The issue of attributing the device of doors in place of a window block to the reconstruction of a capital object, a building, is disputable. The fact is that during such works the external enclosing structure is invariably affected - the wall of the house. Part of this wall, located "under the window" for the device door must be removed. Dismantling a part of the supporting structure is considered by some to be a reconstruction of a building. And since the external enclosing structures of the house are the common share property of all owners of the premises of the house, it is concluded that the dismantling and construction of the door, by virtue of Part 3 of Art. 36 and Part 2 of Art. 40 LCD RF requires the consent of all owners of the premises of the house.

We do not share the above position, although, I must say, there are enough examples in court practice to support this point of view.

We believe that, based on the definition of the concept “reconstruction”, dismantling a part of the wall of a house on the site of a window block and installing a door there can be qualified as a redevelopment of a room.

Arguments in favor of this position can be found in the extracts from judicial acts below.

The device door on the site of the window unit - not a reconstruction

Device doorway instead of windowing aperture (dismantling part of the outer wall)

The court rejected the claim on bringing the premises to its former state, having established that the apartment used as non-residential premises was redeveloped in the form of dismantling the interior partitions between the bathroom and the kitchen, eliminating the bathroom, dismantling the bathroom window opening of the door opening, by dismantling a part of the building envelope (wall), building a porch and a flight of stairs in the front part of a residential building.

The court concluded that the dismantling of a part of the outer wall under the window opening and the installation of a door opening in its place did not entail changes in the parameters of the capital construction object, in particular, the total area of the building, height, number of floors and quality of engineering and technical support. These works did not result in a decrease in the total property, since as a result of their production, the procedure for using these structures by other owners of the premises in an apartment building did not change. (Appeal definition of the Orenburg Regional Court of April 30, 2013 in case N 33-2658-2013)

The input device on the site of the window unit is not a reconstruction

The plaintiff is denied the requirements for bringing the dwelling in the original condition, the apartment is kept in the re-planned state. The court indicated that the room (apartment) is not an independent capital construction object, but is a real estate object included in buildings and structures, which are in accordance with paragraph 10 of Art. 1 of the Town Planning Code of the Russian Federation for capital construction objects.

The court found that when the entrance device was in place of the window block in the kitchen, the enclosing structure was affected - the load-bearing wall of the house, which is also an external wall panel at the apartment belonging to B., was not used and was not used by other owners of the premises in the apartment building.

The reconstruction of the window unit is not a reconstruction, since it does not entail a change in the boundaries and size of the common property, does not affect the strength and stability of the house, and therefore the circumstances stipulated by part 3 of Art. 36 and Part 2 of Art. 40 LCD RF is not seen.

The reorganization and re-planning of the apartment belonging to B. did not entail the accession to it of a part of the common property in an apartment building. (Appeal definition of the Belgorod Regional Court of April 9, 2013 in case N 33-1262)

The reconstruction of the window block in the window-door is not a reconstruction

When the entrance device is in place of the window block, the enclosing structure is affected - the load-bearing wall of the house, which is also the wall of non-residential premises owned by JSC, and the subtenant LLC. The bearing wall of the house at the level of non-residential premises belonging to the OJSC has not been used and are not used by other owners of the premises in the apartment building. The reconstruction of the window unit in the window-door is not a reconstruction and the circumstances stipulated by part 3 of art. 36 and Part 2 of Art. 40 LCD RF is not seen. (Appeal definition of the Moscow City Court of July 30, 2012 in case No. 11-15915)

______________________________

But balcony arrangement creates a new property, since the total area of the apartment increases due to the extension of the balcony (and not due to dismantling or partitioning, as in the case of redevelopment). Therefore, the courts, as a rule, qualify the totality of works on the arrangement of a balcony as a reconstruction of a building (residential building) with the ensuing consequences in the form of an obligation to dismantle (bring the apartment and residential building to its original position)

Balcony device. Produced works are reconstruction.

The court concluded that as a result of the construction work performed by the claimant, the total area of the apartment increased as a whole due to the construction of a balcony, which is an unauthorized building. Thus, it was not redevelopment, but the reconstruction of an apartment and residential building with the creation of a new property. However, the City Administration did not give the claimant the appropriate permission for the reconstruction, and therefore the refusal to satisfy the claimant’s application for approval of the redevelopment is legitimate, and the balcony installed without permission must be dismantled. Furthermore the court noted that the plaintiff in accordance with paragraph. 2 Article. 3 of the Federal Law “On Architectural Activity in the Russian Federation”, it was necessary to obtain a construction permit, since the construction of the balcony, the appearance of the facade of the building, as well as its architectural appearance were violated during the construction of the balcony. (Appeal definition of the Moscow Regional Court of 11.10.2012 in case N 33-20238)

Some Englishmen still have a sign that a pregnant woman needs to prepare a huge cheese head and let it mature for 9 months. After the child is born, it is divided into a number of parts equal to the number of relatives, but they do not touch the outer crust.
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Signs about the windows in the house

The windows of the house can be compared to the eyes of a person. In the people they were given even greater importance - it was believed that through the window of your house you can see the things to come, with their help take trouble or, on the contrary, unintentionally draw it into your house.

Good signs about the windows in the house

Accidentally look out the window in the dark and see the light there - fortunately. Similarly, return home in the evening and suddenly see the light in the window - to the changes in life for the better.

From the gust of wind the window shutters opened - to soon receive the news.

If you want, at last, a bright streak to come in your life, “sweeten” it - throw a pinch of sugar through the window on Sunday morning.

If something in your life does not suit you, they suffer from constant illnesses and failures, look at your windows - if they are dirty, wash them off as best you can and you will not notice how life changes.

What not to do with the windows

look out the window at a passing funeral procession. It is better to shut the windows when it approaches, so that death does not accidentally look into your window;
cut through new windows in the old house - a sign that this could lead to the death of someone from the household;
long look out the window at the full moon - the night light pulls out of human strength;
look out the window at night - you can see a ghost or evil spirits;
throwing garbage out of the window, pouring out slop - on the other side of the glass may be the souls of the dead ancestors who came to visit you;
enter the house through the window - to the disease;
to close the windows with blind shutters or curtains (including rolling shutters) for the day - the house will definitely need sunlight and air, otherwise it will have bad energy and the household will feel bad. But at night it is possible and even necessary to close curtains and blinds so that evil spirits do not enter the house;
building a house with windows to the north - it will never be good for owners. The best option is to have window openings on the east side of the building;
leaving broken or cracked glass in a window is a breach in the protection of your home, through which negative energy will immediately flow from outside. A person who lives in a house with cracked or broken windows will never be happy and healthy.

When asked whether it is possible to lay a window in the house, we also get an answer that this should not be done, otherwise there will be trouble. The meaning of “laying windows in the house” can be neutralized if you visually completely hide the former window opening - that is, do not leave it simply laid with bricks or blocks, and plaster, paint the color of other walls, sheathe panels, etc.

21.03.2011, 23:33

22.03.2011, 00:54

Write a complaint to the Housing Inspectorate, the Prosecutor's Office and the Federal Service for Supervision of Consumer Rights Protection and Human Rights Control

22.03.2011, 01:02

Sorry! Please poke - and what has changed in the Legislation and when - on the transfer of residential square in non-residential fund?

22.03.2011, 01:16

According to ch. 3 and ch. 4 of the Housing Code of the Russian Federation, the local authority does not have the right to take into account the agreement or disagreement of the owners and users of other premises in an apartment building when making decisions on re-equipment, re-planning of residential premises, transfer of residential premises to non-residential, non-residential premises to residential premises.

22.03.2011, 01:17

i dug a little here

Norms of art. 23 and 26 of the Housing Code of the Russian Federation, without requiring the consent of the general meeting of owners of premises in an apartment building, are in contradiction with Art. 44 LCD RF for the following reasons:
- reconstruction of an apartment building (including its expansion or superstructure), construction of farm buildings and other buildings, structures, structures, repair of common property in an apartment building should be based on the decision of the general meeting of owners of premises in the apartment building (Section 1, Part 2 44 of the Housing Code of the Russian Federation);
- the competence of the general meeting of premises owners includes making decisions on the limits of use of the land plot on which the apartment building is located, including the introduction of restrictions on their use, transfer to use of common property in an apartment building (paragraph 2 - 3 h. 2 of article 44 Housing Code of the Russian Federation).
Also according to Art. 137 Housing Code of the Russian Federation in cases where it does not violate the rights and legitimate interests of the owners of premises in an apartment building (that is, including not contrary to decisions taken in accordance with article 44 of the Housing Code of the Russian Federation), the homeowners ’partnership has the right to:
1) to provide for the use or limited use of a part of the common property in an apartment building;
2) in accordance with the requirements of the legislation, in accordance with the established procedure, to build upon, to rebuild a part of the common property in an apartment building.

22.03.2011, 01:19

from which I conclude that without the consent of the owners of an apartment building for the reconstruction of the premises, they are not entitled to make a second entrance with a staircase. I’m also thinking about housing inspection))

22.03.2011, 02:34

And such permission without the consent of the owners - is it possible to get?

Or maybe a decision was made after an absentee meeting?

22.03.2011, 03:09

22.03.2011, 08:50

the opinion of the owners does not matter, there should be a resolution on transferring to the undead fund from the administration, only then can the door

Laugh :)))

22.03.2011, 12:11

Today I found out from the chairman of the Homeowners' Association that allegedly a year ago there was an absentee voting (and there were no notifications about it anywhere) and the owner collected 2/3 votes. Permission to cut the door received. I think the chairman does not say everything, because I think he got his own too. But the complaint to the housing inspection will issue, let them check.

22.03.2011, 12:14

the opinion of the owners does not matter, there should be a resolution on transferring to the undead fund from the administration, only then can the door

But what about 44 Art. LCD?

22.03.2011, 12:37

And how will the hairdresser in the house interfere?
Cutting the outer wall threatens to collapse the house?

22.03.2011, 12:42

22.03.2011, 12:51

Connoisseurs, tell me. The situation is as follows:
We live in a small 3-ten-storey access brick house 4-year building. We have the HOA. The owner of the apartment on the 1st floor decided to make a hairdresser from his one-and-a-half. At a meeting of the HOA, which took place 4 years ago, it was decided by a majority of votes that the HOA is against non-residential facilities in the house and against the hairdresser’s. Now the legislation has changed and no one asks us, as the apartment owners of an apartment building (members of the HOA). Already 2 months of work on repairing the apartment. Now they are going to cut through the front door (the second) from the window of the apartment to the street (along the outer wall).
But the question arises: How to find out whether it is legal? Did they get permission for this and who? Are they required to provide this information to members of the HOA, the chairman upon request? Is it possible to prevent, suspend these actions legally?

Just won a trial on a similar occasion ...

22.03.2011, 13:44

Article 22 of the LCD RF has changed.

22.03.2011, 14:00

Article 22 of the LCD RF has changed.

When? we won in february.

22.03.2011, 14:20

i can't find something right now

22.03.2011, 14:56

Now we are preparing a complaint. As it turns out, many people are not satisfied with this barber shop. There are activists who have already prepared a complaint to the prosecutor’s office. I think it comes to court.

22.03.2011, 14:57

just won a trial on a similar occasion ...
when did the law change?

Tell us more about your experience?

22.03.2011, 14:58

Yes, I am concerned primarily with safety. We all know how all these redevelopments and renovations are consistent.
Then, after some time, the owner may sell this premises and there may be something else (pyshechnye, wine glasses, underground casinos, etc., etc.

If the door is placed in place of a window opening, security does not suffer at all.
Bearing structures remain unchanged. And the rest of the owner can do what he wants (of course with the agreement of the administration). We here in the basement first opened a grocery store, everything was fine. And now drinking with all the consequences in the literal and figurative sense. So if there is a hairdresser - rejoice.

To equip a doorway in the bearing wall is not an easy task if you decide to work from scratch. It is not always possible to break through a new passage, because the construction of the house as a whole may suffer from this. Let's look at what needs to be considered in this case and how to cope with this task in certain conditions.

The doorway in the supporting wall requires mandatory reinforcement

Important aspects

Quite a lot of people are worried about the question whether it is possible to make a doorway in the supporting wall of a brick or panel house. In general, such a decision is allowed subject to the necessary conditions, but any redevelopment of such a plan is undesirable. Bearing walls are subjected to enormous loads, and therefore violation of the technology of work performance can lead to the destruction of floors and the house as a whole.

The transfer of the doorway must be coordinated with the special service. It may take several months to bring this process to the end; therefore, such options should be thought out in advance.

In order to avoid mistakes, the following important aspects should be considered:

the material that was used in the construction of the house;
dwelling layout;
the ratio of the size of the opening and the bearing wall;
condition of the house and, in particular, floors;
the load that is on the wall from above;
thickness and condition of the wall.

The thickness and condition of the wall is one of the important aspects in organizing the opening in the supporting wall

Project opening

If you have conceived the transfer of the doorway in the construction of the supporting wall, first of all, you need to decide on the project. This will directly affect the order of work and their complexity.

The following options are possible:

Simple doorway in the plane of the bearing wall. This is an opening of standard dimensions, which runs from scratch in a new place. However, the existing passage can be closed or remain intact, which will also affect the load distribution.
Arched doorway. A more complex option, since it is necessary to take into account the shape of the bends. For brick walls, only a professional can perform such work, as a relationship with the location of the seams of the brickwork is required.
Minor carry over. This is the easiest and most secure option. In this case, the lintel is shifted to the side, part of the existing passage is stitched or laid with brick, and a fragment of the wall of the required size is cut from the side.

Varieties of doorways in the bearing wall

Used tools and materials

For punching the opening in the bearing wall requires a special tool. It is not recommended to use a perforator, as rough intervention and vibration can lead to the formation of cracks and chips.

For cutting walls are used:

Cable cutting. Special installation, based on rope cutting elements with artificial diamonds on the sleeves.
Diamond drilling. For work use strong drills with a diamond dusting of a cone-shaped form or with square section.
Diamond cutting saw. In this case, it is recommended to use a diamond-coated disk nozzle for wet cutting and a tank with water. This will cool the tool and prevent excessive dust formation.

Tools used for cutting walls

Carrying a doorway is a painstaking process. Be prepared for the fact that there is a lot of dust and debris in the room. It is recommended to completely remove the furniture and appliances at the time of repair.

Panel house

The actual question for apartment owners is how to make an opening in the supporting wall of a standard panel house? In this case, it is intended to cut out a part of the concrete slab that holds the upper tiers. In order to redirect the load from this area, steel lintels should be used.

First you need to mark the wall according to the developed project. Then holes are drilled along these marks, meaning base points. The main ones are upper corner ones, focusing on them you can remove a part of the concrete and lay a jumper. If you are doing it in two parts, for the beginning, you should install each half in the opening, calling at a certain distance beyond its borders. Then drill the holes for the screed with bolts, tighten them as tightly as possible and block.

As long as the solution does not dry out, it is impossible to continue the work; this may compromise the integrity of the structure.

After the concrete hardens, you can proceed directly to cutting out the opening itself. For these purposes, use diamond cutters. Work needs to be phased:

To begin, cut the overall contour to a small depth on both sides, focusing on the drilled marks.
Then divide the entire inside area into small sections.
Saw the wall into these pieces and alternately knock out of the opening.

The lintel is a key element in creating a doorway in a panel house.

If you decide to create an arched vault, you need to use a bent channel to strengthen the opening. Additionally install strapping on the sides. In this case, all elements of the supports must follow the contours of the future opening.

Brick house

In order to equip the opening in the supporting wall of an apartment brick house, it is necessary to slightly change the method of work. The first stage as a whole remains unchanged. It is necessary to outline the approximate location of the opening and its shape. Then remove the top layer of plaster in order to release the brickwork. So, you will see all the seams and details of the wall, which will allow you to easily adjust the project to specific conditions.

All contours and details need to be corrected taking into account the location of the brick joint. In order for the jumper to perform its functions, it is fully necessary to place it directly in the inter-seam space. A drill is also used to transfer the contours and a through hole is made.

Since it is somewhat more difficult to make an opening in the bearing brick wall, it is necessary to take care of the presence of auxiliary supports and jumpers in advance. Until you fix the channels, you need to provide support for the upper stonework. care must be taken, it is best to use diamond drills to minimize damage.

An important step in creating the opening in the bearing brick wall is to secure the channel

In order to strengthen the opening for a brick house, it is recommended to additionally use a metal structure made of corner profiles and plates, installed directly around the perimeter of the passage made. All parts are bolted together as well as by welding. After that, you can begin to finish and install the box.

Before you begin to redevelop such scales, be sure to consult with experts and get the appropriate permission. You can miss important details that will further affect the sustainability of the house as a whole. You should not risk security for the sake of bold design ideas.

How to make a door out of the window? Zakhlo - wide throat. Custom size of the window opening in the house

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