The activities of business entities are now increasingly being organized in residential buildings. Entrepreneurial work on premises that can serve as apartments is prohibited by applicable laws. The use of housing for office is possible only after a series of procedures. The solution to these issues is regulated by legal documents. In order for the office to be accommodated in the apartment, it is necessary to transfer the living space to non-residential. Documents that allow you to start this process can serve:
- decisions taken by state bodies, including courts;
- decisions of bodies related to the local government system ;
- various types of contracts, for example, social loans;
- decisions of apartment owners and other types of transactions.
The transfer of residential to non-residential premises is regulated by the Code. This document establishes certain requirements for the conditions existing in apartments in order for them to acquire office status. Article twenty-two of the LC RF defines the main points, in the presence of which the transfer of residential premises into non-residential is possible. They are:
- lack of ownership of the apartment ;
- the existence of a separate access room;
- finding an apartment not higher than the first floor;
- eviction of citizens (if they have a social contract of employment) with the provision of comfortable housing;
- establishing the unsuitability of the apartment for living.
In order for the procedure for changing the status of an apartment to be carried out, all the above conditions must be met. The transfer of residential premises into non-residential premises in a number of certain cases is permitted upon fulfillment of the reservation specified in the second paragraph of article seventeen of the RF Housing Code. It allows you to arrange an office in the apartment while maintaining the rights of other fellow citizens guaranteed by law. At the same time, the requirements of the standards for residential premises must also be observed.
If after submitting a package of documents to a state organization dealing with issues of changing the status of apartments, the issue is resolved positively, then a notification about this procedure is the basis for opening an office. A local government may require redevelopment or other indoor work. In this case, all instructions will be contained in the issued notice. This document for this scenario will only perform an intermediate function.
The first paragraph of article 24 of the RF LC indicates cases where it is possible to refuse to classify an apartment as a non-residential fund. These include:
- failure to submit the necessary package of documents;
- a solution to the issue not at the place of the territorial location of the apartment;
- non-compliance with the requirements of Article twenty-two LCD of the Russian Federation, for example, the lack of the possibility of a separate entrance in the device.
In everyday life, cases often arise when the transfer of non-residential premises to residential is required. This procedure is also regulated by the RF LCD. The third chapter is devoted to this problem in the legislative act.
The procedure for transferring residential premises to non-residential premises is explained in article twenty-two. The conditions for changing the status are:
- lack of property rights;
- availability of separate access;
- Compliance with the norms and standards developed for residential premises, after necessary repairs and redevelopment;
- recognition of the premises as suitable for living.
The apartment must comply with environmental, sanitary, fire and other requirements, in accordance with regulatory legal acts.
The transfer of premises to housing may be refused if at least one of the above conditions is not met.