How to transfer an apartment in a non-residential room

How to transfer an apartment in a non-residential room

If the owner of residential real estate, such as apartments, wants to use it as a commercial premises (shop, pawnshop, hairdresser, office, etc.), then it is necessary to go through the procedure for the withdrawal of this room from a housing stock in non-residential. All these actions are determined and governed by the housing and urban-planning codes of the Russian Federation, as well as other regulatory documents of the state.

1
The premises belonging to the non-residential fund have a number of differences from the premises of the residential foundation:

  • residential premises must be isolated from other premises, real estate and be suitable for accommodation, i.e. must meet all sanitary and hygienic, fire, technical standards and rules applied to the residential fund;
  • non-residential premises are unsuitable for living, but have many uses of use (trade, office, industrial premises, etc.).

2
For the translation of the apartment from a residential in a non-residential fund, local governments are responsible. There is a certain sequence of actions and procedures in the process of changing the status of the room:

  1. Submit to local self-government applications for placing transfer, specify the address, the main characteristics of the room (floor, layout, general and useful area), the future purpose.
  2. Give into state registrations registered by the notary copy or originals of the right-point documents for an apartment, a technical passport, the plan of each floor of the house in which the apartment is located, as well as a project plan for an apartment in the status of a non-residential facility.
  3. Get a receipt with a list of accepted documents.
  4. The Special Commission of the Municipal Education is considering an application for the transfer of an apartment in a non-residential fund, conducts an inspection of the documentation provided, for this purpose it makes departure at the address of the premises.
  5. Local governments are obliged to convey the decision to coordinate or prohibit the transfer, indicating the reasons for refusal, in the interdepartmental commission.
  6. Within 45 days after submission of documents, the Interdepartmental Commission makes a decision, as notifies the owner of the apartment and adjacent to the residents.
  7. If the design documents do not need to redevelop or other actions, then a positive decision is the fact of the translation of the apartment from a residential foundation.
  8. Otherwise, after receiving approval, you can start redevelopment or reorganization.
  9. At the end of the design work, the Acceptance Commission reports their successful completion, which is a confirmation of the completion of the rendering of the apartment in a non-residential fund, to the accounting authorities of real estate facilities.

3
Requirements and conditions for approval of an application for the transfer of an apartment in a non-residential Foundation:

  • you can not translate one of the apartments in a non-residential foundation, but only a whole apartment;
  • in an apartment building, only those apartments that are on the first floor can be translated into a non-residential fund;
  • the ability to translate an apartment on the 2nd floor and above is provided in the case when all apartments on previous floors are already translated into a non-residential fund;
  • refuses to grant the status of non-residential premises to those apartments that are burdened with the rights of other individuals;
  • the apartment, claiming a translation into a non-residential fund, should be separate from residential buildings or the possibility of its equipment reflected in the project documentation;
  • be sure to agree with all neighboring tenants, as well as the resolution of the assembly of residents or similar bodies.

After awarding the apartment of non-residential premises, the owner assumes obligations to fulfill all the requirements and norms of various services: fire, sanitary, technical. For their non-fulfillment, a fine is imposed.

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