Transfer of premises from commercial to residential

How to redesign a room or building?

The question of how to convert non-residential premises into residential premises arises for many people who own an unused warehouse or production site. The procedure for changing the status of an object is quite lengthy and troublesome.

The procedure and conditions for transferring a building from non-residential to residential are determined by the Housing Code of Russia, in particular, Articles No. 22 of this regulatory document. Re-designation of the purpose of the premises is carried out according to a special algorithm.

The owner of a real estate property needs to go through a number of stages:

• expert assessment of the structure. Performed by independent specialists. Makes it clear whether it is possible to change the status of the premises;
• development of project documentation. The house must meet all requirements. The project is submitted for verification to government agencies that deal with such issues;
• carrying out redevelopment in accordance with the developed and approved project;
• organization of inspection of the structure for compliance with all requirements and standards. The commission includes representatives of Rospotrebnadzor, local administration, and fire control. As a result of the inspection, the commission issues a certificate to the owner of the property stating that the premises are suitable or not suitable for habitation;
• registration of a new technical passport for real estate;
• collection of documents to change the status of the premises;
• filing an application to transfer a building from non-residential to residential;
• getting permission. It is a document stating that the premises comply with all norms and regulations and are residential;
• making necessary changes to Rosreestr;
• obtaining new documents for the facility.

The deadline for receiving a decision is 45 days after the application.

Where to contact?

Local government bodies deal with issues of changing the status of premises .
In megacities, with an application to transfer a non-residential building into a residential building, you must contact the territorial administration, the Department of Urban Affairs or the Housing Department of the Municipal Property Department. In small cities, applications are submitted to executive and district authorities. For example, in Moscow, issues of re-registration of the status of an object are considered in the departments of housing policy and housing stock, design and approvals.

To make changes to the Unified State Register of Real Estate, you need to contact Rosreestr. You can also visit the Multifunctional Center. This structure is an intermediary between Rosreestr and citizens of the country.

How to write an application correctly?

At the state level, the application form for changing the status of the premises has not been approved. However, it is better not to draw up such a document in free form. Government agencies that are involved in re-registration of premises have a specific sample application.

Typically, the document contains the following information:

• sender and addressee data;
• information about real estate;
• purpose of use of the building;
• address of the object location;
• Attached documents;
• links to articles of the Housing Code of Russia;
• date and signature of the applicant.

The drafting example may vary depending on the region. Therefore, you should request an application template when contacting a government agency.

A sample application for changing the status of the premises is available.

What documents are needed?

When planning to transfer premises from non-residential to residential, you need to prepare a package of documents in advance. It is recommended to find out exactly what papers will be required from the government agency that deals with re-registration of the status of buildings.

The standard set of documents includes:

• statement;
• civil passport of the owner of real estate;
• purchase/sale agreement, gift or other document of title;
• technical and cadastral passports;
• extract from the Unified State Register of Real Estate;
• certificates from authorized services stating that the building complies with the standards and requirements for permanent residence of people.

Additionally you may need:

• premises redevelopment project;
• notarized consent of the property owners;
• power of attorney.

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Can a transfer be refused: reasons

Often, when contacting a government agency, the owner hears a refusal to provide a service. There are several reasons for this phenomenon; you can find out about them in Art. 24 Housing Code of the Russian Federation.

So, on what basis can they refuse to re-register an object:

1. Consent was not obtained from other apartment owners.
2. Lack of necessary documents.
3. The building is in emergency status and unfit for human habitation.
4. Gross errors in design documentation - often the plan does not take into account the characteristics of housing, fire safety and sanitary standards.
5. The property is listed as collateral with the bank.
6. There is no way to create an entrance or emergency exit.
7. Inconsistency in the status of the land, for example - you cannot open a store, office or spa on a plot of land for individual housing construction.
8. There are no ownership documents.

Unfounded reasons can be challenged in court. This is often the only way to convert a commercial property into a residential property. It is much more difficult with an apartment, especially if children are registered/live in it.

The process of converting from non-residential to residential real estate is time-consuming. The new rules oblige to take into account the consent of neighbors, the intended purpose of the object and technical parameters. Commercial premises have certain requirements, residential premises – others. The procedure is not cheap. The main expenses will be on the reconstruction of the premises.

Many owners decide to convert a commercial property into an apartment, or vice versa, on their own. At first it seems that everything is simple, but in fact the process can cause a lot of inconvenience: queues at the authorities, unprofessionalism of designers, difficulties in collecting documents, refusal of the administration, dissatisfaction with neighbors. Is it worth wasting time on an already complex operation? If you want to avoid unnecessary problems, contact our lawyers. They will help you resolve problems, sort out documents, obtain permission from the Ministry of Emergency Situations, SES, or challenge a refusal to transfer. Consultations are free and do not obligate you to anything. Contact us for help, we will solve your problems!

Watch a video about the main stages of converting a residential premises into a commercial property:
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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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Causes and consequences caused by non-compliance with the law

Residential premises are intended only for residence by owners, members of their families or tenants. Failure to comply with the lawful use of premises can have a number of consequences. Namely:

• fine;
• in case of misuse of residential premises by the owner and violation of the rights of other residents, the owner of the property may be deprived of all rights to own real estate;
• If a legal entity violates the rules regarding the maintenance and transfer of residential premises to commercial premises, a fine is provided.
• when people permanently reside in non-residential premises, an administrative fine is provided for non-compliance with sanitary and epidemiological requirements.

The fine may be as follows:

1. To a legal entity in the amount of 10-20 thousand rubles or suspension of its activities for a period of 90 days.
2. For an individual entrepreneur in the amount of 1-2 thousand or forced suspension of activities for 3 months;
3. For an individual in the amount of 500 to 1000 rubles.

Transfer of real estate to housing stock

To transfer a property from non-residential to residential, it must meet the following requirements:

• insulation of the room, the presence of window and door openings;
• availability of heating, sewerage, water supply, electricity and main walls;
• compliance with the standards established for residential premises.

Submitting an appeal

An application for transfer should be submitted to an interdepartmental commission, which will make a decision regarding the application. The application is accompanied by a list of documents:

1. passport;
2. documents confirming ownership of property;
3. redevelopment project;
4. conclusion of all authorities;
5. floor plan, explication and plan with description;
6. legal entities will also need constituent documents.

Deadline for receiving a decision

Waiting for a decision to be made also takes about 45 days. The interdepartmental commission issues a protocol indicating their consent to the transfer of real estate or refusal.

Failure may be caused by the following:

• restrictions on the right of disposal;
• unsuitability for habitation;
• lack of engineering networks and infrastructure;
• location of the object relative to the city limits.

Differences between commercial real estate and residential real estate

The purpose of real estate may vary. Hence the differences between a commercial and residential property.

Residential real estate - represented by multi-storey or private houses in which people live (Article 15-16 of the Housing Code of the Russian Federation). Moreover, if the housing meets all the requirements, then the residence of people is not seasonal, but year-round. Residential real estate is privately or municipally owned by individuals or legal entities. For example: a 2-room privatized apartment in an apartment building or a private house on the outskirts of the city.

The concept of “commercial real estate” does not exist in the law. It means non-residential premises, so...

Commercial real estate is non-residential premises presented in the form of a building, part of a building, structure or land. The main purpose of such objects is to make a profit from doing business or renting out. Examples: stationery store, business center, production workshop, warehouse, garage, hotel, apartments.

The main difference is that residential real estate is suitable for permanent residence and registration of citizens, while commercial real estate is not suitable.

The law prohibits the use of residential property as commercial property, and vice versa . You cannot equip a production workshop in an apartment. An exception may be the activity of an individual entrepreneur “at home”, for example, a lawyer, tutor, nanny, artist, programmer, etc.

For the use of residential premises in violation of its intended purpose, a fine is provided - from 1,000 to 1,500 rubles (Article 7.21 of the Code of Administrative Offenses of the Russian Federation).

Prohibition on changing the status of real estate

The Housing Code contains requirements that indicate the impossibility of transferring real estate from one fund to another under certain conditions - more precisely, their non-compliance.
Article 22 directly specifies clear requirements for residential premises, and failure to comply with these requirements makes the transfer of premises simply impossible.

So, it is impossible to change the status of a room that:

• Limited right of disposal, i.e. consists of a pledge, a mortgage, or has already been leased, encumbered with the rights of third parties (temporarily or permanently).
• Unsuitable for habitation - i.e. does not meet the requirements and standards.
• The premises are already residential.

Stages of transferring real estate from commercial to residential

After submitting the application and all documents, they are reviewed for 45 days (no longer) and a decision is made. After making the appropriate decision, the authorized organization issues a document about this to the applicant - and all owners of neighboring premises are notified about the adoption of such a decision.

This is done to obtain their permission if it is necessary to carry out any work to reconstruct the facility. After all the necessary changes have been made and the corresponding acceptance certificate has been issued by the commission, which is sent to the special registration authorities (cadastral).

And this document completes the transfer of the premises, as a result of which a premises passport (cadastral) is issued and appropriate changes are made to the ERPN. The result of the translation is the receipt of a repeat Certificate of Title - a document of ownership.

The video story will tell you what needs to be done to convert non-residential premises into residential ones

Conversion of part of the premises into residential

There are times when there is a need to make only part of the entire area residential. And this is possible, as the Housing Code tells us. But even here there are certain requirements and conditions, which include cases when the non-residential premises themselves are a continuation of another that will be transferred. It may become so after certain redevelopment work is carried out. As an example, we can consider the connection of an attic space with a living space. The same goes for any utility room. If it complies with the standards, then even a separate part of it can be translated.

If you think that you were denied illegally or for any housing issues, an experienced lawyer will give free legal advice over the phone.

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How to convert residential premises into commercial ones?

It is much more difficult with the transfer of an apartment or private house. Here you need to take into account the requirements for non-residential premises. They are somewhat simpler, but they have their own specifics.

Where to start?

First, as in the previous version, it is necessary to assess the conditions and requirements for commercial facilities.

In order to transfer housing to the category of non-residential premises, it must be located on the first floor of an apartment building . There may be apartments higher, but it’s not so critical. If there is commercial real estate on the floor below, the chances of transfer increase even if the object in question is located on the 2nd, 3rd, 4th and other floors.

But it is impossible to convert only part of the apartment into a non-residential property. And technically it is too difficult - you will have to cut a window, make an entrance, partitions, etc.

A mandatory condition is the removal of all residents of the apartment, including its owner. Registration in commercial real estate is prohibited (GD No. 47 of January 28, 2006). We'll have to look for alternative living space. If there are children in the apartment, the consent of the guardianship authority is also required. The process is slow, and if the child is provided with worse living conditions, refusal will follow. It is best if there are no minors among the co-owners of the apartment for transfer.

Procedure

The instructions are the same as described above - there are no special differences:

1. The owner needs to order a renovation project , wait for it to be completed and complete the paperwork. Next, they are submitted to the architecture department of the city administration. From there the decision comes on the issue - to allow the transfer or to refuse the applicant.
2. Having received permission , the owner or his representative contacts the Sanitary and Epidemiological Station, the department of the Ministry of Emergency Situations and the housing supervision authority. There you need to get permission to rebuild. Department officials will check whether the housing can be converted into a commercial property. If they give the go-ahead, we can start working.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

The list of documents is identical, with the exception of the minutes of the meeting of homeowners. The general meeting is held in advance, at the request of the entrepreneur-owner. You can contact the building manager or notify residents by mail/advertisement/media. Along with the voting results and the list of participants, you will need a floor plan of the 1st floor. This should include the premises adjacent to the apartment. You will also be required to plan the second floor, basement or attic space.

1. After the administration issues an acceptance certificate , you can begin to register the object . If you act through the “My Documents” MFC, you will not have to visit Rosreestr. The information will be sent to the Unified State Register of State Registers for interdepartmental cooperation. Next, all you have to do is come to the MFC and pick up the completed documents.

List of documents

Changing the status of the premises requires the preparation of the following documents (Article 23 of the RF Housing Code):

• passport;
• application for change of status;
• title documentation (in originals or copies certified by a notary);
• reconstruction project (documented in accordance with the procedure established by law);
• floor plan of the house (if the premises are located in an apartment building;
• minutes of the general meeting (if the object is located in an apartment building);
• personal written consent of all owners of adjacent apartments;
• extract from the Unified State Register of Real Estate.

In accordance with the law, a citizen may not provide a number of documents (floor plan, extract from the Unified State Register, title data). They can be requested as part of interdepartmental cooperation.

Important! To speed up the process, it is advisable to prepare a complete package of documents yourself.

Algorithm of actions

It is necessary to clarify that regardless of what change of status occurs, the decision on the transfer is made by the owner. The tenant or user is not granted such rights.

The translation procedure is almost identical. It includes:

1. Ordering a redevelopment project.
2. Preparation of a reconstruction plan and other documents.
3. Obtaining permission from the authorized body.
4. Carrying out redevelopment.
5. Conducting an examination by a specialized commission to issue an expert opinion.
6. Ordering a technical passport of the object.
7. Submitting an application to transfer the status of the premises to the authorized body.
8. Making changes to Rosreestr.
9. Receiving a new extract from the Unified State Register of Real Estate.

From this moment on, your premises receive the necessary status.