Transfer of residential premises to non-residential premises in an apartment building and private building in 2020: is it possible, procedure, conditions

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A multi-storey residential building can be used not only for human habitation. The first floors of the building will be equipped for commercial premises: offices, shops, bars, salons, hairdressers or law firms. If so, it means that the owners of these objects have transferred the residential premises to non-residential premises. This is very convenient and profitable, for example, compared to buying a ready-made office space. Having made the transfer, you can open an individual entrepreneur or LLC and engage in commercial activities in a developed area.

The question arises, how to convert residential premises into non-residential objects in the house, and vice versa? The procedure is in demand not only in apartment buildings, but also in the private sector. Before opening a business, an individual entrepreneur needs to convert square meters of residential space into a non-residential property. Read about this process in our article.

In which housing can I obtain temporary registration with the right of residence?

In accordance with the current standards of registration and migration legislation, temporary registration is currently possible in any residential premises located on the territory of the Russian Federation.

However, when applying for this type of registration, you should remember that it should not only allow you to receive certain government services, for example, payment of pensions or medical care, but also provide the right of residence. In accordance with these features of temporary registration, the following types of residential premises should be distinguished:

an apartment for which ownership has been registered from a legal point of view , or a house built as part of individual housing construction, for which ownership rights have also been registered;
municipal housing, the use of which is carried out on the basis of a social tenancy agreement. On the basis of such an agreement, temporary registration of a citizen can be carried out, however, its validity period will be limited by the validity period of the agreement itself;
non-privatized housing, the use of which occurs on the basis of an issued warrant. Temporary registration in such residential premises is carried out only with the consent of the state, and the validity period cannot exceed five years, that is, the maximum period for the person who issued the temporary registration;
mortgage housing (regardless of what type it is). Registration can be completed on the basis of the consent of the bank (due to the presence of such residential premises as collateral), and its validity period can be set from one month to five years at the discretion of the registered person. However, such registration has a number of its own characteristics;
communal housing (apartment or house). Registration in such premises can be carried out for a period of up to five years, however, as in the case of mortgaged housing, it will have its own characteristics;
apartments , as a place of temporary registration, today act as such residential premises, the period of registration in which is limited by the actual period of residence in accordance with the concluded rental agreement. Registration of temporary registration in such a residential premises is also associated with a number of features that should be taken into account.

Is it possible to use non-residential premises for residential purposes?

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(5.00) ( 3) 25 reads June 29, 2020 at 5:53 pm Non-residential premises cannot be used for residential purposes. At the same time, there is no special liability for citizens living in non-residential premises. In a number of cases, persons living in non-residential premises may be evicted from it in court. Buildings and structures must be operated in accordance with their permitted use (purpose) (Part.

1 tbsp. 55.24 of the Civil Code of the Russian Federation). The place of residence of a citizen, that is, the place in which he permanently or primarily resides, may be a residential building, apartment, room and other residential premises (Clause 1 of Article 20 of the Civil Code of the Russian Federation; Part 1 of Article 16, Part 1 of Article 17 of the Housing Code of the Russian Federation; Article 2 of Law No. 5242-1 of June 25, 1993).Residential premises must be suitable for permanent residence of citizens, namely, meet established sanitary and technical rules and regulations and other legal requirements, in particular , by area, layout, illumination, insolation, microclimate, air exchange, noise levels, vibration, ionizing and non-ionizing radiation (part.

2 tbsp. 15 Housing Code of the Russian Federation; clause 1 art. 23 of the Federal Law of March 30, 1999 No. 52-FZ

“On the sanitary and epidemiological well-being of the population”

; section II Regulations, approved. Decree of the Government of the Russian Federation dated January 28, 2006 No. 47). In accordance with sanitary and epidemiological requirements, the provision of non-residential premises to citizens for permanent or temporary residence is not allowed (clause

2 tbsp. 23 of Federal Law No. 52-FZ of March 30, 1999). At the same time, the current legislation does not establish special liability for citizens living in non-residential premises. However, persons using non-residential premises for the residence of citizens (owners, tenants) may be brought to administrative liability (Art.

6.4 Code of Administrative Offenses of the Russian Federation; Decision of the Moscow City Court dated January 30, 2014 in case No. 7-309/2014). In some cases, persons living in non-residential premises (in particular, those who are not the owners of such premises) may face eviction or a court ban on living in this premises ( appeal rulings of the Moscow City Court dated December 20, 2019 in case No. 33-55295/2019, dated June 18, 2019 in case No. 33-23057/2019, dated November 28, 2018 in case No. 33-51955/2018). Note that the apartments are non-residential premises not intended for permanent residence, however, they can be classified as places of temporary accommodation (stay) of citizens (part 2 of article 15, part 1, 3 of article 16 of the Housing Code of the Russian Federation; clause 1 of article 20 of the Civil Code RF; Article 2 of the Law of June 25, 1993 No. 5242-1; clause.

3 Rules, approved. Decree of the Government of the Russian Federation dated July 17, 1995 No. 713; determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated April 10, 2018 No. 6-KG 18-6). Based on materials (“Electronic magazine “ABC of Law”, 2020) Author of the publication Lawyer, Subscribe Author: Lawyer Subscribe Ask Share

Does a lease agreement for non-residential premises from individuals require registration with Justice? faces?

22.1. If the premises and the lease term are not more than a year, then they are not subject to registration.

Year and above are subject to registration in the Russian Register.

There is a big difference between renting a premises and renting a building and structure. Previous lawyers responded to you about the structure. You wrote about renting premises. Did the answer help you? Yes No 22.2. In justice - I don’t know, but in Rosreestr - yes. Did the answer help you? Yes No 22.3. A lease agreement for a building or structure concluded for a period of at least a year is subject to state registration and is considered concluded from the moment of such registration.

A lease agreement for a building or structure concluded for a period of at least a year is subject to state registration and is considered concluded from the moment of such registration. Did the answer help you? Not really

Temporary registration in public housing

Registration of temporary registration in housing that is on the balance sheet of a particular municipal entity always takes place only taking into account the current norms of registration legislation operating at the federal level, as well as legislation in the field of operation of residential premises within the region where a specific municipal living space is located.

Registration of temporary registration in municipal housing is possible only if, during registration actions and when all registered persons live in the apartment, there is no violation of current sanitary standards, as well as social norms for the use of a particular residential premises.

When registering at the place of stay in municipal housing, temporary registration is first issued to the person who acts as the tenant of the residential premises . After temporary registration has been issued to such an employer, he has the right to issue registration to other persons. However, if registration may entail a violation of current sanitary or social standards, then registration of other persons may be refused.

Difference in concepts: place of registration and residence of a citizen

By law, no one can prohibit the owner from being in his own office, workshop, or garage around the clock. It’s another matter when his presence there creates discomfort for those around him. Then the neighbors can turn to representatives of the law with a request to sort out the situation. Although it is often difficult to prove the fact of residence, this is undertaken only for compelling reasons, for example, when illegal migrants or fugitive criminals have settled in the basement.

It is risky for a tenant to live in a non-residential property - problems with the authorities may arise. Especially if the lease agreement strictly states the needs for which square meters of space are allowed to be used. If it is discovered that the property is not being used for its intended purpose, the owner of the property has the right to terminate the contract unilaterally (read more about the rules for using non-residential real estate here, and in this article we talked about the intended use of non-residential premises).

They cannot register a citizen either temporarily or permanently in non-residential premises. A complete list of places where legal permanent residence or temporary registration of an internal migrant is possible is listed in the annex to Resolution No. 713 of July 17, 1995.

According to the current Government Decree No. 47 of January 28, 2006, the place of registration must be officially considered residential. To do this, you will need to prove to the local municipality that it is suitable for habitation and that it complies with sanitary, epidemiological and hygiene standards. The decision to recognize the premises as residential is made by a special commission.

It was allowed to register and obtain permanent registration in a country house in 2013. To do this you definitely need:

Strengthen the walls and foundation.
Provide water and electricity.
Equip a sewer system.
Insulate.

After all these manipulations, you need to contact Rosreestr to register the building. And only with a certificate from Rosreestr does it make sense to go to the municipality to register registration at the dacha (read more about all the nuances of living in a non-residential building and transferring it to residential premises in a gardening partnership here).

There is no punishment for registration in non-residential premises in Russian legislation because no one will register a citizen in such a place.

What liability occurs in case of violation of registration laws? Photo No. 4

As already stated above, liability for violations related to the registration of citizens is provided for by the Code of Administrative Offences. At the same time, not only those citizens who do not register in a timely manner are subject to it, but also those who refuse to do so (for example, those who rent out their housing).

For such violations a fine is imposed. In addition, if such violations are committed by foreigners or stateless persons, then in addition to heavy fines, they face deportation from the country, as well as a complete or partial subsequent ban on entry into the Russian Federation.

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It is impossible to register in non-residential premises, since this is directly prohibited by current legislation. For violating such rules, citizens face a fine, and persons who come from other countries and do not have our citizenship in addition to it may be generally prohibited from visiting the territory of the Russian Federation in the future.

As Housing and Communal Services Minister Mikhail Men previously told RIA Novosti, permanent registration may be allowed in apartments in Russia, but the special status of this type of real estate is planned to be preserved. According to him, the Ministry of Construction is currently actively working with the expert community and the Moscow government to prepare a bill on apartments.

“We have nevertheless come to the position that people should be allowed to register in apartments, maintaining the special status of such premises and not equating them with housing,” the minister added. In addition, at present the question of the legal status of the apartments remains open. “The opinions of those who build, registrars and departments that give permission for construction and commissioning are different,” Men stated. Today, on the Federal Portal of Draft Regulatory Acts, the Ministry of Construction posted the text of the bill, which brings to life the words of Me.

The authors of the initiative explain that the changes are aimed “at solving the most pressing problems caused by the construction and sale of non-residential premises to citizens for permanent residence.” Recently, housing of this class has been actively built in large cities; Citizens who purchase it have problems documenting their place of residence or place of stay, the developers of the initiative note.

As noted in the explanatory note, current legislation does not recognize apartments as residential premises, and registration of citizens in apartments is impossible, regardless of the period of residence in them. The bill proposes to amend the law “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence” and allow citizens to register in such real estate at their place of residence.

In order to prevent abuse, the authors of the bill propose the following measure. A citizen will be able to register not in any non-residential premises, but only in those that are included in a special list approved by the local government authorities for the location of the property. Currently, the approach set out in the bill is already being applied in Moscow, where a register of non-residential premises has been created that citizens can use as residential premises. This mechanism is aimed at providing citizens with tax benefits for paying personal property taxes.

You can read the text of the bill “On Amendments to the Law of the Russian Federation “On the Right of Citizens of the Russian Federation to Freedom of Movement, Choice of Place of Stay and Residence within the Russian Federation” by following the link.

Place of residence - is it the place of registration or residence? These two concepts are often used in everyday communication. However, people often generalize phenomena that are different in nature.

What is considered to be the place of registration of a citizen?

The place where a person is registered is the only one specified in the document confirming him.

It is recorded in the bodies of the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation and serves as the basis for solving many, both global and private problems.

For the person himself, such a place gives some rights to residential premises, allows him to realize employment opportunities, etc.

For the state, this is a way to control internal and external migration. For example, changing the place of registration when moving to another city, etc.

Is the place of residence the place of registration? What is considered a place of residence? Place of residence is a dynamic concept. It does not reflect a connection to a specific living space: a village house, a privatized apartment or a communal room.

In addition, this concept characterizes exactly those coordinates where a person lives in fact, and not from the point of view of documentation.

A person may be registered, for example, in a relative’s mortgaged apartment, but in fact may live in a dormitory.

Any type of registration is characterized by a number of common features:

Mandatory for all citizens. For violation of the registration system, an administrative fine is levied, both from the party that provided the housing and from the persons living in it without official registration.
You can apply for any type of registration only in residential premises.
A new place of residence is registered only with the consent of the owner of the living space. This rule does not apply to children under 14 years of age. They are registered with one of their parents without the prior consent of the owner.
Any type of registration makes it possible to receive certain free services: medical care, use of a kindergarten or school, payment of benefits.

There are also differences, which are as follows:

The place of residence is the address where a person is permanently located, most of the time, according to Article 20 of the Civil Code of the Russian Federation.
He can be registered in the apartment until he expresses a desire to leave it. When moving around the country, any person must inform the state of his place of stay. This can be done by registering temporarily within the period specified by law. By law, registration is required when staying more than 90 days in one locality.
You can register temporarily for a maximum period of 5 years. After its completion, an extension is required. Permanent residence has no time restrictions.
The temporary address is not entered in the passport, but is issued in the form of a standard insert. At the same time, the registration at the residence address is preserved, the citizen does not lose it by making temporary registration. No marks are made in the passport. On the contrary, the permanent residence address is recorded in the passport by government authorities in the form of a stamp.

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Article 20. Place of residence of a citizen

Place of residence is the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.
The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

Failure to comply with registration deadlines will result in penalties. According to Article 19.15 of the Administrative Code, the fine will be from 2 to 3 thousand rubles for persons who have not registered. In cities such as Moscow and St. Petersburg, the amount is slightly higher - from 3 to 5 thousand rubles.

Temporary registration can be made in accordance with Federal Law No. 5242-1 of June 25, 1993 in any residential premises: hotel, rest home, boarding house, sanatorium, camping site, medical organization, recreation center, correctional institution. All premises must represent housing stock. The place of permanent residence includes the following premises:

an apartment or room registered under a social tenancy agreement;
specialized housing: office premises;
own privatized real estate: this can be a separate apartment, room or house (read about registration in your own apartment at your place of residence here).

Temporary registration and non-privatized housing

The registration procedure for non-privatized housing is practically no different from the similar procedure associated with municipal housing, with the difference that non-privatized housing may belong not only to the municipality, but also to other organizations, for example, large manufacturing enterprises.

Temporary registration in such residential premises is also carried out through the migration authorities, but the use of legal norms regarding compliance with social and sanitary standards when registering citizens of the Russian Federation in the area of such residential premises is not carried out so strictly, since the decision on whether to register on a temporary basis or not this or that person is received by the owner of the premises.

In order to carry out temporary registration for one or another person, it is first necessary for a citizen of the Russian Federation in whose name the rental agreement for the premises has been drawn up to obtain permanent or temporary registration in a non-privatized residential premises. Only after this can temporary registration be issued to one or another person who submits an appropriate application for this.

It should be remembered that when applying for temporary registration, priority in the formation of the registration file will be given to the relatives of the person with whom the rental agreement for the premises has been concluded, and only after the relatives or other family members of the tenant of the premises have been registered, a similar procedure can be carried out in relation to other persons who submitted such an application.

Registration of premises

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the room must have boundaries;
the premises must be isolated and separate objects within a single whole building;
the premises must have parameters and characteristics that allow it to be individualized during the cadastral registration process.

Registration actions in relation to a separate premises or several can be carried out both simultaneously with the registration of the main building, and in the process of allocating separate premises during operation. The formation of non-residential premises is also possible after the main facility is put into operation.

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Communal apartment and temporary registration in it

Before talking about the specifics of temporary registration in a communal apartment, it is necessary to clarify which owner of such a collective living space is. Currently, there are two types of communal residential premises: premises that are owned by municipalities, as well as premises that are purchased into private ownership.

In the event that we are talking about premises owned by the municipality, it will be necessary to obtain the consent of the owner in the person of a representative of the administration, as well as roommates.

If we are talking about an apartment that was purchased into private ownership, then only the consent of the roommates will be required , while obtaining similar consent from the owners of other rooms will not be required.

However, it should be taken into account that for apartments that are registered as shared ownership, you will have to obtain consent for temporary registration from all owners, even those who do not use the premises.

How to manage non-residential premises in an apartment building

Owners of real estate in apartment buildings that are not intended for residential use are not parties to the agreement between the apartment owners and the management organization (MC). They must independently register with utility organizations and sign an agreement with them.

If the owners of non-residential premises for some reason have not concluded an agreement with utility organizations, then the head of the management company or the chairman of the HOA must report the availability and quantity of non-residential premises to the relevant resource supply and service organizations.

Registration in rental housing

For cases where we are talking about rented housing, temporary registration has its own characteristics. So, if we talk about obtaining the consent of the homeowner, it is often necessary to conclude a special agreement, according to which not only will the use of the residential premises be carried out, but also a mechanism will be stipulated by which the registration and payment of increased utilities will be carried out by the registered person.

When renting privately owned housing, obtaining the consent of the owner of such residential premises to carry out registration procedures is mandatory.

Without the consent of the owner of such premises, it is only possible to register a person who is a close relative of someone who is already registered there , that is, a child or parent (for the latter, this rule applies only if in relation to such a person there is a medically confirmed need for constant care provided outside a health care facility).

Temporary registration in mortgage housing

The main feature of mortgaged housing should be considered that it is pledged to the bank until the target loan taken is fully repaid. And based on this feature, it should be taken into account that the registration procedure will be carried out only after the bank allows such a procedure to be carried out .

In the case of permanent registration, the question of the possibility of its implementation in mortgaged housing is a rather difficult problem to resolve precisely because such housing is pledged to the bank. If we are talking about carrying out the procedure for temporary registration in mortgaged housing, then the bank most often agrees to such a procedure.

Only the person who is the bank's borrower can register for mortgage housing. This feature is formed on the basis that a mortgage loan does not allow the official rental of housing.

Is registration possible if the apartment has a mortgage?

An apartment purchased with a mortgage is not the property of the bank, but is pledged to it. Therefore, in order to protect itself in the event of a client’s refusal to pay the debt, the credit institution provides for the possibility of registration in the apartment of third parties in the agreement. But obstacles often arise with Temporary registration does not entail the emergence of rights to real estate, so it rarely raises concerns for the lender. However, when registering, you need to make sure that the bank gives its consent.

Registration in a private house

The registration procedure in a private house does not differ from the similar procedure provided for an apartment located in an apartment building. However, it should be borne in mind that carrying out such events in relation to a private house must be accompanied by obtaining additional documents . One of these additional documents is an extract from the house register about the number of registered persons.

In the event that, from the point of view of compliance with sanitary or social standards, some kind of violation occurs, or the house is considered non-residential due to its condition or location on lands on which a residential building cannot be built, then the implementation of temporary registration will be fraught with difficulties from the point of view of preparing the certificate of registration at the place of stay.

Apartments and temporary registration

Apartments, as a type of housing, appeared on the real estate market relatively recently. This is commercial real estate that is rented or purchased by people as an opportunity to invest money in real estate with the possibility of further commercial operation.

It will not be possible to obtain permanent registration in the apartments, since apartments are not classified as residential real estate. If we talk about temporary registration, then it can be obtained quite easily even if such premises are used as rented housing.

Features of registration of a citizen under different circumstances

Depending on the premises, there are certain restrictions on registration in it. To properly understand the rights to registration in such buildings, you need to study the features of registration in each of them.

Loft and apartments

The concept of apartments came to our country recently, but now such real estate is in demand. These are premises equipped for living, but by legal status they are not such.

These properties do not fully comply with residential standards, so they are classified as non-residential. Registration in them is impossible. The law states that registration must be in a residential area, but apartments are not included in it.

A loft is a room equipped for living, but it does not belong to residential properties and has a number of features:

special design;
high housing and communal services tariffs;
difficulty with taxation.

Important! Since the loft does not meet the standards for residential premises, registration in it is impossible.

In another city

A person can independently choose his city of residence, so if he finally decides to move to a new place of residence, he will need to register one of the types of registration: permanent or temporary. It is important to remember that temporary registration cannot be longer than three years. For this reason, it needs to be extended.

In the village

If a person wants to get rid of the noise and environmental conditions of the metropolis, he goes to the countryside. Many people are concerned about the possibility of obtaining registration in the village. There are no obstacles to registration in rural areas. Therefore, the registration procedure is the same with the city.

In the country

Many summer residents are accustomed to visiting their properties on a seasonal basis, and some want to register there. Therefore, you can obtain registration in the following cases:

documents are issued to the applicant;
the building meets the requirements stated by law;
the cottage is located in a populated area, for example SNT;
there is no other registration (or discharge will occur).

In dorm

Since the hostel is a residential premises and the requirements of the law are met, it is possible to register in it. Registration in such a property can be either permanent or temporary. Typically, temporary registration is used by visiting students, and permanent residence is used by people who have moved to another city for work.

Temporary registration in non-residential premises - is it possible?

Registration of temporary registration in various types of non-residential premises is always a rather complex process, since the very characteristics of the premises indicate that such premises do not belong to the housing stock and cannot belong until such time as it is re-registered as residential in its own way legal characteristics.

If the temporary registration was issued in a non-residential premises, then it may have a limited validity period, and the possibility of its extension is very controversial.

Temporary registration, as a form of registration for citizens of the Russian Federation, can be issued in almost any residential premises. However, for this it is necessary to comply with all available legal nuances. If we are talking about registration in non-residential premises, then for such premises registration will have its own nuances that should be taken into account.

Responsibility for manipulations with registration

What liability occurs in case of violation of the legislation on registration? As already stated above, the Code of Administrative Offenses related to the registration of citizens is subject to it. At the same time, not only those citizens who do not register in a timely manner are subject to it, but also those who refuse to do so (for example, those who rent out their housing). For these violations, a fine is imposed. In addition, if these violations are committed by foreigners or stateless persons, then in addition to heavy fines, they face deportation from the country, as well as a complete or partial subsequent ban on entry into the Russian Federation. It is important to remember that making a decision on expulsion from the country or ban Only judicial authorities or migration service officials can enter. You cannot register in the described premises, since this is directly prohibited by current legislation. For violating such rules, citizens face a fine.

And persons who come from other countries and do not have our citizenship in addition to it may be generally prohibited from visiting the territory of the Russian Federation in the future. You can find out how to transfer housing from non-residential to residential by watching the video: See also Telephone numbers for consultation 13 Aug 2020 436 Share this post