Why do you need a production facility?

Since market relations are currently very developed, the concept of real estate transactions has become very widely used. But in Russian legislation there is no clear concept for such actions, which causes some difficulties.

This problem worries businessmen who want to convert residential real estate into non-residential real estate for business purposes. This question often arises before residents of houses who confuse non-residential premises with common property in the process of calculating utility bills. Read on to learn more about the types and features of such premises.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

Signs

The main features are as follows:

1. 
   Materiality and isolation. Non-residential space, like an apartment, house or room, is a completely isolated object. It has its own walls, floor and ceiling, as well as an entrance.

2. An object is real estate. According to Federal Law No. 122, the document distinguishes the right to state registration and to ownership of a particular premises.
3. The real estate is part of a building (this is a common feature with living space).
4. Property can be registered on a specific land area and cannot be moved.
5. The premises are included in the non-residential stock. It is isolated, despite the fact that it may be located in a residential or non-residential building.
6. The functional purpose is somewhat dual: the property is not intended for human habitation, but is suitable for doing business and being used for production purposes.

Requirements for objects of different categories of functional fire hazard in one structure

Premises with categories F2-F4 are allowed to be located within 1 fire compartment, including various technical rooms. A necessary condition is at least 3 fire hydrants. Cinema complexes with a total number of seats over 300 must be separated into separate compartments and provided with individual emergency exits and staircases in the amount of 2 or more. Each structure should be equipped with:

• systems: automatic fire extinguishing, smoke protection
• alarms
• means of rescue (for individual and general use)
• warning systems, preferably above type 4
• special water supply

The differentiation of objects with different functional categories within one structure is carried out by installing fire partitions, walls and ceilings. During the development of a multifunctional structure project, an important stage is carrying out calculations. It is with their help that you can analyze the accuracy of previously approved decisions regarding space planning work.

Fire hazard classes of building materials

Classification by type of permitted use

Non-residential premises can be used for any activity. If we take into account all types of permitted use, then all premises are divided into the following types:

Office.

It is used to create an organization’s office, and can be located in shopping malls, shopping centers and business centers. It may also take place in a large office building. The office space has characteristic solid walls that separate it from other spaces. It is mandatory to have communications directly in the building (water, bathroom, drain). Trade area.

It can be used for trade, and placed in a shopping center or in a residential building. It does not always have solid walls, but the presence of basic communications not far from such an area is mandatory. They can be designed for a small number of trading platforms. Multi-purpose room.

It is suitable for different types of activities (office, medical services office, sports club, solarium, manicurist’s office, sugaring specialist’s workplace). The room is separate, it has a separate entrance and solid walls that separate it from other rooms. It must also have its own communications, and it can be located in a shopping center or residential building. Stock.

It may take place in an office building or in a sports facility. It is characterized by solid walls that separate it from other rooms. The presence of a separate entrance and basic communications is not necessary, because it is often used to store products or equipment.

Features of class calculation

The functional fire hazard class of a building is determined based on many parameters. You should be guided by two main documents - 123 F3, dated July 22, 2008 and 117 F3, dated July 10, 2012. To assign a fire hazard level to a building, it is important to take into account which rooms of a certain explosive level are present more. The total volume of flammable media that can be accommodated at the facility must be established. How are calculations carried out? To identify a suitable calculation method, the one with the highest possible level of danger is selected. The probability of failure of one of the equipment is also taken into account. All elements of the unit are located indoors; during the entire shutdown time, there is a leak from the pipelines supplying the system. Next, the spilled composition evaporates. In addition, the free space of the object under study is taken into account. After this, the calculation of excess pressure begins. To identify the category, a special formula is used. Some types of categories are established based on a specific group of combustible atoms present in the building. To identify the fire hazard category for residential properties, a calculation is not needed. Based on the class, the number of exits, entrances, fire alarm options and other points that affect the safe stay in the structure are determined.

Class calculation

How is the division by purpose carried out?

The intended purpose refers to the activity for which a particular premises can be used. Based on this criterion, premises are classified into:

1. 
   Production.

   Read also:  Order of the Ministry of Economic Development of the Russian Federation (Ministry of Economic Development of Russia) dated August 17, 2012 N 518 Moscow “On the requirements for accuracy and methods for determining the coordinates of characteristic
2. Trading.
3. Warehouse.
4. Catering facilities.
5. Utilities.
6. Medical.
7. Office.
8. Sports.
9. Educational.
10. Free appointment.

The functional purpose of the room is the presence of design features and technical characteristics that allow it to be used as an independent object. The classification could be like this:

• Basic.
• Technical.
• Communication.
• Auxiliary.
• Attendants.

What difficulties arise in establishing a category?

There are cases when it is extremely difficult to identify the functional fire hazard class. Let's look at the example of the functional fire hazard class of a gas station. Its purpose is to sell fuel, therefore, it is an organization engaged in trade. But there are other types of gas stations where fuel is not sold, but only dispensed. From this we can conclude that the station belongs to the fifth class (F5) warehouse facilities, with equipment installed outside. The control room also belongs to F5 (a design for industrial purposes), and the store itself, installed at a gas station, belongs to F3. It is worth noting that the fire hazard class is assigned to the structure as a whole or to a separate fire sector. But, if you look at the regulations, you can find some clarifications regarding the assignment of categories. Even if there are premises with different areas of activity under the same roof, the rules will be established and put forward based on the main direction of the building in question. Or let's look at another example. The educational institution has a laboratory that belongs to F5, but the safety requirements will be put forward as for F4. For the full and safe functioning of a structure, it is important to correctly establish the functional fire hazard group and timely carry out preventive measures.

Assignment of functional fire hazard class

What are these buildings?

The current legislation of the Russian Federation does not provide a clear explanation of the terms “purpose of premises” and “functional purpose of premises”.

The provisions of the Unified State Register determine the types of permitted use of a particular object. Previously, the functional purpose of a non-residential building was necessarily indicated in the design documentation. But at present, the Law “On Participation in Shared Construction” dated December 30, 2004 No. 214-FZ no longer contains a mandatory requirement to include in the information about a construction project information about the functional purpose of non-residential buildings that do not belong to common property.

Types of structural fire hazards

It is revealed by the degree of participation of certain building elements during the development of fire and the creation of fire hazards. This parameter is directly related to the fire hazard categories of the main load-bearing, barrier elements, for example, flights of stairs. There are 4 categories:

• C0 – structural elements are made of non-flammable materials (non-fire hazardous)
• C1 – low-flammable materials were used during construction
• C2 – residential buildings, fire resistance degree from 2 to 4
• C3 - the main part of structures (with the exception of walls, barriers, partitions, etc.) for which fire safety requirements are not imposed

There are also categories of fire hazard of building structures: K0 - non-fire hazardous, K1 - low fire hazardous, K2 - moderate fire hazardous, K3 - fire hazardous.

Classification of building structures by fire hazard

What are there, list

Let us define built-in, attached, and detached non-residential buildings.

• The built-in non-residential premises are located within the dimensions of a residential building with a protrusion beyond its boundaries of no more than 1.5 m.

• 
  An attached part is a part of a building located outside the contour of its main external walls, which is auxiliary to the building and has one (or more) common main wall with it.

• Built-in and attached is a non-residential premises that is located within the dimensions of a residential building and in volumes extended beyond the dimensions of a residential building by more than 1.5 m.

In Russian legislation, the term “detached building” is not clearly defined by regulations. In legal practice, this term refers to an architectural object that is not united with another building by a common foundation and communications.

What relates to buildings, their functional and purpose

The intended purpose of non-residential premises is determined by the activity for which it is intended.

Below is a classification by intended purpose:

1. production;
2. sports;
3. warehouse;
4. municipal and household;
5. educational;
6. trading;
7. catering enterprises;
8. medical;
9. free appointment;
10. office

The functional purpose of a building means the presence of design features and technical characteristics that allow it to be used as an independent building.

Based on their functional purpose, buildings are divided into the following groups:

• basic;
• technical;
• communication;
• auxiliary;
• serving.

Category calculation

Category calculation is a set of computational measures that allow identifying the hazard category based on an analysis of stored, used, processed media, technological operations and installations. To perform a calculation, you must first collect information (including a plan) about the object in question. Afterwards, take measurements of the walls and ceiling heights in those areas that pose a particular danger during a fire. Next, set the temperature and what material is used as the flooring. Identify the presence of special equipment intended for fire extinguishing, ventilation outlets. The purpose of the calculation is to create appropriate requirements regarding the area under consideration, aimed at reducing the risk of fire, and competently ensuring the protection of people and valuables in the event of its occurrence.

What other objects are not provided for permanent residence?

Non-residential premises - an architectural object or part of it, which, according to its intended purpose, is not intended for permanent residence of people. The belonging of an object to a specific type determines the exercise of the right to a structure and affects its civil legal status.

Based on their use for commercial and administrative purposes, the following varieties are distinguished:

There is a classification of non-residential objects according to their purpose:

• used to generate income (commercial);
• used to create conditions for generating income (industrial as well as industrial).

Consequences of incorrect object classification

A properly established functional fire hazard class for a hospital, school or any other building is a guarantee of security. The list of rules prescribed in the relevant documentation is mandatory for execution and compliance. These rules are determined using a number of parameters, for example, assigning a functional hazard class to a structure. To avoid fire, it is necessary to correctly classify the building in question. It is the verdict rendered that will be taken into account when determining the above-mentioned rules for various institutions. If installed incorrectly, there is a high probability of a fire, since current regulations may not be followed.

Classification by type of permitted use

Non-residential premises are adapted for various types of activities. There are the following types of buildings according to types of permitted use:

1. Retail space used for trading activities. This category of buildings does not always have permanent walls, and may also consist of a small number of retail areas. It is mandatory to have basic communications systems nearby such an area.
2. Office , used to furnish an organization's office. The main features of offices are the presence of capital walls separating it from other buildings. A prerequisite for an office is the presence of communication systems directly in the office (water supply, bathroom).
3. Universal , designed for various types of business activities (office, medical office, gym, beauty salon).
4. Stock. It is characterized by the presence of solid walls separating it from other premises. The presence of a separate entrance and basic communications is not important.
5. Separate premises. This category of buildings has a separate entrance and main walls that separate it from other architectural objects. Communications are a must.

Division into auxiliary and main

Non-residential premises can, depending on the possibility of independent use, be divided into main and auxiliary:

• The main premises are provided for the implementation of the main goals and objectives of the building, in which functional processes take place.
• An auxiliary premises, according to its functional purpose, serves one, several premises or the entire building and cannot be independently used by persons who are not the owners of the building or premises in this building. This category refers to objects that are inextricably linked with the life support systems of the building.

The purpose of auxiliary areas is to serve the main spaces.

In the Civil Code of the Russian Federation, the main and auxiliary objects of non-residential stock are considered in 2 options:

1. in the form of a single complex thing (Article 134 of the Civil Code of the Russian Federation);
2. in the form of the main thing and accessory (Article 135 of the Civil Code of the Russian Federation).

Functional fire hazard categories

Let's consider what functional fire hazard class theaters, schools, hospitals, railway stations and other institutions belong to. How many classes are there in total?

Class 1 – this includes residential buildings. They are operated on an ongoing basis and must be equipped with several independent options for escape routes. In addition, such facilities should be equipped with various fire barriers. Buildings in this group are characterized by the presence of rooms for rest and sleep. “F1” includes buildings where people live (temporarily, permanently), and they are divided into:

• F 1.1 – institutions for people with disabilities and preschool children (orphanages, hospitals, kindergartens)
• F 1.2 – institutions with temporary accommodation of people (hotels, sanatoriums, hostels for workers and students)
• F 1.3 – multi-apartment buildings (high-rise buildings)
• F 1.4 – individual housing building

Class 2 (F2) – establishments with a high level of traffic/attendance, various entertainment organizations that provide their services in open and closed spaces. This group includes:

• F 2.1 – buildings with seating for recreation (libraries, circuses, concert halls, etc.)
• F 2.2 – museums, various dance schools, facilities where exhibition events and fairs are organized
• F 2.3 – similar to F 2.1, but programs are held in open areas (stadiums)
• F 2.4 - similar to F 2.2, but there are programs taking place in open areas

Placement of signs at the facility,
class 3 – this includes structures operating in the area of ​​public services:

• F 3.1 – shopping centers, hypermarkets;
• F 3.2 – canteens, dumplings (catering points);
• F 3.3 – stations, airports, seaports, station structures;
• F 3.4 – medical organizations providing services both at home and in institutions;
• F 3.5 – housing and communal services, savings banks, legal and notary organizations;
• F 3.6 – sports complexes, saunas, institutions where physical education and health programs are organized, etc.

Grade 4 – this category is divided into four more subgroups:

• F 4.1 – educational organizations (technical schools, colleges, etc.) with secondary education;
• F 4.2 – this group includes institutions providing higher education (academies, institutes);
• F 4.3 – scientific, design and newspaper publications, banks;
• F 4.4 – fire station.

Class 5 (F5) – the last group includes the following list of buildings:

• F 5.1 – production, workshop and laboratory structures;
• F 5.2 – warehouse and archival structures, parking complexes intended for various vehicles;
• F 5.3 – agricultural institutions.

As the category decreases, fire safety requirements also increase. Consequently, buildings where people are constantly present or where regular mass presence is observed must be taken under special control by inspection services and designers.

Functional fire hazard class of buildings and structures - table No. 1

Can a building be temporarily uninhabitable and for how long?

According to the norms of the Housing Code of the Russian Federation, residential premises can be transferred to the category of non-residential only if a special procedure provided for by current legislation is observed. The translation procedure is regulated by Art. 22,23,24 Housing Code of the Russian Federation.

Transfer to the category of non-residential premises in a multi-storey building can be made if this apartment is located on the 1st floor of the building. The option of transferring housing to the category of non-residential premises above the 1st floor is also not excluded. But this can be done if the premises under the apartment do not fall under the residential category.

The transfer of residential premises to non-residential premises is also possible when its technical condition does not allow living in it. It is legally impossible to use real estate as non-residential without changing its status and changing its purpose. Premises are transferred from one category to another without specifying a specific period.

It is impossible to transfer residential premises to the non-residential category:

• in case of objections from one of the owners of this object;
• the transferred property is the subject of a mortgage agreement or is encumbered by the rights of third parties;
• the object is used by someone as a place of permanent residence;
• if it is inaccessible without the operation of other objects that provide access to residential premises or there is simply no technical possibility to make access here.

We described in detail here where you need to go to transfer residential real estate to non-residential property and vice versa, what documents need to be prepared and in what cases the re-registration of premises may be refused.

Currently, in domestic legal practice, non-residential premises are often the subject of legal relations. Despite the presence of some legal gaps in the legislation in the field of use of non-residential buildings, strict compliance with the norms of the Civil and Housing Codes of the Russian Federation, as well as other regulations governing legal relations in the field of use of real estate, is necessary.

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If you need to change the type of non-residential real estate, questions arise - where to go, where to start, what to do with title documents, etc.

In the article we will talk not only about the types of non-residential premises and their purposes, but also about how to change the purpose for which the area is intended.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

What is it and why is it needed?

There is no specific definition of a non-residential property, but there are a number of signs that allow an object to be classified as non-residential.

Non-residential premises - real estate, but not necessarily representing separate buildings, but separate parts of buildings clearly delineated by boundaries.

Non-residential properties cannot be used for housing.

A non-residential building may serve as a catering establishment, such as a cafe, restaurant, bar . However, there must be premises used for cooking, storing and cutting food, must comply with sanitary and hygienic standards - be lined with glazed ceramic tiles, have a special floor covering, etc.

Slightly different requirements for medical premises. institutions, and completely different - when non-residential real estate houses a gym, fitness center, kindergarten, office, pharmacy, etc., and not only for san. requirements, but also for fire safety.

Knowing exactly and being able to verify by checking documents that specifically indicate the type of non-residential premises and its purpose is very important when:

The buyer or tenant is looking for non-residential premises for a specific purpose, which will allow them to save money by purchasing or renting the exact area they are looking for, with a suitable purpose and the required finishing.

In the process of preparing paperwork for opening a business, a lot of problems are eliminated if the real estate documents contain records of the intended purpose of the premises that correspond to the area of ​​activity.

When registering for cadastral registration with the State Property Committee (Clause 16, Part 2, Article 7 of Law No. 221-FZ of July 24, 2007), data on the purpose of the premises (residential, non-residential) will also be recorded.

It is very important to prove that the residential building has a non-residential purpose, otherwise the area cannot be used for business.

The rules for maintaining the EDGP, approved by the RF PP dated 02/18/1998 N 219, prescribe an indication of the main purpose of the premises according to the BTI, and clause 67 requires maintaining records of changes.

This means that if you need to change the intended purpose, you should make adjustments in the Unified State Register and State Property Committee database, as well as in your title documents - this is important.

Not only its civil legal status, but also the amount of rent and the purchase and sale price depend on how non-residential premises are designed from the point of view of their intended use.

Now let's move on to the types of purposes of non-residential premises.

Purpose of non-residential premises

The intended purpose of non-residential premises is the type of area, which is recorded in documents and determines the possibilities of use and can serve as a limitation.

Initially, when a building is being built, the purpose is indicated on the floor plans in accordance with the explication, which, upon commissioning, receives its intended purpose, which appears in the documents (based on the project).

Both in a residential building non-residential premises can be allocated, and in individual non-residential buildings, these areas, in accordance with the design documentation, can be named:

• pharmacy;
• store;
• office;
• dental office;
• library;
• entertainment center, etc.

But in each such case, the non-residential object immediately receives a purpose recorded in the documentation.

Basic division of objects

The concept of purpose of non-residential premises is not legally defined . According to the order of the Ministry of Economic Development of the Russian Federation No. 943 dated December 16, 2020. The procedure for maintaining the Unified State Register was approved. Block 3.5, clause 36, subclause 3 of the document states that, according to their purpose, premises are divided into residential and non-residential.

Moreover, the first ones are intended exclusively for one purpose - residence of citizens. The latter are classified according to their intended purpose in accordance with the type of permitted use in the Unified State Register of Real Estate.

Non-residential premises for free use

There is a trick to expand the area of ​​use of real estate by calling it non-residential premises for free use. What is this - non-residential premises for free use?

These are universal objects that can be used by tenants for various activity profiles, excluding special.

Free-use premises (hereinafter referred to as PSN) can have different areas, which, when placing offices or retail outlets, can be easily divided by installing prefabricated partitions and organizing the required number of compartments.

With PSN there are fewer problems when organizing your own business, they are easier to rent and sell, and the cost is much higher than with a specific connection to the purpose of operation.

How to change the purpose of the territory?

Many citizens ask the question: “How to change the purpose of non-residential premises?” Let’s figure it out.

If the new direction of activity does not entail drastic interventions in the layout and design of the premises, then changing the intended purpose of a non-residential property will not be particularly expensive in terms of time or money.

On his own initiative, the tenant is not given the right to change the intended purpose of the property, but only with the consent of the owner or on his instructions, executed by a notary.

For any type of activity, you will need to obtain approval in the form of a conclusion from the State Fire Inspectorate at the level of the district fire inspection department.

Next, it is important to obtain the opinion of Rospotrebnadzor, since this is the body in charge of the dignity. epid. permits, without paper from this body it is impossible to start operating a catering establishment, store, etc. You need to order plans for the rooms below and above from the BTI.

Even if the owner himself is completely sure that the premises are suitable and meet all the requirements of the Resolution of Ch. state rank doctor of the Russian Federation dated 09/07/2001 N 23, then his confidence means nothing without a document from Rospotrebnadzor specialists.

Then you should prepare:

• title papers for the property;
• registration certificate;
• explication, floor plans;
• certificate on the technical condition of the building structures (from the BTI);
• a recent document on inventory value (from the BTI);
• a paper from housing and communal services confirming that there are no debts to pay for utilities.

When starting activities in a new field, it is important not to forget to notify Rospotrebnadzor about this (Article 8 of Federal Law No. 294).