Transfer of residential premises to non-residential: order, conditions

Shops and offices, which are located on the ground floors in residential buildings, have not surprised anyone for a long time. This is due to the fact that the re-equipment of areas for commercial needs is much more convenient than the construction of a separate structure. However, there are certain conditions for the transfer of residential premises to non-residential premises. Consider them.

Legal aspect

To date, there is a special regulation for the transfer of residential premises to non-residential. The main nuances of this procedure are recorded in Art. 22 LCD In accordance with the norm for the conversion, a separately equipped entrance is required, which will lead directly to the street. If the area is more than 100 m², then there should also be an emergency exit. Article 22 prohibits the use of non-residential premises, which can only be entered through an adjacent room, corridor or staircase. In some cases, the law allows the conversion of areas in which there is no separate entrance. But in this case, there must be a potential for its device.

It is forbidden to transfer part of the residential (share) to non-residential premises. That is, you cannot change the status of a separate room in an apartment. The transfer of residential premises to non-residential is allowed in the absence of registered citizens. That is, before starting the procedure, it is necessary to check out of the apartment. The prohibition of the transfer of residential premises to non-residential applies to apartments that are pledged, and which will be seized. If someone has the right to demand the object to pay off the debt, then changing his status will not work. Controlling authorities are very careful to ensure that no fraud is carried out with real estate. If the apartment is located above the first floor, then all the premises that are under it must also be transferred to non-residential. You cannot change the status of an object in an emergency building or in preparation for demolition. The specified conditions apply equally to one and multi-story buildings.

Likely difficulties

The transfer of residential premises to non-residential may be accompanied by certain difficulties in the following cases:

1. The building is an object of cultural and historical heritage.
2. The apartment is not connected to the main engineering and communication systems.
3. The building in which the apartment is located is in a condition unsatisfactory from a technical point of view and needs to be repaired.

Before you transfer the premises to non-residential, you should find out if the building is registered at the headquarters of Civil Defense and Emergencies. This point may affect the value of the property during the examination.

Additional features

The law provides for cases in which there is no need to transfer the premises to non-residential. So, the rules allow not to change the status of the object, if commercial or professional activity does not interfere with other people who are in the apartment, as well as neighbors. For this, the entrepreneur must be registered in it legally. In addition, the apartment must comply with established sanitary and epidemiological standards.

The procedure for transferring residential premises to non-residential

First of all, it should be noted that the procedure takes some time. The transfer of residential premises into non-residential premises is carried out in three stages. All actions have a specific sequence. At the first stage, all the necessary documents are collected and prepared.If the apartment was redeveloped, then it must be preliminarily legalized.

Required documents

To be submitted to the authorized body, the owner or his authorized representative must have:

1. Floor plan and object explication. To receive these securities, you should contact the BTI with a power of attorney. It, in turn, is issued by the Property Management Department, which you must contact with:

• passport or notarized power of attorney to represent the owner;
• sv-vom on state registration of real estate rights;
• agreement on the basis of which the object belongs to the citizen (if necessary).

Paper is issued within a month. She will need to contact the BTI.

2. Technical passport and technical plan of the room. These documents are also provided by BTI. If you have a data sheet, but he is more than 3 years old, you will have to order a new one.

3. Conclusion of fire surveillance, where it is indicated that the facility complies with fire safety requirements. To receive this paper, you should contact the UGPN GU EMERCOM, write a statement on the established model. After its adoption and consideration, the fire inspector leaves for the place where the object is located and makes an inspection. After expert evaluation, a conclusion is issued.

4. Help for the DEZ. It contains information about the purpose of other premises, which are located on the same floor as the apartment, the status of which will change. This certificate is issued by the management company (HOA, Housing Office or Housing Management). To receive it, you need to write a statement to which a copy of the passport is attached and a power of attorney, if the actions are performed by a representative.

5. Sanitary and epidemiological conclusion. To receive it, the owner applies to the SES. An employee of the service as well as a fire inspector visits the site, inspects and then issues an opinion.

Transfer of residential to non-residential premises: the consent of the owners

It is necessary if the object is in an apartment building. It should be noted that consent must be obtained precisely from the owners, and not from all persons registered on the premises. For this, a meeting is being held. You should contact the management company with a statement. The issue may be included in the agenda of the next meeting or the owner may request an extraordinary meeting. In the latter case, it will be necessary to notify each landlord in the house in writing. A meeting is considered legitimate if more than half of the apartment owners are present. The decision to transfer the premises to non-residential will be considered legal if it is taken at least 2/3 of all those gathered. After that, a protocol is compiled.

Additional documents

A technical report should also be attached to the above papers. It is also taken in the management company. To receive it, you need to write an application, attach a copy of the passport and the government of state registration of law. In conclusion, the technical condition of the entire structure will be described. In addition, an extract from the house book should be taken in the passport office. She will confirm the absence of registered citizens in the apartment. This statement is valid for 2 weeks. You will also need to order a project for the reconstruction of the premises. This document is compiled by a company licensed for such activities. It must be said that the above list cannot be considered exhaustive. In each specific situation, other papers may be required. So, for example, if the transfer of residential premises to non-residential premises is carried out by the organization, then the constituent documentation should also be included in the list.

Appeal to an authorized authority

Together with the documents listed above, an application for the transfer of residential premises to non-residential should be provided. The request will be considered within 45 days.At the end of this period, the Interdepartmental Commission shall issue a resolution on the transfer of residential premises to non-residential premises if the owner has complied with all established requirements and submitted documents in full. The authorized body may not satisfy the request. The refusal to transfer residential premises to non-residential must be motivated. The reasons are usually the following circumstances:

• Not all necessary papers have been submitted to the authorized authority.
• The requirements established in the LCD were violated.
• No attempts were made to obtain the consent of the owners or they did not give it.

If the commission did not motivate its actions in any way, then the act can be appealed to the court.

Appeal to the BTI

This is the next step in the procedure. BTI must be contacted to conduct an inventory (cost estimate) of the transfer. The authority should provide:

• Sv-about state registration of law.
• Passport of the citizen, constituent documents of the company.
• Commission Resolution.
• Registration certificate, explication, floor plan.

All these documents are attached to the application. It is written according to the established pattern on the form that the BTI issues. Based on the documents, the commission of the privatization department and the housing administration makes a decision and draws up a protocol that indicates the cost of the transfer. In the calculation process, employees take into account various indicators. In particular, the area where the facility is located, the technical condition of the structure, the ability to use it for commercial activities, the presence of a number of similar areas, ease of operation and so on will be of importance.

Registration of rights

This procedure completes the transfer of residential to non-residential premises. Owners or proxies should contact the MFC with the following documents:

• Sv-vom on state registration of law and the contract basis.
• Passports and power of attorney (if a representative applies).
• Protocols of the commissions (interdepartmental and BTI).
• Constituent documents.
• Cadastral passport of the object.

A receipt should be attached to this list, which confirms the payment of state duty. The registrar accepts documents (copies and originals) and issues a receipt. It indicates the date when you can come for a new certificate and originals of accepted papers. On the appointed day, you must come with a passport and a receipt.

Costs

Changing the status of the premises is accompanied by various costs. In particular, the owner of the object will have to bear the following costs:

• Payment for the activities of the company making up the project for the reorganization or redevelopment of real estate, if necessary.
• The difference in the value of the object when calculated by the BTI commission.
• Payment of the services of a notary public who draws up a power of attorney and certifies copies.
• State duty.
• Payment of the services of the Bureau of Technical Inventory related to the compilation and registration of a registration certificate for the premises, certificates on the difference in the price of the premises before and after changing its status.

Apartment redevelopment

Often the living quarters have to be converted before being converted to non-residential. Redevelopment involves changing the functional purpose of the apartment, rearranging engineering communications, arranging or closing up openings in partitions, ceilings and walls. For any of these actions, you must obtain permission. For this, the MFC should provide:

• Copies of title papers.
• A statement of the proposed work, its duration, mode, as well as the written consent of the management company.
• Floor plan and explication.
• Project documentation for the implementation of work related to load-bearing structures, major floors, walls, elements of common house ventilation and engineering systems.
• An insurance contract in case of damage to neighbors or acts of agreement with them, subject to compensation.

It should be noted that the reconstruction, during which the architectural appearance of the structure (appearance) will be affected, is not directly prohibited by law. Nevertheless, such work, for example, as the installation of outdoor equipment, peaks, bay windows and other things, is considered a reconstruction. This, in turn, requires additional coordination.

Important point

After obtaining permission for redevelopment, no changes to the projects are allowed. In addition, it is impossible to exempt project developers from oversight of its implementation, to prevent inspections of officials. In all such cases, authorization may be revoked. In the process of implementing the necessary construction measures, you should try to avoid conflicts with neighbors, since their complaints about certain actions will not be left unattended.

Work schedule

The law does not allow construction and other activities accompanied by noise, until 8 am and after 20 hours on non-working days, to clutter and pollute passages and places of common use with garbage and materials. Do not tighten repairs as well. By law, work must be completed within 4 months. The date of their beginning and end is recorded in a special journal maintained by a representative of the management company. It must be understood that secret repairs are not possible. At some point, inspectors will visit the apartment and draw up an appropriate act. For violation of the rules and requirements of the law, sanctions will follow. The payment of the fine will be considered the smallest consequence. In case of malicious violations, the owner may completely lose his property.

Conclusion

Changing the status of a dwelling, as you can see, is a rather complicated process and requires certain forces, means and time. However, often this option of using real estate brings a good income. The main thing in all of this is to strictly abide by the law. This primarily relates to documents that must be submitted to authorized services. In all instances they will verify their accuracy. If any matches are found, the satisfaction of a particular application will be denied. In order to avoid various problems with regulatory authorities, all documents should be checked in advance. In particular, experts recommend finding out in BTI whether redevelopment was carried out, and if it was completed, whether it was legalized. This point is relevant for those who have acquired the property and plan to convert it with a subsequent transfer. You can carry out all the activities yourself, or you can contact the company that will take on this work.