Transferring a residential property to non-residential status is a difficult process that requires both financial and time costs.
However, the owner of such real estate, who has successfully completed all stages and registered his former home as a non-residential property, can receive considerable benefits.
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How to change housing status?
The process of transferring residential premises to non-residential premises is regulated by the norms and articles of the Housing Code of the Russian Federation (LC) , approved by Federal Law No. 188-FZ of December 29, 2004.
The transfer of residential premises to non-residential premises is possible if it meets a number of conditions specified in Article 3 of the Housing Code. The area being transferred must belong to the person intending to execute the transfer, and the rights must not be encumbered by the rights of third parties. The premises must be actually non-residential, that is, it is necessary that no one lives in it and is not registered.
It is necessary that a separate entrance be equipped, isolated from the entrance and landings, or it must be technically possible to equip such an entrance. The premises must be located on the ground floor of the building, or there must be non-residential areas below it.
Attention! The following are strictly prohibited: transfer of space in a rented building for social use, transfer for the purpose of carrying out religious activities, as well as transfer to non-residential premises of the premises included in the apartment separately.
You can find out more about how to change the purpose of a premises or part of it here, and in this article you will learn about the nuances and cost of converting a residential premises to a non-residential one and vice versa.
Required documents
Before you start processing the transfer, you should make sure that all redevelopments made in the residential premises are legalized . Otherwise, you should first arrange them accordingly.
The issue of transfer is decided by the authorized territorial body of local self-government (Authority) upon provision of the full package of documents provided for in Article 23 of the Housing Code, which includes:
- An application from the owner for the provision of translation services , which is drawn up in any form in writing.
- Title documents for the premises , which are provided either in the original or in the form of a notarized copy.
- Technical passport for the apartment. This document contains all the technical characteristics of the premises. It is issued by the Bureau of Technical Inventory (BTI) at the location of the apartment. You can order a technical passport directly from the BTI, through an intermediary organization, through the MFC or on a single portal of public services on the Internet. Production time is from 2 to 3 weeks, a paid reduction in production time is possible.
- Floor plan of the house. It will be required if the premises do not have a separate entrance to analyze the capabilities of its equipment. To receive it, you also need to contact the BTI with an application and title documents for the premises in the house.
- Project of reconstruction/redevelopment of premises, if needed. In addition to practical purposes of use, reconstruction may be necessary to comply with sanitary and fire safety standards or to provide a separate exit. This project is a package of documents consisting of an explanatory note and diagrams, subject to approval by state supervisory authorities.
To develop it, you can contact the local government body, or you can entrust the process to one or many design organizations existing on the market today.
Since 2016, a citizen has the right not to provide a technical passport and floor plan of the house , as well as, if the right to the premises is registered in the Unified State Register of Real Estate, title documents. In this case, if the documents were not provided by the applicant on his own initiative, the state body requests these documents independently.
Collection of documentation
Below are the stages of collecting documents.
How is coordination with the authorized body carried out?
After submitting a package of documents to the Authority, the applicant receives a receipt indicating the list of documents provided. The application and attached documents are reviewed within 45 days, and based on the results, a decision is made to approve or reject the application. In most constituent entities of the Russian Federation, you can apply for the service through a branch of the MFC or through the public services portal on the Internet.
Within three working days from the date of the decision, the authorized body issues or sends to the address specified in the application, or through the MFC, a notice of transfer of premises or refusal to the applicant.
When is residents' consent required and how many signatures are required for the protocol?
A citizen does not need to obtain permission to transfer his property. In the case when the building is not reconstructed, the area of the common property is preserved and there is no need to attach it to the premises; the consent of the meeting is not required.
Part 2 of Article 40 of the Housing Code requires obtaining the consent of all owners of premises in the house if the planned reconstruction is impossible without annexing part of the common property of the house.
At the same time, Article 46 of the Housing Code states that decisions on reconstruction, construction of outbuildings, on the limits of use of a land plot, on the use of common property are made by a majority of at least two-thirds of the votes of the total number of owners.
Attention! It is required that permission is given by the owners, not the residents.
The issue is submitted to the general meeting of owners, and the decision is drawn up in the form of a protocol in compliance with the requirements of Order of the Ministry of Construction of Russia dated December 25, 2015 No. 937/pr.
This protocol is kept and signed by the secretary of the general meeting, drawn up within 10 days after the meeting with the obligatory indication of the date and registration number of the document, the date and place of the meeting, the content, decisions on issues put to vote, and the place where the minutes are stored.
Statement
Filling example:
Application for transfer of residential premises to non-residential premises
How to convert residential premises into non-residential ones. Step-by-step instruction
The procedure for changing the legal status of real estate is carried out in a strictly established sequence. The whole process is divided into the next execution of three tasks.
First of all, the issue is resolved in the settlement administration, and a positive decision is obtained. Then the BTI changes the documents and sets the cost of the object, on which the state fee depends.
Only after completing these two steps should you contact Rosreestr and obtain a certificate of ownership of non-residential premises.
In practice, transferring and obtaining the status of a non-residential property is necessary for carrying out commercial activities. It is impossible to carry out business activities in residential real estate; such acts are punishable under the administrative code.
The first stage of converting residential real estate to non-residential
In each locality, the administration has an interdepartmental commission on housing, which an interested person should contact. The commission works on a permanent basis, may have different names, but have common core tasks. There, the applicant will be provided with a list of requirements, certificates and documents needed to consider the issue of changing the status of the living space.
Before starting action, it is necessary to legalize existing redevelopment, major repairs and reconstruction of premises. If the redevelopment was carried out without official permission, then initially it will have to be legalized through the court by paying a fine for unauthorized actions. Without such a document, transferring premises from residential to non-residential is impossible.
The collection of documents for the housing department or department (depending on the locality) is carried out by the owner of the property or the legal representative by proxy.
The required information should be collected:
- explication and building plan issued by BTI. You will need to contact the housing department of the municipality for permission and obtain a power of attorney for the inventory bureau. In addition to the power of attorney, it is necessary to provide a standard petition, identification and a document establishing rights to property. BTI employees have the right to request additional information other than that provided by the applicant for verification. This may be an extract from the Unified State Register of Real Estate, obtained upon request to Rosreestr. The period for receiving the requested documents from the BTI is one month;
- technical passport of the property containing all registration information. Also taken from the Bureau of Technical Inventory;
- permission from the fire inspection organization. You will need to contact the fire department of the Main Directorate of the Ministry of Emergency Situations, write a standard application and accept an inspection at the inspection site. If there are no comments, the fire inspectorate issues official permission to change the status of the living space. If there are comments in the inspection report, then the owner is issued a requirement to correct the problems within a specified period. After elimination, permission will be obtained;
- conclusion of the district SES. Sanitary standards are checked by an on-site inspection at the request of the owner of the premises. As a result of the inspection, inspectors issue a report indicating possible shortcomings. An order is issued, after completion the applicant will receive a standard certificate about the possibility of changing the status of the premises;
- a certificate from the management company about the purpose of the adjacent premises. For example, objects from one floor of an apartment building are listed, and the names of neighboring premises are indicated. The applicant must present a passport and documents for the property;
- technical report from the management company on the general condition of the building or structure. According to the law, no changes in the status of a house in disrepair or being demolished are possible. The technical condition of the facility must be at least satisfactory;
- certificate of family composition. No one should be registered in the living space in question before applying to the municipal commission. The certificate is issued at the MFC or passport office, the document has legal significance for 14 days;
- An architectural project that is carried out by specialized organizations. The project should reflect possible changes that will be made subsequently and graphically repeat the existing configurations of the living space.
Depending on specific conditions, additional information is sometimes required for consideration. To promptly change the status of the living space to a different type, it is recommended to contact the responsible department of the municipality. This action is required to obtain an initial consultation and approve the list of documents required in this case.
Obtaining neighbors' consent
Officially written consent of neighbors to transfer the owner's apartment from residential to commercial use is mandatory. The opinion is asked from the owners of the apartments, and not from the residents living in the area. An interested citizen goes to the management company or the building manager for permission to hold a meeting of residents. The meeting can be scheduled or extraordinary; residents are notified 10 days in advance, indicating the time of the meeting.
The meeting is legitimate if half of the total number of owners is present. If there are 2/3 positive votes from all those present, the issue is considered resolved in favor of transferring the apartment to non-residential premises.
Sometimes the interested person needs to first coordinate his wishes with his neighbors, since this issue is serious and directly affects strangers, the owners of other apartments.
The minutes of the meeting are attached to the general package of documents; without this legal act, further steps for registration are impossible.
Further steps to convert real estate to non-residential
Having such an extensive documentary base in hand, the applicant goes to the housing department of the municipality. The owners or representative write a standard application, attaching all developed and collected materials, as well as documents:
- owner passports;
- certificates of ownership;
- statutory documents of the organization, if the owner is an entrepreneur;
- power of attorney of the person performing actions on behalf of the owners.
The commission examines and analyzes the application within 45 days, after which a decision is made. The official conclusion must be communicated to the interested party within three days after adoption. The refusal is communicated to the applicant in writing and can be justified by the following reasons:
- the regulatory conditions for the transfer have not been met;
- the package of documents did not contain the necessary information;
- there is no consent of all owners and neighbors to change the status of the property.
Lack of motivation for refusal or rejection of an application for minor reasons in legal terms can be appealed in court.
Second stage: working with BTI
If the decision of the administrative body is positive and issued to the owner, then the second stage of work begins: applying to the BTI to establish the price of the operation. A visit to the privatization and transfer office is required from one owner who has a power of attorney to carry out actions, or an authorized person of all owners of the apartment. The standard application is accompanied by the necessary documents:
- identification;
- transfer commission protocol;
- certificate of ownership of living space;
- technical and registration data for the apartment;
- power of attorney if the case is being conducted by a representative;
- statutory documents, if a legal entity is involved in the procedure.
The privatization department, based on the submitted information, establishes the price that the owner of the property must pay.
The cost depends on many accounting factors and is made taking into account coefficients and according to developed formulas. The difference in price is paid by the owner in any way convenient for him.
After presenting the receipt, a protocol is issued with all the details establishing the right.
If the owner does not agree with the calculation made, he is not satisfied with the price of the transfer, then he can justify his position by contacting an independent appraisal organization. Then a statement of claim is filed in court, where a fair and correct decision is made, taking into account all the features of a particular case.
The third stage of work: application to Rosreestr
There are two ways to obtain a new certificate of title to a non-residential property: by contacting the Federal Registration Service or the MFC.
The applicant must provide the following information:
- owner's identification card;
- acts of the BTI and the interdepartmental commission;
- cadastral extract for the property;
- a receipt for payment of state duty in the amount of 1 thousand rubles.
Applications are made by all owners participating in the legal procedure. The registrar issues a receipt with a list of documents received and their copies, indicating the date of receipt of the certificate.
On this day, with an identification card and a receipt for the transfer of documents, participants come to the registration authority and receive each certificate of ownership of a non-residential property.
It can be extremely difficult to carry out the sequence of all actions; it is much preferable to entrust the procedure to an experienced and practicing lawyer.
Nuances of the translation process
The specifics of the procedure are regulated by Article 22 of the RF Housing Code and must be fully complied with.
- A non-residential property must have an entrance from the street, and not from the entrance. If the area exceeds 100 square meters, then an additional emergency exit must be organized. According to legal norms, an apartment on the first floor of a residential building can change its legal status if subsequent reconstruction is possible. Entrance groups are made from windows, about which a corresponding entry is made in the statutory documents and the period during which one can enter a non-residential building through a common corridor, entrance or other residential structures is indicated. Failure to meet deadlines will result in a significant administrative fine.
- The status changes for the apartment, but not the room. It is not possible to make a non-residential room or several rooms in a residential apartment. The rule applies in all cases, even in a communal apartment with several independent owners.
- Residents must be evicted from the apartment in their entirety; no one can live or be registered.
- The property cannot be collateral, be under arrest, or be collected as an enforcement obligation by bailiffs. If there are claims to this property from creditors or relatives, the transfer procedure is terminated until the conflicting circumstances are fully clarified.
- One of the basic rules is that it is possible to transfer an apartment on the upper floors of an apartment building under strict conditions. All apartments under transfer must be non-residential premises.
- It is impossible to change the status of real estate in housing stock that is in disrepair or prepared for demolition. The ban is based on control over the situation in residential construction, since during demolition, owners are given housing in new houses.
Similar restrictions and nuances apply to houses and buildings of various heights. Most often, apartments on the first floors of apartment buildings are transferred to non-residential status.
Meanwhile, in practice there are situations when the house is completely converted into an office building, and the residents are resettled.
If the transfer to non-residential status is made, and then the house begins to be resettled, then the owner is required to provide non-residential premises in a new house with the same footage.
If the non-residential premises were leased for commercial lease, then the lost rent is not returned and the contract is considered terminated due to force majeure. This situation must be spelled out in the lease agreement; all owners of the house are notified in advance about the planned demolition and resettlement. It is practically impossible to change your housing status in the following situations:
- if the building is a cultural heritage and is under state protection;
- the apartment does not have standard engineering and utility connections;
- the building as a whole is in unsatisfactory condition and is awaiting scheduled major repairs;
- When a building is registered with the Ministry of Emergency Situations as a civil defense facility, the cost of conversion to non-residential property increases significantly.
Sometimes transfer and change of status are not necessary at all.
The owners of a residential property have the right to carry out business activities in their apartment if there are no claims from neighbors and other owners of this apartment.
An individual entrepreneur engaged in commercial activities in an apartment must be one of the owners and registered in this area.
When carrying out activities, sanitary standards and fire safety must be observed. In such a situation, it is possible not to transfer the apartment to non-residential status, especially if commercial activity is sporadic.
It is not allowed to carry out business activities in a dilapidated house that is in disrepair and subject to demolition.
Financial costs of translation
Changing the legal status requires financial costs from the owner of the premises. Since the procedure is lengthy and requires certification and passing through many authorities, it is best to entrust the case to a lawyer who has practical experience in such tasks. Sometimes it is necessary to go to court to defend your rights and continue to transfer an apartment or building to the non-residential category. Payment for a specialist’s services is strictly individual and depends on his qualifications, the terms of the agreement and many other circumstances.
In addition to legal services, you will need to pay:
- difference in BTI in the price of the property;
- BTI services for the creation and issuance of a technical passport and statutory documents for an apartment;
- notarial certificates of various types;
- work of the design bureau to develop a housing plan;
- state fee to Rosreestr for performing registration actions.
Such actions should definitely begin with consultation with a specialized lawyer in order to protect your interests as much as possible.
Transfer of premises from residential to non-residential
Sample application for transfer of non-residential premises to residential premises
Increasingly recently, citizens have begun to apply to local government bodies of the constituent entities of the federation with applications to transfer non-residential premises to residential status. This is often due to an increase in the market value of housing, especially on the central streets of megacities. Also among the main reasons is the increased demand for apartments with an open plan (studios).
Living in non-residential premises is prohibited by the legislator, since this premises is unsuitable for this according to established technical and sanitary standards. In paragraph 2 of Art.
15 of the RF Housing Code contains the definition of “residential premises”, and the procedure for recognizing it as such and the requirements that it must meet are enshrined in paragraphs.
9 – 32 of the Regulations, ratified by Decree of the Government of the Russian Federation No. 47 of January 28, 1997.
Unlike the term “residential premises”, the concept of “non-residential premises” is not found in the text of the RF Housing Code. In this case, the legislator reflected it within the framework of Federal Law No. 122 of July 21, 1997 “On state registration of rights to real estate and transactions with it” (see paragraph 2 of paragraph 6 of Article 12) as an object that is part of buildings and structures.
Restrictions for making a transfer
The grounds for restrictions on transferring the status of premises from non-residential to residential are:
- impossibility of transferring to residential premises if there are encumbrances on the rights of individuals or legal entities. For example, an outstanding mortgage, rental agreement, etc. In other words, the “owners” do not have the opportunity to fully dispose of real estate;
- the premises must comply with the norms and rules established by law for residential premises. That is, it must be, according to its characteristics, suitable for living.
Basic requirements for housing
If it is necessary to re-register non-residential premises as residential, the following requirements are presented, non-compliance with which entails a refusal to change the status of the object:
- The applicant must be the owner of the premises being transferred;
- The encumbrance must be removed from the premises, the owner of which has expressed a desire to change its status, if it was purchased on credit or a mortgage;
- The premises must be located in houses located in residential areas corresponding to the functional zoning of the territories;
- The working condition of enclosing and load-bearing structures belonging to the common property of all owners of an apartment building, the operation of which ensures the safety of people and the safety of all utilities;
- All engineering systems (heating, gas supply, ventilation, electric lighting, etc.), as well as all equipment and mechanisms that are part of the common property of the owners of an apartment building, must meet sanitary and epidemiological safety conditions;
- The premises must be protected from the penetration of rainwater, as well as melt and groundwater, as well as from the leakage of domestic water from engineering systems (plumbing, sewerage).
List of documents required to be submitted to the interdepartmental commission (IMC) to change the status of the premises:
- An application from the owner or his legal representative to declare a change in the status of the premises;
- Technical documentation for the property (original or notarized copy);
- If the property has several floors, then a floor plan (diagram);
- Certificate of ownership of the object;
- Approved project for the reconstruction of non-residential premises.
Procedure for re-registration of premises status
The procedure for changing the status of a premises includes the following steps:
- collection of the necessary, correctly completed package of documents by the applicant;
- transfer of documents to MVK;
- consideration of the application by the commission within a specified time (usually about one and a half months);
- receipt of a response to the applicant’s appeal to the MVK;
- if the commission makes a positive decision to change the status of the property, the owner receives title documents.
Download a sample application for the transfer of non-residential premises to residential premises
You can download a sample application for the transfer of non-residential premises to residential premises in .doc format using this link
How to convert non-residential premises into residential ones?
Changing the status of property is carried out in compliance with clearly established rules. Thanks to their implementation, the procedure can be considered legal and legitimate.
According to Article 288 of the Civil Code, the owner has the right to use and dispose of residential premises in accordance with the intended purpose. We’ll tell you in the article how to change the purpose of this room.
Residential is a room that is isolated from others and meets sanitary standards and fire safety requirements. It should also provide everything for year-round living.
Thus, the premises that will be transferred to residential status must have not only sufficient area, but also additional rooms intended for human needs.
Non-residential premises are considered premises that are not intended for year-round habitation of people - these are service buildings, change houses and areas intended for production.
Normative base
Regulations:
- Part 4 of Article 22 of the Housing Code of the Russian Federation talks about the process of changing the status of the premises.
- The Town Planning Code describes the requirements for premises. The conditions for premises located in the city are also presented.
- Federal Law of July 13, 2015 N 218-FZ. He talks about real estate registration.
Transfer of residential premises to non-residential premises or non-residential premises to residential premises
Transfer of residential premises to non-residential premises or non-residential premises to residential premises on the territory of the Syktyvkar Municipal Municipality
Applicants:
Individuals, individual entrepreneurs and legal entities who are the owners of the transferred premises
- A person who has such a right in accordance with the legislation of the Russian Federation, or by virtue of vesting him with the appropriate powers by the applicant in the manner established by the legislation of the Russian Federation, can act on behalf of the applicant to receive a municipal service
Required documents:
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Documents required to be submitted by the applicant:
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Application for provision of municipal services in the recommended form
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A power of attorney issued in accordance with current legislation and (or) another document confirming the powers of the representative (legal representative) (1 copy, copy (with the original), the copy cannot be returned) (submitted if the application is signed by the applicant’s representative (legal representative)
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Identity document of the applicant (applicant's representative) (1 copy, copy (with presentation of the original), the copy cannot be returned)
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Title documents for the premises being transferred, the right to which is not registered in the Unified State Register of Rights to Real Estate and Transactions with It (hereinafter referred to as the Unified State Register of Real Estate) (1 copy, a copy (with the presentation of the original) or a notarized copy, the copy cannot be returned )
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A project for the reconstruction and (or) redevelopment of the transferred premises, prepared and executed in the prescribed manner (1 copy, copy (with the presentation of the original), the copy cannot be returned) (submitted if the reconstruction and (or) redevelopment are required to ensure the use of such premises as residential or non-residential premises)
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Consent in writing of all owners of premises in an apartment building to transfer residential (non-residential) premises to non-residential (residential) premises (1 copy.
, copy (with the presentation of the original), the copy cannot be returned) (submitted if reconstruction and (or) redevelopment are required to ensure the use of such premises as residential or non-residential premises and are impossible without attaching part of the common property in an apartment building to them)
- Minutes of the general meeting of owners of premises in an apartment building, containing a decision on their consent to the transfer of residential premises to non-residential premises (1 copy, copy (with presentation of the original), the copy cannot be returned)
- Consent of each owner of all premises adjacent to the premises being transferred to the transfer of residential premises to non-residential premises (1 copy, copy (with presentation of the original), the copy cannot be returned)
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Documents submitted by the applicant on his own initiative:
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Title documents for the premises being transferred, the right to which is registered in the Unified State Register (1 copy, copy (with the presentation of the original or a notarized copy), the copy cannot be returned)
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A plan of the premises being transferred with its technical description (if the premises being transferred is residential, a technical passport of the premises is provided) (1 copy, copy (with the original), the copy cannot be returned)
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Floor plan of the house in which the premises being transferred are located (1 copy, copy (with presentation of the original), the copy cannot be returned)
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Service delivery period:
45 calendar days, calculated from the date of registration of the application with the documents necessary for the provision of municipal services
Cost of the service and payment procedure:
For free
Result of service provision:
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Issuing a notification to the administration of the municipal municipality "Syktyvkar" about the transfer of residential (non-residential) premises to non-residential (residential) premises
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Issuing a notice of refusal to provide municipal services
Place of application for service:
Department for organizing the provision of municipal services MBU "GICC"
Address: Syktyvkar, st. Babushkina, 22, room 103
Application for transfer of an apartment from residential premises to non-residential premises | Claims related to the use of residential premises | Statements of claim
We offer you professional writing of statements of claim on the topic you need, you are required to inform Us of these cases, and then our lawyers will write a professional, without compromise statement of claim ( statement ), completely ready for filing in court. Our prices are much lower than our competitors, and our work is of better quality. We do not write statements of claim if we see that the case cannot be won. Only 100% result.
Keep in mind that the statement of claim and annex to the statement of claim must be prepared according to the number of persons involved and all of them must be sent to the court, i.e. for example, if the defendant and a third party are involved in the court, 3 claims with attachments must be sent to the court - to the court, to the defendant and to the third party. All copies of claims must be signed by the plaintiff.
Also, all petitions and additional written evidence that will be presented in court must be prepared according to the number of persons participating in the case.
Categories of claims and the cost of their preparation:
1. Special production.
Legal facts - statements about establishing the fact of work, periods of work, family ties, ownership of title documents, recognition as incompetent and vice versa, etc. those. everything related to personal non-property rights and their establishment. The cost of drawing up is 1000 rubles.
2. Claims.
a) Family law and labor relations. Divorce, determining the place of residence of children, division of property, collection of alimony, as well as dismissal, termination of employment contracts, etc.
The cost of compilation is 800 rubles.
b) Land disputes, housing disputes. Everything related to housing and land.
The cost of compilation is 1200 rubles.
c) Recourse claims arising from the verdict. Claims against tax authorities and UPF, recovery of damages, moral damages, losses, claims against authorities for the protection of honor, claims for the protection of consumer rights, etc.
The cost of compilation is 2000 rubles.
To order a Statement of Claim, you must fill in your contact information and describe the problem as completely as possible (without indicating names, addresses or titles)
Application for transfer of residential premises to non-residential premises: sample writing, when and where to submit and what package of documents to collect?
We divided the transfer of residential premises into non-residential premises into 3 main stages: collecting the necessary documents and submitting them to the interdepartmental commission to authorize the transfer; contacting the BTI to determine the cost of transferring the premises; registration of ownership of already non-residential premises in the Federal Registration Service (Registration Chamber).
Procedure for transferring residential premises to non-residential premises
The procedure for transferring residential premises to non-residential premises consists of 3 successive stages.
Stage 1 - Collecting the necessary documents and applying to the interdepartmental commission to authorize the transfer
The period for receiving the document is up to 1 month.
To do this, come to the Department of State Fire Supervision of the Ministry of Emergency Situations and write a statement in the established form. Then the fire inspector leaves and inspects the premises, which must meet fire safety requirements. After the inspection, they will inform you when this conclusion can be obtained.
Conclusion of sanitary and epidemiological surveillance.
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.
DEZ certificate , which contains information about the purpose of other premises located on the same floor as the apartment whose status is planned to change.
This certificate is obtained from the management company (housing department, management house or HOA, etc.), where you write an application and attach: a Russian passport and a notarized power of attorney, if the document is ordered by an authorized person; a document confirming ownership of the premises and a foundation agreement.
Consent of neighbors.
If the premises are located in an apartment building, the consent of the neighbors is required (namely the consent of the owners of the apartments, and not those registered in them). Therefore, it is necessary to hold a meeting of homeowners.
To obtain consent you need:
- Contact the management company (HOA, Management House, etc.) with an application to include the issue on the agenda at the next meeting of home owners or an application to hold an extraordinary meeting.
If an extraordinary meeting is convened, each owner must be notified in writing (indicating the date and reason for the meeting) no later than 10 days in advance.
How to check out of an apartment (about deregistration at the place of residence) is described in detail in the article, the link to which is below. A detailed procedure for obtaining an extract from the house register is described here.
Project for the conversion of residential premises into non-residential premises.
This project must be ordered from a licensed design company. You can order through our website; to do this, contact our legal consultant at the bottom right of the screen. You can also consult him for free.
- All of the above documents and certificates;
- Russian Federation passports;
- a document confirming the ownership of the premises on the real estate and the foundation agreement;
- Notarized power of attorney, if the translation is carried out by an authorized person;
- If a legal entity is applying, then the constituent documents of the company whose representative the person is.
The review period is 45 days. After a decision is made on consent or refusal (reasons for refusal are indicated below), a protocol is handed over or sent by mail within 3 days.
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.
If the reasons for refusal are not indicated in the protocol, then the decision is considered unmotivated and may be subject to appeal in court.
Stage 2: Contact the BTI (Bureau of Technical Inventory) or the MFC to determine the cost of transferring the premises
Attach to the application (originals and copies):
- Russian Federation passport;
- a document confirming ownership of the premises and the foundation agreement;
- Protocol of the interdepartmental commission;
- Technical data sheet, explication and floor plan;
- If the translation is carried out by a trusted person, then a notarized power of attorney;
- If a legal entity is applying, you also need the constituent documents of the company of which the person is a representative.
Stage 3: Registration of ownership rights to the premises with the Federal Registration Service
- All owners of the premises or authorized representative contact the Federal Registration Service or MFC (Multifunctional Center) and attach the following documents (originals and copies):
- Russian Federation passport and power of attorney, if a proxy is acting;
- Protocols of the interdepartmental commission and the BTI commission;
- Constituent documents of the company, if a legal entity is applying.
- All owners sign applications that are filled out by an employee of the Federal Registration Service.
- Pay a receipt for payment of the state fee for registering property rights - 1000 rubles.
- The registrar will collect the originals and copies of the submitted documents and issue a receipt for registration , which indicates the date of their receipt.
- On the appointed day, having your passport and receipt with you, all owners pick up the documents .
Conditions for transfer
Before transferring premises from residential to non-residential, it is necessary to take into account the following nuances (Article 22 of the Housing Code of the Russian Federation):
- The room must have a separate entrance leading directly to the street , but if the room is more than 100 square meters. m., then there must be an emergency exit (for example, from the entrance).
Article 22 of the Housing Code strictly prohibits the use of non-residential premises, which can only be accessed through a corridor, entrance or adjacent premises. Sometimes it is allowed to transfer those premises that do not yet have a separate exit, but could potentially be equipped with one. Most often, such premises include apartments with a window overlooking the courtyard.
If someone has the right to demand premises to repay a debt, then it will not be possible to change the status of the apartment, because the regulatory authorities are closely monitoring that no fraud can be carried out with the real estate.
All of the above conditions apply equally to both apartment buildings and one-story buildings. In addition, when transferring residential premises to non-residential premises, great difficulties may arise in the following situations:
- The premises are located in a house recognized as an object of cultural and historical heritage ;
- The apartment is not connected to the main utilities ;
- The building in which the apartment is located is in unsatisfactory technical condition and needs repairs;
- It is also necessary to know whether the house is registered with the headquarters for emergency situations and civil defense . This may affect the value of the property during expert inspection.
It should be borne in mind that in some cases it is not at all necessary to transfer an apartment to the non-residential category. Article 17 of the Housing Code specifies the main conditions:
- It is allowed to use residential premises for carrying out business or professional activities, if this does not interfere with the people living in the apartment, as well as neighbors.
- an individual legally registered in the apartment
- The premises must comply with sanitary and epidemiological standards , and the house should not be in disrepair or subject to demolition.
Translation costs
You will have to bear the following costs:
- The difference in the price of a non-residential property when it is calculated in the BTI.
- Payment for services provided by the BTI and related to the preparation of a technical passport of the premises, as well as a certificate of the difference in prices before and after the transfer of real estate to the category of non-residential premises.
- Payment for notary services , which will be required when preparing copies of documents for ownership of an apartment, power of attorney;
- Payment of state duty for registration of non-residential premises;
- Payment for the services of a company working on a real estate redevelopment or refurbishment project, if required.
If you have questions, consult a lawyer for free ↓.
How to convert non-residential premises into residential ones?
Changing the status of property is carried out in compliance with clearly established rules. Thanks to their implementation, the procedure can be considered legal and legitimate.
According to Article 288 of the Civil Code, the owner has the right to use and dispose of residential premises in accordance with the intended purpose. We’ll tell you in the article how to change the purpose of this room.
Residential is a room that is isolated from others and meets sanitary standards and fire safety requirements. It should also provide everything for year-round living.
Thus, the premises that will be transferred to residential status must have not only sufficient area, but also additional rooms intended for human needs.
Non-residential premises are considered premises that are not intended for year-round habitation of people - these are service buildings, change houses and areas intended for production.
Normative base
Regulations:
- Part 4 of Article 22 of the Housing Code of the Russian Federation talks about the process of changing the status of the premises.
- The Town Planning Code describes the requirements for premises. The conditions for premises located in the city are also presented.
- Federal Law of July 13, 2015 N 218-FZ. He talks about real estate registration.
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