Apartments concept change in the Housing Code of the Russian Federation

Modern new buildings must have non-residential premises that are not intended for living. They are mainly located on the first and ground floors of residential buildings. There are usually shops, beauty salons, bank branches, pharmacies and medical centers there. Less commonly, they house offices and representative offices, consumer services and other organizations and enterprises.

Such commercial space in new buildings can be owned by the residents of the building or belong to any other individuals or legal entities. Statistics say that about 80% of all non-residential premises in high-rise buildings belong directly to the residents of these buildings. This is due to the fact that only they understand most clearly what the demand for a certain type of business is in this particular area.

For example, in the capital’s Golden Mile area there is a new building, each resident of which owns some kind of non-residential premises with an average area of 70 sq.m. It is worth noting that the majority of people living there are businessmen, lawyers, representatives of show business and former officials. For organizing a business, non-residential premises in new buildings are considered ideal, which are located on the 1st floor, have a separate entrance, and electrical power at the rate of 0.2 kW per 1 sq. m. m. and ceiling height 3-3.2 meters.

How to convert non-residential premises into residential ones?

Attention

Similar operations can be carried out with apartments in apartment buildings, private houses, cottages and rooms in dormitories. True, each individual case has its own characteristics and subtleties.

Important

General rules According to the Housing Code, isolated premises that are suitable for year-round living are considered residential. There are established sanitary standards (they are described in detail in SanPiN 2.1.2.2645-10), which these premises must fully comply with.

According to Article 22 of the Housing Code, incomplete compliance with the requirements is also allowed, but on the condition that the premises can be “brought to mind” and re-arranged at any time. Both entire private houses or apartments, as well as their parts, as well as rooms, are considered residential.

Category “Non-residential premises”

Often, non-residential premises are located on the ground floors, attics and basements of apartment buildings. In these cases, residents of houses are faced with the fact that access to engineering equipment and general building communications is closed by the owners of non-residential premises. It can also be difficult to improve the local area of an apartment building.

The premises are used for retail and wholesale trade. They can be located in shopping centers, administrative or residential buildings. For retail premises, solid walls and the presence of individual communications (water, sewerage and bathrooms) are not required. If there are several retail outlets in a building, the communications of the building are considered common to all.

26 Jan 2020 etolaw 337

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Is it possible to convert non-residential premises into residential ones?

In case of refusal to accept this package or a requirement to submit documents not reflected in the list, any citizen can apply to the courts with a corresponding application. The procedure for transferring premises to housing stock. The entire translation consists of several stages:

Expertise to assess the possibility of changing the status of the premises.
Development of pre-project and project documentation for translation.
Coordination of the project with the relevant authorities.
Getting permission.
Changing data in the PIB database.
Obtaining a certificate of change in the status of the object.

An application to change the classification of a premises as a non-residential property is considered within 45 calendar days. The person submitting such an application is provided with an official response as to whether or not it is possible to transfer the premises to the residential category.

Conversion of non-residential premises into residential premises. procedure and documents.

Since you will need to coordinate the possibility of translation with various services, it is advisable to familiarize yourself with the requirements for the premises in advance and bring the facility into proper condition before calling specialists. This will eliminate the need for repeated checks and save time. When carrying out redevelopment, you must follow the project exactly. The slightest deviation will not allow you to receive a commissioning certificate until the discrepancies are eliminated.

What is the cost of services (price) Directly transferring residential premises to non-residential premises and vice versa and issuing the corresponding document on the change of status is free of charge. Redevelopment of the premises will require expenses, in particular the development of a project and carrying out repair work.

According to Article 25 of the Housing Code of the Russian Federation, any redevelopment must be reflected in the technical passport of the premises. The change must first be agreed upon with the commission of the authorized body.

Step-by-step instructions for converting non-residential premises into residential premises

According to Russian legislation, there are three types of plots intended specifically or primarily for vegetable gardening:

garden plots of land (it is prohibited to build permanent buildings in such places, and non-permanent buildings are not subject to technical parameters for recognition as residential);
dacha land plots (suitable for the construction of a residential building);
garden land plots (suitable for the construction of permanent residential buildings, but not residential premises).

Houses or premises built on plots of the first and third types cannot be registered as residential, since their permitted use does not involve the construction of residential buildings. Residential buildings or premises differ from residential buildings in that the former are registered as residential, while the latter may be suitable for living, but not for registration.

How to convert residential premises into non-residential premises

They will naturally charge a fee for their services (and not a small one), but the applicant will be spared the need to spend time in design organizations, on approvals and collecting various documents. The minimum cost of legal support for the transfer of non-residential premises to residential is 300,000 - 350,000 rubles.

Ground floor or attached room?

The sale of non-residential premises in new buildings includes the sale of objects occupying the ground floors, first floors or attached buildings. When choosing an option, it is very important to consider for what purpose the area will be used. Not every business can be located in a residential building.

For example, catering organizations can only occupy premises in residential buildings of no more than 700 sq.m., in which the number of seats does not exceed 50. They must have separate entrances and emergency exits, and the reception of products and raw materials can only be carried out from the end of the building. In addition, basements and semi-basements are not suitable for such enterprises.

According to the legislation of the Russian Federation, organizations located on the first floors of houses must not in any way disturb the peace of the residents of these houses.

Is it possible to make living space in a non-residential building?

Info

The authorized official, in the order of interdepartmental information interaction, independently receives the following documents and information necessary for translation: information about the title documents for the premises (if the right to it is registered in the Unified State Register of Real Estate), a floor plan with explication, an extract from the technical passport, a certificate from the technical registration authority about the condition building/premises, floor plan of the house in which the transferred premises are located, an extract from the Unified State Register of Real Estate, a birth certificate (except for certificates of orphans, as well as cases where the certificate or corresponding document was received not in Moscow), the conclusion of the Committee on architecture and urban planning of the city of Moscow.

You have the right to submit these documents on your own initiative (clauses 2.5.1.2 - 2.5.2 of the Administrative Regulations). Step 3. The applicant is given an extract from the decision of the general meeting, which is held according to a planned schedule or through an extraordinary convocation. But even after receiving a positive decision, it is advisable to coordinate the process personally with each owner. The transfer of residential premises to non-residential premises is not allowed if the sole opponent of the transfer files a complaint with Rosreestr. As for the land plot in front of the entrance to non-residential premises, permission for use must be obtained from the owner of the territory.

These may be the owners of the apartment building or the municipality. Judicial practice Refusal to transfer residential premises to non-residential premises or vice versa can be appealed in court.

Sometimes the decision changes in favor of the plaintiff.

What requirements does the law impose on non-residential premises?

If residential apartments, with rare exceptions, are permitted by law to be used only for residential purposes, then non-residential premises can be used for various purposes, but, nevertheless, within the limits established by law.

Restrictions on the use of non-residential premises

The main restrictions apply to commercial premises that are located in residential buildings or in close proximity to them. In such non-residential premises, activities that cause harm to apartment residents are prohibited. This means that it is prohibited to locate production in non-residential premises if its operation violates sanitary standards for the level of environmental and air pollution or exceeds the permissible noise level.

When purchasing non-residential premises, try to find out from the residents of the house how they feel about the presence of non-residential premises in their house and its use for commercial purposes. If a homeowners' association has been created in the building, contact the chairman of the board with this question - he, as a rule, is aware of the mood of the residents, because all complaints about the work of commercial organizations in the building flock to him.

But the harm caused to residents must be objective and caused to the rights of residents, which are clearly established by law. We all know that there are people, most often elderly, who are constantly dissatisfied with something. But this does not mean that every demand must be fulfilled. If someone does not like the fact that there is a store on the ground floor of the house, since drunk people often gather near it, this does not mean at all that the store should be closed. The rights of residents are violated not by the store, but by drunk people who commit administrative offenses. Claims must be made against them.

The need for a separate entrance

Regarding non-residential premises located in residential buildings, we must also remember the need to equip a separate entrance. The Housing Code, which came into force in 2005, prohibits the use of the same entrance or the same premises, including staircases, that are used to access apartments to enter non-residential premises. Premises that were transferred to non-residential use before the entry into force of the Housing Code and do not have a separate entrance can continue to be used. But for new non-residential premises, a separate entrance is mandatory.

A separate entrance is equipped, even if the non-residential premises are located on the second floor or above. To do this, external stairs are usually attached to the house, which run along the end wall or the wall facing the courtyard. Here it is important to mention one more requirement - non-residential premises cannot be located above residential ones.

Fire safety requirements

The most difficult to comply with are fire safety standards. The point is not that there are a great many of them, some of them are simply physically impossible to complete. This applies, for example, to the requirements for organizing a fire exit, which sometimes simply has nowhere to be equipped. It’s good if the room has large windows, then they can be used for evacuation. But if the room is in the basement and the windows are very small or there are none at all, then the task of creating a fire exit becomes simply impossible.

Many entrepreneurs neglect fire safety requirements, but they take great risks. Perhaps every owner of the premises in which there was a fire was sure that this would never happen to him. But, unfortunately, fires happen quite often. It is extremely rare for a fire to cause damage only to the room in which it started. Usually all neighboring rooms also suffer, at least from water flooding. And the owner of the premises in which the fire started will have to answer for this damage if he does not prove that he complied with all fire safety measures.

In legal practice, there was a case when they tried to hold our client accountable for a fire that burned down an entire shopping center. And the main threat was not even administrative liability - fortunately, no one was hurt, and liability came only in the form of a fine. But the property of all tenants of the retail space was damaged, and the damage amounted to hundreds of millions of rubles. Our lawyers then managed to prove that the client was not to blame for the fire, but it was extremely difficult, provided that the fire inspectorate, the court, and all the victims, including quite large companies, were, as they say, vitally interested in finding the culprit.

Sanitary rules for non-residential premises

In rooms that are used for permanent work of people, for example, for offices, according to sanitary requirements, the required level of natural light must be maintained. In offices, dry and wet cleaning should be carried out regularly, and the premises should be well ventilated.

If cafes or canteens are organized in non-residential premises, remember that their work is coordinated with Rospotrebnadzor. To do this, you will have to fulfill a fairly large number of requirements, including dividing the food preparation room into a hot and cold workshop, a washing room and food storage rooms, and consider the routes for the movement of finished and raw products, dirty and clean dishes, which should not intersect. A dishwashing area is equipped in a separate room, or a dishwasher specially designed for use in catering establishments is installed in the cafe. The room must be equipped with a separate toilet and shower for staff, as well as a locker room for changing into overalls. There are other requirements that can be clarified with Rospotrebnadzor or with lawyers who specialize in supporting the activities of commercial organizations.

As you can see, there are quite a lot of requirements for non-residential premises. Therefore, before purchasing a property, you need to make sure that it is suitable for use for specific purposes. Be sure to carefully read all related documentation to avoid possible adverse consequences that may arise after purchasing or during the rental process. But it is better, of course, to turn to professional lawyers specializing in real estate issues for legal support of the transaction.

Read about legal services for support of real estate transactions provided by legal entities in the relevant sections of our website.

For more information call us or online.

Sergey Rudenko

All rights to this publication belong to Krasnikov and Partners LLC

When reprinting, please refer to the website www.krupps.ru

10.12.2012