Hotel residential or non-residential premises
Non-residential real estate - apartments and separate rooms not intended for living. They are most often used to create offices or run their own business.
Such apartments can take place in both residential and non-residential buildings. In this article, we will look at how residential premises differ from non-residential ones, and also discuss whether various objects belong to residential or non-residential buildings. Dear readers! Our articles talk about typical ways to solve 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! Often real estate is divided into residential and non-residential.
- As for non-residential property, it is often used for commercial or public purposes. The need to transfer housing from one fund to another may arise both from entrepreneurs and from other people who want to use the space to create an office.
- Residential premises include premises in which people legally live. These are dormitories, apartment and private houses, a summer house, a garden house. Also, almost all types of hotels are considered to be residential.
If you have such a need, do not sound the alarm once again. The living space has the following signs:
- It is isolated from others.
- Recognized as real estate.
- Fits
- Recognized as suitable for habitation.
A hotel is a residential or non-residential premises
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In St. Petersburg, there is such a practice: to open hotels in residential buildings, for example, on the first floors.
This is how many economy class mini-hotels appeared in our city. If you look into the issue of organizing a hotel in a residential building, many nuances and difficulties arise. They must be taken into account in order to convert a residential building into a hotel.
And, in some cases it is not required. There is order No. 197
“On approval of the regulations on the state classification system of hotels and other accommodation facilities”
. It states that accommodation facilities include hotels, hostels, and models, and a room is one or more residential premises with the necessary equipment and furniture. The Housing Code of the Russian Federation and, in particular, Article 19 defines hotels as housing stock for commercial use. Therefore, deciding what a hotel is (residential or non-residential premises) is irrelevant.
Thus, the following documents speak against accommodation: Decree of the Government of the Russian Federation No. 490 (dated April 25, 1997) “On the establishment of rules for the provision of hotel services” says
How to open it?
In order to open your own small, cozy and hospitable hostel, the future owner needs to take the following steps :
- Choosing a location.
- Choosing a room.
- Business registration.
- Redevelopment, cosmetic finishing and furnishing of the premises. (experts advise not to skimp on beds; such rooms are usually rented for the sake of a bed and paid exclusively for this).
- Competent advertising to attract customers both during the “harvest” season and during the “stagnation” period.
- Recruitment of service personnel.
The hotel is a residential or public building
Contents The word “apartment” has long been part of our everyday life. If at first it meant luxury hotel rooms or spacious apartments in elite residential complexes or simply apartments with panoramic glazing, now apartments mean a very specific type of real estate.
According to the Order of the Ministry of Culture of Russia dated December 3, 2012 No. 1488
“On approval of the procedure for classifying objects of the tourism industry, including hotels and other accommodation facilities, ski slopes and beaches, carried out by accredited organizations”
apartment is two or more living rooms (living room/dining room and bedroom (office)), in an accommodation facility (hotel, motel, holiday home, sanatorium, etc.), with a total area of at least 40 square meters.
m., equipped with everything necessary (appropriate furniture and equipment) for temporary residence. Consequently, the apartment is not a residential premises intended for the permanent residence of citizens and their satisfaction of household needs, because An apartment is a structurally separate room in an apartment building, providing direct access to common areas in such a building and consisting of one or more rooms, as well as auxiliary premises intended to satisfy citizens' household and other needs related to their residence in such a separate apartment. premises (clause 3 of article 16 of the Housing Code of the Russian Federation).
At the same time, in foreign markets, serviced apartments are apartments with hotel services.
What type of building is the hotel?
/ / The classification system for hotels and other accommodation facilities regulates the procedure (a procedure that includes assessing the compliance of hotels and other accommodation facilities with the requirements established in the System and certifying them for the appropriate category).
[20]Hotels and other accommodation facilities are also closely linked to the business, cultural and sports life of the region in which they are located: events such as festivals, sports competitions, conferences, concerts of famous performers attract spectators from various regions. Often, participants in such events simultaneously become hotel clients, thereby emphasizing the interconnection of various components of the tourism infrastructure. [18]4) F4 - buildings of scientific and educational institutions, scientific and design organizations, management bodies of institutions, including: a) F4.1 - buildings of general education institutions, educational institutions of additional education for children, educational institutions of primary vocational and secondary vocational education ; b) F4.2 - buildings of educational institutions of higher professional education and additional professional education (advanced training) of specialists; c) F4.3 - buildings of governing bodies of institutions, design and engineering organizations, information and editorial and publishing organizations, scientific organizations, banks, offices, offices; d) F4.4 - fire station buildings; SNiP 21-01-97* “FIRE SAFETY OF BUILDINGS AND STRUCTURES” p.
We recommend reading: Divorce in the Magistrates' Court; the child remains with the mother
Public building. Hotel
parking areas; The hotel provides a guarded parking lot near the hotel for short-term parking of cars and buses.
The hotel site provides individual parking for disabled people, as close as possible to the entrance to the building, and special devices (ramps, lifts) to ensure accessibility for disabled people in public areas of buildings and hotel grounds. When developing the general plan of the site, the optimal option for placing the building was determined.
The project provides for the necessary landscaping of the territory with maximum preservation of existing green spaces and the creation of new recreation areas not only for guests, but also for residents of the surrounding areas. The design of the entrance pavement to the main entrance, restaurant, and ramps is designed to withstand loads from cars and trucks.
The hotel has convenient access roads with the necessary road signs, a landscaped and illuminated adjacent area, a hard-surfaced area for short-term parking and maneuvering vehicles (including buses). 3. Space-planning solution The space-planning solution of the project is dictated by the functional zoning scheme for hotels. On the ground floor there are the following groups of premises and services: reception and lobby, leisure, consumer services, catering, administration and operation services, service premises,
How to choose property for a hostel?
In order for the hostel to be a success, it is necessary to take into account a number of attractions for the future resident and tourist:
- Availability of interesting places nearby.
- Transport accessibility (there should be bus stops, trolleybus stops, a train station, etc. nearby).
- Availability of parking and convenient entrance to the building.
According to modern changes in GOST, the hostel should be located on the first floor of the multi-story building in which it is located.
It is necessary to take into account that for such premises the provision of light windows is taken into account (one could say, the more of them, the better), but for them the presence of curtains or blinds is mandatory.
Before becoming a business and starting to generate income for your hostelier, real estate must be legally registered correctly and competently, namely:
- Permission from the fire department is required to ensure the premises comply with fire regulations. It is possible that the floor and roof will need to be impregnated with a fire-retardant compound. They will force you to pay attention to fire entrances and exits (even to which direction the doors open there).
- Certificate from Rospotrebnadzor. The premises must fully meet the requirements of the sanitary and epidemiological service.
- Certificate of registration from the Tax Service.
- An agreement for garbage removal, and also for traps for rodents and insects. Or for special treatment of the premises. firms.
- The size of the room corresponds to the established GOST standards for 1 person.
- A lease agreement for premises or a certificate of ownership of the premises.
A separate building in the housing stock as a hotel hotel
I plan to open a psychological rehabilitation center (not a drug treatment center) for 10-30 people in Nizhny Novgorod.
I designed a nine-story building. The first floor is located at level 0.000.
There will be no medical services there. I plan to design it as a hotel (or hostel) with the provision of psychological services. 1) How correct would it be to open an LLC + NPO. The LLC will take money from clients, the NPO will provide psychological services. So that there would be fewer complaints from the regulatory authorities (as advised in the drug industry.
center)? Maybe you can suggest something better? 2) How correct is it to use a detached building in the housing stock for these purposes?
And what will happen to the manager and the LLC and how often? February 25, 2021, 18:23, question No. 1918907 Andrey, Mr.
Nizhny Novgorod 800 cost of the issuequestion resolved Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (4) 20% fee received 10.0 Rating Pravoved.ru 11298 answers 5449 reviews expert Chat Free assessment of your situation Lawyer Free assessment of your situation
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1) How correct would it be to open an LLC + NPO.
The LLC will take money from clients, the NPO will provide psychological services. So that there would be fewer complaints from the regulatory authorities (as advised in the drug industry.
center)? Maybe you can suggest something better? Andrey Hello Well, this is not an option at all.
Firstly, how can this be - the money went to the LLC and the services from the NGO? That is, there must be some kind of interaction between them then.
A hotel is a residential or non-residential premises
Contents The term “apartments” has been actively used in Russia over the past ten years.
And if earlier this concept was fuzzy and vague, today it means an absolutely specific type of real estate. "Apartments" are called:
- Luxury hotel rooms;
- Spacious apartments located in prestigious residential complexes;
- Apartments with panoramic glazing.
Despite the fact that Russian legislation has long given a clear definition of the concept of “apartment”, their legal status is still in doubt among some experts.
“Let’s consider what the pros and cons of the new real estate format are, and we will also try to give an accurate definition of its legal status”
From a legal point of view, the term “apartment” is defined rather poorly by current legislation.
Until April 2011, Rostourism Order No. 86 dated July 21, 2005 (now no longer in force) was in force, according to which an apartment meant a room with an area of at least 40!
square meters, consisting of two or more living rooms and equipped with a full bathroom and kitchen equipment. In January 2011, Order No. 35 of the Ministry of Sports and Tourism of the Russian Federation was issued (which entered into force on April 15, 2011), according to which the apartment cannot be considered as a separate type of real estate.
This word means one of the highest categories of rooms located in accommodation facilities.
The latter include hotels, inns, holiday homes, boarding houses, motels, sanatoriums and other facilities.
Registration with the tax authority
It is necessary to register a business by registering as an individual entrepreneur or LLC, i.e. entity.
The hostelier can choose the type of tax: simplified tax system, simplified tax system, income minus expenses, or UTII. Each type has its own pros and cons; when choosing, you need to start from a combination of unique individual factors of a single business.
In the first two cases, the taxpayer's income limit applies. Also, the tax rate in the first case will be 6%, and in the other two – 15%.
When using the simplified tax system and the simplified tax system for income - minus expenses, it is necessary to use cash register equipment (cash and control equipment); when working under the Unified Tax System, this is not necessary.
SP 257.1325800.2016 Hotel buildings. Design Rules
SP 257.1325800.2016 OKS 91.040.10 Date of introduction 2017-04-21 Information about the set of rules1 CONTRACTOR - JSC "TSNIIEP Dwellings - Institute of Integrated Design of Residential and Public Buildings"2 INTRODUCED by the Technical Committee for Standardization TC 465 "Construction"3 PREPARED for approval by the Department urban planning activities and architecture of the Ministry of Construction and Housing and Communal Services of the Russian Federation (Ministry of Russia)4 APPROVED AND ENTERED INTO EFFECT and put into effect on April 21, 20215 REGISTERED by the Federal Agency for Technical Regulation and Metrology (Rosstandart)6 INTRODUCED FOR THE FIRST TIMEIn case of revision (replacement) or cancellation of this set of rules, the corresponding notice will be published in due course.
Relevant information, notification and texts are also posted in the public information system - on the official website of the developer (Ministry of Construction of Russia) on the Internet. This set of rules was developed in accordance with federal laws [], [] and []. When developing the set of rules, the existing ones were taken into account previously territorial regulatory and technical documents in this area, as well as the requirements of codes of fire protection systems, provisions of current building codes and codes of practice, domestic experience in research and design practice. Code of rules implemented by JSC
"TsNIIEP Dwellings - Institute for Integrated Design of Residential and Public Buildings"
(work supervisor - Dr. Tech.
sciences, prof. S.V. Nikolaev, scientific supervisor of the work - Ph.D. architect, prof. A.A. Magai, responsible executor - Ph.D.
We recommend reading: Decree of the Russian government on complex cadastral works
architect, assistant professor N.V. Dubynin, performers - Ph.D. architect A.O.Rodimov, Yu.L.Kashulina, T.G.Petlakh)
Lawyer Anisimov Representation and defense in court
In St. Petersburg, there is such a practice: to open hotels in residential buildings, for example, on the first floors.
This is how many economy class mini-hotels appeared in our city. If you look into the issue of organizing a hotel in a residential building, many nuances and difficulties arise. They must be taken into account in order to convert a residential building into a hotel.
And, in some cases it is not required. Contents There is order No. 197
“On approval of the regulations on the state classification system of hotels and other accommodation facilities”
. It states that accommodation facilities include hotels, hostels, and models, and a room is one or more residential premises with the necessary equipment and furniture.
The Housing Code of the Russian Federation and, in particular, Article 19 defines hotels as housing stock for commercial use. Therefore, deciding what a hotel is (residential or non-residential premises) is irrelevant. A hotel in a general sense and with a certain status can be both residential and non-residential premises.
There is another question: is it possible for an owner to provide hotel services in a residential building? In this sense, there are certain contradictions in the legislation.
Thus, the following documents speak against accommodation: Decree of the Government of the Russian Federation No. 490 (dated April 25, 1997) “On the establishment of rules for the provision of hotel services” says that a hotel is a property complex that serves to provide services, and it belongs to the enterprise; Civil
What documents are required?
To open and maintain a hostel, no special permits or licenses are required ; all restrictions boil down to the fact that it must comply with:
- fire safety standards established by the relevant services;
- sanitary and hygienic rules;
- maintaining a migration register where data on all resident foreign citizens will be entered.
Plus, it will be necessary to conclude agreements with service companies (for cleaning the premises, removing garbage, carrying out routine disinfection, disinfestation, etc.).
The hotel is a residential or public building
» Contents The hotel is being built according to a project that reveals all aspects of design and technological solutions.
To pass the examination, the project must comply with current design standards and rules. In this material we will talk about the features of hotel design, the basic rules for designing a hotel building and the current standards for the design of hotel complexes (SNiP, SP, GOST, SanPiN).
Drawing up guidelines on this topic is not an easy task.
Its complexity is associated with the abundance of existing regulatory documentation, both new and outdated.
In general, the methods and basic concepts of design have not changed much over the past decades, but modern technologies have appeared, with which a number of old standards have lost their relevance. The use of new materials and equipment increases the reliability of the complex, saves space and resources. Therefore, one of the designer’s tasks is to achieve maximum benefits from the use of suitable technologies and at the same time obtain a positive expert opinion.
The requirements for the project are regulated by the current codes of practice (SP), which are developed and approved by the Ministry of Construction, the Ministry of Emergency Situations, and the Ministry of Health of Russia.
They are constantly updated, refined and changed, and there are situations when one document refers to another that is no longer valid or does not yet exist. You have to refer to both new and old regulations, and also take into account local urban planning regulations.
There are also international norms and rules for the design of hotel complexes, hotels and hotels (International Building Code (IBC)).
Features of the organization
To open your own “residential” business, you must:
- Create a legal entity - LLC or individual entrepreneur. You will have to pay taxes for carrying out such activities. If you plan to open a mini-hotel, you can use the simplified taxation system (STS).
- Next, you need to attend to the selection of personnel:
- there must be a manager;
- administrator who speaks fluent English;
- housemaid;
- technical personnel (plumber, electrician, etc.);
- reservation department;
- accounting;
- marketing department;
- security.
- The hotel management elite must draw up a specific business plan, which will reflect the main idea of the future organization and contain information:
- about the status of the object;
- number of storeys;
- seasonal load;
- state;
- hotel rooms;
- working staff;
- pricing policy, etc.
In the case of organizing a hostel, it is necessary to take into account that the opening of such a business must be legal, i.e.:
- register a company;
- own the premises;
- conduct a fire inspection;
- obtain a positive conclusion from the sanitary and epidemiological station;
- negotiate with a company engaged in garbage removal and the provision of frequent cleaning services (cleanliness is always the weak point of places of temporary residence of people).
Most often, the situation that saves the day is when a good location is chosen for the hostel (historical center, proximity to major entertainment centers, stadiums, etc.). Then it develops successfully and is resistant to any economic situation.
Important! Do not forget about the standards in places of temporary residence of people in hostels: per guest there must be at least 5 square meters. m, for 6 people, at least 1 washbasin, for 12 - one toilet, for 14 - one shower.
Are hotels and apartments classified as residential or non-residential?
Electricity tariff for residential premises MKD non-residential premises Hotels, rooms, apartments are classified as residential or non-residential premises, what tariff should be applied to them? Thank you. November 24, 2017, 09:04, question No. 1823208 Vladimir,
St. Petersburg Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (1) 8.1 Rating Pravoved.ru 9028 answers 2713 reviews Chat Free assessment of your situation Lawyer, Kaliningrad Free assessment of your situation
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Vladimir Good afternoon!
Hotels are intended for residence and accommodation of citizens for a fee - they are classified as residential premises.
Housing Code of the Russian Federation Article 15. Objects of housing rights 1. The objects of housing rights are residential premises.2.
Residential premises are recognized as isolated premises, which are real estate and are suitable for permanent residence of citizens (meets established and technical rules and regulations, other legal requirements (hereinafter referred to as requirements)). ConsultantPlus: note. Form of inspection report of the residential premises of a disabled person and the common property of an apartment building , in which a disabled person lives, approved by the Ministry of Construction of Russia dated November 23, 2016 N 836/pr.
3. recognition of premises as residential premises and the requirements that a residential premises must meet, including its adaptation taking into account, are established by the Government of the Russian Federation in accordance with this Code and other federal laws. (as amended by Federal Laws dated 07.23.2008, dated 25.06 .2012, dated 12/01/2014)
What is the difference in their organization?
- The hotel premises are usually distinguished by more expensive decoration, it is more spacious, the room has:
- private restroom;
shower;
- balcony (almost everywhere).
- A hotel usually provides food services to its guests; for a hostel this is an optional condition, but it is welcomed and acts as an undeniable plus; it is also recommended that the hostel be located in such a way that there is a café, canteen or eatery nearby.
- Hostel premises, as a rule, undergo redevelopment, because... often opens in an ordinary apartment, which has been granted the status of non-residential premises. A hotel is, at best, a mansion; at worst, it’s just a building purchased for business purposes that acts as a full-fledged complex. Those. Size, in this case, also matters.
The hostel is inferior in this regard: several people live there, the amenities are not in the room, and you can talk about beautiful views from the window if the room is located in the city center (and even then not always).
Is the hotel a residential or public building?
- 2.1 Hotel in a residential building - everything is according to the law
- 3.1 Dormitory
