ᐉ How to Transfer an Apartment to Part of a Residential Building in 2020. mainurist.ru

How can residential premises be converted into non-residential premises in 2020?

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.

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:

How to change the status of a residential premises to the status of an apartment

From the point of view of the Housing Code of the Russian Federation, the objects of housing rights are residential premises, which means, or rather recognizes, an isolated premises, which is real estate and is suitable for permanent residence of citizens (meets established sanitary and technical rules and regulations, other legal requirements (hereinafter referred to as the requirements )).

I recommend that you contact your Rosreestr office. Surely there are consultants there who will point out to you the package of documents and algorithm of actions necessary to resolve your issue. This should be here sochifrs.ru

How to convert non-residential premises into residential ones

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:

It is important to remember that an entire private house or apartment can be residential. A dacha can become residential only if it becomes a permanent structure and the rules for its transfer comply with the rules for using the land.

The procedure for converting a non-residential building in SNT into residential

To implement the procedure for converting a summer house into a residential building, you will need to collect a certain package of documents. These include papers that have a technical purpose. They are presented in relation to the land plot, the buildings located on it, and the country house. Documentation of legal nature. It is required to obtain permission to carry out re-registration. This is required when a country house has several owners. Consent must be expressed through a written document. You will need to submit a document received from the municipality, which confirms the fact that the land has been transferred from one category to another, and the new category must allow the construction of residential buildings. You will need to contact the housing commission and receive a report that confirms that the building can be transferred to the category of individual housing construction.

Resolution No. 47, adopted by the Government in 2006, contains requirements for residential buildings. A building that can receive residential status must have the following characteristics: a bathroom, toilet, kitchen and living room must be located in the room. In each subject of our country, minimum sizes are established for these premises. For example, a room classified as residential must be at least 12 square meters, and a kitchen must be at least 6. The ceilings must rise at least 2.5 meters. In addition, an important point is that re-registration requires that country houses have communication systems - this includes water supply, electricity, a heating system, and ventilation and sewerage systems also need to be installed. The building must have characteristics that meet fire safety requirements, as well as construction, environmental, sanitary and other standards.

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An apartment is a separate part of a multi-apartment residential building, consisting of several apartments (at least two) and common areas.

A residential building is a separate independent property.

Problems people face when transferring an apartment

To transfer an apartment to the status of a residential building, you will need to collect a package of documents and fulfill a number of conditions and requirements. To change the status of an apartment, you must submit an application to the interdepartmental commission that manages the housing stock and wait for its decision. You need to be prepared for the fact that the decision may be negative. If the decision is negative, you can go to court. All this will take time, standing in queues, coordinating and reviewing documents, waiting for a response on decisions, etc.

Documents required for submission to the interdepartmental commission

Documents of ownership of the apartment;
Technical passport from BTI with floor plan and explication;
Certificate confirming the functional purpose of other apartments;
Consent of the owners of other apartments to transfer their apartments to the status of a residential building;
The decision of the general meeting on the withdrawal of an apartment building company from the fund, etc.

Another way is to buy out all the apartments in an apartment building

You can buy apartments, becoming the sole owner. To do this, you will need to obtain a certificate confirming the ownership of this residential building and contact Rosreestr with an application to assign the appropriate status to the residential building. All that remains is to renew the service agreements for your residential building with utility providers. This is necessary to register land ownership.

Advantages of contacting company lawyers

It will take time to collect and correctly prepare documents. Review by commissions may take months and may not bring positive results. It is better to entrust the entire process to lawyers who understand all housing issues and the legislative framework. Our company’s specialists are accustomed to acting quickly and harmoniously, and having legal knowledge allows us to solve complex and diverse problems. Housing cases are considered the most complex, confusing and difficult to resolve without sufficient legal qualifications and knowledge of many areas of law.

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How to convert residential premises into non-residential premises

availability of free access to engineering communications;
the apartment building should not be on the list of dilapidated, unsafe or subject to demolition;
Local authorities will refuse to convert residential space into non-residential space in a house that is designated as an architectural monument.

When starting the procedure for collecting documents for transferring an apartment to non-residential real estate, you need to know the conditions that must be met. The main one is belonging to the type of housing that may be subject to transfer. Article 22 of the Housing Code prohibits this action if the apartment:

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Is a semi-detached house an apartment building?

The definition of a residential building is contained in Part 2 of Art. 16 of the Housing Code of the Russian Federation, according to which a residential building is recognized as an individually defined building, which consists of rooms, as well as premises for auxiliary use, intended to satisfy citizens’ household and other needs related to their residence in such a building. Thus, the criterion for distinguishing between an individual residential building and a multi-apartment residential building is the presence/absence of common property.

A two-apartment house with separate entrances is a multi-apartment building

The definition of the concept of “apartment building” is contained in the Decree of the Government of the Russian Federation dated January 28, 2006. No. 47 “On approval of the regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction.” In this resolution, an apartment building is understood as follows: “An apartment building is a collection of two or more apartments that have independent access either to a land plot adjacent to a residential building or to common areas in such a building. An apartment building contains elements of the common property of the owners of premises in such a building in accordance with housing legislation.”

Technical document of the property.
Floor plan of the building.
Proof of ownership of the property.
Action plan for reconstruction and redevelopment.
Request for a transfer procedure.

permission from other owners if the applicant owns part of the property;
if one of the owners is a minor, the consent of the trustee service;
protocol for a meeting of apartment owners for an apartment building, at which the majority spoke out that they did not object to the transfer procedure.

How to convert an unfinished building into a residential building

The applicant is the official owner of the building.
Real estate is not a guarantor of debt obligations, or under arrest.
Compliance with all standards and regulations required for residential properties.
The house is located within the city with developed infrastructure and has communications.
It is in disrepair, intact, without damage that poses a danger to future residents.

Statistics indicate that in many cities private business is developing faster than the construction of office buildings and centers. That is why on many central streets our gaze continually stumbles upon former apartments that have become offices. Is it possible to turn a private house into an administrative building? There are many subtleties in this issue that need to be studied. We will tell you further about whether a residential building can be converted into a non-residential one and how to do this.

How to Convert an Apartment to Part of a Residential Building in 2020

Hello. In fact, we have that the premises are non-residential. And they entered into the inheritance as non-residential. Accordingly, the parties to the transaction and the current owner must regard this premises as an object not included in the housing stock. Try contacting the cadastral chamber, the documents should be preserved in the archives and you will be able to resolve this issue. But the most effective solution to the problem is to go through the administrative procedure of transferring non-residential premises to residential ones.

Hope! Submitting an application for privatization of occupied premises. Providing you with the payment for the cadastral apartment did not go from the non-residential area. The most important thing will be to oblige you to refuse. But she must pay property tax on any share of the whole, since it was her permanent residence. In accordance with the order, such rights cannot, since the tax inspectorate is also not included in the definition in accordance with the provisions of Article 21 of the Federal Law of 12/29/2006 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity,” maternity benefits are paid in an amount not exceeding for a full calendar month the minimum wage established by federal law, and in regions and localities in which regional coefficients for wages are applied in the prescribed manner, in an amount not exceeding the minimum wage labor taking into account these coefficients. According to Art. 15 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation” (with amendments and additions) Article 11. Other periods counted in the insurance period 1. In the insurance period along with periods of work and (or) other activities that are provided for in Article 10 of this Federal Law , are counted: - to disabled family members, who are provided for in Article 12.1 of this Federal Law, the following categories of those awarded with vehicles for a duration of more than 1 year or more, if, simultaneously with the receipt of the corresponding application for disposal, it is carried out at the expense of the employer - an individual in accordance with legislation of the Russian Federation. ..

Sample statement of claim for recognition of an apartment as part of a residential building

In this case, it is important to correctly appoint the defendant or interested party. In order for the examination to make a decision in your favor, a comprehensive study of the housing is carried out, based on the results of which a conclusion is drawn up.

When writing a statement of claim, it is necessary to correctly indicate the characteristics of the building. You will also have to prove the isolation of each room (apartment). They should not overlap each other. If there is common property, it should be listed, indicating that the entire house is serviced through it. This includes stairs, attics and other objects.

The procedure for transferring residential premises to non-residential premises in 2020

When building an exit to the street, pay close attention to the arrangement of the surrounding area. It is unacceptable to cut down trees, “protrude” onto the roadway, or block public transport stops without permission.

The procedure for transferring residential premises to non-residential property may be prohibited if the property is located in a building that has the status of an object of historical or cultural heritage. Apartments that are not connected to the main utilities are not suitable for professional and commercial activities.

Transfer of an apartment to part of a residential building

Your property right is an apartment. It could be considered part of the house if the house belonged to you and your neighbor on the right of common shared ownership, i.e. you would have an equity interest in the house and could have a corresponding equity interest in the land. The land plot on which the apartment building is located is part of the common property. Common property belongs to the right of common shared ownership to the owners of premises (apartments). You cannot allocate a share in the ownership of land if the object of ownership is an apartment. It should be noted that there are residential buildings of a blocked construction, consisting of several blocks, having special technical characteristics and intended for living by one family. Under certain conditions, it is possible to recognize such a block as a separate part of the house and located on a separate premises.

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Recently, the procedure for transferring residential premises to non-residential premises has become widespread. This process is complex from the organizational and legal side. The transfer of residential premises ( apartment , house) allows you to change the functional purpose of such a residential premises and use it to conduct all kinds of business activities.

Legal status of “apartments” and “residential premises” - differences

Why are these questions important? Starting from September 1, 2020, regulations came into force establishing a ban on the construction of an apartment building on an individual residential construction site, as well as its transfer to the status of residential premises. Previously, development companies or individuals often built apartment buildings on individual housing construction plots - this was beneficial for them, since the legislation allowed these possibilities. Properties built on individual housing construction allowed only three floors. The developer received permission to build a three-story house, after which, based on the reconstruction, he received permission for the entire facility - de-iure, it turned out to be legal. Accordingly, the developer became the legal owner of all premises and the building as a whole.

So, if the houses were put into operation before the changes came into force on September 1, 2020, developers should not be afraid of hypothetical lawsuits from the city administration. Premises that have been assigned the status of “residential” can be purchased without fear. However, there will be no reason for concern only if the correct technical conditions have been obtained for the object - this is the main thing.

All the intricacies of transferring residential premises to non-residential premises

At the same time, the law does not exclude the possibility of locating organizations or institutions in such a real estate object. But only after the owner transfers the apartment to the category of non-residential premises (Part 3 of Article 288 of the Civil Code).

an application, the form of which should be clarified in advance;
passport of the owner (or all co-owners, if there are several);
the basis for acquiring the right to living space (agreement, order, certificate of inheritance or other acceptable document);
certificate of registration of rights;
technical passport, explication and floor plan (obtained from BTI);
redevelopment project carried out by a contractor;
an extract from the house register;
consent of other residents of the house (actually living).

Recognition of an object as a residential building of blocked development

It is possible to formalize the acquisition of a land plot without holding an auction when the owner owns real estate located on a land plot that is in state or municipal ownership (subclause 6, clause 2, article 39.3 of the Land Code of the Russian Federation). Citizens and legal entities - owners of buildings and structures have the exclusive right to purchase land plots (Clause 1, Article 39.20 of the Land Code of the Russian Federation).

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At the same time, when forming land plots, it is necessary to take into account the provisions of Article 35 of the Land Code, in particular, the alienation of a building, structure, structure located on a land plot and belonging to one person is carried out together with the land plot, with the exception of the case of alienation of part of the building, buildings, structures, which cannot be allocated in kind along with part of the land plot. Alienation of a land plot without a building, structure, or structure located on it is not allowed if they belong to one person.

Step-by-step instructions for transferring a residential apartment to non-residential premises 2020

Floor plan of the building and its explication . To obtain it, you must contact the Department to obtain a power of attorney to order documentation from the BTI. The Bureau will need to submit an application in the prescribed form and attach the applicant’s identity card, as well as title papers for the premises. This could be an agreement on the transfer of rights, an inheritance certificate, an extract from the Unified State Register and more. The preparation of documents may take up to 30 days.
Registration certificate and apartment layout . They can be taken from the BTI.
Conclusion of Rospozhnadzor on the compliance of the premises with established standards. You can obtain it from the State Fire Department of the Ministry of Emergency Situations by submitting an application of a certain sample. After examining the object, the service employee makes a conclusion that it meets the current requirements.
Conclusion of Sanitary and Epidemiological Supervision . It is compiled by the SES after an employee of the organization has examined the premises planned for transfer.
DEZ certificate containing information about the purpose of other real estate located on the same floor as the object. The certificate is issued by the organization that maintains the house, upon application by the interested citizen. It is accompanied by a Russian passport and a power of attorney from the representative, as well as a title document for the apartment.
A report on the technical condition of the entire building, issued by housing departments, homeowners' associations and other management organizations.
An extract from the house register issued at the passport office. It contains information about all people registered in the living space. This document is valid for no more than 14 days.
Redevelopment project . It is prepared in a design company that has the appropriate license.

It should be noted that obtaining the necessary decision will depend on the legal regime of the object, the appropriate authority for the appeal, the motivation for refusing to transfer the apartment to a non-residential object, and more.

The nuances of building a house on land for gardening in SNT

The construction of a garden house with its subsequent recognition as residential and registration in this status is possible both if the site is classified as farmland and if it is located on settlement land. But within a populated area it is possible to immediately legalize such construction. But to do this, you will first need to find out in which zone the site is located.

However, this is only possible where each gardening plot is an independent object, registered and individually owned. Very often, SNT owns land jointly, each participant owns a certain share. In this case, it is necessary to first obtain information about the standards accepted in this gardening. Such information is contained in the constituent documents.

Transfer of residential premises to non-residential premises in 2020

the interests and peace of neighbors must not be disturbed;
all norms of current legislation must be observed, from fire safety measures to sanitary ones;
Production cannot be located in an apartment, even for the production of soft toys.

explication and floor plan, documents can be obtained from the technical inventory office, this procedure takes on average about 1 month;
technical passport, if it is not current, you will have to redo it;
a report from firefighters, which will confirm the possibility of using the apartment for commercial activities and compliance with all current standards;
conclusion of the SES, such permission is taken from the district authority;
a certificate from the management company of the residential building, which will describe the purpose of the adjacent premises;
consent of the owners of neighboring apartments;
a document about the functional condition of the entire house, also issued by the management company. It must contain a conclusion that the house is not in disrepair and is not prepared for demolition;
an extract from the house register, there should be no registered persons on the area being transferred, such a document is valid for only 14 days;
housing renovation project.

Possible disadvantages of living in an apartment

A successful combination of favorable conditions has a positive effect on the quality of life. But, as a rule, in addition to the pros, there are also cons. Any person living in an apartment building has encountered various difficulties that are inherent in living in an apartment.

Perhaps the most unpleasant thing is problems with neighbors , ranging from noisy gatherings at late times, on the other side of your bedroom wall, and even to a flood in the apartment, thanks to the neighbors above.
An equally annoying drawback may be the issue of utility bills. Often prices are unreasonably high. And who wants to overpay?
The condition of the house outside its own apartment. It happens that the cleanliness of the elevator, which everyone uses every day, leaves much to be desired, and the walls in the entrance could use painting, and the neighbor opposite likes to smoke on the landing...
We are all human and we need rest and entertainment. For example, it can be nice to receive guests, organize noisy competitions and dance to your favorite songs half the night away! But not in an apartment building. One way or another, you need to respect your neighbors and not allow things to come to conflict.
Problems that arise due to lack of proper maintenance by utility services. This applies to water supply shutdowns, periodic interruptions in heat supply, power outages and other problems.

And there can be many such negative aspects; unfortunately, it is not possible to eliminate them completely.

Use of maternity capital for home repairs and reconstruction in 2019

After the family has received the first part of government assistance, it is necessary to begin to reconstruct the house. The remaining 50% can be received only six months after receiving the first half of the funds.

Maternity capital can be used for this purpose only after the child is three years old. This means that it is useless to submit papers to the Pension Fund before the child is three years old; the money will not be transferred anyway. But, if it is really necessary to carry out such work, then you can spend your personal savings and then receive compensation for all costs from maternity capital money. To do this, you just need to save all the papers about the reconstruction (acts, receipts, etc.).
Carrying out the work yourself. According to the legislation of the Russian Federation, work to increase the area of the house, using maternity capital, must be carried out by family members independently without concluding contracts with professional firms and construction teams.
Applicant's property. One of the main conditions for issuing maternity capital for the reconstruction of a house is the fact that both the residential building and the plot on which it is located must be owned by the applicant or his legal husband or wife.
Waste of credit funds. The law does not prohibit using your own money or funds taken on credit. The only condition is that it will not be possible to repay the loan early (before the child’s third birthday), since only loans that were taken out for the construction or purchase of housing can be repaid ahead of schedule.

Important! The family has the right to add to the amount that was issued according to the certificate as much money as it considers necessary. Reconstruction of a living space has the goal of improving, and most importantly, increasing the area of a house for a large family.

Individual housing construction - what is it? Transfer of land for individual housing construction

Individual housing construction - what is it? Not only the type of land, but also the permitting use. You need to know all these nuances. Before transferring a dacha plot to individual housing construction, it is necessary to legally change the purpose of your acres from agricultural to residential land.

IZhS is an abbreviation that stands for “individual housing construction.” It should be noted that there are several types of land use, each of which is divided into several subtypes depending on the purpose of use.

How to convert a residential building into a residential building 2020

location of the holiday village within the city limits.
absence of claims from third parties and legal encumbrances in the form of arrest and pledge;
availability of running water, heating and other vital communications;

It was possible to build only a non-permanent structure in the garden, intended for temporary storage of equipment and grown crops; for gardening. This designated purpose gave the right to erect a residential building (not to be confused with a residential building), in which it was also impossible to register; for the dacha.

What is the reconstruction of a private residential building: how to avoid refusal and obtain permission

In this case, the reconstructed house will be recognized as an unauthorized construction, which must be legalized (read how to legalize an unauthorized construction). To do this, you need to take a new cadastral passport from the BTI and, together with the old one, provide the documents from the list to the administration and obtain permission for reconstruction. In the future, it will be possible to register ownership of the reconstructed housing. It is also possible to legitimize reconstruction through the courts.

The validity period of the permit is no more than 10 years from the date of receipt of the permit (Clause 19, Article 51 of the Civil Code of the Russian Federation). It can be extended by contacting local authorities with a corresponding application no later than 60 days before the end of the period. After 10 years, if the reconstruction was not at least 70% complete, the permit will need to be reissued.

Land plots for construction, Status matters

There are two types of plots intended for personal farming. Some of them are located on the land of a settlement (household plot), and then a house and outbuildings can be built on this land, others are located outside the boundaries of settlements (field plot), and in this case the land is intended only for agricultural production products, nothing can be built in this place. A plot intended for private household plots, located on the land of a settlement, is practically no different from a land plot intended to be used for individual housing construction. You can also build a cottage or individual house on it, in which there will be no problems with registration. As for the price, the cost of such land does not differ from plots allocated for individual housing construction.

As for those buyers who plan to build a country house on country land and then register it, it will not be easy for them to do this. On the one hand, of course, there is the decision of the Constitutional Court, which found the refusal to register a gardening partnership on the territory to be contrary to the Constitution. On the other hand, there is practice that shows that obtaining registration on dacha land is associated with great difficulties. To do this, the owner will be required, firstly, to prove that the built house is his only place of residence. Secondly, a house located on dacha land must be recognized as a permanent building, suitable for year-round living. To do this, you will have to prove that the building meets certain parameters, such as the presence of an address and the existence of access roads along which you can reach the cottage at any time of the year.

Transfer of residential premises to non-residential premises

The fact of completion of work is certified by an act of a commission formed by a local government body. The acceptance committee's act may be the basis for making changes to the information about the apartment contained in the State Real Estate Cadastre (GKN). The responsibility for sending the act to the State Committee for Taxation to take into account the newly acquired characteristics lies with the local government body.

The homeowners' association appealed to the arbitration court to the Administration of the municipality with a statement to invalidate the decision to transfer the apartment to non-residential premises. In support of the stated requirements, it was stated that entrepreneur Ivanov, in violation of Art. 23, art. 26, art. 36, art. 40 of the Housing Code of the Russian Federation, a notice was issued to transfer the apartment to non-residential premises with a separate entrance. The consent of the owners of the premises in the building for the redevelopment of the apartment, which will use a land plot classified as common property, has not been received. The court decision satisfied the HOA's demands.

Question: How to change the status of an apartment to a residential building.

The need to transfer an apartment to the legal status of “house” is required if it is a low-rise building located on the ground, but at the same time it is impossible to formalize ownership of the adjacent land plot, since the status of “apartment” is indicated in the title documents. You will need an application ;- passport; - cadastral documents; - technical documents; - resolution. Instructions 1 If you privatized an apartment after 1998, the decree on the transfer of housing into ownership indicates the legal status of the housing as an apartment, write an application for the transfer of legal status by contacting the state registration office center. Attach a receipt for payment for the provision of services, a technical passport, an extract from the cadastral passport.2 In case of refusal to change the legal status of the housing, contact the arbitration court. Submit a statement of claim, attach cadastral and technical documents, and passport. Submit all documents in originals and photocopies.3 Based on the court ruling, changes will be made to the unified register. After re-registration of your status, you have the right to contact the administration with an application to transfer the land plot adjacent to your home into ownership.4 To register a land plot, you will need to carry out the land surveying procedure at your own expense, draw up cadastral documents, obtain extracts, and a resolution from the local municipality. Then carry out state registration of property rights by contacting the territorial registration center with an application, passport, title documents for the house.5 If rights to an apartment arose before 1998, when state registration had not yet been carried out, information about the legal status of housing is available only in the technical inventory bureau . They will not be able to change it for you if the decree issued by the administration indicates that the apartment has been transferred. Therefore, you will have to contact the municipality with a statement indicating that you are asking to change the legal status of your home. If you receive a refusal, which happens very rarely, file a claim with the court.6 Most often, the housing policy department does not interfere with the transfer of housing from one status to another and a resolution is issued without any problems.7 Update cadastral documents and register ownership of the house by filing an application and a package of documents to the regional center. GOOD LUCK TO YOU! GOOD LUCK TO YOU! Kornush Stella Pavlovna!

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