Real estate, as a rule, is divided into residential and non-residential. The first includes premises where people legally reside: apartment buildings, hostels, private houses. The housing stock also includes hotels.

Non-residential property is most often used for commercial or public purposes.

The need to transfer housing from one fund to another arises for many: for entrepreneurs who have bought housing in a house for a store or for conversion into an office.

If such a need arose before you, you do not need to get lost. There is a possibility of transferring the apartment to another fund.

Why do we need a translation

Moving your home from residential to non-residential and vice versa can be necessary for a variety of reasons.

Most often, businessmen convert the purchased apartments into shops, pharmacies, restaurants and cafes, offices.

The status of a dwelling is needed because only in it you can register and live too.

If you decide to convert the property to non-residential, consider whether this process can be avoided.

According to the Housing Code, Article 17, it is possible to engage in commercial activities on residential space in some cases, under which the following conditions will be met:

• Neighbors in the house and apartment will not suffer from your activities;
• The house in which your dwelling is located does not belong to a dilapidated fund;
• A potential entrepreneur is registered on the square where he plans to do business.

However, in most cases, they still prefer to change the status of housing, and this has its advantages.

The main benefit of the owner, who transfers his apartment to non-residential stock, is that it becomes more expensive by about 20% when sold.

But here you can face another difficulty: can you then sell your already non-residential property? To what extent will an entrepreneur be interested in this? So, before you run for profit, you need to calculate all the risks.

The downside for you here will be the lost time on paperwork and finding buyers.

While the property will be idle waiting for a buyer, you will have to pay utility bills, which are about twice as high for non-residential premises. You will also have to pay property taxes, namely - 2.2% of the residual value of the premises every year.

That is why the entrepreneurs who bought the housing are already involved in the translation.

How to change the status of an area

Transferring an apartment to another fund and vice versa just does not work.

The Housing Code contains a number of requirements, the observance of which necessarily. If the listed conditions are not met, you can not count on changes in status.

In order for the apartment to become non-residential, you need to consider:

• If the area is more than 100 sq. meters, provide a second exit to the street;
• If the room in which you plan to carry out your activities is located on the second floor or even higher, get ready for the fact that you will have to change the status of all apartments that are located below. These square meters should also become non-residential according to the rules;
• Provide all engineering communications;
• Check out of your accommodation before starting the transfer procedure, as not a single person can be registered in a non-residential premises, both on permanent and temporary conditions;
• Legalize all redevelopment.

Remember that a room that is located in a building classified as a cultural heritage site cannot become non-residential.

In addition, only the owner has the right to change the status.

You cannot make a non-residential area on which you live under the terms of a social tenancy agreement.

Not everything is so simple with the transfer to the housing stock. It must also meet certain requirements:

• The building in which the non-residential premises are located must have solid structures. It also should not be classified as an emergency fund or be subject to reconstruction or demolition;
• The room must be absolutely safe and equipped in such a way that future residents cannot get hurt or injured. The same requirement applies to the adjacent territory;

All engineering networks must be in order and usable.

We are talking about heating, sewerage, water supply and electricity. Engineering communications that are in the house must also meet safety requirements.

When transferring to living space, the owner will have to think about the height of the ceilings, the concentration of harmful substances in the air, the number of floors of the building, and sound insulation. All this must also comply with the rules. that have been defined by the Housing Code.

In addition, during the transfer, no matter which fund, real estate should not be burdened with anything: debts, loans, etc.

We live in a non-residential

Once you've converted your apartment into a non-residential area, don't expect to be able to live in it. Along with the change of status, the right to reside is lost. The legislation here does not provide for any exceptions: neither the owner, nor his relatives, nor relatives can live in such a place.

You will no longer be able to register and get a residence permit at this address on a non-residential area.

Although, of course, one cannot but say that no one can forbid you to be in your office or store. Of course, it is possible that they will not control how much you spend in non-residential premises.

You have the right to rent such objects or simply own them.

Where to go for translation

Today, the procedure for filing documents in many regions is simplified thanks to the Multifunctional Centers, which operate on the principle of one window. In one and the same place, you can submit all documents, in some cases, order certificates and receive the relevant document after all procedures are completed.

You will need with you:

• Application for transfer;
• Documents that will confirm your right to ownership;
• Documents from the BTI: technical plan, technical passport, floor plan of the house;
• If any redevelopment is necessary when changing the status, you are also obliged to provide its project.

You must find out whether you can transfer your premises to another fund or not within 45 days. This is how long it takes to consider the application and check the submitted documents.

After the decision is made, the authorized bodies have three days to notify you of their consent or refusal. The corresponding paper can be sent by mail or sent to the Multifunctional Center.

Also, a notification can be sent to your email.

Remember the little things

Whatever plans you make for the transfer of your apartment, there are some nuances that will not allow you to implement them:

First of all, remember that only its owner is responsible for the use of the area. That is, if you decide to rent out the area where the store later appeared, and at the same time did not make it non-residential, you will have to be solely responsible for this.

All law enforcement orders will be issued in the name of the owner;

You have the right not only to use your apartment as a home address, but also as a legal one.

In order to conduct business from home, it is not necessary to collect documents and transfer the premises to another fund. The main thing is to follow the rules mentioned above.

This has its advantages: you can work in your own apartment, and the law does not prohibit you from living there.

However, you still have to change the status of housing if you plan to receive mass visitors;

• Be prepared for utility prices to skyrocket once you complete the residential-to-non-residential conversion process. After all, tariffs for water disposal, water and electricity supply, heating for commercial premises are much higher.

Currently, the term "non-residential premises" is used quite often. Meanwhile, it is not clearly defined in domestic legislation.

The gap in the norms leads to many difficulties for both ordinary citizens and entrepreneurs who want an apartment in apartment building to be transferred to non-residential premises. Due to the lack of a clear definition, illegal real estate transactions are often made in practice.

What does it represent? Let's figure it out.

General information

Non-residential premises in must be distinguished from The key feature is that the non-residential premises have a legal owner. Such objects, as a rule, are classified as They are formed by transferring an ordinary apartment to apartment building in non-residential premises.

The owners of such objects are equated to the owners of apartments. Accordingly, they have the same rights and perform the same duties as neighbors. First of all, it concerns the cost of household services. Owner non-residential premises in an apartment building must pay the same as other apartment owners. At the same time, even those services that the subject does not actually use (for example, an elevator, a concierge) are included in the payment.

Requirements for non-residential premises in an apartment building

At the legislative level, a number of rules have been established that the owners of such objects must follow. These requirements are designed to protect the interests of other apartment owners in multi-apartment residential building with non-residential premises.

In such premises, it is prohibited to carry out activities that lead to environmental pollution, the creation of an unfavorable sanitary and epidemiological situation. Simply put, in non-residential premises in an apartment building It is not possible to equip a medical institution for patients with infectious diseases.

The object must comply with fire, sanitary and urban planning standards. The room must have a separate entrance. The object should be located on the ground floor or above other non-residential premises.

If the room is equipped for a cafe or other catering establishment, it must be closed no later than 23.00.

Normative base

Legal status non-residential premises in apartment buildings regulated by various legal documents. The main one is the Constitution, which enshrines the right to private property.

Issues related to the operation of common property in MKD are regulated in the Civil Code. Article 290, in particular, states that the owners of premises in multi-apartment buildings have common premises, load-bearing structures, electrical, mechanical, sanitary and other equipment inside and outside their apartment serving more than one premises on the basis of shared ownership. Legal owners cannot alienate their share in the right to such objects without transferring ownership of the dwelling.

The LCD contains rules in accordance with which transfer to non-residential premises. In an apartment building the reverse procedure is also possible.

The government decree of 2011 enshrined the right of owners of non-residential premises to use the collective household reserves of the structure.

Regulatory regulation of issues related to the objects under consideration is also carried out in accordance with acts of municipal and regional governments.

Room dimensions

The area of ​​the whole house includes the areas of all apartments and the common area. The latter includes elevators, landings, basements, attics, etc. Their parameters are reflected in the technical passport, which is stored in the management company or in the HOA. The calculation of the area is important when determining the amount of payment for utilities, in particular, heating.

The size of non-residential premises is formed from the areas of all internal sections. Balconies and loggias are not taken into account. When determining their areas, reduction factors are used.

Conditions for the transfer of a residential facility to non-residential premises

Some owners do not use their apartments for their intended purpose, that is, for living. Instead, they decide to transfer the objects to non-residential buildings in order to obtain a stable income.

The legislation establishes a number of conditions for such a transfer.

First of all, it is necessary to equip the room with a separate entrance. If its area exceeds 100 m2, then there must be a second, emergency entrance.

A prerequisite is the absence of registered residents in the premises. Before transferring an object, you must check out from it.

There should be no encumbrances on the object. This means that the premises should not be pledged, mortgaged, or long-term leased.

As mentioned above, the apartment must be on the ground floor or be located above other similar non-residential premises.

It is forbidden to transfer residential premises to non-residential premises in emergency structures or buildings that must be demolished.

Another nuance - you can only transfer the entire apartment as a whole. You cannot make any one room in it uninhabitable.

The transfer may be refused if the building belongs to the monuments of cultural and historical heritage.

Features of the procedure

If all the conditions specified above are met, it is necessary to collect a package of documents. It consists of:

• Floor plan. It is issued by the BTI.
• Title document (certificate) for the apartment.
• Technical passport and floor plan.
• If redevelopment of non-residential premises in an apartment building is carried out, then its plan is also provided. It must be approved by the authorized body that implements control functions in the construction industry. In this case, the redevelopment must obtain the consent of the tenants of the house.
• Statement. It is submitted to the relevant government agency. In Moscow, for example, it is the Property Department.

Documents, except for the application, can be submitted in the form of copies certified by a notary. The decision is made within 48 days (working). The refusal can be challenged in court.

Nuances of exercising rights and fulfilling obligations

As mentioned above, and non-residential) in the MKD are identical. This provision also applies to public areas.

The obligations of the owners cover the scope of utility payments. All owners must bear the costs of maintaining the common area, including those adjacent to the house. At the same time, the accrual of the corresponding amounts will be carried out even if the owner of the non-residential premises does not use these territories.

As for rights, they include the right to vote at general meetings, as well as the opportunity to participate in the discussion and resolution of issues related to repair, improvement, choice of management method, etc.

Supply of communal resources

Owners of non-residential premises in MKD are given the opportunity to choose the most suitable option for them:

• Conclude contracts for the supply of services directly with service companies.
• Draw up an agreement with the management company or HOA.

The list of services that can be supplied to the user includes water, energy, heat, gas supply, sewerage. At the same time, they are provided in the same volume as other apartment owners.

The owners of non-residential parts of the building are responsible for the proper maintenance of metering devices (meters). Their damage, failure must be reported to the relevant service providers in a timely manner.

Transfer of a non-residential object to a residential building

To change the purpose of an object:

• Contact the design organization to create a redevelopment plan.
• Collect a set of documents. It includes a title document, minutes of the meeting of residents, a project, a conclusion on the compliance of the object with the requirements established for residential premises, a copy of the passport.

To transfer the premises, you must write an application and submit it with the attached documents to the authorized body. You will also have to wait 48 days for a response. If the transfer is refused, this decision can be challenged within three months.

If the answer is positive, it is necessary to redevelop and issue a new registration certificate. Then you should make changes to the real estate register, obtain a certificate of the owner.

If the owner of the premises is a minor, all actions on his behalf are performed by legal representatives. They can be parents, guardians, trustees, adoptive parents.

There is no exact definition of this concept in the legislation. But in practice it is considered that non-residential premises are not intended for permanent residence. But it does not apply:

It is part of the building. In some cases, there may be one room in a certain building, then they coincide. Non-residential premises may be located in residential buildings(designed to be lived in) or completely uninhabited.

Important! Under certain conditions, the housing stock can be transferred to non-residential. The reverse transition is also possible, but it is even more difficult.

Legislative definition

The Civil and Housing Codes, however, contain important information about non-residential premises. For example, these are his signs. Their list was introduced by law No. 122-FZ of July 21, 1997. Questions about the possibility of transferring from residential to this category are described in article 22 of the LCD.

signs

The main features include the following:

1. Such an object is real estate.
2. Not intended for people to live in.
3. It is isolated, that is, separate. The boundaries of the room are building structures, that is, walls, floors, ceilings, etc.
4. There must be a separate entrance.
5. The premises must be registered in a certain area.
6. It must be impossible to move.
7. It must comply with building, fire and technical standards.

What objects belong to this category of buildings and structures?

This property is divided into:

• main;
• and auxiliary.

The first can be used separately, and the second is needed for the maintenance and use of other premises. For example, the school office is the main room, and the corridor is auxiliary.

Also there is a division by purpose. In accordance with it, the premises can be:

1. Educational (these include buildings of kindergartens, schools, universities, etc.).
2. Health care (for example, hospitals, clinics, emergency rooms).
3. Industrial.
4. Administrative.
5. Utilities (gas, water, electricity, heat supply).
6. Catering.
7. Consumer services (these include ateliers, laundries, dry cleaners, repair shops and others).
8. Trade.
9. Recreation and entertainment.
10. Post Offices.
11. Warehouse.
12. Creative (workshops and exhibition halls).

property requirements

The property must meet the following requirements:

Attention! If such real estate can be used only with the addition of part of the common space of an apartment building, the consent of the residents will be required. To receive it, you will need to hold a general meeting.

Permission will also be required for organizing a separate entrance, if this requires changing the enclosing and / or supporting structures.

In further use requirements must be met:

• sanitary and hygienic;
• fire fighting;
• ecological.

In particular, if the non-residential premises are located in a residential building, it cannot be placed:

1. Enterprises that pollute the territory and air (physically and chemically).
2. Violating living conditions.
3. Some medical and preventive organizations (helping with drug and alcohol addictions, infectious patients).
4. Industrial enterprises.
5. Stores selling chemicals, explosives, or other dangerous goods.
6. Dry cleaners.
7. Public toilets.
8. Institutions operating later than 23 hours (or, moreover, around the clock).

Differences from permanent residences

The main difference is in the purpose. Residential premises are intended for living, and non-residential premises - for other purposes. It can be trade, services, production, etc.

An additional feature will be the presence (or absence) of a separate entrance. Also important is the location on the floor in an apartment building.

Examples of what belongs to the housing stock, and what to non-residential

The housing stock includes:

• apartments in an apartment building, including communal ones;
• separate houses intended for permanent residence;
• hostels.

classified as non-residential:

1. the shops;
2. dry cleaning;
3. Beauty Salons;
4. hotels (because they are intended for temporary residence, and not permanent);
5. apartments.

So, non-residential premises include separate premises that are not intended for living. They can be of various types according to their purpose and used for various purposes, and must also meet a number of requirements.

The concept of "building", "construction", "non-residential premises"

Buildings are usually understood as such objects that are differentiated into two large mutually exclusive opposite groups: residential and non-residential with two different legal regimes of use.

The concept of "structure" is usually defined by listing the relevant objects, for example: oil and gas wells, gas stations, hydraulic structures, main pipelines, sports, sports and recreation, sports and entertainment facilities (stadiums, sports palaces, concert and sports palaces, sports halls , swimming pools), bridges, greenhouses, transformers, heating units, under-trestle spaces and other engineering structures fundamentally connected to the ground.

Attempts to give the legal concepts of "building" and "construction" are hardly appropriate, since these concepts are not among the legal categories. Even more dubious are attempts to highlight the differences between these concepts. If we turn to the explanatory dictionaries of the modern Russian language, we will see that the concept of "structure" is generic in relation to the concept of "building". A building in Russian is understood as an architectural structure, a building, a house, and a building is any significant building (of various types, purposes) (see, for example: Dictionary of the Russian Language / Edited by N.Yu. Shvedova). Therefore, it would be more correct to use the expression "buildings and other structures".

The legislator has not formulated a legal definition of the concepts "building" and "construction". However, from a formal legal point of view, the difference between buildings and structures is of no fundamental importance, since the legislator has established a single legal regime for both types of real estate.

Much more significant are the criteria by which buildings and structures are delimited from other adjacent real estate objects. This is important because there are special regulations for renting buildings and structures.

V.N. Litovkin writes that buildings and structures "are characterized by immobility, fundamental attachment to the specific land on which they are erected, are structurally designed for a long service life, some of them are of artistic value and therefore have a relatively high value, especially historical and cultural monuments , architecture, which are unique objects, the value of which is independently influenced by the location of the land under the building and structure. V.V. Vitryansky believes that "a building (structure) should be understood as any artificially erected on a land plot or under it (underground) an independent object that is fundamentally connected with a land plot, is used (or can be used) for its intended purpose and the movement of which without disproportionate no harm can be done to its purpose." A.A. Ivanov writes that, based on the usual meaning of these terms, it can be concluded that buildings are intended for the permanent presence of people in them, while structures are usually not used for these purposes. V.S. Yem emphasizes that "traditionally, in Russian civil law, buildings and structures were designated by the term" building ". At the same time, a building was and is understood to be a building that is firmly legally connected with a land plot."

The legal point of view seriously reinforces the point of view, according to which the possibility of recognizing the right of ownership to a part of the building (which is, for example, non-residential premises) is denied and the property right to such can be expressed only in ideal shares. As noted by V.V. Chubarov, "with this approach, the building can be sold or otherwise alienated in parts only by selling a share in the right of common shared ownership of the building."

Doubts in this matter were resolved by judicial practice, which considers non-residential premises as objects of civil rights, allowing the possibility of transactions with them, including the conclusion of lease agreements for non-residential premises.

It is important to distinguish buildings and structures from other structures that are not related to real estate objects, as well as from other types of real estate, to which special rules governing legal relations related to the lease of buildings and structures (unfinished construction objects, residential and non-residential premises, built-in-attached premises). In this sense, a building (structure) should be understood as any artificially erected on a land plot or under it (underground) an independent object that is fundamentally connected with a land plot, is used (or can be used) for its intended purpose and movement of which is impossible without disproportionate damage to its purpose.

With this approach, all the characteristic features of such real estate objects as buildings and structures necessary for the appropriate legal qualification are emphasized:

• - we are talking about objects created by people (artificially erected);
• - one can speak about buildings and structures as objects of real estate only if they are "tied" to a certain land plot;
• - the connection of the building (structure) with the land plot must be so strong (fundamental) that the movement of the specified property without disproportionate damage to its purpose would be impossible (this feature allows you to delimit buildings and structures from other buildings and structures (stalls, tents, kiosks and etc.), which do not relate to real estate objects at all);
• - a building (structure) is recognized only as a property that is independent (separately standing) (on this basis, buildings and structures differ from such property as residential and non-residential premises, built-in and attached premises, for the lease of which special rules cannot be applied governing legal relations related to the lease of buildings and structures);
• - buildings (structures) include only such real estate objects (buildings, constructions), the construction of which is completed and they are already in use or can be used for their intended purpose (the right of ownership to buildings, structures and other newly created real estate subject to state registration arises from the moment of such registration - paragraph 2 of article 220 of the Civil Code of the Republic of Belarus. Objects of construction in progress can serve as objects of various transactions, including lease agreements, however, in this case, the relevant legal relations will not be covered by special rules governing the lease of buildings and structures).

With the growth in the cost of rent and commercial real estate, the practice of allocating non-residential premises within residential complexes has become widespread. As a rule, the first and basement floors of high-rise buildings are now bought up for trade enterprises, office space, cafes, hairdressers and beauty salons.

Within the framework of sanitary standards, the placement of public institutions should be provided for even at the stage of building construction, but this rule is not always observed. Legal entities simply buy apartments on the first floors, organize a separate entrance and start their businesses. The latter is not a serious violation of the law, the main thing is that the premises be given the status of non-residential.

The key document governing the transfer of residential to non-residential premises is the Housing Code, as well as a number of other regulations.

The specificity of this status of immovable objects requires the need to refer to the definitions given by the legislator. Thus, there is no pure definition of the status of “non-residential premises” under the Housing Code. The legislator limited himself to only presenting a formulated definition of a dwelling.

The latter is characterized as a self-contained unit, which is real estate that meets sanitary standards and is suitable for habitation. Based on this, it is possible to formulate a definition of the opposite meaning: non-residential premises - uninhabitable real estate.

There is a more extended formulation in the legal literature. It is given in 122 FZ, which regulates the registration of transactions with real estate, where the non-residential premises are given the following characteristic - an object in the composition of buildings and other structures.

Within the framework of the legal literature, there are many definitions of the aforementioned concept. One of these is the following characteristic - this is a space limited by a three-dimensional contour with an existing separate entrance. The latter characteristic secures for the user of such an object the right to legally register it and formalize the right of ownership, as well as the possibility of using it on a lease and rental basis.

Thus, non-residential premises in an apartment building are an independent unit that has a separate entrance, meets sanitary requirements and is transferred to the status of non-residential in accordance with the requirements of civil law.

Signs of non-residential premises

The legislator also defines a set of signs of non-residential premises in an apartment building:

• The presence of a separate entrance from the street side, the window opening is often re-equipped, and the door from the side of the entrance is laid.
• All living citizens must be discharged.
• There are no claims or rights to the premises from other persons.
• The object is not separated from a part of the living space and is not its constituent element, for example, it is impossible to allocate one of the rooms of the apartment to the non-residential premises.

If the space corresponds to these characteristics, it is allowed to transfer it from residential to non-residential.

Basic requirements for non-residential premises in apartment buildings

Separation of apartment buildings from residential units for use for commercial and other purposes in accordance with applicable civil norms is not a violation of the rights of owners and tenants, but imposes a number of obligations on owners of non-residential premises.

Thus, the legislature prohibits:

• Conducting activities within such premises that pose a threat and entail environmental pollution, as well as violating sanitary standards.
• Carry out activities that violate fire safety and pose a threat to the building as a whole and to its residents.
• Place objects above or below other living quarters.
• Conduct work after 23 hours.

In addition, along with the owners of apartments, their owners are obliged to install metering devices and pay for housing and communal services, as well as contribute funds to beautify the adjacent territory.

Non-residential premises in multi-apartment buildings of common use

Within the framework of apartment buildings there are non-residential premises intended for common use. These include:

• Entrances.
• Flights of stairs.
• Elevators and other technical premises.
• Strollers.
• Basements and attics.
• Business premises.

These premises are intended to ensure the functioning of the apartment building as a whole. Their transfer to non-residential premises is a priori impossible, in addition, their use for commercial purposes is prohibited. The exception is cases when the work of technical services of management companies is organized within the basement, for example, engineering and technical services are located in utility rooms and working equipment is stored.

Features of non-residential buildings

Along with the term "non-residential premises", the concept of "non-residential building" is used. The latter term applies to free-standing structures. In practice, residential buildings can also be converted to non-residential status. Commercial organizations or developers often buy their housing from the owners of low-rise apartment buildings or provide an equivalent one, after which they transfer them to non-residential buildings.

In the future, such premises are rented out or the work of individual companies and departments is organized within them. By the way, municipal authorities often act in this way. In general, non-residential buildings are free-standing immovable objects used to house commercial and industrial enterprises that are not suitable for human habitation.