Converting a residential building to non-residential: how to change the purpose of a room, a house in its entirety or part of it, what documents will be needed? YurExpert Online

The procedure for transferring housing stock to the status of non-residential premises is specified in Art. Art. 22 – 23 Housing Code of the Russian Federation

The basic rules for transferring residential premises to non-residential premises and back in an apartment building are prescribed in Art. Art. 22 – 23 Housing Code of the Russian Federation. In the current version, Part 2 of Art. 22 of the RF Housing Code states that it is impossible to change the status of a premises to non-residential if:

it does not have a separate entrance and it is impossible to equip such an entrance;
it is part of the living space;
someone permanently lives in it;
it is burdened with the rights of any persons.

A residential premises can become non-residential if it is located on the ground floor or above, but only if the premises below it are also non-residential (Part 3 of Article 22 of the RF Housing Code).

If everything specified in Art. 22 of the Housing Code of the Russian Federation, the conditions are met, then the owner of the residential premises must apply to the local government body with an application to transfer the apartment to the status of non-residential premises. He must attach to the application documents certifying ownership: originals or notarized copies (Part 2 of Article 23 of the Housing Code of the Russian Federation).

At the same time, in accordance with Part 2.1 of Art. 23 of the Housing Code of the Russian Federation, the owner may not provide the municipality with title documents, as well as the registration certificate of the premises and the floor plan of the apartment building, if information about the premises is included in the Unified State Register of Real Estate. The LSG body is obliged to independently request them.

If reconstruction or redevelopment is necessary to transfer an apartment to non-residential premises, then the owner must attach to the application a completed draft of such work (clause 5, part 2, article 23 of the Housing Code of the Russian Federation). The municipality cannot require any other documents from the owner (Part 3 of Article 23 of the Housing Code of the Russian Federation).

If the local self-government body makes a positive decision to change the status of the apartment, then it must notify the owners of the premises adjacent to such an apartment (Part 5 of Article 23 of the Housing Code of the Russian Federation).

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Procedure for changing the purpose of an object

The law allows the transfer of residential premises or buildings to non-residential ones. The basic requirements for this procedure are enshrined in Art. 22 – 23 Housing Code of the Russian Federation.

Our experts have prepared materials for you on how to convert non-residential premises into residential ones, as well as what is included in the package of documents for changing the status of housing and how to write an application.

Where should I contact?

To change the purpose of a premises, the municipal authority is required to make an appropriate decision. Which local government organization will do this depends on local regulations. Typically this is the city property department, housing commission, or other similar body.

The commission will check whether housing transferred to non-residential stock meets the mandatory requirement:

Location on the first floor of an apartment building. It is also possible to transfer apartments located above, but only on the condition that the underlying premises do not belong to the residential category.
A separate entrance or the ability to equip it without violating construction and technical standards. In an apartment building, this means that you need an entrance from the street, and not through the entrance.
Isolation. The object is translated only as a whole. The Housing Code of the Russian Federation directly prohibits the transfer of only one room in an apartment.
Lack of registration of any citizen in this premises.
No encumbrances on housing.
The premises are not located in a dilapidated or dilapidated building.
The transferred object is not part of a rental social housing building.
The premises will not be used for religious purposes. This norm, enshrined in Part 3.2 of Article 22 of the Housing Code of the Russian Federation, has been in effect since 2021 - and therefore is still little known.

In addition, if during the transfer it is planned to reconstruct the premises, affecting the common property of the apartment building, permission will be required from the remaining co-owners of the building.

What documents will be required?

The list of documents that are submitted to the commission is enshrined in Art. 23 Housing Code of the Russian Federation . In addition to the application itself, it includes:

Passport of the owner, or passport and power of attorney of the representative.
Documents confirming ownership of the premises (extract from the Unified State Register of Real Estate, purchase and sale agreement, etc.).
Technical passport for the facility.
If a room in a multi-storey building is being transferred, then a floor plan for the building will be required.
Redevelopment project (if necessary).

Moreover, if the building has been registered in the Unified State Register of Real Estate according to the new rules established by the Federal Law “On State Registration of Real Estate”, only documents confirming the identity and authority of the applicant, as well as the redevelopment project, are sufficient.

The municipal commission will request everything else from Rosreestr independently in the manner of interdepartmental interaction. However, to speed up the review procedure, the applicant has the right to submit these documents on his own initiative .

The commission is expressly prohibited from requesting other documents not included in the above list under Part 3 of Art. 23 Housing Code of the Russian Federation.

Read more about how to change the status of housing and what documents are needed to transfer residential premises to non-residential ones here.

Duration and cost of the procedure

According to Part 4 of Art. 23 of the Housing Code of the Russian Federation, the maximum period for transferring premises from one target category to another is 45 days from the moment the application and accompanying documents are received for consideration.

The municipal body makes one of the decisions:

On permission to transfer a residential property to the non-residential category.
About the ban on such translation.

The notification is issued on a form approved by Decree of the Government of the Russian Federation No. 502 of 2005.

Whatever decision is made, it must be brought to the attention of the applicant no later than 4 days. In the event that documents were submitted through the MFC, this period is increased by 1 day: time is required to transfer the documentation from the municipal authority back to the MFC.

The specific cost of the entire translation procedure includes:

Payment for the production of documentation (redevelopment project, technical documentation in BTI, etc.).
Payment for notary services for certification of necessary documents.
State duty for registration of an object.

The exact amount of costs will depend on prices in the regions, the amount of work required and other factors. In general, the person conducting the transfer needs to be prepared to spend from 200 thousand to half a million rubles, and in Moscow or St. Petersburg - up to 800 thousand and above. In the same case, if the services of specialist intermediaries are used to carry out the procedure, you will need to add the costs of paying for them.

You can find out how to convert residential premises into non-residential premises and vice versa and how much it will cost here.

The new law will oblige apartment owners to obtain the consent of the OSS for its transfer to non-residential premises

The current rules will be tightened in connection with the adoption by the State Duma of the Russian Federation in the third reading of bill No. 542922-7. At the time of writing, it had already been approved by the Federation Council of the Russian Federation and sent to the President of the Russian Federation for signing.

After the law is signed and comes into force, in order to transfer residential premises to non-residential premises, the owner will need not only to provide a separate entrance to the premises, but also to exclude the possibility of access to it through the rooms and corridors that are used to enter the residential premises of the house. That is, when converting an apartment into an office, the owner will have to, in fact, wall up the door that leads to the entrance.

Not only will the conditions for transferring the residential premises of an apartment building into non-residential ones be added, but also the list of necessary documents in accordance with Part 2 of Art. 23 Housing Code of the Russian Federation. The owner will be required to provide the local self-government body with:

OSS protocol, in which the transfer of residential premises to non-residential status was approved;
written consent of each owner of all apartments adjacent to the future non-residential premises.

Consequently, without the demand of the majority of apartment owners in apartment buildings, it will no longer be possible to transfer one of them to the status of non-residential premises. If at least one neighbor refuses such a transformation of the adjacent living space, then it will no longer be possible to convert the apartment into non-residential premises.

The Supreme Court of the Russian Federation on the redevelopment and reconstruction of premises in an apartment building
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Conversion of a non-residential building into a residential one: in what cases can it be refused?

The documents specified in Article 23 Part 2 of the Housing Code were not submitted;
The terms of translation provided for in Art. 22 Housing Code of the Russian Federation;
The redevelopment and reconstruction project does not comply with legal requirements;
A number of other cases.

To avoid unpleasant situations that may disrupt plans for the use of your property, entrust the translation procedure to the specialists of the architectural bureau “World of Projects”!

If you need to agree on the transfer of non-residential premises to residential ones or, conversely, to transfer residential premises to non-residential ones, we will help.

The approval procedure is not as simple as it might seem, and it is difficult for an ignorant person to understand all the vicissitudes of the issues. The fact is that there are a lot of nuances in the legislation that permit or prohibit translation - and without knowledge of these nuances, you easily risk losing precious time and money.

In addition, during the translation process it will be necessary to collect and prepare a lot of documents and papers, on the basis of which, in the end, the final decision on approval will be made.

Please note that the approval of the transfer to residential/non-residential stock is carried out by the MVK Department of Housing Policy and Housing Fund of Moscow.

Time limit for obtaining permission to transfer to a non-residential property from the Interregional Institutions Committee of the Department of Housing Policy and Housing Fund of Moscow: from 4 to 6 months

. This is due to the fact that before receiving the main document approving the translation, it is necessary to undergo step-by-step approval in a number of specialized authorities.

Here are the main coordinating authorities:

1) Main Directorate of the Ministry of Emergency Situations of Russia for Moscow; 2) Office of Rospotrebnadzor for Moscow; 3) State Unitary Enterprise "GlavAPU" (Main Architectural and Planning Department of the Moscow Committee for Architecture and Architecture); 4) State Unitary Enterprise “Mosgorgeotrest” (“Moscow City Trust for Geological, Geodetic and Cartographic Works”); 5) Author of the house project; 6) DEZ (“Directorate of a single customer”); 7) GU IS (State Institution of Engineering Service); Moszhilinspektsiya (“State Housing Inspectorate of the City of Moscow”), etc.

The approval process in each of these departments has its own nuances, so it is simply impossible to do without experience in interacting with employees of these departments.

According to the Housing Code of the Russian Federation, approval of a transfer from residential to non-residential stock should be refused in the following cases:

If the premises are part of an integral residential premises or are used for permanent residence; - if access to the premises being transferred is impossible and there is no technical possibility to equip this access; - if the ownership of the transferred premises is encumbered by the rights of other individuals or legal entities (in particular, if the premises are the subject of a pledge).

The following requirement is established for apartments in residential multi-apartment buildings. To transfer one of them to non-residential premises, it is necessary that it be located on the first floor, or above the first floor (provided that there are non-residential premises above it).

Regarding the transfer of non-residential premises to residential premises, the following conditions apply:

The premises being transferred must meet the requirements for residential premises under the current legislation of the Russian Federation; - ownership of it should not be encumbered by the rights of third parties, individuals or legal entities.

We also note that in accordance with the Decree of the Moscow Government of October 25, 2011, when installing a separate entrance (including when transferring from residential premises to non-residential premises), a decision of the general meeting of owners of residential and non-residential premises in apartment buildings on transfer to use of part of the common property (at least 2/3 of the total area of residential and non-residential premises of the house).

What documents will you need in order to approve the translation?

1. Application from the owner or authorized person to transfer the premises. 2. Documents confirming the right to the premises being transferred (originals or notarized copies). 3. Floor plan, its technical description. When transferring a residential premises, you will also need its technical passport. 4. Floor plan of the house: “floor plan of the first floor, premises adjacent to the apartment”, “plan of the second floor of the premises located above the apartment”, “plan of the basement located under the apartment”. 5. Project of reconstruction and (or) redevelopment, prepared in accordance with the established procedure (if any are required).

For additional questions, please contact our specialists.

Dear friends! We provide a wide range of services for the design and coordination of various documentation regarding the redevelopment of real estate in Moscow. Our employees have undergone good training in real estate, design, and construction organizations and have accumulated a wealth of experience in their field. Since 1995, we have resolved hundreds of issues, simple and complex, so today we confidently declare: “With us you will save your time and money.”

Regardless of the type of real estate and the fund to which the building belongs, the house may contain premises not intended for residential use. These could be rooms allocated for a warehouse, store, office, etc. The owner of non-residential premises has the right to use it for its intended purpose. He can also convert it into an apartment and transfer such a property to the housing stock.

If the owner equips a non-residential premises for an apartment and puts it in order, taking into account all the standards for living, then it will still be impossible to live in it until the premises are converted into housing stock. If these conditions are not met, the owner will not be able to register in such living space either permanently or temporarily. It is also impossible to carry out legal transactions with real estate, since sale, exchange, rental and other procedures will be prohibited. This can only be solved by transferring non-residential premises to the housing stock, preparing the necessary documents for this and submitting them to local authorities.

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The owner will be required to obtain written consent from the owners of adjacent premises

In Art. 23 of the Housing Code of the Russian Federation, a separate part will appear, which will describe in detail which premises are considered adjacent and how its owner must express his consent to the transfer of the neighboring apartment to non-residential premises.

Any room that has a common wall with an apartment changing its status, as well as those located above and below it, will be recognized as adjacent. The owners of all these premises must express written consent to the transfer of the apartment to non-residential premises. Consent is given in any form.

In written confirmation of consent, the owner of the adjacent premises must include:

last name, first name and patronymic, passport details - for individuals;
name and main registration number – for a legal entity,

as well as the number of the premises belonging to him and details of documents confirming ownership.

A separate quorum of the OSS will appear in the Housing Code of the Russian Federation on the issue of transferring the housing stock to non-residential premises

Since in order to transfer the premises to non-residential status, the owner will need to provide a copy of the minutes of the general meeting held in the MKD on this issue, Bill No. 542922-7 will make appropriate amendments to the articles of the Housing Code of the Russian Federation regarding the conduct of the OSS.

Thus, the competence of the general meeting of owners includes a decision on consent to the transfer of residential premises to non-residential premises - in Part 2 of Art. 44 of the RF Housing Code will be included in clause 4.5.

Part 3 of Art. will also undergo an important change. 45 of the RF Housing Code on the quorum of the general meeting. Currently, the OSS is always considered competent under one condition: if owners with more than 50% of the total number of votes took part in it.

According to bill No. 542922-7, clarification will appear in this part of the RF Housing Code. If a meeting is held on the issue of transferring residential premises to non-residential premises, the quorum will depend on the number of entrances in the house:

in a house with one entrance, the OSS will be valid if the owners who have more than 2/3 of the total number of votes in the house participate in it;
in a house with two or more entrances, for the legitimacy of the OSS, the owners who have more than 50% of the votes of the total number of votes in the house must take part in it, including the owners of the premises in the entrance of which the transferred premises are located, who have more than ⅔ of the votes of the total number votes of such owners.

It turns out that an owner who wants to convert a residential property into a non-residential one will be able to do this only if at least ⅔ of his neighbors at the entrance come to the meeting, and all those present cast 50% + 1 vote in favor. The corresponding condition for making decisions at the OSS will be included in Art. 46 Housing Code of the Russian Federation.

Owners of non-residential premises and fees for maintaining public buildings in apartment buildings
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Keep in mind

After the new federal law comes into force, the procedure for transferring residential premises in an apartment building to non-residential ones will change:

Changing the status of an apartment will require the consent of the general meeting of owners, which will be legitimate with the participation of at least ⅔ from the owners of the premises in the entrance where such an apartment is located.
All owners of all premises adjacent to the specified apartment must give written consent to the transfer.

It should also be remembered that the reconstruction of a living space - for example, installing a new entrance in accordance with the requirements of Part 2 of Art. 22 of the Housing Code of the Russian Federation - when using part of the common property of the owners of an apartment building, it also requires that the owner of such premises bring the issue to the OSS. When reducing the area of the common property of the house, he will need the consent of 100% of the owners in the house.

In the absence of the specified documents, including OSS protocols, the use of residential premises as non-residential or its reconstruction will be illegal.

PS The bill was signed by the President of the Russian Federation, registered as Federal Law No. 116-FZ dated May 29, 2019, and will come into force on June 9, 2019.

How to convert an apartment from residential to non-residential? 2021

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It follows from the law that a residential premises is considered to be something that is isolated and belongs to real estate. The apartment or house itself must be suitable for human habitation, and therefore comply with certain sanitary and technical standards. It is worth noting that there is no definition of non-residential premises as such, although if we proceed from the norms of the laws that regulate this issue, we can conclude that non-residential is an isolated object in which it is simply impossible to live. Although it will also apply to real estate.

A significant difference between these two concepts is that people can live in a residential building, but it cannot be used for commercial and entrepreneurial purposes, while non-residential premises are suitable for opening a cafe or office.

If we talk about the structure that will deal with the transfer of apartments from one fund to another, then this is often done by the property management committee, the housing policy department of your city or district, and so on.

This procedure can only be carried out if certain conditions are met. If your premises do not comply with them, then it is unlikely that you will be able to do anything about it.

Such conditions include the following:

No citizens should be registered in the property;
Encumbrances from third parties are not allowed;
The premises cannot be part of a specific residential building;
The property must not be mortgaged or seized;
The person who decided to transfer the premises from one fund to another must be the direct owner of the property;
The apartment itself must be on the ground floor, or only non-residential objects can be located above it. Although it is allowed when the apartments above also belong to the same owner;
The house itself should not be considered unsafe or be in line for major reconstruction;

Although this cannot be said to be the entire list of conditions. There are others that are mandatory. For example, it is necessary to be able to arrange a separate entrance and disconnect some types of communications and gas supplies.

Before starting the procedure, you will need to collect a certain package of documents to submit to the housing fund of your city.

These include:

Application for withdrawal to a non-residential fund. It is important to understand that the law does not provide any clear conditions for its writing, so it can be compiled in any form;
Documents of title for an apartment or house, which are often such as a certificate of ownership, a will, a purchase and sale agreement;
Floor plan and technical report from BTI;
A project for the future reconstruction of the premises, if it is required for further business activities. In this case, it is necessary to indicate the company and the name of the engineer who led the project, and a license to carry out the reconstruction of a non-residential property.

Despite the fact that the application is drawn up in any form, there is still a number of mandatory information that you will need to indicate in the document:

Passport details of the apartment owner;
Data of the legal entity that represents the interests of the entrepreneur;
The applicant’s registration and residence address, contact details, passport details;
A document damaging the ownership of the premises;
If the interests of the owner are represented by another person, then it is necessary to show the power of attorney and indicate information about it in the application;
Information about the absence of encumbrances, debts, etc.;
Address of the property;
If redevelopment is to be carried out, then you need to indicate which one, attach a work plan and briefly describe future work;
The purpose of transfer from residential stock to non-residential stock;
List of documents that you attach to the application.

After you submit all the documents, you will receive a statement confirming their acceptance for consideration. It is worth noting that we have described the entire list, which means you have no right to demand others from you, no committee has the right.

After the relevant authority has received the entire package of documents from you, you will receive a corresponding statement with the date the procedure was started. You should receive an answer to your question no later than in a month and a half. Within three working days after this, the applicant will be sent a special letter by mail, which will indicate a decision on whether you can remove the property from the housing stock. If it turns out to be positive, then you need to begin the procedure for registering rights to non-residential premises.

It also happens that the decision states that you must carry out redevelopment, and indicates which one. Then, after the repair, a certain act will be drawn up, and then you will also be able to register ownership of the object.

There can be no other reasons, so immediately take care that such problems do not arise. If the period for making a decision on withdrawal is longer than normal, then you can demand a trial in court.

You will only need commissioning when rebuilding the property. Don't forget about registering your property rights. Without this, the premises will not have a legal owner.

It is worth remembering that no one will be able to change the status of your apartment and convert it into a non-residential property if you, as the owner, do not give your consent, and a certain body in your city does not approve the project. At the same time, the local municipality is not considered the body that can make decisions.

To refurbish a property and build a separate entrance, you will need to go through a certain number of procedures and also collect some documents.

In fact, this process is quite complex and requires a lot of effort and care. You will need a lot of documents to transfer to a non-residential fund; you will have to bypass any inspection. Although the result is worth it, because in the end you will get a premises to start your business. And this option is much cheaper than renting or buying a separate building.

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 contact the online consultant form.

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Or call us by phone (24/7):

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Do you want to make a store out of your own apartment? Turn your office into a place of permanent residence? The legislation provides for both options. This material will tell you where to go, what documents to prepare, what and how to do.

When opening a small business, rarely does anyone dare to build commercial real estate from start to finish. Renting also does not appeal to everyone. Despite a number of advantages, you cannot bring all your ideas to life on rented square meters. The solution to this problem for many is to buy apartments on the lower floors of high-rise buildings and arrange offices in them. The procedure for removing square meters from the housing stock is not intimidating in its complexity, but its own is still closer than the most popular business centers. True, there are some nuances in this matter. If you fall under several restrictions, you can easily receive a negative response to a request to convert a residential premises into a commercial one.

However, there is also the opposite situation. For example, you inherited an apartment that was once removed from the housing stock and was used for quite a long time for business purposes. If you have neither the desire nor the ability to continue the business, and what’s more, the housing issue has not been fully resolved, you can consider the option of returning the square meters back to the housing stock. This procedure will be almost identical to that which occurs during withdrawal, however, there are a number of significant requirements specifically for the premises themselves. They are determined by sanitary, hygienic, technical and similar standards that apply specifically to housing. Many will argue that it is easier to sell such an apartment and buy another one in return. However, situations in life are different, and the option of putting the premises back into the housing stock should not be discounted. Moreover, the legislation does not prohibit such developments.

This is interesting: Decree of the Government of the Russian Federation No. 491 of August 13, 2006. 2021

If you live in Russia, then the minimum set of legal knowledge should be based on the norms of the Civil Code. The truth is, when it comes to housing, GC is not the best help. In the case of converting square meters intended for human habitation into the category of commercial real estate, as well as the reverse option, you should first of all turn to the Housing Code. He will answer most questions regarding the procedure for applying to the relevant authorities, conditions of refusal, and many others. An entire chapter, number 3, is devoted to these points, namely articles 22 to 24.

Another code that will answer some questions regarding design, construction and obtaining various permits is the Town Planning Code. Its standards must be observed during any other construction-related activities. In terms of transferring square meters from housing to the category of commercial real estate, the Civil Code should be read when installing a separate entrance and designing any internal and external changes. Those who use printed publications to fill in gaps in legal norms should purchase a new edition, as changes appeared in it in 2013, and the next edition will come into force from the beginning of 2014.

When transferring commercial real estate to the residential category, you should also familiarize yourself with the norms of the Government of the Russian Federation No. 47 of January 28, 2006. This document will shed light on what properties the transferred premises should have.

Local documents should not be neglected either. Of course, it will not change the requirements of the Housing Code or federal laws, but it may establish some features of filing applications or simplify the procedure for making a decision specifically for your region.

Before attempting to remove any area from the housing stock, you should check whether it falls under one of the following points:

the premises do not have their own entrance, and it is not possible to organize it (example: to enter the hairdressing salon being created, you will have to use the common entrance, which is intended for the passage of residents of the house to the apartments);
after being transferred to the category of commercial real estate, the premises will continue to be used as housing (it is impossible to simultaneously make a home and an office from one room);
the right of ownership to areas removed from the housing stock is somewhat limited (example: used as collateral for a loan taken from a bank and not repaid at the time of filing the transfer application).

As for high-rise buildings, mainly the lower floors can serve as objects for output. This is due to the technical complexity of arranging a separate exit. It is rare to see a truly worthy solution for lifting visitors to the 3rd and higher floors without using platforms, the direct function of which is to organize passage to the accommodation. Undoubtedly, there are buildings that offer such options, but there are disproportionately fewer of them.

For multi-storey residential developments there are additional restrictions regarding commercial real estate. You can convert them into non-residential:

objects on the ground floor (apartments, groups of apartments, apartments with basements, etc.);
objects located on the second floor and above, provided that there is also a commercial premises on the floor below, for example a bank office or some kind of exhibition hall.

You can turn an unnecessary office into a place for people to live, provided that all the requirements listed below are met. Namely:

a commercial premises that is planned to be a place of residence for people must be located in a residential area (meaning that buildings or rooms located on the territory of the plant cannot be considered suitable for habitation, regardless of whether they meet the other parameters or not);
load-bearing walls, partitions, enclosing structures must be intact, not threaten to collapse and not have a deforming effect on the building as a whole;
the arrangement of the premises should eliminate the risk of injury (ceiling height, width of passages and doorways, steps, etc.);
the premises must be fully connected to all necessary networks (gas, electricity, sewerage, heating, water supply - depending on their availability, no one in the village will naturally require centralized heating or water supply);
equipment and mechanisms, as well as engineering systems, must comply with sanitary and hygienic standards (example: it is not allowed to combine kitchen and bathroom ventilation shafts with living rooms; fans and motors of mechanisms must have acceptable levels of noise and vibration);
all equipment installed in the premises must comply with safety requirements;
the temperature of the heated room in winter should not drop below 18 degrees;
the premises must be excluded from the possibility of flooding by precipitation and melt water;
if suddenly your office or any other commercial property turns out to be higher than the fifth floor, then it can only be recognized as housing if there is an elevator in the building;
the premises itself and the building in which it is located must comply with fire safety standards;
the room should be sufficiently illuminated by natural (sun) light;
the floor level of the room must be higher than the ground level (basement or semi-basement type premises are not suitable for habitation);
the location of kitchens and bathrooms above rooms is not allowed;
the room should not allow unacceptable levels of noise from outside;
the room should not contain a level of vibration, electromagnetic radiation or infrasound higher than the maximum norm for housing;
the content of harmful impurities in the air of premises for human habitation should not exceed the permissible norm.

It makes no sense to rewrite all the norms of SNiP, SanPiN and other documents establishing technical requirements for premises that will subsequently become housing in one article. The list will be quite impressive. You can find out whether the premises have any shortcomings already during the translation. If the premises have inconsistencies that can be eliminated by redevelopment or reconstruction, then a documentary refusal on this basis will be a legal permission to carry out the latter. This is confirmed by paragraph 8 of Article 23 of the LC.

In order for a commercial premises to be recognized as residential or a former residential premises to be used for business activities, the first step is to collect all the necessary documents. The list of papers is not too long. Some of them may not be provided at all if the right to the square meters in question is registered in the Unified State Register of Rights to Real Estate and Transactions with It. Despite this, we will still list a complete list of required papers.

The first thing you need to provide is an application. Its form with examples of completion can always be found at the authority responsible for the translation.

The document that must first be attached to the application is a document confirming your right to premises. It is attached in the original or as a copy, but with mandatory notarization. As mentioned above, if the Unified State Register contains information about your right to premises, then this document is not required.

The next paper on the list of applications is the floor plan. For apartments, when converting them into commercial real estate, you can use a technical passport. For a commercial premises, it is necessary to prepare a plan with a detailed description of the technical characteristics, on the basis of which it will be possible to make a preliminary conclusion about the suitability of such a place for human habitation.

A floor plan of the house is also required to make a decision. It, like the previous item on the list, may not be provided, however, if such documents are in the hands of the owner of the premises, it is recommended that they be submitted along with the application. This will simplify the work of the body responsible for the translation and somewhat speed up the procedure.

If the transfer requires redevelopment or reconstruction, then the project with the developed solutions should also become an annex to the application. This point is not left to the discretion of the applicant, and in the absence of a project among the submitted documentation, the requested procedure may be refused.

This is interesting: Fines for failure to post information in the Housing Information System for 2021

Additionally, written consent of all owners is provided if the premises have several of them.

Now let's talk a little about the sequence of actions. After preparing a package of documents, it is submitted to the local government body for review. If some papers are missing, they are requested additionally, and after they are fully completed, they are considered. If there are no complaints about the documents, specialists go to the site to check the compliance of the premises with the transferred papers. After this, a decision is made. The total review period should not exceed 45 calendar days. Once the decision is made, the local administration has three more working days to process and send it.

The transfer of premises may be refused in several cases:

The documents attached to the application are not sufficient to make a decision. Please note that the authority responsible for the translation cannot require documents not included in the list described above. However, the transfer of an incorrectly executed document or one that does not correspond to reality will lead to refusal for this very reason.
The second option for refusal can be obtained by sending documents to the wrong organization. This happens quite rarely and happens when papers are sent by mail. By bringing all the documents in person, you will avoid such a refusal, since they simply will not be accepted at your address. Yes, and on the spot it will be possible to correct the shortcomings of the application, if any.
A refusal, which puts an end to attempts to transfer the premises, is issued due to non-compliance with mandatory conditions. This may be an attempt to recognize as housing a completely unsuitable premises, for example an underground bunker.
The last option of refusal is issued when redevelopment is required to convert commercial space into residential space or vice versa, but the design of these changes is missing or made with violations. You can read more about this in our other article.

Finally, it should be said that any decision of the local administration, including the refusal to transfer commercial real estate to residential real estate and vice versa, can, and often even needs to be appealed in court. For example, if you submitted all the documents, but they demanded additional data from you, if in your opinion the commission unlawfully refused to recognize the redevelopment as complying with the standards. True, judicial practice is increasingly on the side of local governments in the case of such proceedings. Perhaps the reason for such decisions is people’s ignorance of the laws of their country and their appeal to the court with requests to recognize as lawful things that are fundamentally contrary to regulations.

Conclusion from the housing stock: what is the benefit for the business buyer?

An apartment on the ground floor somewhere in the city center is the best option for creating your own business. Transferred from the category of residential to non-residential, the premises can be used as an office, store, beauty salon, hairdresser... An apartment converted into non-residential premises will cost the entrepreneur less than buying a ready-made commercial property.

Conclusion from the housing stock: what is the benefit for the seller-owner?

Property on the ground floor of a residential building, as a rule, costs relatively less than residential premises located on the middle floors. The price difference can reach up to 10%. And the so-called “pre-sale” withdrawal from the housing stock could significantly increase the cost of the property being sold.

Despite the possibility of additional benefits for the seller of an apartment when transferring the property from residential to non-residential, withdrawal from residential

and the subsequent sale of the property is not as common a scheme as it might seem at first glance.
Why? The withdrawal from the housing stock
is still a complex and rather lengthy process, requiring professional knowledge, investment of funds and time-consuming. In addition, an apartment transferred to the category of non-residential premises sharply narrows the circle of possible buyers. It should also be taken into account that for premises converted from residential to non-residential, different electricity prices apply. Therefore, in practice, most often we are dealing with a situation where a residential apartment is purchased with the aim of further removing it from the housing stock by the new owner. It is likely that the entrepreneur will need to redesign the premises so that it best suits the assigned tasks; the changes made can be simultaneously agreed upon when preparing documents for the removal of the premises from the housing stock.

What needs to be taken into account when removing premises from the housing stock

In accordance with the Housing Code of the Russian Federation (Article 22. Conditions for the transfer of residential premises to non-residential premises and non-residential premises to residential premises), the transfer of residential premises to non-residential premises is not allowed

, If:

1. Access to the premises being transferred is impossible without the use of premises providing access to residential premises, or there is no technical possibility to equip such access to this premises;

2. If the transferred premises are part of a residential premises or are used by the owner of this premises or another citizen as a place of permanent residence, and also if the ownership of the transferred premises is encumbered with the rights of any persons.

Thus, if it is impossible to organize access to an apartment being removed from the housing stock without using, for example, a staircase (which provides access to other apartments in the entrance), a separate entrance to the apartment is required - most often it is made from a window, balcony or loggia.

Transferring an apartment in an apartment building to non-residential premises is permitted

, if the following conditions are met: 1. The apartment is located on the first floor of the building (it can be higher, but there should be no residential apartments below it). In exceptional cases, it is possible to change the functional purpose of the entire building, as well as its reconstruction with a separate entrance.

2. No one is registered in the apartment.

3. The house is not in disrepair. 4. Neighbors living in adjacent apartments do not object to the removal of this apartment from the housing stock and are ready to confirm their consent in writing.

5. The scope of activity of the future company is permitted by SNiPs (when using the premises after its transfer as non-residential premises, fire safety requirements, sanitary and hygienic, environmental and other requirements established by law, including requirements for the use of non-residential premises in apartment buildings, must be observed).

If the apartment being removed from the housing stock meets all of the above requirements, then you can begin to prepare the documents.

Documents required for the removal of premises from the housing stock

To transfer residential premises to non-residential premises, the owner of the premises must provide the following documents to the local government:

1) an application for the transfer of premises, indicating the profile of the future non-residential premises;

2) title documents for the premises being transferred;

3) a plan of the premises being transferred with its technical description (technical passport of the residential premises);

4) floor plan of the house in which the premises being transferred are located.

If an entrepreneur envisages carrying out redevelopment, redevelopment or other work necessary to use the premises as non-residential, before contacting the housing committee of the mayor's office, he must prepare a working draft for the redevelopment and (or) redevelopment of the transferred premises, prepared and executed in the prescribed manner .

If all documentation is in order, the materials are submitted to the interdepartmental commission for consideration.

Based on the results of consideration of the provided documents, the body carrying out the transfer of premises makes one or another decision on the issue of removing a specific object from the housing stock.

A negative conclusion can be issued only on the grounds provided for in Article 24 of the Housing Code of the Russian Federation.

In case of a positive decision, a corresponding order of the mayor is issued, on the basis of which the entrepreneur is notified of the decision made - according to legislative norms, 45 days are allotted for this procedure. Three more days are provided for notification of owners of premises adjacent to the property in question.

A document notifying the transfer of residential premises to non-residential premises is the basis for using the transferred premises for non-residential purposes, and the commissioning of the premises is not required. Acceptance for operation of the transferred premises is carried out only in the case of redevelopment, reconstruction or other work necessary to use the premises as non-residential (it is noteworthy that previously this stage was necessary in any case).

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The procedure for withdrawing from the housing stock has been completed, but a very important final stage remains: it is necessary to secure ownership of the property, taking into account the changed status of the premises. The documents obtained as a result of the withdrawal from the housing stock will serve as the basis for registering ownership rights with the Institution of Justice, now for non-residential premises.

The judicial method is used when the issue cannot be resolved administratively. Most often, entrepreneurs who have already redeveloped the premises and are using it as non-residential, but have not formalized this legally, resort to legal action.

When all the documentation is ready, you need to submit it to the district administration; in Moscow, this is handled by the Department of Housing Policy and Housing Fund. The administration is given up to 50 days to make a decision on the possibility of transferring the premises to non-residential use. In case of refusal, the decision must be justified by an article of the Housing Code of the Russian Federation, however, if the documentation is in order and all the conditions listed above are met, there will be no refusal. A positive decision is accompanied by an order, of which the entrepreneur is notified within 45 days.

To transfer a residential premises to a non-residential property, the owner (his authorized representative by power of attorney) must provide a package of documents to the body carrying out the transfer of premises in Moscow, for example, the Department of Housing Policy and Housing Fund of Moscow. Here is a list of documents required to start the procedure:

There is a general procedure for transferring residential premises to non-residential premises, fixed in the Housing Code of the Russian Federation; details of the process can be found in the acts of the bodies of the constituent entities of the Russian Federation, since this issue falls within their competence. Let us dwell on the general procedure for transferring residential premises to non-residential premises.

It is now clear that transferring an apartment to a non-residential property has not only obvious benefits in the form of a sevenfold profit, but also unpleasant disadvantages. For the expected profit to become a reality, several years must pass, so the owner of the premises needs to be patient.

the apartment is not on the ground floor of the building and there are living quarters underneath it;
someone is registered in the apartment;
your future activity in some way contradicts the requirements of fire, sanitary and hygienic or environmental safety;
it is not possible to organize a separate entrance to the room, different from the common staircase.

According to the Housing Code of the Russian Federation (Article 22. Conditions for transferring residential premises to non-residential premises and non-residential premises to residential premises), in order to formalize the removal of premises from the housing stock, you will need to collect the following package of documents:

5. The body carrying out the transfer of premises, no later than three working days from the date of adoption of one of the decisions specified in part 4 of this article, issues or sends to the address specified in the application to the applicant a document confirming the adoption of one of these decisions. The form and content of this document are established by the federal executive body authorized by the Government of the Russian Federation. The body carrying out the transfer of premises, simultaneously with issuing or sending this document to the applicant, informs the owners of the premises adjacent to the premises in respect of which the specified decision was made about the adoption of the specified decision.

9. The completion of the reconstruction, and (or) redevelopment, and (or) other work specified in Part 8 of this article is confirmed by an act of the acceptance commission formed by the body carrying out the transfer of premises (hereinafter referred to as the act of the acceptance commission). The acceptance committee’s act confirming the completion of the reconstruction and (or) redevelopment must be sent by the body carrying out the transfer of premises to the body or organization that carries out state registration of real estate objects in accordance with the Federal Law of July 24, 2007 N 221-FZ “On State Real Estate Cadastre" (hereinafter referred to as the Federal Law "On the State Real Estate Cadastre"). The acceptance committee's act confirms the completion of the transfer of the premises and is the basis for using the transferred premises as residential or non-residential premises.

This list, depending on the property that is planned to be removed from the housing stock, may change and expand. For example, when constructing a separate building with a plot, the results of a topographical survey and a layout diagram of the facility, agreed upon with the Department of Architecture and Urban Planning, will be required.

Transferring premises from residential to non-residential is a long and complex process that requires costs, both material and physical. For more information about the issues that you will have to resolve during the paperwork process, as well as useful tips on this topic, read the article “Recommendations of a specialist for removing real estate from the housing stock . Do you have enough time and energy to run through authorities for more than six months, stand in line, collecting a lot of all the necessary documents?

Converting residential premises to non-residential premises is a very profitable investment in real estate. This service is in demand among entrepreneurs purchasing residential property (an apartment on the lower floors of a high-rise building or a separate house) in order to place a store, office, hairdresser, computer club, etc. It is prohibited by law to use residential property for commercial purposes, so translation in such cases is required.

An equally important factor is that the removal of an apartment from the housing stock can only be carried out with the written consent of the neighbors. In addition, housing cannot be converted into a collection point for glass containers or non-ferrous metals, a sauna, a bathhouse, a funeral agency, a dry cleaner, etc.

But even at this stage all procedures do not end. You will need to contact the BTI with a request to measure the new premises. Then the State Commission approves an act according to which your apartment will be allowed to be used as a non-residential property. And finally, at the city hall you will receive permission to move the apartment into non-residential premises, and at the BTI you will be given a new plan.

Before converting an apartment into a non-residential property, the owner initially needs to realistically assess the attractiveness of the apartment's location for tenants, the development prospects of the area, its infrastructure, the availability of parking zones, transport links, distance from the center and much more. If you have made the final decision, then by contacting our office for help, you will receive fully qualified support in carrying out this procedure in accordance with the stages regulated by law.

At the time of application, you must be the sole owner of the apartment intended for change of legal status.
The apartment should not be mortgaged or under arrest.
Documentary confirmation is also required that no person, including the owner, is registered in this apartment.
This procedure is not carried out if the residential property is recognized as unsafe and requires major reconstruction and repair work.
The change in legal status applies to all premises of individual apartments.
The property must be located on the ground floor. If the property is located above, the legal status of the apartment can be changed only if the premises located underneath are non-residential.

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