Currently, the term "non-residential premises" is used quite often. Meanwhile, its clear definition in the domestic legislation there.
The gap in the norms leads to the appearance of a multitude of difficulties both for ordinary citizens and for entrepreneurs who want an apartment in move the apartment house to non-residential premises. Due to the lack of a clear definition, in practice illegal real estate transactions are often committed.
What is non-residential premises in a block of flats? Let's figure it out.
General information
Non-residential premises in an apartment buildingmust be distinguished from common areas. The key feature is the presence of non-residential premises of the rightful owner. Such objects are usually referred to commercial real estate. They are formed by transferring an ordinary apartment. at apartment building in non-residential premises.
Owners such objects are equal to the ownersapartments. Accordingly, they have the same rights and perform similar duties as neighbors. First of all, it concerns the cost of consumer services. Owner non-residential premises in an apartment building should pay as much as other apartment owners. At the same time, even those services that the subject does not actually use (for example, elevator, concierge) are included in the payment.
Requirements for non-residential premises in an apartment building
At the legislative level, there are a number of rules that must be followed by the owners of such facilities. These requirements are designed to protect the interests of other apartment owners in apartment building with non-residential premises.
In such premises it is prohibited to conduct activities entailing environmental pollution and the creation of an unfavorable sanitary and epidemiological situation. Simply put, in non-residential premises in a block of flatsYou cannot equip a public toilet or a hospital for patients with infectious diseases.
The object must comply with fire,sanitary and town planning standards. The room must have a separate entrance. The object should be located on the ground floor or above other non-residential premises.
If the room is equipped with a cafe or other catering facility, it should close no later than 23.00.
Normative base
Legal status non-residential premises in apartment buildings governed by various legal documents. The main one is the Constitution, which enshrines the right to private property.
Issues related to the operation of the commonproperty in MKD, are regulated in the Civil Code. Article 290, in particular, states that the owners of premises in apartment buildings have the right to share ownership of common premises, load-bearing structures, electrical, mechanical, sanitary and other equipment inside and outside their apartment, serving more than one premises. The legitimate owners cannot alienate their share in the right to such objects without transferring ownership of the dwelling.
In the LCD there are norms in accordance with which the transfer to non-residential premises. In an apartment building a reverse procedure is also possible.
The government decree of 2011 enshrines the right of non-residential property owners to use collective household reserves of the building.
Regulatory regulation of issues relating to the objects in question is also carried out in accordance with the acts of municipal and regional authorities.
Room dimensions
The area of the whole house includes the area of allapartments and common area. The latter includes elevators, staircases, basements, attics, etc. Their parameters are reflected in the technical passport, which is stored in the management company or in the HOA. 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 areas, the reduction factors are used.
Terms of transfer of a residential facility in non-residential premises
Some owners do not use their apartments for their intended purpose, that is, for living. Instead, they decide to transfer the objects to non-residential to get a stable income.
The legislation establishes a number of conditions for such a transfer.
First of all, the room must be equipped with a separate entrance. If its area exceeds 100 m2, then there should be a second, spare entrance.
A prerequisite is the absence of registered residents in the premises. Before transferring an object from it, it is necessary to write out.
There should be no encumbrances on the object. This means that the premises should not be pledged, mortgaged, long-term lease.
As mentioned above, the apartment should be on the ground floor or above other similar non-residential premises.
Prohibited the transfer of residential premises in non-residential emergency structures or buildings that should be demolished.
Another caveat - you can only translate the entire apartment as a whole. It is impossible to make non-residential one room in it.
The translation may be refused if the building belongs to the monuments of cultural and historical heritage.
Features of the procedure
If all the conditions specified above are met, it is necessary to assemble a package of documents. It consists of:
- Floor plan. It is issued in the BTI.
- The title document (certificate) for the apartment.
- Registration certificate and floor plan.
- If will be redeveloped non-residentialpremises in an apartment building, her plan is also provided. It must be approved by the authorized body that implements the control functions in the field of construction. In this case, the redevelopment is necessary to obtain the consent of the residents of the house.
- Statement. It is served in the appropriate state agency. In Moscow, for example, it is the Department of Property.
Documents, except the application, can be submitted in the form of notarized copies. The decision is made within 48 days (working). Failure can be challenged in court.
Nuances of the implementation of rights and duties
As already mentioned above, the rights of the owners of the premises (residential and non-residential) in the MFB are identical. This provision extends to the territory of common use.
The responsibilities of the owners cover the scopeutility payments. All owners must bear the cost of maintaining the total area, including the adjacent house. At the same time, the corresponding amounts will be charged even if the owner of non-residential premises does not use these territories.
Что касается прав, то в их число входит право voices at general meetings, as well as the opportunity to participate in the discussion and resolution of issues related to the repair, improvement, choice of management method, etc.
Utilities supply
The owners of non-residential premises in the MFB are given the opportunity to choose the most suitable option for them:
- Conclude contracts for the supply of services directly with service companies.
- Make an agreement with the management company or the HOA.
The list of services that can be supplieduser includes water, energy, heat, gas supply, sewage. However, they are provided in the same amount as other apartment owners.
The owners of non-residential parts of the building areresponsibility for the proper maintenance of metering devices (meters). Their damage, failure, must be promptly reported to the relevant service providers.
Transfer of non-residential facility in the dwelling
To change the object's purpose it is necessary:
- Contact the project organization to create a redevelopment plan.
- Collect a set of documents.It includes the title document, the minutes of the meeting of residents, the draft, the conclusion on the compliance of the object with the requirements established for residential premises, a copy of the passport.
To transfer the premises you need to writeapplication and submit it with the attached documents to the authorized authority. The answer will have to wait also 48 days. If the transfer is denied, this decision can be challenged within three months.
If the answer is positive, it is necessary to redevelop and issue a new registration certificate. Then you need to 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, carers, adoptive parents.
