Transfer of electricity from non-residential to residential premises. How to transfer a non-residential premises to a residential one

Regardless of the type of real estate and the fund to which the building belongs, the house may contain premises that are not intended for living. These can be rooms reserved for a warehouse, shop, office, etc. Owner non-residential premises has the right to use it for its intended purpose. He can also convert it into an apartment and transfer such a property to the housing stock.

If the owner equips a non-residential premises for an apartment and puts it in order taking into account all the norms for living, then it will still be impossible to live in it until the premises are re-registered as a housing stock. If these conditions are not met, the owner will not be able to register on such a living space either permanently or temporarily. Also, you cannot make legal transactions with real estate, since the sale, exchange, rent and other procedures will be prohibited. This can be solved only by transferring non-residential premises to the housing stock, preparing the necessary documents for this and submitting them to local governments.

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Existing restrictions

Before proceeding with the transfer of non-residential premises into the housing stock, you need to know how this procedure goes. Housing Code Russian Federation establishes certain restrictions regarding the change in the status of the fund to which the real estate belongs. This means that not all objects can be redesigned.

It is possible to highlight the conditions and procedure for transferring real estate to the housing stock:

• A citizen who has expressed a desire to make the transition of non-residential premises to the housing stock is the owner of the property and has documents confirming this. The tenant cannot change the status of the premises, even if the lease is perpetual. In this case, the house should not be pledged, that is, the loan must be paid in full;
• Non-residential premises must be refurbished, meet technical and sanitary standards, as well as safety rules;
• The house must be located within the city or residential area, which has infrastructure and communication systems;
• The room must not be damaged.

Preparation of documents

The transfer of non-residential premises to the housing stock depends on the decision of the commission of local authorities, to which documents are submitted for consideration. After studying all the submitted documents, a decision will be made whether to allow or prohibit such a translation.

For the consideration of the commission, it is necessary to prepare and submit:

Where and how to apply

The application and the documents attached to it can be submitted to the City Property Department, to the Multifunctional Center or to the official state portal of municipal services in electronic form.

The employee responsible for receiving the documents is obliged to issue a receipt for their receipt. This document contains the date of receipt of documents, initials and signature of the responsible employee. A time is also assigned when it will be possible to learn about the decision. The term for consideration of the application should not exceed forty-eight working days.

In case of a positive decision of the commission, the owner will be issued written permission for the transfer of non-residential premises to the housing stock. In case of a negative decision, the refusal must also be given to the owner in writing, indicating the reason. During three months it can be challenged in court.

The permission to transfer and change the status of the property is the basis for obtaining permission to carry out redevelopment. After its completion, the owner receives an act, on the basis of which the premises will be converted into a residential building.

Litigation

Having been refused legal and individuals who are not direct owners do not have the right to challenge the decision in court. The court will not consider such a claim. Also will not be satisfied statement of claim if the refusal was received due to the fact that the translation does not meet the requirements, technical characteristics, sanitary standards or will lead to a structural violation, putting the whole house in danger.

Before going to court, the owner must contact the local government with a request to reconsider the illegal refusal. If such an appeal does not give results, you can go to court, having copies of all letters to government agencies with you.

A refusal to change the fund may be received due to the absence of any documents or non-compliance with all requirements. A repeated visit to local governments can resolve this issue by completing the missing documents and eliminating the shortcomings, which will be pointed out by specialists.

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You can only if the premises belong to you by right of ownership and are not encumbered with the rights of other persons (for example, by virtue of loan agreements, leases, etc.).
In addition, the transferred premises must meet the requirements for living quarters, or it must be possible to bring the premises into compliance with such requirements (clause 4 of article 22 of the RF LC).
Only if the above conditions are met, you will be able to agree on the translation.
To agree on the transfer of non-residential premises to residential premises, we recommend adhering to the following algorithm.

Step 1. Prepare the project of reorganization (redevelopment) and issue the consent of the owners to carry it out.
Reorganization and (or) redevelopment of the premises may be necessary to fulfill the sanitary and epidemiological, hygienic and fire safety requirements for the future living quarters. To do this, it is necessary to prepare a reorganization (redevelopment) project: independently or in an organization (with an individual entrepreneur) that provides such services.
If the reorganization (redevelopment) affects part common property owners of premises in an apartment building (for example, dismantling a separate entrance), then it is necessary to obtain their consent in the form of a decision of the general meeting (clause 2 of article 40 of the RF LC). The decision is made in the form of an extract from the minutes of the general meeting of owners.

Step 2. Prepare a package of documents:

• application for the transfer of non-residential premises into residential premises in duplicate;
• title documents for the premises;
• BTI documents (floor plan, floor plan of the house in which the room is located, explication);
• the project of reconstruction or redevelopment of the premises (if necessary);
• a power of attorney, drawn up in the prescribed manner, in the case of a request from the applicant's representative (clause 2 of article 23 of the RF LC).

You have the right not to receive BTI documents, as well as documents of title, if the rights to the premises are registered in the Unified State Register, - in this case, the bodies responsible for the approval of the translation are obliged to request these documents (clause 2.1 of Article 23 of the RF LC). However, practice shows that in order to save time, the applicant is advised to collect the documents on his own.

Step 3. Submit the package of documents to the local government body, which is coordinating the transfer of non-residential premises into residential ones, and receive a notification.
In Moscow, this function is performed by the Department of Housing Policy and housing stock on the principle of "one window" (Decree of the Government of Moscow dated 05.15.2007 N 382-PP).
You can submit documents to the local government in person or through an authorized representative. You can also submit documents through the multifunctional center for the provision of public services (MFC) (clause 2 of article 23 of the RF LC). You can find out about the nearest MFC at your local government office or on the Internet.
You should be given a receipt (extract from electronic journal registration) that you have submitted documents (clause 3 of article 23 of the LC RF). The term for consideration of documents is no more than 45 working days (clause 4 of article 23 of the LC RF). The local government examines documents free of charge.
If the transfer is approved, the local government will give you a notification about the transfer of non-residential premises to residential. If approval is denied, you will be given a notice of refusal to transfer non-residential premises to residential premises (clause 5 of article 23 of the RF LC).

Step 4. Carry out the reconstruction (redevelopment) of the premises and receive an act of the acceptance commission.
If work is needed on reorganization (redevelopment), which should be indicated in the notification, then the end of the transfer of the premises is the act of the acceptance committee on the completed reorganization and (or) redevelopment of the residential / non-residential premises, which is approved by the local government (clause 8 of article 23 ZhK RF).

Step 5. Get BTI documents for the changed premises.
BTI documents for the translated premises (technical passport for the premises, floor plan of the house in which the translated premises are located, and explication) will be needed to obtain a new certificate of ownership of the translated premises (or extracts from the Unified State Register of Rights). The term for obtaining BTI documents is 10 days. The cost of services for issuing documents depends on the characteristics of the premises and requires clarification in the BTI at the location of the premises.

Step 6. Submit a package of documents to the territorial branch of Rosreestr and get a new certificate of ownership of the transferred premises or an extract from the Unified State Register of Rights (clause 1 of article 14 of the Law of 21.07.1997 N 122-FZ).
You need to submit to the territorial department of Rosreestr at the location of the transferred premises (clauses 1, 2, 4 of article 16 of the Law of 21.07.1997 N 122-FZ):

• statement;
• passport or other identity document;
• if documents are submitted through a representative - power of attorney (original and copy).

Pay the state duty in the amount of 200 rubles. (Clause 33, Clause 1, Article 333.33 of the Tax Code of the Russian Federation).

Note. The submission of a document confirming the payment of the state duty together with an application for state registration is currently not required. However, you have the right to submit this document on your own initiative, since if information on payment of the state duty is absent in the State Information System on State and Municipal Payments and the document on payment of the state duty has not been submitted, the documents required for state registration, after 18 calendar days from the moment they are received, they are returned to the applicant (clause 4 of article 16 of the Law of 21.07.1997 N 122-FZ).

Additionally, you can (but are not required) to submit documents to the BTI (technical passport, floor plan of the house). If you do not do this, the territorial department of Rosreestr is obliged to independently request these documents from the BTI.
The term for issuing a certificate is 18 calendar days from the date of receipt of the application and required documents(clause 3 of article 13 of the Law of 21.07.1997 N 122-FZ).

Note!
As the owner of the premises (residential or non-residential), you are obliged to pay property tax for individuals.

Re-registration of non-residential premises into residential real estate has a clear procedure, the observance of which makes the transfer completely legal and lawful. About what articles of the law regulate the transfer to residential premises, what documents will be needed and what restrictions exist in the decision this issue- read in our article.

Today, many are wondering how to transfer non-residential premises into residential ones, as a rule, this is due, first of all, to the emergence of an opportunity to increase living space. Various commercial premises (retail, warehouse, industrial, outbuildings, social facilities, etc.), as well as country houses and other buildings erected on land intended for use, are subject to transfer to the housing stock. The lack of official registration of the transfer of a non-residential object into a residential stock will not allow the owners of the premises to carry out any registration actions, as well as perform any actions related to the alienation of property (donation, / land, etc.).

The procedure for transferring premises from non-residential premises to residential ones is determined by the housing legislation of the Russian Federation, the procedure for transferring premises into residential premises is directly regulated by Art. 22 LCD RF.

Restrictions for transfer to residential premises

According to Russian legislation, residential premises are considered to have the status of isolated and meet all sanitary-epidemiological and fire-technical standards necessary for human habitation. Accordingly, the premises transferred to the housing stock, in addition to sufficient living space, should have auxiliary rooms in the layout to meet the household needs of residents (bathroom, kitchen). A detailed list of technical requirements that the future housing must meet is listed in section II of the Regulation adopted by the Decree of the Government of the Russian Federation No. 47 (as amended on January 28, 2006).

Non-residential premises subject to transfer from non-residential stock to residential ones must be free of any encumbrances, not subject to collection, arrest or mortgage. Also, the status of non-residential premises cannot be transferred to the status of residential premises if it belongs to a physical or legal entity under the terms of ownership or mortgage for a specified period.

At the same time, the list of restrictions that may affect the final result of the transfer from non-residential to residential stock includes the following requirements and conditions:

1. The premises must be part of a real estate object located on a zoned residential area equipped with all engineering and technical communications.
2. Everything bearing structures the future residential building must strictly correspond to the operational state, not have any cracks and deformations, which in the future could pose a danger to life.
3. All communication systems in the future dwelling should be located in accessible places, but without the risk of injury to residents.
4. The future living space must be equipped special systems protection against leaks of domestic water, as well as melt and rainwater.
5. The living quarters must be fully equipped with utilities, including power grids, a ventilation system, heating, gas and water supply that meet sanitary and technical safety standards.

If it is necessary to re-plan or reconstruct the premises to meet the above requirements, all work must be carried out before the application is submitted to the relevant authorities for the transfer of non-residential premises to housing. According to clause 43 of the said Regulation, the selection committee assesses the condition of the premises upon inspection.

According to the norms of the Land legislation of the Russian Federation, the transfer to residential premises of summer cottages located outside settlements on agricultural lands is not allowed.

Where to apply with an application for the transfer of non-residential premises to the housing stock

Local self-government bodies are engaged in the issues of re-registration of the status of non-residential premises into residential ones. In large-scale cities, you can apply to the territorial administrations, the Office of the Housing Fund of the Department of Municipal Property, the Department of Municipal Services, in small towns - to the district and executive bodies. In particular, in Moscow, these issues are considered in the Department of Design and Approvals and the Department of Housing Policy and Housing Stock.

Documents required for the transfer of non-residential premises to residential premises

According to clause 2 of article 23 of the Housing Code of the Russian Federation, the list of documents that the owner must provide in order to transfer the premises from the non-residential fund to the residential one includes:

1. Application for the transfer of non-residential premises to residential premises on behalf of the owner of the premises.
2. Originals or notarized copies of documents confirming ownership of this premises (certificate of state registration, cadastral passport).
3. Technical floor plan with detailed description floor plan of the house (in case the house is multi-storey).
4. The project of redevelopment or reconstruction of the premises, if this need takes place in order to comply with the established requirements for the living quarters.

If there is state registration of the right to build a real estate object in the Unified State Register, it is enough for the applicant to provide only an application and a redevelopment project to process the transfer of a non-residential premises into a residential one.

A package of documents, if necessary, clarification separate moments, can be supplemented by the applicant at the request of the competent authorities (for example, the conclusion of the design and survey organization may be required for compliance with the urban planning requirements of the bearing and enclosing structures of the transferred premises).

The documents are accepted by a specialist with the issuance of a receipt to the applicant for the acceptance of the package of documents for consideration in full and indicating the date of admission. The period for consideration by the commission of the issue of transferring non-residential premises to residential premises is 45 days from the date of acceptance of the documents (clause 4 of article 26 of the RF LC). Further, within 3 days, the applicant must be notified of the adoption of a positive decision or refusal in this procedure. Note that if a negative decision is received, the refusal must be motivated with references to the relevant conditions and requirements.

Transfer to residential premises may be refused for the following reasons:

• failure to provide additional required documents;
• if the documents were sent incorrectly, that is, not to the competent authority;
• if the room does not meet the technical requirements, in accordance with the above Regulation.

In case of unmotivated refusal, as well as disagreement with the decision, the owner of the premises has the right to go to court.

In Russia, more and more often there is a need to assign a new residential status to their real estate. These are mainly retail, warehouse or summer cottages. This process possible, subject to the following requirements:

• The right of owner should be owned by only one person, without encumbrance of the rights by third parties (for example, acting mortgage agreement, rent, etc.).
• The room must meet the standards for living quarters.

If for some reason the real estate has inconsistencies, they must be eliminated and only then proceed with the paperwork. In this article, we will consider 5 main stages on the way to the cherished goal.

How to convert a non-residential premises into a residential one - project

According to the requirements set out in the Housing Code of the Russian Federation, a residential facility must:

• Have window and door openings - be insulated.
• Suitable for permanent residence - have capital walls, strong foundation(for summer cottages), electricity, heating, water supply and sewerage.
• Comply with hygienic, fire and technical regulations.

If redevelopment or major overhaul is required to comply with these requirements, a project must be prepared in advance. It is allowed to create the document yourself, but it is better to contact the appropriate specialist for the execution of the work. If, during the work, it is planned to affect common property (for example, the installation of your own front door in an apartment building), in addition to the project, you need to attach unanimous approval from all residents in the form of a protocol drawn up at a general meeting of article 40, part 2 of the Housing Code of the Russian Federation

How to convert a non-residential premises into a residential one - documents

The renewal process ends with the receipt of new documents in Rosreestr. To the right supporting documents, you need to attach an act, with the conclusion of the commission on the assignment of a new status. To obtain it, you need to contact the authorized administrative body. As a rule, these issues are dealt with by the City Property Department, or the MFC. To consider your object, you need to prepare the following documentation:

• Application requesting the transfer of non-residential property to residential property.
• Original and copy of the copyright holder's passport.
• Title deeds confirming property - the original of the certificate or a copy certified by a notary.
• If redevelopment is planned, you need to provide a prepared project.
• The conclusion of the inspection from the inspectors of the SES, housing services and fire safety.
• If the owner is minor child, you will need permission from the guardianship authorities, a birth certificate and a certificate of place of registration.

Depending on local laws, it may be required additional information- a floor plan in the form of a graph - a diagram with an accurate technical specification, an extract from those passports, an extract from the USRN.

How to transfer a non-residential premises into a residential one - submission of documents

After submitting the documents to the authorized body, you must be given a receipt with a list of the accepted documents. According to the law, the waiting time for the final decision should not exceed 45 calendar days. When contacting the MFC, the period may increase by 7-10 business days.

After the meeting of the housing commission, the applicant must be invited to receive the act by registered notice, or by phone call. If you were refused - feel free to go to court. You can file a lawsuit no later than three months after receiving a negative answer.

How to transfer a non-residential premises into a residential one - obtaining an act

When the translation is agreed, the owner must carry out the renovation of the premises, according to the submitted project. After that, you need to contact the BTI and invite admissions committee, for routine inspection... Within 10 days, employees must prepare a new act, which will be a confirmation that all work has been completed and the housing is ready to acquire residential status.

How to transfer a non-residential premises into a residential one - obtaining new documents

With the received act, you need to contact the BTI again and issue a new technical passport and a floor plan of the house. The transfer procedure ends with the receipt of a certificate with the assigned residential status at the MFC or Rosreestr.