How to convert a private house into a non-residential property. Transfer of an apartment to non-residential premises (office, retail premises). How does the procedure differ from the reverse one?

Last updated February 2019

The first thing you should know is housing cannot be used for commercial activities. If you decide to organize a small business and use the area of ​​a residential premises that belongs to you as a starting point, then it is necessary to remove the object from the residential stock, that is, to officially make it non-residential.

Where to start?

First of all, prepare documents for re-registration of the premises:

• legal documents (certificates, contracts, court decisions). Their copies must be certified by a notary.
• registration certificate It is issued by BTI.
• plan of all floors of the house. You will also receive the plan from the BTI.
• reconstruction project. It will be required if further reconstruction or redevelopment will be necessary for the use of non-residential premises. It is better to entrust the preparation of the project to an organization that has a license for design activities (and is a member of the SRO of designers).
• if there are several owners of the apartment, then notarized consent of all other owners is required to transfer the apartment to commercial real estate, and entrustment of this procedure to one of the owners.
• power of attorney from the owner, if the transfer issue will be handled by another person by power of attorney.
• if the apartment belongs not to a citizen, but to a legal entity, then its constituent documents are required (copies must be notarized).

Let us roughly identify three stages of the re-registration procedure

STAGE 1

Having a basic package of documents in hand, you should submit the documents to the administration or to the multifunctional center. You submit an application (the form will be provided to you on site) and attach to it the documents listed above. Requesting additional documents at this stage is illegal.

Within a month and a half, based on the application, a decision will be made to transfer the residential premises, or to refuse the transfer (we will consider possible reasons for a negative response below). Having a decision on transfer in hand, the premises can be used as non-residential, but only if there is no need for reconstruction or redevelopment.

When converting residential premises into non-residential premises, there is a number of features:

• The location of the housing is on the ground floor. Re-registration of apartments located on the second or third floors is allowed, provided that only non-residential premises will be located directly below this residential premises. So, you can easily place your office on the second floor of the house if there is a grocery store on the first floor.
• You cannot transfer only a part or share to non-residential residential apartment. For example, you cannot change the status of one of the rooms in the apartment.
• A separate entrance is required, or the technical ability to make independent access in the future. For example, the presence in an apartment of windows facing the courtyard allows you to equip an entrance from the courtyard. If the room is more than 100 m2, then there must be an emergency exit.
• The premises should not be subject to liens or other encumbrances.. So, if you decide to remove the apartment that you purchased with a mortgage from the housing stock, you will not be allowed to do this, since the apartment will be the subject of collateral with the bank. You will have to postpone your plans until the mortgage is fully repaid and the mortgage on the apartment is terminated.
• The house is not in disrepair and does not require major repairs, reconstruction or demolition. It is more difficult to refurbish premises in a building of cultural and historical value. Approval from the Committee for the Protection of Cultural and Historical Monuments will be required.
• It will be necessary to discharge all residents from this premises in advance. Some difficulties may arise here, for example, obtaining approval for discharge from the guardianship and trusteeship authorities when the co-owner of the apartment is a minor.
• Presence of illegal redevelopment in the apartment. It will be necessary to take care of its registration in advance.

In addition, problems may arise when converting residential premises to non-residential premises in the following cases:

• If the house in which the premises are transferred is object of cultural and historical heritage.
• If the house is registered with the headquarters for civil defense and emergency situations. In this case, the cost of the object during expert verification will increase.
• If the room not connected to main utilities.
• The intended purpose of the planned non-residential premises does not comply with permissible zoning standards (restrictions in residential zones according to urban planning legislation).

The decision on the transfer of housing is made by an interdepartmental commission specially created in each municipality. To make a decision on the application, the commission can send interdepartmental requests to: the Federal Migration Service, the housing department, Rosreestr, Rospotrebnadzor, Fire Supervision, etc. The decision will not be made until a response is received from these organizations. Therefore, in order to save time, as well as to avoid refusal due to any error, it is recommended to immediately submit additional documents along with the main package of documents:

• Conclusion of the Ministry of Emergency Situations on the conformity of the apartmentfire standards.
• Conclusion of Rosportebnadzor on the compliance of the premises with sanitary and epidemiological standards.
• Certificate from the housing department (management company) about the assignment of other adjacent apartments located on the same landing as yours.
• A technical report stating that the house is not in disrepair (also taken from the housing department, homeowners association, management organization).
• An extract from the decision of the general meeting of owners of an apartment building stating that they are not against transferring the apartment to non-residential premises.
• Certificate of registered persons ().
• Conclusion of the body for the protection of architectural, historical and cultural monuments on the possibility of redevelopment of cultural heritage sites.

Why did you receive a refusal to transfer the premises to non-residential?

The main reasons for refusal are:

• provision of not all documents required by law
• the redevelopment project is contrary to the law, as well as construction, sanitary, fire, environmental and other standards
• there is no consent of all residents of the house, or the transfer was not approved by the general meeting of homeowners
• the premises do not meet the criteria allowing it to be assigned non-residential status

Consent of neighbors and owners

Let us dwell in more detail on the point about obtaining approval from neighbors, because often it is the inability to obtain the consent of homeowners that slows down the entire process for a long time, or even makes the task impossible.

In Art. 23 of the Housing Code of the Russian Federation outlines the grounds for refusal to issue a permit. And the lack of consent of the residents of the house (owners of the apartments) does not apply to such grounds. It is important to understand that the consent of homeowners is not always necessary.

However, the lack of consent of the owners is one of the most common reasons why the authorities do not allow the re-registration of residential premises. Why is this happening?

Apartment house

When reconstruction is planned in an apartment building, a general meeting of owners must be held. Decisions are made by majority vote or unanimously. If changes to the layout or design affect common property, for example, if as a result of reconstruction a part of the staircase or basement is added to the premises, it will be necessary unanimous decision. If the common property does not change, an ordinary majority of the owners in the apartment building is sufficient.

The procedure for obtaining the consent of the owners of an apartment building is as follows:

• It is necessary to contact the Housing Management Office (HOA, management company) in writing with a question about holding a vote on the transfer of an apartment to commercial real estate.
• Voting is carried out at the next general meeting with the inclusion of the required issue on the agenda, and if such a meeting is not coming soon, then an extraordinary general meeting is initiated.
• The meeting is competent to make decisions if there are 50% of the total number of owners (quorum).

All procedural issues are handled by the housing department. The interested owner receives an extract from the decision of the general meeting of home owners.

Even if the owners have given consent, it is advisable to obtain consent in person, by going around all the neighbors (at least the surrounding entrances), talking to everyone, and convincing them that this will not bother them. If there is an ardent opponent among the owners, it is advisable to resolve this conflict before contacting the Rose Register Office. If such an opponent files a complaint, the transfer will be refused. In such cases, it is more advisable to find a compromise with such an owner and offer him some kind of compensation.

Land plot under a residential building

Issues related to the use of land for a residential building are resolved in a similar way.

• If the land plot is the property of the residents, then consent is only required from the residents, since part of the land plot (located under the stairs for a separate entrance/exit) will be used only by the owner of the non-residential premises, that is, the common ownership of the residents will decrease.
• If the land plot under the house belongs to the municipality, then consent must be obtained from the local administration.

Don't agree with the refusal? Try to appeal it in court

The practice of courts in such cases is interesting.

Example 1:

The citizen submitted an application with the necessary documents to the district administration of the city of Novorossiysk to transfer his apartment to a non-residential property. The head of Novorossiysk issued a resolution on the transfer, as well as the need to carry out work on the project. It was planned to open a photography store in the refurbished premises. The reconstruction project required dismantling part of the non-load-bearing structures inside the apartment and making a separate entrance in place of the window, which would entail a change in the mode of use of the area under the house.

Dissatisfied residents went to court, opposing the transfer of the citizen's apartment and the reconstruction of the premises. In the example given, the court refused to grant permission to the residents of the house.

The Supreme Court of Russia (Determination No. 80-B09-26 dated January 13, 2010) expressed the following position:

• It is not necessary to obtain the consent of all owners for the transfer. It is necessary if, as a result of a change in layout or other design changes, part of the common property will be added to the residential premises.
• the court noted that the plot under the house must be formed and registered in the cadastral register. Under these conditions, the plot will belong to common shared ownership.

A similar position was expressed by the Supreme Arbitration Court of the Russian Federation (Determination No. VAS-6892/11 dated June 10, 2011, No. VAS-6266/10 dated May 31, 2010, No. VAS-7494/13 dated June 18, 2013).

Example 2:

A citizen decided to open a video rental store on the ground floor of a five-story residential building. In place of the window there will be a separate entrance with a small vestibule and a porch. Since the vestibule and porch will occupy part of the site, which is the common property of the owners, the citizen will first need to organize a general meeting and obtain the consent of all owners of the premises.

STAGE 2

A positive decision of the interdepartmental commission is formalized by a resolution of the local administration. A notice is sent to the owner regarding permission to transfer the apartment (residential building) to non-residential premises. In this case, two situations arise:

• when redevelopment is required
• no redevelopment needed

If redevelopment is required, the following situations may arise to transfer an apartment to non-residential premises:

• Reconstruction is required with special permission
• redevelopment does not require a reconstruction permit (usually this applies to private residential buildings, where the addition of separate staircases, the construction of emergency exits, etc.)

In any case, such information is indicated in the notice and the owner will know how to proceed further.

When changing the status of a residential premises, carrying out reconstruction work, it is necessary to take into account:

• construction - coordination with the Agency of Architecture and Urban Planning
• fire-fighting- with the State Fire Service
• sanitary - with the Sanitary-Epidemiological Service
• environmental standards- with the State Committee for Environmental Protection
• do not forget about the rights of neighbors

Example: You will not be able to locate a bathhouse or laundry, public toilet or dry cleaning in a residential building (only a reception point is allowed), as well as a number of other facilities listed in SNIPs.

You will need to coordinate your actions with the Agency of Architecture and Urban Planning, the State Fire Service, the Sanitary and Epidemiological Service and other regulatory authorities.

After completing all the work on the project, you invite the acceptance committee created by local governments. She will accept the work and draw up a report. Having this document, you will already be able to use the premises as non-residential.

In addition, depending on the individual case, coordination with other authorities will be required. The need for this must be notified by the designer, who carries out these approvals with:

• Community Improvement Committee
• management of gardening and park management (green farming)
• traffic police
• underground structures service
• enterprises and communications institutions, energy supply organizations, etc.

STAGE 3

The final point of the entire re-registration procedure will be the registration of the right to non-residential premises in the Rosreestr Office.

For this You must submit to Rosreestr:

• owner's passport and its photocopy. If the owner is a legal entity, then the constituent documents with their copies.
• notarized power of attorney and its copy (if available).
• certificate of ownership of the premises and the agreement on the basis of which the property arose.
• acceptance committee report and its copy.
• cadastral passport of the premises.
• paid receipt (state duty).

In this case, the acceptance committee independently sends the acceptance certificate to the cadastral chamber, where the corresponding changes are made in the state cadastre.

As we can see, converting residential premises into non-residential ones is not a difficult task, but a painstaking one. All activities can take from several months to a year.

For reference: Housing for social purposes, which is in municipal or state ownership, is not subject to transfer by tenants. Commercial activity means the organization of production, trade, provision of services, etc., but according to Art. 17 Housing Code of the Russian Federation, a residential apartment or house can be used to organize an office, a place to store accounting documentation.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

If you transfer a residential building or apartment to non-residential premises, it will take on the status commercial real estate. Re-registration is carried out for various reasons. Typically, residential premises are transferred to create a store, office, or warehouse.

In what cases is translation carried out, conditions

The transfer of residential premises to non-residential premises is regulated by the third chapter of the Housing Code of the Russian Federation. Such registration is carried out by local governments. The process consists of three stages:

• Interdepartmental Management Commission is considering the possibility of using residential real estate as non-residential.
• Privatization Commission calculates the cost of transferring premises.
• Registration Committee registration and transfer of rights to non-residential premises are carried out.

The transfer procedure is possible only if certain conditions are met:

1. Residential property must be located on the ground floor.
2. It is not allowed to convert part of an apartment or house into non-residential premises.
3. There should be no registered citizens in a residential apartment.
4. Only the homeowner has the right to make a transfer.
5. The house should not be in disrepair.
6. If there are illegal redevelopments, problems with translation may arise.
7. The apartment intended for transfer should not be pledged.
8. Availability of a separate entrance.

How does the procedure differ from the reverse one?

The procedure for converting non-residential premises into residential premises requires a more scrupulous approach. When carrying out a similar process, the housing commission pays attention to:

• The premises met all sanitary standards.
• The property must be prepared for redevelopment if this becomes a requirement.
• The living space must be protected from the ingress of water or moisture.
• Load-bearing walls must be in good condition, without any defects.
• Required communications: electricity, water supply, heating, etc.

Important! Before you start converting non-residential premises into residential ones, you should carry out repairs so that the property meets all the criteria.

Translation ban

The Housing Code specifies certain restrictions under which it is impossible to re-register the housing stock as non-residential:

• If the entrance to the transferred premises is located on the territory of a residential property.
• If it is not possible to equip the room with a separate entrance.
• When non-residential real estate is the owner’s only place of residence.
• The property being transferred does not meet certain standards for transfer. Or the owner cannot fulfill all the requirements (repairs, collect all documents, etc.)
• Lack of connection to utility networks.

List of required documents

You must provide the following list:

1. Application from the owner real estate with a request to transfer the residential stock to non-residential. The reception service checks the correctness of filling out, but if errors are made, it must be rewritten or supplemented.
2. Certificate that confirms ownership to living space. A deed of gift is suitable for this.
3. for residential premises, it can be obtained at.
4. If reconstruction is planned, then it is necessary to provide a detailed plan for the redevelopment of the premises.
5. If the premises are located in an apartment building, then it is necessary to have a floor plan of the house. This document describes the plan of the entrance and floors of the building; BTI is engaged in issuing such plans.

Regulations, translation procedure

When the owner has all the documents, he submits them to the self-government body along with the application. At this stage of re-registration it is prohibited to require any additional documents.

In a month and a half a verdict is issued on the transfer of residential premises or on refusal. If the result is positive, then the premises are ready for use unless the commission requires additional reconstruction.

The owner receives a mandatory notification from the administration about his decision. In addition, they have the right to demand redevelopment for further transfer. This information is also included in the notice.

Before proceeding with the reconstruction of the premises, everything must be coordinated with the relevant services:

• Fire Department;
• sanitary and epidemiological service;
• architectural agency;
• consent of neighbors.

After all the work has been completed and government services have been completed, the owner invites a commission, which, after accepting the work, issues an act confirming the transfer of premises.

The final stage will be the registration of non-residential premises in the Russian Register.

Documents for registration:

• Property owner's passport.
• Certificate from the acceptance committee.
• An agreement confirming the right to property.
• Receipts for payment of state duty.
• non-residential apartment or house.

Changes will be made automatically in the State Cadastre.

Something to remember! All documents in their original form must remain with the owner to avoid their loss. Self-government bodies should be provided with copies of documents certified by a notary.

Refusal of translation, reasons, what to do in case of refusal

A property owner may face a number of reasons why he will not be given permission to transfer the premises.

• If not all documents are collected. The package of submitted documents must be complete, otherwise the authorized body has the right to refuse re-registration. To avoid such a situation, you should find out in advance what list of documentation needs to be provided.
• Incorrect preparation of a project for redevelopment or reconstruction of premises that are being prepared for transfer. The project must comply with all legal standards.
• Non-residential real estate will be used as residential premises or it will be seized.
• Neighbors disagree if the apartment is intended for opening a cafe.

In case of refusal to change the status of the property, the owner can challenge this decision in court. You can win in court in a situation where the refusal was caused by incorrect execution of documents.

Translation costs and expenses

The main expenses occur during the collection of documents and registration.

• The main amount of costs goes to refurbishment of the premises. This payment is made only if the transferred premises have increased in price.
• When registering non-residential premises, a state duty is paid in the amount of 1800 to 2 thousand rubles.
• Notary Services.
• Payment by BTI.
• If it is necessary to redevelop the premises, there may be expenses for specialized bodies. They draw up the project and carry out the repair work themselves. The cost of such a service can cost over 150 thousand rubles.

The procedure, at first glance, is not entirely complicated, but it is also painstaking and costly. In addition, it can take quite a long time to transfer the premises. In order for everything to go as quickly as possible and without any special complaints, you need to prepare all the documents in advance and put the property in order.

Read more about the owner’s right to transfer residential premises to non-residential premises

See the video below for more details about the owner’s right to make such a transfer.

Many entrepreneurs and lawyers are familiar with the formalities of transferring premises from residential to non-residential. Non-residential premises mean, for example, offices or production workshops. But the practice of transferring non-residential offices to the category of residential premises is less common. This is because if a person has the means, it is easier for him to purchase a standard apartment or house than to engage in this procedure, which is sometimes very difficult. Government services have much more stringent requirements for residential premises than for commercial premises. And if it is still quite easy to turn former offices into residential buildings in a multi-story building, then with dachas or houses things are different; redevelopment can turn out to be very expensive, and often simply impossible.

However, the Law considers both the issue of transferring residential premises to the non-residential category, and vice versa - non-residential premises to the residential category. Similar operations can be carried out with apartments in apartment buildings, private houses, cottages and rooms in dormitories. True, each individual case has its own characteristics and subtleties.

General rules

According to the Housing Code, isolated premises that are suitable for year-round living are considered residential. There are established sanitary standards (they are described in detail in SanPiN 2.1.2.2645-10), which these premises must fully comply with. According to Article 22 of the Housing Code, incomplete compliance with the requirements is also allowed, but on the condition that the premises can be “brought to mind” and re-arranged at any time. Both entire private houses or apartments, as well as their parts, as well as rooms, are considered residential. In some cases, dachas can also be recognized as residential if they are approved as permanent buildings, that is, the same private houses, but only if this is permitted by the conditions of use of the site on which the dacha is built.

Thus, if you want to transfer a premises to the residential category, it is necessary that:

• it complied with sanitary standards (that is, it was suitable for permanent residence) or it had all the conditions to comply with the requirements established by the Law;
• it was not encumbered by the rights of other persons and was the property of the applicant.

The compliance of the premises with the standards must be confirmed by the sanitary-epidemiological service, the Ministry of Emergency Situations, and housing authorities. The main thing is to convince specialists that you can live indoors without harm to your health, even in winter or summer. This means that an apartment or house must be equipped with electricity and heating. And here the presence of water, sewerage or gas is not considered an indispensable condition for recognizing a premises as residential, you can do without them. For example, in private homes the toilet may be located outside, and the family may not use gas at all. Another indispensable condition specifically for houses is that they must be built on a foundation, otherwise they will under no circumstances be assigned residential status.

Step-by-step instruction

The procedure for transferring premises is completed at the stage of receiving new documents from Rosreestr. The application for state registration must be accompanied by a document confirming the change in the purpose of the object. You need to get it from your local government. To carry out the operation, you should follow the following step-by-step strategy.

Documentation

First of all, we collect the necessary documents. Their list may vary depending on the provisions of regional laws and each situation separately. However, the list of documents must include:

• applicant's passport;
• the application itself to transfer the premises to the residential category;
• documents confirming that the premises are owned by the applicant;
• conclusions of the SES, Ministry of Emergency Situations and housing services confirming that the housing meets all standards;
• redevelopment project, if the housing needs redevelopment.

Additionally, you may need, for example, a floor plan of the building and a cadastral passport with a technical plan (both certificates are ordered from the BTI). In Moscow, officials independently receive a number of documents missing from this list (floor plan of the building, passport of the land plot, etc.), but they can be collected and submitted on their own initiative. In other regions of the country, applicants often have to prepare documents and certificates exclusively on their own before submitting an application. Although if the premises are registered in the Unified State Register of Rights, according to the rules, it is not necessary to bring certificates from the BTI.

Housing redevelopment

The reconstruction of housing can be considered as a separate part of the operation, since in some cases apartments and houses are recognized as residential in the presence of the reconstruction project itself, in others they require this reconstruction to be carried out first. Thus, the applicant is obliged to carry out repairs without deviating from the plan approved by the design organization and agreed with the municipality, and then make all changes to the technical and title documentation, receive an act from the acceptance committee, which includes representatives of the municipality, fire service, Ministry of Emergency Situations and SES. To make things go faster, you can contact intermediaries, realtors or law firms who collect all permits for redevelopment.

If you need minor changes in the room, you don’t have to resort to design organizations, making a sketch with felt-tip pens on the building plan yourself.

Submit an application

Having carried out the redevelopment and collected all the documents, we submit an application to the authorized body. In Moscow, this can be done directly through the City Property Department, as well as through a multifunctional center or public services portal by submitting an electronic application. In other regions and cities, documents can be accepted by housing policy departments, property relations committees, that is, bodies responsible for the housing stock.

The service is free (unlike redevelopment of the premises, which can cost, taking into account the preparation of the project, technical and cadastral passports, about ten thousand rubles or more). After submitting an application, a response should be received within 48 working days. During this period, the City Property Department is required to either approve the transfer of the premises or refuse, citing shortcomings of the premises and legal grounds for such a decision. The refusal can be appealed in court within three months after receiving the notice..

Registering a residential premises

After the premises are approved as residential, you will need to obtain a new cadastral passport and a floor plan of the building with an explanation, and a new certificate of ownership from the BTI. We submit the documents for obtaining the latter (application and copy of the passport, existing title documents for the premises, certificates from the BTI) to Rossreestr or carry out the operation through a multifunctional center. This service is paid; to carry it out, you need to pay a state fee, which as of June 2016 was 350 rubles. It is advisable to also submit a receipt for payment of the duty among all documents, however, Rosreestr can check the information independently through the State Information System. If information about the payment is not there, the authority has the right to refuse state registration.

The registration period cannot exceed 10 working days.

Features of transferring an apartment to the residential category

Changing the purpose of an object located in an apartment building is the most common and simplest option. In Article 22 The Housing Code states that apartments can be considered residential if they comply with the following standards(incomplete list):

• there is ventilation, sewerage, electricity and water supply;
• the room is completely isolated;
• the apartment is located in a residential area;
• the condition of the apartment does not pose a threat to the lives of the people living in it and those living in the neighborhood.

The issue of redevelopment of non-residential premises, which are transferred to a residential apartment, is relevant in almost one hundred percent of cases. Shops and offices have their own internal space divided, not at all as required by the standards for residential premises. Therefore, first you need to resolve the issue of reconstruction (through design organizations or through approval of the sketch). It is important not to forget that in high-rise buildings, reconstruction often affects neighboring apartments, especially if we are talking about premises on the ground floor, so before starting any work you need to obtain the consent of the neighbors at a general meeting of owners.

To approve a project or sketch, you will need minutes of the meeting, to which you should attach a registration sheet for those participating in the meeting, a complete list of owners, and their consent to the reconstruction.

Features of transferring a house in a gardening partnership

Making a house in a gardening partnership habitable according to documents is not an easy task. It often happens that such a house is equipped with everything necessary, is built very well and is generally comfortable for year-round living no less, and maybe even more, than any average apartment, but the municipal authorities do not recognize it as residential. The thing is that such houses lack one very important detail, which is mandatory for the premises to be recognized as residential - they are built on a site intended for vegetable gardening and gardening, and not residential development.

According to Russian legislation, there is three types of plots intended specifically or primarily for vegetable gardening:

1. garden plots of land (it is prohibited to build permanent buildings in such places, and non-permanent buildings are not subject to technical parameters for recognition as residential);
2. dacha land plots (suitable for the construction of a residential building);
3. garden land plots (suitable for the construction of permanent residential buildings, but not residential premises).

Houses or premises built on plots of the first and third types cannot be registered as residential, since their permitted use does not involve the construction of residential buildings. Residential buildings or premises differ from residential buildings in that the former are registered as residential, while the latter may be suitable for living, but not for registration.

Thus, almost the only possibility of recognizing a building on a garden plot of land as residential is to resolve the issue through the court. Along with the application, you will need title documents and a technical passport. However, everything is not so simple. The court can recognize a building as residential only if it stands on a plot of land intended for individual housing construction. The decision to change the procedure for permitted use is made by the authorized bodies, that is, the municipality and the department or department responsible for the housing stock. If the municipality gives the go-ahead, the owner will need to contact the cadastral registration authority and obtain a new cadastral passport for the plot and for the residential building, and then register it in the Unified State Register of Rights.

How to recognize a private house as residential

If the house is located in an area intended for individual housing construction, then the main problem for recognizing it as residential will no longer be the question of the purpose of the site, but suitability of the building for year-round living. If it does not comply with technical standards, it will be necessary to coordinate and carry out redevelopment, after which there should be no problems with the transfer of the house to the residential category.

Features of converting a dorm room into the category of residential premises

To recognize a dorm room as residential, you will need documents from the general list and, as in the case of an apartment, the consent of all dorm residents to transfer and re-register the room. We also carry out redevelopment, taking into account the agreed plan, receive a certificate from the acceptance committee, and send an application to the housing authorities. In case of refusal, you can always try to solve the problem in court. If a citizen is not confident that he can win the case on his own, it is better for him to contact a qualified lawyer.

Increasingly, there is a need to convert non-residential premises into residential ones. This procedure is associated with a large shortage of living space in Russian cities.

As a rule, they are converted into housing country houses or other similar buildings. This issue is dealt with by local authorities.

Why translation is needed

If a person owns property that has the status of non-residential premises, he has the right to re-register it as residential premises. Then it can be used both for personal needs and for...

It is worth noting that until repairs are made to the non-residential building or its status will not be changed. Therefore, before completing all the documents, you should take care of these nuances in advance.

In what cases is transfer possible?

Article 23 of the Housing Code of the Russian Federation states that transfer is possible only if the owner of the premises takes the initiative himself.

Also, if there are co-owners, they must write a statement that is certified by a notary.

1. The next condition for transfer is that the non-residential premises should not be located. If the premises were purchased on credit, then at the time of transfer the owner must fully repay the debt.
2. Everything that is in the building must be in good condition.
3. The room must correspond technical standards.
4. Besides the building itself the surrounding area must also be safe.
5. Nothing should block the entrance to the building for residents and emergency services.

If at least one of the points is violated, the state will prohibit the re-registration of the premises.

Definition of residential and non-residential premises

Residential premises mean real estate that is suitable for permanent residence. It must comply with all sanitary and technical standards.

Non-residential premises are real estate that is not intended for the residence of citizens. It is used for official, household, and industrial purposes. This category includes:

• offices;
• the shops;
• warehouses;
• country houses, etc.;

What are the restrictions for translation?

The Housing Code of the Russian Federation stipulates some points under which it is impossible to convert non-residential premises into residential ones. These circumstances cannot be circumvented in any way:

1. The premises do not meet sanitary and technical standards.

Order and procedure of translation

The re-registration procedure consists of several stages:

1. The property owner collects and submits the necessary documents (list below).
2. Conducted by the real estate housing commission to make a decision on the transfer of premises.
3. The design office develops and approves a project for changing the status.
4. If everything is in order, then a permit is issued.
5. Changes are being made to the database of the design and inventory bureau.

An application to change the status of the premises is being considered a month and a half in the local government. The applicant must receive an official response with a decision on transfer or ban.

A negative response must contain a complete list of violations that led to the refusal to change status.

Are there any nuances in 2019?

Re-registration in 2019 is carried out without any changes in accordance with the Housing Code of the Russian Federation. The entire procedure is carried out according to a strictly defined plan with the provision of all documents. This is regulated by the following regulations:

• Housing Code of the Russian Federation, Chapter 3.
• The Town Planning Code, which regulates the requirements for non-residential and residential premises.
• Resolution "On approval of the Regulations on the recognition of premises as residential premises."
• Building codes.
• Sanitary standards.

Where and what documents need to be provided for translation

If all the requirements on the part of the owner are met and the premises comply with the standards, he has the right to apply to self-government bodies (in Moscow - the Department of City Property, you can also submit documents through the unified portal of public services - MFC).

List of documents:

1. Statement from the owner (link to sample is given below). It must contain a request for transfer.
2. , which confirms ownership of the premises. It is allowed to provide copies of the document certified by a notary.
3. . It must describe all technical descriptions of the object. If any design work was carried out in this room, then it must be reflected in the technical documentation. passport.
4. Plan of a multi-storey building. It can be obtained from the housing department. Its specialists check information about what consequences may occur when changing the status of an object for the entire house.
5. Written consent of neighbors.
6. If redevelopment is necessary, a redevelopment project prepared in advance.

This list of documents is basic; nuances are possible, for example, you will need to provide a decision from the guardianship authorities if the owner of the premises is a minor child.

Some documents, for example, an extract from the technical passport, etc., are received by the MFC specialist independently as part of the document flow system between various government services. The applicant does not have to look for them on his own.

Cost and terms of translation

The state service for translation and issuance of a document on changing the status of premises is provided for free.

Deadlines - within 48 days (45 days plus three). If the transfer of the premises is agreed upon, you will be given a decision to transfer the non-residential premises to residential ones.

In case of refusal, the decision can be appealed within 3 months in court from the moment the owner became aware of the violation of his legal rights.

It should be understood that performing the translation process independently in difficult situations (the room has some peculiarities, reconstruction is needed, etc.) will require a lot of time and effort. For example, it took Valentina Petrovna Leonova from the Ryazan region a year to transfer the premises.

Most of the time was spent on drawing up and agreeing on the project, approximately 2 months. Besides, seven months repair work was carried out. One month was spent collecting all the documents.

The most problematic aspect of this procedure is drawing up project documentation. Often, lawyers, at the request of the customer, perform exactly this work. Their help is considered very convenient, since on their part all the subtleties of the translation of the premises are always taken into account.

How to arrange a redevelopment if it is needed

It is likely that the non-residential premises need redevelopment. Article 25 of the Housing Code of the Russian Federation states that any redevelopment in the premises must be reflected in the technical documentation. passport.

Before organizing non-residential premises, the owner is obliged to coordinate this with the commission. Such a procedure is necessary to determine the safety of work.

To obtain permission to carry out repair work, the owner of the premises must contact to the design office with your project or order it. After all approvals, permission is given to carry out redevelopment in non-residential premises with its further transfer to residential real estate.

Upon completion of the work, it is necessary that the result be accepted by a special commission, and an act is drawn up.

Redevelopment and repair work may be prohibited if this leads to a violation house operating rules. Load-bearing and supporting walls should not be affected, as this could lead to the destruction of a multi-story building. It is strictly prohibited to carry out any redevelopment without permission.

Result

The applicant receives a document confirming the change in the status of the premises within 45 days from date, when all documents were sent to self-government bodies.

Having received it in your hands transfer decision the applicant draws up a new one. To do this you need:

1. Contact the MFC with an application and passport.
2. Pay the state fee - 350 rubles.
3. You will receive a certificate within 10 days.

The procedure for transferring from non-residential to residential with the advent of the MFC is quite simple. The most problematic thing is drawing up and coordinating a project if it is necessary to redevelop and reconstruct non-residential premises. Experienced lawyers can come to your aid in this matter and, for a fee, will do everything competently.

Legal nuances of the procedure - on video

Lawyer Evgeny Osintsev talks about some of the intricacies of converting non-residential premises into residential ones.

Only real estate that has the necessary conditions for this can be converted, transferred (withdrawn) from the residential category to non-residential. If there are no conditions, they need to be created.

An approximate order of conditions is as follows:

• the premises must have a separate entrance from the street (if there is no such entrance, it must be possible to create one);
• all owners must agree with the change in category;
• the property complies with the requirements and conditions of Chapter 3 of the Housing Code of the Russian Federation;
• ownership of the premises is not encumbered by pledge, lease, or other agreements.

So, when is transfer not allowed?

The premises cannot be converted into non-residential:

1. A room in which people are permanently registered. First, they must be discharged, and only then apply for transfer.
2. Part of a communal apartment. Only the entire communal apartment can be transferred to non-residential, but part of it cannot be transferred under any circumstances.
3. An apartment pledged or rented. For a successful transfer, it is necessary to terminate all contracts encumbering ownership rights.
4. An apartment with living quarters located underneath. In this situation, transfer may be allowed, but this happens infrequently and depends on the characteristics of the exploitation of the future non-residential space.

The easiest way to carry out a transfer is if the premises are technically residential, but in fact unsuitable for habitation.

It is easy to make a room suitable for living non-residential only if it is located on the 1st floor. On higher floors there will be serious difficulties and a high probability of failure.

Laws you should know

The main law that is subject to mandatory familiarization is Chapter 3 of the Housing Code of the Russian Federation. It is in it, in articles from to, that contains comprehensive information on transferring premises in both directions. Moreover, the residential complex talks in more detail about the transfer of real estate from residential to non-residential.

It is necessary to familiarize yourself with other articles of the Housing Code of the Russian Federation:

• says that local authorities have the right to establish special rules based on the specifics of the region, and therefore the features of translation in different regions of Russia may differ;
• allows the use of an apartment in a high-rise building for business or professional activities (perhaps it should not be transferred to non-residential premises unless absolutely necessary?);
• Article 36 and talk about the need to obtain the consent of the owners of other premises in the house if redevelopment is required when transferring the premises to non-residential;
• warns that premises in a rented house cannot be transferred to non-residential status under any circumstances.

How to arrange a transfer of premises?

Let's look at step-by-step translation instructions. The whole process is divided into 3 main stages.

Let's look at each of them separately:

1. Collecting papers, obtaining permission to transfer.

   The first stage is the entire “paper” part of the process. At this stage you will have to visit the Technical Inventory Bureau (BTI). They issue a technical certificate for the premises. To receive it, you need to write an application according to the sample.

   It can be found directly at BTI. Having taken the technical passport and other papers, you need to go to the local government body, to its department dealing with real estate. There you need to write another application (in a more free form), submit documents and wait for a positive response.

2. Calculating the cost of translation

   At this stage you need to go to the BTI again. This time - not to the “window” for accepting applications, but to the privatization department of the housing stock management. Once again, an application is written, to which is attached the already issued permit and other documents. BTI appoints a commission that determines the difference in price between residential and non-residential premises. This difference, together with repair work, will make up the cost of the translation.

3. Registration of ownership

   This right can be registered at the Federal Registration Service or at the multifunctional center. When changing the category of premises, registration is required, although the applicant initially had ownership rights.

Filing an application

Physical entities

When submitting an application to transfer residential real estate to non-residential, its owner must attach a number of documents:

A person has the right to submit only an application, passport and project. He may not bring other documents. In this case, the local government employee in charge of the case will himself request the missing documents from the relevant authorities.

Legal entities

The list of documents for legal entities is somewhat wider:

• all documents necessary for individuals;
• constituent documents of the organization;
• details of this organization (required – legal and actual address, telephone);
• power of attorney from the manager in the name of the employee who submits the application (it must be notarized).

As a rule, the transfer of residential premises to non-residential premises by legal entities is an individual process. For individuals, everything happens much more monotonously. Therefore, there is a high probability that the legal entity will be asked for some other documents. This may also be due to special rules in force in a particular region of Russia ().

How much to pay?

When converting real estate to non-residential, you need to pay a state fee. Its wording is “state duty for registration of non-residential premises.” The exact amount of payment is not established by law. It is calculated individually, based on the characteristics of the property, the conditions of its location, and the subtleties of the procedure.

In addition to the state duty, you should be prepared for other expenses. At a minimum, this is payment for a registration certificate at the BTI and notary services, and at a maximum, payment for services for creating a redevelopment project and the repair work itself.

Where and how to submit documents?

The application and documents must be submitted to local authorities. Most often this is the city executive committee. Bodies can be either elected or appointed.

The main thing is that it should be local, municipal government.

Government agencies are not involved in processing the transfer of premises; they simply will not accept the application.

When submitting documents, you need to remember the following:

1. The redevelopment project, if necessary, should already be ready. It must be submitted along with other documents. If the project has not yet been completed, then there is no point in writing a statement.
2. The technical plan from the BTI does not need to be submitted. Local government employees will order this document themselves. But then, upon receipt of the results of the review, the person will be issued a receipt for payment of BTI services.
3. The more detailed and competent the application is filled out, the better. Particular attention should be paid to the purposes of the transfer of premises and the legal grounds. The application should refer to the articles of the RF Housing Code.

If the documents have been accepted, this does not mean that the application will be approved. Refusal, like approval, is not issued immediately, but only after a thorough check.

What decision can be made?

There are 2 solutions:

• permission to transfer premises from residential to non-residential;
• refusal to transfer.

In case of refusal, a person can either correct the deficiencies and re-apply, or go to court. The second option makes sense only if the person is sure that he was refused without reason. In some situations, refusal completely ends the matter. This happens if it is impossible to transfer the premises to non-residential (for example, it is located in a rented house).

And if the transfer is allowed, you can begin redevelopment and repair work. But it is necessary to act in accordance with the project, because after some time inspectors will come to the premises.

When is redevelopment needed?

Redevelopment may be necessary if if you need to make any changes to transfer to the non-residential category:

When redeveloping, it is necessary to create a project. This must be done in advance, even before submitting an application for transfer. If the translation is approved, then all further actions must be carried out in strict accordance with the project. An inspection will likely come to the premises to determine whether the renovation work corresponds to what was stated in the project.

How long to wait for an answer?

Decision on application within 45 working days. If you add weekends, that’s more than 2 months of waiting. It’s not a fact that you will have to wait exactly that long - often everything happens faster. But almost always the minimum waiting period is 35-40 days.

The day the decision is made is not the deadline. The applicant will be notified of the results within 3 working days. Given the specifics of the postal service, the notification may not be delivered immediately. Therefore, after filing an application, a person should be patient.

Converting premises from residential to non-residential is not as difficult as it might seem. It’s easy to collect documents, but you will have to spend money on the technical plan and redevelopment project. Submitting an application along with documents is the final stage of the premises owner’s participation in the process. Then all that remains is to wait for the verdict of the local authorities.

Video on the topic

See more about how to convert residential premises into non-residential premises in the video below: