In the past two decades, the country has taken leaps and bounds the formation and development of private enterprise. Along with this, premises originally used as residential premises are increasingly being used for business premises. This is especially true of apartments located on the ground floors of buildings. In cities, more and more often you can see houses in which the lower floors have completely gone under shops, cafes, offices, offices, salons and other objects. Naturally, before business entities purchasing apartments for commercial use, the question inevitably arises: "How to transfer a residential premise into non-residential?" The question is not at all simple, coupled with many formalities and permits from various authorities.
First of all, it is worth asking in which cases the refusal is justified by the norms of the housing code. For example, how to transfer a dwelling into non-residential if it violates the interests of other people who have rights to part of this area? Also, the transfer will not take place if access to commercial premises is impossible without the use of areas common with residential. You can not do this even if this apartment is used by the owner as the main housing. A negative answer will also be if the technical conditions of the house or apartment do not meet the standards for commercial premises.
In order to obtain permission to transfer to an uninhabited fund an apartment in a residential building, the first thing you need to do is contact the city administration (department) of architecture and urban planning. You will have to apply more than once, but the first visit will allow you to get recommendations about the necessary documents, approvals and generally all procedural issues. Next, you need to be patient and go through all the circles of the native bureaucratic hell. But the most unpleasant thing awaits the owner of the square at the very beginning of the journey. Before you move the living quarters into non-residential, you will need to go around “bowing” to all the residents of the house and get a notarized “don't mind” from them. It can hardly be expected that this process will take place painlessly. A few years ago, the order was different: permission was required only from the neighbors on the right, left and top. The new order has not yet taken root everywhere; somewhere else, the golden rule of agreement with the neighbors on the landing has been preserved.
Immediately before you transfer the living quarters to non-residential, you need to prepare the following documents:
- an application for the withdrawal of an apartment from the housing stock with an indication of the profile of future business activities;
- documents confirming the ownership of the apartment ;
- technical passport of the apartment;
- floor plan of the whole house;
- the consent of the neighbors.
Most often, the owner of the transferred area plans to redevelop the apartment. In this case, he should include in the package of documents and the procedure for redevelopment of premises. By the way, this moment will also have to be coordinated with neighbors in adjacent apartments. It is advisable to approve the new plan in BTI before transferring the residential premises to non-residential premises, having previously called the equipment to the house.
Further, permits from the sanitary and epidemiological station, fire safety authorities, gas and energy services must be submitted to the architecture department. It should be borne in mind that the cost of housing and communal services for non-residential premises differs from the cost in housing stock upward.
If after all appeals and expectations the owner is refused, he has every reason to go to court. Practice shows that often this path is the shortest in the procedure for removing premises from the housing stock to non-residential.