Fine for illegal redevelopment of non-residential premises in Moscow.

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The issue of registration is of interest to many people, as well as those who periodically come to different regions to work, or are citizens of another country.

The state has established strict limits for this procedure, violation of which can lead to large penalties. Some people are interested in whether it is possible to register in non-residential premises, so we will consider this issue in detail.

Is it possible to register in non-residential premises - legislative framework

Registration in non-residential premises - legislation

Registration (registration) means confirmation of the legal fact of a person’s presence (residence) in a certain premises, which, due to its technical and sanitary characteristics, is suitable for living (is residential).

There are currently two types of registration:

permanent, when a particular citizen is the owner of a residential premises and permanently resides in it, such registration is not limited by temporary barriers (indefinite, that is, lasts until the property is alienated);
temporary, it implies registration in a residential building that does not belong to the citizen (is not his property), and is limited to a certain period (from 30 days to 5 years).

The following legislation regulates these issues.

Law of the Russian Federation on registration of citizens of our country and persons who temporarily reside on its territory. This is a fundamental normative act, which gives the concept of temporary and permanent registration, and also regulates the procedure for registration. According to its norms, any person can register only in residential premises. In addition, this regulatory act establishes clear deadlines for registration.
Various Government Decrees that regulate the procedure for registration, the list of documents required for this, as well as the rights and obligations of officials of the Federal Migration Service (they carry out registration).
Code of Administrative Offences. Its norms state that in case of violation of the registration deadlines, a report is drawn up against the culprit, and he is obliged to pay a fine. The amount can range from 1 to 9 thousand rubles.

It is important to remember that administrative protocols for late registration can be drawn up by migration service employees, as well as local police inspectors.

What are the legal requirements for places to live?

The main requirement for a residential property is its suitability for habitation. The full list of requirements is enshrined in Article 15 of the Housing Code of the Russian Federation.

In particular, residential premises must:

Located in a residential area: in apartment buildings or in private areas intended for the construction of a house.
Be safe and convenient for residents to move around both inside and outside.
Be provided with electricity and gas or only electricity, water supply and sanitation, heating, ventilation. In private houses, the absence of running water and sewerage is allowed.
Be protected from precipitation and domestic leaks from engineering systems.
Have elevators if the apartment building has more than 5 floors.

Besides:

The supporting structures and foundation of the house must not be damaged and be dangerous for all residents of the apartment building.
All engineering systems must comply with sanitary and epidemiological requirements, and also be safe for residents and silent.
External fences must be thermally insulated and ensure a humidity level of at least 60% in the entrances and apartments of apartment buildings (in the cold season), and the temperature of heated premises is not lower than +18 degrees. They should not allow cold air to pass through and form condensation.
The height of the MKD must correspond to the structural fire hazard class of the building and the degree of its fire resistance.
The area must be sufficient to accommodate and accommodate residents.
The height of ceilings in rooms and kitchens, depending on climatic conditions, should not be lower than 2.5 m or 2.7 m. In corridors and entrances - not lower than 2.1 m.
The floor level of apartments on the first floors must be higher than the planning level of the ground. It is forbidden to equip apartments in basements and on ground floors.
Bathrooms and bathrooms in apartment buildings should be located one above the other.
Rooms and kitchens should have windows.
The noise level should not exceed 55 dB during the day, and 45 dB at night. Noise from engineering systems should not exceed 50 dB during the day and 40 dB at night.
Walls and partitions between apartments must be soundproofed.
Vibration levels from internal and external sources, as well as the level of infrasound and concentration of harmful substances in the air must correspond to the values established in sanitary standards.

Do I need to register an extension to a house on my own land?

An extension to a residential building must be documented because:

the total area of the object changes. New parameters must be registered in case the house is subsequently sold, inherited, etc. It is important to register a new area in the case of shared ownership of a house, because the size of the shares will change;
During construction, all construction standards must be observed, including setbacks from neighboring areas. In case of violation, the extension may be assigned the status of an unbuilt building. During registration, it is assessed whether the interests of neighbors are not affected by marking the new boundaries of the property on the site plan. To do this, the cadastral engineer draws up a new cadastral passport for the house.

As a general rule, before constructing an extension, it is necessary to notify the authorized body and obtain permission for its construction. But until March 1, 2026, registration of individual housing construction objects can be carried out without such a document, under the dacha amnesty.

Consent of apartment owners

Example of consent of residential premises owners to register an LLC

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Sample consent for LLC registration from the owner of the apartment DOCX, 26 KB

To register a limited liability company at the registered address of the founder or director of the company, for example, in an apartment or house, you need to attach a document confirming ownership or an extract from the Unified State Register to the application for registration. Consent must be obtained from each owner; if one of them is a minor, consent must be obtained from a guardian or representative.

The consent can be written in free form, it must contain the following information:

Title of the document (“Owner’s consent to register LLC”)
Tax office name
Owner's full name, contact phone number
Direct indication of agreement with registration in the residential premises of the LLC
Apartment address
Details of the certificate of ownership
Date of document creation
Signature with transcript

To register a company in a residential premises, the founder (or manager) does not have to be the owner of the apartment, but must be registered in it at the time of registration of the LLC.

Make sure that the address of the selected apartment will not arouse suspicion among the inspectors; to do this, it must meet the following requirements:

Refer to a real existing building in use (demolished buildings, unfinished, non-existent - grounds for refusal of registration)
Refers to a residential building. If a government agency, closed facility or non-residential building is located at the specified address, registration will be denied
Must not be a mass registration address. Even if you or the owners of the premises have not previously registered any organizations at this address, it is still better to check it on the Federal Tax Service website - sometimes legal entities are registered at other people’s addresses by scammers

Please note that the inspection can verify the authenticity of the owner's consent. To do this, tax specialists call the specified contact numbers. Make sure that the owners can be contacted at the time of company registration.

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06/07/2019 | New procedure for transferring residential premises to non-residential premises

Housing in old houses is much cheaper than in new buildings, especially when it comes to the first floors. But there is a certain demand for such residential square meters.

The demand for such housing is among entrepreneurs who buy apartments with the aim of converting residential premises into non-residential stock and further running their own business or renting them out.

Although transferring a fund from one category to another is a time-consuming and costly procedure, it is still possible. The first stage is collecting documents and obtaining permission. If redevelopment is carried out, it must first be legalized.

The interdepartmental commission will require the following documents:. If the housing is owned by several persons, then it is more logical for one owner to collect documents.

To do this, all other persons must issue a power of attorney for him. You can also involve an outsider in the work, for whom a power of attorney is issued. The list of documents described above is not exhaustive, so it is recommended that you first contact your local property management department for advice.

The application review period is 45 days. If the decision is positive, then after receiving the commission protocol in hand, you can proceed to stage 2. Second phase. It is necessary to determine the cost of transferring real estate to another category. To obtain the document, the owners or an authorized representative contact the housing privatization department of the BTI with a corresponding request, attaching all the required documents, including the protocol of the interdepartmental commission.

After receiving the certificate, you will need to pay the difference, which is calculated according to many parameters, depending on the location, layout, category of neighboring premises, and so on.

After payment, the BTI protocol is issued to the owner. Before submitting documents to the commission, you must make a separate entrance, or there must be a real possibility of creating one. If the total area of housing is more than sq. In no case should a non-residential premises have an entrance through the entrance, only an emergency one. It is unacceptable to remove part or a share of the premises from the housing stock. There should not be any registered persons in the housing, it should not be in collateral or under arrest.

If necessary, you can register an LLC at your home address. Also, a citizen who has registered as an individual entrepreneur has the right to use his home to carry out his business activities, without changing the category of real estate.

This could be a psychotherapist's office or a notary, a lawyer. You can carry out business only if several conditions are met:. First of all, problems will arise with the fiscal authorities. The housing inspection may accuse the tenant of violating the rules for using residential premises and impose a fine on the owner.

Even if the neighbors give preliminary consent that the neighbor will receive patients in his apartment, this does not mean that after six months they will not change their minds.

Dissatisfied neighbors can turn to the prosecutor or even to court. As a rule, such disputes end with the entrepreneur being forced to abandon entrepreneurial practice in his apartment. It is dangerous when an entrepreneur has already been warned about the cessation of business activity, but continues it - such housing can be put up for public auction, through legal proceedings. Did you like the article?

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