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Changing the purpose of the premises. Changing the functional purpose of non-residential premises. Changing the purpose of a building

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When renovating apartments, it often becomes necessary to change the functional purpose of the living space - from a kitchen to a room, from a room to a hallway, etc. Such changes require approval from supervisory authorities. Moreover, a number of works fall into the category of prohibited.

Changing the purpose of an apartment: regulatory framework

If we are talking about changing the purpose of individual premises within an apartment, this process differs from repurposing an entire property, for example, transferring from residential to non-residential and back. In this case, the planned activities are part of the apartment redevelopment process.

Such work in Moscow is regulated by Moscow Government Decree No. 508-PP dated October 25, 2011 in its numerous editions. The latest edition to date is dated December 1, 2015 No. 796-PP. In addition, the norms of Decree of the Government of the Russian Federation No. 47 of January 28, 2006 and Decree of the State Construction Committee No. 170 of September 25, 2003 apply.

Change the functional purpose of the apartment - procedure

To change the functional purpose of premises in an apartment, you need to submit the following package of documents to the Moscow Housing Inspectorate:

  • statement;
  • technical passport from BTI;
  • title documents for real estate;
  • redevelopment (reconstruction) project;
  • for tenants - consent of the owner.

Preliminary design documentation must be approved by a number of authorities: Rospotrebnadzor, Pozhnadzor, Mosgaz, Architectural and Planning Department. The exact list depends on the specific conditions of the object. If permission is received, repairs can begin. After its completion, you need to invite a commission to sign the Acceptance Certificate and then make changes to the BTI documents.

Apartment redevelopment options

Redevelopment of an apartment (changing the purpose of premises) involves a number of restrictions:

  • moving a bathroom or bathtub is allowed only for apartments on the first floors or if there are non-residential premises underneath them;
  • expanding the kitchen to include a bathroom or toilet is only permissible for apartments on the top floors of the building;
  • moving the kitchen requires the installation of a separate ventilation duct and natural lighting;
  • combining a kitchen with a room like a studio is possible only in the absence of a gas stove;
  • installing a bathroom with access to the bedroom is acceptable, unless the bedroom is the only room;
  • converting a loggia into a living space is possible, but it is prohibited to move a central heating radiator to a balcony or loggia.

Reorganization in a short time

The success of approval depends on a technically competent project and professional legal support. In practice, there are many cases where design solutions help to comply with legal norms and obtain permission for repairs.

Services for repurposing ordered from our company are a guarantee of successful repurposing of the premises. Within 1–2 months we will complete the legalization of the layout. The cost of the service is disproportionately less than the cost of time, effort and nerves that the customer will spend upon independent approval. To order our services, fill out an application on the website or call.

A non-residential building is a building that is not intended for human habitation. Although the legislation of the Russian Federation does not contain the concept of this object, it establishes the main features by which it can be identified.

So, according to Art. 15 Residential Complex of the Russian Federation The following are typical for non-residential premises:

What is this “free-use premises”? This concept is used in commercial slang. You will not find it in any law or in any official document. It appears very often in advertisements. It refers to small buildings or parts thereof that are not intended for habitation. Their goal is to equip a cafe, or a store, or an office, or a warehouse, and so on.

Important! The main thing is that the registration documents include a note that the premises belong to the non-residential property.

With this status, the advertiser wants to convey to potential clients that the purpose of the premises is not defined, and therefore the latter have greater freedom in its use. There are plenty of options for using a free space. However, they should not be considered universal.

Once it reaches a specific goal, a lot of nuances will emerge that require redevelopment, additional approvals, and re-issuance of documents.

What is a change in target operation?

Non-residential premises are intended for social, commercial, administrative, cultural, educational and other purposes. The main taboo is the ban on living in it.

Thus, based on the requirements of current legislation, accommodation is not intended use.

There is another type of misuse. These are cases when the owner of the leased property indicates the intended use in the agreement.

If, according to the contract, the tenant took the buildings for a warehouse and set up a beauty salon there, then this operation will also be qualified as not for its intended purpose. There is no specific article that would establish the limit and responsibility for its use for other purposes, either in the Criminal Code of the Russian Federation or in the Code of Administrative Offenses of the Russian Federation. The only obstacle to misuse is the specific requirements for each type of non-residential building.

These requirements are detailed in GOSTs and Codes of Practice. For example, “Ventilation in non-residential buildings. Technical requirements for building ventilation and air conditioning systems”, “Residential and public buildings. Indoor microclimate parameters"; “Buildings and premises of medical organizations. Design Rules"; “Fire protection systems. Ensuring the fire resistance of protected objects.”

Concepts of direct and functional use The intended purpose is a mark in the registration documents of non-residential premises, characterizing its status.

The intended purpose directly indicates how a specific non-residential area can be used.

Important! Thus, in the design documents of buildings, a note can be made that specific premises should be equipped and used as pharmacies, shops, hairdressers, offices, dental offices, etc. At the same time, they must be equipped in accordance with all sanitary and fire safety standards.

The functional purpose is inherent in the technical characteristics of the room itself and its change is of a different nature. If the intended purpose can be nominally established in the documents, then the functional purpose is dictated by the location of the object, its decoration, its area, etc., and therefore changing the purpose of such a room is more labor-intensive. This can be explained with an example like this. Premises are rented for the purpose specified by the owner - a cafe. Moreover, among them there should be rooms with a functional purpose - a kitchen.

In this case, the kitchen must comply with all legal requirements. For example, be equipped with appropriate ventilation and finished with suitable tiles. The use of non-residential premises has a wide range. From pharmacies and shops to gyms and medical facilities. Therefore, the requirements for the arrangement of premises vary for each type of use. Thus, you can change the functional purpose, the only question is how to do this with less loss of money and effort.

Algorithm: how can I change it?

If it happens that the room is ideal, but its purpose does not meet your goals, there is no need to give up. Everything can be changed.

Remember! According to current legislation, only the owner and his authorized representative have the right to change the purpose of non-residential premises. This operation is not performed orally.

To change the assignment, you need the following.

  1. Obtain a technical report on the condition of the load-bearing walls. It is issued by BTI.
  2. Order a new project according to the planned redevelopment. It must be ordered from an accredited company. Otherwise there will be problems later.
  3. The resulting project must be agreed upon with all utilities and other services (energy supply organization, water utility, gas supply company, SES, Ministry of Emergency Situations, etc.).
  4. With the collected package of approvals, submit an application to the interdepartmental commission under the city executive committee.
  5. After the commission approves your documents, you can begin work. Construction work must be carried out strictly in accordance with the project.
  6. Invite a BTI employee to issue a technical passport, in accordance with the new changes.
  7. Apply to the cadastral chamber to replace your passport.
  8. Next is the road to the Unified State Register. An application, an old certificate of ownership, a new cadastral and technical passport, all this must be submitted to obtain a new certificate.

  • However, despite some gaps in the legislation, namely the lack of the concept of non-residential premises, it is important to conduct business legally. The profile of the room should match your ideas. Moreover, changing the purpose of the premises is more than possible.

Our company’s specialists will help you quickly change the functional purpose of non-residential premises to suit the customer’s requirements.

Non-residential premises have characteristics enshrined in legislation. It must be a property, isolated and uninhabitable. In this case, the registration documentation must indicate that the premises belong to the non-residential stock. It is intended for trade, social purposes, administration or education, as well as cultural events. However, direct residence here is prohibited.

When it is necessary to use, for example, a warehouse as a beauty salon, the functional purpose of the non-residential premises will have to be changed. The land lawyers of our company will help you with this. We will organize preliminary approvals, collect a package of documentation, submit an application to the authorized bodies and achieve a positive decision. If you have already been refused to change your appointment, we will appeal it through the court. If you apply for a change of appointment on your own, the time frame doubles, as does the risk of a negative decision.

The procedure for changing the functional purpose of a room

Much of this process will depend on whether the applicant is an owner or a tenant. His authorized representative can act on behalf of the owner. In order to change the functional purpose of a room, you will have to go through eight stages of the procedure.

  1. It is necessary to obtain a technical opinion on the condition of the building and load-bearing walls of a particular room. They contact the BTI for it.
  2. You will also need a project that describes the features of the redevelopment and all the details of the work. This document is ordered from a specialized organization that has accreditation.
  3. When the project is ready, it must be sent for approval to the relevant services: utility and energy supply organization, water utility, Ministry of Emergency Situations, sanitary and epidemiological station and others.
  4. Changing the functional purpose of non-residential premises is impossible without contacting the interdepartmental commission. A package of documentation and a well-executed application are submitted here.
  5. When representatives of the commission have approved the submitted documents, immediate redevelopment is carried out. The work is carried out in strict accordance with the approved project.
  6. Then a BTI representative should be invited to the site, who will check everything and issue a technical passport, taking into account the changes made.
  7. To replace the premises passport, you must apply to the cadastral chamber.
  8. At the final stage, you need to obtain a new certificate of ownership. For this purpose, another application is being prepared, cadastral and technical passports and an old certificate are attached to it. The appeal is sent to the unified register of rights.

When all registration actions are completed and the applicant has received the documents, the functional purpose of the non-residential premises can be considered changed.

Features of changing the type of functional purpose of premises

The intended purpose of the premises reflects its status, indicating in what ways the exploitation of a certain area is allowed. In the design documentation of the building, a note is made that the premises can be used as a pharmacy, store, office or dentistry, etc. When equipping it, it is necessary to comply with fire and sanitary standards.

Functional purpose creates additional restrictions. Therefore, using the premises for other purposes is contrary to the law. When changing the purpose, it is necessary to take into account the location of the property, its area and other parameters. The interior decoration of the premises must also comply with the provisions of the law. Otherwise, the redevelopment simply will not be approved, and approval of changes will be refused.

Non-residential premises have a wide range of uses. Therefore, it is necessary to prepare the project with special care, follow the procedure for its approval and subsequently follow the provisions of this document. Our company's land lawyers know everything and a little more about changing the intended use. We will help organize the procedure, or we will go through all its stages ourselves by proxy.

Let's change the purpose of your premises

Classifier of types of permitted use in Moscow -.

Change of permitted use of land plots - .

This article was copied from https://www.site


UDC 347.254

P.V. MAKEEV,
Postgraduate student of the Department of Civil Law and Process of the Samara Humanitarian Academy

The article discusses the legal consequences of changes in the legal regime of residential and non-residential premises in connection with the transfer of residential (non-residential) premises to non-residential (residential) and the recognition of residential premises as unfit for habitation. A detailed analysis of the relevant norms of the Civil and Housing Codes of the Russian Federation, as well as the points of view of various legal scholars on the problem under consideration, is carried out. The author comes to the conclusion that a change in the legal regime of residential and non-residential premises in these cases entails a change in property and termination of obligatory legal relations.

In article legal consequences of change of a legal regime of an inhabited and uninhabited premise in connection with transfer of an inhabited (uninhabited) premise in uninhabited (inhabited) and premises recognition unsuitable for residing are considered. The detailed analysis of corresponding norms of Civil and Housing codes of the Russian Federation, approaches of various scientists-lawyers on which basis the author comes to a conclusion that change of a legal regime of an inhabited and uninhabited premise in the specified cases attracts change real and the termination of obligations relations is carried out.

The legal consequences of changes in the legal regime of residential and non-residential premises should be associated with changes in the limits of the exercise of ownership of residential (non-residential) premises established by legal norms. These legal consequences are determined by the properties of the premises. As V.I. correctly notes. Senchishchev, the consequences under consideration are the establishment, change or termination of the rights and obligations of the subjects of legal relations.
Speaking about the consequences of changes in the legal regime of residential and non-residential premises in connection with the transfer of residential (non-residential) premises to non-residential (residential) and the recognition of residential premises as unfit for habitation, one cannot help but touch upon the question of what happens in such cases with the right of subjects of property legal relations, i.e., with the right of ownership of residential and non-residential premises: does it arise, cease, or remain unchanged?
Until July 30, 2006, in judicial practice, a change in the intended purpose of a premises when transferring residential premises to non-residential premises was associated with the formation of a new property and, accordingly, registration of the emergence of ownership of such an object was required.
With amendments to paragraph 4 of Art. 18 of Federal Law No. 122-FZ of July 21, 1997 “On state registration of rights to real estate and transactions with it” (hereinafter referred to as Federal Law No. 122-FZ) of June 30, 2006, as well as of November 22, 2006 - in paragraph 67 Rules for maintaining the Unified State Register of Rights to Real Estate and transactions with it, approved by Decree of the Government of the Russian Federation of February 18, 1998 No. 219 (hereinafter referred to as the Rules for maintaining the Unified State Register), the situation has changed.
According to paragraph 4 of Art. 18 of Federal Law No. 122-FZ, updated data on a real estate object are entered into the Unified State Register without re-registration on the basis of an application from the copyright holder of such a real estate object and a plan of such a real estate object or on the basis of information provided by the relevant organization (body) for recording real estate objects. In accordance with clause 67 of the Rules for maintaining the Unified State Register, a change in the purpose of an object (for example, when transferring residential premises to non-residential premises) does not entail a significant change in the object, termination or transfer of ownership of it. As follows from clause 30 of the Rules for maintaining the Unified State Register, a change in the purpose of residential premises is only the basis for making changes to the Unified State Register, namely in subsection I, containing a brief description of the real estate property, including information about its purpose.
Considering that when the purpose of a residential (non-residential) premises changes, a new property does not arise, it is quite obvious that registration of the termination and emergence of ownership of the residential (non-residential) premises is not required. In addition, the literature also rightly notes that “the right of ownership does not terminate upon transfer, because the transfer of premises to another category is not provided as a basis for termination of ownership by either civil or housing legislation. ...translation is not specified in the law as a basis for the emergence of ownership of residential premises. Such a basis also cannot be a decision on transfer or an act of the acceptance committee (Article 23 of the Housing Code of the Russian Federation), since these acts can only be the basis for using the premises as residential, but not for the emergence of full ownership rights.”
At the same time, it is important, in our opinion, to note that when transferring residential (non-residential) premises to non-residential (residential), as a rule, reconstruction, redevelopment and redevelopment work is carried out. Moreover, if a change in residential (non-residential) premises in connection with reconstruction or redevelopment (rearrangement) does not change the external boundaries of the residential (non-residential) premises, then, according to clause 67 of the Rules for maintaining the Unified State Register of Real Estate, a significant change in the object, i.e., the creation of a new object, does not occur , accordingly, the right of ownership to it does not cease. Otherwise, that is, if reconstruction, redevelopment (rearrangement) entail a change in the external boundaries when transferring residential (non-residential) premises to non-residential (residential), then according to clause 67 of the Rules for maintaining the Unified State Register, a significant change in the object takes place, namely destruction of an existing object (accordingly, termination of ownership of it (clause 1 of Article 235 of the Civil Code of the Russian Federation)) and the creation of a new object of law, which necessitates the need to register the termination and emergence of ownership of such an object (clause 1 of Article 131, Article 219 Civil Code of the Russian Federation).
Thus, a change in the general legal regime of residential and non-residential premises in connection with the transfer of residential (non-residential) premises to non-residential (residential) and its special case - the recognition of residential premises as unsuitable for habitation, does not entail either the termination or the emergence of ownership rights to residential (non-residential) ) premises, only the characteristics of the object change (purpose: residential, non-residential) in the property legal relationship, with the exception of cases when reconstruction, redevelopment (rearrangement) when transferring residential (non-residential) premises to non-residential (residential) changes the external boundaries of such premises.
In the literature, in our opinion, it is rightly noted that the transfer of premises to a different category does not also affect the share in the right of common ownership of the property of the building’s infrastructure. Moreover, it is indicated that the rule on maintaining a share in the right of common shared ownership of infrastructure property when changing the purpose of the premises will also apply in cases where there is not one, but several owners of apartments (later - non-residential premises) in a multi-apartment residential building (later - non-residential building).
Indeed, according to Part 1 of Art. 36 of the Housing Code of the Russian Federation, the owners of premises in an apartment building own, by the right of common shared ownership, the common property in such a building. At the same time, based on the wording of Part 1 of Art. 36 of the Housing Code of the Russian Federation, it is obvious that the owners of non-residential premises in an apartment building, including those transferred from residential premises, also have a share in the right of common ownership of the common property in the apartment building.
In our opinion, this conclusion is valid not only in relation to the situation when non-residential premises, transferred from residential ones, are located in an apartment building, but also when all residential premises in a given building are transferred to the non-residential category. In this case, the legal regime of an apartment building changes to the legal regime of a non-residential building with non-residential premises. Despite the fact that at present the legal regime of common property in non-residential buildings is not regulated either by regulatory legal acts or judicial practice, we consider it quite fair that when transferring all residential premises in an apartment building to non-residential premises, the regime of common shared ownership of the common property of the owners of non-residential premises in a non-residential building is preserved, since the transfer of residential premises to another category is not provided for by either civil or housing legislation as a basis for termination of common shared ownership of common property in a former residential apartment building.
At the same time, it seems correct that when transferring at least two non-residential premises in a non-residential building into residential premises (apartments), the legal regime of the non-residential building changes to the legal regime of an apartment building, since this follows from the definition of an apartment building as a collection of two or more apartments with independent exits either on a land plot adjacent to a residential building, or in common areas in such a building (clause 6 of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition, approved by the Decree of the Government of the Russian Federation of January 28, 2006 No. 47). The consequences of such a change in the regime of a former non-residential building to the regime of an apartment building, as follows from Part 1 of Art. 36 of the Housing Code of the Russian Federation, is the establishment by force of law of common shared ownership of common property in an apartment building (former non-residential building).
It is important to note that, like the real-law consequences when transferring residential (non-residential) premises to non-residential (residential) premises and when declaring a residential premises unfit for habitation, the legal-of-obligations consequences for these cases also coincide, although they have some features.
According to Art. 22 of the Housing Code of the Russian Federation, one of the conditions for the transfer of residential (non-residential) premises to non-residential (residential) is the absence of encumbrances on the ownership of the transferred premises with the rights of any persons, i.e., before the transfer, existing contracts (social and commercial tenancy, rent, gratuitous use) must be terminated. Moreover, only in relation to a social tenancy agreement, the case when residential premises are subject to transfer to non-residential premises is provided as a basis for its termination (Articles 85 and 87 of the Housing Code of the Russian Federation). As, for example, V. Bykov notes, despite the fact that in Art. 83 of the Housing Code of the Russian Federation, the transfer of residential premises to non-residential premises is not named as a basis for termination of a social tenancy agreement; it is obvious that in this case there is termination of a social tenancy agreement at the initiative of the landlord, since the specified article of the code does not contain an exhaustive list of grounds for termination of a social tenancy agreement.
For other types of contracts, it seems correct to use general (Chapter 29 of the Civil Code of the Russian Federation) and special (Articles 619, 620, 687, 688 of the Civil Code of the Russian Federation, etc.) rules on termination of contracts.
In contrast to the transfer of residential premises to non-residential premises, recognizing it as unfit for habitation is the basis for terminating not only a social tenancy agreement (Articles 85 and 87 of the RF Housing Code), but also a commercial tenancy agreement (clause 3 of Article 687 of the Civil Code of the Russian Federation), a lease agreement ( Art. 620 of the Civil Code of the Russian Federation), agreements for free use (clause 2 of Art. 698 of the Civil Code of the Russian Federation).
The consequence of termination of a social tenancy agreement for residential premises in connection with its transfer to non-residential or in connection with its recognition as unfit for habitation is the eviction of citizens from these premises with the provision of other comfortable residential premises under social tenancy agreements, in the event of termination of a commercial tenancy agreement, the agreement gratuitous use, citizens are subject to eviction without the provision of other residential premises.
In our opinion, the peculiarities of accepting the owner of a residential premises transferred to non-residential premises and members of his family for registration as those in need of residential premises deserve special attention.
In the case of transfer of residential premises to non-residential premises, low-income people and other categories of citizens living in such premises, determined by federal law, a decree of the President of the Russian Federation or the law of a constituent entity of the Russian Federation (veterans, disabled people, etc.), who are not tenants of residential premises under social tenancy agreements (family members tenant of residential premises under a social tenancy agreement) or owners of residential premises (family members of the owner of residential premises), can be registered as those in need of residential premises no earlier than 5 years from the date of transfer, since the transfer, in our opinion, should be qualified as a deliberate deterioration by citizens of their living conditions, which, according to Art. 53 of the RF Housing Code entails the possibility of registration no earlier than 5 years from the date of commission of the specified intentional action.
In contrast to transfer, when a residential premises is recognized as unsuitable for habitation, low-income people and other categories of citizens, defined by federal law, a decree of the President of the Russian Federation or the law of a constituent entity of the Russian Federation, living in such premises are recognized as needing residential premises provided under social tenancy agreements, and are accepted registered as such (Article 49, clause 3, part 1, article 51, article 52 of the Housing Code of the Russian Federation). In this case, residential premises under social tenancy agreements are provided to citizens out of turn (clause 1, part 2, article 57 of the Housing Code of the Russian Federation). Moreover, if the only residential premises of citizens are recognized as unsuitable for living as a result of emergency circumstances, then before they are provided with residential premises of the state or municipal housing stock under social tenancy agreements, they are provided with residential premises of the flexible fund (Articles 95 and 106 of the Housing Code of the Russian Federation).
Therefore, we can conclude that a change in the legal regime of residential and non-residential premises in connection with the transfer of residential (non-residential) premises to non-residential (residential) and the recognition of residential premises as unfit for habitation entails:
- a change in the property legal relationship in the form of a change in the characteristics of the object (purpose of the premises: residential, non-residential), with the exception of cases related to changes in the external boundaries of such an object;
- termination of obligatory legal relations by terminating existing contracts.

Bibliography
1 See: Senchishchev V.I. Object of civil legal relationship. General concept // Current issues of civil law: Sat. Art. Vol. 1. - M., 1999. P. 145.
2 See: Resolution of the Federal Antimonopoly Service of the Ural District dated March 1, 2004 No. Ф09-395/04ГК // ATP “GarantMaximum”. As the court of first instance noted, guided by paragraph 6 of Art. 12 of Federal Law No. 122-FZ, clause 30 of the Rules for maintaining the Unified State Register, a change in the intended purpose of the premises, which is one of the essential characteristics of a real estate property, is subject to reflection in the Unified State Register of Rights due to the formation of new real estate objects.
3 Lapach V.A. Changing the purpose of the premises: some legal issues // Law. 2006. No. 8. P. 23.
4 See also about this: Kindeeva E., Piskunova M. Characteristics of real estate during state registration // State registration of rights to real estate. - M., 2005. P. 140-141.
5 It is this characteristic that changes the limit on the exercise of ownership rights to residential (non-residential) premises.
6 See: Karnakov Ya.V. Legal regime of property constituting the general infrastructure in a non-residential building // Law. 2007. No. 10. P. 140-141.
7See, for example, Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 10, 2002 No. 3673/02, according to which the court considered it impossible to extend to non-residential premises in a non-residential building the elements of the legal regime provided for by the Civil Code of the Russian Federation for residential premises, namely the provisions that apartment owners in an apartment building, the common property in the apartment building belongs by right of common shared ownership // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2002. No. 12.
8 See: V. Bykov. Eviction as a consequence of termination of a social tenancy agreement // Housing Law. 2007. No. 11.
pp. 63-64.
9 See: Federal Law of January 12, 1995 No. 5-FZ “On Veterans”; Federal Law of November 24, 1995 No. 181-FZ “On social protection of disabled people in the Russian Federation”, etc.

However, there are a number of signs by which such real estate can be identified.

Signs of a non-residential property:

Read more about the differences between residential and non-residential premises.

Intended use of real estate not intended for residential use

Information about the purpose of the premises is entered into the database at the time of cadastral registration(according to clause 16, chapter 2 of Law 221-FZ of July 24, 2007). Non-residential premises have their intended purpose - the type of activity for which the object is intended. The purposes of using non-residential premises are distinguished as follows:

  • office;
  • trading;
  • sports;
  • municipal and household;
  • educational;
  • medical;
  • catering establishments;
  • warehouse;
  • free appointment, etc.

Real estate objects not intended for residential purposes are subject to another one - according to their functional purpose. For this purpose, technical characteristics and design features are taken into account. In this aspect, the premises are:

  • technical;
  • auxiliary;
  • communication;
  • basic;
  • serving.

Basic division of objects

The concept of purpose of non-residential premises is not legally defined. According to the order of the Ministry of Economic Development of the Russian Federation No. 943 dated December 16, 2015. The procedure for maintaining the Unified State Register was approved. Block 3.5, clause 36, subclause 3 of the document states that, according to their purpose, premises are divided into residential and non-residential.

Moreover, the first ones are intended exclusively for one purpose - residence of citizens. The latter are classified according to their intended purpose in accordance with the type of permitted use in the Unified State Register of Real Estate.

Important: A clear definition of the intended purpose may limit the options for using a non-residential property. This may be due to different standards of sanitary, fire safety and other requirements.

Responsibility for improper use

Use of non-residential premises for other purposes entails administrative liability. In order to avoid disputes and litigation, it is necessary to harmonize the documentary and actual purposes of real estate.

Another significant point is that non-residential premises are not intended for living. In the Housing Code of the Russian Federation in Art. 15 contains comprehensive requirements for residential premises. If at least one condition is not met, you cannot live in the building or part of it.

The legislation of the Russian Federation does not include direct liability for, but there is liability for violation of sanitary and epidemiological standards (in terms of area, noise level, layout, lighting, etc.).

The punishment for such an offense is a fine in the amount of 500 to 1000 rubles. for citizens, from 1000 to 2000 rubles. for officials, in the same amount for individual entrepreneurs (or suspension of activities for a period of up to 90 days), from 10,000 to 20,000 rubles. or suspension of activities for up to 3 months for legal entities.

You will find more information about the rules for using non-residential premises in.

Classification of areas and their characteristics

Free - what is it?

In order to expand the possible areas of use of real estate, you can give it the status of non-residential premises for free use. Such facilities are operated by owners and tenants in various areas of activity, with the exception of specialized ones.

Important: non-residential premises for free use have wide functionality.

The intended purpose of real estate often becomes known at the time of design, but The best option for the owner is to create a universal structure. Such a building can be repurposed at the request of the tenant. Often non-residential premises for free purposes are used as shopping centers, offices, household or social enterprises.

Free-use premises, despite their multifunctionality, cannot be fully suitable for all areas of activity. Given the specifics of the institution’s work, in some cases additional documentary approvals will be required.

Residential

According to Law No. 218-FZ, Article 8, Part 5, Clauses 9, 10, 11, the Unified State Register includes additional information about the purpose of the building, premises, and its name. When registering for cadastral registration, only basic information about the property changes; regarding changes in purpose, you should be guided by the Housing Code of the Russian Federation (Chapter 4). Important, that changing the purpose of a room in a building does not entail a change in the building itself(for example, residential premises, non-residential building).

In this regard, authorized state bodies send information about changing the purpose of non-residential premises to the Unified State Register of Real Estate for inclusion of such information in the register (Law No. 218-FZ, Article 32, Part 1).

Read more about the classification of non-residential premises.

Instructions for changing a functional prescription

The owner of the property, as well as the tenant in agreement with the owner, can change the intended purpose, while There are two options for changing the purpose of non-residential premises:

  1. Conversion of the property into residential (in accordance with Chapter 3 of the Housing Code of the Russian Federation).
  2. Changing the type of activity.

The main stages of repurposing a room:

  • drafting;
  • its coordination with city services (city water utility, SES, Ministry of Emergency Situations, etc.);
  • preparing documents and submitting them to authorized government bodies;
  • carrying out work in accordance with the design documentation and putting the building into operation;
  • registration of a technical passport by a BTI representative;
  • obtaining a new cadastral passport;
  • contacting the registration authority to obtain a new certificate of ownership.

Where to contact

Whatever the direction of work, coordination with the State Fire Inspectorate will be required. To do this, you should contact your local fire inspection department. To confirm compliance with sanitary and epidemiological standards, you need to obtain permission from Rospotrebnadzor. BTI will prepare plans for the premises located below and above the facility.

The documentation, together with the owner’s application, is submitted to the District Prefecture. After making a positive decision, the owner applies to the Unified State Register, where a new registration of the premises is carried out.

If necessary, these issues are dealt with by local authorities, in large cities - by territorial administrations, in small cities - by district authorities.

Drawing up and approval of the project

Before contacting the design office, you should find out the condition of the load-bearing structures, floors, wiring, water supply system, and whether redevelopment is possible in this building. Having the necessary documentation and preliminary results, you can begin drawing up the project.

If necessary, additional sections may be included in the document:

  • Constructive decisions;
  • façade design;
  • heating, ventilation;
  • drainage and water supply, etc.

Drawing up a project is the most difficult and important stage. Coordination occurs in the following order:

  1. Housing inspection.
  2. Fire supervision.
  3. Sanitary and epidemiological supervision.
  4. Expert Bureau.
  5. Department of Architecture (if the façade of the building is affected).

Preparation of documents

To change the purpose of the premises you need to prepare the following documents::

  • statement;
  • title documentation;
  • technical plan (read about the difference between a technical plan and a technical passport);
  • explication;
  • redevelopment project;
  • certificates from the BTI on technical condition, inventory value;
  • certificate of absence of utility debts.

Getting permission

After submitting the documents, local authorities study the site and consider the possibility of repurposing within up to six days. If a positive decision is made, the applicant is issued a permit with an unlimited validity period. If any violations are identified, a period of 10 days is given to eliminate them, after which the application is reconsidered.

Financial costs

The main financial expenses are aimed at:

  1. Preparation of project documentation.
  2. Payment for Housing Inspectorate services.
  3. Covering the cost of construction work.
  4. Payment of state duty.

Costs will vary depending on region. So, in Moscow the approximate cost of the project will be 150 rubles. for 1 sq.m. premises. In remote regions, a finished document can cost 60,000-70,000 rubles.

The estimated price for services in Moscow and the region is:

  • preparation of a technical report – 25,000 rubles;
  • drafting – 130,000 rubles;
  • payment for BTI services – 60,000 rubles;
  • work of the architecture department - 30,000 rubles;
  • making changes to documents – 45,000 rubles.

Deadlines

As usual, it takes 1-2 days to prepare a technical report. Depending on the complexity of the project, preparation takes from several days to two months.

On average, it takes from 10 to 30 days to prepare BTI certificates and call a specialist. Working with an architect takes up to two weeks, and making changes to the documentation takes no more than 30 days.

Making changes to the cadastral plan

Changes to the cadastral documentation are made on the basis of a technical plan with a drawing and description of the main parameters of the object. This procedure can take from three to eighteen days, depending on the complexity and scale of the changes. The result is a completed cadastral passport with an updated layout of the property.

Non-residential premises have their own purpose, in accordance with which they are used. If the owner or tenant decides to change the type of activity, it is necessary to bring the premises into compliance with the new standards and requirements. To achieve this, its purpose is changing. The procedure is labor-intensive and costly, requiring certain knowledge and an algorithm of actions.

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