How production facilities are divided according to environmental conditions. Classification of premises according to environmental conditions. Auxiliary and main

Since market relations are currently very developed, the concept of real estate transactions has become very widely used. But in Russian legislation there is no clear concept for such actions, which causes some difficulties.

This problem worries businessmen who want to convert residential real estate into non-residential real estate for business purposes. This question often arises before residents of houses who confuse non-residential premises with common property in the process of calculating utility bills. Read on to learn more about the types and features of such premises.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

Signs

The main features are as follows:

1. 
   Materiality and isolation. Non-residential space, like an apartment, house or room, is a completely isolated object. It has its own walls, floor and ceiling, as well as an entrance.

2. An object is real estate. According to Federal Law No. 122, the document distinguishes the right to state registration and to ownership of a particular premises.
3. The real estate is part of a building (this is a common feature with living space).
4. Property can be registered on a specific land area and cannot be moved.
5. The premises are included in the non-residential stock. It is isolated, despite the fact that it may be located in a residential or non-residential building.
6. The functional purpose is somewhat dual: the property is not intended for human habitation, but is suitable for doing business and being used for production purposes.

Type of non-residential premises

>Features, types and classification of non-residential premises

Signs

The main features are as follows:

1. Materiality and isolation. Non-residential space, like an apartment, house or room, is a completely isolated object. It has its own walls, floor and ceiling, as well as an entrance.
2. An object is real estate. According to Federal Law No. 122, the document distinguishes the right to state registration and to ownership of a particular premises.
3. The real estate is part of a building (this is a common feature with living space).
4. Property can be registered on a specific land area and cannot be moved.
5. The premises are included in the non-residential stock. It is isolated, despite the fact that it may be located in a residential or non-residential building.
6. The functional purpose is somewhat dual: the property is not intended for human habitation, but is suitable for doing business and being used for production purposes.

Classification by type of permitted use

Non-residential premises can be used for any activity. If we take into account all types of permitted use, then all premises are divided into the following types:

• Office.
  It is used to create an organization’s office, and can be located in shopping malls, shopping centers and business centers. It may also take place in a large office building. The office space has characteristic solid walls that separate it from other spaces. It is mandatory to have communications directly in the building (water, bathroom, drain).
• Trade area.
  It can be used for trade, and placed in a shopping center or in a residential building. It does not always have solid walls, but the presence of basic communications not far from such an area is mandatory. They can be designed for a small number of trading platforms.
• Multi-purpose room.
  It is suitable for different types of activities (office, medical services office, sports club, solarium, manicurist’s office, sugaring specialist’s workplace).

  The room is separate, it has a separate entrance and solid walls that separate it from other rooms.

  It must also have its own communications, and it can be located in a shopping center or residential building.

• Stock.
  It may take place in an office building or in a sports facility. It is characterized by solid walls that separate it from other rooms. The presence of a separate entrance and basic communications is not necessary, because it is often used to store products or equipment.

Auxiliary and main

Reference! An auxiliary object is considered to be an object used for operation or consumer services (lobby, pantry, staircase, corridor).

The main premises are those in which functional processes are carried out. This includes premises, auditoriums and classes in government institutions, offices, chambers. There are also public premises, namely cinemas, theaters, halls in museums, clubs, assembly and reading rooms, administrative offices, and shopping areas.

How is the division by purpose carried out?

The intended purpose refers to the activity for which a particular premises can be used. Based on this criterion, premises are classified into:

1. Production.
2. Trading.
3. Warehouse.
4. Catering facilities.
5. Utilities.
6. Medical.
7. Office.
8. Sports.
9. Educational.
10. Free appointment.

The functional purpose of the room is the presence of design features and technical characteristics that allow it to be used as an independent object. The classification could be like this:

• Basic.
• Technical.
• Communication.
• Auxiliary.
• Attendants.

In conclusion, it is worth noting that there are a lot of non-residential premises that can be used for different purposes. Their size is also very different.

Such objects can be purchased for running your own business or for industrial use. They can also be rented by concluding an agreement with the owner.

It is important to choose the right type of premises and make sure that it meets your needs and has everything necessary for non-residential use.

>All the most important things about the types of non-residential premises

Definition - what are these objects?

The main difference between a non-residential property and a residential one is that it does not provide for the permanent residence of people in it. It can be used for public, household, commercial or other purposes.

Otherwise, such buildings, just like residential ones, must have walls, floors and ceilings, have an entrance and be located on a plot of land or in part of a building (including residential).

A non-residential property must be isolated and immovable.

For example, in an apartment building there is an atelier, a store and a social service institution - all of them belong to the non-residential household category.

Administrative premises are usually located in separate buildings. Such objects include structures in which officials, municipal and private enterprises and organizations work.

Built-in, attached and free-standing types

Non-residential buildings can be either free-standing or attached, built-in or built-in. Each type is enshrined in the Code of Rules 31-107-2004 “Architectural and planning solutions for multi-apartment residential buildings.”

• Built-in facilities are located in a residential building. The built-in room can extend no more than one and a half meters outside the building.
• Attached objects are located outside the building, but have one or more common main walls with it.
• Built-in and attached objects are located in a residential building, but extend beyond its boundaries by more than one and a half meters.

Detached buildings can be located adjacent to residential or other non-residential buildings, the main thing is that they do not have common walls with other objects.

What refers to such buildings and their functional and purpose

Such buildings differ in purpose and functionality. In the first case, they focus on the activities that will be carried out in the building. For example, it could be:

• production;
• sports complex;
• stock;
• housing and communal services office;
• school;
• shop;
• restaurant;
• dental office;
• free purpose object.

The functional purpose depends on the design features of the building and its technical characteristics. According to this criterion, objects are:

• basic;
• technical;
• auxiliary;
• serving;
• communication.

List of groups by purpose

Non-residential premises are a part of a building in which people cannot permanently reside; they can be used for commercial and administrative purposes. On this basis there are office, warehouse, hotel, garage, retail and industrial facilities.

Commercial real estate has its own classification, which depends on the level of quality.

According to their purpose, such buildings are divided into those that are used to generate income (commercial) and those that create conditions for generating profit (industrial and industrial).

Non-residential buildings must comply with standards, including technical, sanitary and fire safety standards, depending on the purpose of the building. For example, a restaurant cannot be organized in a warehouse building, etc.

Types of objects by type of permitted use:

• Retail: buildings must certainly have permanent walls and communication systems (can be equipped not in the building itself, but nearby).
• Office: there must also be permanent walls that separate the facility from other buildings. An important condition is the availability of a bathroom and water supply.
• Universal: they can house a gym, a beauty salon or a small office.
• Warehouses: it is important that the building has solid walls. Communications in this case and a separate entrance are not a fundamental point.
• Separate: such objects must have a separate entrance, main walls and communications.

There are auxiliary and main non-residential facilities:

• The main ones are used for their intended purpose.
• Auxiliary - serve several main premises or the entire building.
  As a rule, these are objects in which the life support systems of the building are located. Depending on the purpose of the building, the technical characteristics of the auxiliary premises will vary. There are separate sets of rules for them. An unauthorized person cannot enter the auxiliary facility.

Can an object temporarily have this status?

The Housing Code of the Russian Federation allows you to change the status of housing facilities, albeit with some restrictions.

Why is this necessary? The family has two apartments, one of which they do not live in. My husband supplies power tools. Volumes have increased, the number of customers is growing, you can open a store. If the spouses have a second apartment on the ground floor, they can convert it into non-residential space and equip it for a store.

Conditions for transferring a change in the status of the premises (Article 23 of the Housing Code of the Russian Federation):

• Location: The apartment is located on the ground floor or above, but there are no living spaces underneath.
• The technical condition of the apartment does not allow living in it.
• The entrance to the building must be completely isolated from the general area of ​​the house or stairs.

Real estate is transferred from one category to another without specifying a specific period. Cases when it is impossible to change the status of an object (Articles 24, 27 of the Housing Code of the Russian Federation):

• One of the apartment owners objects.
• The majority of residents of an apartment building object - introduced in June 2020 (Federal Law of May 29, 2019 No. 116-FZ “On Amendments to the Housing Code of the Russian Federation”).
• The apartment is taken out on a mortgage.
• They live in the apartment permanently.
• If it is impossible to make a separate entrance to the room.

Before purchasing non-residential premises, you need to decide on its purpose; functionality, technical features and legal status will depend on this. And, it is advisable to carefully study the legislative framework for non-residential real estate.

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Classification by type of permitted use

Non-residential premises can be used for any activity. If we take into account all types of permitted use, then all premises are divided into the following types:

Office.

It is used to create an organization’s office, and can be located in shopping malls, shopping centers and business centers. It may also take place in a large office building. The office space has characteristic solid walls that separate it from other spaces. It is mandatory to have communications directly in the building (water, bathroom, drain). Trade area.

It can be used for trade, and placed in a shopping center or in a residential building. It does not always have solid walls, but the presence of basic communications not far from such an area is mandatory. They can be designed for a small number of trading platforms. Multi-purpose room.

It is suitable for different types of activities (office, medical services office, sports club, solarium, manicurist’s office, sugaring specialist’s workplace). The room is separate, it has a separate entrance and solid walls that separate it from other rooms. It must also have its own communications, and it can be located in a shopping center or residential building. Stock.

It may take place in an office building or in a sports facility. It is characterized by solid walls that separate it from other rooms. The presence of a separate entrance and basic communications is not necessary, because it is often used to store products or equipment.

Obtaining additional specialization

Not knowing how to legally change the purpose of a land plot, some citizens completely in vain abandon plans to expand their commercial or agricultural activities. According to the law of the land agricultural purpose, lands for recreational purposes, areas with other VRI, can receive additional specialization that does not contradict the territorial zoning and development interests of the area, that is, the purpose of the land plot will change.

When applying to your local authority for a change of use, it is important to know what to pay special attention to. If we are talking about farmland, you will most likely be denied the right to change the VRI, since a change in purpose will lead to a sharp decrease in the cadastral value. A similar norm applies in cases where highly productive areas with perennial plantings are concerned.

Industrial land is more liberal in this regard. The territory intended for the placement of production facilities can be repurposed for the construction of a car service center, shopping center or warehouse without any problems. The authorities are also willing to change the category of industrial areas if the developer plans to build residential buildings on the site of abandoned factory workshops, including associated social infrastructure. According to Article 2 of Federal Law No. 172, to change the type of permitted use, the owner of the plot should submit to the land department:

• an application addressed to the head of the municipality, explaining the need to change the VRI;
• cadastral extract of the plot;
• a copy of the applicant's passport;
• extract from the Unified State Register.

When considering the submitted application, local municipal authorities have the right to initiate an examination of the property in order to obtain accurate information about its cadastral value and a possible reduction in tax payments due to a change in the type of use.

Read also: Which piece of land is considered previously accounted for?

The owner must take into account that the cost of the examination falls entirely on his shoulders. If the correction of the site profile affects the interests of residents of neighboring houses, the head of the urban (rural) settlement is obliged to hold public hearings, as a result of which a simple majority of those present adopts a resolution on the possibility or impossibility of changing the type of permitted use of the territory.

If the submitted application is granted, the applicant will be issued a corresponding order from the head of the municipality, according to which changes will be made to the unified State Cadastre database in Rosreestr.

How is the division by purpose carried out?

The intended purpose refers to the activity for which a particular premises can be used. Based on this criterion, premises are classified into:

1. 
   Production.

2. Trading.
3. Warehouse.
4. Catering facilities.
5. Utilities.
6. Medical.
7. Office.
8. Sports.
9. Educational.
10. Free appointment.

The functional purpose of the room is the presence of design features and technical characteristics that allow it to be used as an independent object. The classification could be like this:

• Basic.
• Technical.
• Communication.
• Auxiliary.
• Attendants.

Industrial building

We should start with a definition. Industrial buildings are buildings that include enterprises and structures necessary to house production. Here, conditions must be created for the work of workers and the operation of equipment.

According to their purpose, industrial buildings are divided into the following categories:

• Production. The main technological processes are carried out here.
• Ancillary production. They are required to host the auxiliary process.
• Energy. Installations for supplying the enterprise with electricity, steam, gas and compressed air are located here.
• Warehouse. Buildings are necessary for storing raw materials and finished products, etc.
• Transport. Allows the placement and arrangement of machines at the disposal of an industrial organization.
• Sanitary. Designed for organizing water supply and sewerage, protecting the environment.
• Administrative.
• Household.

What are these buildings?

The current legislation of the Russian Federation does not provide a clear explanation of the terms “purpose of premises” and “functional purpose of premises”.

The provisions of the Unified State Register determine the types of permitted use of a particular object. Previously, the functional purpose of a non-residential building was necessarily indicated in the design documentation. But at present, the Law “On Participation in Shared Construction” dated December 30, 2004 No. 214-FZ no longer contains a mandatory requirement to include in the information about a construction project information about the functional purpose of non-residential buildings that do not belong to common property.

Existing types of intended use

So that after acquiring land you do not have to face the problem of how to change the intended purpose of a land plot, it is better to understand in advance what types of intended purposes of a land plot exist and what category your plot belongs to (Article 7 of the current Land Code).

Currently, the legislation provides for seven categories of land used in various spheres of life. This list includes lands:

• agricultural purposes (including plots allocated for summer cottage construction);
• settlements (public and business buildings, educational and healthcare institutions, recreational lands, residential development with apartment and individual buildings, as well as commercial land);
• land plots for industrial purposes (including areas of transport infrastructure and military facilities);
• specially protected areas (reserves, territories with objects located on them that are of cultural, historical, environmental and scientific value);
• related to water resources;
• forest fund;
• stock.

Each of the above categories includes certain permitted uses. The easiest way is to change the purpose of a land plot within one category. For example, a land plot for industrial purposes with classifier code 6.8 - communication facilities in the cadastral passport, at the request of the owner, can receive an additional code 6.9 - construction of a warehouse. This is true only if the justification for changing the code in the submitted application is satisfied by the local government authority. In this case, both the main code and the auxiliary code will be indicated in the documents. Considering that changing the permitted use is a fairly popular procedure, when allocating an allotment to legal entities, municipal authorities often provide several types. This allows the same area to have a primary, conditional and auxiliary permitted use.

Read also: Why do you need a land survey plan?

For example, a site allocated for the construction of a supermarket has a main type of “shops” (classifier code 4.4), as well as a conditionally permitted “public catering” (code 4.6), and an auxiliary “vehicle maintenance” (code 4.9).

This is done so that the owner of a retail establishment, having decided to open a cafe, does not apply once again for a change in appearance. Accordingly, organizing parking for customers at the store will require the inclusion of an auxiliary type in the cadastral passport.

What are there, list

Let us define built-in, attached, and detached non-residential buildings.

• The built-in non-residential premises are located within the dimensions of a residential building with a protrusion beyond its boundaries of no more than 1.5 m.

• 
  An attached part is a part of a building located outside the contour of its main external walls, which is auxiliary to the building and has one (or more) common main wall with it.

• Built-in and attached is a non-residential premises that is located within the dimensions of a residential building and in volumes extended beyond the dimensions of a residential building by more than 1.5 m.

In Russian legislation, the term “detached building” is not clearly defined by regulations. In legal practice, this term refers to an architectural object that is not united with another building by a common foundation and communications.

What relates to buildings, their functional and purpose

The intended purpose of non-residential premises is determined by the activity for which it is intended.

Below is a classification by intended purpose:

1. production;
2. sports;
3. warehouse;
4. municipal and household;
5. educational;
6. trading;
7. catering enterprises;
8. medical;
9. free appointment;
10. office

The functional purpose of a building means the presence of design features and technical characteristics that allow it to be used as an independent building.

Based on their functional purpose, buildings are divided into the following groups:

• basic;
• technical;
• communication;
• auxiliary;
• serving.

Intended use of real estate not intended for residential use

Information about the purpose of the premises is entered into the database at the time of cadastral registration (according to clause 16, chapter 2 of Law 221-FZ of July 24, 2007). Non-residential premises have their own purpose - the type of activity for which this object is intended. The purposes of using non-residential premises are distinguished as follows:

• office;
• trading;
• sports;
• municipal and household;
• educational;
• medical;
• production;
• catering establishments;
• warehouse;
• free appointment, etc.

What other objects are not provided for permanent residence?

Non-residential premises - an architectural object or part of it, which, according to its intended purpose, is not intended for permanent residence of people. The belonging of an object to a specific type determines the exercise of the right to a structure and affects its civil legal status.

Based on their use for commercial and administrative purposes, the following varieties are distinguished:

There is a classification of non-residential objects according to their purpose:

• used to generate income (commercial);
• used to create conditions for generating income (industrial as well as industrial).

Classification by type of permitted use

Non-residential premises are adapted for various types of activities. There are the following types of buildings according to types of permitted use:

1. Retail space used for trading activities. This category of buildings does not always have permanent walls, and may also consist of a small number of retail areas. It is mandatory to have basic communications systems nearby such an area.
2. Office , used to furnish an organization's office. The main features of offices are the presence of capital walls separating it from other buildings. A prerequisite for an office is the presence of communication systems directly in the office (water supply, bathroom).
3. Universal , designed for various types of business activities (office, medical office, gym, beauty salon).
4. Stock. It is characterized by the presence of solid walls separating it from other premises. The presence of a separate entrance and basic communications is not important.
5. Separate premises. This category of buildings has a separate entrance and main walls that separate it from other architectural objects. Communications are a must.

Division into auxiliary and main

Non-residential premises can, depending on the possibility of independent use, be divided into main and auxiliary:

• The main premises are provided for the implementation of the main goals and objectives of the building, in which functional processes take place.
• An auxiliary premises, according to its functional purpose, serves one, several premises or the entire building and cannot be independently used by persons who are not the owners of the building or premises in this building. This category refers to objects that are inextricably linked with the life support systems of the building.

The purpose of auxiliary areas is to serve the main spaces.

In the Civil Code of the Russian Federation, the main and auxiliary objects of non-residential stock are considered in 2 options:

1. in the form of a single complex thing (Article 134 of the Civil Code of the Russian Federation);
2. in the form of the main thing and accessory (Article 135 of the Civil Code of the Russian Federation).

Classification of industrial buildings

Classification of industrial buildings by purpose

Industrial buildings and structures are divided into the following main groups according to their intended purpose:

— production, in which the main technological processes of the enterprise are located (open-hearth, rolling, assembly, weaving, confectionery shops, etc.);

- auxiliary production, repair, tool, container shops, etc., intended to accommodate auxiliary production processes);

— power plants, which house installations that supply the enterprise with electricity, compressed air, steam and gas (CHP, compressor, gas generator and blower stations, etc.);

— transport, intended for the placement and maintenance of vehicles at the disposal of the enterprise (garages, electric locomotive depots, etc.);

— warehouses necessary for storing raw materials, blanks, semi-finished products, finished products, fuels and lubricants, etc.;

— sanitary and technical equipment , intended for servicing water supply and sewerage networks, to protect the environment from pollution (pumping and treatment stations, water towers, spray pools, etc.);

- auxiliary and general plant (administrative buildings, plant management, vocational schools, fire stations, etc.).

Special structures of industrial enterprises include tanks, gas tanks, cooling towers, silos, chimneys, overpasses, supports, masts, etc.

The listed groups of buildings and structures are not necessarily built at every industrial enterprise; their composition depends on the purpose and capacity of the enterprises.

Classification of industrial buildings by capital content

Industrial buildings are divided into four classes based on their capital size . Class I includes buildings that have the highest requirements, and Class IV includes buildings with the minimum required strength and durability.

For each class, the required performance qualities are established, as well as the durability and fire resistance of the main building structures.

The performance qualities necessary for normal working conditions and the technological process throughout their entire service life are ensured by the required dimensions of spans and column steps, installation of appropriate technological equipment, ease of installation, quality of finish, convenience for workers and for the flow of the technological process.

To ensure the required durability and fire resistance of the main structural elements of buildings, appropriate building materials and products are used and they are protected in structures from destruction under the influence of operational factors.

Durability of a structure is its service life without loss of required qualities under a given operating mode and in given climatic conditions.

Three degrees of durability of enclosing structures have been established:

— I degree — service life of at least 100 years,

– II degree – at least 50 years and

— III degree — at least 20 years.

Depending on the class of the building, the durability of enclosing structures is assumed to be:

for class I buildings - not lower than class I, for class II buildings - not lower than class II, for class III buildings - not lower than class III, for class IV buildings, durability is not standardized.

Based on fire resistance, buildings and structures are divided into five levels . The degree of fire resistance is characterized by the flammability group and fire resistance limit of the main building structures.

For class I buildings, the degree of fire resistance must be no lower than II, for class II buildings - no lower than III, and for class III and IV buildings it is not standardized.

The capital class of the designed building is taken depending on the following factors:

— national economic significance;

- the size and capacity of the enterprise that includes this building;

— uniqueness of the technological equipment installed in the building;

— factor of moral depreciation of the building; urban planning significance of the designed object.

The complex of an industrial enterprise may include buildings with different capital classes.

The increased capital class includes buildings whose structures have a sufficient margin of safety and are made of high-quality materials.

The premises in such buildings have all types of amenities and high quality finishes.

Buildings made of short-lived materials and structures, with insufficient landscaping and simplified finishing, have lower capital classes.

Classification of industrial buildings according to architectural and structural characteristics

One-story buildings, as a rule, house production facilities of the metallurgical and mechanical engineering industries (steel foundries, rolling mills, forges, thermal treatment shops, mechanical assembly shops, etc.), characterized by heavy and bulky technological equipment, large-sized products and large dynamic loads.

Based on the number of spans, one-story buildings can be single- or multi-span .

A span is understood as a production volume, limited along the perimeter by a number of columns and covered according to a single-span design.

The distance between the longitudinal rows of columns is called the span width.

Depending on the width of the spans, buildings are considered to be short-span if the span width does not exceed 12 m, large-span - with a span width of more than 12 m and long-span - with a span width of 36, 48, 60 m or more.

It is advisable to locate aircraft production facilities, hangars, and garages in long-span buildings.

In recent years, mainly multi-span buildings with large spans have been built, in which large production areas are little constrained by intermediate supports.

Depending on the configuration of the plans, one-story buildings are divided into: buildings of continuous and pavilion construction.

The former have significant dimensions in plan (without internal courtyards) and are multi-span; the latter are characterized by a relatively small width and a limited number of spans.

Based on the location of internal supports, one-story industrial buildings are divided into: cellular, span and hall.

In cellular-type buildings, a square grid of supports with relatively small longitudinal and transverse spacing predominates.

It is advisable to use such a grid of supports for buildings with suspended or floor-mounted transport when it is necessary to place technological lines (and transport loads) in two mutually perpendicular directions.

Main types of one-story industrial buildings:

a - single-span without lights; b - the same, with an overhead crane; c - two-span without lanterns; d - three-span with an increased average span; d - three-span with a lantern; f, g - multi-span with lanterns; and - general view of the building

In span-type buildings, the most common in construction practice, the width of the spans prevails over the spacing of the supports.

Hall-type buildings are typical for industries that require a large area without internal intermediate supports.

In such buildings, the distance between supports can reach 100 m or more (long-span buildings).

Examples of long-span one-story buildings:

a - span 60 m; b - span 96 m; c - span 78 m; 1 - reinforced concrete truss; 2 - reinforced concrete slabs; 3 - shell vaults; 4 - tightening; 5 - crane tracks; 6 - glazing; 7 - flat reinforced concrete slabs; 8 — steel cables

Based on the presence of lifting and transport equipment, industrial buildings are divided into:

— craneless, equipped with overhead cranes, equipped with overhead cranes.

Intrashop lifting and transport equipment is used to move raw materials, semi-finished products and finished products inside buildings.

Based on the material of the main frame structures, they are distinguished: buildings with a reinforced concrete frame, with a metal frame, with a mixed frame.

Can a building be temporarily uninhabitable and for how long?

According to the norms of the Housing Code of the Russian Federation, residential premises can be transferred to the category of non-residential only if a special procedure provided for by current legislation is observed. The translation procedure is regulated by Art. 22,23,24 Housing Code of the Russian Federation.

Transfer to the category of non-residential premises in a multi-storey building can be made if this apartment is located on the 1st floor of the building. The option of transferring housing to the category of non-residential premises above the 1st floor is also not excluded. But this can be done if the premises under the apartment do not fall under the residential category.

The transfer of residential premises to non-residential premises is also possible when its technical condition does not allow living in it. It is legally impossible to use real estate as non-residential without changing its status and changing its purpose. Premises are transferred from one category to another without specifying a specific period.

It is impossible to transfer residential premises to the non-residential category:

• in case of objections from one of the owners of this object;
• the transferred property is the subject of a mortgage agreement or is encumbered by the rights of third parties;
• the object is used by someone as a place of permanent residence;
• if it is inaccessible without the operation of other objects that provide access to residential premises or there is simply no technical possibility to make access here.

We described in detail here where you need to go to transfer residential real estate to non-residential property and vice versa, what documents need to be prepared and in what cases the re-registration of premises may be refused.

Currently, in domestic legal practice, non-residential premises are often the subject of legal relations. Despite the presence of some legal gaps in the legislation in the field of use of non-residential buildings, strict compliance with the norms of the Civil and Housing Codes of the Russian Federation, as well as other regulations governing legal relations in the field of use of real estate, is necessary.

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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.

In the article we will talk not only about the types of non-residential premises and their purposes, but also about how to change the purpose for which the area is intended.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

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 types of room assignments

How to change the types of purpose of non-residential premises? The question of changing the type of purpose should be of interest not only to the owner of the dacha or the owner of the farm. plot, since the types of use are established by law not only for land, but also for premises. In this case, the type of permitted use at the facility is determined solely on the basis of the fire and explosion safety of the building. According to Article 27 of Federal Law No. 123 “Technical Regulations on Fire Safety Requirements”, there are five categories of fire hazard for premises:

• reduced;
• moderate;
• regular;
• explosion and fire hazard;
• increased explosion and fire hazard.

At first, it may seem that the fire hazard for a building, room or part of the house is determined based on the material of the walls from which it is constructed. However, it is not. When determining the degree of danger of a fire occurring and spreading at a facility, the layout of the entire house or part of it is taken into account; the presence of explosive substances in the room and the danger of technological processes carried out in the building are also taken into account.

Another term that, due to the similarity of names, can cause difficulties in deciphering is “types of purpose of non-residential premises.” Unlike the type of use, the types of purposes are not related to fire safety, but are determined based on the purpose of use of the house.

The list of types of appointments for non-residential premises is familiar to everyone. It includes:

• public premises (shops, entertainment centers, institutions, cafes, etc.);
• commercial establishments;
• industrial buildings;
• warehouses;
• office buildings;
• theatrical and entertainment facilities;
• sports objects;
• educational complexes;
• medical institutions.

As a rule, it is not necessary to issue an order to assign a particular type of functional use to a facility.
The building's use profile is determined at the initial design stage. At the same time, taking into account economic feasibility, the owner may need to change the type of purpose both for the entire building and for a certain part of it. For example, a former office center can be redeveloped for housing, and a cafe can be installed in the foyer of a supermarket. Read also: Conclusion of a lease agreement for agricultural land

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.

Classification of buildings makes it possible to systematize their space-planning solutions according to a set of various features and parameters, which provides the opportunity to choose the most economically rational design solutions.

In accordance with the requirements of current regulatory documents, modern buildings are classified as follows:

Classification of buildings by purpose:

Classification of buildings by capital:

In this classification category, buildings are divided into groups depending on their minimum service life (lifetime of trouble-free operation):

Classification of buildings by number of floors:

Classification of buildings according to the material of the enclosing walls:

Classification of buildings according to construction technology:

Classification of buildings according to structural scheme:

Classification of buildings by fire hazard:

In accordance with the requirements for space-planning solutions and methods of evacuating people in the event of a fire, buildings are divided into five classes of buildings according to functional fire hazard:

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).