Non-residential premises (buildings and structures, premises).

The legal definition of non-residential premises (as well as buildings and structures) is absent, therefore, the only variant of its formation is a systematic analysis of the norms of legislation. First of all, we emphasize that the non-residential premises is a premises not used for housing, that is, which is not a residential and not related to that. Residential premises as it follows from the Housing Code of the Russian Federation - intended for the residence of citizens (Part 1 of Article 17 of the LCD of the Russian Federation); Non-residential premises are premises used for production, economic activity etc.

According to the law "On state registration... ", the room (residential and non-residential) is" an object included in buildings and structures "(Part 2 of paragraph 6 of Article 12). Thus, the non-residential premises - is part of the building (facilities). Accordingly, non-residential premises, as an object of real estate, it is necessary to distinguish from the adjacent facility - buildings (structures). This point of view is confirmed by both practices. So, the Presidium of the Wheel of the Russian Federation in his newsletter of June 1, 2000. №53 stressed that the non-residential premises is the object of real estate, Excellent from the building or the structure in which it is but inextricably connected with it.

Thus, it is currently preventable disputes about whether non-residential premises are independent real estate objects whether they can be objects of transactions, including lease agreements.

In legal literature, a point of view was expressed that the concept of "non-residential premises" in the application to the lease agreement should include small premises (one and several rooms in a non-residential building or building, the first non-residential floor of a residential building, a semi-oiled, basement at home, etc. .), which can be used to organize a small office (office), workshop for the provision of services (metal repair, repair of clothing and shoes, dry cleaning, hairdresser, etc.), a small store, a transshipment of a warehouse and others. In our opinion, the specified criteria are not Verny because they do not take into account that the non-residential premises can be any in size and appointment (with the exception of those premises, which are related to the residential).

In our opinion, non-residential premises must be classified on those rooms that can act as objects of transactions, including rental, and those rooms that cannot be acting.

Agree to M. Piskunova offering classification of the design of the premises for: independent, auxiliary, technical. The specified purpose must be documented.

In our opinion, in order to avoid contradictions and excessive discussions about non-residential premises, changes and additions should be made to the specific civil legislation aimed at specifying the legal status of non-residential premises.

It seems appropriate recommendations developed by the Working Group formed by the Codification Council and the Improvement of Civil Law under the President of the Russian Federation. In particular, the following suggestions are rational:

First, Article 130 of the Civil Code of the Russian Federation, which contains general definition Real Estate ( real Estate), It is also given an exemplary list of real estate objects, it is proposed to add an indication, including non-residential premises. Thus, a point in a long dispute will be put on how the concepts of the "building" and "non-residential" room relate, in particular, whether the non-residential premises are purely technical part of the building or an independent object of real estate.

According to researchers, at the same time expressed in theory concerns about the fact that with the recognition of residential and non-residential premises with independent properties of real estate, "there are logically insoluble disputes about who is the" owner "of the common wall,: gender: either the ceiling: And what, in fact, constitutes the object of their ownership of the property ", in real disputes in practice are not poured.

Thus, it is necessary de Jure to recognize the premises in the building with independent properties. Such should be technical object, not legal. At the same time, it seems to be permissible to establish the presumption, according to which the ownership of the building will mean recognition of ownership of one person on all premises in the building.

We consider it necessary to parallel establishing a generic and species relationship between the concepts of objects not residential foundation (genus) and non-residential premises (view), as well as between the part (room) and the whole (building, structure).

Real estate, as a rule, shall be divided into residential and non-residential. The first includes the premises where people legally live: apartment buildings, hostels, private houses. The residential fund also includes hotels.

Non-residential property is most often used under commercial or social goals.

The need to transfer housing from one Foundation to another arises from many: entrepreneurs who bought housing in the house under the store or for re-equipment under the office.

If such a need arose and before you, you do not need to be lost. The ability to transfer apartments to another fund, is.

Why need translation

The translation of your dwelling from a housing stock in non-residential and, on the contrary, can be necessary for many reasons.

Most often, businessmen are converted to shops, pharmacies, restaurants and cafes, offices.

The status of residential premises is needed because only in it you can registerYes, and live too.

If you decide to translate real estate in a non-living, think if it is possible to avoid this process.

According to the Housing Code of Article 17, it is possible to engage in commercial activities on the living space in some cases, under which conditions will be observed:

Neighbors in the house and apartment will not suffer from your activities;
The house in which your accommodation is located does not belong to the Old Fund;
A potential entrepreneur is registered on the square where it plans to conduct business.

However, in most cases, the status of housing is still preferred to change, and there are posses in it.

The main benefit of the owner, who translates its apartment in a non-residential fund, is that it becomes more expensive at about 20% during the sale.

But here you can face with another difficulty: Can you then sell your already non-residential real estate? How much does an entrepreneur interest it? So, before you run for the profit, you need to calculate all the risks.

A minus for you will be lost here a lost time for issuing documents and search for customers.

While real estate will stand in anticipation of the buyer, you will have to make utility payments that are about two times higher for non-residential premises.. Put property tax, namely - 2.2% of residual value Premises every year.

That is why the transfers are already engaged in the Entrepreneurs themselves who bought housing.

How to change the status of the area

Translate an apartment to another fund and, on the contrary, it will not work like that.

A number of requirements are registered in the Housing Code. before. If the listed conditions are not fulfilled, you can not count on status changes.

In order for the apartment to become non-residential, you need to take into account:

If the area amounted to more than 100 square meters. meters, secure the second output to the street;
If the room in which you plan to carry out your activity is on the second floor or even higher, get ready for what you have to change the status of all apartments that are below. These square meters also should be non-residential according to the rules;
Provide everything engineering Communication;
Email from housing before starting the translation procedure, because In a non-residential room, no person can be registered both on the permanent and time conditions;
Leave all redevelopment.

Remember that non-residential cannot be the room, which is located in a building related to the objects of cultural heritage.

In addition, the right to change the status is only the owner.

It is impossible to make a non-residential area where you live on the terms of a contract of social hiring.

Not everything is so easily and translated into the residential foundation. It should also meet certain requirements:

The building in which there is a non-residential premises must have strong structures. It should also not be assigned to emergency fund or subject to reconstruction or demolition;
The room must be absolutely safe and equipped in a way in which future tenants will not be able to hurt or get injured. The same requirement concerns the adjacent territory;

Everything network engineering must be in order and suitable for use.

We are talking about heating networks, sewage, water supply and power supply. Safety requirements must also meet engineering communications that are in the house.

To think about the owner when translating a living area will have to be over the height of the ceilings, the concentration of harmful substances in the air, the number of floors of the building, sound insulation. All this must also comply with the standards.which were identified by the Housing Code.

In addition, during translation, no matter what fund, real estate should not be burdened: debts, loans, etc.

We live in Nezhil

After you have turned your apartment in a non-residential area, do not count on what you can live in it. Together with the change in the status of the right to accommodate is lost. Legislation does not provide for any exceptions: neither the owner nor his relatives, nor close to live in such a place can not.

You can't register and get a residence permit on this address on non-residential area.

Although, of course, it is impossible not to say that no one can be banned in your office or shop. Of course, control, it is possible how much you are in a non-residential room will not.

Such objects you have the right to rent or simply own them.

Where to go for the translation

Today, the procedure for submitting documents in many regions is simplified thanks to multifunctional centers that work on the principle of one window. In the same place you can file all the documents, in some cases - order references and get the appropriate document after all procedures are finished.

You need you:

Application application;
Documents that will confirm your right to possession;
Documents from BTI: Techplan, TEPPASPORT, Floor plan at home;
If some redevelopment is needed when changing status, you are also required to provide its project.

To learn about whether you can transfer your room to another fund or not, you must within 45 days. It is so much time is required to consider the application and check the documents provided.

After the decision is made, the authorized bodies have three days to notify you about their consent or refusal. The corresponding paper can be sent by mail or send to the multifunctional center.

Also notification can be sent to your email.

Remember the little things

Whatever plans you are built on the translation of your apartment, there are such nuances that will not allow you to implement them:

First of all, remember that only his owner is responsible for the use of the area. That is, if you decide to rent a square for rent, where the store appeared later, and at the same time did not make it a non-residential, to answer for it only to you.

All law enforcement regulations will be discharged to the name of the owner;

You have the right to not only use as a home address, but also as a legal.

In order to conduct business from home, it is not necessary to collect documents and translate the room to another fund. The main thing to comply with the rules mentioned above.

There is also its advantages about this: you can work while in your own apartment, and the law does not forbid you there and live there.

However, change the status of housing will still have if you plan to take mass visitors;

Be prepared for the fact that prices for utilities Roll up as soon as you follow the procedure for transferring a residential in non-residential. After all, tariffs for water disposal, water and power supply, heating for commercial premises is much higher.

The status of non-residential premises has a number of significant differences that concern not only its appointment of its use, but to the property, placement of the objects of the commercial sphere, the procedure for implementation. What norms of legislation defined legal status Such a real estate on which reasons are placed such premises in apartment buildings, the peculiarities of non-residential facilities will be discussed in this material.

Regulatory regulation of non-residential premises

Description of real estate funds contain the following normal acts:

Housing Code of the Russian Federation. The document does not have a direct indication of the status of this type of objects as commercial. However, the act contains the definition of residential premises, under which apartments are understood, at home and other isolated units suitable for permanent or temporary residence. Accordingly, the "non-residential" objects are considered in which it is impossible to implement. There is no accurate definition in law for such infrastructure facilities.
FZ №122 "On the registration of real estate rights and transactions with it." The specified law presents the exact characteristics of non-residential facilities - this room in the composition of buildings and structures, with a separate entrance, corresponding to sanitary standards, which is registered in the state register as part of a non-residential fund.
RF. It gives the concept of non-residential premises as a structure or structure located in any form of ownership - private, municipal or state, the appointment of which is temporary placement of people, storage material values For service or production purposes.

In addition to the premises, non-residential buildings are also highlighted. They are real estate objects that serve to accommodate production workshops, large companies With several departments. Them characteristic feature It is a ban on registration and residence of people both on a temporary and permanent basis.

The legislator gives the following features of the Fund non-residential real estate:

the presence of a separate entry with the exit to the street or in office premises;
the absence of registered on the square;
selection of an object as non-residential, highlighting it as a separate unit in the composition of the structural element in multi-storey building;
required a solid connection between the premises and land plotson which the building is located;
registration isolated square meters as non-residential when making relevant data to the Rosreestra base.

According to the requirements of Russian legislation, a clear separation of space for suitable for accommodation and intended for reference commercial activity Or to accommodate employees. Use the room for accommodation if the documents are set as non-residential, strictly prohibited. This may entail the involvement of responsible persons to administrative responsibility.

For the implementation of commercial activities, it is necessary to apply with the relevant statement and confirming the possession of the placement by documents to the Commissioners state bodies. When establishing a satisfactory technical condition, registration of a new status of a real estate unit in Rosreestre is required. Such actions are carried out only with the admissibility of the transfer of residential premises to the commercial fund.

It establishes the status of the area as a commercial or service, including the allocation of units from an apartment building, in the following requirements of the property owners:

Use solely for the purposes provided for by civil law - to accommodate shops, pharmacies, other infrastructure facilities.
The implementation of activities that does not contradict the norms of the current law does not violate the rights and legitimate interests of other citizens and companies, does not harm their property, both owners and tenants and tenants of property.
The content of objects in the normal sanitary condition, which does not create a threat to ambient And does not lead to pollution.
Maintain work subject to the rules fire safety.
Closing the premises after 23-00 in accordance with the requirements of silence and order.
Spend repair work In compliance with the rights and legitimate interests of residents according to the conditions specified in regional normal acts.
Install counters to control consumption and pay housing and communal services.
Take part in making decisions general meeting Owners apartment house, which contains non-residential premises, finance or implement its own improvement outdoor territorybelonging to non-residential premises.

Grounds for translating space for accommodation in non-commercial fund Listed in Article 22 of the Housing Code of the Russian Federation. These include the lack of claims on the area of \u200b\u200bthird parties, including citizens who have the right to inherit or obtaining property on other civil transactions, the extract of all tenants at the time of property registration. Such actions are possible only if the area is not included in the residential as a structural unit and is listed as capital, that is, it has a solid base in the form of a foundation, gender and walls, isolated output.

It is allowed to transfer premises into non-residential under conditions:

There is no insulated input if the area of \u200b\u200bthe real estate unit is more than 100 sq.m.
The building where the object is located, threatens the collapse, refers to emergency or dilapidation, if it is recognized as such on the basis of the decree of regional authorities.
The room must be located on the first floor of a residential apartment building, which meets the requirements of technical and sanitary safety.
It is possible to transfer only the entire insulated room as a whole, individual rooms, for example, in an apartment or communal housing, it is impossible.
There should be no burden on the object in the event of submission of documents for transfer to non-residential when concluding a contract of commercial hiring, arrest on the order of the court or other authorities, in a pledge or mortgage.

Find out someone owns non-residential premises, plot, house or garage in three steps:

Commercial premisesused by owners for conducting activities or official goals should be distinguished from the areas that relate to the places common use in apartment buildings. These include elevators, technical territories, cellars and attics, stairs, entrances, wheelchairs, economic units and other areas in respect of which such status is established on the basis of the decision of the owners of an apartment building or an object. dolly ownership, cooperative.

Such premises, if even they are created to function the entire building in common property, can not be drawn up as non-residential. It is prohibited to keep them as separate areas for commercial activities. Exclusive cases include the placement of services that are responsible for the maintenance and maintenance of the house - technical stations, lifter, the use for storing the working equipment for the repair of the house, cleaning of the house territory, etc. The placement of a non-residential object should not create obstacles to the use of communications equipment in the form of electricity meters , water supply, landscaping and cleaning the territory, other technical means.

Classification of non-residential premises

In practice, a division of areas for intended purpose is adopted. These include:

Medical - as part of polyclinic and dispensaries, ambulance stations and hospitals, outpatient centers. Enchanted on the right of operational management to accommodate state and municipal institutions, property - with private ownership of a company or citizens.
Entertainment - to accommodate cinemas, clubs, parks.
Municipal economy - for the supply of administrative units, gas, heat, water and electric traces.
Educational - for universities and schools, pre-school institutions created on a commercial or private basis.
Production - for the arrangement of warehouses, workshops, laboratories in various fields of industry, etc.

The legislation establishes a clear list of reasons for the qualifications of the property as non-residential. It is possible to transfer the fund used to accommodate citizens to a commercial or service, however, subject to a number of conditions prescribed in regulations.

All details about non-residential premises: Definition, signs, differences from residential real estate, types and objectives of use

With development market relations Such a concept as "non-residential premises", it became widely used in the performance of real estate transactions. However B. russian legislation There is no clear definition of this concept. In this regard, citizens arises many difficulties and questions.

This problem is especially concerned about the merchants who want to convert residential real estate for business purposes. Also this question often gets up to residents apartment houses, confusing common property with non-residential premises, when calculating utility payments. Unfortunately, the confusion in the concepts of residential and non-residential premises often leads to illegal operations with real estate and judicial disputes.

What is non-residential premises

As mentioned above, the concept of "residential real estate" is absent in the legislation of the Russian Federation. However, in the civil and housing code and, in particular, in the FZ of the Russian Federation No. 122 dated 07.21.1997, the signs of non-residential premises that meet the requirements and to the dwelling are determined: it should be a real estate and isolated object.

The boundaries of the object are the floor, ceiling and walls with mandatory entry.

In addition, the non-residential premises must be in the composition of the building, which determines its real estate and binding to the land plot.

It should also refer to a non-residential fund and can be located both in residential and non-residential buildings.

The main difference from the residential lies in the fact that it is not intended for permanent residence Citizens and can only be used for public, administrative, commercial and other purposes.

The tenants of apartment buildings sometimes confuse common property with non-residential premises. It should be known that the entrance, stairwells, an elevator, an attic and a basement belong to common areas.

Non-residential premises in apartment buildings are usually cafes, shops, offices and other objects that meet this status. These premises have owners and on them in obligatory The certificate of ownership is issued.

In ST 22, the LCD of the Russian Federation registered the conditions under which the residential premises can be translated into non-residential:

the room is provided with a separate entrance (its equipment from the window opening is allowed);
lack of registered persons indoors;
lack of rights to the premises of third parties;
the object is not part of the dwelling.

Such a situation threatens the very accommodation in the house, causes a large number of disputes and is allowed only in court.

Features of transactions related to non-residential premises

Apartments is the new kind Real estate, causing customers many questions. In order not to guess with the purchase, it is important to understand the features of such housing, its advantages and minuses

Drawing up a warehouse lease agreement, as well as any other non-residential premises, are regulated Civil Code. The conclusion of the contract has its subtleties that depend on the specifics of the specific warehouse And his destination

Transferring the premises from non-residential fund in the residential basis is strictly regulated by law. Special requirements are put forward to the owners and the premises, non-compliance with which can lead to refusal when submitting an application to the architectural department of the municipality

Coworking centers: something like they are organized in what features, dignity and disadvantages, what is the price of renting, metropolitan coworkins - these other issues are covered in the article

Types of non-residential premises and for what they are used

Non-residential premises are classified primarily by use. Belonging the object to any kind of appointment determines the implementation of the right to the room, affects civil law status and matters when calculating the rent.

On the use of commercial and administrative purposes, the following types of non-residential premises are distinguished.

Trade

Premises are used for retail and wholesale trade. Can be located in trade centers, administrative or residential buildings. For commercial premises There are no compulsory capital walls and the presence of individual communications (water, sewage and bathroom). If there are several outlets in the building, the build communications are considered common to all.

Administrative and administrative

Used under offices, located in business centers, administrative or residential buildings, shopping and entertainment complexes. The presence of communications in offices is not necessarily, but they must have capital walls. Offices owners can use common communications calculated for all rooms located in the building.

Universal

Used for various activities (offices, trade, beauty salons, medical services, catering, nightclubs, etc.).

As a rule, these are rooms with a separate entrance, capital walls, as well as its own communications. Can be located in shopping centers, business centers, shopping and entertainment complexes, residential and administrative buildings.

Storage

Used under warehouses for storing products, various products and other material values. Located in warehouse complexes or administrative buildings. Must have capital walls and a separate entrance.

The presence of communications in such a room is not necessary.

According to public purposes, the following non-residential premises are divided:

Medical - premises in ambulances, hospitals, medical centers, clinics, dispensaries, social adaptation centers, ambulance stations, etc.
Educational - are located in schools, universities and children's preschool institutions.
Municipal domestic - premises under atelier, dry cleaning, hairdressers, repair shops, enterprises of ritual services, etc.
Entertainment - halls of cinemas and theaters, clubs.
Objects of urban municipal economy - isolated indoor, heat, gas and power supply.
Premises catering - Isolated objects associated with the production of public catering products, as well as its implementation.
Creative - workshops of designers, sculptors, architects, artists, fashion designers, as well as exhibition halls.
Sports - premises in sports facilities.
Production - laboratories, workshops, cores and other non-residential facilities in various industries: chemical, petrochemical, fuel, metallurgical, energy, etc.
Other real estate (archives, financial organizations, agencies, garages, project organizations, Communication Department, Telegraph and Telephone Institutions).