Non-residential stock: legal definition, types of premises, their purpose, regulatory documents during registration and features of the transfer of residential premises to non-resi

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Real estate may have the status of residential or non-residential. Non-residential fund - these are separate premises not intended for living.

To understand what a premise in this category is, you need to consider its legal definition. It is contained in Federal Law No. 122, according to which an object that is part of buildings and structures was recognized as a premises. In addition, the building may consist of one room. There are also extensions to structures that have their own economic value.

Characteristics of non-residential premises

The main characteristic is the inability to live in it, it will not be possible to register in such a room on a permanent or temporary basis. Do not confuse the common property of residential buildings: flights of stairs, basements and attics, with non-residential funds. The latter is characterized by a real allotment in kind, as well as by the fact that such an object is issuedownership. The allocation in kind means the assignment of your own number and address in the State Property Committee.

Reason for popularity

Non-residential premises are in great commercial demand. Often, entrepreneurs buy apartments on the ground floor in order to transfer them to a non-residential fund. Such measures allow you to organize a hairdresser, shop or workshop in a busy area with guaranteed high traffic, without resorting to the construction of a separate facility.

Destination

Almost any business can be run in a non-residential apartment. The only exceptions are activities that violate the fire safety requirements and standards of the Sanitary and Epidemiological Station. It is forbidden to organize industrial production in a residential building.

It is important to note that individual entrepreneurs can conduct their activities without changing the status of the residential premises. This is permissible if there is no discomfort or infringement on the rights of neighbors, and also if the citizens carrying out activities live or are registered in the apartment. It is also important that the room is not recognized as dilapidated or has the status of an emergency. The exception is hotels, apartments and hostels, in the organization of which the premises remain part of the housing stock.

If the status of an apartment located on the second floor is being changed, the premises on the lower floor must also be non-residential.

Features of the transfer of residential premises to non-residential premises

Translation, like any administrative procedure, is declarative. Addressyou need to go to the multifunctional center, bring with you:

1. Application for transfer.
2. Confirmation of the right to the property.
3. Technical floor plan.
4. Project redevelopment if necessary.
5. Floor plan of the house (if the apartment is being transferred).

The application is written in free form. The MFC will offer the client a letterhead with certain fields to fill in.

When will a redevelopment project be needed?

Re-planning of a room is its constructive change, which is characterized by a change in its dimensions. According to the project, the technical parameters of the premises may change: the integration of several rooms into one, changing their area. It is possible to change the quality parameters: lining the room with sound, heat or waterproofing materials, installing or replacing internal vaults. The project for the redevelopment of non-residential premises in the housing stock includes information on the replacement or transfer of utilities: sanitary facilities, electricity wiring, radiators and batteries.

Requiring a separate entrance

The presence of a separate entrance is a mandatory requirement when transferring an apartment to a non-residential fund. In addition, if the total area of the premises is greater than or equal to 100 sq. m., then the redevelopment project includes a requirement for the equipment of another exit.

Permission to equip a separate entrance is issued by the local administration. Before submitting such an application, you need to agree on the projectredevelopment with services such as SES, fire inspection. Specialists will check compliance with fire and building standards and mark the approval in the relevant part of the project.

You must provide to the local administration:

1. Application for a permit for a separate entrance.
2. Proof of ownership.
3. Technical floor plan.
4. Project for redevelopment of the premises with the approval of the fire inspection and SES.
5. Minutes of the general meeting of the residents of the house with a positive decision reflected in it.

The architecture department of the administration examines the documents received and, within the period established by local regulations (which is usually 30 days), gives the applicant consent to a separate entrance or a reasoned refusal.

In case of refusal, the applicant has the right to correct the comments and apply again with a similar application. In case of obtaining a positive agreement, he carries out construction and installation work and applies to the administration for an act on the redevelopment. The act is drawn up with the participation of representatives of the Municipal Property Management Committee, Architecture, Construction Department and the Housing and Utilities Committee.

After receiving the act of redevelopment, you need to contact the BTI or another specialized organization to make changes to the technical plan, then make changes to the State Property Committee and change the information in the certificate of ownership.

Is it necessary to coordinateapartment transfer with neighbors?

There is no basis in the law for refusing to transfer residential premises to non-residential premises on the basis of disagreement of neighbors. However, if the redevelopment project affects the common property of the owners of an apartment building, for example, part of the flight of stairs or the land on which the house is located, such consent will still be required.

Before applying for a transfer, it is advisable to organize a general meeting of apartment owners in a residential building. During the meeting, you need to be prepared to deal with objections. A possible reason for the dissatisfaction of the neighbors may be a decrease in the market value of their apartments in the event of a sale - few people will like the proximity to the store. In the event of a water pipe leak, the damage to a legal entity will be much higher - and this is also important.

Remodeling an apartment into an office is accompanied by noise and construction dust. The load on engineering networks will also increase, and as a rule, apartment buildings have a large percentage of physical deterioration. It is difficult to transfer non-residential stock back to residential, this rarely occurs in practice.

At the general meeting of the owners of the house, the tenants have the right to put forward a number of conditions, subject to the obligatory fulfillment of which they give their consent to the transfer. Accordingly, these conditions must be reflected in the minutes and subsequently observed, otherwise the tenants have the right to apply to the State Housing Inspectorate or to the court for the protection of their rights.

If more than 50% of citizens were present at the meeting of residents and they gaveconsent to the repair of the premises, such a protocol is legally binding and confirms the agreement of the changes made with the owners of the premises in the residential building.

Translate cannot be left residential

It seems to many that buying an apartment, assigning it the status of non-residential premises and renting it out, receiving a stable income, is an easy and inexpensive way to make a profit. Is it really that simple?

Becoming the owner of a room in an apartment building, you need to be prepared to share with the owners of apartments in this building all the responsibilities for managing the non-residential fund. For example, payment of utility bills, participation in meetings of owners with the right to vote on the maintenance of common property. At the same time, it may take time to find a tenant, and you will have to pay for utilities all the time. The cost of such services for owners of non-residential premises is several times higher. It is real to receive income from the rental of non-residential facilities. But finding a client takes some time.

When investment in non-residential fund does not bring the desired income

Over the past few years, many who want to earn income from the rental of non-residential premises have gone bankrupt by setting a high price for places with little traffic. In addition, shopping and office centers that have appeared in abundance are attractive to tenants to a much greater extent. Due to the developed infrastructure, the presence of cafes and children's rooms, the entrepreneur is provided with cross-country ability.

Many people think that non-residential premises are attractive for network business, but grocery chains are interested in large areas with a separate exit, equipped with ramps and parking lots for trucks. This option of using non-residential stock for small premises is not suitable.

Before you change the status of the purchased apartment, you should calculate all the possibilities and risks.

Profit from the use of non-residential stock in residential buildings directly depends on the area in which it is located.

Transport accessibility matters, shops and offices are in the greatest demand, past which pedestrians go to the metro station or bus stop. In remote areas, investments in such facilities do not always pay off. For example, in new buildings, where the first floors are reserved for non-residential premises, and the transfer of the premises to the non-residential fund is not needed, in half of the cases they remain unclaimed.