The status of non-residential premises has a number of significant differences, which relate not only to its purpose, its use, but registration of ownership, placement of commercial facilities, and the procedure for implementation. What legislative norms determine the legal status of such real estate, on what grounds are such premises located in apartment buildings, the features of non-residential objects will be discussed in this material.
Regulatory regulation of non-residential premises
Descriptions of real estate funds contain the following normal acts:
- Housing Code of the Russian Federation. there is no direct indication of the status of this type of objects as commercial in the document. However, the act contains a definition of residential premises, which are understood as apartments, houses and other isolated units suitable for permanent or temporary residence. Accordingly, objects in which it is impossible to register citizens at the place of residence are considered "non-residential". There is no precise definition in the law for such infrastructure facilities.
- Federal Law No. 122 "On registration of rights to real estate and transactions with it." The specified law presents the exact characteristics of non-residential objects - this is a room as part of buildings and structures, with a separate entrance, corresponding to sanitary and technical standards, registered in the state register as part of the non-residential fund.
- The Criminal Code of the Russian Federation. Gives the concept of non-residential premises as a structure or structure in any form of ownership - private, municipal or state, the purpose of which is the temporary placement of people, storage of material values for official or production purposes.
In addition to premises, non-residential buildings are also distinguished. They are real estate objects that serve to locate production facilities, large companies with several departments. Their characteristic feature is the ban on registration and residence of people, both on a temporary and permanent basis.
The legislator gives the following characteristics of the non-residential real estate fund:
- the presence of a separate entrance with access to the street or office premises;
- the absence of those registered in the square;
- allocation of an object as non-residential, allocation of it as a separate unit as part of a structural element in a multi-storey building;
- a strong connection between the premises and the land plots on which the building is located is required;
- registration of isolated square meters as non-residential when entering the relevant data into the Rosreestr database.
According to the requirements of Russian legislation, there is a clear division of areas into habitable and intended for conducting commercial activities or for housing employees. It is strictly forbidden to use the premises for living, if the status as non-residential is established in the documents. This may entail bringing the responsible persons to administrative responsibility.
To carry out commercial activities, it is necessary to apply with an appropriate application and documents confirming the ownership of the premises to the authorized state bodies. When a satisfactory technical condition is established, registration of a new status of a real estate unit in the Federal Register is required. Such actions are carried out only if it is permissible to transfer the residential premises to a commercial fund.
The status of the area as commercial or service is established, including when the units are separated from an apartment building, if the following requirements of the property owners are met:
- Use exclusively for the purposes provided for by civil law - for the placement of shops, pharmacies, and other infrastructure.
- Carrying out activities that do 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.
- Maintenance of facilities in a normal sanitary-technical condition, which does not pose a threat to the environment and does not lead to pollution.
- Conducting work in compliance with fire safety rules.
- Closing the premises after 23-00 in accordance with the requirements for peace and order.
- Carry out repair work in compliance with the rights and legitimate interests of residents in accordance with the conditions specified in regional regulations.
- Install meters to control consumption and payments for housing and communal services.
- Participate in the adoption of decisions by the general meeting of owners of an apartment building, which includes non-residential premises, finance or carry out on their own the improvement of the adjacent territory related to non-residential premises.
The grounds for transferring living space to a non-profit fund are listed in Article 22 of the Housing Code of the Russian Federation. These include the absence of claims to the area of third parties, including citizens who have the right to inherit or receive property under other civil law transactions, an extract of all residents at the time of registration of ownership. Such actions are possible only if the area is not included in the residential area as a structural unit and is listed as capital, that is, it has a solid foundation in the form of a foundation, a floor and walls, an insulated exit.
The transfer of premises to non-residential premises is allowed under the following conditions:
- There is no isolated entrance if the area of the property is more than 100 sq. M.
- The building where the object is located is threatened with a collapse, is classified as an emergency or dilapidated, if it is recognized as such on the basis of a decree of regional authorities.
- The premises should 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 isolated room as a whole, individual rooms, for example, in an apartment or communal housing, is impossible.
- There should be no encumbrances on the object in case of submission of documents for transfer to non-residential when concluding a commercial lease agreement, arrest by order of a court or other authorities, in a pledge or mortgage.
Find out who owns a non-residential premises, plot, house or garage in three steps:
Commercial premises used by owners for business or business purposes should be distinguished from areas that are common areas in apartment buildings. These include elevators, technical areas, basements and attics, staircases, entrances, wheelchairs, economic units and other areas for which such a status has been established based on the decision of the owners of an apartment building or shared property, cooperative.
Such premises, even if they are created for the functioning of the entire building in common ownership, cannot be registered as non-residential. It is forbidden to maintain them as separate areas for commercial activities. Exceptional cases include the placement of services that are responsible for the maintenance and maintenance of the house - technical stations, elevator services, the use of working equipment for storing house repairs, cleaning the local area, etc. The placement of a non-residential facility should not create obstacles to the use of common house equipment in the form of electricity meters , water supply, landscaping and cleaning of the territory, other technical means.
Classification of non-residential premises
In practice, it has been accepted to subdivide areas according to their intended purpose. These include:
- Medical - as part of clinics and dispensaries, ambulance stations and hospitals, outpatient centers. They are fixed on the right of operational management for the placement of state and municipal institutions, property - with the private ownership of a company or citizens.
- Entertainment - for placing cinemas, clubs, parks.
- Utilities - to supply administrative units with gas, heat, water and electricity.
- Educational - for universities and schools, preschool institutions, established on a commercial or private basis.
- Industrial - for the arrangement of warehouses, workshops, laboratories in various fields of industry, etc.
The legislation establishes a clear list of grounds for qualifying a property as non-residential. It is possible to transfer the fund used for the residence of citizens into a commercial or official one, however, subject to a number of conditions prescribed in regulatory enactments.
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 specifically 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 carried out 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.
Dear Readers! Our articles talk about typical ways of solving legal issues, but each case is unique.
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 litigation, 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, Clause 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). It's 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 cadastre of real estate" includes information on 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 if necessary.:
- 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 a rule, it takes 1-2 days to prepare a technical opinion. 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, it requires certain knowledge and an algorithm of actions.
If you find an error, please select a piece of text and press Ctrl + Enter.
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.
Didn't find the answer to your question? Find out, how to solve exactly your problem - call right now:
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 an enterprise.
Types of industrial premises
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 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 considered.
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.
Ordering BTI documents from 5,000 rubles.
The rest of the prices for the types of services we provide are in the "Prices" section
Conversion 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 18 February 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 housing stock to non-residential ones, coordinating 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!
Types of living quarters:
HOUSE
- Multi-apartment residential building
- Individual residential building
- Blocked residential building
Type
residential buildings are distinguished:
- Gallery-type residential building
- Corridor-type residential building
- Sectional residential building
FLAT
- Flat
- Communal apartment
ROOM
Housing stock type
Types of housing stock, depending on the purpose of use:
- housing stock for social use
- specialized housing stock
- individual housing stock
- housing stock for commercial use
Types of residential premises of specialized housing stock
An exhaustive list of types of specialized residential premises is established in Article 92 of the LC RF
Types of housing stock, depending on the type of ownership of the dwelling:
- private housing stock
- state housing stock
- municipal housing stock
Definition of "dwelling"
What is living space?
Residential building an individually defined building is recognized, which consists of rooms, as well as premises for auxiliary use, intended to satisfy citizens' household and other needs associated with their residence in such a building.
Allocate multi-apartment, individual, blocked residential buildings
Residential apartment building- a residential building in which the apartments have common non-apartment premises and engineering systems ("Methodological manual for the maintenance and repair of the housing stock. MDK 2-04.2004" (approved by the Gosstroy of Russia).
Individual residential building- a detached residential building with no more than three floors, intended for one family (individual housing construction) (Decision of the Council of Deputies of the urban settlement of Shakhovskaya MO dated 10/29/2013 N 10/62 (as amended on 10/28/2014) "On approval of the Rules for Land Use and Development of the Shakhovskaya Urban Settlement, Shakhovsky Municipal District of the Moscow Region ").
Individual residential building- a single-family residential building intended for one family and having a house plot (Decision of the Council of Deputies of the urban district of Dzerzhinsky MO dated February 22, 2012 N 5/2 (as amended on November 28, 2012) "On the Regulation on Approving the Rules for Land Use and Development of the Municipal Formation" Urban district Dzerzhinsky "Moscow region").
Blocked residential building: A building consisting of two or more apartments, each of which has direct access to the adjacent territory (Order of the Ministry of Emergency Situations of Russia dated 04.24.2013 N 288 (as amended on 07/18/2013) "On the approval of the set of rules SP 4.13130" Fire protection systems. Restriction the spread of fire at the objects of protection. Requirements for space-planning and structural solutions "(together with" SP 4.13130.2013. Code of rules. Fire protection systems. Restricting the spread of fire at the objects of protection. Requirements for space-planning and structural solutions ").
Blocked residential building- a residential building with no more than three floors, consisting of several blocks, the number of which does not exceed ten and each of which is intended for one family, has a common wall (common walls) without openings with a neighboring block or adjacent blocks, located on a separate land plot and has individual access to the public territory (Decision of the Council of Deputies of the urban settlement of Shakhovskaya MO dated October 29, 2013 N 10/62 (as amended on October 28, 2014) "On approval of the Rules for land use and development of the urban settlement Shakhovskaya, Shakhovskaya municipal district of the Moscow region" ).
Blocked residential building- an apartment-type building, consisting of two or more apartments, each of which has direct access to the near-apartment area ("Guidelines for protecting the rights of participants in the reconstruction of residential buildings of various forms of ownership" (approved by Order of the State Construction Committee of the Russian Federation of November 10, 1998 N 8).
Residential buildings are distinguished by type:
Gallery-type residential building- a building in which apartments (or dorm rooms) have exits through a common gallery to at least two stairs ("Guidelines for protecting the rights of participants in the reconstruction of residential buildings of various forms of ownership"
(approved by the Order of the State Construction Committee of the Russian Federation of 10.11.1998 N 8).
: A building in which all apartments on the floor have exits through a common corridor to at least two staircases ("SP 4.13130.2013. Code of practice. Fire protection systems. Restricting the spread of fire at protected objects. Requirements for space-planning and structural solutions" (approved by the Order of the Ministry of Emergency Situations of Russia dated 04.24.2013 N 288).
Corridor-type residential building- a building in which apartments (or dorm rooms) have access to stairs through a common corridor ("Guidelines for the protection of the rights of participants in the reconstruction of residential buildings of various forms of ownership" (approved by Order of the State Construction Committee of the Russian Federation of November 10, 1998 N 8).
: A building consisting of one or more sections, separated from each other in the residential part by building structures without openings and having independent evacuation exits ("SP 4.13130.2013. Code of rules. Fire protection systems. Limiting the spread of fire on objects of protection. Requirements for volumetric -planning and design solutions "(approved by the Order of the Ministry of Emergency Situations of Russia dated 04.24.2013 N 288).
Sectional residential building- a building consisting of one or several sections ("Guidelines for the protection of the rights of participants in the reconstruction of residential buildings of various forms of ownership" (approved by the Order of the State Construction Committee of the Russian Federation of 10.11.1998 N 8).
Residential apartment
The definition of "apartment" is contained in part 3:
Apartment a structurally separate room in an apartment building is recognized, providing the possibility of direct access to common areas in such a building and consisting of one or more rooms, as well as premises for auxiliary use, intended to satisfy citizens' household and other needs associated with their residence in such a separate room ...
Definitions of the concept of "apartment" in the legislation
Residential apartment- living rooms, corridors, halls, kitchens, toilets, bathrooms, storerooms, internal vestibules, front lobbies ("Methodological manual for the maintenance and repair of housing stock. MDK 2-04.2004" (approved by the State Construction Committee of Russia).
Residential apartment- an isolated part of the building intended for one or more families.
Residential apartment on two levels- an apartment, whose living and utility rooms are located on two adjacent floors and are connected by an intra-apartment staircase ("Guidelines for the protection of the rights of participants in the reconstruction of residential buildings of various forms of ownership" (approved by Order of the State Construction Committee of the Russian Federation of November 10, 1998 N 8)
Definition of the concept of "residential apartment" in the literature:
Residential apartment- "a structurally separate complex functional part of a residential building or non-residential building with living quarters, intended and administratively recognized as suitable for permanent residence of citizens, which has a separate entrance from the street or from a common area and does not have functional parts (areas, volumes ) other apartments (common areas) "( Kichikhin A.N. Housing rights. Use and property: comments and clarifications / A.N. Kichikhin, I.B. Martkovich, N.A. Shcherbakov; Ed. I.B. Martkovich. M .: Jurist, 1997.S. 94.)
Communal apartment
Communal apartment- an apartment consisting of several residential premises (rooms) belonging to two or more users and (or) owners who are not members of the same family, on the basis of separate agreements, transactions, other actions provided for by legislation, jointly using auxiliary premises (common areas apartments) and engineering equipment in common areas ("Guidelines for the implementation in the EMERCOM of Russia of providing employees of the Federal Fire Service of the State Fire Service with a one-time social payment" (approved by the EMERCOM of Russia on 23.07.2015 N 2-4-87-27-25).
Communal apartment- an apartment that provides direct access to common areas in an apartment building and common areas in an apartment, consisting of several living quarters (rooms), in which two or more users and (or) owners who are not members of the same family live, on on the basis of separate contracts of social tenancy, lease, gratuitous use, concluded with the city of Moscow in accordance with the established procedure in relation to individual living quarters in an apartment (rooms), or on the basis of ownership of individual living quarters in an apartment (room) (Article 11 of the Law No. Moscow from 27.01.2010 N 2 (as amended on 28.12.2016) "Fundamentals of the housing policy of the city of Moscow").
Room
The definition of "room" is contained in part 4 of article 16 of the Housing Code of the Russian Federation:
Room a part of a residential building or apartment intended for use as a place of direct residence of citizens in a residential building or apartment is recognized.
Living room: living quarters for permanent residence in apartments, as well as temporary residence in hotels, boarding houses, holiday homes, campgrounds and other public buildings for temporary residence ("SP 137.13330.2012. Code of rules. Living environment with planning elements accessible to people with disabilities. Design rules" (approved by the Order of the State Construction Committee of December 27, 2012 N 119 / GS).
Types of housing stock depending on the purpose of use
Types of housing stock depending on the type of ownership of a residential premises
The Housing Code of the Russian Federation identifies the following types of housing stock:
- private housing stock- a set of residential premises owned by citizens and owned by legal entities;
- state housing stock- a set of residential premises owned by the Russian Federation (housing stock of the Russian Federation) and residential premises owned by the constituent entities of the Russian Federation (housing stock of the constituent entities of the Russian Federation);
- municipal housing stock- a set of residential premises owned by municipalities.
Dwelling and living quarters. Difference in concepts
The norms of a number of laws contain the concept of "dwelling", while the norms of the profile Housing Code of the Russian Federation, which regulates just housing legal relations, does not reveal such a concept, operating only with the concept of "living quarters".
Is there a difference in the concepts of "dwelling" and "dwelling" or can they be considered the same?
- The concept of "living quarters" and "dwelling" in civil law
- The concept of "home" in the practice of the European Court of Human Rights (ECHR)
- The concepts of "dwelling" and "living quarters" in literature
- Definition of the concept of "dwelling" in the law (in the Criminal Code of the Russian Federation and in the Code of Criminal Procedure of the Russian Federation)
- Which of the definitions of the concept of "dwelling" (given in the Criminal Code of the Russian Federation or in the Code of Criminal Procedure of the Russian Federation) should be applied in practice?
