Changing the purpose of non-residential premises

Legal aspect

Conducting one or another type of activity on the premises is regulated by relevant legislation. Thus, there are certain requirements for construction, operation, fire safety, sanitary and hygienic standards. The process of repurposing an object involves both external changes and internal re-equipment of the area for a specific type of activity. This task is implemented in accordance with the developed design, technical and inventory documentation. The main problems in determining the legal status of parts of a structure and non-residential areas are architectural diversity and the lack of specific rules for the circulation of this real estate.

On approval of the Regulations on the procedure for changing the intended purpose of land plots

In accordance with paragraph three of paragraph 3 of the Decree of the President of the Republic of Belarus of September 23, 2011 No. 431 “On some measures to improve relations in the field of seizure, provision and use of land plots” the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the attached Regulations on the procedure for changing the intended purpose of land plots.

2. This resolution comes into force after its official publication.

Prime Minister of the Republic of Belarus M. MYASNIKOVICH

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APPROVED

Resolution

Council of Ministers

The Republic of Belarus

30.12.2011 № 1780

REGULATIONS on the procedure for changing the intended purpose of land plots

1. These Regulations establish the procedure for changing the intended purpose of land plots provided in the prescribed manner to a citizen, individual entrepreneur, legal entity, including a resident of a free economic zone, in cases not prohibited by legislative acts.

2. Decisions to change the intended purpose of land plots can be made only in relation to land plots, the boundaries of which are established on the ground (with their turning points fixed by boundary signs), the creation of which, the emergence (transition) of private property rights, lifelong inheritable possession, permanent or temporary use, lease, sublease for which are registered in the unified state register of real estate, rights to it and transactions with it, and land users have received title documents for the land with work to establish their fixed border.

3. Decisions to change the intended purpose of land plots are made:

local executive committees - within the boundaries of the relevant administrative-territorial units according to their competence to withdraw and provide land plots;

administrations of free economic zones - within the boundaries of these zones (if this right is delegated by the relevant regional, Minsk city and city (cities of regional subordination) executive committees and the intended purpose is not related to the implementation of construction activities).

Changes in the intended purpose of land plots provided before January 1, 2008 by decisions of the President of the Republic of Belarus and the Council of Ministers of the Republic of Belarus, before November 27, 1996 - the Presidium of the Supreme Council of the Republic of Belarus, are carried out by regional, Minsk city, city (cities of regional subordination) executive committees for the location of land plots.

4. A citizen, individual entrepreneur, legal entity, including a resident of a free economic zone, interested in changing the intended purpose of the provided land plot (hereinafter referred to as the interested party), contact the local executive committee at the location of the land plot or the administration of the free economic zone ( when placing a land plot within the boundaries of this zone, if the right to change the intended purpose of the land plots is delegated by the relevant regional, Minsk city and city (cities of regional subordination) executive committees) with a statement about changing the intended purpose of the land plot.

The application shall indicate:

cadastral number of the land plot;

location (address) of the land plot;

information about the presence or absence of real estate located on a given land plot;

the intended purpose of the provided land plot;

the intended purpose of the land plot.

If a change in the intended purpose of a land plot is associated with construction activities, the application also indicates the planned parameters and technical characteristics of the objects planned for construction (number of floors, area, etc.) and engineering and technical equipment (if it is necessary to obtain technical specifications for engineering and technical support such objects).

The following are attached to the application:

a copy of a document confirming state registration of a legal entity or individual entrepreneur, without notarization, or a copy of a document containing identification information about a citizen*;

copies of documents certifying the rights to the land plot and permanent structures (buildings, structures) located on this site;

copies of technical passports of permanent structures (buildings, structures) located on the land plot;

justification for changing the intended purpose of the land plot, including financial and economic;

design documentation developed in accordance with the established procedure for the construction or reconstruction project (if available);

information about sources of financing if the further use of the land plot is related to construction activities;

written consent of tenants, mortgagees, holders of easements and other rights, restrictions (encumbrances) on rights to the land plot and real estate located on it, and in the absence of such consent - a copy of the court decision on changing the intended purpose of the land plot;

documents confirming the powers of representatives (in case of actions on behalf and in the interests of another person).

5. The local executive committee, within 5 working days from the date of receipt of an application from an interested person to change the intended purpose of the land plot, considers this application (if making a decision to change the intended purpose of the land plot is within its competence) and in the absence of grounds for refusing to change the intended use of this site, stipulated by town planning regulations, environmental protection (taking into account the requirements for compliance with the regime for conducting economic activities established in accordance with legislation within the boundaries of water protection zones and coastal strips of water bodies, forests with a special forest management regime and specially protected natural areas) and other legal requirements, instructs the land management service to prepare and submit for consideration of the executive committee a draft decision on changing the intended purpose of the land plot (if the intended purpose of the land plot is not related to construction activities).

The land management service of the local executive committee, within 5 working days, on the basis of previously completed land management materials on the provision of a land plot and the documents specified in paragraph 4 of these Regulations, prepares a corresponding draft decision and submits it for consideration by the executive committee.

The decision to change the intended purpose of a land plot is made by the local executive committee within 5 working days from the date of receipt of the corresponding draft decision from the land management service.

The administration of the free economic zone makes a decision to change the intended purpose of a land plot in accordance with the requirements of these Regulations on the basis of previously completed land management materials on the provision of a land plot and the documents specified in paragraph 4 of these Regulations, within 10 working days from the date of receipt of the relevant application from the interested party .

The decision to change the intended purpose of a land plot must indicate:

the reasons for such change;

the land user in respect of whose land plot this decision was made, the area of ​​the land plot indicating the type of land, property rights, cadastral number;

the previous and changed intended purposes of the land plot, as well as the purpose of the land plot in accordance with the unified classification of the purpose of real estate objects, approved in the prescribed manner, and, if necessary, information about changes in the conditions for the allocation of the land plot and the transfer of land from one category and type to another;

other conditions regarding the use of the land plot (including the period for state registration of changes to the land plot based on its intended purpose), conditions for the further use of the land plot.

If the decision to change the intended purpose of a land plot falls within the competence of another executive committee, the local executive committee, within 3 working days from the date of receipt of the application of the interested party, sends this application with documents attached to this application in accordance with paragraph 4 of these Regulations to the executive committee, whose competence includes making such a decision.

6. The local executive committee, the administration of the free economic zone may refuse to change the intended purpose of the land plot to the interested party.

When making a decision to refuse to change the intended purpose of a land plot, the local executive committee, the administration of the free economic zone, within 3 working days after such a decision is made, informs the interested party about this, indicating the grounds for the refusal, in accordance with the law.

A decision to refuse to change the intended purpose of a land plot can be appealed to a higher executive committee and (or) to court.

7. An interested person, within two months from the date of making a decision to change the intended purpose of a land plot, is obliged to apply in the prescribed manner to the territorial organization for state registration of real estate, rights to it and transactions with it for state registration of a change in the land plot on the basis of a change in its target appointments.

If this requirement is not met, the decision to change the designated purpose is invalidated by the local executive committee or the administration of the free economic zone that made this decision.

8. If a change in the intended purpose of a land plot is associated with the implementation of construction activities, the decision of the local executive committee to change the intended purpose is made simultaneously with the decision to authorize design and survey work and construction of the facility in the manner established by the Regulations on the procedure for the preparation and issuance of permits for construction objects approved by Resolution of the Council of Ministers of the Republic of Belarus dated February 20, 2007 No. 223 “On some measures to improve architectural and construction activities” (National Register of Legal Acts of the Republic of Belarus, 2007, No. 56, 5/24788).

9. If a change in the intended purpose of a land plot entails the transfer of land from one category and type to another, then it is carried out in accordance with the Regulations on the procedure for transferring land from one category and type to another and assigning land to certain types, approved by the Decree of the President of the Republic of Belarus dated December 27, 2007 No. 667 “On the withdrawal and provision of land plots” (National Register of Legal Acts of the Republic of Belarus, 2008, No. 6, 1/9264).

10. A decision to change the intended purpose of a land plot, taking into account the features established by these Regulations, can be made by the local executive committee when approving in the prescribed manner the act of acceptance into operation of a construction (reconstruction) project or when making a decision to transfer residential premises to non-residential premises in accordance with the established procedure , established by Decree of the President of the Republic of Belarus of September 25, 2009 No. 479 “On the transfer of residential premises to non-residential premises” (National Register of Legal Acts of the Republic of Belarus, 2009, No. 236, 1/11006), as well as in other cases specified by law.

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* For the purposes of these Regulations, identification information about a citizen means his last name, first name, patronymic (if any), date, month, year of birth, personal or other identification number, citizenship, address of residence.

Real estate market

At the end of the twentieth century, there was a fairly rapid development of commercial activity. In this regard, the problem of a shortage of available non-residential space has arisen. At that time, the commercial property market was in its infancy. Subsequently, its development took place in two directions. In particular, the purchase of private residential premises, which were located on the first floors of buildings, was carried out. At the same time, new buildings were erected. The first option was considered quite simple, cheap and fast. New buildings required large investments. The time factor was also important. Nevertheless, practice has shown that it is new buildings that have begun to bring significant profits to the owners. Today there is an intensive development of the commercial real estate market, despite the fact that apartment buildings are being built more often. A fairly large segment of the market today is occupied by non-residential premises for free use. Next, let's find out what these objects are.

Commentary on Article 17 of the RF Housing Code

1. In Part 1 of Art. 17 of the Code reproduces the norm of paragraph 2 of Art. 288 of the Civil Code of the Russian Federation, which establishes the purpose of residential premises: they are intended for the residence of citizens. Unlike the RF Housing Code of 1983 (Article 7), the Code in this case does not emphasize that residential premises are intended for permanent residence of citizens. This is quite logical, since citizens can live in residential premises either permanently or temporarily, having the constitutional right to freedom of movement.

2 - 3. Like previous housing legislation, the Code does not allow the placement of industrial production in residential premises (a similar norm in a slightly different wording was contained in Part 2 of Article 7 of the RF Housing Code of 1983, then the corresponding ban was established in Clause 3 of Art. 288 Civil Code of the Russian Federation). In practice, this prohibition was often interpreted broadly and also applied to other types of business and professional activities.

Some lawyers rightly draw attention to the fact that the Code does not disclose the concept of “industrial production” for the purposes of housing legislation. There are also no definitions of this concept in other legislative acts. In this regard, in practice, difficulties may arise when resolving issues of classifying any type of activity as industrial production. Therefore, it is proposed to further establish in Art. 17 of the Code (by amending it) the main features of industrial production for the purposes of housing legislation <1>. ——————————— <1> See Commentary on the Housing Code of the Russian Federation / Ed. M.Yu. Tikhomirov. M.: Publishing house. Tikhomirova M.Yu., 2005 - 2006. P. 53.

The Code introduced another innovation - it is allowed to use residential premises for carrying out professional or individual entrepreneurial activities under the simultaneous presence of two conditions: a) if such activities are carried out by persons living in the residential premises legally; b) if such use of residential premises does not violate the rights and legitimate interests of other citizens, as well as sanitary and technical rules and regulations.

For example, in accordance with paragraphs 6 and 7 of Art. 21 Federal Law of May 31, 2002 N 63-FZ “On advocacy and the legal profession in the Russian Federation” <1> a lawyer has the right to use residential premises owned by him or members of his family by right of ownership to locate a lawyer’s office, with the consent of the latter. Residential premises occupied by a lawyer and members of his family under a rental agreement may be used by the lawyer to house a lawyer’s office with the consent of the landlord and all adults living with the lawyer. ——————————— <1> NW RF. 2002. N 23. Art. 2102; 2003. N 44. Art.

4262; 2004. N 35. Art. 3607; N 52. Art. 5267; 2007. N 31. Art. 4011; N 50. Art. 6233; 2008. N 30 (part II). Art. 3616.

An individual entrepreneur under Russian law is an individual registered in this capacity in the prescribed manner (a citizen of the Russian Federation, a foreign citizen, a stateless person) who carries out entrepreneurial activities directly (on his own behalf, without forming a legal entity for this purpose and through his own independent labor), which for these purposes acts independently if it has full legal capacity, and with the consent of a legal representative if the legal capacity of this person is limited due to age or law <1>. ——————————— <1> See more details: Tikhomirov M.Yu. Individual entrepreneur: legal status and types of activities. Fourth edition, with changes and additions. M.: Publishing house. Tikhomirova M.Yu., 2010. P. 59 et seq.

For example, entrepreneurs whose work is primarily related to intellectual activity - collecting and analyzing information, creating scientific and literary works, preparing works for publication, programming, accounting and auditing, tutoring, etc., can work directly at their place of residence. private notaries.

4. Part 4 art. 17 of the Code imposes mandatory requirements on persons who use residential premises. Fire safety requirements are determined by the Federal Law of December 21, 1994 N 69-FZ “On Fire Safety” <1> and the regulatory legal acts adopted in accordance with it. For sanitary, hygienic and other legal requirements, see the commentary to Art. 8 of the Code. ——————————— <1> NW RF. 1994. N 35. Art. 3649; 1995. N 35. Art. 3503; 1996. N 17. Art. 1911; 1998. N 4. Art. 430; 2000. N 46. Art. 4537; 2002. N 1. Art. 2; N 30. Art. 3033; 2003. N 2. Art. 167; 2004. N 27. Art. 2711; N 35. Art. 3607; 2005. N 14. Art. 1212; N 19. Art. 1752; 2006. N 6. Art. 636; N 44. Art. 4537; N 50. Art. 5279; N 52 (part I). Art. 5498; 2007. N 18. Art. 2117; N 43. Art. 5084; 2008. N 30 (part I). Art. 3593; 2009. N 11. Art. 1261; RG. 2009. November 27.

The rules for the use of residential premises are approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25 “On approval of the Rules for the use of residential premises” <1>. These Rules determine the procedure for using residential premises of state and municipal housing funds, as well as residential premises owned by citizens in apartment buildings. ——————————— <1> NW RF. 2006. N 5. Art. 546.

What does “vacant premises” mean?

This term is used in the professional speech of realtors. What does “vacant premises” mean? This characteristic indicates the multifunctionality of the object. The intended purpose of the building, as a rule, becomes known already at the design stage. However, for the owner, the option of building a universal structure would be more profitable and expedient in an economic sense. In the future, it can be repurposed to suit tenant requirements. Thus, a free-use premises can become an office or a shopping center. Often such areas are occupied by enterprises in the household or social sectors.

At the “Construction of a business center in Minsk” project, construction and installation work is underway to erect the basement floor in accordance with the construction contract concluded between the customer and the contractor. At the stage of carrying out work on the construction of internal walls and partitions, the investor decided to make changes to the project in order to replace part of the administrative premises on the ground floor with a total area of ​​600 m2 with a bank premises and carry out construction work in accordance with the requirements existing for bank premises in the Republic Belarus.

What does the customer need to consider in this situation?

Design and examination of the project

The design of public administrative facilities is carried out in accordance with the requirements of TKP 45-3.02-189-2010 “Public buildings and administrative premises. Design Rules”, approved by order of the Ministry of Construction and Architecture dated July 15, 2010 No. 267 (including changes No. 1-2). However, the building, incl. the indicated premises with an area of ​​600 m2, designed and constructed in accordance with this TCP, will not meet the requirements existing for bank buildings and banking premises.

Mandatory design requirements for the placement of bank buildings, space-planning and design solutions, engineering support, taking into account fire safety and sanitary requirements, as well as requirements taking into account the specifics of the activities of banks and the safety of their operation are contained in TCP 45-3.02-55-2006 “Bank buildings. Design Rules”, approved by order of the Ministry of Construction and Architecture dated November 27, 2006 No. 334 (including changes No. 1-2) (hereinafter referred to as TKP 45-3.02-55-2006). The provisions of this TCH also apply to the premises of bank buildings built into buildings for other purposes.

According to clause 5.3 of TKP 45-3.02-55-2006, bank premises attached or built into buildings for other purposes must be separated from these buildings by fire barriers that have a high degree of burglary protection in accordance with Appendix B to TKP 45-3.02-55 -2006. At the same time, their mutual planning isolation and autonomous functioning must be ensured.

Designing banks in accordance with clause 4.2 of TCP 45-3.02-55-2006 implies the presence of additional sections in the design documentation containing:

• requirements for the technical strengthening of bank buildings and equipping with technical security equipment;
• measures for information data protection.

These requirements and measures are given in Appendix A to TCP 45-3.02-55-2006 and must be reflected in special sections of the design assignment.

At the same time, on the basis of clause 4.3 of TCP 45-3.02-55-2006, when designing bank buildings, it is necessary to provide for the implementation of engineering and technical measures of civil defense (ITM GO), technical conditions and measures to prevent emergency situations, also established in the design assignment.

Amendment No. 2 to TCP 45-3.02-55-2006, which entered into force on June 15, 2017, canceled the approval of the assignment for the design of banks with the territorial regional (Minsk City) departments of the Security Department of the Ministry of Internal Affairs. In the process of designing banks, the need to agree on the following issues in the Security Departments of the Ministry of Internal Affairs was left unchanged:

• the need to protect window openings, as well as reducing the requirements for the technical strengthening of window openings of premises on the first floor that are not related to the cash desk and overlook the internal territory of the bank, protected by security alarm systems or a police post, and other issues not regulated by TCP 45-3.02 -55-2006 (subclause 6.1.20 TCP 45-3.02-55-2006);
• burglary resistance class of entrance doors (roller shutters) to the bank building specified in the design assignment (subclause 6.1.22 of TKP 45-3.02-55-2006);
• assignment for the design of technical means of security for the bank premises (clause 13.4 of TKP 45-3.02-55-2006).

When making changes to the design documentation for the facility, special attention should also be paid to the structures and materials used for the construction of bank premises in terms of the degree of burglary protection (Appendix B to TCP 45-3.02-55-2006).

In the situation under consideration, a design assignment previously developed by the customer in the form of Appendix Z to TCP 45-1.02-298-2014 “Construction. Pre-project (pre-investment) documentation. Composition, procedure for development and approval”, approved by order of the Ministry of Construction and Architecture dated July 14, 2014 No. 196 (taking into account changes No. 1-2), is subject to adjustment and re-approval by the customer in order to change the design documentation for the construction of the part of the building planned for the bank premises.

Thus, changing the project taking into account the transfer of administrative premises to banking requires careful study of all sections of the design documentation with further re-passing of the state examination in accordance with the procedure set out in clause 34 of the Regulations on the procedure for conducting state examination of urban planning projects, architectural, construction projects, the construction queues allocated to them, launch complexes and estimates (budget documentation), approved by Resolution of the Council of Ministers dated October 4, 2016 No. 791 (hereinafter referred to as Regulation No. 791).

In accordance with clause 31 of Regulation No. 791, repeated state examination of the project is carried out in the following cases:

• issuance of a negative conclusion of the state examination;
• the need to re-approve the documentation with changes made to it;
• making changes to the construction project during a two-stage design in relation to the objects of state examination specified in subparagraph. 6.1.2 Regulations No. 791;
• the applicant makes a decision on the need to conduct an additional assessment of the compliance of the object of state examination with the requirements determined by the applicant in accordance with Appendix 2 to Regulation No. 791.

Agreement for the development of design documentation and supervision

If the contract for the implementation of design work and supervision of construction is not closed, then in accordance with clause 5 of the letter of the Ministry of Construction and Architecture dated March 30, 2017 No. 02-3-04/4307 “On clarification of the specifics of conducting contract bidding when choosing a contracting design organization,” entry Changes to the design documentation within 10% of the cost of design work are allowed without competitive procedures through negotiations and the conclusion of an additional agreement to the contract.

Accordingly, if the cost of design work exceeds by more than 10% of the initial cost of design documentation, it becomes necessary to carry out the procurement procedure in the manner established by Decree No. 380 dated October 20, 2016 “On the procurement of goods (work, services) during construction”, and in accordance with the Regulations on the procedure for organizing and conducting procurement procedures for goods (works, services) during the construction of facilities, approved by Resolution of the Council of Ministers dated January 31, 2014 No. 88, as amended on April 29, 2017 No. 318 (hereinafter referred to as Regulation No. 88).

According to clause 51 of the Rules for concluding and executing contract agreements for design and survey work and (or) conducting designer’s supervision of construction, approved by Resolution of the Council of Ministers dated 04/01/2014 No. 297, as amended on 05/22/2017 No. 377 (hereinafter referred to as Rules No. 297 ), amendments to the contract are made in writing by the parties concluding an additional agreement. When preparing an additional agreement to a previously concluded contract, if it is identified that it is necessary to perform additional volumes of work that are not the subject of the contract, the customer and (or) contractor have the right to demand changes in the essential terms of the contract (clause 52 of Rules No. 297).

Construction contract

When changes are made to the design documentation, the estimated cost of construction will also change according to the consolidated estimate of the cost of construction, which is subject to re-approval by the customer, and, accordingly, the actual cost of contract work will change.

In the situation under consideration, work is already underway at the construction site on the construction of internal walls and partitions of the basement floor, which implies the existence of a concluded construction contract for the performance of a set of construction works with essential conditions included in it, established as a result of the contract bidding.

According to clause 80 of Regulation No. 88, the essential conditions formed at the stage of the procurement procedure are included in the concluded construction contract and cannot be changed at the stage of execution of work, except for the cases specified in clause 73 of the Rules for the conclusion and execution of construction contracts approved by Resolution of the Council of Ministers dated September 15, 1998 No. 1450, as amended on May 22, 2017 No. 377 (hereinafter referred to as Rules No. 1450), namely:

• reorganization of a legal entity that is one of the parties to the agreement;
• the need to change the timing of construction of the facility in the cases provided for in part one of paragraph 75 of Rules No. 1450;
• a significant increase in the cost of construction of the facility due to changes by the customer to the design documentation or changes in tax legislation.

According to the Regulations on the procedure for the formation of a fixed contract price for the construction of facilities, approved by Resolution of the Council of Ministers dated November 18, 2011 No. 1553, as amended on June 3, 2016 No. 434 (hereinafter referred to as Regulation No. 1553), regardless of the sources of financing concluded as a result of contract bidding (negotiations) the construction contract establishes a fixed contractual price (hereinafter referred to as the fixed price). In turn, based on the above, as well as in accordance with clause 10 of Regulation No. 1553, the fixed price can be adjusted if changes are made to the project documentation at the customer’s initiative.

In the event that changes made by the customer to the design documentation entail an increase in the cost of construction of the facility by 10% or more, revision of the estimate is allowed only with the consent of the contractor. In the absence of such consent, the contractor may demand termination of the construction contract due to a significant change in its conditions (clause 37 of Rules No. 1450).

The parties can make changes and additions to the construction contract by concluding an additional agreement (clause 71 of Rules No. 1450).

Conclusion

The customer, faced with the need to make changes to the project to transfer part of the administrative premises of the facility into banking ones at the stage of construction work, needs to carry out a full range of related activities that connect all construction participants.

In order to competently and clearly manage the process of further design and execution of construction work in full accordance with the new design documentation, the customer should regulate the existing contractual relations with the design and contractor organizations, and also carry out the necessary approval and procurement procedures, examination of design documentation in cases established by law .

Nadezhda Yaskevich, civil engineer

Classification

There are a number of features that distinguish such a free-use premises from others. Based on these characteristics, a conditional classification has been formed. So, they distinguish:

• Premises for free use, premium class. It is a new modern building, which is located within walking distance from administrative buildings, transport interchanges or metro stations. The ceiling height of such premises is 4-6 m. They have large windows, modern security and fire alarm systems are installed, and an underground garage and outdoor parking are provided. This kind of free-use premises in Moscow is usually intended for offices of commercial banks and holding companies. Their rent is quite expensive.
• Luxury free space. Such squares are located in buildings located in the historical part of the city. In this regard, the appearance of the building is maintained in accordance with the style and architecture of nearby objects. In such premises, high-quality and modern renovations have been made, video surveillance and fire alarms have been installed.

What are administrative objects?

To meet the various needs of each person and society as a whole, a wide variety of buildings and structures are erected, differing from each other in their purpose, design, number of floors, material, appearance, burial in the ground and other characteristics and qualities. These two terms are used interchangeably, but their meaning is not the same. What is the difference between a building and a structure and is it important to understand this difference?

Building

Before answering the question of how a building differs from a structure, let’s consider these two concepts separately.

Buildings include above-ground capital structures with internal space and intended for temporary or permanent residence of people and meeting their various needs. The number of floors can be any: from small cottages and dachas to giant skyscrapers and high-rise buildings.

Buildings can be used not only for human habitation, but also for agricultural, industrial activities, and various public needs, for example, as a storage facility or warehouse.

The most important attribute in this case is the capital structure and long-term operation.

Most often, the interior space of buildings is divided into separate rooms.

Building classification

Depending on the height of the building there are:

• low-rise (1–3 floors);
• medium height (from 4 to 9 floors);
• multi-storey (from 10 to 16 floors);
• increased number of floors (number of floors 17–25);
• high-rise buildings with more than 25 floors.

Based on their purpose, buildings and structures are divided into 2 groups:

• civil, intended for people to live in and provide for their social, everyday and cultural needs;
• production, providing normal conditions for production processes, serving to protect workers and equipment from atmospheric influences and providing the necessary comfortable working conditions for workers.

Civil buildings

The buildings are divided into:

• Residential buildings.
• Public.

Residential buildings - houses, boarding schools, dormitories, etc.

Public - educational, medical and preventive, scientific, entertainment, communal and other institutions.

A feature of residential and many public buildings is the presence of a large number of separate rooms in a small area.

Industrial buildings differ from residential buildings in the presence of large common premises, which are not divided into rooms by partitions and walls and can reach enormous sizes (up to several hectares).

Depending on the material and design, buildings and structures are divided into wooden (frame, block, chopped, panel), brick, stone, concrete and reinforced concrete (large-panel, large-block, volumetric blocks).

Industrial buildings and structures

This category includes buildings intended for the needs of industry, transport, energy and providing normal conditions for labor and operation of the located equipment.

Industrial buildings and structures are single-story or multi-story buildings:

• factories and plants;
• hangars;
• bridges;
• towers for television and radio communications, hydraulic structures, overpasses;
• shipbuilding slipways;
• power plants, airfields, spaceports, water towers, etc.

Classification of industrial buildings

Industrial buildings are divided into four main groups:

1. Production. This includes buildings that house workshops that produce semi-finished or finished products.
2. Auxiliary. These are buildings housing administrative and office premises, household premises and devices, first aid stations and catering facilities.
3. Energy. This category includes CHP buildings that supply industrial enterprises with electricity and heat, transformer and electrical substations, boiler rooms, compressor rooms, etc.
4. Transport and warehouse buildings. This group includes industrial vehicle parking lots, garages, fire stations, finished product warehouses, etc.

Depending on the number of spans, one-, two- and multi-span industrial buildings and structures are distinguished.

By the number of floors - single-story and multi-story. Today, one-story buildings predominate in construction (approximately 80%). Multi-storey buildings are used in industries with light technological equipment.

Depending on the availability of lifting and transport equipment, industrial buildings and structures are divided into craneless and crane (with suspended or bridge equipment).

What is a building?

A structure is a volumetric, linear or planar building system that has underground or above-ground parts.

It consists of load-bearing and enclosing building structures and is designed to perform various production processes, temporary stay of people, storage of finished products, movement of goods and people.

There are:

• linear structures - power lines, pipelines, roads;
• venues (stadiums, gyms and airfields);
• deep and underground structures (storages, wells, subways, wells, etc.).

Facilities also include:

• Fences, railings, fences, towers.
• Retaining supports, towers, blocks and pillars.
• Ferry blocks, masts and dams.
• Tunnels, bridges, mines, underground channels and passages.
• Statues, monuments, crosses.
• Other engineering and construction facilities for industrial, military, government or administrative purposes, communication lines, television, radio broadcast systems, heat, power transmission and Internet networks.

All listed objects relate to structures. They perform an auxiliary cultural, religious or technical function in people’s life.

Some additional features of the buildings

The structure can be erected as an independent object, regardless of its future location on the land plot.

Any construction object, taken separately, can constitute one overall complete structure, which contains the entire engineering and technical infrastructure.

According to their purpose, they can be temporary or long-term and represent either a completed structure or an unfinished one.

Hydraulic structures

Hydraulic engineering refers to structures that are used to improve, regulate, redirect water resources and prevent the negative effects of water. These include piers, river dams, canals, hydroelectric power stations, ports, and river backwaters.

In addition, there are specialized structures, for example, drainage systems that are used in agriculture, sea and river shipping structures, water pipelines, and settling tanks.

All of the above structures are erected according to the development and need of a particular sector of the economy.

Depending on the location, the hydraulic structure can be:

• sea;
• river;
• lake;
• ground;
• underground.

Depending on the type of maintenance of the hydraulic structure, the branches of water management can be:

• water and energy;
• bank protection;
• reclamation;
• water transport.

There are also structures for sewerage, water supply, use of water resources, city improvement, aesthetic and sports purposes.

Comparison

What is the difference between a building and a structure? Today in the legal literature these concepts are used as synonyms. But historically, buildings included those structures that had an above-ground part and separate premises.

Used for living, studying, production, sports, etc. Structures - any object erected by man (stadium, firing point, bunker, column, etc.). Structures may be deprived of an above-ground part.

We discussed in more detail what a building is and what a structure is in the article. These concepts must be distinguished. According to the practice that has developed over time, construction is a broader concept.

Calling a building a structure would not be a mistake.

So, what is the difference between a building and a structure? Let's summarize.

1. Special purpose. Buildings are structures adapted for people to live, work and study. Structures are objects that perform technical functions.
2. Design. Buildings, unlike structures, always have separate premises and architectural completeness.
3. Individual characteristics. Buildings always have an above-ground part that forms their foundation. Structures can be located entirely underground.

Source: https://center-avtomatiki.com/obekty-administrativnogo-naznacheniya-chto-eto/

Rent and sale: some nuances

As you know, any commercial premises must generate income. Stable and constant profit is considered to be the receipt of funds from rent. As a rule, rent is carried out for a long period. When carrying out a transaction for the purchase and sale of premises, it is necessary to carefully study the documentation on the transfer of the area from residential to non-residential. If the building is an old mansion, you should additionally familiarize yourself with the opinions of experts on the possibility of its arrangement. Undoubtedly, among other things, it is necessary to ensure the legal purity of the title papers.

A review of free-use premises, perhaps, should begin with the fact that this concept, as well as the abbreviation used with a similar meaning (PSN), is not a legal term in the strict sense of the word, but rather a colloquial expression. The phrase “vacant space” can often be found in advertisements submitted by both owners and potential tenants.

PSN area

An overview of the market for free-use premises is complicated by their multifunctionality. They cannot be clearly classified as one or another type of space, since in each specific situation the purpose and method of use will be determined directly by the tenant.

It is not beneficial for developers to pre-establish specific characteristics of free-use premises that limit the purpose of a particular space. This would mean that before renting out this or that area, it is necessary to carry out the appropriate redevelopment, finishing work, etc.

However, practical business people are willing to buy or rent vacant premises. This is explained by the fact that in each case, tenants, as a rule, already have a certain set of formulated requirements for the technical characteristics of the PSN. Before using the service of renting vacant premises from the owner, they carefully study the entire package of services (price, payment procedure, area, communications, etc.). It should be noted that most often landlords strive to ensure that the premises they rent out are classified as sales offices or shops, since in these cases the rental rate becomes much higher.

What are the benefits of renting vacant premises?

Let's list some arguments in favor of renting a PSN to start your own business:

• · versatility
  (in such buildings or premises you can place a warehouse or office, administrative office or store, and, if desired, you can combine different types of goods and services);
• equipment
  (as a rule, PSN already have all the communications necessary for work - the entrepreneur only needs to bring the necessary equipment and furniture);
• a wide selection of locations
  (you can select a PSN in any area that maximally covers the target audience);
• · price variety
  (every entrepreneur can find a PSN within their means, since prices are determined mainly by geographical location and footage);
• integrated approach
  (if necessary, you can rent additional space in the same building that is already in use, or in neighboring properties);
• benefits
  (renting a PSN from the owner is much cheaper than purchasing even the smallest area as property).

If you need to change the type of non-residential real estate, questions arise - where to go, where to start, what to do with title documents, etc.

What is it and why is it needed?

There is no specific definition of a non-residential property, but there are a number of signs that allow an object to be classified as non-residential.

Non-residential premises - real estate, but not necessarily representing separate buildings, but separate parts of buildings clearly delineated by boundaries.

Non-residential properties cannot be used for housing.

A non-residential building may serve as a catering establishment, such as a cafe, restaurant, bar . However, there must be premises used for cooking, storing and cutting food, must comply with sanitary and hygienic standards - be lined with glazed ceramic tiles, have a special floor covering, etc.

Slightly different requirements for medical premises. institutions, and completely different - when non-residential real estate houses a gym, fitness center, kindergarten, office, pharmacy, etc., and not only for san. requirements, but also for fire safety.

Knowing exactly and being able to verify by checking documents that specifically indicate the type of non-residential premises and its purpose is very important when:

The buyer or tenant is looking for non-residential premises for a specific purpose, which will allow them to save money by purchasing or renting the exact area they are looking for, with a suitable purpose and the required finishing.

In the process of preparing paperwork for opening a business, a lot of problems are eliminated if the real estate documents contain records of the intended purpose of the premises that correspond to the area of ​​activity.

When registering for cadastral registration with the State Property Committee (Clause 16, Part 2, Article 7 of Law No. 221-FZ of July 24, 2007), data on the purpose of the premises (residential, non-residential) will also be recorded.

It is very important to prove that the residential building has a non-residential purpose, otherwise the area cannot be used for business.

The rules for maintaining the EDGP, approved by the RF PP dated 02/18/1998 N 219, prescribe an indication of the main purpose of the premises according to the BTI, and clause 67 requires maintaining records of changes.

This means that if you need to change the intended purpose, you should make adjustments in the Unified State Register and State Property Committee database, as well as in your title documents - this is important.

Not only its civil legal status, but also the amount of rent and the purchase and sale price depend on how non-residential premises are designed from the point of view of their intended use.

Now let's move on to the types of purposes of non-residential premises.

Changing the purpose of a building

In this case, there is no need to transfer the land plot from residential and public development land to the category of “chemical industry land”.
We recommend reading: How to conclude a rent agreement However, if one of the buildings changes its functional purpose, therefore, the land plot changes its intended (functional - not main) purpose. However, he may remain in the previously defined category.

As practice shows, when changing the intended purpose of agricultural land or forest resources, the procedure for using which is sufficiently specified by the legislator, such questions do not arise.

Purpose of non-residential premises

The intended purpose of non-residential premises is the type of area, which is recorded in documents and determines the possibilities of use and can serve as a limitation.

Initially, when a building is being built, the purpose is indicated on the floor plans in accordance with the explication, which, upon commissioning, receives its intended purpose, which appears in the documents (based on the project).

Both in a residential building non-residential premises can be allocated, and in individual non-residential buildings, these areas, in accordance with the design documentation, can be named:

• pharmacy;
• store;
• office;
• dental office;
• library;
• entertainment center, etc.

But in each such case, the non-residential object immediately receives a purpose recorded in the documentation.

Details about the service

The functional purpose of non-residential premises is an acceptable way to use these premises.

If the premises were previously used as an office, and you need to place a store/dentistry/hairdresser, etc. there, you must find information about the functional purpose in the design documentation and title documents for the premises. In the case where such information is missing, your premises are so-called “free use”. If the functional purpose is directly indicated and it does not suit you, it is necessary to carry out a partial reconstruction or complete re-equipment with a subsequent change of functional purpose.

To obtain approval for the functional purpose of the premises (building), you must submit an application to the local government authorities at the location of the facility.

The procedure for changing/coordinating the functional purpose of non-residential premises

List of documents required to change/approval of the functional purpose of non-residential premises

* Y - Prepared by JUSTICON company, K - Provided by the client

Legal, having many years of experience, offers you a full range of legal services for changing the functional purpose of non-residential premises

Legislation

Law of Ukraine “On the regulation of urban planning activities”

Non-residential premises for free use

There is a trick to expand the area of ​​use of real estate by calling it non-residential premises for free use. What is this - non-residential premises for free use?

These are universal objects that can be used by tenants for various activity profiles, excluding special.

Free-use premises (hereinafter referred to as PSN) can have different areas, which, when placing offices or retail outlets, can be easily divided by installing prefabricated partitions and organizing the required number of compartments.

With PSN there are fewer problems when organizing your own business, they are easier to rent and sell, and the cost is much higher than with a specific connection to the purpose of operation.

How to change the purpose of the territory?

Many citizens ask the question: “How to change the purpose of non-residential premises?” Let’s figure it out.

If the new direction of activity does not entail drastic interventions in the layout and design of the premises, then changing the intended purpose of a non-residential property will not be particularly expensive in terms of time or money.

On his own initiative, the tenant is not given the right to change the intended purpose of the property, but only with the consent of the owner or on his instructions, executed by a notary.

For any type of activity, you will need to obtain approval in the form of a conclusion from the State Fire Inspectorate at the level of the district fire inspection department.

Next, it is important to obtain the opinion of Rospotrebnadzor, since this is the body in charge of the dignity. epid. permits, without paper from this body it is impossible to start operating a catering establishment, store, etc. You need to order plans for the rooms below and above from the BTI.

Even if the owner himself is completely sure that the premises are suitable and meet all the requirements of the Resolution of Ch. state rank doctor of the Russian Federation dated 09/07/2001 N 23, then his confidence means nothing without a document from Rospotrebnadzor specialists.

Then you should prepare:

• title papers for the property;
• registration certificate;
• explication, floor plans;
• certificate on the technical condition of the building structures (from the BTI);
• a recent document on inventory value (from the BTI);
• a paper from housing and communal services confirming that there are no debts to pay for utilities.

When starting activities in a new field, it is important not to forget to notify Rospotrebnadzor about this (Article 8 of Federal Law No. 294).