Refusal to transfer premises on the specified basis is permitted if the body carrying out the transfer of premises, after receiving the specified response, notified the applicant about the receipt of such a response, invited the applicant to submit the document and (or) information necessary for the transfer of residential premises to non-residential premises or non-residential premises to a residential premises in accordance with paragraph 2 of Article 23 of this Code, and did not receive such a document and (or) information from the applicant within fifteen working days from the date of sending the notification; 2) submission of documents to the improper authority; 3) failure to comply with the conditions for transfer of premises provided for in Article 22 of this Code; 4) non-compliance of the project for reconstruction and (or) redevelopment of residential premises with the requirements of the law. 2.
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.
The difference between residential premises and non-residential premises
Based on the purpose of the premises:
- is it intended for residential or non-residential purposes,
- Accordingly, all premises, depending on the specified criterion, are divided:
for residential premises and
- non-residential premises.
The procedure for recognizing premises as residential or non-residential and the requirements that a particular type of premises must meet are established by the Government of the Russian Federation.
Distinctive features of residential premises
In accordance with Article 288 “Ownership of residential premises” of the Civil Code of the Russian Federation:
- the owner of the residential premises exercises the rights of ownership, use and disposal of the residential premises belonging to him in accordance with its purpose;
- residential premises are intended for the residence of citizens;
- the owner of the residential premises can use it for personal residence and residence of his family members;
- residential premises can be rented out by their owners for living on the basis of an agreement;
- placement of industrial production in residential buildings is not allowed;
- the placement by the owner of enterprises, institutions, organizations in the residential premises belonging to him is allowed only after the transfer of such premises to non-residential premises;
- transfer of premises from residential premises to non-residential premises is carried out in the manner determined by housing legislation.
In accordance with Article 673 “Object of a residential rental agreement” of the Civil Code of the Russian Federation:
- the object of a residential rental agreement may be:
isolated residential premises suitable for permanent residence (apartment, residential building, part of an apartment or residential building);
In accordance with Article 15 “Objects of housing rights” of the Housing Code of the Russian Federation:
- residential premises are considered to be isolated premises,
- which is real estate and
- which is suitable for permanent residence of citizens, that is, meets established sanitary and technical rules and regulations, and other legal requirements.
Thus, from the above legislative formulations it follows that:
- residential premises are those premises that are suitable for habitation of citizens,
- and also meets sanitary, fire, urban planning and technical requirements, since compliance with these requirements will indicate the possibility of living in such a premises.
Residential premises in accordance with Article 16 “Types of residential premises” of the Housing Code of the Russian Federation include:
- residential buildings, parts of residential buildings,
- apartments or parts of apartments in residential multi-apartment buildings,
- living rooms,
- cottages and other premises intended for living and recognized as residential in accordance with the national traditions of the peoples inhabiting the Russian Federation, enshrined in the legislation of the constituent entities of the Russian Federation.
Distinctive feature of the living space:
- unconditional recognition of it as an independent object of law and, as a consequence, mandatory state registration with the justice authorities;
- residential premises are only those real estate objects that are listed in part 1 of article 16 “Types of residential premises” of the Housing Code of the Russian Federation. According to the Housing Code, a yaranga, yurt, tent, beam, prefabricated house, etc. are not recognized as residential premises;
- For housing legislation, the type of residential premises - room, apartment, residential building - does not matter much, but it is important for the state registration of rights to residential premises and the implementation of state accounting of the housing stock.
Article 18 “State registration of rights to residential premises” and parts 4, 5 of Article 19 “Housing Fund” of the Housing Code of the Russian Federation
Distinctive features of non-residential premises
In the Housing Code of the Russian Federation:
- the features of the transfer of residential and non-residential premises from one to another are considered,
- however, there is no strict definition of what exactly non-residential premises are in the Housing Code.
Chapter 3 “Transfer of residential premises into non-residential premises and non-residential premises into residential premises” of the Housing Code of the Russian Federation
The Housing Code contains a fairly detailed description of residential premises:
- it can be assumed that if the premises are not residential, then they are classified as non-residential;
- however, this assumption is not entirely correct.
Non-residential premises are really not suitable for permanent residence of people. However, there are common house premises that are also not used for permanent residence (stairwells, elevator shafts, attics and basements with equipment serving the house), but they cannot be called non-residential premises suitable, for example, for conducting commercial activities.
Some official documents still contain a description of non-residential premises:
- non-residential premises in an apartment building - premises in an apartment building, specified in the design or technical documentation for an apartment building or in the electronic passport of an apartment building, which is not a residential premises and is not included in the common property of the owners of premises in an apartment building, regardless of the presence of a separate entrance or connection (technological connection) to external networks of engineering and technical support, including built-in and attached premises. Parts of apartment buildings intended to accommodate vehicles (parking spaces, underground garages and parking lots provided for in the design documentation) are considered non-residential premises;
Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved. Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 (as amended on July 13, 2019)
- non-residential building - intended for use for production, trade, cultural and educational, medical and sanitary, communal, administrative and other (except for permanent residence) purposes.
Instructions on conducting accounting of housing stock in the Russian Federation, approved. By order of the Ministry of Land Construction of the Russian Federation dated 08/04/1998 No. 37 (as amended on 05/19/2008)
Thus, we can highlight the following main features that are characteristic of most non-residential premises that can be adapted for commercial activities:
- the presence of a separate entrance that is in no way connected with the entrance/exit used by the residents of the apartment building;
- no one is registered in the premises, which is especially important for those real estate properties that were previously part of the housing stock;
- although the room is part of the building/house, it is separated and does not have access to the main space of the house;
- in all documents the premises are marked as non-residential;
- not intended for permanent residence of people.
These are the main characteristics of non-residential premises. In practice, they can be supplemented, for example:
- if non-residential premises are planned to be used to create a cafe, then it must meet the necessary sanitary, hygienic and environmental requirements;
- if the non-residential premises are intended to be used as a warehouse, then the requirements will be different depending on what exactly is planned to be stored in this warehouse.
Types of non-residential premises
Non-residential premises can be located:
- in a private house,
- in an apartment building or
- in a separate building.
Depending on the location, they can be used to conduct specific activities.
If a residential premises is used as a non-residential premises, its owner faces a fine, the amount of which depends on what exactly the apartment will be turned into. |
Features of non-residential premises in apartment buildings
Appendix B to architectural and planning decisions No. SP 31-107-2004, approved by the State Construction Committee of the Russian Federation on December 1, 2005, contains a list of institutions and public enterprises that are recommended for placement in non-residential premises of an apartment building.
List of institutions that can be located in an apartment building:
- preschool institutions;
- health and social care institutions;
- food trade enterprises;
- enterprises selling non-food products;
- catering establishments;
- consumer service enterprises;
- leisure establishments;
- institutions and organizations - administrative, public, credit and financial, insurance, legal consultations, notary and lawyer's offices, registry offices, etc.;
- educational institutions and courses.
The same document specifies restrictions when placing such institutions in an apartment building:
- number of such institutions and
- acceptable floors for their placement.
In accordance with clause 7.3.1 of Architectural and Planning Solutions No. SP 31-107-2004, owners of non-residential premises in an apartment building are required to comply with the following requirements:
- the presence (or the possibility of installing) isolated entrance groups (in this case, a separate room is formed in an apartment building);
- taking measures to soundproof apartments located above a public place;
- use of equipment that does not emit noise and vibration above the permissible level;
- ensuring access to general engineering systems in case of repairs;
- for retail outlets - organizing a loading and unloading area on the side where there are no windows.
Current legislation allows:
- add missing meters to non-residential premises in an apartment building;
- only this can only be done from the end and provided that their roof is lower than the floor level of the nearest apartment.
Non-residential premises, in accordance with Article 22 “Conditions for transferring residential premises into non-residential premises and non-residential premises into residential premises” of the Housing Code of the Russian Federation can be located:
- only under the apartments, but not next to them, and certainly not above them;
- so that if only the first floor is reserved for an institution, the area occupied is limited by its extent.
Features of extensions to non-residential premises in an apartment building:
- the maximum protrusion of the sales area is 9 m² with a total area of up to 400 m² or
- 18 m² - with a total area of more than 400 m².
The procedure for transferring residential premises to non-residential premises and the procedure for managing non-residential premises in an apartment building will be discussed in the following material.
If you have any questions about the violation of your rights, or you find yourself in a difficult life situation, then an online duty lawyer is ready to advise you on this issue for free.
HOUSING LAW AND HOUSING LEGISLATION IN THE RF
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.
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 341
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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.
The help of lawyers is also convenient because in this case all the subtleties of changing the status of the premises will be taken into account. At the request of the customer, the law firm may not perform the entire complex of work on converting non-residential premises into residential premises, but only certain stages of it. For example, those that present the greatest difficulties for the majority of ordinary citizens are the preparation of project documentation and its further approval. Rosreestr, within five working days from the date of entering information into the Unified State Register of Real Estate, in the manner of interdepartmental information interaction, at the request of an interested person, sends such a notification to such person (Part 5, Article 33 of Law No. 218-FZ; clauses 2, 3 of Appendix No. 2 to the Order Ministry of Economic Development of Russia N 173). Step 7. Obtain an extract from the Unified State Register of Real Estate State cadastral registration and state registration of rights to real estate are certified by an extract from the Unified State Register of Real Estate (Part 1, Article 28
Law N 218-FZ). The fee for providing information from the Unified State Register is 750 rubles. — for an extract in the form of a paper document and 300 rubles. — for an extract in the form of an electronic document (Appendix No. 1 to Order of the Ministry of Economic Development of Russia dated May 10, 2016 No. 291). A request for an extract can be submitted in the form of a paper document by personally contacting Rosreestr or the MFC, or by sending it by mail or electronically (clause
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.
Requirements for non-residential premises for a hostel
According to the new law, the hostel, as a hostel for temporary stay, can no longer occupy residential premises, which were previously apartments. From now on, in order to set up a hostel in an apartment, you will first have to remove it from the residential premises and transfer it to non-residential premises, and in order to do this, fulfill a number of mandatory requirements.
Non-residential premises are located, as a rule, on the ground floor of the building. An apartment on the second floor can be transferred to non-residential premises only if the first floor is already occupied by non-residential premises.
An additional requirement in the new amendments is the establishment of a separate entrance to the hostel, not adjacent to the general entrance to the entrance. In fact, these fundamental two points protect the peace of residents of an apartment building and the cleanliness of their staircases from unfamiliar hostel guests.
Also, the new law prohibits placing a hostel in non-residential premises on the ground floors. The fairly cheap cost of renting such spaces attracted hosteliers, while they usually turned a blind eye to sanitary standards for living in the basement floors.
The basement floors are still suitable for temporary occupancy. It is allowed to place showers here, build a gym or a kitchen, but permanent residence of people in the basement is now unacceptable.
How to transfer an apartment to non-residential use for a hostel
Everything is quite simple here. Initially, the apartment must meet the requirements for non-residential premises and have no technical restrictions for installing a separate entrance (see above). To transfer an apartment to non-residential use, an application on your behalf to the local government authority is sufficient, indicating the planned redevelopment (if required) and, in fact, a request to transfer the area to non-residential use. There is no single standard for such a statement, so it is written in free form. You will be required to attach a document certifying your right to property, or a notarized copy of it.
If you decide to redevelop the premises into a hostel, you will need to obtain a registration certificate for the premises from the technical inventory office at your place of residence, having paid the necessary fees. Also, in the case of redevelopment, permission from the authority for the protection of history and culture is required if the building is considered part of the cultural heritage or an architectural monument.
It wouldn't hurt to coordinate your event with your neighbors. Formally, the law does not oblige you to do this, but regular dissatisfaction from neighbors, collection of signatures and protests can significantly delay the process, and the attitude of local government towards your petition will become picky and meticulous.
If you don’t want to get involved with the bureaucratic machine and get bogged down in complex legal formulations and amendments, collect information and communicate with BTI representatives, you can turn to professional lawyers for help. For a relatively small fee, they will help you with the transfer of your apartment to non-residential use. Along with the advent of hostels, offers of this kind also appeared on the Internet. However, the procedure is not as complicated as it seems, and it is a matter of taste and your personal approach to the matter.
This is interesting How to open a mini hostel
If everything is in order with your papers, the neighbors are not against it, and the cultural protection authority does not find your apartment of any interest for posterity, your application will be considered and after 45 days an affirmative decision will be made. From this moment you can start working.
How to open a hostel in an office space?
Office space is non-residential by default, but not every office is suitable for hosting a hostel. There are five main categories of office space. Let's look at them briefly:
- Class A: office space of the highest class. Typically, such offices are located in separate buildings, occupy several floors, are equipped to the latest standards, have their own parking, and often an elevator. These prestigious premises are quite in demand in their class and are not considered as hostel premises.
- class B: the same thing, but a lower class. Such premises are located in new buildings or reconstructed mansions in the capital. Class A offices often move into this category after several years of operation.
- class C: these are office premises leased by industrial enterprises and, as a rule, do not meet the standards of residential premises. Such offices often do not even have ventilation, so the profitability of converting them into a hostel is a big question.
- class D: office premises in buildings requiring major renovation. These are relatively inexpensive areas that are not designed for permanent occupancy. The building may not comply with a number of sanitary or fire safety standards and placing a hostel in them is unacceptable.
- class E: this includes premises not originally intended for offices, but converted due to necessity. These can also be apartments transferred to non-residential stock, basement and semi-basement floors. Excluding options with basement areas, class E offices, if well located, can be considered suitable for a hostel.
