Non-residential premises in an apartment building legislation

The redevelopment rules apply to any premises, including non-residential properties located on the territory of apartment buildings. However, not everyone knows the legal requirements and how to carry out repairs correctly.

In practice, the procedure for redevelopment of non-residential premises can turn out to be even more complex compared to renovations in a standard apartment, and this largely concerns the coordination and compliance with other bureaucratic requirements.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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In this regard, everyone who wants to carry out repairs should first find out what the redevelopment of non-residential premises in an apartment building is and how it should be carried out.

The importance of alignment

Approval for redevelopment of non-residential premises is issued by the relevant organization that is a member of the SRO and has the appropriate permission. This permit is a document that allows you to further engage in the design of various objects and submit questions to the competent authorities in order to coordinate certain actions, as well as formalize work already carried out.

If the owner does not have a document in his hands that gives him the full opportunity to carry out repair work, but has already begun redevelopment, all changes made will be considered illegal and, accordingly, in the future this will result in the imposition of administrative liability.

In accordance with current legislation, approval for redevelopment must be carried out during the development of the project, and the laws also indicate what exactly the owner of the premises must do, including the owners of those objects that are used for various commercial purposes.

Since the actions that are performed in the process of redevelopment of non-residential or residential properties are almost identical to each other, in each specific case the appropriate rules and regulations that are provided for during the redevelopment must be used.

If this procedure has already been carried out without prior approval, but later you want or need to legalize it, you will need to go directly to the court to resolve this issue.

In particular, it will be necessary to prove that all adjustments made to the design of the house are not dangerous to people, and that no fire or sanitary safety requirements were violated, which must be confirmed by relevant documents from the Ministry of Emergency Situations and the SES.

It is worth noting the fact that in the event of illegal redevelopment, the owner of the property is deprived of the right to sell or any other forms of re-registration of this property to other persons

LLC - Management company - BRIZ

The main part of expenses for general house needs, about 50%, of course, is lighting of entrances and local areas. In second place in terms of energy consumption is IHP equipment, especially pumps that circulate hot water and coolant in the heating system around the clock. In addition, electricity is used when operating elevators, when carrying out repair work on common property that requires connecting electricity, etc. The standard also includes technological losses of utility resources (technically inevitable and justified losses of cold and hot water, electrical energy in intra-building utilities and equipment of an apartment building). Taken together, all these costs add up to what at first glance seems to be an inflated value of the one-time electricity charge.

In addition, even if the apartment is empty for several months and its consumption is zero, the owner of this housing will be obliged to pay monthly for electricity spent on general house needs in proportion to the total area of ​​the apartment. According to paragraph 88 of Resolution No. 354, the amount of payment for utilities for general house needs is not subject to recalculation even due to the temporary absence of the consumer in the residential premises.

01 Aug 2020 glavurist 834

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Stages of redevelopment of non-residential premises in an apartment building

Any redevelopment procedure requires visiting several authorities, as well as performing a number of works, including project development and many others. If you wish, you can entrust all of this work to third parties, from the tenant to professional specialists who provide their clients with such services, but the obligatory stage will be the approval of this procedure, on which the very possibility of its implementation will depend.

In particular, the following list of work will need to be carried out:

• Fill out an application on behalf of the owner of the object, in which you need to indicate on what basis the specified object is being registered and for what purposes this procedure is being carried out. For example, if you plan to expand the living room space, it may be necessary to equip another office or make a separate bathroom for staff.
• With the received passport, the owner will have to contact the authorized body in order to change the previous certificate of ownership, but this action is relevant only if the premises themselves change.
• Additionally, you will need to obtain a separate permit from specialized municipal authorities if the specified object has architectural or historical value for the city. It is worth noting that redevelopment of such buildings is allowed extremely reluctantly, especially if the building is the direct property of the state. Civil servants are given approximately a month to review all these documents, after which a final decision must be made. If municipal employees have no objections to the redevelopment, you can begin to carry out the repair work itself.
• In case of redevelopment of a bathroom or bathroom, you will need to additionally obtain permission from the SES.
• Once all approvals have been completed, the repair work itself will begin. The owner is given no more than four months to implement the project.

A sample redevelopment of an apartment for approval can help you avoid controversial and problematic issues by immediately choosing a redevelopment option that meets all the requirements.

You can find out what illegal redevelopment poses to a home owner here.

If such a need arises, some documents should be replaced during the redevelopment process.

Documentation

To carry out the approval, you will need to provide government officials with some papers, namely:

• an application drawn up by the owner or the tenant, depending on who will be applying;
• copies of documents confirming ownership rights, which must be confirmed by a notary (it is also recommended to have the originals with you);
• copies of constituent documentation, which must be certified by a notary for a legal entity;
• consent of the owner of the premises, confirmed by relevant documents (as well as written consent of the residents, if the premises are located on the territory of a residential building);
• documents for the house, which are issued by the BTI (it is best to clarify in advance which documents you need to receive, because their list may vary depending on the region);
• design documentation, which must clearly indicate the places where the redevelopment will be carried out;
• documents permitting a change in the type of activity if the premises changes its original purpose;
• an insurance contract, which is required in order to compensate for possible expenses caused to the life and health of people.

Sample house plan from BTI

Creation and approval

Creation of design documentation is one of the most difficult stages of redevelopment. In particular, it is important to take into account all the rules and regulations of the SES that are in force today. The fewer changes are carried out inside a given premises, the easier it will be to obtain the appropriate permit for them.

The drafting of the project is mainly carried out by professional construction companies, but in addition, you can also order this work from the architectural department of the city. This service is also provided in some BTI, but before contacting this institution, you need to correctly understand what changes will be made during the redevelopment process and for what purpose this procedure will be carried out.

The drafting itself is a rather expensive service, the cost of which ranges from 5,000 to 30,000 rubles , so it is best to immediately agree on the changes being made and think through even the smallest details

Price

To legalize an already completed redevelopment in court, you will have to pay from 30,000 to 100,000 rubles , and the procedure in this case is absolutely similar to how premature planning approval is carried out. It is worth noting that the permit will be issued only after the appropriate verification of documents and all necessary information, so you should not expect that approval will be quickly carried out only upon payment of the appropriate amount.

Legal formalities

The redevelopment procedure today is fully regulated by Article No. 25 of the Housing Code, and the redevelopment of non-residential property should be carried out in a similar manner.

In accordance with the law, the term “redevelopment” itself provides for a change in the configuration of premises, the total area and arrangement of rooms. The main goal of such repairs is to improve the quality of the premises for the purpose of its further operation and commercial activities.

It is necessary to obtain consent for redevelopment only if the following work will be carried out during the repair process:

• arrangement of walls or partitions, which with their mass create additional load on the building structure;
• relocation of sanitary areas;
• moving, dismantling or installing auxiliary elements such as balconies, windows, stairs and others;
• expansion or reduction of window openings;
• installation of equipment that requires connecting communication networks;
• making adjustments to the design of the base floor if this involves additional loads on the building structure;
• arrangement or demolition of staircases;
• connection of new communications.

All this work must be coordinated, as it falls into the category of redevelopment.

At the same time, there is a list of procedures that do not require registration with authorized bodies, and these are:

• cosmetic finishing that does not affect the load-bearing elements in any way;
• changing communication equipment to devices with similar dimensions and purposes;
• dismantling built-in furniture or any interior items, information about which is not included in the documents for the premises.

Legality of the procedure

The legislative framework providing for the rules for redevelopment is quite extensive and includes several main sections of the Housing Code:

Judicial practice and possible options

The vast majority of lawsuits regarding redevelopment are based on challenging refusals to re-register residential premises as non-residential. Most often, such a transfer is rejected for the reason that the owners of the housing located in this house simply do not agree to carry out such a procedure, but in any case, it can only be carried out if the housing is located on the ground floor or there are no residential premises below it premises.

Judicial practice shows that the current legislation weakly regulates when it is necessary to obtain consent for redevelopment and when there is no such need. That is why all sorts of disputes and contradictions arise between owners who decide whether this premises can be transferred to non-residential use.

In total, there are several cases when a refusal on this issue can be issued:

• no documents were provided;
• the documents were submitted to a body that does not have the authority to review them;
• the applicant did not fulfill the conditions for transfer provided for by current legislation;
• the implementation of the project does not comply with legal requirements.

Advantages of cooperation with us

Trading halls, small shops, offices, restaurants and hairdressing salons are visited by a large number of people, and the business reputation of their owners and the success of the business largely depend on how memorable and aesthetic their interior is. Our highly qualified specialists, who use modern finishing materials and installation technologies, will help you quickly get the desired result.

Carrying out renovations of non-residential premises in Moscow for many years, we fulfill the wishes of our clients as accurately as possible, meet deadlines, do not go beyond the agreed cost, and use only environmentally friendly building materials, which we purchase directly from trusted suppliers. We are ready to offer our clients flexible terms of cooperation and a convenient payment scheme.

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