How to convert an apartment into a residential building in 2023: deciding where to go

The government has prepared amendments that complicate the procedure for transferring residential premises to non-residential ones. How to turn an apartment into a store or a home kindergarten? What changes are officials preparing from 2023 to the legislation on non-residential premises? What documents will now be required to transfer residential premises to non-residential ones?

The rights of residents of apartment buildings are expanding. And soon they will be able to radically influence the location of shops and beauty salons in the basements. If a majority of apartment owners at a general meeting does not allow the transfer of residential premises to non-residential premises, no authority will be able to appeal this decision.

How to apply to transfer an apartment to non-residential premises and vice versa?

Officials in the Russian government are convinced that such a rule will avoid conflicts between residents and merchants by resolving them at the very beginning of the process.

• The concerns of residents and inspection organizations are caused by various shops and services nestled on the ground floors of apartment buildings in cities that have long become commonplace, bringing along with the convenience of receiving services a lot of hassle.
• Cases have become more frequent when, instead of a harmless gastronomic outlet, outright eateries appeared on the first floors with all the attendant inconveniences in the form of noisy street parties in the local area and natural quarrels with the residents of the house.

In addition, and besides the eateries, there are plenty of problems. Take the same store that sells groceries. It seems convenient, but if the goods here are in high demand, then over time unauthorized parking appears in the courtyard in front of the mini-grocery store, and with it 24-hour unloading of cars, slamming doors, and garbage.

Such costs also lead to endless conflicts that end in litigation involving various types of government services, which, according to the law and the logic of things, must resolve such situations.

How to open a home family kindergarten? Advice for large families

It is often quite difficult to reconcile disputants, since by law both the residents of the house and the owner of the hairdresser on the ground floor are endowed with equal rights. And everyone has their own truth.

The Ministry of Construction and Housing and Communal Services came up with a way to eliminate a possible conflict situation at the very beginning of the process, expanding the powers of the general meeting of residents to the extent that it is impossible to transform an apartment into something more commercially profitable without its consent.

The Government has already submitted a corresponding bill to the State Duma. Thus, according to the document, in order to transfer residential premises to non-residential premises, the owner of the living space must enlist the support of a majority vote of the residents of the building and the entrance in which the premises are located.

1. Moreover, at a general meeting of residents, the consent of the majority of owners of commercial real estate adjacent to the premises that are going to be converted into non-residential must be obtained.
2. If the law is adopted, the general meeting will help the residents of the house and the future owner of the store find a compromise solution in advance.
3. Amendments to legislation on this topic, according to Deputy Chairman of the Duma Committee on Housing Policy and Housing and Communal Services Pavel Kachkaev, will help streamline the process and reduce the number of conflict situations.

As the deputy believes, there are now a lot of lawsuits when people put who knows what in apartments. If the law is adopted, the general meeting will help the residents of the house and the future owner of the store find a compromise solution in advance.

If an entrepreneur does not want to listen to the opinions of his neighbors, then they will have the right to ignore his commercial plans.

Basic rules for transferring residential premises to non-residential premises

Private kindergartens and hotels can be organized in residential buildings

Today, to turn an apartment into a pharmacy, according to Kachkaev, several fundamental rules must be followed. First, before starting the process, it is necessary to find out the presence of objective insurmountable obstacles.

So it will not be possible to fulfill the commercial plan if the premises are part of an integral residential premises and if there is no technical possibility to equip access to it. It is also impossible to register the premises if it is pledged.

• In the process of transferring premises from one category to another, it will be necessary to develop a redevelopment project prepared in accordance with the future functionality, which must take into account all the requirements of Rospotrebnadzor, the Ministry of Emergency Situations, the housing inspectorate, and the management company.
• Next, there is a need to obtain consent for the installation of a separate entrance to non-residential premises from the owners who own at least 2/3 of the area of ​​​​the premises in an apartment building.
• And the entire process of transferring residential premises to non-residential premises, according to experts, usually lasts about six months.

List of documents for transferring residential premises to non-residential premises:

• application from the owner or authorized person to transfer the premises;
• identification document of the applicant;
• documents confirming the right to the premises being transferred (originals or notarized copies);
• redevelopment project, if required, prepared in accordance with the established procedure;
• minutes of the general meeting of owners of premises in an apartment building on the issue of transferring for use or joining the transferred premises of part of the common property. As well as documents confirming the voting results;
• technical passport of the premises;
• floor plan of the first floor, premises adjacent to the apartment, plan of the second floor of the premises located above the apartment, plan of the basement located under the apartment.

How to convert non-residential premises into residential premises in 2023

“How to convert non-residential premises into residential ones in 2023?” – this question worries many Russians who intend to change the status of the real estate they own. All real estate registered in the State Register is divided into two large groups: residential and non-residential.

Residential real estate includes, as the name implies, buildings intended for permanent residence of people.

Non-residential real estate includes all other buildings that are not suitable for housing - production and industrial buildings and workshops, retail space, administrative, utility, educational, entertainment and sports facilities.

This distinction between residential and non-residential real estate is not purely formal, paper-based, and bureaucratic. Each of these groups must meet its own technical characteristics, so it is also impossible for a citizen to register in a factory workshop, just as it is impossible for a citizen to open a grocery store in his apartment. To do this, you will need to transfer the premises from one category to another.

Difference between building categories

First of all, let's look at the difference between residential and non-residential real estate from a regulatory point of view. The main difference here lies in the regulatory and operational requirements for certain categories of buildings. Housing must be equipped with a minimum set of utilities necessary for the normal existence of people in it. Such benefits include:

• Electricity supply.
• Running water or access to another source of clean water.
• Heating sources – centralized or individual (stoves, boilers, fireplaces).
• Sewerage or equipped latrines.
• Availability of necessary social infrastructure near the place of residence - shops, clinics, schools and kindergartens.

In addition, an important factor in recognizing a premises as suitable for all-season living is its area and layout. To obtain permission to register a family in the premises, it is necessary to comply with the minimum allowable living area. When converting a private house into residential premises, it is important what category of land it is located on.

Let’s say that if a country house is located outside the city, on agricultural land, then it is impossible to convert it into a residential building.

At the same time, country houses located on the territories of gardening cooperatives within municipalities are subject to re-registration in accordance with the law on country house amnesty.

However, the issue of transferring real estate from non-residential to residential is relevant not only for summer residents.

In large cities, both in Western countries and in Russia, the trend of converting industrial and administrative buildings into luxury housing has recently become fashionable. Such ex-industrial residential buildings are called “lofts”.

In recent years, in Moscow alone, developers have renovated over one and a half dozen industrial and administrative buildings into residential premises.

If desired, the reverse process is also quite possible - transferring a residential apartment or house to non-residential. The most common example is the location of shops, hairdressers and eateries on the ground floors of Soviet-built high-rise buildings.

For this purpose, businessmen buy such an apartment on the ground floor, overlooking a crowded street.

Then it is re-registered as a non-residential premises, and permission is obtained from the supervisory authorities for the appropriate redevelopment with the installation of a separate entrance.

What type of housing can be converted from non-residential to residential?

Before you begin converting a non-residential building you own into a residential building, you should familiarize yourself with the regulatory requirements that must be observed when carrying out such a procedure. First of all, special requirements of sanitary and epidemiological standards are established for housing. All of them can be found in more detail in the Sanpin Art. No. 2-1-2. 2645.10. To obtain “residential” status, the premises must fully comply with these requirements.

In addition to Sanpin, certain requirements for year-round housing are also put forward by housing legislation in Article No. 22. According to it, both entire buildings and individual premises in them can be recognized as housing.

To recognize a private home as year-round housing, the main condition is that it has a foundation, heating and electricity. Other benefits of civilization, although they play a significant role in the recognition of a building as a home, are less significant.

Thus, in villages, many houses do not have running water, sewerage or gas supply, but are quite officially considered residential.

Another mandatory nuance is that the property should not be under encumbrance.

If your property is under arrest by a court decision, pledged as collateral for a bank loan or other loan, then you will not be able to achieve any changes in its status on your own.

To convert non-residential premises into residential premises, you will have to obtain official permission from the following supervisory government services:

• Sanitary and epidemiological control service.
• Fire inspection at the Ministry of Emergency Situations.
• Municipal Housing Department.

As already mentioned, when inspecting a premises, the main task of the owner is to convince officials that living here is possible all year round, without any harm to health.

In case of refusal to register a building as residential, the commission must provide the owner with justification in the form of a specific indication of non-compliance with housing, sanitary or fire standards.

After eliminating these shortcomings, the owner has the right to try again to re-register the status of the building.

Package of necessary documents

After receiving approval from the housing, fire and sanitary commissions, you need to collect the rest of the documents. It includes:

• A photocopy of the applicant's passport.
• Title documents confirming your legal ownership of the building.
• Conclusion of experts from the SES service and members of the housing inspectorate on full compliance of the premises area with the minimum acceptable standards.
• Floor plan of the entire building in which the apartment or room being converted is located. The document must be accompanied by an explication - a text appendix to the graphic plan. Both papers are received at the technical inventory bureau.
• If necessary, you will have to provide the specialists with a cadastral passport of the building.
• If in order to redesign the premises it is necessary to make some structural modifications, for example, redevelopment, you will have to obtain permission for this from the housing inspection of the municipality.

Application procedure

All of the above documents are submitted along with the application to the local municipality. The re-registration of real estate in different regions can be handled by different departments under the municipal authorities. For example, in Moscow such a body is the City Property Department; in other cities it could be housing maintenance departments, architectural and construction departments, and so on. To find out which department of the municipality you should contact with this question, just call the reception of the local city hall.

There is also the option of filing a petition to transfer the premises from non-residential to residential through the district MFC. To do this, just visit this institution and submit an application. Here you can order and receive all the necessary certificates.

By using the services of the MFC, you will save yourself from the need to personally knock on the thresholds of various departments to obtain this or that certificate.

Submitting an application with a set of accompanying documentation will also not take much time thanks to the electronic queue and differentiation of various questions for different specialists.

The procedure for transferring premises from one category to another is absolutely free. The exception is the case when redevelopment is required to bring the premises to housing standards. In this situation, the property owner will have to order a project for future work, as well as a cadastral and technical passport. The total cost of such services can reach up to 10, or even more thousand.

After accepting the application and documents, municipality employees have one and a half months to study them and issue a response on the merits of the case. There can be two options - either re-registration is approved or it is refused.

In the second case, you will either need to come to terms with it or defend your case in court. To litigate with municipal authorities, you should acquire serious arguments.

The best and most significant evidence will be the conclusions of independent experts on the possibility of converting this premises into residential premises.

When the application is approved, you can proceed to the next step - obtaining new documents from the technical inventory bureau - cadastral and technical passports for the premises, now as residential. To do this, you will need to submit an application to the BTI, a photocopy of the applicant’s passport and permission from the municipality to change the status of the building or premises.

The final stage of re-registration will be obtaining a new certificate of ownership from the State Register. The cost of issuing a certificate will cost the owner of a new home 350 rubles, after which ten days later you can go to the State Register office to receive the document.

Transfer of non-residential premises to residential premises

How to convert residential premises into non-residential premises in 2023: procedure, conditions, cost

Residents of megacities are no longer surprised by a store, beauty studio, dentistry or office located on the ground floor of an apartment building.

Thanks to the possibility of transferring premises from residential to non-residential in order to use it in the future for commercial purposes, it becomes much easier for entrepreneurs to do business.

Purchasing residential square meters and converting them into non-residential ones is much easier and cheaper than erecting a separate building.

Topic of the article: How to transfer premises from residential to non-residential, taking into account all the nuances. What are the stages of the procedure? What documents will be needed during translation? Regulatory legal framework regulating this issue.

When might it be necessary to transfer residential premises to non-residential premises?

The first thing to consider when considering this issue is that residential premises cannot be used for commercial activities. Therefore, if the owner of a residential property decides to organize his own business using its square meters, he needs to make the apartment non-residential.

Before converting residential premises to non-residential premises, you should carefully study the requirements of the Housing Code of the Russian Federation and urban planning legislation.

Before dealing with this issue, it is necessary to take into account that the transfer can only be carried out if the apartment is located on the first floor of a high-rise building or above the first, but its rooms are located under the apartment, which is no longer a residential premises and is used for commercial purposes.

You also need to take into account the fact that not all premises can become non-residential. It will not be possible to transfer premises from residential to non-residential if:

• There is no separate entrance in the room being prepared for transfer and it is not possible to equip it.
• the premises will be used for prayers or other religious procedures;
• the apartment transferred to non-residential stock has living rooms or is used for permanent residence;
• ownership rights to the transferred premises have encumbrances;
• the premises are located in a rented house used for social purposes.

Only after taking into account all of the above information can you begin preparing for the transfer of a residential premises to a non-residential one.

Regulatory framework

As mentioned above, to transfer residential premises to non-residential premises, you should carefully read the legislative aspects. They are represented by the following documents:

1. Articles No. 22 and No. 23 of the Housing Code of the Russian Federation.
2. Town Planning Code.
3. Municipal and regional regulations.

Having studied all these standards, you can carry out the procedure without any problems that may arise during the translation process.

Procedure for carrying out the transfer procedure

The transfer of premises from residential to non-residential is carried out in three stages.

Stage 1

At the first stage, you should collect the necessary documentation, write an application and submit it to the interdepartmental commission with a request for permission to transfer real estate from residential to non-residential.

Note! If redevelopment has been carried out in the premises, but the owner has not legalized it, it must be legalized before passing the commission, otherwise the application will be rejected.

First, the owner of the premises or his authorized representative collects documents to submit to the DUI to the interdepartmental commission in order to obtain permission to transfer the premises from residential to non-residential.

The package of documents consists of:

1. Explication and floor plan of the premises. To obtain a power of attorney, you must contact the DUI. It is necessary to order an explication and floor plan of the premises in the BTI. For this purpose, you should write an application, presenting your passport or a notarized power of attorney, if a trusted person is collecting the documentation. You may also need a document confirming ownership rights to the premises and a foundation agreement. The deadline for obtaining a power of attorney is one month. After the power of attorney is received, the owner or authorized representative contacts the BTI and orders a floor plan with an explanation. To do this, you need to write an application and attach to it the same documents as for DUI.
2. Technical data sheet and floor plan. It can be ordered at the MFC or BTI.
3. Fire inspection reports. The document reflects the compliance of the premises with all necessary fire standards. To obtain it, you should contact the State Fire Department and write an application, after which a fire supervision specialist will go to the site and check it for compliance with fire safety. After the examination, he will inform you when the conclusion is ready.
4. Conclusions of sanitary and epidemiological surveillance. To obtain it, you should contact the SES with an application, after which a specialist will visit the site, inspect it for compliance with sanitary standards and inform you when it will be possible to pick up the completed report.
5. Certificates from DEZ. The document contains information about the purpose of all premises located on the same floor as the apartment, which will also be transferred to non-residential use. The certificate must be taken to the housing department by applying there with an application, a passport or a notarized power of attorney and a document confirming ownership rights to the premises.
6. Neighbors' consent. If the apartment is located in an apartment building, then it will not be possible to do without the consent of the neighbors. To obtain it, you must convene a meeting of the owners of all apartments in the building. To convene a meeting, you must contact the management company with a request for permission to hold a regular or extraordinary meeting of home owners. If it is decided to convene an extraordinary meeting, which is done most often, then before holding it, each owner should be notified in writing no later than ten days before the meeting. The meeting will be legal only if at least 50% of the owners of the apartments of the building in which the housing is located for transfer to non-residential stock is present. The decision to transfer an apartment from residential to non-residential status will have legitimacy only if it is accepted by at least 2/3 of the assembled owners. Minutes should be drawn up at the end of the meeting.
7. Technical report . This document can be obtained from the housing department or management company. To issue it, you must write an application, present a passport and a document confirming ownership rights to the premises. The completed report will describe the technical condition of the building. However, it should be taken into account that it should not be in disrepair, and the house in which it is located should not be intended for demolition.
8. Extracts from the house register. It can be obtained from the passport office. The document confirms that no one is registered in the premises that will be transferred to non-residential premises. The statement is valid for only two weeks, so it must be issued last.
9. A project to transfer an apartment from residential to non-residential. To complete it, you should contact a licensed design company.

After all the papers have been collected, the owner or his authorized representative must contact the DUI to obtain permission to transfer real estate from residential to non-residential, writing a statement indicating the reason for the transfer.

In addition to the documents described above, you are required to provide some other papers. They are presented:

• passport;
• a document confirming ownership rights to the premises;
• a power of attorney certified by a notary, if the translation procedure is carried out by an authorized person;
• constituent documents of the company, if the issue is handled by a legal entity.

After submitting all documents, the commission will consider the transfer application. The review process takes 45 days.

After the decision is made, within three days the owner is personally given a protocol or sent by mail. However, it should be taken into account that the commission’s decision is not always positive.

The transfer of premises from residential to non-residential may be refused in the following cases:

• non-compliance with the terms of the transfer;
• not providing all the documents necessary for consideration of the application;
• failure to obtain consent to the transfer from other owners of real estate;
• lack of neighbors' consent to the procedure.

If the refusal protocol does not contain a reasoned decision, then it is considered unmotivated, which means the document can be appealed in court.

Stage 2

At the second stage, the owner or authorized representative must contact the BTI or the Multifunctional Center in order to determine the cost of the transfer procedure.

The trustee or all owners of residential property that will be transferred to a non-residential fund should contact the MFC and BTI. To do this, you must write an application and attach originals and copies of the documents submitted to it:

• passport;
• a document confirming ownership rights to real estate;
• protocol of the interdepartmental commission;
• technical passport, floor plan and explication;
• a power of attorney certified by a notary, if the translation procedure is entrusted to an authorized person;
• constituent documents of the company, if the issue is handled by a legal entity.

After receiving the documents, the department of privatization and housing management determines the cost of the transfer and draws up a protocol with the approved prices. Before receiving the protocol, the applicant must pay the difference in price.

It is important to know! When calculating the cost, BTI is guided by the area in which the premises are located, the technical condition of the house, the possibility of using the premises for commercial activities, the presence of premises of the same plan next to it, and the ease of use of the facility. In some cases, other criteria may be taken into account.

Stage 3

At the third stage, it is necessary to register proprietary rights to the premises with the Federal Registration Service. To do this, the owner of the premises or an authorized representative should contact the Federal Registration Service, providing a certain package of documents consisting of originals and copies. It is presented:

• passport or power of attorney;
• protocols of the BTI and the interdepartmental commission;
• constituent documents, if a legal entity applies.

Along with the documents, an application is submitted, which is filled out by a specialist from the Federal Registration Service and signed by the owner of the premises or an authorized representative. After submitting the application, you must pay a state fee for registering proprietary rights in the amount of 1000 rubles.

The specialist will take copies and originals of the documents provided by the applicant and issue a receipt confirming their acceptance for registration. The receipt will indicate the date they were received. The Federal Registration Service employee will also inform the applicant of the date of receipt of the ownership certificate and documents. On the day appointed by the specialist, you must come for the document, having previously taken your passport and receipt with you.

What conditions must be met for a transfer?

Before transferring real estate from residential to non-residential, you need to take into account that it must be equipped with a separate entrance that leads to the street. If its area is more than 100 square meters, then an emergency exit should be provided, for example, from the entrance of the house.

Article N 22 of the Housing Code of the Russian Federation prohibits the use of non-residential premises, which can only be entered through an adjacent room, entrance or corridor.

It is possible to transfer an apartment to non-residential status without a separate exit, but only if it is created after the end of the procedure.

Often such premises are apartments with windows facing the courtyard, which can later be converted into exits.

It is impossible to transfer part of an apartment or its room to non-residential status . There should be no registered residents in the real estate that will be transferred to non-residential stock, and no one should live in it on a permanent basis.

According to the law, you cannot have a residence permit in non-residential premises, therefore, before carrying out the procedure for transferring the premises to non-residential premises, you must be discharged from there.

The transferred real estate must not be pledged and it must not be seized.

To carry out a similar procedure in a private house, it is necessary to collect documents confirming ownership rights to real estate, and if there are several owners, then the consent of each of them should be obtained to transfer the house to a non-residential state.

If the apartment is not on the ground floor of the house, then all the premises located underneath it must also be non-residential. It will not be possible to convert a residential premises into a non-residential one if it is located in a dilapidated building or one prepared for demolition.

Since in a panel house it is not allowed to widen the openings, break down the walls, attach guy wires from the outside, it will not be possible to make separate exits in the room, so converting it into a non-residential building will be extremely problematic.

In addition to all of the above, transferring an apartment from residential to non-residential status can be complicated by a number of different situations. Most often they are presented:

• location of the premises in a house that is an object of cultural or historical significance;
• lack of connection of the premises to utilities;
• the unsatisfactory condition of the premises and the need for repair and finishing work in it.

Also, the owner of an apartment who is going to transfer it to a non-residential property should find out whether the house is registered with the headquarters for civil defense and emergency situations. If so, this will affect the cost of the premises when it is inspected by experts.

It should be taken into account that in some situations, residential premises do not need to be converted into non-residential premises (Article No. 17 of the Housing Code of the Russian Federation).

The owner can use the residential premises for commercial purposes if his activities do not interfere with neighbors and people living in the apartment with him. But for this, the individual entrepreneur must have legal registration in the apartment, the premises must comply with sanitary and epidemiological standards, and also be located in a building that is not subject to demolition and is not in disrepair.

How much will it cost to convert the premises to non-residential?

When the status of the premises changes, the costs are not fixed and are individual in each individual case. When completing the transfer procedure, the owner will need to make a number of payments represented by:

• the difference in the value of non-residential real estate when calculating the BTI;
• services provided by BTI in preparing a technical passport, as well as a certificate of price difference before the transfer of a residential apartment to a non-residential property and after it;
• notary services related to the preparation of copies of documents confirming ownership rights to real estate and powers of attorney, if necessary;
• state duty for registering real estate as non-residential;
• services of a licensing organization drawing up a project for redevelopment or reconstruction of an apartment, if necessary.

Registration of the transfer of premises from residential to non-residential status takes about five months and costs approximately from 260 to 480 thousand rubles , depending on the region and the individual characteristics of the process.

Results

Subject to all the conditions of the Housing Code of the Russian Federation and taking into account all the nuances of the procedure, it is quite simple to transfer real estate from residential to non-residential status. The main thing is to be patient and wait until the procedure is completed, after which the premises can be used for commercial purposes.

Free consultation. If you have any questions, please do not hesitate to ask them to a lawyer in the online chat on the right, in the form below, or by calling the hotline: 8-800-350-84-21

How to convert non-residential premises into residential premises in 2023 - is it possible, cost of transfer, personal income tax

Changing the status of property is carried out in compliance with clearly established rules. Thanks to their implementation, the procedure can be considered legal and legitimate.  

According to Article 288 of the Civil Code, the owner has the right to use and dispose of residential premises in accordance with the intended purpose. We’ll tell you in the article how to change the purpose of this room.

Concepts

Residential is a room that is isolated from others and meets sanitary standards and fire safety requirements. It should also provide everything for year-round living.

Thus, the premises that will be transferred to residential status must have not only sufficient area, but also additional rooms intended for human needs.

Non-residential premises are considered premises that are not intended for year-round habitation of people - these are service buildings, change houses and areas intended for production.

Normative base

Regulations:

Is it possible?

It is possible, the main thing is that the premises comply with the requirements established by law.

General rules

According to the Housing Code of the Russian Federation, residential premises are isolated premises suitable for use throughout the year. They are also required to comply with sanitary and hygiene standards.  

Property that does not meet these standards can be converted into residential property when, if necessary, it meets all the requirements.

It is important to remember that an entire private house or apartment can be residential. A dacha can become residential only if it becomes a permanent structure and the rules for its transfer comply with the rules for using the land.

In addition, only property that is not encumbered by third parties and is legally owned becomes residential premises.

Restrictions

Transfer cannot be made in the following cases:

• If the property is not considered part of real estate located in a zoned residential area that is equipped with utilities.
• If property structures are not in proper operating condition, they have cracks and other damage that pose a danger to the health of citizens.
• If communication systems are located in places accessible to people and pose a risk to their health.
• It does not have a water leakage protection system that is used in everyday life.
• If the property does not have utilities, electrical networks, a security system, heating gas and water supply.

How to convert non-residential premises into residential premises in 2023?

This year there are no special changes in the procedure for re-registration of housing from non-residential to residential. It is necessary to provide a certain package of documents and follow the steps of the procedure.

Step-by-step algorithm

Stages of the procedure and where to go:

1. We are preparing a project for reconstruction or redevelopment. Consent from other apartment owners is required when common property is affected. This is stated in Part 2 of Article 40 of the RF Housing Code.
2. We prepare the papers. The procedure is recorded in Part 2, 2.1 of Article 23 of the Housing Code of the Russian Federation, clause 2.5.1.1 of the Administrative Regulations, approved by Decree of the Moscow Government of October 27, 2015 N 692-PP. The citizen will need: an application for the need to provide a service; passport; title papers for the premises, executed before January 31, 1998 - original and notarized copy; reconstruction or redevelopment project; minutes of the owners' meeting; Additionally, a notice of the meeting and its delivery to all owners, a registration sheet for participants, decisions on all important issues, and a list of citizens who came are attached; conclusion on the compliance of the premises with the requirements.
3. We contact the authorities providing the service. In Moscow - Department of City Property. Paperwork is completed through the MFC or the Internet. The procedure is fixed in part 2 of article 23 of the Housing Code, clause 2.3.3 of the Administrative Regulations. After submitting the papers, the person is given notification of their acceptance. They are reviewed within 48 days. This is regulated by clause 2.7.1 of the Administrative Regulations. The citizen is notified of the decision. The procedure is described in Part 5 of Article 23 of the Housing Code. If a citizen does not agree with it, he can appeal it within 3 months.
4. We carry out the redevelopment of the premises and receive a certificate from the acceptance committee. This is regulated by parts 8, 9 of Article 23 of the RF Housing Code. It takes 10 days to complete.
5. We contact a cadastral engineer and prepare a technical redevelopment plan.

How to convert a garden house into a residential one in 2023 - instructions

One of our subscribers asked for advice on where and how to contact him in order to transfer his house from a garden to a residential one. The question is relevant, we answer.

Important: only garden houses can be converted into residential ones as part of gardening partnerships with the type of permitted use (AP) of the plot “for gardening” or “for dacha construction”, as well as on plots for individual housing construction (IHC). The lands of gardening partnerships do not allow residential buildings to be placed there.

So, the rules for transferring a garden house into a residential one in 2023 are regulated by the updated Government Resolution No. 47. The transfer procedure is carried out by the administration of the locality in which the building is located. To make a house habitable, you will need to go through four stages.

???? Stage 1: get a technical report for your home

The first step is to obtain confirmation that the house is suitable for permanent residence (the requirements are contained in 384-FZ, Part 2, Articles 5, 7, 8, 10). This will require a specialist examination.

It is important to remember that the hired expert must be a member of the SRO for engineering surveys.

You need to choose a company carefully, because the decision of local authorities to transfer the house into housing will depend mainly on the conclusion drawn up.

???? Stage 2: collect a package of documents for submission

• – application for recognition of the garden house as residential;
• – extract from the Unified State Register of Real Estate for the house and land plot;
• – technical report from a specialist at home;
• – in case of encumbrance, consent of third parties who have rights to the house to transfer it to residential (certify by a notary).

???? Stage 3: submit an application and package of documents to the municipality

All collected papers with the application should be handed over to the administration staff - either in person or through the MFC. The application will be considered for 45 days, after which a decision will be made to recognize the garden house as residential.

The municipality may refuse translation for three reasons: 1) if part of the documents is not submitted; 2) the applicant does not have rights to real estate; 3) the type of permitted use of the land does not involve the placement of residential buildings. The decision can only be challenged through court.

???? Stage 4: register changes in the Unified State Register of Real Estate

Upon receipt of a decision to recognize a house as residential, it, along with an extract from the Unified State Register for the house, a passport and a receipt for payment of the fee, must be taken to the MFC, where a specialist will fill out an application for making changes to the register. The procedure takes 14 days.

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New law for summer residents: how to convert a garden house into a residential one

In January, Russians received the right to convert garden houses into residential ones. You can register at your dacha and pay the “rural” tariff for electricity. You can only register in a residential building with a postal address. After purchasing a residential country house, you can receive a property tax deduction.

Until March 1, a simplified procedure for registering already built houses is in effect. The decision to recognize a house as residential is made by the local administration. Summer residents who do not have time to complete their houses by March 1 can submit a notice. Notification of construction is submitted to local authorities. The document describes the building area, the planned height of the house, and the number of floors.

An unregistered country house may be considered an “unauthorized construction.” The law that has entered into force prohibits the construction of new country houses higher than 3 floors.

A gardening partnership can become a property owners' partnership. All contributions from summer residents are now divided into membership and target. The current expenses of the partnership will be paid from membership fees. Targeted contributions will be spent on improving and developing infrastructure. From January 1, contributions are paid only by receipts to a bank account.

There are approximately 60 million summer residents and gardeners in Russia.

Legal expert and lawyer Eduard Sukharev told MIR 24 how to convert a garden house into a residential one.

— Since January, a new law has come into force, which gives summer residents and gardeners the right to register at their dacha, receive a tax and property deduction when purchasing a dacha for permanent residence, and even apply for a special “rural” electricity tariff (lower than the city tariff). But all this is provided that the country house has official residential status. What is needed for a garden house to receive residential status?

Eduard Sukharev: Yes, indeed the government of the Russian Federation has made changes to a number of Russian laws. And from January 1, 2023, owners of country houses and country garden houses have the legal right to administratively recognize a garden house as residential, bypassing the court. As was in principle possible before. It was necessary to file a claim in court and recognize the garden house as residential and, accordingly, it was possible to register there. But the judicial procedure was complex. Now legislators have introduced a notification procedure, that is, any owner of a garden house, the owner of the land on which this garden house stands, has the right to submit a written application to the administration of the district where this garden house is located. This is the local administration. That is, if we are talking about Moscow and the Moscow region, now citizens turn to the multifunctional center (MFC).

— Just wrote a statement and that’s it? Are these some kind of certificates?

Eduard Sukharev: Indeed, there are criteria, that is, the owner must attach to the application a certificate of ownership of the land plot, that the land plot belongs to him.

— That is, exactly in the property?

Eduard Sukharev: Of course, only in property. Has a cadastral passport and cadastral number. Attach an extract from the unified register of ownership rights to real estate. And also the most difficult thing in this procedure is to make a plan for the garden house. That is, the correspondence of a garden house with a residential one.

There are special requirements in the town planning code, and there is a government decree. Special requirements - a residential building must comply, it must be no higher than 3 floors and no higher than 20 meters. Also, the house must be connected to all communications - electricity, heating, sewerage.

Must be built in accordance with building codes, meaning there should be no conflicts with neighbors. The main requirement is that you can live in this garden house all year round and this house complies with all the standards of a residential building, but is built from capital building materials.

This is wood, this is brick and others. Not plywood, not a carriage.

It has its own principles. There is an expert. You can do this through any BTI or contact special experts who conduct such examinations on the compliance of the house with a residential building. This conclusion is also attached to the application when you contact the MFC or the local administration. And the administration must make a decision within 30 days: either approve it or refuse with reason.

— Until March 1, a simplified registration procedure is in effect. After March 1, it will probably become more difficult?

Continue watching the video.

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Residential building and residential building difference 2023

And he receives this right free of charge. The ownership of land confirmed by state registration will become one of the grounds for registration of buildings created on it.

What is required when simplifying cadastral registration and state registration of rights to a house?

In 2023, the list of documents includes: How did the procedure for registering rights become easier during simplification? It does not require permission to put into operation.

And this is a serious document.

As a matter of fact, today the difference between a garden house and a country house has actually been erased, and ordinary people and many lawyers no longer separate these two concepts.

There is still no mechanism for making changes to the State Register to assign the status of housing to dachas. The government has announced the procedure for re-registration of dacha and garden houses into residential ones, however, according to experts, many issues in the document are not resolved. Hundreds of thousands of Ukrainians are owners of dacha or garden houses.

Usually people use them in the warm season, relax there on weekends or all summer, recuperating their children and grandchildren in nature.

However, for many citizens the dacha became their only home. During the “dacha amnesty”, an interesting problem arose: many dacha gardeners cannot register their plots, because it suddenly turns out that their real size and position do not correspond to those recorded in the documents.

Or rather, “interesting.”

The concept of “residential building” has been excluded from Russian legislation

Residential is a room that is isolated from others and meets sanitary standards and fire safety requirements. It should also provide everything for year-round living.

Non-residential premises are considered premises that are not intended for year-round habitation of people - these are service buildings, change houses and areas intended for production.

From January 1, 2023

The bill should replace the current federal law (No. 66-FZ) on horticulture of 1998.

. entries in the Unified State Register of Real Estate regarding the names of these real estate objects are not required, but can be carried out at the request of their copyright holders.”

home,” and the tax will be higher, and will be deregistered for the improvement of living conditions.

General rules

According to the Housing Code of the Russian Federation, residential premises are isolated premises suitable for use throughout the year. They are also required to comply with sanitary and hygiene standards.  

Property that does not meet these standards can be converted into residential property when, if necessary, it meets all the requirements.

In addition, only property that is not encumbered by third parties and is legally owned becomes residential premises.

Restrictions

Transfer cannot be made in the following cases:

• If the property is not considered part of real estate located in a zoned residential area that is equipped with utilities.
• If property structures are not in proper operating condition, they have cracks and other damage that pose a danger to the health of citizens.
• If communication systems are located in places accessible to people and pose a risk to their health.
• It does not have a water leakage protection system that is used in everyday life.
• If the property does not have utilities, electrical networks, a security system, heating gas and water supply.

Lawyers' answers (1)

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How to convert non-residential premises into residential premises in 2023?

This year there are no special changes in the procedure for re-registration of housing from non-residential to residential. It is necessary to provide a certain package of documents and follow the steps of the procedure.

Step-by-step algorithm

Stages of the procedure and where to go:

1. We are preparing a project for reconstruction or redevelopment. Consent from other apartment owners is required when common property is affected. This is stated in Part 2 of Article 40 of the RF Housing Code.
2. We prepare the papers. The procedure is recorded in Part 2, 2.1 of Article 23 of the Housing Code of the Russian Federation, clause 2.5.1.1 of the Administrative Regulations, approved by Decree of the Moscow Government of October 27, 2015 N 692-PP. The citizen will need: an application for the need to provide a service; passport; title papers for the premises, executed before January 31, 1998 - original and notarized copy; reconstruction or redevelopment project; minutes of the owners' meeting; Additionally, a notice of the meeting and its delivery to all owners, a registration sheet for participants, decisions on all important issues, and a list of citizens who came are attached; conclusion on the compliance of the premises with the requirements.
3. We contact the authorities providing the service. In Moscow - Department of City Property. Paperwork is completed through the MFC or the Internet. The procedure is fixed in part 2 of article 23 of the Housing Code, clause 2.3.3 of the Administrative Regulations. After submitting the papers, the person is given notification of their acceptance. They are reviewed within 48 days. This is regulated by clause 2.7.1 of the Administrative Regulations. The citizen is notified of the decision. The procedure is described in Part 5 of Article 23 of the Housing Code. If a citizen does not agree with it, he can appeal it within 3 months.
4. We carry out the redevelopment of the premises and receive a certificate from the acceptance committee. This is regulated by parts 8, 9 of Article 23 of the RF Housing Code. It takes 10 days to complete.