The legislation of the Russian Federation does not give precise definitions of the terms "purpose of the premises" and "functional purpose of the premises".
So, according to sub. 3 p. 36 of block 3.5 Procedure for maintaining the Unified State Register of Real Estate ..., approved. By order of the Ministry of Economic Development of Russia dated December 16, 2015 No. 943, the premises for their intended purpose (without specifying for what purpose) are divided into residential and non-residential. And then the USRN already reflects the types of permitted use of a particular room.
Since living quarters can be used exclusively for citizens' residence, they are not classified according to their intended purpose.
The functional purpose of the non-residential premises was previously necessarily indicated in the project documentation. However, the current version of the Law "On Participation in Shared Construction" dated 30.12.2004 No. 214-FZ no longer contains a mandatory requirement to include information on the construction project information on the functional purpose of non-residential premises that are not common property (clause 24 of Art. 1 of the Law "On Amendments ..." dated 03.07.2016 No. 304-FZ).
Classification of non-residential premises by purpose. On what basis are types (types) of non-residential premises distinguished according to their intended and functional purpose?
- The purpose of a non-residential premises is usually understood as the type of activity for which this premises will be used. On this basis, the premises can be classified, for example, as follows:
- trading;
- production;
- warehouse;
- communal and household;
- catering facilities;
- office;
- medical;
- educational;
- sports;
- free appointment, etc.
- The functional purpose is understood as the presence of technical characteristics and design features of the room, allowing it to be used as an independent object. The classification of the premises can be as follows:
- basic;
- auxiliary;
- serving;
- communication;
- technical.
Changing the functional purpose of non-residential premises: where to find order
Given the ambiguity of the concept of the functional purpose of a non-residential premises, we will consider 2 situations:
- It is required to transfer non-residential premises to residential premises (or vice versa). The main conditions for such a translation and the composition of the required documentation are regulated at the federal level (see Chapter 3 of the RF LC).
- It is required to arrange a change in the type of production activity specified in the project documentation for non-residential premises. If such a room meets sanitary, fire and other requirements (GOST, SP, i.e. sanitary rules) provided to the premises in which the planned activity can be carried out (for example, for catering services, medical services, kindergartens, etc.) ), then it is not necessary to obtain special permits for conducting such activities in non-residential premises (we recommend reading our article on this topic We receive a sanitary and epidemiological conclusion). In some cases, redevelopment may be required, which must be formalized in accordance with the law.
IMPORTANT! Additional restrictions may be imposed on non-residential property in state or municipal ownership in a particular region.
Rights and obligations of the owner of non-residential premises in a residential building
Thus, the powers and obligations of the owner include (Article 30 of the LC RF):
- ownership, use and disposal of premises;
- granting, under a contract, the possession and use of such premises to other persons;
- room maintenance;
- maintaining the premises in good condition, as well as other duties and rights established by law.
So, all premises are classified by law as residential and non-residential. The law does not provide a unified classification of non-residential premises. A change in the functional (target) purpose of a non-residential premises is usually made without additional permits from government agencies, provided that such a change does not contradict the requirements of SanPin, GOST, an agreement of the parties or regional legislation.
Purpose of use of non-residential premises: definition, classification and procedure for change
A room that does not meet certain sanitary and epidemiological requirements, fire safety standards is classified as non-residential. Such real estate has its own purpose, in accordance with which it should be used.
More information about the intended use of non-residential premises can be found in this article.
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Definition of the concept
There is no clear definition of a non-residential property in the legislation of the Russian Federation. However, there are a number of signs by which such real estate can be identified.
Non-residential property signs:
- not intended for living;
- used for industrial and public purposes;
Read more about the differences between residential and non-residential premises here.
Intended use of real estate not intended for living
Information about the purpose of the premises is entered into the database at the time of cadastral registration(according to clause 16, chapter 2 of Law 221-FZ of July 24, 2007). Non-residential premises have their own purpose - the type of activity for which this object is intended. The purposes of using non-residential premises are distinguished as follows:
- office;
- trading;
- sports;
- communal and household;
- educational;
- medical;
- production;
- catering establishments;
- warehouse;
- free appointment, etc.
Real estate objects that are not intended for living are subject to another classification - by functional purpose. For this, technical characteristics and design features are taken into account. In this aspect, the premises are:
- technical;
- auxiliary;
- communication;
- basic;
- serving.
Basic division of objects
The concept of the purpose of non-residential premises is not legally defined... According to the order of the Ministry of Economic Development of the Russian Federation No. 943 dated December 16, 2015. the procedure for maintaining the USRN was approved. In block 3.5, paragraph 36, sub-3 of the document, it is said that according to the purpose, premises are divided into residential and non-residential.
Moreover, the former are intended solely for one purpose - the residence of citizens. The latter are classified according to their intended purpose in accordance with the type of permitted use in the USRN.
Liability for incorrect operation
The use of non-residential premises for other purposes entails administrative responsibility... In order to avoid disputes and legal proceedings, it is necessary to harmonize the documentary and actual purpose of real estate.
Another significant point is that non-residential premises are not intended for living. In the Housing Code of the Russian Federation in Art. 15 contain comprehensive requirements for living quarters. If at least one condition is not met, you cannot live in the building or part of it.
The legislation of the Russian Federation does not include direct responsibility for living in non-residential premises, but there is responsibility for violation of sanitary and epidemiological norms (in terms of area, noise level, layout, illumination, etc.).
You will find more information about the rules for the use of non-residential premises in this article.
Classification of areas and their characteristics
Free - what is it?
In order to expand the possible areas of use of real estate, you can give it the status of non-residential premises for free use. Such objects are operated by owners and tenants in different areas of activity, with the exception of specialized ones.
The purpose of real estate often becomes known at the time of design, but for the owner, the best option is to create a universal structure... Such a building can be converted at the request of the tenant. Often non-residential premises for free use are used as shopping centers, offices, household or social enterprises.
Free-use premises, despite their versatility, cannot fully suit all areas of activity. Given the specifics of the institution's work, in some cases additional documentary approvals will be required.
Residential
According to Law No. 218-FZ, Article 8, Part 5, Clauses 9, 10, 11, the USRN includes additional information on the purpose of the building, premises, and its name. When registering for cadastral registration, only basic information about real estate changes; regarding the change in purpose, one should be guided by the Housing Code of the Russian Federation (Chapter 4). Important, that a change in the purpose of a room in a building does not entail a change in the building itself(for example, residential premises, non-residential buildings).
In this regard, the authorized state bodies send to the USRN information about the change in the purpose of non-residential premises to include such information in the register (Law No. 218-FZ, Article 32, Part 1).
Law 221-FZ of July 24, 2007. "On the State Real Estate Cadastre" includes information about the type of real estate object (non-residential or residential building), as well as the purpose (residential, non-residential premises). This information is also recorded in the certificate of state registration of property rights.
Read more about the classification of non-residential premises here.
Instructions for changing the functional prescription
The owner of the property can change the purpose of the property, as well as the tenant in agreement with the owner, while there are two options for how to change the purpose of non-residential premises:
- Transfer of the object into a residential one (according to chapter 3 of the RF LC).
- Changing the type of activity.
The main stages of re-profiling a room:
- drafting a project;
- its coordination with city services (city vodokanal, SES, Ministry of Emergency Situations, etc.);
- preparation of documents and their submission to the authorized government bodies;
- carrying out works corresponding to the design documentation and putting the building into operation;
- registration of a technical passport by a BTI representative;
- obtaining a new cadastral passport;
- applying to the registration authority to obtain a new certificate of ownership.
Where to go
Whatever the direction of work, coordination with the State Fire Inspection will be required. To do this, it is worth contacting the district fire inspection department. To confirm compliance with sanitary and epidemiological standards, you need to obtain permission from Rospotrebnadzor. BTI will prepare plans for the premises, which are located below and above the facility.
Documentation, along with the owner's statement, is submitted to the Prefecture of the County... After making a positive decision, the owner applies to the Unified State Register, where a new registration of the premises is carried out.
Drafting and approval of the project
Before contacting the design office, you should find out the condition of the supporting structures, floors, wiring, water supply systems, and also whether redevelopment is possible in this building. Having the necessary documentation and the results of the preliminary survey, you can start drawing up the project.
Additional sections may be included in the document as needed.:
- Constructive decisions;
- facade project;
- heating, ventilation;
- drainage and water supply, etc.
Drafting a project is the most difficult and crucial stage. Negotiation takes place in the following order:
- Housing inspection.
- Fire department.
- Sanitary and Epidemiological Surveillance.
- Expert bureau.
- Department of architecture (if the facade of the building is affected).
Preparation of documents
To change the purpose of the premises, you need to prepare such documents:
- statement;
- title documentation;
- technical plan (read about the difference between a technical plan and a technical passport here);
- explication;
- redevelopment project;
- certificates from the BTI on the technical condition, inventory value;
- certificate of absence of communal debts.
Getting permission
After submission of documents, local authorities examine the site and consider the possibility of re-profiling within up to six days. If a positive decision is made, the applicant is issued a permit with an unlimited validity period. If any violations are identified, a period of 10 days is given for their elimination, after which the application is re-examined.
Financial costs
The main financial expenses are aimed at:
- Preparation of project documentation.
- Payment for the services of the Housing Inspection.
- Coverage of the cost of construction work.
- Payment of state fees.
The estimated price for services in Moscow and the region is:
Timing
As usual, it takes 1-2 days to prepare a technical report. Depending on the complexity, the project is being prepared from several days to two months.
On average, it takes from 10 to 30 days to prepare BTI certificates and call a specialist... Working with an architect takes up to two weeks, and making changes to the documentation takes no more than 30 days.
Changes to the cadastral plan
Changes to the cadastral documentation are made on the basis of a technical plan with a drawing and a description of the main parameters of the object. This procedure can take anywhere from three to eighteen days, depending on the complexity and scale of the change. The result is a formalized cadastral passport with an updated layout of the facility.
Non-residential premises have their intended purpose, in accordance with which they are used. If the owner or tenant decides to change the type of activity, it is necessary to bring the premises into compliance with the new standards and requirements. For this, its intended purpose changes. The procedure is laborious and costly, requires certain knowledge and an algorithm of actions.
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Signs, types and classification of non-residential premises
Since market relations are currently very developed, the concept of real estate transactions has become very widely used. But in Russian legislation there is no clear concept for such actions, which causes some difficulties.
This problem worries merchants who want to transform residential property into non-residential property for business purposes. This question often arises for residents of houses who confuse non-residential premises with common property in the process of calculating utility bills. Read about the types and features of such premises below.
Signs
The main signs are as follows:
Classification by type of permitted use
Non-residential premises can be used for any activity. If we take into account all types of permitted use, then all premises are divided into the following types:
- Office.
It is used to create an office of the organization, and can be located in shopping malls, shopping centers and business centers. It can also take place in a large office building. The office space has characteristic main walls that separate it from other spaces. The presence of communications directly in the building (water, bathroom, drain) is considered mandatory. Trading area.
It can be used for trade, and placed in a shopping center or in a residential building. It does not always have capital walls, but the presence of basic communications near such an area is required. They can be designed for a small number of trading platforms. Universal room.
It is suitable for different types of activities (office, office for the provision of medical services, sports club, solarium, office of a manicure master, workplace for a shugaring master). The premise is separate, it has a separate entrance and main walls, which are fenced off from other premises. It must also have its own communications, or it can be located in a shopping center or residential building. Warehouse.
It can take place in an office building or in a sports suite. It is characterized by capital walls that fenced off from other premises. The presence of a separate entrance and basic communications is not necessary, because it is often used to store products or equipment.
Subsidiary and main
The main ones are the premises in which the functional processes are carried out. This includes premises, classrooms and classrooms in government institutions, offices, chambers. There are also common areas, namely - cinemas, theaters, halls in museums, clubs, assembly and reading rooms, administrative offices, trading halls.
How is segregation by purpose carried out?
Purpose is understood as an activity for which this or that premises can be used. On this basis, the premises are classified into:
The functional purpose of the room is the presence of design features and technical characteristics that allow it to be used as an independent object. The classification can be as follows:
- Basic.
- Technical.
- Communication.
- Auxiliary.
- Serving.
Conclusion
In conclusion, it should be noted that there are a lot of non-residential premises that can be used for different purposes. Their size is also very different. Such objects can be bought for running their own business or for industrial use. They can also be rented by concluding an agreement with the owner. It is important to choose the right type of room and make sure that it meets your needs and has everything you need for non-residential use.
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The main signs are as follows:
Classification by type of permitted use
Non-residential premises can be used for any activity. If we take into account all types of permitted use, then all premises are divided into the following types:
Subsidiary and main
Reference! An auxiliary facility is considered to be an object used for operation or consumer services (lobby, storeroom, staircase, corridor).
The main ones are the premises in which the functional processes are carried out. This includes premises, classrooms and classrooms in government institutions, offices, chambers. There are also common areas, namely - cinemas, theaters, halls in museums, clubs, assembly and reading rooms, administrative offices, trading halls.
How is segregation by purpose carried out?
Purpose is understood as an activity for which this or that premises can be used. On this basis, the premises are classified into:
The functional purpose of the room is the presence of design features and technical characteristics that allow it to be used as an independent object. The classification can be as follows:
- Basic.
- Technical.
- Communication.
- Auxiliary.
- Serving.
Conclusion
In conclusion, it should be noted that there are a lot of non-residential premises that can be used for different purposes. Their size is also very different. Such objects can be bought for running their own business or for industrial use. They can also be rented by concluding an agreement with the owner. It is important to choose the right type of room and make sure that it meets your needs and has everything you need for non-residential use.
Ordering BTI documents from 5,000 rubles.
The rest of the prices for the types of services we provide are in the "Prices" section
Re-profiling of premises is a common practice in the Moscow real estate market. A hypermarket opens on the site of empty workshops, a bank branch moves into an abandoned warehouse, an office appears instead of a hairdresser.
It's one thing when instead of one store another was opened, but if the purpose of the premises has changed, such a procedure will require approval from the city administration.
What is a room profile?
The concept of functional purpose is enshrined in the decree of the government of the Russian Federation No. 219 of February 18, 1998. According to this legislative act, the purpose of the object must be indicated in the Unified State Register of Rights. It can be commercial, administrative, cultural, production, warehouse.
To find out the profile of the property, the owner just needs to contact the BTI. In this case, the tenant will need a formalized consent from the owner. Upon request, BTI issues an explication of the building indicating the profile of the premises located in it.
How to change the purpose of non-residential premises
How is the functional purpose of non-residential premises changed? In practice, this procedure is often associated with the need for major refurbishment of the facility.
There are certain sanitary and operational standards for hotels, restaurants, health centers, and, for example, an empty production hall cannot meet them without redevelopment.
For this, project documentation is being developed. The project must be approved by the following authorized organizations:
- Architectural planning department;
- Rospotrebnadzor;
- Pozhnadzor;
- Moscow Heritage Committee.
The exact list of organizations depends on the specific case.
Change of purpose of non-residential premises in Moscow
If the project documentation is approved, the applicant shall attach the following package of documents to the project:
- lease agreement or documents confirming ownership;
- technical passport, explication and floor plan;
- certificates of absence of utility debts;
- a certificate of the technical condition of the property and the inventory value.
These documents are submitted to the Department of Consumer Market and Services. The decision to convert or refuse is made by the County Prefecture.
Conversion of non-residential premises
If you are interested in the question of how to change the functional purpose of non-residential premises in Moscow, please contact our company!
We work in all administrative districts of the city.
We provide services for changing the profile, transferring apartments from the housing stock to non-residential ones, agreeing on project documentation.
The price of our services is the saved time and effort of the customer, as well as a guarantee of successful overcoming of all bureaucratic obstacles.
Call us or contact us through the online form on the site!
Industrial premises are a type of commercial real estate located in specially designed buildings and structures. Such buildings are used to carry out labor activities associated with participation in various types of production, organization, control and management of the enterprise.
Types of production facilities
Industrial premises are generally divided into several groups: administrative, warehouse, and also directly production. Also, this type of real estate can be classified in more detail: by purpose and industry.
Purpose:
- production facilities - it is here that the entire cycle of work is performed, these can be workshops at a factory or work areas;
- warehouses where various tools, equipment, raw materials and finished products are stored;
- administrative premises are offices of managers, specialists, rooms for meetings or trainings;
- sanitary facilities are dining rooms, bathrooms, showers and dressing rooms.
- medical premises;
- premises for food production;
- premises involved in the light industry;
- premises for metalworking;
- premises for the production of explosive and flammable substances.
Industry:
It is worth noting that the classifications can also be based on the type of waste, which is divided into wood, metal, refractory or combustible, as well as liquid or insignificant in weight and volume. In addition, the level of noise and possible pollution, illumination, the presence of steam, water or gas supply, as well as electrical wiring are taken into account.
Any type of production facility must comply with all hygiene standards. Thanks to this, employees will feel comfortable, and the quality of the products will remain unchanged.
Basic conditions that must be observed in production facilities:
- Temperature, heating and cooling systems. It is important to be able to keep it within certain limits. This factor is especially important in the production of work associated with high or low temperatures: metalworking, food production. Ideally, the worker should be cool in the summer and warm in the winter.
- Ventilation and air conditioning. It can be natural or artificial. The main thing is that workers breathe easily, and all unpleasant and harmful fumes are quickly and efficiently removed. They should be replaced by fresh air. It is important to clearly define the direction of use of the premises, the number of people who will be constantly in these premises, the level of humidity and dust. Taking these factors into account, the most optimal equipment is installed.
- Lighting of industrial premises. The main requirement is a sufficient amount of light to carry out all the work. When choosing lighting, it is necessary to take into account the possibility of using natural light, taking into account the size of the premises and the location of the windows. You should also not forget about saving and efficient use of energy.
- Energy saving. This applies to all media that can be used in the production area. We are talking about gas, electricity, diesel fuel. It is also necessary to monitor compliance with safety measures: all systems must be easy to operate.
- Water supply and sewerage. Water supply is one of the most important elements in the production process. In addition, it is used not only for production, but also for the personal needs of personnel. In addition, an active water supply will help to cope with a possible fire. Sewerage must also fully meet all the needs of production and workers.
- Fire protection systems. They must fully comply with all the requirements of the relevant services. The type of fire protection systems directly depends on the type of production.
Selection of production premises
Any business starts with finding the right premises. It is this, to a certain extent, that guarantees the success of the activity. The rental of industrial premises is in great demand. When choosing a room, you need to pay attention to a lot of factors.
Business specifics: what exactly will be produced.
Structural requirements for the building arising from the specifics of the production process: width of doorways, height of ceilings, necessary communications, availability of loading and unloading platforms and elevators.
General requirements for production space, taking into account possible growth.
Location of the building: availability of access roads, transport accessibility, availability of parking spaces around the building.
Condition of the building and internal communications.
Compliance of production facilities with fire safety requirements, as well as the requirements of legislation in the field and health protection.
Terms and conditions of rent.
The need to obtain additional permits and approvals for the placement of a specific production in this building. In the event that such approvals may be required, the timing and cost of their registration.
All these components are important, but the greatest attention in the selection of production facilities should be paid to the building envelope, internal supply systems and additional elements that allow buildings and premises to be adapted for a specific production.
1. The building envelope includes the main elements such as the building frame, external cladding, and internal load-bearing structures. The average service life of such elements is up to 75 years. The shell must fully comply with the requirements for a particular production, since design changes require significant material costs and numerous approvals.
2. Internal supply systems consist of fire protection systems, ventilation and air conditioning, heating, lighting, water and gas supply. The service life of such systems varies from 2 to 15 years. Constructive changes in this case are possible, but the work to change them is quite expensive.
3. Additional elements, which include finishing works, soundproofing, partitions, lighting installations, furniture, fittings, telecommunication channels.
Individual groups of industrial premises differ in rental rates. Office premises are considered the most comfortable for work, because the cost of their rent will be much higher than the price per square meter of warehouse space. This is why some entrepreneurs want to save money. They rent a production facility for another type of work. However, in reality, such actions are punishable.
