Currently, the term "non-residential premises" is used quite often. Meanwhile, there is no clear definition of it in domestic law.
A gap in standards leads to many difficulties both for ordinary citizens and for entrepreneurs who want to transfer an apartment in an apartment building into a non-residential building . In the absence of a clear definition, in practice, often illegal transactions with real estate are made.
What is a non-residential premises in an apartment building ? Let's get it right.
General information
Non-residential premises in an apartment building must be distinguished from a common place. The key sign is the presence of a legal owner in the non-residential premises. Such objects, as a rule, are classified as commercial real estate. They are formed by transferring an ordinary apartment in an apartment building to a non-residential premises.
The owners of such facilities are equated with the owners of apartments. Accordingly, they have the same rights and perform similar duties as the neighbors. First of all, this concerns the cost of domestic services. The owner of non-residential premises in an apartment building must pay as much as the other owners of the apartments. Moreover, even those services that the entity does not actually use (for example, an elevator, concierge) are included in the payment.
Requirements for non-residential premises in an apartment building
At the legislative level, a number of rules are established that the owners of such objects must follow. These requirements are designed to protect the interests of other owners of apartments in an apartment building with non-residential premises .
In such premises it is forbidden to carry out activities involving environmental pollution, the creation of an unfavorable sanitary and epidemiological situation. Simply put, in a non-residential building in an apartment building , it is impossible to equip a public toilet or medical institution for patients with infectious diseases.
The facility must comply with fire, sanitary and urban standards. The room must have a separate entrance. The facility should be located on the ground floor or above other non-residential premises.
If the room is equipped with a cafe or other catering establishment, it should be closed no later than 23.00.
Normative base
The legal status of non-residential premises in apartment buildings is regulated by various legal documents. The main one is the Constitution, which enshrines the right to private property.
Issues related to the operation of common property in MKD are regulated in the Civil Code. Article 290, in particular, states that the owners of premises in apartment buildings have common ownership, supporting structures, electrical, mechanical, sanitary and other equipment inside and outside their apartment, serving more than one room, on the basis of shared ownership. Legal owners cannot alienate their share in the right to such objects without transferring ownership of the premises.
In the LCD there are norms in accordance with which the transfer to a non-residential premises is carried out . In an apartment building , the reverse procedure is also possible.
A 2011 government decree establishes the right of non-residential property owners to use the collective domestic reserves of the structure.
Normative regulation of issues related to the objects under consideration is also carried out in accordance with acts of municipal and regional governing bodies.
Room Dimensions
The area of the whole house includes the area of all apartments and the common territory. The structure of the latter includes elevators, landings, cellars, attics, etc. Their parameters are reflected in the technical passport, which is stored in the management company or in the HOA. The calculation of the area is important in determining the amount of payment for utilities, in particular, heating.
The size of non-residential premises is formed from the areas of all internal sections. Balconies and loggias are not taken into account. When determining their area using reducing coefficients.
Conditions for the transfer of a residential facility to a non-residential premises
Some owners do not use their apartments for their intended purpose, i.e. for living. Instead, they decide to transfer the facilities to non-residential for a stable income.
The legislation establishes a number of conditions for such a transfer.
First of all, it is necessary to equip a separate entrance in the room. If its area exceeds 100 m2, then there should be a second, emergency entrance.
A prerequisite is the absence of registered residents in the premises. Before transferring an object, you must write out of it.
There should be no burden on the facility. This means that the premises should not be pledged, mortgages, long-term leases.
As mentioned above, the apartment should be on the ground floor or located above other similar non-residential premises.
It is forbidden to transfer residential premises to non-residential premises in emergency facilities or buildings that must be demolished.
Another caveat - you can only translate the entire apartment as a whole. You can not make uninhabited any one room in it.
The translation may be refused if the structure is a monument of cultural and historical heritage.
Features of the procedure
If all the conditions indicated above are met, it is necessary to collect a package of documents. It consists of:
- Floor plan. It is issued in the BTI.
- Title document (certificate) for the apartment.
- Registration certificate and floor plan.
- If redevelopment of non-residential premises in an apartment building is carried out, then its plan is also provided. It must be approved by an authorized body that exercises control functions in the field of construction. At the same time, it is necessary to obtain the consent of the residents of the house for redevelopment.
- Statement. It is submitted to the relevant government agency. In Moscow, for example, it is the Property Department.
Documents, in addition to the application, can be submitted in the form of copies certified by a notary. The decision is made within 48 days (workers). Denial can be challenged in court.
The nuances of exercising rights and fulfilling obligations
As already mentioned above, the rights of owners of premises (residential and non-residential) in the MKD are identical. This provision applies to common areas.
Obligations of owners cover the field of utility bills. All owners must bear the costs of maintaining the common territory, including adjacent to the house. In this case, the calculation of the corresponding amounts will also be carried out if the owner of the non-residential premises does not use these territories.
As for the rights, these include the right to vote at general meetings, as well as the opportunity to participate in the discussion and resolution of issues related to repair, improvement, the choice of management method, etc.
Utility Supply
The owners of non-residential premises in the MKD are given the opportunity to choose the most suitable option for them:
- Conclude agreements on the supply of services directly with service enterprises.
- Make an agreement with the management company or HOA.
The list of services that can be delivered to the user includes water, energy, heat, gas, sewer. Moreover, they are provided in the same amount as other apartment owners.
Owners of non-residential parts of the building are responsible for the proper maintenance of metering devices (meters). Their damage, failure must be notified in a timely manner to the suppliers of the relevant services.
Transfer of a non-residential object to a residential building
To change the purpose of an object:
- Contact the design organization to create a redevelopment plan.
- Collect a set of documents. It includes the title document, the minutes of the meeting of residents, the project, a conclusion on the compliance of the facility with the requirements established for residential premises, a copy of the passport.
To transfer the premises, you must write an application and submit it with the attached documents to an authorized authority. An answer will also have to wait 48 days. If the transfer is refused, within three months this decision can be challenged.
If the answer is yes, it is necessary to redevelop and issue a new data sheet. Then you should make changes to the register of real estate, get a certificate of ownership.
If the owner of the premises is a minor, all actions on his behalf are performed by legal representatives. They can be parents, guardians, trustees, adoptive parents.