Payment for non-residential premises in an apartment building

Major renovation of non-residential premises - what is it?

The definition of major repairs of premises is given in the Town Planning Code of July 18, 2011 No. 215-FZ and in GOST R 51929-2002.

According to these documents, major repairs must meet the following conditions:

  • restoration of exhausted components (with the exception of foundations, frames, load-bearing walls) or their replacement;
  • work to improve operational performance;
  • economically justified modernization, including redevelopment.

Depending on the scope of work, selective and complete, or comprehensive, overhauls are divided.

The first covers only part of the room, the second covers it entirely. For example, repairing electrical wiring and replacing individual parts will be considered selective repairs.

Major renovation of an apartment building: what does it include?

  • a set of works related to the replacement or restoration of individual parts and elements of load-bearing building structures and floors;
  • similar work on building structures or their parts not included in the list of load-bearing structures;
  • restoration, or complete or partial replacement of engineering and technical communications of an apartment building.
  • Based on the information collected about the condition of the house, a comprehensive or selective overhaul will be carried out. In selective repairs, only individual building structures and elements of the building are subject to replacement and restoration, while complex work will be aimed at eliminating the shortcomings of the entire building.

    27 Jun 2020 stopurist 1954

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    Scheme of a successful commercial offer

    A commercial proposal will be successful and become the reason for a transaction only in one case - if it interests a potential customer. Marketers have long developed a successful scheme. It consists of 9 parts.

    1. Greetings. If possible, it should be personal.
    2. The title should be catchy and concise.
    3. Concept - no more than two paragraphs, write only the essence.
    4. Services - you should not put your price list in the text; it is better to attach it in a cover letter.
    5. Benefit - avoid vague formulations, only specifics.
    6. Terms of cooperation - emphasize the benefits for the client.
    7. Additional information - here it is worth mentioning discounts, promotions and sales.
    8. Contacts - write a few words motivating to contact you.
    9. Gratitude.

    Should the owner pay for the maintenance and major repairs of the property?

    In Part 2 of Chapter 34 of Article 616 of the Civil Code of the Russian Federation, the current legislation directly states that the owner must pay for major repairs of the premises being rented out.

    The tenant must maintain the premises in good condition and pay for ongoing repairs if necessary.

    But the devil, as we know, is in the details. The difference between major repairs and maintaining a building in order through ongoing repair work is poorly defined by law.

    The Town Planning Code of July 18, 2011 No. 215-FZ states what work should be included in a major overhaul, and that’s all. There is no other gradation.

    If the lease agreement also does not stipulate the obligations of the parties to carry out certain repairs, then this issue is resolved by agreement of the parties or in court.

    If the tenant carries out major repairs to the building at his own expense, it may have unpleasant consequences in the form of an increase in taxes.

    Paragraph 1 of Article 252 of the Tax Code recognizes as expenses for profit tax purposes only those expenses that are legally justified, which cannot include the fulfillment of the owner’s obligations at his own expense.

    In this particular case, the tenant, according to the spirit of the law, can demand from the landlord, who neglected his obligations to carry out repairs, reimbursement of the funds spent or a proportionate reduction in the rent.

    Prices for finishing work

    In practice, the range of prices for major repairs of non-residential premises is very large.

    For example, in Moscow and the region, the minimum and maximum amounts that construction companies ask for such services differ by six orders of magnitude.

    For regional centers, the most expensive repairs are 15 times more expensive than the cheapest ones.

    Moscow St. Petersburg Regional centers
    Economy class 3-7 2-6 1-6
    Standard 6-13 5-8 3-6
    Elite 7-18 5-16 5-15

    Prices are indicated in thousands of rubles per square meter.

    Be prepared for the fact that the final estimate will differ slightly from the figures given here.

    The exact cost is calculated based on the condition of the premises and the required amount of work, as well as the price and quality of materials.

    Most construction companies have a flexible approach to this issue, giving the customer the opportunity to choose which repair operations will be carried out.

    Their websites have built-in online calculators that can be used to calculate the approximate cost of the required set of works.

    How to make repairs when concluding a lease?

    Often there is an option when the owner rents out a premises that requires repairs.

    In this case, the parties can agree that the tenant repairs everything at his own expense and on his own, receiving financial preferences from the owner for this.

    Most often, these are discounts on rent, the opportunity to use renovated premises for free for a specified period of time, or compensation for all or part of expenses. In some cases, repair work may be a condition for granting the right to use the premises.

    In this case, the tenant’s obligation to carry out repair work is assigned in the “tenant’s obligations” clause, issues of partial or full reimbursement of funds and rent reduction are assigned in the “amount of rent and payment procedure”.

    The paragraph “Responsibility for failure to fulfill the contract and the procedure for resolving disputes” also includes information about the tenant’s responsibility for unfulfilled or incomplete repairs.

    Accrual of one for non-residential premises in mkd

    Electricity supply to common areas is the electricity that is spent on lighting common areas (stairwells, basements, outdoor lighting), operating equipment that is the common property of the owners of an apartment building (pumps, antennas, elevators), as well as intra-house electricity losses, which arise during the transmission of electricity (standard losses). It is necessary to understand: it is not only the lamps in the entrance that consume electricity. Electricity is also consumed by other energy-receiving equipment, which operates constantly.

    The amount of accrual for ODN depends on the presence or absence of a common house (collective) electric energy meter (EDMU) in the apartment building. If an ODPU is not installed in the house, the electricity consumed by the ODPU is calculated based on the size of the total area of ​​the living space occupied by the owner/user and taking into account approved standards. That is, everyone pays their share, calculated in proportion to the size of the area of ​​their apartment or premises to the total area of ​​the house. The share (calculated in square measures) is multiplied by the standard (in kWh/sq. meter) and by the tariff (in rubles). The amount of ODN accrued in such a house will be constant from month to month, unless for some reason there is a change in the ratio of residential to non-residential space in such a house.

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    Interior decoration - distinctive features

    Interior finishing can be carried out simultaneously with reconstruction, but this is not necessary.

    Some people think that these two concepts mean the same thing, but this is not true. The difference is fundamental.

    Interior finishing work differs from major repairs in that it does not involve restoration or replacement of worn parts and communications. And from redevelopment - because the load-bearing walls are not affected.

    Most often, interior decoration only changes the internal appearance of the room.

    LLC - Management company - BRIZ

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

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

    01 Aug 2020 glavurist 838

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    Reconstruction in an apartment building

    Article 1 of the Civil Code of the Russian Federation defines the reconstruction of any capital construction facility as any change to the facility itself or its parts. The difference between residential and non-residential premises is not mentioned.

    However, in practice, the reconstruction of non-residential premises in an apartment building has its own characteristics:

    1. The walls that support the interfloor ceilings should not be moved or changed. Failure to comply with this condition turns the reconstruction into a redevelopment.
    2. If, as a result of work, the area of ​​common premises changes, it is necessary to obtain the consent of all homeowners in this building to carry out the work.

    Coordination with the BTI plan

    The redevelopment of non-residential premises will need to be coordinated with the BTI plan.

    This is a document that is a schematic plan of the premises, on which walls, door and window openings, balconies, partitions, plumbing, ventilation and gas equipment, including stoves, are marked.

    After the work has been completed, it will be necessary to make changes to this plan. To do this, you need to contact the local BTI and provide them with permission for redevelopment and an act of completed redevelopment. After the allotted time, you will be given a new technical passport and BTI plan.

    The procedure for obtaining the consent of apartment owners

    According to clause 6, clause 7, Article 51 of the Civil Code, which describes reconstruction as a change in parameters, parts or quality, and clause 2, Article 40 of the RF Housing Code, which regulates the procedure, in order to obtain the legal right to any reconstruction, it is necessary to obtain the consent of all owners of the given capital construction object.

      If it is planned to reconstruct a non-residential premises located in a residential building, none of the apartment owners should be against it.

      The law allows the owner of a non-residential premises to hold a meeting of all owners of the capital construction project (in the case of an apartment building, residential premises). Clause 5 of Article 45 of the Housing Code of the Russian Federation establishes the criteria, if met, the meeting is recognized as valid.

      1. Notice must be sent to each owner.
      2. It must indicate the initiator of the meeting, its form, agenda, as well as the place and time of the meeting and the procedure for reviewing the materials.
      3. The voting form must include options to vote against or abstain.
      4. The final decision must be documented in a bound and certified protocol, and signatures must be placed on each page.

      Important: Not only the owner, but also the employer can engage in reconstruction.

      To do this, he will need permission from the property owner to make changes and a power of attorney to carry out the work.

      In what cases and with whom should I agree?

      Redevelopment, reconstruction or re-equipment of residential premises must be agreed with the BTI and the local administration in the following cases:

    • During the work, elements of communications and engineering equipment will be replaced with others that differ significantly in characteristics from those installed;
    • the work will affect load-bearing walls;
    • openings for windows and doors will be moved or their sizes will be changed;
    • the dimensions of the premises will be changed;
    • A reconstruction project is required for approval.

    Calculation of electricity consumption: how electricity is charged for general household needs

    Our portal receives a lot of questions from residents of apartment buildings related to the procedure for calculating, charging and paying for electrical energy consumed for the general needs of an apartment building (the so-called electricity of one apartment building). Electricity calculations for ODN began to be carried out from the moment the “Rules for the provision of utility services to citizens”, approved by the Decree of the Government of the Russian Federation of May 23, 2006, came into force. It is immediately worth noting that instead of these Rules, the “Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings”, approved by Decree of the Government of the Russian Federation dated 05/06/2011 No. 354, came into force on September 1, 2012. You can download these resolutions in the “Regulatory Documents” section.

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    IMPORTANT: From July 1, 2020, changes have been made to the current legislation, in accordance with which the owners of premises in an apartment building do not have to pay the amount of one-room tax exceeding the one determined according to the standards for the consumption of utility services for electricity supply for general house needs. The entire amount of excess of the actual ODN over the standard must be paid by the utility provider.

    Where is the best place to order architectural design?

    The project for which the reconstruction will be carried out can be created on your own.

    However, a better result can be achieved if you order architectural design from the design office department.

    This is all the more profitable since many companies undertake all design and construction work, from developing an architectural concept to design.

    Moreover, service packages often include the preparation of all documents for approval and obtaining permission for redevelopment and reconstruction. Prices for these services start from 200 rubles per sq.m.

    Where is the best place to do a design project?

    You can also design it yourself or order it. The following options are possible.

    1. Place an order on freelance exchanges. This is the cheapest option. The cost of a finished design project starts from 2-3 thousand rubles. However, quality can be unpredictable.
    2. Contact a design firm. This is the most expensive, but also the most advantageous option from an aesthetic and ergonomic point of view.
    3. Entrust the design to the same bureau that will do the architectural design of the reconstruction. The advantages of this option are that the final layout of the premises during reconstruction and the design will complement each other.

    As follows from the article, the path from renting non-residential premises to its final reconstruction to suit your needs is not so long.

    It can be completed by one person, or it can be entrusted to third-party organizations, thus saving time and effort.

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