Real estate may carry the status of residential or non-residential. Non-residential fund - these are separate premises not intended for living.
In order to understand what a room is classified in this category, you need to consider its legal definition. It is contained in Federal Law No. 122, in accordance with which the building is recognized as a part of buildings and structures. In addition, the building may consist of one room. There are also extensions to structures that have their own economic significance.
Characteristics of non-residential premises
The main characteristic is the lack of the possibility of living in it; it will not be possible to register in such a room on a permanent or temporary basis. Do not confuse the common property of residential buildings: flights of stairs, basements and attics, with non-residential buildings. The latter is characterized by a valid allotment in kind, as well as by the fact that a property right is registered for such an object. Allocation in kind means the assignment in the SCN of its own number and address.
Reason for popularity
Non-residential premises are in great commercial demand. Often, entrepreneurs buy apartments on the ground floor in order to transfer them to a non-residential fund. Such measures allow you to organize a hairdresser, shop or workshop in a busy area with guaranteed high traffic without resorting to the construction of a separate structure.
Appointment
Almost any business can be run in a non-residential fund apartment. The only exceptions are activities that violate the fire safety requirements and standards of the Sanitary and Epidemiological Station. It is forbidden to organize industrial production in a residential building.
It is important to note that the conduct of their activities by individual entrepreneurs is possible without changing the status of the premises. This is permissible in the absence of discomfort or infringement of the rights of neighbors, as well as if citizens who carry out activities live or are registered in the apartment. It is also important that the premises are not recognized as dilapidated or have emergency status. The exception is hotels, apartments and hostels, the organization of which the premises remains part of the housing stock.
If the status of an apartment located on the second floor is being changed, it is necessary that the premises on the lower floor are also non-residential.
Features of the transfer of residential to non-residential premises
Translation, like any administrative procedure, is declarative in nature. You need to contact the multifunctional center, to have:
- Application for transfer.
- Proof of title to the property.
- Technical floor plan.
- Redevelopment project, if necessary.
- Floor plan of the house (if the apartment is being transferred).
The application is written in free form. The MFC will offer the client a letterhead with certain fields to fill out.
In which case will a redevelopment project be needed?
The redevelopment of the room is its structural change, which is characterized by a change in its dimensions. According to the project, the technical parameters of the room can change: the integration of several rooms into one, the change in their area. It is possible to change the quality parameters: covering the room with sound, heat or waterproofing materials, installing or replacing internal arches. The project of redevelopment of non-residential premises in the housing stock includes information on the replacement or transfer of utilities: sanitary units, electricity wiring, radiators and batteries.
Separate Entry Requirement
The presence of a separate entrance is a mandatory requirement when transferring an apartment to a non-residential fund. In addition, if the total area of the premises is greater than or equal to 100 square meters. m., then the requirement for the equipment of another exit is included in the redevelopment project.
Permission to arrange a separate entrance is issued by the local administration. Before submitting such an application, it is necessary to coordinate the redevelopment project with services such as SES, fire inspection. Specialists will check compliance with fire and building standards and put a mark on approval in the relevant part of the project.
The local administration must provide:
- Application for issuing permission to arrange a separate entrance.
- Certificate of ownership.
- Technical floor plan.
- The project of redevelopment of the premises with the approval of the fire inspection and SES.
- Minutes of the general meeting of residents of the house with a positive decision reflected in it.
The architecture department of the administration considers the documents received and, within the time period established by local regulations (which is usually 30 days), gives the applicant consent to a separate entrance or a reasoned refusal.
In case of refusal, the applicant has the right to correct the comments and apply again with a similar statement. In the case of positive approval, he carries out construction and installation works and applies to the administration for an act on the redevelopment. The act is drawn up with the participation of representatives of the Municipal Property Management Committee, architecture, the construction department and the housing and communal services committee.
After receiving the act of redevelopment, you need to contact the BTI or another specialized organization for making changes to the technical plan, then make changes to the State Property Committee and change the information in the certificate of ownership.
Is it necessary to coordinate the transfer of the apartment with the neighbors?
There is no reason in the law for refusing to transfer residential premises to non-residential premises on the basis of disagreement of neighbors. However, if the redevelopment project touches on the common property of the owners of the apartment building, for example, part of the flight of stairs or the land on which the house is located, such consent will still be required.
Before applying for a transfer, it is advisable to organize a general meeting of apartment owners in a residential building. During the meeting, you must be prepared to work with objections. A possible reason for the dissatisfaction of neighbors may be a decrease in the market value of their apartments in case of sale - few people will like the neighborhood with the store. In case of leakage of water pipes, the damage caused to the legal entity will be much higher - and this is also important.
The redevelopment of the apartment into the office is accompanied by noise and construction dust. The load on utilities will also increase, and as a rule, apartment buildings have a large percentage of physical depreciation. It is difficult to transfer the non-residential fund back to residential, this is rarely seen in practice.
At the general meeting of the owners of the house, residents have the right to put forward a number of conditions, the mandatory fulfillment of which they give their consent to the transfer. Accordingly, these conditions must be reflected in the protocol and subsequently met, otherwise tenants have the right to apply to the State Housing Inspectorate or to the court for the protection of their rights.
If more than 50% of the citizens attended the meeting of residents and they agreed to repair the premises, this protocol has legal force and confirms the coordination of the amendments with the owners of the premises in the residential building.
Translation cannot be left residential
It seems to many that buying an apartment, assigning it the status of non-residential premises and leasing it, receiving a stable income, is an easy and not expensive way to make a profit. Is it really that simple?
Becoming the owner of the premises in an apartment building, you need to be prepared to share with the owners of apartments in this house all the responsibilities for managing a non-residential fund. For example, payment of utility bills, participation in meetings of owners with the right to vote on the maintenance of common property. At the same time, it may take time to find a tenant, and you will have to pay for utilities constantly. The cost of such services for owners of non-residential premises is several times higher. It is realistic to receive income from the rental of non-residential property. But finding a customer takes some time.
When investments in a non-residential fund do not bring the desired income
Over the past few years, many who wish to receive income from the rental of non-residential premises have burnt out due to the fact that they set a high cost for places with low traffic. In addition, shopping and office centers that appeared in abundance are much more attractive to tenants. In them, due to the developed infrastructure, the availability of cafes and children's rooms, the entrepreneur is ensured patency.
Many people think that non-residential premises are attractive for the network business, but grocery chains are interested in large areas with a separate exit, equipped with ramps and parking lots for trucks. This option of using a non-residential fund for small rooms is not suitable.
Before changing the status of the purchased apartment, you should consider all the opportunities and risks.
Profit from the use of non-residential fund in residential buildings directly depends on the area in which it is located.
Transport accessibility matters, shops and offices are most in demand, past which pedestrians go to the metro station or bus stop. In remote areas, investing in these kinds of objects does not always pay off. For example, in new buildings, where the first floors are reserved for non-residential premises, and the transfer of premises to non-residential premises is not needed, in half the cases remain unclaimed.