Consent of residents to transfer residential premises to non-residential premises in an apartment building in 2023

The State Duma of the Russian Federation in the third reading adopted a bill on new rules for transferring residential premises in an apartment building to non-residential ones. We tell you what will change in the process of changing the status of residential premises in accordance with the bill and what additions in this regard will be made to the Housing Code of the Russian Federation.

The procedure for transferring housing stock to the status of non-residential premises is specified in Art. Art. 22 – 23 Housing Code of the Russian Federation

The basic rules for transferring residential premises to non-residential premises and back in an apartment building are prescribed in Art. Art. 22 – 23 Housing Code of the Russian Federation. In the current version, Part 2 of Art. 22 of the RF Housing Code states that it is impossible to change the status of a premises to non-residential if:

• it does not have a separate entrance and it is impossible to equip such an entrance;
• it is part of the living space;
• someone permanently lives in it;
• it is burdened with the rights of any persons.

A residential premises can become non-residential if it is located on the ground floor or above, but only if the premises below it are also non-residential (Part 3 of Article 22 of the RF Housing Code).

If everything specified in Art. 22 of the Housing Code of the Russian Federation, the conditions are met, then the owner of the residential premises must apply to the local government body with an application to transfer the apartment to the status of non-residential premises. He must attach to the application documents certifying ownership: originals or notarized copies (Part 2 of Article 23 of the Housing Code of the Russian Federation).

At the same time, in accordance with Part 2.1 of Art. 23 of the Housing Code of the Russian Federation, the owner may not provide the municipality with title documents, as well as the registration certificate of the premises and the floor plan of the apartment building, if information about the premises is included in the Unified State Register of Real Estate. The LSG body is obliged to independently request them.

If the local self-government body makes a positive decision to change the status of the apartment, then it must notify the owners of the premises adjacent to such an apartment (Part 5 of Article 23 of the Housing Code of the Russian Federation).

Can tariffs for SOI differ for residential and non-residential premises in apartment buildings?

The new law will oblige apartment owners to obtain the consent of the OSS for its transfer to non-residential premises

The current rules will be tightened in connection with the adoption by the State Duma of the Russian Federation in the third reading of bill No. 542922-7. At the time of writing, it had already been approved by the Federation Council of the Russian Federation and sent to the President of the Russian Federation for signing.

After the law is signed and comes into force, in order to transfer residential premises to non-residential premises, the owner will need not only to provide a separate entrance to the premises, but also to exclude the possibility of access to it through the rooms and corridors that are used to enter the residential premises of the house. That is, when converting an apartment into an office, the owner will have to, in fact, wall up the door that leads to the entrance.

Not only will the conditions for transferring the residential premises of an apartment building into non-residential ones be added, but also the list of necessary documents in accordance with Part 2 of Art. 23 Housing Code of the Russian Federation. The owner will be required to provide the local self-government body with:

• OSS protocol, in which the transfer of residential premises to non-residential status was approved;
• written consent of each owner of all apartments adjacent to the future non-residential premises.

Consequently, without the demand of the majority of apartment owners in apartment buildings, it will no longer be possible to transfer one of them to the status of non-residential premises. If at least one neighbor refuses such a transformation of the adjacent living space, then it will no longer be possible to convert the apartment into non-residential premises.

The Supreme Court of the Russian Federation on the redevelopment and reconstruction of premises in an apartment building

The owner will be required to obtain written consent from the owners of adjacent premises

In Art. 23 of the Housing Code of the Russian Federation, a separate part will appear, which will describe in detail which premises are considered adjacent and how its owner must express his consent to the transfer of the neighboring apartment to non-residential premises.

Any room that has a common wall with an apartment changing its status, as well as those located above and below it, will be recognized as adjacent. The owners of all these premises must express written consent to the transfer of the apartment to non-residential premises. Consent is given in any form.

In written confirmation of consent, the owner of the adjacent premises must include:

• last name, first name and patronymic, passport details - for individuals;
• name and main registration number – for a legal entity,

as well as the number of the premises belonging to him and details of documents confirming ownership.

A separate quorum will appear in the housing complex of the Russian Federation on the issue of transferring the housing stock to non-residential premises

Since in order to transfer the premises to non-residential status, the owner will need to provide a copy of the minutes of the general meeting held in the MKD on this issue, Bill No. 542922-7 will make appropriate amendments to the articles of the Housing Code of the Russian Federation regarding the conduct of the OSS.

Thus, the competence of the general meeting of owners includes a decision on consent to the transfer of residential premises to non-residential premises - in Part 2 of Art. 44 of the RF Housing Code will be included in clause 4.5.

Part 3 of Art. will also undergo an important change. 45 of the RF Housing Code on the quorum of the general meeting. Currently, the OSS is always considered competent under one condition: if owners with more than 50% of the total number of votes took part in it.

According to bill No. 542922-7, clarification will appear in this part of the RF Housing Code. If a meeting is held on the issue of transferring residential premises to non-residential premises, the quorum will depend on the number of entrances in the house:

• in a house with one entrance, the OSS will be valid if the owners who have more than 2/3 of the total number of votes in the house participate in it;
• in a house with two or more entrances, for the legitimacy of the OSS, the owners who have more than 50% of the votes of the total number of votes in the house must take part in it, including the owners of the premises in the entrance of which the transferred premises are located, who have more than ⅔ of the votes of the total number votes of such owners.

It turns out that an owner who wants to convert a residential property into a non-residential one will be able to do this only if at least ⅔ of his neighbors at the entrance come to the meeting, and all those present cast 50% + 1 vote in favor. The corresponding condition for making decisions at the OSS will be included in Art. 46 Housing Code of the Russian Federation.

Owners of non-residential premises and fees for maintaining public buildings in apartment buildings

The owners of the premises in the house will jointly decide on the appearance of a new non-residential premises in the house

The amendments that will be made to the Housing Code of the Russian Federation by the new federal law will significantly complicate the transfer of residential premises in an apartment building to non-residential ones to accommodate offices, shops and other establishments that cause dissatisfaction among residents. With the entry into force of the new Federal Law, the owners of such premises will have to take into account the opinions of their neighbors.

This will also complicate the work of owners of hostels and hotels located in apartment buildings, the premises of which are considered residential. According to the Federal Law of April 15, 2022 No. 59-FZ, from October 1, 2023, changes are being made to Part 3 of Art. 17 of the Housing Code of the Russian Federation: it is prohibited to set up hotels in residential premises, as well as to use residential premises in apartment buildings for the provision of hotel services.

The owners of hostels and hotels already operating in the apartment complex will have to transfer the premises to non-residential status, and after bill No. 542922-7 is signed and comes into force, they will have to ask permission to conduct such a business from all residents of the building.

Keep in mind

After the new federal law comes into force, the procedure for transferring residential premises in an apartment building to non-residential ones will change:

1. Changing the status of an apartment will require the consent of the general meeting of owners, which will be legitimate with the participation of at least ⅔ from the owners of the premises in the entrance where such an apartment is located.
2. All owners of all premises adjacent to the specified apartment must give written consent to the transfer.

It should also be remembered that the reconstruction of a living space - for example, installing a new entrance in accordance with the requirements of Part 2 of Art. 22 of the Housing Code of the Russian Federation - when using part of the common property of the owners of an apartment building, it also requires that the owner of such premises bring the issue to the OSS. When reducing the area of ​​the common property of the house, he will need the consent of 100% of the owners in the house.

In the absence of the specified documents, including OSS protocols, the use of residential premises as non-residential or its reconstruction will be illegal.

PS The bill was signed by the President of the Russian Federation, registered as Federal Law No. 116-FZ dated May 29, 2022, and will come into force on June 9, 2023.

New in the rules for transferring premises from residential to non-residential

You can only live in a residential building or combine living with personal part-time work. But you cannot open an office for clients in an apartment, or convert it into a grocery store, warehouse or hostel. To do this, you will have to change the purpose of the premises - make it officially non-residential.

Converting residential premises to non-residential premises is a separate procedure. For it, you need to fulfill the requirements for the room itself, for example, equip a separate entrance, increase sound insulation and install a fire alarm.

You also need to collect documents according to the list from Article 23 of the Housing Code. A special body will review the application, and if everything is in order, the purpose of the premises will be changed.

And if there are not enough documents or the translation is not possible at all, there will be a refusal.

Earlier. Formally, the consent of all residents of the apartment building to transfer the premises to non-residential was not necessary. The minutes of the general meeting were not on the list of required documents. But such consent had to be obtained if the transfer involved any actions with common property.

For example, an entrepreneur bought an apartment and decided to open a beauty salon there. To do this, he made a separate entrance from the street and an extension - but it is possible to occupy part of the common area near the house only with the consent of all residents. And if he doesn’t receive it, the neighbors can sue and force him to return everything as it was.

The premises will remain residential, there will be no living room there, and the porch with the canopy will be forced to be removed.

From June 9. The minutes of the general meeting of owners have been added to the list of documents for transferring premises to non-residential. This is now a mandatory document. The fate and purpose of the premises will be decided not only by its owner, but also by its neighbors. If they are against it, then even without reconstruction and reorganization the transfer is impossible.

Here's what you'll have to collect additionally:

1. Minutes of the general meeting, in which one of the agenda items is the consent of other residents to make this room in their house non-residential. This means that it is necessary to bring up for discussion not only reconstruction or redevelopment, but precisely the purpose of the premises.
2. Written consent of all immediate neighbors - that is, the owners of adjacent premises. The transfer will have to be personally agreed upon with the pensioner from the apartment on the right, the young family from the apartment above and the man permanently living abroad who owns a share in the apartment on the left.

A quorum is how many votes are needed for the meeting to consider any issue at all. The number of votes depends on the agenda. If the meeting considers consent to transfer the premises to non-residential use, the quorum is determined according to special rules from the new law.

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

Are you planning a successful business? The solution to the problem is to transfer residential premises to non-residential premises. The procedure will allow you to repurpose an object: office, store, workshop, mini workshop. The legislator allows the owner to change not only the legal status of the property, but also the procedure for its use. The value of the object increases, any type of activity can be organized. When constructing a residential building, the premises of the building on the first floors are allocated for commercial real estate, and therefore do not require transfer to another category.

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Content:

• Instructions for transferring residential premises to non-residential premises
• It is now possible to transfer an apartment to non-residential premises only with the consent of neighbors
• The State Duma has changed the procedure for transferring residential premises to non-residential
• How to transfer premises from residential to non-residential? Procedure in force in 2023
• How to convert premises into non-residential: new rules from June 9, 2023
• How the new law will change the procedure for transferring residential premises to non-residential premises
• Transferring an apartment to non-residential premises in a new way. Review of legislative changes

Get a free consultation right now: 8 (800) 500-27-29 Ext. 389 (toll free)

This law establishes the specifics of holding a general meeting of owners of premises in an apartment building on the issue of approving the transfer of residential premises to non-residential ones.

Instructions for transferring residential premises to non-residential premises

The current procedure for changing the status of premises does not take into account the rights of residents of the house. Russian President Vladimir Putin ordered this gap to be corrected. Besides, it's extra noise. Not only shops, but also all kinds of entertainment establishments are appearing in former residential premises, Osipov added.

The position of the relevant committee is that the possibility of transfer should be preserved, but its procedure should be quite strict. As the deputy assured, the design proposed by the government will take into account the interests of the residents of the house.

According to changes to the Housing Code, it will be possible to remove a premises from the housing stock with the “consent of each owner of all premises adjacent” to the premises that are being converted into non-residential ones.

Consent must be confirmed in writing.

In addition, a change in the status of the premises must be approved at a general meeting of owners. If we are talking about an apartment building with several entrances, then two-thirds of the meeting participants must live in the entrance in which the premises being transferred are located.

At the same time, the majority of residents of this entrance should support this decision. Based on the results of the meeting, a protocol is drawn up, and in order to change the status of the premises, this document will need to be submitted to the authorized authorities.

It is also important that the amendments require separate access to the premises after its transfer to non-residential use.

The possibility of conducting unscheduled inspections when complaints about violations are received from residents is also prescribed.

If this happens, the authorities are obliged to react, Russian President Vladimir Putin said at a meeting with the government. He called for a more careful approach to tariff control. Borrowers who took a mortgage holiday were exempt from paying personal income tax. This law was signed by President Vladimir Putin.

The opportunity to go on vacation for up to six months will appear on July 31. Home insurance in Russia should be promoted through administrative measures and financial incentives, said Anatoly Aksakov, head of the State Duma Committee on the Financial Market.

Full or partial use of materials is possible only with the permission of the editors. Our projects. Russian newspaper. Thematic applications. Thematic projects. Joint projects. The State Duma has changed the procedure for transferring residential premises to non-residential ones. Residential premises can be transferred to non-residential premises only with the consent of all owners of apartments adjacent to this premises.

In this case, a separate entrance will be required. The State Duma adopted a law on this. How will the housing market change if mortgage rates drop to 8 percent? In Russia, family mortgages have begun to be taken out more often. Now they are reading housing and communal services. Residential Properties.

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Thanks to modern technical capabilities and building materials, non-residential premises can be improved into a cozy space in which it will be pleasant and comfortable to live. The main thing is that the area complies with fire safety and sanitary standards, and that the documents for the future house or apartment are drawn up in accordance with the law.

According to Russian legislation, residential premises are considered to be real estate that meets technical and sanitary standards for people to live in it and has an isolated status. Otherwise, the area must first be brought into compliance with the requirements for residential premises, and only then the transfer must be documented.

The State Duma has changed the procedure for transferring residential premises to non-residential

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Prosecutor's Office of the Chuvash Republic yesterday and today ed. Site search. What area of ​​activity of the prosecutor's office, in your opinion, needs to be strengthened? Questions and answers Ask a question. When transferring from residential to non-residential premises, the consent of all residents of an apartment building is required.

Transferring an apartment to non-residential premises is allowed only in cases where such an apartment is located on the first floor of a building or above the first floor, but the premises located directly below the apartment are not residential. The transfer of non-residential premises to residential premises is not permitted if such premises do not meet the established requirements or if the ownership of such premises is encumbered by the rights of any persons.

There must be access to the transferred premises without the need to use premises providing access to residential premises, or there must be a technical possibility to equip it - if the transferred premises are part of a residential premises or are used by its owner for other people to live, as well as if the ownership right to the premises being transferred are burdened with the rights of any persons.

How to transfer premises from residential to non-residential? Procedure in force in 2023

The current procedure for changing the status of premises does not take into account the rights of residents of the house. Russian President Vladimir Putin ordered this gap to be corrected. Besides, it's extra noise.

The new law is also aimed at preventing violations of the rights of residents in an apartment building; it applies to all cases of transfer of residential premises to non-residential premises, regardless of their further purpose, for example, whether it will be used, for example, to house a grocery store or a shoe repair shop. Before the changes, in order to obtain a decision from the local government body on the transfer of residential premises to non-residential premises, the applicant, in accordance with Art. The residents' opinions were not taken into account, which often resulted in conflict situations.

This law complicates the procedure for changing the status of premises in an apartment building from residential to non-residential. The owner of a residential premises in an apartment building who wishes to transfer the residential premises to non-residential ones, in addition to the documents listed in Part.

The consent of each owner of all premises adjacent to the premises being transferred to the transfer of residential premises to non-residential premises is formalized by the owner of the premises adjacent to the premises being transferred in a written form that allows one to determine his will.

The quorum of the general meeting of owners on the issue of transferring residential premises to non-residential premises now depends on the number of entrances in an apartment building: Thus, a new quorum for the general meeting of owners is introduced, which directly depends on the number of entrances in an apartment building.

Mandatory conditions for an apartment building with several entrances will be:. Obviously, it is easier for the owner of residential premises in an apartment building with one entrance to ensure a quorum at the general meeting to transfer the residential premises to non-residential ones.

How the new law will change the procedure for transferring residential premises to non-residential premises

Article The procedure for transferring residential premises to non-residential premises and non-residential premises to residential premises. Encyclopedias and other comments to Article 23 of the RF Housing Code.

The transfer of residential premises to non-residential premises and non-residential premises to residential premises is carried out by the local government body, further referred to as the body carrying out the transfer of premises. Federal Law of July 28

To transfer residential premises to non-residential premises or non-residential premises to residential premises, the owner of the relevant premises or a person authorized by him, further in this chapter - the applicant to the body carrying out the transfer of premises, at the location of the transferred premises, directly or through a multifunctional center for the provision of state and municipal services, further - The multifunctional center, in accordance with the interaction agreement concluded by them in the manner established by the Government of the Russian Federation, represents:.

To transfer residential premises to non-residential premises, you will have to submit the minutes of the general meeting with consent to such a transfer, as well as the separate consent of each owner of adjacent premises. The procedure for determining a quorum and making decisions during a general meeting of owners on the issue of transferring premises from residential to non-residential will also change.

Today we will look at how you can transfer an apartment to non-residential premises and also find out the cost of the issue. The main difference between residential and non-residential premises is the purpose of use - residential is used for regular residence.

Individuals, legal entities, individual entrepreneurs. Recipients of municipal services can be owners of residential and non-residential premises in residential buildings. Application for transfer of premises, Original, 1 copy.

Title documents for the premises being transferred, Originals or notarized copies, the rights to which are not registered in the Unified State Register of Rights to Real Estate and Transactions with It, 1 copy.

It will not be possible to transfer residential premises to non-residential premises without the consent of neighbors. The corresponding law was adopted by the State Duma.

The edition of the Housing Code of the Russian Federation was amended by the Federal Law on June 9. Legislators improved the procedure for transferring residential premises to non-residential premises, adding new requirements and conditions to it.

How to transfer an apartment to non-residential stock in order to open a hostel. Instructions :: City :: RBC Real Estate

Since June, a “law on unwanted neighbors” has been in force in Russia, and in October a ban on maintaining hotels in residential premises of apartment buildings came into force

Photo: Maria Rybakova/TASS

On October 1, 2023, a federal law came into force that prohibits the placement of hostels and mini-hotels in residential premises of apartment buildings (MCD). Now you can open a hotel business for short-term accommodation only in an existing non-residential building or convert residential premises into non-residential ones.

How to do this in Moscow was told in the capital’s office of Rosreestr and the city property department (DGI).

• The new law does not prohibit hostels as a type of hotel in general, but limits their location. Hostels will be able to continue operating after October 1 if the premises they occupy are transferred from residential to non-residential.
• Since June 9, 2023, 116-FZ, which is nicknamed the “law on unwanted neighbors,” has been in force in Russia. This law defines a new procedure for transferring residential premises to non-residential ones, protecting the rights of residents of apartment buildings.
• If previously the owner of the apartment being transferred was required to hold a general meeting of owners (GMS) of apartments in the building only if work was planned during the transfer that would affect common property, now the GMS must be held regardless of the planned work. Consent to transfer the premises to non-residential is required from the majority of other owners of the house. For reference: if there is more than one entrance in an apartment building, the decision on the issue of transfer is made by a majority of votes from those who took part in the voting, provided that the majority of the participating owners of the premises of the entrance in which the transferred premises are located voted in favor.
• In addition, it is now necessary to obtain written consent to transfer the premises from each owner of all premises adjacent to the apartment being transferred.
• “Such measures will help prevent violations of the rights and legitimate interests of apartment owners living in close proximity to the premises being transferred. All changes to the Housing Code of the Russian Federation regarding the transfer of apartments and the ban on placing hotels in apartments of multi-apartment buildings were introduced to take into account the opinions of residents and create more comfortable living conditions, explained the head of the DGI of the city of Moscow, Maxim Gaman. (In Moscow, the transfer of residential premises to non-residential premises is carried out by the DGI.)
• A hostel in a non-residential premises of an apartment building must also meet a number of requirements. In particular, the premises being transferred must be equipped with a separate entrance from the residential part of the house, there should be no residential premises directly below it, ownership of the premises should not be encumbered by the rights of any persons, and it should not be used as a place of permanent residence.
• After a positive decision by the DGI on the transfer of residential premises to non-residential stock, the documents are automatically sent to the capital's Rosreestr, which enters the information into the Unified State Register of Real Estate. This procedure can be accelerated. “The owner of the transferred property can apply to any of the capital’s public service centers with a document confirming the transfer of residential real estate belonging to him to non-residential. In this case, the period for making changes to the Unified State Register is seven working days,” said Igor Maidanov, head of the Rosreestr Office for Moscow.

In the spring of 2023, Russian President Vladimir Putin signed a law prohibiting the placement of hostels in apartment buildings from October 1, 2023. During the year, the owners of such real estate were in no hurry to close their businesses, reformatting hostels into apartments for daily rental. Many hostels in residential buildings were available for booking even after the law came into force.

 

New procedure for transferring residential premises to non-residential premises from 2023 (after changes)

28 May 2023

The Federation Council of the Russian Federation approved the bill adopted by the State Duma on amendments to the Housing Code of the Russian Federation on May 22, 2023, and sent it to the President of the Russian Federation for signing.

The authors of the new law decided that the opinion of residents of an apartment building (MKD) is not sufficiently taken into account when transferring the housing stock to non-residential. In this regard, they decided to include in the Housing Code of the Russian Federation the additional need to obtain the consent of the owners for such a transfer.

However, even before it was not so easy to convert the premises into non-residential ones. To transfer a room, it is almost always necessary to organize a separate entrance to it. Work on organizing the entrance group in most cases leads to a decrease in common property, which, according to housing legislation, requires the consent of 100% of the owners. We wrote about this in detail in this article.

Now the agenda of the general meeting must also include the issue of the owners’ consent to the transfer of the premises. Previously, such a question was not formally required, although some of our clients from the Moscow region included such a question earlier, based on the claims of their local administrations, along with the question of agreeing on the purpose of the premises.

During the discussion of the bill, it was also proposed to obtain the consent of residents for the purpose of using the premises, which could be changed by repeating the approval procedure. However, this item was rejected during consideration.

The changes affected the determination of the competence of the meeting (the presence of a quorum) and the required number of votes in order to consider the transfer agreed upon.

Some media, having read the new law diagonally, write without details that two-thirds of the meeting participants must be residents of the same entrance where the premises that are planned to be transferred are located. This is an incorrect statement. You can see for yourself by reading the source, that is, the changes themselves.

This is what Part 3 of Art. sounds like. 45 of the Housing Code of the Russian Federation in the new edition:

“... A general meeting of owners of premises in an apartment building, held on the issue specified in clause 4.5, part 2, art. 44 of this Code (author’s note: clause 4.5 is “making a decision on consent to transfer residential premises to non-residential premises”), is competent (has a quorum):

1) if there is in an apartment building , if the owners of premises in this apartment building or their representatives with more than 50% of the votes of the total number of votes of the owners of premises in this apartment building , including owners of premises in the apartment building at the entrance of which the premises being transferred are located, holding more than two-thirds of the votes of the total number of votes of such owners;

2) if there is to the apartment building , if premises in this apartment building or their representatives took part in the general meeting of owners of premises in this apartment building.”

Translated from legal language into simple language, the quorum will be calculated depending on the number of entrances. If there is only one, then it is necessary for the owners who have more than 2/3 of the votes of the total number of votes in the house to take part in the meeting (to put it simply, they own 2/3 of the area of ​​the premises). If there are more entrances, then 2 points must be observed:

- throughout the house as a whole, owners must participate who have at least 50% of the votes of the total number of votes of all owners of all premises in the house (this is a standard rule for any general meeting of owners);

- the owners participating in the meeting, living in the same entrance where the transferred premises are located, must have more than 2/3 of the votes of the votes of the owners of the premises in the same entrance.

This is far from the same thing as “two thirds of the meeting participants should be residents of the entrance where the premises being transferred are located.”

Not two thirds of the participants should live in the entrance, but two thirds from the entrance should participate in the meeting.

To be completely precise, we are not talking about residents, but about the owners of the premises, and not about their number, but about the number of votes that they have. Let us recall that the number of votes is proportional to the share in the right of common ownership, which in turn depends on the area of ​​the premises owned by the owner.

A quorum at a meeting is not enough. It is also necessary to obtain sufficient consent from the owners. This amount is now indicated in Part 1.2 of Art. 46 of the Housing Code of the Russian Federation:

“ The decision of the general meeting of owners of MKD premises, provided for in clause 4.5, part 2, art. 44 of this Code, it is accepted :

• 1) if there is more than 1 entrance in the apartment building, by a majority vote of the total number of votes of the owners of premises in the apartment building taking part in this meeting , subject to voting for such a decision by the owners of the premises in the apartment building, in the entrance of which the transferred premises are located, having a majority of votes from the total number of votes such owners participating in this meeting;
• 2) if there is one entrance in the apartment building, by a majority vote of the total number of votes of the owners of premises in the apartment building taking part in this meeting.”
• That is, to agree to the transfer, you need to get a majority of votes from the total number of votes participating in the meeting, and if there are two or more entrances in the house, then separately for the entrance itself with the premises being transferred, you also need to get more than 50% of the votes “FOR” of the total number of votes owners of premises in the entrance.
• Thus, the initiator of the meeting should be concerned about how to draw up a protocol so that from it the controlling authorities can understand who lives in the desired entrance, and whether there are enough of them to determine the competence of the meeting itself and to make a decision on the issue of transfer.

On the other hand, you don’t have to worry about drawing up the protocol if you organize a separate entrance to the premises for the transfer, thereby reducing the total property, and intend to obtain consent for the redevelopment (reconstruction) of absolutely all owners of the premises. If all the owners are in favor of the redevelopment, then they will probably also check the “FOR” box for the transfer.

The new law has added to the list of documents submitted by the applicant for the transfer of premises (Article 23 of the Housing Code).

It is also necessary to submit the minutes of the general meeting, and do not forget that the original according to Part 1 of Art. 46 of the Housing Code of the Russian Federation must be transferred by the initiator to the management company/homeowners' association and sent by them to the GZHI.

That is, in practice, you will either have to compile 2 originals, including ballots, or violate Art. 46 and not to give the originals to the Criminal Code , or not to comply with Art.

23 and give a copy of the protocol to local authorities.

In addition to the protocol, the new required document is the consent of all owners of each premises adjacent to the premises being transferred to the transfer of residential premises to non-residential premises.

Adjoining rooms are those that share a common wall or are located directly above or below the room being transferred.

Written “consent” is written by the neighboring owners themselves in any form that allows their expression of will to be determined.

It must indicate the full name of the owner - an individual, the full name and OGRN of the owner - a legal entity, passport details of the owner, the number of his premises and details of documents confirming ownership.

By the adopted law, this provision was supplemented: “the possibility of access to the premises after its transfer from residential premises to non-residential premises must be excluded using premises that provide access to residential premises.”

Also, the powers of the housing supervision body were prescribed to check compliance with mandatory requirements for the procedure for transferring residential premises to non-residential ones.

In all cases, in order to change the status of residential premises to non-residential, the consent of other owners of the premises is required? How to transfer housing without the neighbors' opinions on this issue?

If someone is engaged in the translation of residential premises, then it is extremely profitable. By changing the status of the apartment and converting it into a lawyer's office, a trading platform or a hotel, the owner receives liquid property that allows him to generate a good income. This undertaking requires a huge amount of both financial and time expenditure.

First of all, you need to order an examination of the premises to determine whether there are technical capabilities for translation, order a project and obtain a bunch of approvals from various bureaucrats. All these manipulations are carried out on the basis of the twenty-third article of the LC. All materials are submitted to the MFC, and no additional documents are required.

In order to obtain the coveted permission of the state body to change the status of an apartment, a person is invited to find out their position on this issue at a general meeting of apartment owners. But is such a meeting always required? The demand of officials is legal if the plans include reconstruction of residential premises, since they are guided by Art.

44 of the Housing Code of the Russian Federation, which gives apartment owners the right to decide on this issue.

The definition of reconstruction is given in paragraph 14 of Article 1 of the Town Planning Code of the Russian Federation; the legislator determined that reconstruction includes changes in the parameters of a capital construction project, its parts (height, number of floors, area, volume), including superstructure, reconstruction, expansion of a capital construction project ..

• If the residential premises are subject to redevelopment, then there is no need to hold a general meeting of owners.
• The twenty-fifth article of the Housing Code of the Russian Federation reveals the concept of redevelopment and redevelopment of residential premises, the first is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment, requiring changes to the technical passport of residential premises, and redevelopment of residential premises is a change its configuration, requiring changes to the technical passport of the residential premises.

The courts approach the issue of the need to hold a meeting of owners of residential premises scrupulously, and as a rule take the side of the plaintiffs, for example, the FAS SZO in case No. A56-13028/2013 dated June 6, 2014 took the position of the owner of a residential premises, whom the administration refused to approve the redevelopment of a residential premises premises - an apartment located in a multi-apartment residential building.

The cassation officer believed that the meeting of owners of residential premises is mandatory, since the refurbishment of an apartment entails a change in the common area of ​​the building, which the lower courts did not agree with.

When issuing a judicial act, the court took into account that, in accordance with subparagraph “c” of paragraph 2 of section one of the Rules for the maintenance of common property in an apartment building, approved by decree of the Government of the Russian Federation dated 13.08.

  According to the rules of Part 2 of Article 40 of the Housing Code of the Russian Federation, if the reconstruction, reorganization and (or) redevelopment of premises is impossible without attaching to them part of the common property in an apartment building, the consent of all owners of the premises must be obtained for such reconstruction, reorganization and (or) redevelopment of premises apartment building. 

Based on the literal interpretation of the above provisions, when deciding on the transfer of residential premises to non-residential property, the consent of all owners of premises in an apartment building is mandatory only when the planned work affects the size and condition of the common property in the apartment building, thereby affecting the rights and legitimate interests named subjects. Regardless of whether the refurbishment of a residential premises is a reconstruction or redevelopment, if such refurbishment entails the use of the common property of the owners of the residential building, it is necessary to obtain the consent of all owners of the common property.

1. The court, examining the technical documentation of the building, found that the external walls of the house are not load-bearing and the land plot under the multi-apartment residential building has not been formed, the diagram of the boundaries of the site has not been approved, on these grounds the court did not accept the applicant’s arguments.
2. That is, if the transfer of residential premises to another category does not require reconstruction and does not change the size of the common property of the owners of the residential building, and also if the land plot is not formed, since the interests of other co-owners are not affected, then holding a general meeting of owners of residential premises for conversion of residential premises to non-residential premises is not required.

Transfer of residential premises to non-residential premises 2023

Hello, in this article we will try to answer the question “Transfer of residential premises to non-residential premises 2023”. You can also consult with lawyers online for free directly on the website.

When starting the procedure for collecting documents for transferring an apartment to non-residential real estate, you need to know the conditions that must be met. The main one is belonging to the type of housing that may be subject to transfer. Article 22 of the Housing Code prohibits this action if the apartment:

• does not have the ability to refurbish the entrance and isolate it from the common one, through which residents of an apartment building enter the entrance;
• is in pledge, arrest or leased under an agreement;
• is not located on the ground floor of an apartment building (except for the case when the premises located below are non-residential);
• has citizens registered or living in the square;
• not permitted for religious activities.

You should obtain a power of attorney from the Property Management Department to order an explication and floor plan from the BTI (Bureau of Technical Inventory).
If you plan to use your living space for a laundry, shop, beauty salon, or organize a full-fledged office, then in this case you will have to transfer the residential space to the non-residential category.

What has changed in the transfer of residential premises to non-residential

Citizens who own several apartments on the 1st floor prefer to make a profit by renting out free space. However, commercial real estate brings in much more profit than residential real estate. In areas where the demand for it is quite high, it makes sense to transfer it to the non-residential category in order to avoid problems with the authorities and neighbors.

The online publication RIA Novosti was registered with the Federal Service for Supervision of Communications, Information Technologies and Mass Communications (Roskomnadzor) on April 8, 2014.

It is taken from the SES (Sanitary and Epidemiological Stations) of the area. To do this, fill out an application, and a SES employee will come out to inspect the premises, which must comply with sanitary standards.

After the examination, take this conclusion to the SES. The date of inspection and receipt of this report will be announced on site.

We established our own quorum rules for the general meeting

To obtain the necessary consent from the owners, you will need to visit all apartments and obtain written permission. You can convene a general meeting of owners.

A bill on changing the mechanisms for relocating citizens from emergency housing will be submitted to the State Duma.

Which housing will now be considered dilapidated and which is in disrepair? Will residents of dilapidated and dilapidated housing be able to obtain new property from the state?

Thus, it is stipulated that in order to make this decision, a quorum is required - the participation of the owners of premises in such a house or their representatives with more than 50% of the total number of votes.

Basic rules for transferring residential premises to non-residential premises

The transfer of non-residential premises to residential premises is not permitted if such premises do not meet the established requirements or if the ownership of such premises is encumbered by the rights of any persons.

A non-residential building is a building or part of it (for example, an apartment) equipped with all communications. It is subject to the same technical operation requirements as the housing stock.

But the main thing that distinguishes it from residential premises is the impossibility of registering (registration), and therefore living there.

The procedure for transferring premises from residential to non-residential involves several stages, each of which requires the collection and provision of a certain set of documents. Each of these stages is aimed at obtaining intermediate permission from regulatory authorities. It seems worthwhile to consider them all to create a detailed roadmap.

Is it possible and is it difficult? According to the Constitution of the Russian Federation and the Housing Code, each owner can make his residential premises non-residential. This event is quite difficult.

If you are against it, no store will be opened nearby. And if the owner manages to obtain approval, it can be challenged in court. There are cases when everything worked out, but everyone has long known about the requirement of 100% of the votes for reconstruction.

First, you should make sure that no unauthorized alterations have been made to the premises. If someone before you tried to completely remodel a residential property, then the procedure for transferring from residential to non-residential stock should begin with the legalization of these alterations.

1. Floor plan of the premises.

In order to order an explication of the floor plan from the Bureau of Technical Inventory, you must first contact the Property Management Department to obtain a power of attorney with which this explication can be ordered. This requires writing an application in the prescribed form and presenting the following documents:

• Russian Federation passport (with a power of attorney certified by a notary, if the application is drawn up by an authorized person);
• a document certifying ownership of the premises: an extract from the Unified State Register of Real Estate about the property; certificate of entry into inheritance rights; contract of sale; investment agreement.

The official transfer of residential premises to non-residential premises is the owner’s opportunity to rent it out for office space or other commercial activities without unnecessary delays. But this requires mandatory coordination with the neighbors of the apartment building.

Often they are not ready to compromise, which creates conditions when the transfer becomes impossible. Before submitting documents to the commission, you must make a separate entrance, or there must be a real possibility of creating one.

If the total living area is more than 100 sq.m., it is also necessary to create a fire exit. In no case should a non-residential premises have an entrance through the entrance, only an emergency one. It is unacceptable to remove part or a share of the premises from the housing stock.

There should not be any registered persons in the housing, it should not be in collateral or under arrest.

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

The transfer of residential premises to non-residential premises and non-residential premises to residential premises is carried out by a local government body (hereinafter referred to as the body carrying out the transfer of premises). 2.

To transfer residential premises to non-residential premises or non-residential premises to residential premises, the owner of the relevant premises or a person authorized by him (hereinafter in this chapter - the applicant) to the body carrying out the transfer of premises at the location of the transferred premises directly or through a multifunctional center for the provision of state and municipal services (hereinafter referred to as the multifunctional center), in accordance with the interaction agreement concluded by them in the manner established by the Government of the Russian Federation, represents: (as amended. The
basic document regulating the norms, conditions and procedure for converting residential premises into non-residential premises is the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ Chapter 3. But they are also given the opportunity to local authorities to establish their own translation rules without violating current legislation.

Some reasons for refusal:

• The transfer conditions listed below are not met.
• Not all documents required by the rules were submitted for consideration.
• Consent for its use has not been obtained from other property owners.
• The residents of the building in which the premises are located did not consent to the transfer of the premises.

First, you need to collect documents submitted to the Property Management Department to authorize the transfer of residential premises to commercial ones. The collection of documents is carried out by one of the owners, or a person by proxy.

A project for reconstruction (and/or redevelopment) work, or work affecting the safety of capital construction facilities (if there is a need for such work).

The use of residential premises in business activities without transfer is permitted only if the following mandatory requirements are met:

1. the entrepreneur resides in the residential premises legally (i.e. he is registered there at his place of residence in the prescribed manner);
2. business activities should not violate the rights and legitimate interests of other citizens, both those living with the entrepreneur and neighbors;