the Russian Federation classifies actions to combine residential and non-residential premises as redevelopment, since the configuration of the rooms changes. For this reason, you will have to formalize the redevelopment and make changes to the technical and cadastral passports.
However, not a single legislative document directly states that this cannot be done. The same Housing Code of the Russian Federation, in Article 26, examines in detail the procedure for obtaining permission to reconstruct or redevelop residential premises.
Preparation of documents for obtaining approval for combining premises (rooms) begins with the preparation of design documentation. This work is carried out by an organization with a special license. Most likely, the developer will visit the site to draw up a sketch and assess the technical feasibility, using the design of your home as a basis. The resulting document will guarantee that the redevelopment does not infringe on the interests of neighbors, is safe for the building structure and complies with the requirements of SNiP and SanPiN.
Next comes the stage of coordinating the project with the gas and fire services, as well as the city power grid and heat supply organization. If the house is classified as a cultural heritage site, then approval from the monument protection authorities will be required.
The next step is to draw up an application in the prescribed form and submit it to the urban architecture department or to the multifunctional center. The following documents are attached to it:
- project;
- title documents for the apartment;
- written consent of all citizens living in this premises;
- technical certificate;
- an extract from the personal account about the composition of the family;
- conclusion from the fire organization;
- owner's passport;
- expert technical opinion.
Sample application for reconstruction and (or) redevelopment of residential premises
Sample application page 2
Sample application page 3
Documents, at the request of the applicant, are provided in the form of certified copies or in electronic form.
The application is considered by the architectural department or housing inspection for no more than 45 days, depending on the complexity of the project. The owner is given a receipt for accepting the documents.
After consideration of the issue, within three working days a permit (or a reasoned refusal) is issued to carry out the work, which indicates the deadline for completing the redevelopment. You can obtain permission in person or by mail.
After registration, all necessary operations for remodeling the rooms are carried out. The next steps will be to draw up a new technical passport and issue a certificate of completion of work by the acceptance committee. Then all documents for the already large living space are submitted for registration.
Advantages and disadvantages
The positive aspects of all this running around include obtaining new residential meters, because not everyone can afford to buy another home. Sometimes such redevelopment becomes simply a salvation for the family. Obtaining the legal right to attach a loggia to one of the rooms is a guarantee that in real estate transactions this property will not fall into illiquid stock.
Obtaining a permit is a time-consuming process. You can, of course, begin work on combining a room with a balcony or loggia at the same time as preparing the project. However, there is no guarantee that all approvals will be received.
Remodeling a balcony or loggia is a long and expensive process. It should be remembered that for unauthorized reconstruction work, a fine may be imposed or a court decision may be made to return all premises to their original condition.
Photo of the combined balcony
Read here Modern loggias: the most interesting ways to use a loggia 67 photos, design directions, repairs and much more
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Combination requirements
When starting to attach a balcony to a room, you need to study the structure of the house to determine which walls are load-bearing. If the desired wall is on this list, then you will not be able to obtain permission to demolish it. In this case, it is only possible to use this part of the wall for decorative purposes.
In order to maintain maximum heat in the room in winter, you need to insulate the walls, ceiling and floor of the balcony or loggia. For heating, it is possible to use a “warm floor” system or use a modern energy-saving convector, since transferring heating to this area is not permitted.
If furniture is planned to be installed in the new space, then redevelopment of the balcony will require strengthening the slab structure. If a wall is partially demolished, the project may involve the manufacture of structures from metal supports or a frame. If joining a loggia requires the demolition of the entire wall, then the installation of columns or other reinforcement options should be considered.
What can you do
When remodeling, which includes attaching a balcony to a room, the following is allowed:
- installation of new double-glazed windows;
- insulation of walls, floors, balcony ceilings;
- replacement of sheathing on the inside and outside;
- dismantling old window structures;
- dismantling the balcony door;
- demolition of the window sill wall (if permitted).
What not to do
There are many restrictions on this type of redevelopment. All of them are regulated by various regulatory documents:
- Additional heating radiators cannot be installed on a balcony or loggia, due to increased load on the heating systems of the house;
- It is not allowed to change the facade of the house:
- if the house design includes a fire escape, it cannot be dismantled;
- It is not allowed to install double-glazed windows on the loggia if it is an emergency fire exit;
- you cannot change the height of the barrier of a balcony or loggia;
- balcony decoration should not be made of flammable materials;
- The standard loads on the balcony slab should not be exceeded.
Why combining a balcony with a room is not allowed without a double-glazed partition
The premises of balconies and loggias, according to all documents of the owner, are considered non-residential and are not part of the apartment.
In the overall design, these zones relate to the structure of the house and are considered cold. The combination of these premises does not fall under the concept of “redevelopment”.
Thermal engineering calculations for these premises were not initially carried out. Even if these areas are insulated, they will still be considered cold. Permission to install a radiator and connect these areas to the heating networks of the house are not exactly approved.
In order to bring the combination of premises under the concept of redevelopment on legal grounds, it is allowed to install a double-glazed partition in place of the dismantled balcony block. It is possible to install an accordion structure mounted on permanent guides. It will be considered that the condition for separating the heated and cold zones is met. When signing the acceptance certificate, the commission will definitely check the compliance of all these points.
Preparatory work
First you need to think about how to protect the interior from dust and debris, of which there will be quite a lot during work. To do this, you can buy plastic film at any hardware store and cover the entire room with it (it costs a penny). To make an extension of the room in the loggia, you will need to prepare the following tools: hammer drill, screwdriver, electric jigsaw, grinder, crowbar.
Even before the merger begins, the loggia or balcony should be glazed and insulated, because without this there is no point in combining rooms.
If the work is carried out in the summer, then glazing and insulation can be done after the merger. It is best to insulate a loggia from the inside, which will require removing all the interior trim, laying a suitable thermal insulation material (for example, mineral wool slabs, polystyrene or polyurethane foam), closing all joints, laying a layer of waterproofing and sealing everything with finishing material.
If winters in the region are cold, it is recommended to use three-chamber window systems, which will provide a high level of protection against heat loss. In ordinary cases, high-quality double-chamber glazing is sufficient. Before extending the room, it is also recommended to carefully check the entire loggia for cracks, holes and other openings through which cold air can penetrate. They can be filled with polyurethane foam (if they are small in size).
The most popular types of changes
Some types of work to attach a loggia to a room can be done without approval, since they are not considered redevelopment.
Glazing
According to Article 51 of the Town Planning Code of the Russian Federation, glazing of balconies and loggias does not require approval. However, there are some conditions that must be met:
- the design of window blocks cannot be taken beyond the boundaries of the balcony or loggia;
- the external design should not have a significant difference with other apartments;
- The installation of double-glazed windows should not increase the permissible load on the balcony slab.
Demolition of window sill system
In panel houses, the wall located under the window is almost always a load-bearing element. Obtaining permission to demolish it is problematic. In brick houses, dismantling this section is possible, although it may be necessary to strengthen the structure and install additional supports to support the upper opening.
Sometimes this part of the wall is left and decorated as a certain detail of the room’s interior. It is also not always possible to remove the threshold separating rooms. In brick houses it is part of the ceiling, and in panel houses its dismantling can disrupt the rigidity of the structure. Work on the demolition of the window sill system is classified as redevelopment.
Removing a window opening from a room
The combination of rooms is carried out by removing the window block. The configuration of the room is changing, so it is necessary to enter new data into the technical passport.
Connection to part of the apartment
Attaching a loggia to a room is the most common type of combination. In most cases, only one side of the loggia faces the street, and the side fences are the walls of the house. This is a more reliable system than a balcony, which is a remote structure. However, in order to formalize such an association as a redevelopment, it is necessary to install a sliding partition that will help to comply with all formalities.
Advantages and Disadvantages of Merging
Redevelopment to increase space will create a new modern interior. Such repairs are carried out not only in small-sized Khrushchev buildings, but also in apartments with an improved layout. Depending on the number of floors and type of building, the merger can be carried out in two ways: by removing only the window and doorway, or by completely dismantling all elements along with the threshold.
When arranging an external structure, its features should be taken into account; only lightweight materials can be used that do not create additional load on the balcony slab. Attaching a balcony to the main living area has the following advantages:
- Increased comfort level;
- Increased natural light;
- Original design;
- Increasing the market value of the apartment;
- Creation of a unique layout.
The disadvantages of adding a loggia or balcony include the need to formalize the redevelopment according to the law, with the collection and signing of many papers. You will need to incur significant material costs for glazing, insulation, lighting, etc. Difficulties may also arise when demolishing partitions, since in many old houses the window sill area is monolithic and cannot be disassembled. Heavy furniture and large household appliances that create vibrations should not be placed on the balcony slab.
Can this be legalized, and what is the procedure for submitting documents?
In the case where the owner has made an unauthorized association, it will not be easy to legitimize the balcony as part of the room.
If all technical requirements are taken into account when connecting the space of the room and the balcony, then there is undoubtedly a chance. If at least one of them is not observed, it will not be possible to obtain redevelopment on a legal basis. The procedure for submitting documents is the same as described above. Sometimes it becomes necessary to legalize balconies on the ground floor. An unauthorized balcony in this case is classified not as a hanging structure, but as an extension. That is, the status of the land beneath it changes. Cases of transfer of this part of the land into ownership are extremely rare. It can only be rented out if a positive court decision is received. After this, documents are prepared in the BTI and registration authorities.
Expert opinion
Mironova Anna Sergeevna
Generalist lawyer. Specializes in family issues, civil, criminal and housing law
It is very difficult to agree on the combination of a loggia and a room or the addition of a balcony to a room. When deciding on unauthorized redevelopment, you should remember that big problems can arise when making real estate transactions. Also, illegal alterations will be an obstacle to the transfer of housing by inheritance. In addition to the costs incurred for the arrangement, you will have to return everything to its place, and even pay a fine.
How to legally combine a loggia with a room or kitchen?
Attaching a balcony to a room and coordinating it is possible if transparent swing or sliding doors (French windows) are installed between them, which will provide the necessary insolation of the room and preserve its thermal contour, that is, according to officials, it will allow not to increase the load on the heating system.
The sliding partition is installed on a permanent basis, and the plans of the Minsk State Agency for State Registration and Land Cadastre (former BRTI), after approval, are fully consistent with the implemented redevelopment.
But we know that many owners install such partitions during the arrival of the acceptance committee, if in the future they still want to do without it. In this case, the plans of the Minsk State Agency for State Registration and Land Cadastre (former BRTI) will necessarily indicate the presence of a door, which in fact does not exist.
Of course, you need to remember that when selling the apartment, the sliding partition will need to be put back.
In what cases can they refuse?
The Housing Commission may refuse to issue a permit if:
- if the planned alteration involves the demolition or partial dismantling of load-bearing walls;
- in case of significant damage to the facade of the house;
- if the house is a historical architectural monument;
- when the interests of the owners of other apartments are infringed;
- when the structure being erected blocks an emergency fire exit.
Remodeling an apartment is a difficult and costly matter, and it is better to start it legally, then a lot of trouble will not interfere with enjoying the comfort of an additional recreation area.
The nuances of combining in panel and brick houses
Complete demolition of the window sill and upper lintel can only be done in brick and block houses. In panel buildings, the facade is a load-bearing wall; violating its integrity is very dangerous. If permission for complete dismantling is nevertheless obtained, it is necessary to install at least double-glazed windows and take care of additional insulation.
You cannot move the battery to the area of the former balcony. Such actions can disrupt the thermal circuit of the entire house. When dismantling the window sill, the heating element can be moved to the adjacent wall, as close as possible to the opening.
When remodeling, many people want to make one floor level, but getting permission to demolish the threshold is almost impossible. In brick houses it supports the balcony slab and is part of the structure. If the threshold is removed in a building made of panel slabs, it will lose its rigidity, and the floors will freeze.
You can beat the height difference when combining two rooms using a ramp or steps. If finances allow, the floor level is raised to the height of the threshold.
