Residential premises located on the first floors of multi-apartment buildings are often bought by large companies, which then re-plan and use these apartments for entrepreneurial activity. To do this, you should understand the procedure for transferring residential premises to non-residential premises. The process is performed only when certain essential requirements and rules are taken into account. Additionally, you will have to obtain permits for the procedure from various government agencies.
What status can objects have?
Any room can be residential, non-residential or general. If it is located in an apartment building, then it must be represented by an isolated room with an entrance to the street, as well as access to common areas.
Common places are territories that are usually not isolated, so any tenant of the house can access them. They are used for the installation of utilities or the installation of other equipment.
The concept of non-residential premises
Non-residential premises cannot be used for permanent or temporary residence of people. They are used for doing business, storing various goods or items, as well as for other similar purposes.
Conversion of non-residential premises to residential and vice versa is allowed. For this, the owner of this object must take into account some specific rules and conditions.
Process requirements
The procedure for transferring residential premises to non-residential premises is considered understandable and simple, but some requirements must be met. They are environmental, urban, fire, sanitary and hygienic. It is important that everyone is safe in the room. Before submitting documents, it is necessary to carry out redevelopment and repair work in the room.
The main criteria that a non-residential premises must meet include:
- if it is part of an apartment building, then it is allowed to place it exclusively on the ground floor;
- the room must have a separate cadastral number;
- the property must be isolated from other parts of the apartment building, therefore, it must have a ceiling and walls, a floor and access to various engineering communication systems;
- requires a separate entrance from the street;
- the owner of such a premises can use all the common property of the house, as well as the adjoining territory;
- the owner is obliged to pay bills for the maintenance of the building.
Therefore, before a direct translation, you will have to spend a certain amount of time and money to prepare the room.
Translation Terms
The transfer of a residential building into a non-residential premises should be subject to the following conditions:
- the initiator of this process can only be a full owner;
- it is not allowed to carry out the procedure if there is any encumbrance recorded in the USRN on the premises;
- the area of the facility must comply with the standards for commercial real estate, and also have to pre-redevelop and reconstruct;
- all elements located in the facility must meet different fire and engineering safety requirements;
- the room must have different communication systems in working condition;
- the object should be located in the residential part of the apartment building, therefore it is not allowed to engage in entrepreneurial activity in the basement or basement;
- Illumination should be within normal limits.
Only when the above conditions and requirements are taken into account, permission to change the characteristics and purpose of the object can be obtained.
What are the limitations?
The conditions for the transfer of residential to non-residential premises are considered specific, and property owners also have to face some restrictions. They are as follows:
- if the owner or other persons live in the apartment on a permanent or temporary basis, you will have to check out of real estate, as registration in a commercial property is not allowed;
- the transfer requires the consent of all property owners, so if there is no consent of even one citizen, then the process will not work;
- permission to conduct the process will not be issued if, as a result, the premises are used by different religious organizations;
- the transfer of housing into a non-residential premises in a building that is social will not work;
- if it is revealed that there is any encumbrance on the premises, the transfer will be refused.
It is impossible to complete a translation for only one room in the apartment, therefore it is possible to make a non-residential premises only the entire apartment.
How to transfer a living space into a non-residential building?
The procedure involves the implementation of sequential steps. These include:
- a project and a sketch of the future redevelopment of real estate are being formed;
- if during the repair work, property that is common to the apartment building is affected in any way, then you will have to obtain permission from other apartment owners in the building, for which an extraordinary meeting of residents of the house is held;
- a project with other documentation is sent to the local administration department involved in urban planning in the city;
- then you need to wait for an answer, and if it is positive, then a special resolution is issued;
- if there is a negative answer, the applicant may receive a written document containing the reasons for such a decision;
- if the administration allowed the transfer, then reconstruction, re-planning and repair work in the room begins, for which the provisions of the project will certainly be taken into account;
- documents are drawn up for all changes made;
- a new cadastral passport is ordered containing information about all the changes;
- changes are registered in the Rosreestr, and usually the procedure takes about 10 days, as a result of which the living space becomes a non-residential object.
Efficiency of the implementation of this process depends on how quickly the owner can prepare the necessary documents.
Process rules
In order to comply with the correct procedure for the transfer of residential premises to non-residential premises, the following rules are taken into account:
- preliminary consultations should be obtained from employees of the fire inspection and Rospotrebnadzor to make sure that the process is possible
- if during operation any common building elements or capital objects are affected, then permission must be obtained from the owners of the apartments in the house;
- the redevelopment project should be drawn up only by specialized companies included in the corresponding SRO;
- Any changes to the facility must be authorized by representatives of the local administration, fire inspectorate and SES.
Only when these rules are taken into account, large fines for revealed violations can be avoided. Therefore, citizens often face various difficulties in converting a dwelling to a non-residential one. The procedure for carrying out this process must be strictly observed, otherwise fines will have to be paid and the premises should be returned to its previous state.
What documents are needed?
In order to receive an official decree on the transfer of residential premises to non-residential premises, it is necessary to initially not only re-plan, but also prepare numerous documents. Papers are transferred to the local administration, fire inspectorate, Rospotrebnadzor, SES and the Rosreestr branch.
The procedure for the transfer of residential premises to non-residential premises involves the preparation of the following documentation:
- application in the prescribed form;
- documents of title confirming that the direct owner of the property is contacting the institution;
- plan taken at BTI;
- data sheet;
- floor plan;
- competently formed redevelopment plan, which is compiled only by employees of specialized organizations;
- the minutes of the meeting of residents of the house, at which a positive decision is made regarding amendments;
- consent from all owners to the planned adjustments;
- conclusions and permits from SES, Rospotrebnadzor and fire inspection;
- technical report confirming that the house is not in emergency condition, therefore it is allowed to carry out reconstruction or redevelopment of the existing facility;
- extract from the house book proving that people are not registered in the object.
The above documentation is transmitted only to the department of urban planning and architecture of the local administration. If even one paper is not prepared, then permission will not be obtained to redevelop the residential premises into non-residential premises.
Which government agencies will have to apply?
Specific is the process of transferring residential premises to non-residential. The procedure for implementing the procedure consists in the need to contact various state institutions. These include:
- Department of Urban Development of the local administration, where a decision is made regarding the possibility of changing the status of real estate;
- the department of Rospotrebnadzor assesses whether the rights of other owners of apartments in the house will be violated as a result of the formation of a non-residential building on the ground floor;
- SES representatives are studying the sanitary condition of this property, since it is important that people in this room are not exposed to any negative influences;
- The fire department must make sure that the technical condition of the facility is suitable for commercial activities.
Since it is quite difficult to collect all the documents, many property owners turn to specialized organizations involved in mediation. They help to collect all the necessary documents and get permission for the planned translation.
Reasons for refusal
Redevelopment of non-residential premises in a residential building requires the preparation of various documents and coordination of the procedure with various state organizations. Even if all the requirements and conditions are met, there is a possibility of rejection. Typically, the reasons for the negative decision are the following situations:
- under the apartment there are living quarters;
- there is no opportunity to access the facility without using other premises;
- Consent to the process has not been obtained in advance from all property owners;
- reveals the presence of encumbrance on real estate;
- no exit to the street.
Some deficiencies can be corrected, for example, you can legally remove the burden or obtain consent from all owners. Only after this, you can continue the process of transferring the object to non-residential property.
Conclusion
Many owners of apartments located on the ground floor of an apartment building plan to use this facility for doing business. To do this, you need to understand what requirements and conditions are presented to the process of transferring an apartment to a non-residential object.
It is important to collect a lot of documents and get permission for the procedure from various government agencies. Usually the process takes about two months, but it can take a while to identify various complications.