Among the "classic" objects, either allocated by the Civil Code of the Russian Federation, one of the central places occupy buildings, as well as their integral parts. Unlike the objects listed above, neither the buildings are not natural objects to which the legislator has spread the legal regime. As objects nor the building (including part of the buildings) are inextricably linked with other real estate things - land plots, since they are the result of using the right to build land plots.
This right is provided for by Article 263 of the Civil Code of the Russian Federation. This article by the owner of the land plot was granted the right to build buildings and structures on it, to carry out their restructuring or demolition, allow the construction of other persons on its site. These rights are carried out, subject to the observance of urban planning and building standards and rules, as well as the requirements for the appointment of land plot (paragraph 2 of Article 260 of the Civil Code of the Russian Federation). Unless otherwise provided by law or contract, the owner of the land plot acquires the ownership of the building, construction and otherwise erected or created for himself on the site belonging to him.
Buildings and their parts (residential and non-residential premises, parts of the premises, engineering and technological communications, other infrastructure and improvement facilities) participate in civil circulation in accordance with the rules established by the Civil Code of the Russian Federation, including, taking into account those restrictions that Article 131 Civil Code of the Russian Federation ("State Registration NE") and article 219 of the Civil Code of the Russian Federation ("The emergence of ownership of the newly created nor").
It should be noted that the possession of the building (as well as other types of objects nor) on the right of ownership gives the owner of such neither the right to use the part of the land plot, which is actually under the object either, even if land plot belongs to another person (Article 271 of the Civil Code of the Russian Federation).
The Civil Code of the Russian Federation does not contain legal definition of the building (part of the building), just as it does not contain such a definition of the Urban Code of the Russian Federation (dated May 7, 1998 N 73-FZ).
Therefore, it seems appropriate to use the terminology of the ever mentioned by us. In accordance with the data regulatory document The building is an architectural and construction object, the appointment of which is to create conditions (protection against atmospheric influences, etc.) for labor, socio-cultural services and storage. material values. It is noted that buildings have a wall and roof as the main structural parts, as well as the foundation.
The building may also include residential and non-residential premises, as well as parts of the premises. It should be immediately agreed that in part 2 of Article 7 of the Housing Code of the RSFSR there is a ban on the provision (placement) in residential premises for the needs of an industrial nature. In accordance with Part 2 of Article 4 of the LCD RSFSR in residential buildings, both residential premises can be located and non-residential premises intended for trade, household and other needs of non-industrial.
From the analysis of the norms of the Civil Code of the Russian Federation, LCD RSFSR and Federal Law from June 15, 1996 N 72-FZ "On the partnerships of the owners of the housing" It follows that the concept of "room" covers parts of residential buildings or objects in any way or another related to residential buildings:
"The room is the unit of the complex either (part of a residential building, otherwise associated with a residential building NE), allocated in kind, intended for independent use for residential, non-residential and other purposes owned by citizens or legal entities, as well as Russian Federation, constituent entities of the Russian Federation and municipalities "(Article 1 of the Federal Law of June 15, 1996 N 72-FZ" On Partnerships of Housing ").
This is precisely the differences in the legal regulation of civil turnover of residential and non-residential buildings. While in non-residential buildings, as in unfinished residential buildings, the real right to part of the building (unfinished residential house) is still expressed in arithmetic fractions - 1/2, 1/3, 1/4, etc. It does not, according to the law in the nature of a particular object of the part of the building (at home) as an object of real law. But in residential buildings it is possible to release in nature such a structural part as the premises. This difference between residential and non-residential area (unfinished residential house) It is of fundamental importance in law enforcement practice.
Residential premises and real rights to them are subject to state registration, as well as encumbrances (restrictions) on them and transactions with named objects. Expanding documents for residential premises may be acts of state bodies and acts of self-government bodies, court decisions, contracts and other transactions. Thus, the condominium as a single complex, as well as the right to none in condominium and transaction with it, are subject to state registration with the provision of a passport of households compiled by the organization technical inventory Based on natural measurements and information of the competent authorities.
At the person who did not register its right in the prescribed right, respectively, on a residential building, an apartment, a room, there is no official confirmation that it is the only legitimate owner of the rights to this property. This is fraught with the inability to make legal transactions with this property, including the transaction on its alienation. But it is not deprived of the opportunity to issue state registration for nor. The notarized transaction is not replaced by state registration. The right possession by these objects arises from the moment of state registration.
These objects are also included in these objects, it is also appropriate - the right of economic management and the right of operational management, carried out by state and municipal legal entities. Finding a residential premises Only on the balance of the subject of real law does not serve in the forensic arbitration practice sufficient basis for recognizing its rightholder.
Above, we have already mentioned the difference in functional on the meaning of residential and non-residential facilities (buildings and premises). The functional purpose of this or that object, not, including buildings and premises, is determined when it is construction and is reflected in project documentation. For the purposes of the pellets, the functional purpose of a particular thing is confirmed by the Organization of the Technical Inventory, which enters these information in technical certificate Object (in flooding plans for buildings and explication to them). Since the purpose of the residential premises was recorded in the law (Article 7 of the LCD of the Russian Federation), and the individual-specific residential premises - in inventory-based documentation, the owner is not entitled to arbitrarily change it or cancel. Moreover, if the rightholder has an intention to use the building or room other than the other, different from the prescribed, appointment, then he, firstly, should carry out the necessary reconstruction and re-equipment, and secondly, must be transferred this room (buildings) to another category (from the housing stock in non-residential or vice versa).
The procedure and conditions for such a translation are established in the LCD (Article 8 and 9). The translation of residential premises into non-residential is allowed in the following cases:
if housing is unsuitable for permanent accommodation, and such defects cannot be eliminated technically and sanitary or their elimination is economically impractical;
if the residential premises is in disrepair or under the influence of factors, especially dangerous to people's life and health;
if the residential building is subject to demolition or transfer to another land plot - for the period before the actual demolition or transfer, starting from the liberation of a residential building from citizens living in it.
Buildings, both residential and non-residential (production, administrative, domestic), are usually complex immovable belongings (neither). In cases where the building has several owners (homeowners), which on the right of ownership are enshrined in the building of the room, they have the right to general dolly ownership On the so-called common property.
Federal Law of June 15, 1996. N 72-FZ "On the partnerships of the owners of the housing" under the general property is in mind the part of the complex neither intended for service, use and access to premises, closely related to them and the following destinies.
For example, objects common property An apartment staircase, stairs, elevators, elevator and other mines, corridors, roofs, technical floors and cellars, corridors, roofs, technical floors and cellars, corridors, roofs, technical floors and cellars, and non-carrying structures, and mechanical, electric, plumbing equipment located outside and indoors, public areas, as well as other objects.
With regard to each homeowner, its share of participation in the right of common share ownership of common property is established. The share in the right of common property determines its share in the total volume of mandatory payments for the maintenance and repair of common property, in other common expenditures, as well as in the general case - the share of votes at the general meeting of households and members of the partnership of the owners of housing.
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.
Translation of your dwelling from residential foundation In non-residential and, on the contrary, it 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 Article 17, engage commercial activities In some cases, it is possible in some cases where the 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, according to the rules should be non-residential;
- 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 is located non-residential premisesmust 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, authorized bodies There are three days to notify you about your 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;
Rubric "Non-residential premises"
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, in 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 between the non-residential premises from the residential is that it is not intended for the permanent residence of citizens and can be used only 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.
Often, non-residential premises are located on the ground floors, attics and basements of apartment buildings. In these cases, residents of houses face that access to engineering equipment and general-purpose communications is closed by owners of non-residential premises. It may also be difficult to improve the local area of \u200b\u200bthe apartment building.
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 - what it is and what they differ from the apartment
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
Rules for drawing up a lease agreement of warehouse
The preparation of the lease agreement of the warehouse, as well as any other non-residential premises, is governed by the Civil Code. The conclusion of the contract has its subtleties that depend on the specifics of the specific warehouse And his destination
Procedure for transferring non-residential premises in residential
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
What is Coworking
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
How to translate residential real estate into non-residential status
The procedure for transferring residential premises to non-residential, which documents are necessary for the procedure, how much it costs, - all this and other questions on the topic can be found 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.
Premises are used for retail and wholesale trade. Can be located in trade 
centers, administrative or residential buildings. For commercial premises are not mandatory 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
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.
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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 ambulatories, 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).
Non-residential premises - regulatory regulation
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 register citizens at the place of residence. 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.
- Criminal Code of the Russian Federation. It gives the concept of non-residential premises as a structure or structure located in any form of ownership - a private, municipal or state, the appointment of which is the temporary placement of people, storing material values \u200b\u200bfor 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.
Signs of non-residential premises
The legislator gives the following characteristics of the non-residential real estate fund:
- 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 as part of a structural element in a multi-storey building;
- the durable relationship between the premises and land plots on which the building is located;
- registration of isolated square meters as non-residential when making the relevant data to the Rosreestrate base.
According to the requirements russian legislation A clear separation of space for suitable for accommodation and intended for commercial activities or to accommodate employees has been established. 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.
Obligations of owners of non-residential premises
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 normal sanitary condition, which does not create a threat to the environment 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 by the General Assembly of the owners of an apartment building, which contains a non-residential premises, finance or implement its own improvement of the local area referring to a non-residential premises.
The grounds for the translation of the area for accommodation in the non-profit fund are 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:
Non-residential premises in general homes
Commercial premises used by owners for conducting activities or official goals should be distinguished from the squares that belong to public areas in apartment buildings. These include elevators, technical territories, basements and attics, stairs, entrances, strollery, 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 the object of equity property, a cooperative.
Such premises, even if they are created for the functioning of the entire building as a common property, cannot be issued 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.
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We will analyze the living and non-residential premises or the apartment, what is the difference?
Defining the concepts of living and non-residential premises always caused many questions.
The lack of clear legislative regulation leads to the fact that in practice it is often confused by the concepts associated with this fraudulent actions, and the judicial disputes arise.
Although legislation does not contain clear definitions for the concepts of concepts, it allows you to quite specifically indicate the signs with which the difference between the residential and non-residential premises is visible, as well as features that characterize similar features of these two types of premises.
First of all, it is best to deal with what the room is and what is the difference between the building and the room.
Residential and non-residential premises: signs
Immediately make a reservation that the law does not give clear definitions and these concepts.
From the current practice, you can establish that the building is complex real estate, more precisely, the complex of real estate, the architectural and construction object, which creates the conditions for labor, social and cultural services of the population, residence, the storage of values \u200b\u200band consists of the walls, roofs, as well as the foundation.
The components of the building are premises that can be both residential and non-residential.
Thus, we conclude that the room - This is a unit of a complex of real estate, part of the building, which is intended for independent use in residential, and other purposes owned by physical, legal entities, states or its subjects.
Real estate and insolation of premises
Any room, in a civil-based and housing and legal aspect there are two traits:
- any room is real estate
- premises are different
Let's consider each other from the signs.
That is why the living spaces never recognize the trailers, cabins, various team-collapsible houses. Non-residential premises should also relate to real estate, since the rights to them are subject to state registration in accordance with legislation.
The next sign is an isolated. This feature means that both types of premises must be an isolated object, i.e. Must be materially limited by means of walls, gender and ceiling.
In any room, there must also be input.
Condition and characteristics of residential premises
The remaining signs of residential and non-residential premises indicate exactly the difference between them.
So, a residential premises, in addition to the above, the features are characterized by the suitability for the permanent residence of citizens in it. In accordance with this feature, the residential premises should be in the residential area, it should be in good condition: all building designs must be operational, without any damage and destruction, so that their carrying capacity is not disturbed.
The room should be equipped in such a way as to be excluded any possibility of injuries by residents when finding inside it and maintaining a normal lifestyle.
In addition, residential premises should be equipped with necessary engineering systemssuch as sewage, electricity, gas, water supply, heating, etc.
Access to residential premises above 5 floors should be carried out using an elevator. The room must comply with the norms of insulation, lighting, air exchange and microclimate.
To be recognized residential, the premises are necessary for its qualities to meet all the requirements established by sanitary and epidemiological documentation. In addition, it must meet technical and fire rules and regulations.
State and characteristics of non-residential premises
Non-residential premises are characterized primarily by the fact that it should relate to the non-residential fund.
At the same time, such objects can be located both in residential and not in residential buildings.
According to the functional purpose it may be: Property that is not intended for permanent residence individuals, as well as property intended for any production and social goals.
As for residential buildings, the non-residential premises in such facilities are all isolated spaces that are not housing and common property owners.
Functional purpose of premises
The main appointment of residential premises, of course, is the residence of citizens. At the same time, the use of their housing should not violate the rights and legitimate interests of other persons living in the same room.
In addition, for accommodation, citizens must comply with the rules and equipment of fire safety, sanitary and hygienic rules, environmental norms and other legislative requirements and installations.
At the same time, the law does not prohibit the use of the premises of citizens living in the premises on a legitimate basis for the implementation of professional and business activities, if such activities do not cause inconvenience and does not violate the rights of other citizens.
Concerning industrial productionThe equipment in the residential premises is prohibited by law.
Non-residential premises can act as a space of almost any destination. So, one of the types of destination is public.
Such premises include health facilities: polyclinics and hospitals, ambulance stations medical care, schools I. educational institutions, Premises intended for trade and catering, leisure and entertainment, office space and others.
In addition, non-residential premises can be a production destination: they can be used in the field of industry, metallurgy, electric power industry and other fields.
What is a non-residential premises and how it differs from residential
The absence of a clear definition of non-residential premises in the legislation leads to the emergence litigation, confusion of concepts, illegal transactions. However, the provisions of regulatory documents allow:
- identify signs of this type of property;
- determine the main types of real estate;
- clarify the originality of civil law.
In this article we are talking about typical versions solutions legal issues, But each case is unique. Use free consultations It is at your particular occasion, right now call: (it's free)
Pay attention to the inaccuracy and error in determining the object of non-residential fund exclusively through denial: not intended for the accommodation of individuals. The room is not only an office, a store, but also apartment housewhich was recognized as an emergency. Such definition requires further clarification.
Signs of non-residential premises
1. Isolation and materiality. Like the home - apartment, house, room, part of the house or apartments, non-residential premises is an isolated object. The material boundaries (contours) are walls, ceiling surface, floor. Necessarily the existence of the entrance.
2. Objects belong to real estate. This characteristic is present in the Federal Law No. 122-FZ (ed. From 04/06/2015). The document emphasizes: the rights to non-residential premises are subject to state registration, as well as the rights to housing, buildings, enterprises, structures, plots.
3. Real estate is part of buildings. The sign allows to determine the difference between non-residential premises from the structure and, at the same time, a close spatial connection with it.
4. The connection of the premises as immovable things with the site is manifested in registration of property at the address, which indicates a specific land area, as well as in the impossibility of moving the building.
5. The room is an object of non-residential fund. The combination of real estate of this type includes insulated objects located both in non-residential buildings and in residential buildings. The exception in the latter case becomes real estate, assigned to the housing stock in the prescribed manner.
6. Functional purpose has a dual character:
- real estate is not used for permanent residence of physical;
- designed for public, production purposes.
Basic and auxiliary non-residential premises
In terms of independent use, real estate of this type is divided into basic and auxiliary spaces. What applies, for example, to the main non-residential premises of the school building:
- educational offices;
- laboratory;
- workshops;
- gym;
- classrooms.
Appointment of auxiliary areas - maintenance of the main spaces. In the structure of the school to this type of real estate include:
The main and auxiliary objects of non-residential foundation are considered:
- as the main thing and belonging (according to article 135 of the Civil Code of the Russian Federation);
- as a single complex thing (according to Article 134 of the Civil Code of the Russian Federation).
Both points of view are criticized by lawyers, but each can be considered legitimate depending on the purpose of real estate. For example, the Cabinet at school cannot function without a corridor. The latter as a belonging is designed to serve the first - the main thing. Pavilions, kiosks in the lobby of the shopping center work out of connection with each other, although they constitute a single complex object together.
Square is divided into basic and auxiliary also by other bases: due to the rental of isolated spaces. Characteristic example: In the airport building, hairdressers, restaurants, dining rooms are functioning. These premises are rented for production purposes that differ from functional purpose building. Similar objects of non-residential fund in relation to the airport space are considered auxiliary.
Real estate differences on intended purpose
Non-residential spaces are objects of various purposes. Belonging to a certain type limits the implementation of the right to the room, affects its civil turnover. The classification acquires value when calculating the size of the rental property. The list is not closed.
Objects are allocated among public premises:
- educational: area of \u200b\u200bkindergartens, universities, schools;
- health: isolated spaces of polyclinic, hospitals, ambulance stations, medical items;
- trade, catering: squares are part of shops, food and industrial, property complexes that produce and implement product products, restaurants, cafeteria, cafes;
- administrative and managerial: offices;
- municipal domestic services: Square of Atelier, repair shops, dry-cleaners, dispatching points, enterprises of ritual services;
- recreation and entertainment: Cinema rooms, nightclubs;
- other real estate.
Production non-residential premises are divided into branches for objects:
- industry (fuel, petrochemical, chemical);
- metallurgy, color and black;
- electric power industry and others.
In the appointment, the real estate of urban utilities is also distinguished: insulated objects of heat, gas, water and power supply. The isolated area of \u200b\u200bcommunication compartments (for example, mail) is allocated.
Some issues of civil law turnover of real estate
1. When immovable property becomes the subject of the lease transaction, it should be remembered about isolation as a mandatory feature of objects. Federal Law No. 122-FZ allows transfer to temporary possession, use of parts of the premises. However, these parts should be individualized. In paragraph 3 of Article 25 of this regulatory document, it is mentioned:
- apply a copy of the cadastral passport to the lease agreement;
- specify the size of the leased area.
If the contract does not allow specifying immovable property, which is transmitted to temporary possession, use (for example, it is only indicated that half of non-residential premises is rented), no applications - schemes, drawings, such a document is invalid.
2. Disputes arise from owners of non-residential fund objects, which are located in 1 building, regarding the rights to the common property of the structure:
- intended for servicing more than 1 insulated space space;
- stairs;
- corridors;
- attic;
- halls;
- roofs;
- basements with engineering communications;
- bearing structures, etc.
All legal owners of non-residential premises have the right to ownership of property of this type by virtue of the law. Disputes about the size of the share are solved with regard to the real estate area of \u200b\u200beach interested person. The owners of premises in 1 building can transmit separate structural elements of the structure to use, for example, to place outdoor advertising.
3. If the owner of the building decides on the formation of several non-residential premises - their allocation from the structure of the structure, when making information in the GKN on new facilities, the building itself loses the legal status of real estate as a possible ownership of 1 person. For cadastral accounting of such non-residential premises, one statement is served. The procedure is running simultaneously in relation to the entire new real estate.
Types of residential and non-residential real estate.
Commercial real estate. Views, meaning.
Public real estate. Views, meaning.
17. Ten common features Real estate market.
4. Types of residential and non-residential real estate.
Residential Properties - This is a combination of residential units (populated and unnecessary).
Residential unit (housing) is a residential building, a residential premises in a residential building, or in another building, which has access to the public areas of the building or land and intended for living with one family. Residential unit is an accounting unit in the system state accounting Housing Fund.
House - This is a constant building in which residential premises make up more than half of the area of \u200b\u200bbuildings. Residential buildings are divided into apartment and single-quarters.
Residential real estate include:
a low-storey house (up to three floors), a multi-storey house (from 4 to 9 floors), a house of high floors (from 10 to 20 floors), a high-altitude house (over 20 floors).
The object of residential real estate may also be condominium, Section (entrance), floor in the stairwell, apartment, room, country house.
Condominium -a single complex of real estate, including a land plot in the established boundaries and a residential building located on it, other real estate objects in which individual premises are in the private, state, municipal and other forms of ownership, and the rest of the parties are in their overall ownership
Also, residential real estate is classified by type:
I type - place of permanent residence;
II type - Country housing used for a limited period of time;
III type - intended for short-term accommodation (hotels, motels, etc.).
There is also a classification of residential real estate objects depending on the material used by the exterior walls of the building:
houses with brick walls;
panel houses;
monolithic houses;
wooden houses;
mixed type houses.
Non-residential real estate:
land (including agricultural land (Pashnya, hayflowers, pastures, perennial plantings, virgin), land settlements (cities, workers, resort and country settlements, rural settlements), as well as land industry, transport, communications and other sectors national economy, lands of environmental, natural and reserved, recreational, recreational and historical and cultural purposes, land of the forest fund, forestry, land of the water fund, stock land);
commercial real estate (office, trading, bars, restaurants, hotels, sports and recreation complexes, etc.);
industrial real estate (production and warehouse);
5. Commercial real estate. Views, meaning.
Concept commercial real estate includes premises used for business needs, such as office and shopping Squarethat make up
most of the real estate investment portfolio.
For commercial real estate, restaurants, shops, warehouses, buildings and structures, hotels, bars, sports and recreation complexes and entertainment facilities involves getting income;
Office rooms. Classified by location, quality of the building (finishing level, facade, central entrance condition, elevator availability), quality of management ( management Company, Availability additional services For tenants), etc.
Hotels. Hotel projects today in the Russian Federation are the most complex types of investment in rectic real estate. Construction of new or reconstruction of old hotels in the highest class, their equipment and operational costs are considered to be quite risky investment, as the costs of such projects are several times higher than the cost of building trendy shopping complexes or office centers.
Garages-parking (auto parking)as commercial real estate in the country is practically not evolving, although the prospects are available. After all, for each thousand inhabitants, about 150 parks are required in accordance with the norms.
Shops and shopping complexes. As the experience of major cities in Europe showed good conditions For location multifunctional shopping centers are: intersection of large motor vehicles, the immediate proximity of metro and stop stations terrestrial transport. For shopping complexes, it is especially necessary to provide service services to their tenants (for example, permanent cleaning of the territory, repair service of weights, 24-hour security, etc.).
Industrial (Industrial) Real Estate.
The following classification of real estate facilities in categories A, B and C were adopted on the west market.
Category S.. Excessive real estate - Earth with buildings or free areas that are no longer needed to keep businesses today or in the future and therefore are declared excessive real estate.
In the conditions of continuous development of business in Russia, office premises are constantly required for newly generated companies. Stable working firms also periodically need additional areas to accommodate the equipment and the growing staff of employees.
6. Public real estate. Views, meaning.
TO public Buildings and facilities include:
medical and wellness (hospitals, clinics, nursing homes and houses of a child, sanatoriums, sports complexes, etc.);
educational and educational (kindergartens and nursery, schools, schools, technical schools, institutes, houses of children's creativity, etc.);
cultural and educational (museums, exhibition complexes, parks of culture and recreation, houses of culture and theaters, circus, planetarium, zoos, botanical gardens, etc.);
special buildings and structures - administrative (militia, court, prosecutor's office, authorities), monuments, memorial structures, train stations, ports, etc.;
16. Seven main elements of the real estate market.
Real estate market - This is the National Sector market economywhich is a combination of real estate objects, economic entities operating in the market, market functioning processes, i.e., production processes (creation), consumption (use) and the exchange of real estate and market management, and mechanisms that ensure the functioning of the market (market infrastructure) .
The real estate market consists of seven major elements:
Demand
Sentence
Price
Management
Marketing
Infrastructure
Business procedures
Demand - This is the number of land plots, property complexes and rights to them, which buyers are willing to acquire in folding prices for a certain period of time. All other things being equal, the demand for real estate changes in reverse dependence on the price. Demand is formed under the influence of numerous facts - economic, social, demographic, natural climatic.
Sentence - This is the amount of land and other immovable property that owners are ready to sell at certain prices for a certain period of time.
Price - This is the amount of money paid for the real estate unit in perfect transactions. Cost - This is the most likely cash equivalent of property. This is the highest price that the site sells on the competitive and open market.
Management -regulation of impacts on real estate objects by market entities (vendors, buyers, professional participants market).
Marketing- Social process aimed at meeting the needs and needs of individuals and groups through the creation and supply of real estate and exchange facilities with other people.
Information Nfrastructure – the most important element existence of any market, including the real estate market. It must contain reliable information:
on existing norms and rules of work in the market;
on the structure of supply and demand for various objects;
on the level and dynamics of prices.
17. Ten common features of the real estate market.
The combination of the infinite variety of physical characteristics of real estate objects, on the one hand, and many different rights to real estate, on the other hand, leads to the emergence of a uniquely complex market. In contrast to other types of market, the real estate market, in addition to the specifics of goods visiting it, has a number of common features that need to be considered when performing operations:
localization of the marketbecause its goods are stationary, unique, and their value largely depends on the external environment;
open information about the state of the market It happens incomplete and not always reliable, since real estate transactions are often exclusive and confidential;
ownership of real estate And transactions with it usually suggest four types of costs: one-time payments, relatively large investments; on maintaining an object in a functional state; real estate tax; State duties and other fees for transactions;
demand is determined not only and not so much by the consumer qualities of the objects themselves as their location;
low elasticity of the sentencesince for a number of reasons it is impossible to immediately build a lot of new apartments;
objects of real estate can be determined by the rights of third parties in different combinations;
relatively high degree of state regulation Market legislative standards and zoned territories;
real estate market goods are not only a means of meeting their own needs of buyers, but also the object of their investment activities;
relatively small number of market participants;
large changeability of demand By regions, districts and microdistrict
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 taxNamely - 2.2% of the residual cost of the room 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 all engineering communications;
- 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;
All engineering networks should 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:
- Be prepared for the fact that the prices for utility services sharply jump up as soon as you follow the procedure for transferring a residential to non-residential. After all, tariffs for water disposal, water and power supply, heating for commercial premises is much higher.
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;
