How to convert a non-residential building into a residential building. The procedure for converting non-residential premises into residential premises. What about the land plot?

It is necessary to convert residential premises into non-residential ones, for example, if the owner decided to turn the apartment on the ground floor into a store, office, etc. non-residential premises.

When converting premises to non-residential use, it is necessary to take into account the requirements of the Housing Code and legislation on urban planning.

Firstly, transferring an apartment in an apartment building to non-residential premises is allowed only if the apartment is located on the ground floor of the building, or above the first floor, but the premises located directly below the apartment being transferred to non-residential premises are not residential.

Secondly, the transfer of residential premises to non-residential premises not allowed, If:

• there is no separate entrance to the premises being transferred or there is no technical ability to equip such an entrance;
• the premises being transferred are part of a residential premises or are used as a place of permanent residence;
• the ownership of the transferred premises is encumbered by the rights of any persons;
• the premises being transferred are located in a rented house for social use;
• The premises are planned to be used for religious activities.

2. What other conditions must be met to make the premises non-residential?

To convert a premises into a non-residential one, you will need a separate entrance to this premises from the residential part of the house. To make a separate entrance, you will have to touch the part. For example:

• enclosing load-bearing and not load-bearing structures;
• foundations;
• floor slabs;
• balcony and other slabs;
• load-bearing columns.

">the common property of the owners of the premises in the house. Therefore, you first need to hold a general meeting of the owners and obtain their consent to arrange a separate entrance to the premises.

If the common property is not affected in the process of converting the premises into non-residential (for example, there is already a separate entrance), the consent of the owners of the premises is not required.

3. What documents need to be completed at the meeting?

• a decision documented in minutes at the general meeting of owners of premises in an apartment building on the issue of transferring for use and/or annexing part of the common property to the transferred premises when planning the work;
• notifications (messages) about the meeting;
• documents confirming delivery of a notice to each owner or sending a notice to each owner by registered mail, unless the decision of the general meeting of owners of premises in an apartment building does not provide for another method of sending a notice in writing or the premises available to all owners of premises in a given building intended for placement have not been determined notices of the general meeting. In this case, a protocol (copy + original for presentation) of the general meeting of premises owners is provided, containing decisions on these issues;
• registration sheet for meeting participants;
• decisions of owners on issues put to vote, formalized in accordance with the Housing Code of the Russian Federation;
• lists of owners as of the voting date indicating the full name of the owner or his name, the number of the premises owned by him, the share in the right to common property;
• notarized powers of attorney, if in voting on general meeting representatives of the owners took part;
• if the meeting was held in the form of absentee voting, additional documents on the meeting held through joint presence shall be submitted.

4. The owners' consent has been obtained. What's next?

Creating a separate entrance to the premises being transferred is classified as redevelopment and (or) reconstruction. Take care to coordinate this reorganization in advance: firstly, it will save you time, and secondly, during the approval you will need to prepare reconstruction project, which will also be needed to convert the premises into non-residential ones.

5. What other documents will be needed?

• application for the provision of public services;
• identification document;
• an identity document and a document confirming the authority of the representative - if the documents will not be submitted by the owner of the premises;
• title documents for the premises being transferred (original or notarized copies), if the rights to it were registered before January 31, 1998;
• a project for the reconstruction and (or) redevelopment of the premises being transferred, prepared and executed in the prescribed manner, if the reconstruction/redevelopment is required to ensure the use of such premises;
• The documents listed below are received by the authorized official using interdepartmental interaction, including through access to information in the Basic Register. You can submit these documents on your own initiative:
  • an extract from the Unified State Register of Real Estate in relation to the premises being transferred;
  • single housing document;
  • extract from the Unified State Register of Individual Entrepreneurs (if an individual entrepreneur applies);
  • technical passport of the premises (for non-residential premises - floor plan with explication, extract from the technical passport for the building/structure in form 1a, certificate from the technical accounting authority on the condition of the building/premises in form 5) (if available of this document in the Base Register);
  • floor plan of the house in which the premises being transferred are located (if this document is available in the Basic Register);
  • cadastral passport of the land plot;
  • birth certificate (except for certificates of orphans and cases where a document confirming the birth and registration of a child was not received in Moscow);
  • conclusion of the Committee on Architecture and Urban Planning of the city of Moscow on the location of the premises being transferred from non-residential to residential in a building located in a residential area in accordance with the functional zoning of the territory.
  ">other documents.

If the owner of the premises being transferred is a minor, you will also need:

• decision of the authorized body in the field of guardianship, trusteeship and patronage, confirming the powers of the legal representative;
• for orphans - a birth certificate or a document confirming the fact of birth and registration of the child (if the child was born on the territory of a foreign state).

In Russia, there is increasingly a need to assign a new residential status to one’s real estate. These are mainly retail, warehouse or country premises. This process possible, subject to the following requirements:

• The owner's right must be held by only one person, without encumbering the rights with third parties (for example, a valid mortgage agreement, lease, etc.).
• The premises must meet the standards for residential premises.

If for any reason the real estate has inconsistencies, they must be eliminated and only then proceed with the preparation of documents. In this article we will look at 5 main stages on the way to your cherished goal.

How to convert non-residential premises into residential premises - project

According to the requirements set out in the Housing Code of the Russian Federation, a residential property must:

• To have window and door openings is to be insulated.
• Suitable for permanent residence - have solid walls, a strong foundation (for dachas), electricity, heating, water supply and sewerage.
• Comply with hygiene, fire and technical standards.

If redevelopment or major reconstruction is required to comply with these requirements, you need to prepare a project in advance. You are allowed to create the document yourself, but it is better to contact an appropriate specialist to complete the work. If, during the work, it is planned to affect common property (for example, installing your own front entrance in an apartment building), in addition to the project, you must attach unanimous approval from all residents in the form of a protocol drawn up at a general meeting of Article 40 Part 2 of the Housing Code of the Russian Federation

How to convert non-residential premises into residential premises - documents

The re-registration process ends with the receipt of new documents from Rosreestr. To the supporting documents, you must attach an act with the conclusion of the commission on the assignment of a new status. To obtain it, you need to contact the authorized administrative body. As a rule, these issues are dealt with by the City Property Department or MFC. To review your property, you need to prepare the following documentation:

• Application requesting the transfer of non-residential real estate to residential.
• Original and copy of the copyright holder's passport.
• The right supporting documents for the property - the original certificate or a copy certified by a notary.
• If redevelopment is planned, you need to provide a prepared project.
• Conclusion of the inspection from inspectors of SES, housing services and fire safety.
• If the owner is minor child, you will need permission from the guardianship authorities, a birth certificate and a certificate of place of registration.

Depending on regional laws, additional information may be required - floor plan in the form of a schedule - diagrams with exact technical characteristics, extract from those passports, extract from the Unified State Register of Real Estate.

How to convert non-residential premises into residential premises - submission of documents

After submitting the documents to the authorized body, you must be given a receipt with a list of accepted documents. According to the law, the waiting period for a final decision should not exceed 45 calendar days. When contacting the MFC, the period may increase by 7-10 working days.

After the meeting of the housing commission, the applicant must be invited to receive the act by registered notice or by phone call. If you are refused, feel free to go to court. You can file a lawsuit no later than three months from the date of receiving a negative response.

How to convert non-residential premises into residential premises - obtaining a certificate

When the transfer is agreed upon, the owner must carry out repairs to the premises in accordance with the submitted project. After this, you need to contact the BTI and invite the admissions committee to conduct a routine inspection. Within 10 days, employees must prepare a new act, which will confirm that all work has been completed and the housing is ready to acquire residential status.

How to convert non-residential premises into residential premises - obtaining new documents

With the received certificate, you need to contact the BTI again and draw up a new technical passport and floor plan of the house. The transfer procedure ends with the receipt of a certificate with assigned residential status from the MFC or Rosreestr.

Use for commercial activities residential premises are not allowed. Therefore, organizing a business in an apartment or house requires changing the purpose of the object.

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How to convert residential premises into non-residential premises in 2019? In the business community, disputes regarding the transfer of housing to non-residential stock do not stop.

Some people think that this process is so complicated that it’s not worth starting.

Others claim that knowing the algorithm of actions, you can turn an ordinary apartment into commercial real estate in no time. How is residential premises actually converted into non-residential premises in 2019?

Highlights

In the situation with the transfer of housing to non-residential stock, there are several significant periods. The first one is March 2005.

It was then that the amended law came into force. At the same time, the practice of converting residential premises into non-residential ones has become commonplace.

The issue of transfer was considered exclusively by the owner. Documentation was just a formality.

The early 2000s saw a period when convenience stores and service businesses opened en masse on the ground floors of apartment buildings.

Circumstances changed in May 2012. From that time on, translation began to be carried out exclusively in court. For some time this did not cause any particular inconvenience.

The courts worked properly, claims were considered and satisfied. Moreover, failures occurred in isolated cases.

Recently, changing the purpose of a home has become not so easy. Increasingly, owners began to receive refusals.

Officially, no changes occurred. No new laws were passed. Most often, the reason for refusals is the lack of consent of all owners in an apartment building.

However, according to the law, such consent is not required in all cases.

Other grounds, expressed in very confusing formulations, are used less frequently. Therefore, the owner who wishes to carry out the translation needs to improve his legal literacy in advance.

What is it

When considering the process of converting residential premises into non-residential premises, you should know what the definition of each category implies.

The total area of ​​a residential premises includes the sum of the areas of all auxiliary premises necessary for comfortable living in a particular dwelling.

As a rule, residential premises mean a house, apartment or room. There is no clear concept of non-residential premises in the legislation.

This often becomes the cause of illegal transactions, legal disputes, and conflict situations.

At the same time, it is impossible to define non-residential premises based on negation - an object not intended for human habitation.

If we try to define the concept of a non-residential property, we can give the following characteristics:

• isolation with a separate entrance and material boundaries (walls, floor, ceiling);
• belonging to real estate, that is, the presence of state registration of property rights;
• entry into a non-residential building, and the premises themselves may be located in a residential building;
• ban on permanent residence of individuals;
• use for industrial or public purposes.

Based on these definitions, it is obvious that the transfer of residential premises to non-residential premises is carried out through an official change in its direct purpose. The essence is simple, but there are plenty of nuances in such a translation.

Why is the procedure needed?

The mere fact of transferring residential real estate to non-residential property does not give the owner any special powers or advantages.

The fact of completion of work is certified by the act of the acceptance committee created by the local administration. An act is drawn up within ten days from the date of submission of the application for completion of the specified work.

Local authorities send the act to the State Real Estate Cadastre, where, on its basis, changes are made to the information about a specific premises.

Redevelopment and reconstruction may be required to meet fire and sanitary requirements for the future facility, as well as to equip a separate entrance.

Video: transferring premises from residential to non-residential

It is advisable to order project development from organizations or individual entrepreneurs who have an SRO certificate of admission to design work.

During the development of the project, the contractor must obtain approval from the competent authorities - the Main Architectural and Planning Department, Rospotrebnadzor, Gospozhnadzor.

When agreeing, you must obtain the appropriate permits.

Registration of ownership

Bodies involved in the transfer of premises, in the order of interdepartmental cooperation, transfer to Rosreestr:

Registration authorities make changes to the Unified State Register within fifteen days from the date of receipt of documents. Over the next five days, the owner is notified of the changes.

In this case, the notification is sent by mail or in the form of a link to an electronic document, depending on what address the owner has at Rosreestr.

If the necessary information is not entered into the Unified State Register within the required period, the owner can apply himself with the appropriate application.

Within three days, Rosreestr requests necessary documents in local governments. Then, in the usual manner, the registration authority makes changes and sends a notification.

Ownership is confirmed by an extract from the Unified State Register of Real Estate. You can request it through the MFC or Rosreestr by sending a request by regular or by email or by delivering it in person.

Obtaining a paper statement will cost seven hundred and fifty rubles; an electronic document costs three hundred rubles.

What is the cost of the procedure

The price of converting a residential property into a non-residential property consists of several main components:

It looks inexpensive, but here you need to take into account the area of ​​the room (hence, the price of the project depends on the number of meters).

In addition, the above list does not indicate construction work. And their cost varies significantly, based on the volume of redevelopment and the payment of attracted specialists.

On average, a self-transfer of housing will cost 30,000-100,000 rubles.

When specialized companies are involved, the calculated price increases by two, or even three times, but the owner receives his property “turnkey”.

Also, the cost of translation may vary significantly depending on the specific region and locality.

That is, you can cheaply convert the premises into a non-residential building yourself, but you will have to spend a lot of time, effort and nerves. Or you can pay more and get a ready-made non-residential property.

Emerging nuances

The basic principle of housing law is the use of residential premises for its intended purpose, that is, for living.

But it says that it is not prohibited to use residential premises for professional or entrepreneurial activities.

The main conditions are the legality of residence and respect for the interests and legal rights of neighbors. Thus, it is not always necessary to transfer residential premises to non-residential ones.

You can set up an office, provide tutoring services, and repair small household appliances in an apartment.

The direct prohibition in the law is mentioned only in relation to the organization of industrial production in residential premises.

Judicial practice on this matter also indicates the possibility of using residential premises in business activities.

For example, it requires registration of a legal entity at the location of the sole executive body.

In this case, this location may not coincide with the address of direct business.

Considering these circumstances, the Supreme Arbitration Court recognized the right to register a legal entity at the place of residence of the director.

In an apartment building

Among the nuances of transferring an apartment in an apartment building, it should be noted that the premises on the ground floor can be converted into non-residential use.

To transfer an apartment on the second or third floor, it is necessary that there be non-residential premises underneath it.

In addition, non-residential premises must have a separate entrance. Access through the entrance, hall or vestibule is not permitted. This practically eliminates the possibility of transferring an apartment above the first floor.

Other aspects worth noting are the following:

Some difficulty may arise when transferring premises in buildings of historical and cultural value. In this case, you will need to separately coordinate the process with government agencies.

In a private house

Converting a detached residential premises to non-residential premises is simpler. At least in that there is no need to obtain the consent of the owners of other premises.

But consent will be required if there are other owners. The main problem here is related to the land. If the land is privately owned, consent will be required from all its owners.

Sometimes the house is owned, but the land belongs to the state. For the transfer it is necessary to obtain the consent of the municipality. The authorities do not always allow such a transfer.

And they made shops out of them.

Over time, the opposite picture began to be observed - the conversion of non-residential premises to residential premises began to prevail. This is due to the oversaturation of the infrastructure with retail outlets and the high demand for housing.

In addition, such a translation was not provided for in the old version of housing legislation, but with the release of the new version such an opportunity appeared, causing activity large quantity wishing to carry out such an action.

What are residential and non-residential premises

The Housing Code of the Russian Federation defines the concept of residential premises quite clearly.

Accordingly, any premises that do not meet these requirements cannot be recognized as residential. In particular, non-residential buildings include auxiliary or outbuildings, or other buildings that are not equipped with the necessary communications.

Also, parts and premises of buildings for industrial and technical purposes that do not meet sanitary and epidemiological requirements and are located outside residential areas cannot be classified as residential premises.

It should be borne in mind that a residential building recognized as unsafe does not belong to residential premises.

Regulatory acts that regulate the transfer of non-residential premises to residential

The procedure for transferring from residential to non-residential and vice versa is determined by Article 23 of the Housing Code of the Russian Federation, which grants all powers on this issue to local self-government bodies (LGB) in accordance with paragraph 6 of Article 14 of the Housing Code of the Russian Federation, and in relation to non-residential premises there is essentially one requirement - compliance with all necessary sanitary, technical and administrative standards.

No additional restrictions have been established, since the existing requirements fully determine all the conditions and rules necessary for people to live.

Conditions for transfer

The transfer of non-residential premises to residential premises is possible subject to the following conditions:

1. Compliance with sanitary and technical standards. Dilapidated, in disrepair, or harmful effects environmental factors are not allowed.
2. Ensuring that the building meets all necessary requirements must be possible and feasible.
3. There should be no encumbrance on the transferred building as part of the property - the premises cannot be pledged, or to third parties.

If at least one of these conditions is not met or cannot be met, the building cannot be converted to residential status.

How to convert non-residential premises into residential ones

The owner of the premises, or a person appointed by him, applies to the compulsory medical insurance with an application for the desired change in the status of the premises.

The applicant attaches the following documents:

• Documents of ownership (originals or notarized copies).
• Plan and technical description of the premises being transferred.
• Floor plan of the building to which the premises in question belong.
• A project of the desired reconstruction or redevelopment of the premises, prepared and approved in accordance with the established procedure, if such reconstruction (redevelopment) is necessary for the transfer.

The list of documents provided is exhaustive; compulsory health insurance has no right to require any additional documents.

The submitted documents are accepted from the applicant with a receipt being issued. The application and attached documents are reviewed, which results in a decision to authorize or refuse the transfer. The period allowed for making a decision is 45 days from the date of filing the application.

After this, the applicant is sent a document within three days confirming the adoption of a particular decision. At the same time, the owners (proprietors) of adjacent or adjacent premises are notified. The act received by the applicant is the basis for using the premises in a new status. If such use requires redevelopment, re-equipment or other work, then the act will contain a requirement for their implementation, which is a permit for them.

The procedure for transferring non-residential premises to residential premises is not so complicated in administrative terms, but requires the initial ability to implement it.

If the necessary signs of a living space are missing and it is not possible to create them, the translation will be impossible and its work will be officially refused. Therefore, you should carefully check in advance that all conditions necessary for processing the transfer are met and all issues regarding their provision should be resolved.

The re-registration of non-residential premises into residential real estate has a clear procedure, compliance with which makes the transfer completely legal and legitimate. Read our article about which articles of the law regulate the transfer to residential premises, what documents are needed and what restrictions exist in resolving this issue.

Today, many people are wondering how to convert non-residential premises into residential ones; as a rule, this is due, first of all, to the emergence of the opportunity to increase living space. Various commercial premises (retail, warehouse, industrial, extensions, objects of social significance, etc.) are subject to transfer to housing stock, as well as country houses and other buildings erected on lands intended for . The absence of official registration of the transfer of a non-residential property to housing will not allow the owners of the premises to carry out any registration actions, as well as perform any actions related to the alienation of property (donation, land, etc.). The procedure for transferring premises from non-residential to residential is determined by the housing legislation of the Russian Federation; the procedure for transferring to residential premises is directly regulated by Art. 22 Housing Code of the Russian Federation.

Restrictions for transfer to residential premises

According to Russian legislation, a premises is considered residential if it has isolated status and meets all sanitary-epidemiological and fire-technical standards necessary for human habitation. Accordingly, the premises transferred to the housing stock, in addition to sufficient living space, must have auxiliary rooms in the layout to satisfy the household needs of the residents (bathroom, kitchen). A detailed list of technical requirements that future housing must meet is listed in Section II of the Regulations adopted by Decree of the Government of the Russian Federation No. 47. Non-residential premises to be transferred from non-residential to residential must be free from any encumbrances and not be the subject of foreclosure, seizure or pledge . Also, the status of non-residential premises cannot be transferred to the status of residential if it belongs to an individual or legal entity on the basis of ownership rights or a mortgage for a certain period. At the same time, the list of restrictions that may affect the final result of the transfer from non-residential to residential includes the following requirements and conditions:

1. The premises must be part of a real estate property located on a zoned residential area, equipped with all engineering and technical communications.
2. All load-bearing structures of the future residential property must strictly comply with the operational condition and not have any cracks or deformations that could later pose a danger to life.
3. All communication systems in future residential premises should be located in accessible places, but without the risk of injury to residents.
4. The future residential premises must be equipped with special systems for protecting against leaks of domestic water, as well as melt and rain water.
5. The residential premises must be fully equipped with utilities, including electrical networks, ventilation, heating, gas and water supply systems that meet sanitary and technical safety standards.

If it is necessary to redevelop or reconstruct the premises to meet the above requirements, all work must be carried out before submitting an application to the relevant authorities for the transfer of non-residential premises to residential use. According to paragraph 43 of the said Regulations admissions committee assesses the condition of the premises upon inspection.

According to the norms of the Land Legislation of the Russian Federation, the transfer of dacha properties located outside the boundaries of populated areas on agricultural lands to residential premises is not allowed.

Where to apply to transfer non-residential premises to housing stock

The issues of re-registration of the status of non-residential premises into residential ones are dealt with by local government bodies. In large cities, an application can be submitted to the territorial administrations, the Housing Fund Department of the Municipal Property Department, the Department of Municipal Economy, in small cities - to district and executive bodies. In particular, in Moscow, these issues are considered in the Department of Design and Approvals and the Department of Housing Policy and Housing Fund.

Documents required for transferring non-residential premises to residential premises

According to paragraph 2 of Art. 23 of the Housing Code of the Russian Federation, the list of documents that the owner must provide to transfer the premises from non-residential to residential includes:

1. Application for transfer of non-residential premises to residential premises on behalf of the owner of the premises.
2. Originals or notarized copies of documents confirming ownership of the premises (certificate of state registration, cadastral passport).
3. Technical floor plan with detailed description floor plan of the house (if the house is multi-story).
4. A project for redevelopment or refurbishment of premises, if this is necessary to comply with established requirements for residential premises.

If there is state registration of the right to build a property in the Unified State Register of Real Estate, the applicant only needs to provide an application and a redevelopment project to formalize the transfer of non-residential premises to residential premises.

The package of documents, if it is necessary to clarify certain points, can be supplemented by the applicant at the request of the competent authorities (for example, a conclusion from a design and survey organization may be required regarding compliance with the urban planning requirements of the load-bearing and enclosing structures of the premises being transferred). The documents are accepted by the specialist, with the applicant issuing a receipt confirming that the package of documents has been accepted for consideration in full and indicating the date of acceptance. The period for consideration by the commission of the issue of transferring non-residential premises to residential premises is 45 days from the date of acceptance of the documents (clause 4 of article 26 of the Housing Code of the Russian Federation). Further, within 3 days the applicant must be notified of a positive decision or refusal of this procedure. Please note that if a negative decision is received, the refusal must be motivated with reference to the relevant conditions and requirements. Transfer to residential premises may be refused for the following reasons:

• failure to provide additional required documents;
• if the documents were sent incorrectly, that is, not to the competent authority;
• if the premises do not meet the technical requirements in accordance with the above Regulations.

In case of an unmotivated refusal, as well as disagreement with the decision made, the owner of the premises has the right to go to court.