Privatization of non-residential premises in a residential building, how to privatize non-residential premises in an apartment building

Sooner or later, every entrepreneur thinks about the possibility of privatizing the non-residential premises that he occupies on a leasehold basis. Indeed, rental costs are constantly increasing.

Meanwhile, if you know how to privatize non-residential premises, you can not only shorten this article, but also rent out the premises or part of it yourself, receiving a certain benefit from this.

Finally, you can simply sell the premises you own and buy yourself another one, located more successfully from a commercial point of view. Unfortunately, the process of purchasing non-residential premises from the state does not always go smoothly.

Is it possible to privatize non-residential premises?

Non-residential is a premise that is structurally isolated for use for a specific purpose and is not intended for citizens to live in. Such buildings may include warehouses, retail, educational and sports facilities, hospitals, offices, etc.

Privatization refers to the transfer of a certain premises from the ownership of a municipality or state into the ownership of a citizen or several persons. The privatization procedure can be carried out either free or paid.

Based on Article 217 of the Civil Code of the Russian Federation, norms of Federal Law No. 159 of 2008 on July 22 and Federal Law No. 178 of 2001 on December 21, there are 3 methods of privatization of state or municipal non-residential premises:

• purchase of real estate as a tenant;
• participation in the auction;
• privatization of an apartment and part of a non-residential premises (for example, an attic in an apartment building).

The first 2 options are possible exclusively on a paid basis, since citizens have the right to privatize only housing free of charge. Partial ownership of non-residential premises (such as an attic) is possible if all co-owners of apartments in the building are ready to issue written consent. A citizen also has the right to buy out an attic from joint ownership.

Who can privatize non-residential premises

We remind you that small and medium-sized businesses that have the right to preferential purchase of non-residential premises include:

• peasant (farm) farms;
• commercial organizations (except for unitary enterprises and those with a share in the authorized capital of “non-small or medium-sized businesses” ≥ 25%). Provided that the number of their employees and revenue (excluding VAT) meets the requirements of the law, namely: the number of employees should not exceed 250 people, and revenue – 1000 million rubles.

But even in this case, only those representatives of small and medium-sized businesses who have the right to privatize non-residential premises have the right to

• rent it directly from the state;
• they have no rent arrears;
• the total area of ​​the rented premises is no more than 2000 square meters
• the leased property is not included in the approved list of state or municipal property intended for transfer into the possession and (or) use of small and medium-sized businesses.

However, if the tenant owned non-residential premises included in the List for more than 5 years before September 1, 2012 and can confirm this with the relevant lease agreements, and the Premises itself was included in the List more than 5 years ago, then he can apply for the purchase of such non-residential premises.

Required documents

To complete the privatization of real estate, you need to provide the following documents:

• Applicant's passport;
• Cadastral extract;
• Lease contract;
• Statement.

Only after the documents are submitted, the procedure for transferring property into the hands of a private person is carried out.

Where to go and where to start such an important process?

You should contact the district administration and bring the following documents with you:

• Passport of the person who plans to transfer ownership of the property;
• Lease agreement for occupied non-residential premises;
• Application by a person to transfer ownership of an object;
• Extract from the cadastre.

The authorities, represented by the commission for the alienation of municipal property, will consider the application and all documents attached to it within 30 calendar days, and report in writing about the decision made, which can be either positive or, unfortunately, negative. If the administrative body gives its consent to privatization, then it notifies the person about the cost of the premises.

Of course, in this case there can be no talk of any bargaining between the seller and the buyer. The administration sets the price, and the entrepreneur pays the bill at a pre-agreed bank.

If it is not possible to pay the specified price in full, you can ask for a three-year installment plan through the administration, or take out a bank loan.

Next, the package of documents is supplemented by a paid receipt, a decree on the transfer of the treasured premises into ownership and the buyer’s application for registration of ownership, to which the paid receipt is also attached. After this, you just have to wait a little - a couple of months at most, and the non-residential premises will be transferred to the new owner legally.

Privatization of non-residential premises in a dormitory

If it turns out that the house is not part of a specialized housing stock, but belongs to the municipality, then the privatization procedure will be much simpler and faster.

In this case, the owner of a room in a dormitory must contact the district administration in order to conclude a social rental agreement, and also obtain an extract about the status of the house from the municipal property register.

If, in the process of checking the status of the residential premises, it turns out that the hostel is part of a specialized housing stock, then the owner of the room will most likely be denied the housing privatization procedure.

But only if it submits all official papers on time and deposits 10% of the starting sale amount with the relevant authorities. There is also an alternative option - re-registration of privatized residential premises into non-residential ones.

Typically, such operations are carried out with apartments on the ground floors and basement areas.

If municipal authorities give the go-ahead for the transfer of premises from municipal property to private ownership, there will be a need for new documents.

According to the above law, business entities must send to the relevant authority a statement of intent to purchase the leased property and provide the necessary set of documents. Alienation of the said municipal premises as acquired property is not permitted on the basis of federal laws.

Along with the application, a package of documents is provided, their list is given above. Next, the authority reviews the documents within 30 calendar days. Depending on the decision made, the commission dealing with the alienation of municipal property issues a written response about its positive or negative decision.

This is followed by payment of the specified cost. Presentation of receipt to administration. After which, within two months, a resolution is issued to transfer the leased premises into ownership.

This is followed by an application to the Office of the State Registration Center, where it is necessary to present documents such as a resolution, excerpts from the cadastre, payment receipts or, if the entrepreneur pays the cost gradually, an installment agreement.

Privatization of non-residential premises in an apartment building

Privatization of non-residential premises in an apartment building, based on the materials of Article 36 of the Housing Code, is carried out only with the consent of all residents of the building at a meeting.

It can take place both in person and in absentia. The neighbors' written consent is attached to the application, which is submitted to the local administration.

The list of non-residential premises of an apartment building includes: landings, attics, elevators, corridors and basements.

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Privatization of non-residential premises: procedure, conditions, how to register ownership, documents, deadlines, cost

Privatization is a paid procedure that involves the transfer of real estate from residential or non-residential stock into private ownership to one several citizens or legal entity.

To implement it, it is necessary to fulfill the conditions of the procedure in the manner prescribed by law. Conditions may vary depending on the type of premises.

Privatization of non-residential premises is a primary type transaction, which is carried out only on a paid basis. The procedure is regulated and carried out on the basis of the Civil Code of the Russian Federation, as well as Federal Laws No. 159 and 178. Additionally, they are also guided by Presidential Decree No. 2284 of December 21, 1993, which includes all provided programs for cities.

What is the procedure for privatization of non-residential premises

The Constitution of the Russian Federation provides for several types of property - state, municipal and private. In the 90s of the last century, legal mechanisms were developed to allow the transfer of property into private ownership. Thanks to this, it is possible to carry out the privatization of state and municipal property.

It should be taken into account that there is residential and non-residential stock. The privatization procedure in both cases has significant differences.

Most citizens who are far from public administration are familiar with only one side of the procedure - when an apartment is transferred into private ownership free of charge. In relation to non-residential facilities, the legislation provides for payment.

Difference between residential and non-residential stock:

1. The category includes premises in which citizens legally reside. Among them are private apartment buildings, as well as dormitories. This category will also include buildings that are used for temporary residence - hotels.
2. Non-residential stock includes buildings and structures that are used for a specific purpose (except for residence). These include warehouses, sports, offices, hospitals and other facilities.

• The current legal framework allows individuals and legal entities to obtain municipal/state property from non-residential stock.
• Only property that is not exclusively at the disposal of the state (objects and lands of strategic importance) can be obtained for private disposal.
• The object that will be transferred to citizens/institutions may be:

• company;
• educational institutions;
• office;
• hospitals;
• cultural site;
• retail premises;
• Earth;
• natural object and others.

According to established regulations, the transfer of property from non-residential stock to private ownership is carried out for money. Often, bidding is held (an auction is organized), as a result of which the future owner is determined.

It is also possible to buy out the premises as a tenant, where the basic basis will be a lease agreement. Their organization requires compliance with the regulations prescribed by law.

There are several conditions that may change the procedure for privatization.

To fulfill everything according to the law, you need to take into account the following nuances:

• to whom the property is transferred - individuals or legal entities;
• location of the premises - dormitory, apartment building or residential building.

Guided by such data, you can proceed to the privatization procedure. To do this, you need to perform actions according to the established order.

For individuals

Individuals are allowed to register ownership of non-residential premises. Citizens who have a rental agreement for municipally owned housing can apply with the intention of privatizing the rented apartment.

At the same time, it is possible to privatize part of the non-residential premises, among which there will be a share of the attic or a separate basement room.

Note! Only a separate share of such municipal property can be privatized. This is determined by the fact that the object is common property, which is also used by other tenants.

If there is a desire to take possession of the entire property from common use, it is required to obtain written consent from the shared tenants.

Citizens are also allowed to enter into a purchase and sale agreement for such premises between individuals. persons. This allows tenants who do not wish to formalize ownership rights to receive a refund of their share in cash.

Apartment and residential buildings

All owners of apartments in multi-apartment and residential buildings have the right to a part of the common property. This includes all premises that are not used as residential, but have a specific purpose (attics, basements, storage rooms, etc.).

To formalize ownership, it is necessary to obtain the consent of all participants in shared ownership in writing. Privatization of non-residential premises in a residential building is identical.

The privatization of land that belongs to the property of apartment buildings is allowed. This is quite popular among the population. Citizens can take possession of land that they have been using for some time.

In dorm

Entrepreneurs who have a rental agreement for premises can save money. When a dormitory building is used for commercial purposes, it is converted to non-residential use.

These are:

• the shops;
• service salons;
• offices;
• other facilities for conducting commercial activities.

The optimal solution would be to register non-residential premises. The norms of current law are aimed at businessmen who are engaged in entrepreneurial activities. The provision of services and trade act as a driver for the registration of property rights.

Procedure

For those who need to know how to register ownership of non-residential premises, you should familiarize yourself with the prescribed procedure. The procedure includes several steps and requires step-by-step implementation.

1. Regardless of who acts as the subject when registering property (legal entity or individual), the initial stages are the same for all participants in the process.
2. The procedure for privatization of non-residential premises requires the accuracy and reliability of the data provided.
3. You need to do the following:

1. Contact the relevant authority with a statement of intention to transfer the property to your disposal as an owner.
2. The applicant collects the relevant package of documents and submits it to authorized officials along with the application.
3. Await decision review. This will take a month.
4. The answer is provided by the commission that deals with the procedure for the alienation of municipal property.
5. The next stage requires payment of a state fee, which is established.
6. The next step will be to contact the property registration authority with the appropriate application and the resulting resolution.
7. Receive an extract from the Unified State Register.

A certificate of registration of ownership of non-residential premises is currently not issued. To register, you need to contact the Unified State Register of Rights (hereinafter referred to as the Unified State Register of Rights).

This institution contains up-to-date information on the condition of all types of real estate, regardless of who is the copyright holder. You will need to wait about a month to receive an extract from the Unified State Register.

At the last stage, while the new owner is waiting for a response from the relevant institution, the administration will issue technical documents for the acquired property.

These include:

• cadastral passport;
• plan;
• technical certificate;
• privatization agreement and others.

In practice, the procedure is very similar to registration of ownership of residential premises. However, there are differences that should not be overlooked to avoid mistakes.

Statement

Particular attention should be paid to completing the application.

The structure of the document is very important and should contain the following information:

• information about the body or authorized person who accepts the application for consideration;
• applicant's passport details;
• grounds for re-registration;
• list of attached documents.

Completion requires standard documentation, which includes the date of execution and a personal signature. To avoid mistakes, it is recommended to first download and familiarize yourself with a sample application.

Where to go

To register non-residential premises as property, you need to contact the district administration. Here a commission is formed that will make a decision on the alienation of municipal property.

The applicant will receive a response in writing, which will indicate the decision. This will take two months.

If the property is controversial and affects the interests of several citizens, the one who has the lease agreement will have the advantage. The timing also matters. When it exceeds three years for one of the tenants, privatization will be determined in his favor.

What documents are required

The law provides a list of documents that are required to formalize the privatization of non-residential real estate.

It includes the following:

• a statement of intent to privatize drawn up by the tenant;
• passport details of the citizen (copy of passport);
• certificate from the cadastre;
• an agreement evidencing the lease of real estate.

A receipt confirming payment of the state duty must be presented. In some cases, the list may be expanded.

Submission of documents is carried out personally by the applicant. There is an option when documents are submitted by means of a power of attorney certified by a notary. The first option would be preferable.

Valuation of non-residential premises

Through an appraisal, the value of the property that is the subject of interest is established. Payment options are discussed in advance.

Provides:

• one-time – full payment of the specified cost;
• installment plan for three years - paid in monthly installments, it requires an installment agreement.

Therefore, the applicant undertakes to provide a receipt to confirm payment. After submitting this document, you will need to wait 60 days. The applicant will receive a resolution notifying that the requested property has been transferred into ownership.

To protect yourself from violations during the contract execution process, it is recommended to use the help of a specialist.

Conclusion of an agreement (sample)

The agreement is drawn up in writing by the interested parties, and they sign it. If the form is not followed during the registration process, the transaction is considered invalid.

Important! The document must contain information about the subject of the contract. The data must clearly identify the property to be transferred.

Indicators that serve as a basis for identifying the premises:

• object details;
• Name;
• cadastral number;
• footprint.

The agreement also includes grounds that confirm the rights of the owner of real estate. Subject to their limitations, documents such as pledge, arrest, and rights of third parties serve as evidence. You can download a sample on the website to format the document correctly.

Privatization period

Each stage of the procedure takes the allotted time, which is required to fulfill the stipulated conditions. Government agencies set certain time limits. The total duration is 3 calendar months.

Deadlines required by government agencies
№	Structure name	Term
1.	District administration	30 days
2.	Municipality	60 days

The Unified State Register of Rights is the last institution that issues information on the condition of property. This is the last point of the privatization procedure. It takes less than a month to receive the document.

Grounds for refusal of privatization

The administrative body that is involved in the review has the right to refuse the transaction. A person who does not meet the requirements cannot register ownership.

The reasons for this answer are:

• there are no funds to repay the established amount;
• refusal to pay the established cost;
• the applicant about the intention of privatization reduces the price for the object;
• the document on the desire to privatize the property was drawn up incorrectly;
• the required documents are missing or an incomplete package is provided.

The last two points provide the opportunity to re-apply. To do this, you will have to repeat the order from the starting position.

State duty amount

Registration of privatization of real estate that is in the real estate fund, as indicated above, is carried out on a paid basis. The applicant must pay a state fee.

Dimensions are:

• individuals – 2.5 thousand rubles;
• legal entities – 22 thousand.

In addition, there is a payment to local governments, which is made according to the purchase and sale agreement.

If participation in an auction is expected, the cost of the object is agreed upon in advance. Each participant undertakes to contribute 10% of the established price of the object for participation. The winning participant contributes the remaining amount. Those who remain losers receive the deposited amount as a deposit for participation.

Conclusion: basic nuances of the procedure

Transferring non-residential premises into ownership is a complex and lengthy legal procedure. Each stage of implementation requires knowledge of the legal framework and subtleties that the privatization procedure includes.

In addition, you need to remember and take into account the following points:

1. Consultation with a lawyer is recommended at all stages of the procedure.
2. Depending on where and by whom the procedure is performed, the conditions change.
3. Take the application for privatization seriously.
4. When collecting documents for ownership of non-residential premises, check with the authorized person for the list.
5. Privatization of non-residential premises is a paid procedure, so be prepared to reimburse the cost and pay a state fee.
6. Be careful when drafting your purchase and sale agreement to avoid fraud or irregularities.

Failure to comply with one of the requirements set by law leads to the fact that the procedure starts from scratch. In the worst case, it simply cannot be repeated.

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How to privatize non-residential premises in an apartment building - Portal about housing and communal services

Privatization of non-residential premises in a residential building.

Entrepreneurs and joint stock companies often wonder how to privatize a building rented for business: a warehouse, a trade pavilion or an office? At first glance, everything seems simple.

But in fact, the privatization of non-residential parts of an apartment building is not an easy procedure.

The authorities often delay the procedure, so every self-respecting individual entrepreneur should know what steps privatization consists of?

Businessmen will have to decide how they will transfer the property into their ownership. The law allows for several methods - we will talk about all of them in our material.

Is it possible to privatize non-residential premises?

Everyone knows the definition of “privatization” – the transfer of real estate from municipal to private ownership. Usually in shared ownership for several tenants. Privatization can be either free or paid.

If everything is clear with the privatization of housing and land - this is mostly a free procedure, then the re-registration of non-residential premises is different. The authorities do not give out objects for next to nothing, so individuals can privatize non-residential premises only on a paid basis:

• privatization (most often for money);
• concluding a purchase and sale agreement for premises;
• purchasing an object at auction.

Is free privatization of non-residential space in a residential building allowed? The answer to this question depends on one condition. In order to transfer part of a non-residential property (for example, an attic) into the ownership of a tenant, it is necessary to obtain the consent of the remaining apartment owners. Only in this case can you become the owner of part of a non-residential property. You can subsequently buy out the remaining shares.

What the law says

Non-residential premises usually belong to the municipality, even if the building is multi-apartment. The legal regulation of such objects is enshrined in several legal acts:

• Federal Law No. 159 “On the Peculiarities of Alienation...” dated July 22, 2008 - defines the specifics of paid alienation (Article 2), the privatization procedure (Article 4) and other nuances.
• Federal Law No. 178 “On Privatization...” of 2001 (as amended) - indicates the types of property being privatized in houses.
• Art. 217 of the Civil Code of the Russian Federation - secures the right to privatize state and municipal property.

The general message of the law: non-residential properties can only be privatized on a paid basis. The provisions on free re-registration do not apply to them.

How to privatize non-residential premises in an apartment building?

Non-residential premises are considered to be offices, shopping pavilions, warehouses, educational and entertainment premises, shops, if they are located within an apartment building.

As practice shows, individual entrepreneurs rent premises on the first floors - very often while maintaining the current layout. The use of the facilities is carried out on the basis of a lease agreement.

The presence of such an agreement makes it possible to transfer the premises into ownership.

Order, stages

• It is most convenient to divide the procedure into several stages:
• Stage 2: Applying to the local administration with an application for privatization.
• Stage 3: Receiving a feedback: positive or negative.
• Stage 4: Assignment of the cadastral value of non-residential premises.
• Stage 5: Purchase of the property from the owner.
• Stage 6: Receiving the resolution and the transfer certificate from the administration.
• Stage 7: Registration of property rights in the Unified State Register of Real Estate.

There are no particular difficulties, but in general the procedure is considered bureaucratic. You can wait more than one month for a response from the administration.

Therefore, it is highly advisable to collect the documents the first time and not make mistakes in the application.

The initiator of privatization can be an individual (entrepreneur, businessman) or a legal entity (organization: LLC, OJSC, JSC). The applicant will have to go through several authorities and register ownership in Rosreestr.

Detailed algorithm of actions:

• Collect a package of documents

Before contacting the administration, you need to prepare an application and documents - a lease agreement for non-residential premises in a residential building (required). It is better if the period of use of the object exceeds 3 years. In this situation, the entrepreneur has benefits when purchasing the premises.

• Contact your municipality

The application and documents are submitted to the secretary of the local administration office. It is even easier to send an appeal by mail (registered mail). An individual entrepreneur has the right to use the services of an intermediary represented by a trusted person. But to do this, you need to draw up a power of attorney and have it certified by a notary office.

• Wait for a response from the administration

A preliminary “victory” can be considered the consent of the municipality to transfer ownership of the property. The decision is made collectively at a meeting of administration representatives. If the decision is positive, we move on; if negative, you will have to go to court.

Along with permission to transfer the property, the authorities calculate the cost of non-residential premises. Please note that the price is final. What does it mean? An individual entrepreneur cannot ask for a reduction in the value of the property, but must buy the premises at its cadastral price. But there is also an advantage: the opportunity to arrange a 3-year installment plan (an installment agreement is concluded).

• Pay the cost of the object

If you have financial resources, it is better to buy the property outright. The installment plan is accompanied by interest charges, so the total repayment amount will be much higher. Payment is made in cash or by bank transfer at a bank. Payment details can be obtained from the agreement with the local administration.

Immediately after receipt of payment, the municipality issues a resolution on the transfer of non-residential property to private ownership. At the same time, an act of acceptance and transfer of premises is drawn up.

Lawyers advise collecting documents in advance. You will need two packages: one for the local administration, the second for Rosreestr:

• copy + original passport of an individual (businessman) or documents of a legal entity (constituent);
• a copy of the lease agreement for non-residential premises;
• registration certificate or cadastral extract from the Unified State Register of Real Estate;
• a written statement from the applicant.

The mandatory package can be expanded. It is best to find out about this from the registration authorities.

The average period for privatization of non-residential premises is from 3 months. The period is divided into several interconnected periods:

1. About 60 days – the authorities consider the application and make a decision on the privatization of the object.
2. 30 working days – registration of ownership in the Unified State Register of Real Estate.

This does not include the period for preparing documents. This usually takes from one week to a month. Some certificates have a limited validity period.

Cost, expenses

The determination of expenses depends on the cadastral price of a non-residential property. There are no additional costs. An individual has the right to apply for an installment plan.

As for registering property rights in Rosreestr, you will have to pay a state fee for issuing an extract from the Unified State Register of Real Estate. Individuals – 2,000 rubles, legal entities – 22,000 rubles.

How to privatize non-residential premises in a residential building.

Privatization of non-residential premises - the law, can it be recognized, judicial practice, in an apartment building, residential building

1. Since 1991, Russian citizens have the right to privatize (take ownership of) public housing in which they lived under a social tenancy agreement.

2. But a citizen of the Russian Federation can become the owner of not only a residential building or apartment, but also non-residential premises.
3. The design features of such objects do not allow the use of this area as a place of permanent residence for citizens.

For other purposes, a premises of this type may be quite suitable (trade, arrangement of a warehouse or office, etc.).

What it is

Privatization of non-residential premises is the transfer of ownership to legal entities or individuals.

As of 2018, the right to carry out such a procedure by citizens of the Russian Federation is confirmed by a special law that will be in force until 03/01/2018.

• But, unlike residential premises, which are provided both for a fee and on a free basis, non-residential premises can only be obtained for a fee.
• From the point of view of the legislation of the Russian Federation, privatization is considered as a primary type transaction carried out on the real estate market.
• As a result of such a transaction, ownership of real estate is transferred from local authorities to citizens.

Privatization of non-residential premises in a residential building, how to privatize non-residential premises in an apartment building

Businessmen are often interested in the possibility of converting premises occupied under a lease agreement into private ownership. How to become the owner of non-residential square meters that are part of a residential building and how realistic this is, let's figure it out.

Is it possible to privatize non-residential premises?

Privatization of any non-residential real estate property in the Russian Federation is carried out exclusively on a paid basis, no matter whether the individual or legal entity is the initiator of the registration. And in order to register ownership of the privatized part of the apartment building, it is necessary to hold a general meeting of residents and obtain their consent. 100% of the owners should be in favor.

In most apartment buildings built several decades ago, previously non-residential premises still belong to the administration, even if all the apartments in them have long been transferred to private ownership. The privatization of such objects is regulated by several legislative acts:

• Federal Law No. 159 “On the Peculiarities of Alienation...” - defines the procedure for paid alienation, its procedure and a number of other important nuances;
• Federal Law No. 178 “On Privatization...” - contains information about the types of property in MKD that are subject to privatization;
• Article 217 of the Civil Code of the Russian Federation confirms the right to privatize state and municipal property.

How to privatize non-residential premises in an apartment building?

Non-residential premises include office, retail, warehouse and other types of premises that are rented by businessmen to carry out commercial activities. As a rule, the areas are located on the first and ground floors of apartment buildings. The right to use them, and subsequently the possibility of privatization, arises on the basis of a lease agreement.

Order, stages

Re-registration of property occurs in several stages:

• documents are prepared;
• the application for privatization with the attached package of documents is sent to the local administration;
• a response is received from the authorities about the possibility or impossibility of privatization;
• the cadastral value of square meters is determined;
• the object is purchased from the administration;
• the applicant is issued a resolution and an act of transfer of premises;
• property rights are registered in Rosreestr.

The procedure cannot be called particularly complicated, but due to bureaucratic delays it can drag on for a long time, especially if not all documents pass verification the first time.

An individual or legal entity has the right to initiate privatization. Before becoming the owner of the premises, the applicant must bypass several authorities and register the property rights in Rosreestr.

Detailed algorithm of actions:

1. We collect a package of documents. Pay special attention to the lease agreement. It must be mandatory, and the longer the period of use of the premises, the better. Persons renting real estate for three years or more are entitled to preferential redemption.
2. We visit the local administration. The application can be brought to the municipality either in person or sent via registered mail with notification.
3. We are waiting for a response from the owner. If representatives of the administration at a collegial discussion allowed privatization, you can consider that half the battle is done. If refused, you can appeal the decision in court.
4. We decide on the ransom. At the same time, with the approval of privatization by the authorities, the price for non-residential premises is set. The indicated price is final. But businessmen have the right to ask for an installment plan for up to three years.
5. We buy the object. If you have a free amount of money on hand, then it is better not to delay the redemption, since installment plans are always accompanied by the accrual of interest. As a result, the amount will be significantly higher. Payment can be made either in cash or by bank transfer.
6. We receive a decision. As soon as the payment goes through and the money arrives at the municipality’s account, you will be issued a decree on transferring the property into private ownership and an act of acceptance and transfer of non-residential premises.
7. We register the property in Rosreestr. The final stage, for which the entrepreneur must again collect a package of documents and write an application. Within 30 days from the date of submitting the papers, you will be issued an extract from the Unified State Register of Real Estate.

To privatize non-residential premises located in an apartment building, you will need to collect two similar packages of documents. The first is for the municipality, the second is for registrars.

Please attach to your written application for privatization:

• passport (if you are an individual entrepreneur) or constituent documents (if you are acting on behalf of a legal entity);
• premises rental agreement;
• technical passport for the property and cadastral extract from the Unified State Register of Real Estate.

In addition to these mandatory documents, registrars may require the provision of a number of additional certificates. In order not to delay the procedure, check with the registration authorities in advance for a detailed list of required documents.

On average, the transfer of non-residential municipal premises into private ownership takes 3-4 months. The term consists of several periods;

• For approximately 2 months, the authorities consider the application from the applicant and make a decision on the future fate of the object.
• within a month, Rosreestr employees register the property rights and form an extract from the Unified State Register of Real Estate.

Additional time will be required to collect documents. Prepare your certificates in advance, but not too early, as most papers have a limited validity period.

If you need to prove your right to privatization in court, the procedure may drag on for another six months.

Cost, expenses

Since the privatization of non-residential premises is always carried out on a paid basis, costs largely depend on the cadastral value of the property. Additionally, you will have to pay a state fee for registering property rights in the register:

• 2000 for individuals, including individual entrepreneurs;
• 22000 for organizations.

How to privatize non-residential premises? Step by step procedure...

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Privatization of non-residential premises in a residential building

Both residential real estate and non-residential premises can be privatized. Privatization of non-residential premises is a long and costly process. In addition, there is a high probability of refusal to privatize non-residential premises in a residential building. Negative consequences can be avoided if you seek help from a specialized lawyer.

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The possibility of privatization of state and municipal property is established by Article 217 of the Civil Code of the Russian Federation. Privatization in the general sense is understood as the transformation of the form of state or municipal property to a private person.

By analogy, privatization of non-residential premises is the transfer of non-residential real estate into private hands.

Re-registration of an apartment or other housing is a free procedure, while the transfer of non-residential premises is carried out exclusively on a paid basis.

In addition to privatization, current legislation allows for the purchase and sale of such premises as a tenant and the purchase at auction of such premises. The specifics of alienation on a paid basis are specified in Art. 2 159-FZ of July 22, 2008. The procedure for paid privatization of premises is described in Art. 4 159-FZ.

To understand which non-residential premises in a residential building can be privatized, you need to understand the composition of the non-residential stock in an apartment building. The premises are divided into common areas (elevator, common balcony, basement, landing) and into objects that can be used by third parties.

It will not be possible to redesign common areas, since they are intended for use strictly for their intended purpose.

Only those places that can be used by third parties are subject to privatization. Such premises include non-residential apartments on the first and ground floors of residential buildings. They are converted into non-residential premises and used according to the needs of their owners - as shops, offices, warehouses, salons, educational centers and other places of a social nature.

The entire composition of possible privatized non-residential premises is given in Federal Law of December 21, 2001 No. 178-FZ.

The procedure for privatization of non-residential premises in a residential building

The lease agreement allows the tenant to subsequently privatize non-residential premises in a residential building.

The owner of an apartment in an apartment building also has every right to claim the privatization of unused premises - a basement or attic.

Such alienation requires correct consistent actions from future owners. The re-registration procedure itself consists of several stages:

1. Collection of documents . The privatization initiator is responsible for preparing the package of documents. The procedure can be initiated by an individual who is the owner of residential property in the house, or by a legal entity that plans to use the premises to conduct business. Tenants must provide a rental agreement. Those tenants who rent premises for three years or more are provided with benefits and benefits.
2. Submitting an application to the state or municipal executive authority (territorial administration). The completed application and the collected package of documents are submitted to the municipality. It is possible to apply in person, submit an application through a representative by proxy and send documents by registered mail.
3. Waiting for a decision on the privatization of non-residential premises in a residential building. The decision to transfer ownership is made by a collegial meeting. If the administration representatives refuse the application, the applicant has the right to go to court.
4. Determination of the cadastral value of an object . The cadastral value is fixed and final. The price of the purchased object cannot be reduced.
5. Purchasing a property from the owner. Non-residential premises can be purchased for cash or by bank transfer. For individuals, it is possible to purchase an object under an installment agreement, which is concluded for three years.
6. Registration and issuance of a decree and a transfer certificate for a transaction. A resolution on the transfer of non-residential premises into private ownership and an acceptance certificate are issued after the receipt of funds for the property.
7. Registration of property rights in the Unified State Register of Real Estate - EGRN. The new owner must contact the territorial office of Rosreestr with an application for registration of property rights.

The buyer must provide a package of documents to two authorities - the local administration and the Rosreestr branch. The application must be accompanied by a copy of your passport for individuals and individual entrepreneurs and statutory documents for legal entities. When submitting an application, you must have with you the original documents proving your identity and confirming the applicant’s competence.

You also need to provide a copy of the lease agreement and the registration certificate of the property. This list may be supplemented, so before submitting an application for privatization of non-residential premises, it is better to contact the local administrative authority or seek professional legal assistance.

Duration and cost of the procedure

It is impossible to determine the exact period for re-registration of the premises; it all depends on the individual characteristics of the transaction. Privatization lasts at least three months, of which two months are spent considering the buyer’s appeal to the administration followed by a decision, and another month - registration of ownership in Rosreestr.

It may take at least a month to prepare documents if the applicant collects the necessary registers on his own.

If the procedure for re-registration of non-residential property is considered in court, the process can take six months.

Privatization costs include the cadastral value of the premises itself and state fees. The state duty for individuals is 2,000 rubles, for legal entities - 22,000 rubles.

Auction procedures

Despite the correct documentation, the tenant may be denied privatization of non-residential premises. The verdict depends only on the decision of the collegial meeting of the local administration. In some situations, the cadastral value of an object may be significantly overestimated and may not correspond to the current technical condition and operational characteristics of the premises.

In any case, refusal is not always the end of privatization. The buyer can challenge the municipality's decision in court or purchase the non-residential premises he needs through an electronic auction.

The procedure for conducting an electronic auction is prescribed in Articles 59-71 of the Law on the Federal Contract System No. 44-FZ of 04/05/2013.

The local administration puts up a property for auction at a certain price. In this case, the auction works in the opposite direction - buyers do not reduce, but increase the price of non-residential premises.

Information on procurement can be found in the Unified Information System (UIS), on various electronic trading platforms, as well as in other official media sources.

All other participants will have their collateral returned to their accounts.

The winner of the electronic auction must pay the balance of the cost for the privatization of non-residential premises in full.

This must be done at once; installments in this case are not allowed.

In order to take part in a public open auction for non-residential real estate in a residential building, you need to prepare the following documents:

• application for participation;
• a written application for the privatization of non-residential premises;
• copies of the buyer’s passport and TIN, certified by a notary;
• a receipt for payment of a deposit in the amount of 10% of the cost of the property;
• other documents as required by the municipality.

The auctions are held on the official website of the local administration. The procedure can take from 10 minutes to an hour. Offers from bidders are processed within 10 minutes.

After paying the full cost of the property and receiving a resolution, you need to contact Rosreestr to re-register ownership rights. The state duty is paid in a similar amount. The deadlines also do not change. The administration considers the application for about a month, Rosreestr issues an extract within 30 days.

Resolving the issue through court

If the object is privately owned, or the premises themselves cannot be re-registered into private hands due to its purpose, there is no point in going to court. It will not be possible to privatize the fund even in cases where all the residents of the house have written an official protest or refusal to transfer the real estate.

Upon receipt of an unfounded refusal to re-register non-residential property in an apartment building from the local administration, the buyer has every right to go to court. Legal proceedings are carried out both when the municipality refuses to re-register an object due to the status of the applicant, and when the value of the asset is significantly overstated.

To initiate legal proceedings, you must submit a statement of claim to the court, collect all the required documents and evidence and pay the state fee. The judge will take into account all the circumstances and make a reasoned decision.

• Sources:
• On the privatization of state and municipal property
• On the privatization of state and municipal property
• On the peculiarities of alienation of leased property
• On the procedure for the right to exercise the pre-emptive right of tenants to purchase leased property
• About the electronic auction