Use of residential premises for office
Advice from lawyers:
1. The LLC entered into a lease agreement for a residential building for an office. We know that we need to move it to non-residential premises, but that’s how it is for now. The question is how to draw up a contract for a land plot located under it and is it necessary? Types of permitted use of a land plot are for summer cottage construction with the right to erect a residential building with the right to register residence in it. The owners of a residential building and a land plot are different individuals.
1.1. Please note Art. 17 of the Housing Code of the Russian Federation, according to which it is allowed to use residential premises for carrying out professional activities or individual entrepreneurial activities by citizens living there legally, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet. As follows from your question, the Tenant is an LLC, which will entail the risk of bringing the Landlord to administrative liability. In addition, it is not allowed to locate industrial production facilities, hotels, or carry out missionary activities in residential premises, except for the cases provided for in Article 16 of the Federal Law of September 26, 1997 N 125-FZ “On Freedom of Conscience and Religious Associations” . Concluding a lease agreement for a land plot makes sense if the Tenant also uses the land plot itself, and not just the house.
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2. Our organization purchased 2 residential apartments. We plan to transfer them to one non-residential premises and use them as an office. Now these apartments are on account 08.03. We are asked why we did not put these apartments on the balance sheet as fixed assets? But we purchased them for use as an office! Why should we put them on the balance sheet as operating systems before we bring them to a state suitable for use as an office?
2.1. In order to bring it into a state suitable for use in business, you must first put it on balance.
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3. The 3-room apartment is used partly as an office, partly as an apartment, at what tariffs should I pay for electricity, the apartment is not removed from the housing stock but has a separate entrance? Will there be any claims from Energy Sales for using one room as an office space?
3.1. If in a housing stock, then pay as for residential premises.
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4. Is it possible to use a premises in a residential building on the 1st floor with a separate entrance for the sale of draft beer if the administration’s order for transferring the premises from residential to non-residential is written for use as an office.
4.1. Hello! No, you can't - it's necessary for use as a store.
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5. There is a residential building and a plot of land underneath it for individual housing construction. Part of the house is used for living, part is rented out. Land control specialists issued a fine for inappropriate use of the land. What type of intended use should the land plot be transferred to so that it corresponds to the type of its actual use? And is it necessary to re-register the purpose of premises that are rented out as a store, office, etc.
5.1. Hello! You must have a plot of land - settlement land.
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6. I am the owner of non-residential premises in a residential building designed according to the plan for an office and a store. The HOA restricts the use of the premises for food and catering, do they have the right to do this?
6.1. Hello! The HOA restricts the use of the premises for food and catering, do they have the right to do this? - no, you are the same owner.
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7. Non-residential premises in the mezzanine of the first floor of an apartment building were purchased from the property fund based on the results of an auction. The entrance is common from the entrance of the house. Residential apartments are located on the floor above. Do we need to obtain consent from any residents to use the premises as an office?
7.1. By itself, no.
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8. Question about using an apartment for an office 1. Is it possible for a legal entity to rent residential premises from an individual for an office and the rental costs be charged to income taxes 2. The same question, only the owner of the property is the founder of an LLC - is it possible to somehow rent it for an office ; — Is it possible to make repairs in the premises at the expense of the LLC, because The LLC is registered there and is used as an office.
8.1. Good afternoon 1. Costs can be deducted. 2. Yes, of course. 3. Yes, it's possible.
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9. I own a non-residential premises with a wheelchair access which is accessible from the entrance of a residential building. I want to use it for an office. Is this use legal?
9.1. You can, but keep in mind that the stroller room is usually the common property of the residents of the MK. If there are ill-wishers, you have a chance to lose this so-called property on the basis of a court decision, by analogy with the owners of basement stores.
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10. I want to convert a residential apartment on the second floor into non-residential premises for an office. On the ground floor there is a non-residential premises. But there is no possibility of making a separate entrance, except for the common one in the entrance where the residential apartments are located. Can be translated and used in the future.
10.1. Hello, Alexander. Everything will depend on the technical characteristics of the building - if it is technically impossible to create a separate entrance (if there is a common entrance, access to residential premises), then they may allow transfer to non-residential premises (subject to the remaining criteria for recognizing the premises as non-residential). We need a well-thought-out project and its justification. Good luck to you!
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11. Article 17 of the Housing Code: “It is allowed to use residential premises for carrying out professional activities or individual entrepreneurial activities...” “The placement of industrial production in residential premises is not allowed.” Is it possible to use such a room as a sales office for metal-plastic windows? Is it possible to interpret this article as: “Everything that is not prohibited is permitted.”?
11.1. Hello, Elena, you can use a living space for an office. In this case, the article should be interpreted as follows: everything that is not related to industrial production is permitted. Those. You cannot engage, for example, in the production of metal-plastic windows. Because the article has a limitation. Can it be used for an office?
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12. Residential premises are rented out as an office. What responsibility? Or the use of residential premises for commercial purposes. What is the risk? Thank you.
12.1. For a citizen - virtually nothing. For a person using it as an office due to tax problems, the costs will not be justified. They can simply, at the request of interested parties, prohibit carrying out such commercial activities, and if as a result of this activity damage is caused to the property of the owners, including common property, then they can compensate for this damage.
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13. A company rents non-residential premises for an office in another city. Is it possible for company employees on a business trip to be in the office at night? What are the criteria for using the premises as residential or non-residential?
13.1. When concluding a lease agreement, all these issues can be discussed. If the landlord has not directly stated in the lease agreement that the use of the premises is prohibited at night, then you can use it, naturally, within reason, without creating problems for others.
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14. Does NNN LLC have the right to rent RESIDENTIAL premises (for office) from another TT LLC? The landlord rents out and the tenant accepts for temporary use real estate - residential premises with a total area of 16 square meters. m. The premises are provided to the Tenant for its intended use.
14.1. Dear Irina, of course, it can without indicating its actual use in the lease agreement.
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15. Can LLC-1 lease residential premises to LLC-2? Moreover, the residential premises are in the process of being transferred to non-residential stock, and in the lease agreement it is proposed to write: “000-1 transfers the premises to 000-2 for the purpose of transferring it from residential to non-residential stock, carrying out ... work and its subsequent use as an office.” Thank you in advance.
15.1. Sergey, good afternoon! No problem! Can. Just sign it first for a period of less than a year and indicate a possible (or mandatory) extension. Then in this version it will not need to be registered (Agreement). And when the translation has already taken place, you will write either another agreement or an addition to the first one. Sincerely,
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15.2. The lease agreement must contain data that makes it possible to definitely establish the property to be transferred to the lessee as the leased object. In the absence of this data in the contract, the condition regarding the object to be leased is considered not agreed upon by the parties, and the corresponding contract is not considered concluded (clause 3 of Article 607 of the Civil Code of the Russian Federation). In addition, residential premises are allowed to be rented out to an LLC only for the residence of citizens (Article 671). Consequently, the agreement can be concluded with the condition that the lease period begins from the moment all actions to convert the residential premises to non-residential premises are completed. Before this, it is better to conclude another agreement, for example: a contract agreement for repair work, etc. There can be one (mixed) contract, but only if the above conditions are met.
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16. Dear lawyers! Please help me understand the following issue. What is the difference between renting residential premises or an apartment for an office and renting? Can my close relative or friend provide me with his apartment or living space for an office free of charge and can we formalize this transaction with a transfer agreement for free use? Will we have a problem, say, with the tax authorities? Thanks in advance for your answer.
16.1. Nothing in principle. In general, a tenancy agreement is a special type of lease in relation to residential premises; accordingly, the terms of the lease are distinguished by a greater degree of protection for the citizen living in the residential premises. But you can’t rent an apartment for an office; it’s a direct ban; residential premises can only be used for living. That is why you cannot enter into a rental agreement for residential premises for the purposes you specified. Housing Code of the RSFSR of June 24, 1983 (as amended on January 18, 1985, August 29, 1986, July 7, 1987, November 18, December 19, 1988, June 22, 1989, July 6, 1991 ., January 27, August 22, 1995, March 28, 1998, April 17, 2001, July 25, December 24, 31, 2002) » Article 7. Purpose of residential buildings and residential premises Residential buildings and residential premises are intended for permanent residence of citizens, as well as for use in the prescribed manner as office residential premises, residential premises from housing funds for temporary settlement, dormitories and other specialized residential premises. Providing premises in residential buildings for industrial needs is prohibited. ".
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17. In July 2003, the company bought a building - two apartments that make up a house as a whole, for the purpose of further reconstruction and use as an office. The building will be reconstructed for office use. Until it is completed, we will not transfer it to non-residential stock. Today we have documents - St.-va about the state registration of 2 apartments, i.e. residential premises. Until the reconstruction is completed, should we pay something or report additionally and where? Thank you.
17.1. Dear Larisa. You are required to submit an application addressed to the Head of Administration with a request for permission to reconstruct, prepare and coordinate with the architecture of the district a project for the reconstruction of the premises, carry out the reconstruction according to the project, put it into operation (draw up a Commissioning Certificate which must be approved by the District Administration) only after this you will be able to transfer these premises from residential to non-residential. You must pay property taxes to your local tax office.
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What it is ?
If you believe Federal Law No. 122, then a non-residential premises must be an immovable object and at the same time isolated.
The functions of the boundaries of the room are performed by the floor, walls and ceiling.
In addition, there must be an entrance - this is a mandatory condition. Such a room must also belong to a special non-residential fund, but it can be located either in a residential building or in a facility not intended for human habitation.
Today, citizens living in apartment buildings often confuse the concepts of non-residential premises and property in common use. They need to understand that the area of staircases, entrances, elevators, attics and basements belongs to common property.
Read more: Notary deposit for real estate transactions cost
But non-residential objects include office premises, areas occupied by shops or cafes.
Features of renting an apartment for business activities
An office is a premises intended for conducting commercial activities. Namely:
- receiving customers and clients;
- negotiations with partners;
- hiring staff;
- accounting activities;
- carrying out management operations.
In accordance with the law, the office must be located in specialized non-residential premises. It is prohibited to locate offices in residential apartments.
The law provides for the possibility of concluding an apartment rental contract between the owner and a legal entity. However, the sole use of the premises may be for the residence of employees or other persons.
To use residential premises for other purposes, the apartment must be transferred to non-residential premises. Thus, the law does not provide for the possibility of concluding a rental agreement between the owner and a legal entity for use as an office.
