I can’t figure out the Town Planning Code of Individual Housing Construction and M-va’s letter on my own economic development RF dated March 20, 2013 No. OG-D 23-1426 did not clarify. The cadastral engineer said that I MAY not be able to obtain a certificate of ownership of a residential building, since the number of floors is 4 (four). House for 1 family in rural areas(near Rostov-on-Don) 10m by 10m. According to the plan: the ground floor - the top of the ground floor ceiling rises 1.7 meters above the level of the ground level - and 2 (two) above-ground floors. In fact: an attic floor has been added. In my case, is the ground floor (it has 3 rooms - a boiler room, a storage room and a third room with no purpose yet) considered a FLOOR? What if the answer is YES? We are all without registration now, since our only apartment was sold to complete construction. Please tell me what to do?

LETTER
dated March 20, 2013 No. OG-D23-1426
On determining the number of floors and number of storeys and criteria for classifying buildings as individual housing construction projects

MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

From 03/20/2013 No. OG-D23-1426

The Real Estate Department of the Ministry of Economic Development of Russia (hereinafter referred to as the Real Estate Department) reviewed the appeals dated February 12, 2013 and reports.

In accordance with the Regulations on the Ministry of Economic Development Russian Federation, approved by Decree of the Government of the Russian Federation of June 5, 2008 No. 437, the Ministry of Economic Development of Russia is not vested with the authority to explain the legislation of the Russian Federation, as well as the practice of its application.

At the same time, we believe it is possible to note the following regarding the issues raised in the appeal.

1. On entering into subsection I of the Unified State Register of Rights to Real Estate and Transactions with It (hereinafter referred to as the Unified State Register of Real Estate) information on the number of floors of a building or structure when carrying out state registration of rights.

Based on the provisions of paragraph 1.2 of part 1 of Article 20 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it” (hereinafter referred to as the Registration Law), paragraph 23 of the Rules for maintaining the Unified State Register of Rights for real estate and transactions with it, approved by Decree of the Government of the Russian Federation of February 18, 1998 No. 219, subsection I of the Unified State Register contains short description object real estate on the basis of documents certified by the organization (body) for registration of real estate objects in the territory of the registration district. Entries to subsection I of the Unified State Register may be made on the basis of other documents in cases established by the Registration Law.

Thus, information about the property in subsection I of the Unified State Register is entered on the basis of information contained in the state real estate cadastre.

The above information on the number of floors of a building or structure is entered into the state real estate cadastre when such buildings or structures are registered with the state cadastral register on the basis of a technical plan prepared by a cadastral engineer.

According to paragraph 42 of the Requirements for the preparation of a technical plan of a building, approved by order of the Ministry of Economic Development of Russia dated September 1, 2010 No. 403 (hereinafter referred to as the Requirements), in the corresponding lines of column “3” of the table “Building Characteristics” of the technical plan of the building based on the documents specified in paragraph 12 of the Requirements, information is entered on the number of floors of the building (including underground). If there are no underground floors of the building, the sign “-” (dash) is placed in the corresponding line.

Similar requirements are contained in the Requirements for the preparation of a technical plan for a structure, approved by Order of the Ministry of Economic Development of Russia dated November 23, 2011 No. 693.

2. On determining the number of floors and number of storeys.

In accordance with paragraph 19 of part 2 of Article 7 of the Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre” (hereinafter referred to as the Cadastre Law), information on the number of floors (number of floors), including underground ones, is also entered into the state real estate cadastre floors, if the property is a building or structure (if the building or structure has a number of floors).

According to the Instructions on accounting of housing stock in the Russian Federation, approved by order of the Ministry of the Russian Federation for Land Policy, Construction and Housing and Communal Services dated August 4, 1998 No. 37 (hereinafter referred to as the Instructions), to the floors residential buildings include:

Attic floor (attic) - a floor in the attic space, the facade of which is fully or partially formed by an inclined or sloping roof, while the line of intersection of the roof plane and the facade should be at a height of no more than 1.5 m from the floor level of the attic floor;

Above-ground floor - a floor where the floor level of the premises is not lower than the planning level of the ground;

Basement floor - a floor where the floor level of the premises is below the planning level of the ground by more than half the height of the room;

Technical floor – floor for placement engineering equipment and laying communications; can be located in the lower (technical underground), upper (technical attic) or in the middle parts of the building;

Basement floor - a floor where the floor level of the premises is below the planning level of the ground to a height of no more than half the height of the premises.

Also, according to the Instructions, the number of storeys of a residential building should be determined by the number of above-ground floors. When determining the number of storeys, the number of above-ground floors includes basement floors if the top floor of the basement floor rises above the level of the planning ground level by at least 2 m. The first above-ground floor is considered to be a floor whose floor is not lower than the level of the planning ground.

Current legislation does not contain a definition of the term “underground floor”. At the same time, according to the Department of Real Estate, all floors of the building and structures that are not related to above-ground floors are underground floors (basement floor, ground floor, if the top of its floor is located above the average planning level of the ground less than 2 m).

In accordance with SNiP 2.08.02-89* " Public buildings and structures" when determining the number of floors of a building, the number of floors includes all above-ground floors, including the technical floor, attic, and also the basement floor, if the top of its floor is at least 2 m above the average planning level of the ground. Underground for ventilation under buildings , designed for construction on permafrost soils, regardless of its height, is not included in the number of above-ground floors. The technical floor located above the upper floor is not taken into account when determining the number of storeys of a building.

Appendixes B and C of SNiP 01/31/2003 “Residential multi-apartment buildings” provide definitions of floors and rules for determining the number of storeys of a building. When determining the number of storeys of a building, the number of above-ground floors includes all above-ground floors, including the technical floor, attic, and also the basement floor, if the top of its floor is at least 2 m above the average planning level of the ground. The underground under the building, regardless of its height , as well as interfloor space with a height of less than 1.8 m are not included in the number of above-ground floors.

Thus, the number of storeys should be understood as the number of above-ground floors, including the technical floor, attic, and also the basement floor, if the top of its floor is at least 2 m above the average planning level of the ground.

The term “number of floors” is enshrined in Article 49 of the Town Planning Code of the Russian Federation as a criterion when determining the need for a state examination project documentation and cannot be replaced by the term “number of storeys”.

Thus, the number of floors should be understood as the number of all floors, including underground, basement, basement, above-ground, technical, attic.

At the same time, we inform you that the Ministry of Economic Development of Russia is currently working on draft federal law No. 54480-6 “On amendments to certain legislative acts of the Russian Federation in terms of state registration of rights and state cadastral registration of real estate objects”, adopted by the State Duma of the Russian Federation in the first reading on December 11, 2012, in accordance with which the exclusion of information on the number of storeys from the information of the state real estate cadastre provided for by the provisions of paragraph 19 of part 2 of Article 7 of the Cadastre Law is provided.

3. On the criteria for classifying buildings as individual housing construction projects.

According to Part 2 of Article 16 of the Housing Code of the Russian Federation, a residential building is recognized as an individually defined building, which consists of rooms, as well as premises for auxiliary use, intended to satisfy citizens' household and other needs related to their residence in such a building.

Based on the provisions of Part 3 of Article 48 of the Town Planning Code of the Russian Federation, individual housing construction projects are detached residential buildings with no more than three floors, intended for one family, for which preparation of project documentation is not required during construction, reconstruction, or major repairs .

In accordance with paragraph 6 of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and apartment building emergency and subject to demolition or reconstruction, approved by Decree of the Government of the Russian Federation of January 28, 2006 No. 47, apartment building a combination of two or more apartments having independent exits on either land plot, adjacent to residential building, or in common areas in such a house.

Thus, detached residential buildings with more than three floors (when calculating the number of floors all floors in the building are included) do not belong to individual housing construction projects.

When planning the construction of a house, almost every customer asks the question - what to build under the roof? Attic or attic space? What are the differences between these elements? The ability to separate the concepts of “attic” and “attic” is necessary not only because of the functionality of the room under the roof, but also in order to avoid possible problems when registering a residential property.

General effective area home largely depends on the purpose of the under-roof space. Let's take a closer look at the difference between an attic and an attic in a private house.

Attic - general concepts

Many people in the process of planning the construction of a private house dream of an attic, although the final result may differ from what is desired. Therefore, you should define the concept of an attic floor. SNiP provides a clear explanation ( building codes and rules). Let us immediately note that all legal actions related to registration (re-registration in the BTI and so on) are necessarily based on this set of laws.

According to SNiP 2.08.01-89 an attic or attic floor is the upper tier located in the attic space. Its façade is formed partly or entirely by the plane of the building's roof. The height of the walls formed should not exceed 1.5 meters from the floor level to the line of intersection with the roof surface, otherwise it is a full second floor.

Someone will object that his attic in a house made of timber has the same shape. Quite possible, but fundamental difference is that attic room- a specially equipped area under the roof of a house intended for living. This is the second main functional indicator. For this reason, the attic floor needs, especially for houses made of timber. Thermal insulation of additional living space requires additional costs, but as a result the rooms will be completely suitable for long-term living. Installation of ventilation is mandatory. Without it, rising air currents from the lower floors will not allow residents to feel comfortable. In addition, the problem of condensation on walls and ceilings is immediately solved.

Attic - is it necessary?

By attic space, most people mean a certain area under the roof, littered with a variety of rubbish. Old things, household and household items, spare parts - in general, everything that is a pity to part with for various reasons. SNiP considers the attic as a space between the roof structure, separated by external walls and not intended for living. If additional space is planned for the placement of engineering equipment and communications wiring, then it is usually called a technical attic. There are no other regulations that regulate the differences between an attic and an attic.

Unlike the attic floor, the attic space has a varied design.

According to its properties, the attic can be of two types:

• Cold. Insulation materials do not go beyond the boundaries of the floor ceilings.
• Warm. In this case, the insulation is located within the roof structure. In addition, the air that comes out of the house ventilation system passes freely through the attic space and thereby serves as a additional source heating in the cold season.

The attic is not only an improvised warehouse, but also serves as a kind of air cushion between the roof and residential floors. Interior decoration in this case, no construction is carried out and there are no additional costs for building materials. But how to equip and improve an attic space in a private house is, first of all, up to the owner to decide.

The main differences between an attic and an attic

And yet, what is the difference between an attic and an attic? Let's make a comparison.

1. The attic floor is intended for permanent residence. The attic room serves as a technical room.
2. The attic can be either warm or cold. The attic requires good, high-quality insulation and ventilation.
3. Design features attic spaces are varied and do not have clearly defined parameters, and for a residential attic level the maximum wall height should not exceed 1.5 meters
4. The financial resources spent on furnishing the attic are many times higher than the costs of equipping the attic.
5. requires installation special windows. For an attic, one or two small, even blind windows are enough.
6. Documentary aspects. The total area of ​​a residential building, unlike the attic, does not include the square meters of the attic.

As you can see, almost all the differences are based on functional features and characteristics of the premises.

What's better?

There is no clear answer to the question of which roof space is better. If the developer is satisfied with the living space on the first floor and the financial situation leaves much to be desired, the attic floor must be abandoned. Any type of attic that can be converted into living rooms over time is quite suitable. For those who don’t mind extra square meters and want something unusual and creative, an attic floor will come in handy. The only drawback, perhaps, will be the construction on personal plot garage or shed for old things.

Planning construction individual house for permanent residence or cottage, owners land plots are considering different variants future housing. They choose for a long time and carefully between projects of cottages with one or two floors, discuss the issue of arranging an attic, weighing the pros and cons. The problems of expanding living space by equipping premises under the roof are also solved by the owners of already built houses.

In the process of studying the characteristics and advantages of this type superstructures, the question often arises: is the attic the second floor in a private house? To understand this, you first need to understand what in construction practice is meant by attic construction.

Understanding the intricacies of terminology

If you turn to construction reference books, then in them the attic is called an attic-type living space, which is formed on top floor under the slopes of the roof of the house. In SNiP I-2 " Construction terminology”, developed by the USSR State Construction Committee, includes the definition of an attic as a floor for arranging premises inside a free attic space with insulation of enclosing structures (roof slopes). The question: is an attic a floor or not? SNiP 2.08.01-89 “Residential Buildings” also answers, the norms of which apply to the design of residential buildings. In it, it is referred to as a floor in the attic space, formed partially or completely by the surfaces of the roof, which can be pitched or broken. At the same time, attention is focused on the line of intersection of the roof and facade planes, which, according to standards, should be located at a height of no more than one and a half meters.

Is the attic considered a floor in the BTI?

If you read the instructions of the Ministry of the Russian Federation on land policy, construction and housing and communal services, which was approved in August 1998, No. 37, then in terms of determining the number of floors of a house, the attic is considered a floor. The area of ​​the premises of the superstructure in the form of an attic is also taken into account in the overall square footage of the building and is registered in the BTI according to cadastral documents. As for the cadastral passport, it also contains information about the number of storeys of the house.

Is the attic considered the second floor when registering a country house?

In relation to country houses, the calculation of the number of storeys is similar. Regarding the calculation of the area of ​​premises under the roof, it is included in the total if it is heated and suitable for year-round use. Laws are often amended, instructions are adjusted, so when registering real estate it is advisable to enlist competent legal advice a lawyer who is knowledgeable in this matter.

Correct legal and technical registration of any building saves owners from unnecessary problems and troubles in the future. Therefore, in order to avoid them, it is necessary to obtain a project and permits for the construction or reconstruction of a house. This is especially true for arranging an attic in an already existing house, because in technical passport there is no attic. Without received permitting documents the attic may be recognized as an unauthorized extension.

How is the attic different from the second floor?

The traditional second floor consists of straight vertical wall structures and has parallel planes floor and ceiling.

The design features of the attic are closely related to general structure houses and depend on the premises located below, and are connected with them by engineering communications. However, the design of the attic may differ in layout options: it can occupy an area corresponding to the entire square footage of the house, fit only on a certain part of it, or have a mezzanine tier. Each option for a planning solution is interesting in its own way from an architectural point of view, but there is a rule: the attic must fit within the boundaries located below the base walls of the building.

If we compare a regular floor with an attic floor, the differences will be in the following points.

1. The premises in the full tier have direct external walls and full height over the entire area. In the attic, the height of the room may vary depending on different points and depends on the roof configuration.
2. The square footage of the first and second floors in a traditional second floor is the same. The attic area is smaller square meters than the underlying premises due to the bevels of the enclosing structures.
3. The load of a house with an attic on the foundation is less than that of a two-story building.
4. The layout of the room in the attic floor has some limitations due to the presence of blind areas where the roof meets the walls. Valid on a full floor absolute freedom selection of planning solutions.
5. Thanks to the installation of inclined windows in the attic, excellent illumination is achieved. In rooms on the usual second tier, the level of illumination depends on the amount window openings and their locations.

The difference between the attic and the second floor is that the volume of air in the rooms under the sloping walls is less. Varies significantly and appearance buildings. Two-story houses, as a rule, they look more solid, and with an attic tier they are more compact.

Each developer is guided by certain criteria when choosing a future home, and issues of number of floors and area play an important role. In this case, you should take into account not only the beauty, comfort and construction costs, but also the future costs of maintaining and operating the house. And in this case, buildings with an attic will cost more in terms of taxation profitable option. Lawyers explain that the attic area is taken into account for tax purposes only if the ceiling height at the smallest point from floor to ceiling is at least 2 meters.

If a residential building has a pitched roof, then a space will be formed under it, which can be called an attic or attic. You need to know the difference between an attic and an attic. This is necessary not only to understand the functionality of the under-roof space, but also to ensure that you do not have problems during the registration of the house, since the total and living area of ​​the house can differ significantly depending on the purpose of the space under the roof.

An attic in a private house is an opportunity to expand the living space. This concept is clearly explained in SNiP number 2.08.01-89. It is this document that the BTI relies on when registering and re-registering a residential building.

In accordance with SNiP, the attic floor is an additional warm living space that is located in the space under the roof. They can be completely limited to stingrays hipped roof or only two slopes and gables of the building. The attic is different from attic spaces in that the height of the wall from the level of the floor surface to the line of its intersection with the slope cannot be less than 1.5 m. If the walls are much higher, then this is already a full second floor, and more low walls can only be in the attic. The permissible ceiling height must be at least 2.5 m.

The next difference between the attic floor and the attic is that these are living spaces, and therefore they must be heated, which requires thorough insulation of the roof structures. It is equally important that these rooms need good ventilation and natural light, so the attic must have sufficient quantity windows

Important! Even an ordinary attic can be converted into a full-fledged attic. To do this, its walls need to be sewn up along the frame so that the line of intersection with the slopes is at least 1.5 m. It is also necessary to thoroughly insulate the roof structure and install attic windows.

The main advantage that an attic gives to home owners is additional living space without extra costs for the construction of another floor. It has been proven that the cost of such space in a house is 50% less than when constructing a full second floor. The thing is that the cost of insulating a roof structure is much less than the cost of erecting the walls of another full tier.

Attic space

In the minds of many people, the attic should differ from the attic in that it is a space under the roof, littered with unnecessary rubbish. However, in SNiP, an attic is a room under the roof of a house, which is limited by enclosing structures (walls and slopes), is unheated and is not intended for living.

There is also the concept of a technical attic. It is allowed to install technological equipment, pave engineering Communication. Unlike the attic floor, the attic does not have strict requirements regarding the height of the ceilings, the distance from the floor to the line of intersection of the walls with the slopes.

There are two types:

• Cold. In this case thermal insulation materials are laid only in the ceiling of the last residential tier.
• Warm. It is insulated not only in the interfloor ceiling, but also in the roof structures. Also, an additional source of heating for such a room can be warm air, which rises from the lower floors through the ventilation system and freely passes through the attic space.

The attic is not only additional storage space in the house. It serves as a kind of heat insulator, because living rooms will be separated from the cold air outside not only by enclosing structures, but also by air in the attic space.

It’s worth knowing: a house with an attic is much warmer than buildings with an attic-free roof. That is why, in our conditions harsh winters it is reasonable to build residential buildings with pitched roof and the attic.

Differences

Let’s summarize and clarify what the difference is between attic and attic spaces:

1. The attic performs secondary functions and is used as extra space storage or for installing equipment and laying communications. The attic floor is used for permanent residence.
2. Attic spaces can be warm (but without heating) and cold; attic spaces require thorough insulation and heating.
3. There are no requirements for the design and shape of non-residential space. Living rooms under the slopes have strict restrictions: their height must be at least 2.5 m, and from the floor to the line where the slopes join the walls must be at least 1.5 m.
4. The costs of furnishing a residential floor are significant compared to the costs of constructing an attic.
5. The attic tier requires the installation of full-fledged windows for lighting and ventilation of the premises. For a non-residential floor, it is enough to make a couple of small dormer windows to ventilate the space under the roof.
6. The area of ​​the attic floor is included in the total and living area of ​​the house, which cannot be said about the non-residential space under the slopes.

There is no point in saying that one is worse than the other, since the attic system, if desired and has the means, can be converted into a full-fledged living space. It is only necessary to insulate the roof system, hem the ceiling and sew up the walls so that they meet regulatory requirements.

Therefore, we can say that when building a private house and arranging a pitched roof system, you should make sure that in the future you have the opportunity to convert the attic space into residential attic rooms. This will allow you to minimal costs, without moving out of your home, expand your living space.

There really is no direct instruction in the Housing Code of the Russian Federation not to place residential premises in basements and attics. But these instructions are present in all legal regulations related to construction and operation without exception. apartment buildings. And the Housing Code of the Russian Federation provides links to these regulations in all its articles related to residential premises.

Housing Code of the Russian Federation, Article 23. The procedure for transferring residential premises to non-residential premises and non-residential premises to living quarters
"10. When using the premises after its transfer as residential or non-residential premises, the requirements must be met fire safety, sanitary, hygienic, environmental and other requirements established by law, including requirements for the use of non-residential premises in apartment buildings."

Housing Code of the Russian Federation, Article 22. Conditions for transferring residential premises to non-residential premises and non-residential premises to residential premises
"4. The transfer of non-residential premises to residential premises is not permitted if such premises do not meet the established!!! REQUIREMENTS!!! or there is no possibility to ensure compliance of such premises with established requirements, or if the ownership of such premises is encumbered by the rights of any persons."

Requirements for residential premises are stated here:
Decree of the Government of the Russian Federation of January 28, 2006 N 47 (as amended on March 25, 2015)
"On approval of the Regulations on the recognition of premises as residential premises,
residential premises unsuitable for habitation and an apartment building in disrepair and subject to demolition or reconstruction"
http://www.consultant.ru/document/co...067/#dst100028

II. Requirements that residential premises must meet
"23. The floor level of the living space located on the ground floor must be higher than the planning level of the ground.
Placing residential premises in the basement and ground floors is not permitted.”

"21. In a residential area, the required insolation must be provided for one-, two- and three-room apartments- in at least one room, for four-, five- and six-room apartments - in at least 2 rooms. The duration of insolation in the autumn-winter period of the year in a residential building for the central, northern and southern zones must correspond to the corresponding sanitary standards. The coefficient of natural light in rooms and kitchens should be at least 0.5 percent in the middle of the living space."

I think it’s not worth saying that the basement is unlikely to meet the requirements for insolation in residential premises, and many other requirements too. In addition, there is a direct indication of the prohibition of placing residential premises on the ground floors.
This prohibition is contained in several documents, links to which I have provided above.
As I understand it, the court and the state. authorities must be guided by these regulations when deciding whether to recognize a particular premises as residential or non-residential.
Accordingly, the question is: why are they not guided? Where do these new settlers with register certificates come from? property rights “object of law: apartment; floor - basement?
I roughly understand the scheme for arranging apartments in basements.
Construction can only be done with permission and approval from the authorities. To obtain it, you must provide the relevant authorities with project documentation.
Having received permission, the developer begins to build, but during construction he deviates from the project and unauthorizedly equips the premises in the basement and adds one floor on top.
Before/after putting the house into operation (who knows exactly at what stage - please tell me), the developer/buyers of the “apartments” (tell me who exactly) go to court (tell me what is the reason for going to court, what demands is being made by who and to whom? in the lawsuit).
The court recognizes the premises in the basement and on the top floor as residential.
Buyers, based on a court decision, receive all documents required by law for apartments.

If I'm wrong and everything is done differently, explain how differently.
If other schemes exist, describe them in general terms.
And what is the court guided by when recognizing placement in ground floor residential?

In general, if anyone is in the know, please explain the details of this entire process.
In general, as a buyer, I am primarily interested in the legal and physical features of owning and living in such “apartments.”
A lot of questions arise in my head. Here are just a couple of them:
If on the ground floor or last upper (attic) floor I own a premises, which according to the documents is called a “residential apartment”, but at the same time any general building communications will take place in this premises: in the event of an emergency, I am obliged to allow repairmen into my apartment or if I don’t want to let them in voluntarily, will I be protected by the law, including the constitution, which says about the inviolability of the home and they will be able to enter my apartment only by a court decision?

What to do with Article 23 of the RF Housing Code? If you succeeded, it doesn’t matter how, but you still managed to register the premises in the basement or attic as a residential premises, but when using it, the requirements established by the regulations on residential premises are not met. Maybe some kind of technical supervision, some guy from the cadastre, or someone else will come and declare that my residential premises are being used in violation of the Decree of the Government of the Russian Federation of January 28, 2006 N 47 and violations of SanPiNs and other regulations on residential premises and through the court to recognize my premises as non-residential?