The transfer of a building from a non-residential building to a residential one is required for almost every owner of this property. This procedure provides many advantages to the owner of the building, but at the same time has many difficulties. For its implementation, it is necessary that the construction meets certain requirements or conditions. Upon successful completion of the process, a residential object is formed, which can be used for permanent residence, rental or sale. Often, applicants are people who want to improve their living conditions.
The concept
In the LCD, the concept of both a residential building and non-residential is fixed. In the first case, there is an object that can be used for permanent residence of people. It must be isolated, equipped with the necessary communications and appropriate numerous sanitary conditions.
Non-residential premises are used for various purposes that are not related to people's lives. They can be used to create a commercial enterprise or for domestic purposes. It is allowed that they do not have any communications and heating. Such buildings include various outbuildings and other structures.
When is a translation required?
The procedure for transferring a building from non-residential to residential may be required for various reasons. Non-residential buildings are sought after objects, as they can be used for business or other purposes. If the owner has a need for a residential object, then he can change the purpose and category of his object.
Most often, the transfer of a building from a non-residential building to a residential one is required in the following situations:
- A large company needs to provide its employees with living quarters for permanent residence, but the company has only a non-residential facility that is not used for any purpose.
- There is no need for the owner to use the property for any purpose not related to the residence of people, so all the premises in the building are converted into living rooms.
- Entrepreneurship by a person or company ceases, therefore, a non-residential building is converted into a residential object.
There may be other good reasons to complete this process. It is carried out only with the assistance of state bodies, and also provided that the existing facility meets certain requirements.
What are the requirements?
The transfer of a building from non-residential to housing is possible only if certain significant conditions are met. This issue is being addressed by local authorities. The main such requirements include:
- It is not allowed to have any encumbrance at this facility represented by arrest or pledge.
- If the owner of the premises has not yet paid off the mortgage that was originally issued for the purchase of this property, then it is not allowed to make any fundamental changes to the documents for this property.
- The transfer process cannot be performed by the tenant, since only the direct owner of the property has this opportunity.
- The existing premises comply with numerous sanitary and technical standards, so it can really be used as a place for people to live.
- A fire system is required.
- This building must be connected with all the necessary communications, which include heating, sewage, gas and electricity.
- The facility should be located within a residential area with developed infrastructure.
- The area adjacent to this property must be safe to use.
Even if at least one of the above conditions is not satisfied, then this is the basis for a refusal to transfer. The possibility of translation by a specially created commission that studies all the features of an existing facility is being considered. Therefore, the owner of the premises should initially take care to put the property in order and prepare for the planned process.
When is the procedure prohibited?
The procedure for transferring a building from non-residential to residential in the following situations is not allowed:
- the building is in disrepair;
- the use of this building for residential purposes may harm the health or life of citizens;
- the facility is located in the industrial zone of the city;
- there is no possibility to connect the premises to the most important engineering communications.
Under such conditions, in any case, a refusal to transfer will be received.
Other important conditions
The requirements for transferring a building from non-residential to residential are really numerous. Therefore, other significant conditions include:
- it is often required to carry out a preliminary reconstruction or significant repair work;
- the applicant must have all the necessary documents of title, since only the legal owner of the object can engage in the process;
- redevelopment is required, which must be agreed with the employees of BTI and the local administration of the region;
- if a process is being carried out with respect to an apartment located in a multi-storey building, a positive decision can only be made if this object is located on the ground floor of the building.
If the property belongs to several persons, then the transfer requires the consent of all co-owners.
The nuances of the process
The procedure for transferring a building from non-residential to residential is to perform some sequential steps. The main features of the procedure include:
- apply for translation is necessary in the local administration of a particular city;
- first you need to make sure that the existing object really meets many requirements;
- if necessary, repair or reconstruction is done;
- It is important to prepare for inspections by various state organizations, which must confirm that real estate can be used as the main place of residence of people.
The translation process is free, but you should still prepare for certain financial expenses associated with the reconstruction or receipt of various documents. Amendments to the USRN require payment of a fee.
Stages of the procedure
Initially, you should verify the feasibility and feasibility of transferring the building from a non-residential building to a residential one. Is it possible to complete this process, you can find out in specialized companies offering these services. Employees of the organization will study the object and the available documents, after which they will tell you how to perform the procedure. Some firms do offer paid services for transferring a building from a non-residential building to a residential one. In this case, the company's specialists are involved in all stages and preparation of documents, but the cost of such work is considered high.
Direct translation is divided into stages:
- documents are prepared that are necessary for the administration to determine the possibility of translation;
- an application with other papers is submitted to the local administration of the region;
- if reconstruction or major repairs were carried out, then supporting documents are required;
- application with other documentation is considered within 45 days;
- an objective decision is made by the administration's employees regarding a change in the status of an object or a refusal to carry out this process.
The applicant may be not only the direct owner of the object, but also his agent, who has a notarized power of attorney. The costs required to conduct the process depend on the need for reconstruction and the creation of technical papers.
What papers are required?
Documents required to transfer a building from non-residential to residential, confirming the validity and feasibility of this process, are prepared by the direct applicant. These include the following documentation:
- passport of the owner of the object or proxy;
- power of attorney, if the representative of the owner is involved in the process;
- title documents for the object;
- if redevelopment was carried out, then an appropriate project is needed;
- conclusions of employees of the fire inspection and sanitary and epidemiological station that the facility really meets all the requirements, therefore it can be used for permanent residence of people;
- papers received from the organization of technical accounting;
- other certificates confirming that the object meets different requirements.
Only on the basis of this documentation is the official transfer of the building from a non-residential building to a residential one carried out.
Where to apply?
Many owners of non-residential buildings are thinking about how to transfer a building from a non-residential building to a residential one. How to transfer real estate? To do this, you need to collect documents that are transferred to different organizations in the following ways:
- direct appeal to representatives of the local administration of the region;
- transfer of documents through an intermediary provided by the MFC.
If after verification a positive decision is received, then it is submitted by an official document. It is transferred to the Rosreestr with other documentation for the facility, as a result of which certain changes are made to the USRN. Based on these adjustments, the object becomes a residential building.
How to get a positive decision?
So that as a result of this process a positive decision is made by representatives of the administration, the following recommendations are taken into account:
- if redevelopment is planned, then this procedure is performed with the consent of all co-owners of the facility;
- You can find out exactly how many documents you need directly in the local administration of the region;
- to prepare a technical plan, you should contact the cadastral engineer who is licensed for this work.
If a positive decision is made, then it is fixed in an official document. It is he who acts as the basis for making changes to the USRN. To make sure that there really is now a residential building, an extract from the USRN is ordered, containing information about the parameters of the object.
What are the limitations?
It is not always possible to transfer a building from a non-residential building to a residential one. Often, property owners have to deal with certain difficulties and limitations. These include:
- Only the owner of the premises can perform the procedure, not the tenant or user;
- requires the consent of all co-owners;
- it is impossible to complete the process if there is any burden;
- in some cases, even redevelopment or reconstruction does not make it possible to prepare an object for permanent residence of people;
- it is not always possible to bring different engineering communications to the building.
The documents submitted to the local administration are examined within a maximum of 45 days. The costs that the owner will have to depend on what kind of work needs to be done in the room so that it meets numerous requirements.
Conclusion
Any owner of a non-residential property can try to transfer the building into residential real estate.For this, certain rules and requirements must be observed. The process is performed only when contacting the local administration of the region.
In some cases, translation is not possible, so you need to make sure in advance the feasibility of a reconstruction or redevelopment. To implement the translation, it is required to prepare many documents confirming the compliance of the object with different requirements.