Is it possible and how to transfer non-residential premises into residential ones: procedure and conditions - the procedure for transferring a non-residential building into residential ones in 2023

The transfer of a building from a non-residential building to a residential one is required by almost every owner of this property. This procedure provides many advantages to the owner of the building, but also has many difficulties.

To implement it, it is necessary that the structure meet certain requirements or conditions. If the process is successfully completed, a residential property is formed that can be used for permanent residence, rental or sale.

Often, applicants are people who want to improve their living conditions.

Concept

The residential complex establishes the concept of both a residential building and a non-residential one. In the first case, there is an object that can be used for permanent residence of people. It must be isolated, equipped with the necessary communications and corresponding to numerous sanitary conditions.

Non-residential premises are used for various purposes not related to human life. They can be used to set up a commercial enterprise or for domestic purposes. It is allowed that they lack any communications and heating. Such buildings include various outbuildings and other structures.

When is translation required?

The procedure for converting a building from non-residential to residential may be required for various reasons. Non-residential buildings are in demand objects, as they can be used for business activities or other purposes. If the owner needs a residential property, he can change the purpose and category of his property.

Most often, the transfer of a building from a non-residential building to a residential building is required in the following situations:

• A large company needs to provide its employees with residential premises for permanent residence, but the company only has a non-residential facility that is not used for any purposes.
• There is no need for the owner to use the property for any purposes not related to human habitation, so all rooms in the building are converted into living rooms.
• The business activity of a person or company ceases, so the non-residential building is converted into a residential building.

There may be other good reasons for undertaking this process. It is carried out only with the assistance of government agencies, and also on the condition that the existing facility meets certain requirements.

What are the requirements?

The transfer of a building from non-residential to residential is possible only if certain significant conditions are met. This issue is being considered by local authorities. The main requirements include:

• The presence of any encumbrance represented by a lien or lien on this property is not permitted.
• If the owner of the premises has not yet repaid the mortgage that was originally issued for the purchase of this property, then it is not allowed to make any fundamental changes to the documents for this property.
• The transfer process cannot be performed by the tenant, since only the direct owner of the property has this ability.
• The existing premises comply with numerous sanitary and technical standards, so they can really be used as a place for permanent residence of people.
• A fire protection system is required.
• This building must be connected to all necessary communications, which include heating, sewerage, gas supply and electricity.
• The object must be located within a residential area with developed infrastructure.
• The area surrounding this property must be safe for use.

Even if at least one of the above conditions is not met, this is grounds for refusing the transfer. The possibility of translation is being considered by a specially created commission that is studying all the features of the existing object. Therefore, the owner of the premises must first take care of putting the property in order and preparing it for the planned process.

When is the procedure prohibited?

The procedure for transferring a building from non-residential to residential is not allowed in the following situations:

• the structure is in disrepair;
• the use of this building for residential purposes may harm the health or life of citizens;
• the facility is located in an industrial zone of the city;
• there is no possibility to connect the premises to the most important utilities.

Under such conditions, the transfer will be refused in any case.

Other Important Terms

The requirements for converting a building from non-residential to residential are truly numerous. Therefore, other significant conditions include:

• it is often necessary to first carry out reconstruction or significant repair work;
• the applicant must have all the necessary title documents, since only the legal owner of the object can engage in the process;
• it is required to carry out redevelopment, which must be agreed upon with BTI employees and the local administration of the region;
• if a process is being carried out in relation to an apartment located in a multi-storey building, then a positive decision can be made only if this object is located on the ground floor of the building.

If the object belongs to several persons, then the consent of all co-owners is required for the transfer.

Process nuances

The procedure for converting a building from non-residential to residential consists of performing certain successive steps. The main features of the procedure include:

• You must contact the local administration of a specific city for transfer;
• You should first make sure that the existing facility actually meets many of the requirements;
• if necessary, repairs or reconstruction are carried out;
• It is important to prepare for inspections by various government organizations, which must confirm that the property can be used as the main place of residence of people.

The translation process is free, but you should still be prepared for certain financial expenses associated with reconstruction or obtaining various documents. Making changes to the Unified State Register requires payment of a fee.

Stages of the procedure

Initially, you should ensure the feasibility and possibility of transferring the building from a non-residential building to a residential one. Whether it is possible to complete this process can be found out from specialized companies offering these services.

The organization’s employees will examine the object and available documents, and then tell you how to complete the procedure. Some companies even offer paid services for transferring a building from a non-residential building to a residential one.

In this case, the company’s specialists are involved in all stages and preparation of documents, but the cost of such work is considered high.

Direct translation is divided into stages:

• documents necessary for the administration to determine the possibility of transfer are prepared;
• an application with other papers is submitted to the local administration of the region;
• if reconstruction or major repairs were carried out, then supporting documents are required;
• an application with other documentation is considered within 45 days;
• An objective decision is made by administration employees regarding a change in the status of an object or a refusal to carry out this process.

The applicant can be not only the direct owner of the object, but also his authorized representative who has a notarized power of attorney. The costs required to carry out the process depend on the need for reconstruction and the creation of technical papers.

What papers are required?

The documents necessary to transfer a building from non-residential to residential, confirming the validity and possibility of this process, are prepared by the direct applicant. These include the following documentation:

• passport of the object owner or authorized representative;
• power of attorney, if the process is handled by the owner’s representative;
• title documents for the object;
• if redevelopment was carried out, then a corresponding project is needed;
• the conclusions of the fire inspectorate and sanitary epidemiological station workers that the facility really meets all the requirements and can therefore be used for permanent residence of people;
• papers received from the technical accounting organization;
• other certificates confirming that the object meets various requirements.

Only on the basis of this documentation is the official transfer of the building from a non-residential building to a residential one carried out.

Where to apply?

Many owners of non-residential properties are thinking about how to transfer a building from a non-residential building to a residential one. How to transfer real estate? To do this, you need to collect documents transmitted to different organizations in the following ways:

• direct contact with representatives of the local administration of the region;
• transfer of documents through an intermediary represented by the MFC.

If after verification a positive decision is received, it will be presented in an official document. It is submitted to Rosreestr with other documentation for the facility, as a result of which certain changes are made to the Unified State Register. Based on these adjustments, the property becomes a residential property.

How to get a positive decision?

In order for the administration representatives to make a positive decision as a result of this process, the following recommendations are taken into account:

• if redevelopment is planned, then this procedure is carried out with the consent of all co-owners of the object;
• You can find out exactly how many documents you will need directly from the local administration of the region;
• To prepare a technical plan, you should contact a cadastral engineer who has a license for this work.

If a positive decision is made, it is enshrined in an official document. It is this that serves as the basis for making changes to the Unified State Register of Real Estate. To make sure that there really is now a residential building, an extract from the Unified State Register of Real Estate is ordered, containing information about the parameters of the object.

What are the restrictions?

It is not always possible to transfer a building from a non-residential building to a residential one. Often, property owners have to deal with certain difficulties and restrictions. These include:

• Only the owner of the premises, and not the tenant or user, can perform the procedure;
• the consent of all co-owners is required;
• it is impossible to complete the process if there is any encumbrance;
• in some cases, even redevelopment or reconstruction does not make it possible to prepare the object for permanent residence of people;
• It is not always possible to connect various engineering communications to the building.

Documentation submitted to the local administration is reviewed within a maximum of 45 days. The costs that the owner will have to bear depend on what kind of work needs to be done on the premises in order for it to meet numerous requirements.

Conclusion

Any owner of a non-residential property can try to convert the building into residential property. To do this, certain rules and requirements must be observed. The process is carried out only when contacting the local administration of the region.

In some cases, transfer is not possible, so you need to make sure in advance whether reconstruction or redevelopment is advisable. To implement a translation, it is necessary to prepare many documents confirming the object’s compliance with various requirements.

Is it possible to convert non-residential premises into residential premises?

If certain conditions are met, it is possible to convert non-residential premises into residential ones. We will talk about what these conditions are and how to convert non-residential premises into residential ones in our article.

How to convert non-residential premises into residential ones

Re-registration of non-residential premises into residential premises is possible subject to the following conditions:

1. the premises belong to you as property and other persons have no rights to it (there are no valid contracts, leases, loan agreements, etc.);
2. the premises meet the requirements for residential premises, or it is possible to bring the premises into compliance with such requirements.

Preparation of a project for reconstruction (redevelopment) of non-residential premises

Reconstruction and (or) redevelopment of the premises will be required to meet fire and sanitary requirements for the future living space, as well as for the possible elimination of a separate entrance (if any).

Information about fire safety and sanitary requirements for the premises after its transfer to residential use can be obtained from the departments of Rospotrebnadzor and fire supervision at the location of the premises.

In some cases, before reconstruction (redevelopment), it will be necessary to obtain the consent of the owners of apartments in an apartment building. This applies to cases where the reconstruction affects part of the common property.

Consultation with companies that provide services for preparing documents for re-registration of the transfer of non-residential premises into residential ones may be useful.

To carry out reconstruction (redevelopment), you will need a project prepared in compliance with the required conditions. In particular, such a project can only be carried out by a specialized organization that has a certificate of admission to carry out design work.

Note that an individual entrepreneur can act as a specialized organization.

Submission of documents to the authorized body

The transfer of non-residential premises to residential premises is carried out by the local government body. Therefore, documents for reconstruction (redevelopment) must be submitted to this body independently or through the MFC (or electronically via the Internet). In Moscow, the transfer of non-residential premises to residential premises is carried out by the City Property Department.

After accepting the documents, you are given a receipt indicating the list of documents and the date of their receipt by the authority carrying out the transfer of premises. The receipt also indicates information and documents that will be received by the authority as a result of interdepartmental requests. In case of transfer of documents through the MFC, a receipt is issued by the specified center.

You will be given an answer within 48 working days (45 days are given to the authority to make a decision and 3 days to communicate the decision to you). The response is sent to the address you specified or through the MFC.

If you receive a refusal to transfer, you can appeal it in court within three months from the day you became aware of the refusal.

Signing the act of reconstruction (redevelopment)

The transfer of premises from non-residential to residential is considered completed after the commission signs the act of completed reconstruction (redevelopment). The act must be signed within 10 days from the date you submit the relevant application.

The acceptance committee act is the basis for using the premises as residential.

Preparation of a technical plan for a residential premises

You need to prepare a technical plan for the renovated (redesigned) premises.

To prepare the plan, you will need to enter into an agreement for cadastral work with an organization that has a cadastral engineer on staff or with a cadastral engineer who is an individual entrepreneur. At the same time, both the organization and the individual entrepreneur must be members of a self-regulatory organization of cadastral engineers.

The technical plan is prepared in the form of an electronic document, certified by an enhanced qualified electronic signature of a cadastral engineer and independently, by the organization or individual entrepreneur, together with other documents, transferred to the Unified State Register of Real Estate (Rosreestr) for cadastral recording of changes made to the characteristics of the premises.

Obtaining an extract from the Unified State Register of Real Estate

• Rosreestr, within 15 working days from the date of receipt of the documents, enters the relevant information into the Unified State Register of Real Estate, of which it notifies you within five working days after the changes are made by sending to your email address a link to the electronic document posted on the official website, or by sending the document to your email address. address.
• State cadastral registration and state registration of your rights to residential premises are certified by an extract from the Unified State Register of Real Estate.
• You can submit a request for an extract:

• upon personal contact with Rosreestr;
• by mail;
• in electronic form in the form posted on the official website and single portal;
• in electronic form by sending an electronic document using web services.

The fee for providing an extract from the Unified State Register is:

• 750 rubles - for an extract in the form of a paper document;
• 300 rubles - for an extract in the form of an electronic document.

What documents are needed to transfer non-residential premises to residential premises?

To transfer non-residential premises to residential premises, you must have the following documents:

1.  application for transfer of non-residential premises to residential premises;
2.  a document proving your identity or documents proving the identity and authority of your representative;
3.  title documents for non-residential premises;
4.  technical passport for non-residential premises;
5.  floor plan of the house;
6.  project for reconstruction and/or redevelopment of the premises (if necessary);
7.  minutes of the general meeting of owners of premises in an apartment building with appendices, which include: 

• • notices of the meeting;
  • lists of owners; 
  • powers of attorney (if representatives of the owners took part in voting at the general meeting);
  • documents confirming delivery of the notice to each owner;
  • registration sheet for meeting participants;
  • results of voting on issues put to vote.

  8. decision of the guardianship and trusteeship authority confirming the powers of the legal representative (if the owner of the transferred premises is a minor citizen).

But you may not prepare the documents specified in paragraphs. 4) and 5), as well as the document specified in clause 3), if the right is registered in Rosreestr. If you fail to submit these documents, these documents will be independently requested by the authorized body carrying out the transfer of premises.

Transfer from non-residential to residential in 2023

1. Statement from the owner (link to sample is given below). It must contain a request for transfer.
2. Cadastral passport, which confirms ownership of the premises. It is allowed to provide copies of the document certified by a notary.
3. Those. real estate passport.

   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.

The most problematic aspect of this procedure is the preparation of 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.

The procedure for transferring residential premises to non-residential premises in 2023

The reason is that the citizen did not submit a complete package of documents to the municipal authority. A list of missing papers is compiled and a notification is sent to the applicant within 3 days. The applicant is obliged to submit them for consideration no later than 15 days. The requirement is ignored - a decision is made to refuse to change the status of the object.

1. Visit the territorial department of the Property Management Department - request a plan of all floors and an explication of the building. The document is issued after 30 days.
2. Contacting the BTI - obtaining a technical passport of the object, a graphic plan.
3. We obtain permission from the sanitary and fire departments.
4. We receive a certificate from DEZ.
5. Neighbors' signatures.
6. An application addressed to the head of the management company will issue a final report on the technical condition of the apartment building.
7. Extract from the house register - information about registered, living citizens.
8. We order a redevelopment project (specialized organizations).
9. Submitting an application to the Property Department to transfer an apartment from residential to non-residential. The commission will review the appeal within 45 days and make a decision.
10. BTI - the structure is obliged to provide calculations determining the cost of changing the status of the premises.
11. We receive a protocol from the housing commission on the price.
12. We submit papers to Rosreestr - it is permissible through the MFC, in person.
13. We pay the state fee.

How to convert residential premises into non-residential premises

If a refusal is received from one or another commission at one of the stages of obtaining permission to change status without any accompanying documents that clearly describe the reasons for the refusal, then such a decision can be appealed in court. It is worth going to court immediately, so that, as they say, you can go in hot pursuit.

• a statement of desire for transfer, the reason is indicated here and the signature of the owner of the premises is required;
• passport of the apartment from the BTI, operation of the apartment, and the floor plan of the premises is indicated;
• contract or certificate of ownership;
• an extract from the house register, which must indicate that no one lives in the apartment, either permanently or temporarily;
• a certificate from the housing office, which describes the premises located on the same floor as the apartment;
• certificates from the fire and sanitary inspection about the condition of the apartment;
• technical report issued by the organization servicing the house.

Transfer of premises from non-residential to residential 2023 consent of the owners

In order for this process to proceed quickly and without unnecessary financial and emotional costs on the part of the owner, it is necessary to carefully study the legal norms and requirements that apply to the premises, collect the necessary documents and evidence confirming the legality of the transfer.

Government of the Russian Federation dated August 10, 2005 No. 502. If in order to use an apartment as a non-residential property it is necessary to carry out some work (repair, restoration, reconstruction, redevelopment, redevelopment), the notification indicates a list of such work. Transferring residential premises to non-residential premises: complete and step-by-step instructions To do this, several conditions must be met:

The procedure for converting a non-residential building in SNT into residential

If the house has undergone redevelopment, you will need to submit design documentation. The person making the appeal will have to write a statement containing the purpose.

In particular, you can indicate that you need to transfer your country house to the category of residential premises for the reason that you want to live in it on a permanent basis and are registering there. It must be permanent.

You will also need to copy the document that verifies your identity. A receipt indicating payment of the state duty may also be added to these papers.

Please note that not all plots that are in a garden or dacha partnership, as well as farming and horticulture, have the opportunity to change the purpose for individual construction. This may be due to the fact that the municipal authorities have ownership rights regarding real estate.

How to convert non-residential premises into residential ones

This resolution on changing the nature of land use is made by the municipality, administration, department that is responsible for the housing stock. If a citizen receives a positive decision, then he should contact the Cadastral Registration Authority. He issues a new cadastral passport for the land and residential building. Next, the person registers the received documents in the Unified State Register.

Drawing up technical and design documentation also requires payment for services. The price of such a service consists of the following factors: region, scale of work, technical condition. Also, most of the material costs are borne by the redevelopment of the premises.

Transfer from non-residential to residential in 2023

Contents: The first thing you should know is that 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.

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.

We recommend reading: Housing and communal services benefits for pensioners in 2023 latest news

How to convert non-residential premises into residential ones

The entire procedure will take the owner about 45 days, provided there are no hiccups.

If the transfer was refused and the applicant considers this decision to be unfair, he can challenge it in court.

If the outcome of the case is positive, the authorized organization will be obliged to forcibly implement legal measures by issuing the owner permission to transfer non-residential real estate to residential real estate.

1. Garden plots. Residential buildings are prohibited on land intended for gardening, and non-residential premises built here are not subject to recognition as residential.
2. Dacha land plots. Can be used to build a residential building.
3. Garden plots of land. It is possible to build permanent residential buildings on them, but residential premises are not allowed.

Transfer of a country house from non-residential to residential 2023

Submit a claim and copies of documents to the court located at your place of residence.

Stage 4. Participate in court proceedings. Think over the evidence base, justify your demands, then the court will be on your side.

Stage 5. Receive cadastral and technical documentation for the house.

Stage 6.

However, this requires that it be suitable for year-round use. If it does not meet technical standards, then everything needs to be eliminated and redevelopment done; There will be no further problems with translation. What about the land plot? The transfer of land intended for agricultural needs into land for individual housing construction is possible.

Transfer of a non-residential building to a residential building, latest changes for 2023

23 of the RF Housing Code and is exhaustive. For transfer, the applicant (owner of the apartment) submits to the local government: If these documents have not been submitted, the local government independently requests them from the relevant authorities.

After this, within forty-eight days from the moment of its submission, a response is received from the state property department with either consent or refusal. In case of a negative decision, you can appeal it in court within three months from the date of receipt of the notice.

Transfer from residential to non-residential 2023 consent of homeowners

The notification form is approved by Decree of the Government of the Russian Federation dated August 10, 2005 No. 502. If in order to use an apartment as a non-residential property it is necessary to carry out some work (repair, restoration, reconstruction, redevelopment, redevelopment), the notification indicates a list of such work.

To do this, several conditions must be met:

• The condition of the house and apartment meets technical standards and is not in disrepair.

A person engaged in business activities legally has the right to residential premises.

Transfer to non-residential stock in 2023

In the first method, they provide the authorities with false extracts from the minutes of meetings of residents, which in reality did not take place. As it turns out later, approval signatures in such protocols are often left even for those who have long been dead.

This article will discuss in detail how to correctly change the status of a room, and what exactly is needed for this. Before getting down to business, you need to clearly know the basic concepts spelled out in the law, so that in case of misunderstanding or difficulties you can easily operate with them.

How to convert non-residential premises into residential in 2023: step-by-step instructions

Residential means real estate that provides all the conditions for permanent residence and meets all required standards. Non-residential is considered to be one in which there are no conditions necessary for life. These are: offices, shops, country houses, factory workshops, warehouses and the like.

Owners of real estate that has non-residential status can re-register it if they wish. In order to convert non-residential premises into residential premises, the personal initiative of its owner is required. It will be impossible to do this without her. If the property is owned by shared owners, all co-owners are required to draw up a corresponding statement, which must then be certified by a notary.

Before converting non-residential premises into residential ones, you need to make sure that they are not mortgaged or under arrest.

If the property is on credit, then before the transfer is made it must be fully paid and all debts repaid.

Everything that is in it must be in good working order, technical standards must be met, and the room itself must be equipped with minimal household amenities.

Until all points and requirements are met, it will not be possible to redecorate the premises. To do this, in some cases, reconstruction, repair or renovation is required, after which the actual condition of the still non-residential area will be considered possible for conversion to residential.

By the way, it’s useful to know which ones overlap.

How to convert non-residential premises into residential ones: step-by-step instructions

• Once the commission has determined that the premises are suitable for transfer from non-residential to residential, all necessary measures (repairs, redevelopment) have been observed, it is time to begin the formalization of the procedure itself.
• We will answer your question in 5 minutes!
• To carry out the transfer of any non-residential premises to residential premises, the conditions and procedure of which are determined by housing legislation, first of all, it is necessary to collect documents. The following are mandatory:

• passport of the property owner;
• an application requesting the transfer of premises from non-residential to residential;
• the applicant’s title documents for the real estate being re-registered;
• conclusions of the SES and housing services on the compliance of the area with the required standards;
• floor plan of the building on which the premises are located;
• (on demand);
• if redevelopment is necessary, the corresponding project.

If the right to build is registered in, an application and a redevelopment project will be sufficient, if required to comply with the regulations. If you think that a mistake was made during the assessment, you can go to court.

After all the documents have been collected, they must be submitted to the multifunctional legal center or directly to the municipality where the property is registered. The contents of the document package is recorded by the person who accepted it, and the applicant is given a corresponding certificate with a signature. This is followed by the practical stage of converting non-residential premises into residential premises.

Sometimes a property may not be considered suitable for habitation and may require changes to the layout, etc. In this case, it is necessary that the owner initiating the re-registration of the area must carry out repairs in accordance with the approved plan, agreed upon with the municipality.

It will be useful to learn about the reverse procedure, as well as how you can get it.

We issue a new certificate of ownership

When the redevelopment is done and the documents are collected, it's time to submit an application. After this, within forty-eight days from the date of its submission, a response is received from the state property department with either consent or refusal.

As soon as the notification that non-residential premises are allowed to be converted into residential premises, it is necessary to obtain a new one for it, a floor plan (both must be taken from the BTI), and a certificate of ownership. In order to obtain a new title document for real estate, you need to provide:

• statement;
• copy of passport;
• existing ownership documents;
• BTI certificates;
• receipt for payment of state duty.

The application along with the documents is submitted either to Rosreestr or to the MFC, after which a new registration will be issued within ten days from the date of submission.

Useful information: how to find out.

Infographic “How to convert non-residential premises into residential premises?”

Is it possible to convert non-residential premises into residential premises in 2023 - what is this, it is carried out in an apartment building

The need to change the status of real estate raises a lot of questions regarding the legally defined procedure. How can non-residential premises be converted into residential premises and vice versa in Russia in 2023?

The development of market relations in Russia has led to the fact that many residential premises have been converted into commercial properties.

Over time, the situation has changed. Small shops, salons and offices in residential buildings have lost their relevance.

Are authorized structures increasingly receiving applications for the transfer of non-residential premises to residential ones? How to correctly change the status of real estate in 2023?

Key Aspects

The issue of converting non-residential premises into residential ones is related to the possibility of increasing living space. Of course, commercial premises can be converted for permanent residence.

But you won’t be able to use it as an ordinary apartment. First of all, you cannot register in non-residential premises.

But if registration is not particularly important, then you need to remember the cost of servicing commercial facilities. Tariffs for some public services for “businessmen” are almost twice as high.

The procedure for changing the status of real estate is specified in detail in the housing legislation. The main conditions include:

• existence of ownership rights to the object;
• absence of encumbrances and rights of claim from third parties;
• compliance of the premises with the requirements for residential buildings.

What it is

• According to the norms of Russian legislation, a premises is considered residential if it is isolated and meets the fire-technical and sanitary-epidemiological standards necessary for the normal living of people.
• Therefore, a sufficient amount of living space is not the only requirement when converting a non-residential property into residential premises.
• A mandatory requirement is the presence of auxiliary rooms that are required to meet household needs (kitchen, bathroom).

Non-residential premises are objects not intended for human habitation. Its purpose is to fulfill social, administrative, production, cultural and other goals.

A detailed list of technical requirements for a residential property is given in the second section of the Regulations approved by Decree of the Government of the Russian Federation No. 47 (as amended on January 28, 2006).

Non-residential premises being converted into residential premises must be free from encumbrances of any nature. In addition, an indisputable right of ownership is required, unlimited in time.

If the object belongs to a citizen or organization on a lease basis or under a mortgage, then it is not possible to carry out the transfer.

Among other things, other conditions are also important:

The room must be part of the facility	Located on a zoned residential area equipped with basic engineering and technical communications
Load-bearing structures of the future residential building	Must not show signs of deformation or other defects that pose a threat to life
If redevelopment is necessary	All necessary work must be installed by the time you apply for a change in the status of the object

What is the purpose of the procedure?

The main motives for converting non-residential premises into residential ones are:

Increasing demand for housing in areas	Considered prestigious
Oversaturation of populated areas with small shops	Hairdressers, service salons, etc.

1. Basically, objects that were previously apartments, but converted for commercial activities, are being converted into residential premises.
2. About 10-15 years ago, premises on the ground floors of apartment buildings were often converted into convenience stores, offices, workshops and other service facilities.
3. Currently, such objects have lost their relevance, have become unprofitable and a significant part of them are empty.

Re-registered non-residential premises with the status of a residential property can be used for living. It can be rented out or simply sold.

Often it is necessary to recognize residential premises that were originally built as auxiliary buildings.

Whatever the purpose of converting non-residential premises into residential premises, the requirements of the law will remain unchanged. Until compliance with the standard is ensured, the translation will not be possible.

Legal basis

The procedure and conditions for transferring residential premises to non-residential premises and vice versa are clearly regulated in the Housing Code of the Russian Federation.

Article 9 of the Housing Code of the Russian Federation states that the status of the premises can be changed only if the following conditions are simultaneously met:

• the presence of the will of the owner and the consent of the co-owners;
• written notarization of consents of all interested parties;
• positive decision of the authorized bodies.

In this case, the authorized body has the right to refuse translation if the technical requirements do not comply with the approved standards or the applicant does not have sufficient rights to the object.

An unfounded decision can be appealed in court within three months.

The detailed procedure for transferring residential premises to non-residential, as well as non-residential to residential, is set out in Articles 22-24 of the Housing Code of the Russian Federation.

Among the main points, it should be noted that residential premises can be converted into non-residential premises if they are located on the ground floor or separately.

If the premises are located on the second floor or higher, then in order to transfer it to non-residential status, all premises located underneath must be non-residential.

Mandatory requirements also include unencumbered ownership and the absence of registered persons in the premises.

As for the transfer of a non-residential property to housing stock, the main requirements are compliance with living standards.

Requirements for residential and non-residential objects are listed in Chapter 3 of the Town Planning Code of the Russian Federation.

How is the transfer of residential premises to non-residential premises carried out?

The transfer of residential premises to non-residential premises is permitted if certain requirements are met. The main thing is the location on the ground floor or for subsequent floors the absence of living quarters below.

Changing residential status to non-residential is considered unacceptable if:

Access to the facility is impossible without using the premises	General use for residential apartments, that is, non-residential premises in an apartment building must have a separate entrance
There is no technical possibility to equip a separate entrance	It is not possible to make a doorway in an external wall
The premises being transferred are part of the residential premises	A room in a communal apartment or part of a residential apartment
Ownership is encumbered	Rights of third parties (rent, lease)

Local authorities deal with issues of re-registration of the status of premises. In some large cities, this function is carried out by a body of appropriate specialization.

For example, the Housing Fund Department of the Municipal Property Department, the Department of Urban Affairs.

In Moscow, such requests are considered by the Department of Design and Approvals or the Department of Housing Policy and Housing Fund.

The official transfer procedure begins with the submission of the necessary documents. Based on them, a decision is made on the possibility of changing the status of the object.

What documents will you need?

The list of documents required for the transfer of residential premises to non-residential premises is given in Article 23 of the Housing Code of the Russian Federation:

Sometimes the consent of neighbors is additionally required. For example, when it is necessary to equip a separate entrance, which entails violating the integrity of the load-bearing walls of the house and using a common area for entry.

However, the approved list is not closed. By decision of the authorized bodies, the list may be expanded.

An example is Moscow, where it is additionally necessary to provide:

• conclusion of Rospotrebnadzor;
• technical report on the condition of the house;
• gas removal project;
• noise calculation project;
• power supply project;
• premises refurbishment project;
• conclusions of the Ministry of Emergency Situations UGPS, APU, OPS, MOSGAZ;
• situational plan;
• façade design;
• geological basis from Mosgorgeotrest;
• order of the Moscow Housing Inspectorate;
• permission to connect power;
• coordination with architecture;
• conclusions and approvals from other interested services.

Thus, the composition of the package of documents depends on the characteristics of the location of buildings, locality and other factors. The exact list of documents should be clarified with the authorized bodies.

The application is considered within forty-five days, after which the applicant is sent a notification of a positive decision or a reasoned refusal.

The authorized body independently transmits the necessary information about changes in status to Rosreestr. Fifteen days are allotted for entering data into the Unified State Register.

• After this, the owner is notified of the changes within five days by sending a link to the relevant document to the registered email address or by mailing a paper extract from the Unified State Register of Real Estate.
• If the changes are not registered within the required period, the owner can independently contact Rosreestr.
• The necessary documents are requested within three days, and it takes another five days to make an entry in the register.

Where is the best place to start?

You need to start the process of converting residential premises into non-residential ones with documents. If reconstruction or redevelopment is required, it is necessary to order the appropriate project.

It is better to contact an organization that has a license for project activities (if the project is drawn up with violations, the translation will be refused).

The entire procedure can be divided into three stages:

Preparation and submission of documents and applications to authorized authorities	With all necessary documents attached. If redevelopment is necessary, a project is submitted at the same time
Changing the floor plan	According to the approved project and coordination of reception with the competent authorities (the commission accepting the premises for operational use) to obtain a certificate of commissioning of the facility
Registration of ownership	For premises with changed status

The process itself includes a minimum of steps. But collecting documents can take a lot of time.

Since you will need to coordinate the possibility of translation with various services, it is advisable to familiarize yourself with the requirements for the premises in advance and bring the facility into proper condition before calling specialists.

The slightest deviation will not allow you to receive a commissioning certificate until the discrepancies are eliminated.

What is the cost of services (price)

Direct transfer of residential premises to non-residential premises and vice versa and the issuance of the corresponding document on the change of status is carried out free of charge.

Redevelopment of the premises will require expenses, in particular the development of a project and carrying out repair work.

According to Article 25 of the Housing Code of the Russian Federation, any redevelopment must be reflected in the technical passport of the premises.

The change must first be agreed upon with the commission of the authorized body. Next, a redevelopment project is ordered from the design office and permission to carry out repair work is obtained.

Video: how to convert non-residential premises into residential ones

The amount of costs depends entirely on the final scope of work. Coordination of the project takes the most time, since the rules for operating the building must be observed.

It is not allowed to change the design features of the facility if this poses a risk of destruction of the building.

To obtain all necessary permits from service organizations and coordinate the project as soon as possible, it is advisable to use the help of lawyers. Such services will cost approximately 250,000-350,000 rubles.

Is residents' consent required?

Reconstruction of premises in an apartment building often affects neighboring apartments, especially those located next door. The type of new property also matters, since the owners may oppose the appearance of a commercial premises in the house.

Before the transfer begins, it is necessary to agree with the residents on the design of the future premises.

For approval, a protocol of the general meeting of residents with a list of participating owners and the decision made is required.

In some cases, consent is not required in principle. But authorities often refuse reconstruction precisely because of the disagreement of the residents of the house.

How to translate correctly in an apartment building

Reconstruction of premises in an apartment building requires the convening of a general meeting of owners. If the redevelopment will affect the share of common property, then a unanimous decision must be obtained.

1. When changes to the common property are not intended, obtaining a majority vote is sufficient.
2. To organize a general meeting, an application is submitted to the management company with a request to vote on the transfer of residential premises to non-residential premises.
3. The applicant is given an extract from the decision of the general meeting, which is held according to a planned schedule or through an extraordinary convocation.

But even after receiving a positive decision, it is advisable to coordinate the process personally with each owner.

The transfer of residential premises to non-residential premises is not allowed if the sole opponent of the transfer files a complaint with Rosreestr.

As for the land plot in front of the entrance to non-residential premises, permission for use must be obtained from the owner of the territory. These may be the owners of the apartment building or the municipality.

Arbitrage practice

Refusal to transfer residential premises to non-residential premises or vice versa can be appealed in court. Sometimes the decision changes in favor of the plaintiff.

Judicial practice boils down to the fact that the court is guided by such facts as:

• compliance with premises requirements;
• no changes affecting the integrity of the building;
• respecting the interests of interested third parties;
• availability of necessary permits from authorized bodies.

• An interesting case was when a citizen of Novorossiysk wanted to transfer his apartment to non-residential use.
• He submitted documents and a redevelopment project to the administration, providing for changes inside the apartment that did not affect the load-bearing structures.
• The entrance was planned to be equipped in place of the window, which required the use of a common area.

The residents opposed the transfer of the premises and filed a protest in court. After studying all the circumstances, the court rejected the tenants' claim.

The Ruling of the RF Armed Forces No. 80-B09-26 dated January 13, 2010 states that it is not necessary to obtain the consent of all residents, since the common property is not affected and the changes will not affect the design features of the building.

As for the territory in front of the entrance, the court ordered the defendant to form a plot and register it with the cadastral register. In this case, the plot becomes part of the common shared ownership.