Inseparable improvements of the Civil Code of the Russian Federation examination sample. Inseparable improvements. Shared ownership improvements

For earthworks 14.11.2020

Does the garage complex under construction at the address: industrial facilities? If so, why? Question No. 13 What are the restrictions for construction at: based on the fact that the construction site is an intra-yard (intra-quarter) residential area on which a playground is located? Question No. 14. What urban planning standards have been violated in the design and construction of a garage complex at: ?Question No. 15. What kind of complex is actually being built at: ?

“Determining the compliance of the erected Object with fire safety standards” Question No. 1. Determine compliance with fire safety standards of a warehouse building located at the address: Moscow Region,.
"Determination of the functional purpose of the premises (attic)" Question No. 1.

Examination of inseparable improvements

Is an attic space with an area of sq.m., located in a non-residential building at the address:, a technical (auxiliary) room necessary for servicing the building?

Articles

According to the civil code of our country, inseparable improvements are property improvements that are aimed at improving the technical and functional capabilities, and which cannot be separated from the object, and cannot be considered separately. It is customary to refer to the inseparable improvements the results of redevelopment and overhaul, as well as carried out reconstruction and restoration work.

As works aimed at obtaining inseparable improvements, the following can also be considered:

restoration work;
work on changing the surface of walls, ceilings and floors.

Naturally, the list is not limited to this, and it can be expanded depending on the specific situation.

Estimating the cost of repairs as inseparable improvements to the property

Separable improvements to the common property, unless otherwise provided by an agreement between the participants in shared ownership, shall become the property of the participant who made them. MAIN TYPES OF ASSESSMENT OF INDIVIDUAL IMPROVEMENTS: Features of the assessment of inseparable improvements to real estate Since the subject of the assessment are works, services and materials paid by the interested person, such an object of assessment cannot be independently alienated on the market since it is considered as a share in the original value of the property.
The income approach method is based on the definition present value expected future income from the use of the facility. As part of the subject of assessment of the market value of works, services and materials necessary for repairs, reconstruction, this approach is not applied, since it does not provide for the receipt of any income.

Expertise in the division of property

Important

Defendant FULL NAME3 at the hearing of the Court of Appeal the arguments of his appeal also supported. Evaluation of the cost of repairs as inseparable improvements to the property What is the degree of efficiency of natural ventilation on the top floor of the above residential building and in particular apartment No._? Does the ventilation system meet building codes and regulations? Question #10.

What are the causes of high humidity and low temperature in apartment No. _, located at: ?Question No. 11. Does the quality of the used building materials and products, the quality of individual parts of buildings and structures correspond to the current SNiPs? Question No. 12. Did the materials used correspond to the design and technical documentation? Question No. 13.

Assessing inseparable improvements

Inseparable Improvement Evaluation Application What are inseparable improvements? Evaluation of inseparable improvements. The Civil Code of the Russian Federation connects this concept with leased property, but there is no unambiguous wording in any legislative act. According to established practice, inseparable improvements include changes to an object that improve its technical and functionality and which are inseparable from the object itself. As a rule, these include the result of redevelopment, overhaul, restoration work, reconstruction, restoration, changes in the surface of the walls, floor and ceiling of the room, etc.

Section of households

Estimating the cost of repairs as inseparable improvements to the property primarily involves identifying the cost of capital costs at the facility (apartment, non-residential premises, building), i.e. are inseparable from the object itself without causing damage to it. These costs may represent buildings or structures located on land plot, which cannot be separated from it without inflicting physical damage on them and changing the appearance of the premises.
Clause 3, Article 245 of the Civil Code of the Russian Federation: A participant in shared ownership who has made inseparable improvements to this property at his own expense, in compliance with the established procedure for the use of common property, has the right to a corresponding increase in his share in the right to common property.

Section of Inseparable Improvements in Divorce

It should be understood, however, that we are talking more about circumstances under which it is often, but not guaranteed, to speak of improvements that cannot be separated from the property. Often, even the court itself can be at a loss as to which particular measures should be attributed to inseparable changes that have increased the technical and functional potential of an apartment, building, structure, etc.

It is far from always possible to understand the above issues without the help of a specialist, therefore, an examination of inseparable improvements is periodically ordered in order to simply find out how the results of certain activities should be considered within the framework of the current legislative framework. The Civil Code of the Russian Federation associates the concept of inseparable improvements with leased property.
What is the market value of the repair carried out in the apartment, taking into account the fact that the apartment was acquired by the plaintiff as a property without finishing? What is the market value of the severable and non-separable improvements to the plaintiff's apartment? Question #5. Are there defective zones in the enclosing structures of entrance No. _ in residential building No. _ at the address, including in apartment No. _? Question No. 6. If defective zones are found in the enclosing structures, what work needs to be done to eliminate them? Question No. 7. What other factors affect high humidity and low temperature in apartment No. _ of residential building No. _ at the address? Question No. 8. Does the ventilation duct operated in the entrance No. _ of residential building No. _ at the address correspond to the design and technical documentation? Question No. 9.
Despite the fact that the improvements made can be assessed in monetary terms, they are not subject to the rules on unjust monetary enrichment (clause 2 of article 1107 of the Civil Code of the Russian Federation) and the calculation of interest for the use of other people's funds (article 395 of the Civil Code of the Russian Federation). The fact is that these norms apply only in case of enrichment in cash (determination of the Supreme Arbitration Court of the Russian Federation of April 3, 2009 No.

VAS-402/09 in case No. A41-K1-13707/07 and p. 6 information letter Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2000 No. 49). Property improvements are not monetary in nature.

Sometimes even the court finds it difficult to determine which concrete results of work should be attributed to inseparable improvements. In such cases, an expert is usually invited to give an opinion.

Are there visible defects in the structures of a residential building located at: ; what are possible reasons their occurrence? Do the existing defects, if any, pose a threat to human life?

“Re-planning of an apartment for the purpose of independent living of two families” Question No. 1. Compliance of the apartment located at the address: Moscow with building codes and regulations in force on the territory Russian Federation Question number 2.
The possibility of redevelopment of an apartment located at the address: Moscow, with the aim of independent residence of two families.
"Removable, integral improvements» Question number 1.
Is it available in non-residential premises located in the building at: with total area sq.m., the following property:Question #2.

In order to establish the exact cost of inseparable improvements, it is necessary to seek quality help from experts. Experts should be able to conduct a forensic examination. Examination is carried out in order to reveal hidden facts. The expert is qualified and experienced in these cases, knows how to properly and accurately draw up a report, which is very important. The expert examines:

restoration work;
works on changing the surface of the walls;
work on changing the surface of ceilings;
work to change the surface of the floor.

The expert evaluates the cost according to all norms and standards, if there are deviations, then all of them are recorded. At the end of the work, the expert draws up a conclusion in which he indicates all the work done.

Application of expertise

Forensic examination is carried out at the level of the legislation of the state, it can be appointed by the court or is carried out at the request of a legal or individual. You can apply for a forensic examination for this, you need the following documents:

justification for the examination;
you need to indicate the name of the expert company or indicate the initials of the expert who will conduct the forensic examination;
documents to be submitted to the expert;
a list of questions is established that the forensic expert must resolve and indicate in his report.

Expertise cost

The cost of conducting a forensic examination is paid by one party that requested an examination. There are cases when a forensic examination is required by both parties to the case to determine the necessary evidence. AT this case the cost of services will be divided in half. The following factors may affect the cost:

the complexity of the questions raised;

the number of tasks for their solution;

the amount of information that is provided to the specialist for consideration.

A forensic examination conducted by an expert engineer helps to establish accurate cost data that can be used for your own purposes. The expert describes all the details of the examination in a report, which is submitted to the court, and on the basis of this report, a verdict is issued.

The examination is carried out within the specified time limits, which were previously established. Based on the results of the study, the expert must draw up a conclusion. In conclusion, the results that were obtained in the course of the study are indicated.

The finished conclusion is drawn up in accordance with all established norms and standards, and transferred to the investigative committee. Further, the conclusion will be used in the case under investigation. Based on the fact that the opinion has legal force, it is taken into account during the investigation or court case.

In order to conduct a forensic examination of determining the cost of inseparable improvements, you can seek help from our experts. Prior to the start of the examination, a preliminary consultation is held, during which all the nuances are discussed. Our experts have the necessary education and experience in this field. They will do all the work quickly and efficiently. And the results obtained can be used for your own purposes.

We draw your attention to the fact that this decision could be challenged in a higher court and overturned

NIZHNY NOVGOROD REGIONAL COURT

APPEALS DETERMINATION

DD.MM.YYYY the Judicial Collegium for Civil Cases of the Nizhny Novgorod Regional Court, consisting of the presiding judge FULL NAME6, judges FULL NAME7 and FULL NAME8,
under secretary FULL NAME9,
with the participation of representatives FULL NAME2 - FULL NAME13 (by proxy), lawyer FULL NAME14, FULL NAME3, representative ZHSK N FULL NAME10,
having heard in open court on the report of the judge FULL NAME7
case on appeal FULL NAME2, FULL NAME3
against the decision of the Avtozavodsky District Court of N. Novgorod dated DD.MM.YYYY
in a civil case on the claim of FULL NAME2 to FULL NAME3 for the recovery of the amount of unjust enrichment, interest for the use of other people's money, court costs,

Installed:

FULL NAME2 filed a lawsuit against FULL NAME3 for the recovery of the amount of unjust enrichment, interest on borrowed money, court costs.
In support of the requirements, she indicated that she and the defendant are members of the housing cooperative N. DD.MM.YYYY between the housing cooperative and FULL NAME3 an agreement was concluded on an individual share contribution N, under the terms of which the parties participate in the construction of a 3-room apartment<адрес>on the 6th floor of a 9 - 10-storey building<адрес>. The house was put into operation and the address was assigned to it:<адрес>. At a meeting of the Board of ZhSK N DD.MM.YYYY, it was decided to provide her<адрес>, subject to repayment of the defendant's debt to the housing cooperative in the amount of 259000 RUB., after which FULL NAME2 this amount was contributed. After the decision of the board, the plaintiff began to make repairs in this apartment, DD.MM.YYYY entered into an agreement with a construction company, the total cost of repairs amounted to 1,152,183 rubles. The work under the contract was completed in full in accordance with the estimate and accepted by it according to the act of work performed dated DD.MM.YYYY.
<адрес>from DD.MM.YYYY decision ZhSK N from DD.MM.YYYY regarding the transfer of FULL NAME2 from<адрес>in<адрес>found to be inconsistent with the law. The property is currently owned by the defendant.
Subject to amendments and additions in accordance with Art. 39 Code of Civil Procedure of the Russian Federation of claims, FULL NAME2 requested to recover in her favor from FULL NAME3 unjust enrichment in the form of the cost of repair and finishing works<адрес>Nizhny Novgorod in the amount of 1,096,490 rubles 86 kopecks, interest for the use of other people's funds in the amount of 204,382 rubles 89 kopecks, expenses for paying the state fee, expenses for paying for the services of a representative in the amount of 5,000 rubles (case file vol. 2 36) .
Claimant FULL NAME2, representative HOA N at the hearing did not appear, the case was considered without their participation.
defendant FULL NAME3 and her representative FULL NAME11 at the hearing the claim is not recognized.
Decision Avtozavodskogo District Court Mr.. N. Novgorod from DD.MM.YYYY claims FULL NAME2 partially satisfied.
FULL NAME3 in favor of FULL NAME2 recovered unjust enrichment in the amount of 333911 rubles, interest for the use of other people's funds in the amount of 2000 rubles, expenses for paying the state fee in the amount of 6539 rubles 11 kopecks, expenses for paying for the services of a representative in the amount of 5000 rubles, and a total of 347450 rubles 11 kopecks.
The rest of the claims FULL NAME2 denied.
The appeal FULL NAME3 raises the question of the cancellation of the court's decision as illegal and unreasonable, decided in violation of substantive and procedural law. She believes that the court has not established the fact of improvements in her apartment as a result of repairs made by the defendant, as well as the amount of such improvements. In this case, as unjust enrichment in accordance with the norms of Part 3 of Art. 303 of the Civil Code of the Russian Federation and part 1 of Art. 1105 of the Civil Code of the Russian Federation should not be considered the cost of the repair work performed by the plaintiff, but the monetary equivalent of an increase in the cost of the renovated apartment as a result of these works, at the time the owner acquired the property in which inseparable improvements were made. However, the plaintiff did not prove that as a result of his actions to repair and redevelop the apartment, its value increased. FULL NAME3 also considers himself an improper defendant in the case, which should be ZhSK N - the owner of the renovated apartment at the time of the repair in it. opines that unjust enrichment is not recoverable from her in favor of FULL NAME2, which allowed abuse of the right and made repairs in the apartment, despite litigation. In his opinion, the cost of works on unauthorized redevelopment of the apartment, as well as the costs of paying VAT, the cost of overhead costs, and estimated profit cannot be recovered from the defendant, since the plaintiff did not prove the fact that repair work was carried out by the contracting organization Artel LLC. The Court did not take into account that FULL NAME2 kept the apartment in its possession until DD.MM.YYYY, and for the period from DD.MM.YYYY to DD.MM.YYYY physical deterioration of the materials used in the repair occurred. The defendant's petition for the appointment of a construction expertise to resolve the issue of the amount of depreciation of building materials, filed by FULL NAME3 in the office of DD.MM.YYYY, the court did not consider what the adversarial principle was violated.
The appeal FULL NAME2 raises the question of changing the decision of the court in part as illegal and unreasonable, decided in violation of substantive and procedural law. Indicates that the court unlawfully denied her request to postpone the trial due to her failure to appear due to the upcoming hospitalization and the absence of her representatives due to their employment in another process. As a result, she was prevented from filing a claim for reimbursement of court costs. According to the applicant, the court unlawfully based its decision on the opinion of OOO Laboratoriya forensic examinations", which is executed with errors, which is confirmed by Analytical note SP FULL NAME12 The fact that the appraiser OOO "Forensic Examination Laboratory" FULL NAME1 has documents confirming her membership in a self-regulatory organization of appraisers was not verified by the court. reduced the amount of interest itself, and not the rate, as provided for by the Decree of the Plenum of the Supreme Court of the Russian Federation / Supreme Arbitration Court of the Russian Federation No. dated DD.MM.YYYY, and did not take into account that at the time of the decision in the case, the defendant's monetary obligation had not been fulfilled. the amount of dismantled radiators and windows in the amount of 31,354 rubles should not be excluded from the total amount of unjust enrichment.
At the hearing of the court of appeal representatives FULL NAME2 - FULL NAME13 and lawyer FULL NAME14 arguments, set out in the appeal, supported. They ask to appoint a repeated judicial construction and technical expertise in the case on the volume and cost of repairs carried out in the disputed apartment in prices for the 3rd quarter of 2006, entrusting it to IP FULL NAME12 (N. Novgorod, B. Pokrovskaya st.,<адрес>).
Defendant FULL NAME3 at the hearing of the Court of Appeal the arguments of his appeal also supported. He asks to appoint an additional judicial construction and technical expertise in the case on the issue of determining the amount of wear and tear of building materials used in the repair in the disputed apartment for the period from the date of completion of the specified repair work to DD.MM.YYYY, entrusting its implementation to LLC "Laboratory of Forensic Expertise" .
After listening to the persons who appeared in the case, having studied the materials of the case, the panel of judges comes to the following.
It follows from the case file that FULL NAME2 has been a member of the housing cooperative N since 1989 for the purpose of building a two-room apartment in<адрес>.
DD.MM.YYYY between ZhSK N and FULL NAME3 concluded an agreement on an individual share contribution N, the subject of which is the participation of the parties in the construction of one three-room apartment<адрес>on the 6th floor of the 9 - 10-story<адрес>city of Nizhny Novgorod with a total area of 67.72 sq. m at the expense of the shareholder and compensation for the rise in the cost of construction from the funds of the regional and federal budgets (case sheet 116 v. 1).
DD.MM.YYYY a meeting of the board of housing cooperative N was held on the issue of the transfer of rights FULL NAME2 from a two-room<адрес>for a three-room apartment<адрес>instead of FULL NAME3, which did not fully pay the share contribution and was credited with a dollar<адрес>decided to satisfy the request FULL NAME2 subject to transfer Money to the settlement account of the HCC. FULL NAME2 fulfilled the obligation and made the difference in the cost of a three-room and two-room apartment. FULL NAME3 was without her consent and notification moved to an apartment of smaller area cost in proportion to the contributed funds.
By the decision of the Nizhny Novgorod District Court of N. Novgorod dated DD.MM.YYYY, which entered into force DD.MM.YYYY (vol. 1 pp. 7 - 12), the decision of ZhSK N dated DD.MM.YYYY regarding the translation FULL NAME2 from<адрес>in<адрес>found to be inconsistent with the law and revoked.
DD.MM.YYYY again took place the decision of the Board of ZhSK N on the transfer of FULL NAME3 from a three-room apartment to a two-room apartment, FULL NAME2 transferred disputed<адрес>.
The decision of the Nizhny Novgorod District Court<адрес>from DD.MM.YYYY, which entered into force DD.MM.YYYY (ld 23 - 29 t. 1), the decision of the ZhSK N on the transfer of FULL NAME3 from a three-room apartment to a two-room apartment was declared illegal and canceled, for FULL NAME3 the right was recognized ownership of<адрес>g. N. Novgorod, FULL NAME2 evicted from this residential premises and is obliged to release him from his property.
FULL NAME3 is settled in the apartment DD.MM.YYYY and uses it (vol. 1 case file 121). The dwelling was released FULL NAME2 from her belongings and property, from the act of eviction from DD.MM.YYYY it follows that the property of the debtor, subject to inventory and transfer for safekeeping, was not found in the apartment (vol. 1 ld 132 l .d. 3 enforcement proceedings).
On the basis of the contract concluded DD.MM.YYYY with a repair organization for the performance of repair and finishing works, FULL NAME2 repaired<адрес>. DD.MM.YYYY the parties signed an act of acceptance of the work performed. The amount of expenses for carrying out repair and finishing works according to the local estimate calculation amounted to 1,152,183 rubles (v. 1 ld 13 - 17, 3 - 37).
Defendant B. believes that the court did not establish the fact of improvements in her apartment as a result of repairs and redevelopment made by the defendant and the size of such improvements, since instead of a 3-room apartment, she was actually transferred from FULL NAME2 a 2-room apartment, with one adjacent (passing) room connected to the kitchen, the repair was of inadequate quality. He believes that it is not the cost of the repair work performed by the plaintiff that is of legal importance in the dispute, but the monetary equivalent of the increase in the cost of the repaired apartment as a result of these works, at the time of the acquisition by the owner of the property, which is regulated by Article 303 of the Civil Code of the Russian Federation.
These arguments of the Appeal of the Respondent deserve attention.
In accordance with Part 1 of Art. 327.1 of the Code of Civil Procedure of the Russian Federation, the court of appeal considers the case within the limits of the arguments set forth in the appeal, presentation and objections to the complaint, presentation.
As explained in paragraph 29 of the Resolution of DD.MM.YYYY N "On the application by the courts of the norms of civil procedural legislation governing proceedings in the court of appeal" Plenum of the Supreme Court of the Russian Federation, if the court of first instance incorrectly determined the circumstances relevant to the case (paragraph 1 Part 1 of Article 330 of the Code of Civil Procedure of the Russian Federation), then the court of appeal should discuss the issue of the presentation by the persons participating in the case of additional (new) evidence and, if necessary, at their request, assist them in collecting and demanding such evidence.
When considering the case, the court did not examine the question of whether the value of the disputed apartment increased as a result of the repair and redevelopment performed in it FULL NAME2, i.e. after her improvements. At the same time, this issue is essential for resolving the dispute that has arisen between the parties.
In accordance with Art. 79 of the Code of Civil Procedure of the Russian Federation, if issues arise during the consideration of a case that require special knowledge in various fields of science, technology, art, craft, the court appoints an examination. The examination may be entrusted to a forensic institution, a specific expert or several experts.
Each of the parties and other persons participating in the case shall have the right to present issues to be resolved during the examination. The final range of issues on which an expert opinion is required is determined by the court.
The parties, other persons participating in the case have the right to ask the court to appoint an examination in a specific forensic institution or to entrust it to a specific expert.
Since the issue of changing the value of the disputed apartment as a result of the inseparable improvements made in it, FULL NAME2, is legally significant in the consideration of this case, the judicial panel considers it necessary to appoint and conduct an additional forensic construction and technical examination in the case, entrust its conduct to the expert LLC "Laboratory of Forensic Expertise" FULL NAME1 (N. Novgorod, Oksky congress,<адрес>), taking into account the stated petitions of the parties for the appointment of a forensic examination in the case, the costs of payment shall be borne by the parties in equal shares.
The final circle of questions to the expert is determined by the judicial panel, while the questions proposed by the parties and having no legal significance for resolving the case are rejected by the judicial panel.
Due to the fact that the examination requires considerable time, the proceedings in the present case until the end of the examination in accordance with Art. 216 Code of Civil Procedure of the Russian Federation is subject to suspension.
Based on the above, guided by art. Art. 79, 216, 327.1 Code of Civil Procedure of the Russian Federation, Judicial Board

Determined:

To appoint an additional judicial construction and technical expertise in the present case, for the resolution of which to raise the following questions:
1. Has there been an increase in value<адрес>g. N. Novgorod, returned FULL NAME2, at prices for the 1st quarter of 2009, in comparison with its value before the repair work and redevelopment made by the plaintiff?
2. If the cost has increased, what is the monetary equivalent of the increase in value<адрес>Nizhny Novgorod in prices for the 1st quarter of 2009?
3. What is the volume of inseparable improvements made<адрес>g. N. Novgorod and the amount of FULL NAME2 made on them costs as of the 1st quarter of 2009 (taking into account the natural wear and tear of the repairs made in 2006)?
4. Determine the cost of heating radiators installed FULL NAME2 in<адрес>N. Novgorod, and the cost of dismantled radiators in prices for the 1st quarter of 2009.
5. Determine the cost of window blocks installed FULL NAME2 in<адрес>N. Novgorod, and the cost of dismantled window blocks in prices for the 1st quarter of 2009.
Entrust the examination to the expert LLC "Laboratory of forensic examinations" FULL NAME 1 (N. Novgorod, Oksky congress,<адрес>), warning her of criminal liability under Art. 307 of the Criminal Code of the Russian Federation for knowingly false conclusion.
Payment for the examination to impose on FULL NAME2 and FULL NAME3 in equal shares.
To provide the experts with the materials of the civil case N.
Conduct an examination in month from the moment the case is received by the expert institution.
Suspend the proceedings until the end of the examination.

Due to the lack of an unambiguous formulation in the legislation of what is considered an inseparable improvement, according to established practice, they include such changes in the object that improve its technical and functional capabilities and are inseparable from the object itself. Typically, such improvements are repairs, redevelopment of the property, reconstruction, restoration, and so on.

What is the valuation of inseparable improvements?

Valuation of inseparable improvements is the process of determining the cost of improvements to a property. It is important to understand that inseparable improvements cannot be separated from the property without harm to them directly, as well as to the property.

As practice shows, such an assessment is required:

When renting a property

Case Study: An organization has been renting an office building for several years. Over the years, some premises have been re-planned in order to increase their functionality, and communications have also been replaced. When terminating the lease agreement, the tenant organization has the right to demand that the owner of the building reimburse the costs of improving these premises. To justify the amount, our company evaluates the cost of inseparable improvements.

When calculating the amount of shared ownership

Example from practice: During the period of marriage, the spouses made expensive repairs in the apartment using common funds. When a marriage is dissolved, if the apartment goes to one of the parties, the other has the right to demand compensation, taking into account the costs of this repair. In order for a fair decision to be made in court, our company evaluates these improvements.

The following factors affect the cost of inseparable improvements:

Economic and technical relevance of the improvements made
Completeness of submitted documents
Degree of need for improvement
Potential lifetime of the improvements made

How are inseparable improvements evaluated?

Determining the cost of improvements is an extremely difficult job, which can only be carried out by a specialist with sufficient qualifications and education. When assessing the cost of inseparable improvements, technical studies are carried out to determine the work carried out as inseparable improvements, and not repairs necessary to maintain the facility in its original state, which is of particular importance in litigation and other disputes.

Defining market value improvements, it is important to realize that such an object of evaluation cannot be alienated on the market on its own. This means that the value of improvements cannot be considered without taking into account the value of the property to which they relate.

When evaluating the cost of inseparable improvements, our appraisers use cost approach , which most fully and accurately allows you to take into account all costs and cumulative depreciation (physical depreciation, functional and economic obsolescence) and thereby obtain the final value of the market value of the improvements.

Important:

The amount of compensation payable to the tenant as a refund is calculated taking into account the elapsed time. This is due to the fact that the landlord, as it were, buys improvements only after the expiration of the contract. However, by this moment, their value has already managed to decrease due to physical wear and tear these improvements. In this regard, it cannot be said that the tenant can count on reimbursement of the full amount of funds spent.

What does the client get?

Based on the results of the assessment carried out by our specialists, the client receives an assessment report, which is an official document confirming the market value of inseparable improvements, and is compiled in accordance with the requirements of the law and the Federal Valuation Standards (FSO). The report on the assessment of the cost of inseparable improvements has full legal force, sufficient for submission to the state, judicial and tax authorities of the Russian Federation.

The report includes:

Assignment for evaluation
Information about the Customer
Information about the appraiser: Diploma, Certificate of membership in the SRO, Extract from the register of the SRO, Policy of compulsory liability insurance of the appraiser
Description of applicable valuation standards
Description and characteristics of the object of assessment
Description of the assessment process and approach applied
Documents for the object: title and technical documentation
Information about analogue objects
Company documents: OGRN, TIN/KPP, Insurance policy

Construction examination of the apartment

Construction expertise for the purpose determining the presence of inseparable improvements in the apartment

Construction expertise of the apartment

Inspection of building structures of buildings and structures is carried out, as a rule, in three interconnected stages:

preparation for the survey;
preliminary (visual) examination;
detailed (instrumental) examination.

In accordance with the requirements of SP 13-102-2003 clause 6.1 Preparation for surveys provides for familiarization with the object of the survey, design and executive documentation for the structure and construction of the structure, with documentation for the operation and repairs and reconstruction that took place, with the results of previous surveys. The expert made an external inspection of the object, with selective fixation on a digital camera, which meets the requirements of SP 13-102-2003, clause 7.2. The basis of the preliminary examination is the inspection of a building or structure and individual structures using measuring instruments and devices (binoculars, cameras, tape measures, calipers , probes, etc.).

Measurement work was carried out in accordance with the requirements of SP 13-102-2003, clause 8.2.1 The purpose of measurement work is to clarify the actual geometric parameters of building structures and their elements, to determine their compliance with the project or deviation from it. Instrumental measurements clarify the spans of structures, their location and pitch in plan, cross-sectional dimensions, height of rooms, marks of characteristic nodes, distances between nodes, etc. Based on the measurement results, plans are drawn up with the actual location of structures, sections of buildings, drawings of working sections of load-bearing structures and junctions of structures and their elements.

During the construction examination of the apartment, it was established:

Upon examination of the living quarters of the apartment, no improvements were found.
When examining the kitchen, no improvements were found.
When examining the bathroom and the corridor, no improvements were found.

Commentary of a construction expert on the inspection of an apartment According to Article 623 of the Civil Code of the Russian Federation, “improvements that can be separated from a thing without harm to it are recognized as separable. Accordingly, inseparable improvements, when they are separated from a thing, worsen its condition, as a result of which it acquires disadvantages. ”Thus, during the examination, no inseparable improvements were found in the apartment.

Conclusion on the construction expertise of the apartment

According to the results of the examination, in accordance with the Civil Code of the Russian Federation, during diagnostic examination no inseparable improvements were found in the apartment.