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Article 23. Procedure for transferring residential premises to non-residential premises and non-residential premises into residential premises

1. The transfer of residential premises to non-residential premises and non-residential premises to residential premises is carried out by a local government body (hereinafter referred to as the body carrying out the transfer of premises).

2. To transfer residential premises to non-residential premises or non-residential premises to residential premises, the owner of the relevant premises or a person authorized by him (hereinafter referred to as this chapter- the applicant) submits to the authority carrying out the transfer of premises at the location of the transferred premises:
1) application for transfer of premises;
2) title documents for the premises being transferred (originals or notarized copies);
3) a plan of the premises being transferred with its technical description (if the premises being transferred is residential, the technical passport of such premises);
4) floor plan the house in which the premises being transferred are located;
5) a project for the reconstruction and (or) redevelopment of the transferred premises prepared and executed in the prescribed manner (if the reconstruction and (or) redevelopment are required to ensure the use of such premises as residential or non-residential premises).

3. The body carrying out the transfer of premises does not have the right to require the presentation of documents other than the documents established by part 2 of this article. The applicant is given a receipt for receipt of documents indicating their list and the date of their receipt by the authority carrying out the transfer of premises.

4. The decision to transfer or refuse to transfer premises must be made based on the results of consideration of the relevant application and other documents submitted in accordance with Part 2 of this article by the body carrying out the transfer of premises no later than forty-five days from the date of submission of these documents to this organ.

5. The body carrying out the transfer of premises, no later than three working days from the date of adoption of one of the decisions specified in part 4 of this article, issues or sends to the address specified in the application to the applicant a document confirming the adoption of one of these decisions. The form and content of this document are established by the authorized Government Russian Federation federal executive body. The body carrying out the transfer of premises, simultaneously with issuing or sending this document to the applicant, informs the owners of the premises adjacent to the premises in respect of which the specified decision was made about the adoption of the specified decision.

6. If it is necessary to carry out reconstruction, and (or) redevelopment of the premises being transferred, and (or) other work to ensure the use of such premises as residential or non-residential premises, the document specified in Part 5 of this article must contain a requirement for their implementation, a list of other works , if they are necessary.

7. The document provided for in Part 5 of this article confirms the completion of the transfer of the premises and is the basis for using the premises as residential or non-residential premises, unless such use requires its reconstruction, and (or) redevelopment, and (or) other work.

8. If the use of a premises as a residential or non-residential premises requires its reconstruction, and (or) redevelopment, and (or) other work, the document specified in Part 5 of this article is the basis for carrying out the corresponding reconstruction and (or) redevelopment taking into account the reconstruction and (or) redevelopment project presented by the applicant in accordance with paragraph 5 of part 2 of this article, and (or) other work, taking into account the list of such works specified in the document provided for in part 5 of this article.

9. The completion of the reconstruction, and (or) redevelopment, and (or) other work specified in Part 8 of this article is confirmed by an act of the acceptance commission formed by the body carrying out the transfer of premises (hereinafter referred to as the act of the acceptance commission). The acceptance committee's act confirming the completion of the reconstruction and (or) redevelopment must be sent by the body carrying out the transfer of premises to the body or organization that carries out state registration of real estate in accordance with Federal Law of July 24, 2007 N 221-FZ "On State real estate cadastre" (hereinafter - Federal law"On the State Real Estate Cadastre"). The acceptance committee’s act confirms the completion of the transfer of the premises and is the basis for using the transferred premises as residential or non-residential premises.

10. When using the premises after its transfer as residential or non-residential premises, fire safety requirements, sanitary and hygienic, environmental and other requirements established by law must be observed, including requirements for the use of non-residential premises in apartment buildings.

Article 24. Refusal to transfer residential premises to non-residential premises or non-residential premises to residential premises

1. Refusal to transfer residential premises to non-residential premises or non-residential premises to residential premises is permitted in the following cases:
1) failure to submit documents specified in Part 2 of Article 23 of this Code;
2) submission of documents to the improper authority;
3) failure to comply with the conditions for transfer of premises provided for in Article 22 of this Code;
4) non-compliance of the project for reconstruction and (or) redevelopment of residential premises with the requirements of the law.

2. The decision to refuse to transfer the premises must contain the grounds for the refusal with a mandatory reference to the violations provided for in Part 1 of this article.

3. The decision to refuse to transfer the premises is issued or sent to the applicant no later than three working days from the date of such decision and can be appealed by the applicant in court.

Faced with the need to remove the premises from the residential stock and register it as non-residential (for example, in order to organize own business), many property owners fall into a “legal stupor”. Indeed, this task is not an easy one, but “he who walks the road can master it.” For those who decide to deal with it on their own, we have prepared step by step instructions transferring residential premises to non-residential premises - read right now.

What premises can be converted into non-residential buildings?

Before you begin the procedure for removing premises from the housing stock, familiarize yourself with the requirements and restrictions defined by law in relation to residential space that can be “reclassified” as commercial.

• The room must have a separate entrance/exit. If its square footage is more than 100 m², then it is also a spare one. It is not allowed to enter non-residential premises through the entrance; in this state of affairs, it will require redevelopment, with the installation of a separate entrance/exit.
• Only an entire property can be transferred to non-residential stock, without dividing it into shares or rooms.
• At the time of transfer, all persons previously living in the apartment must be discharged.
• The apartment should not be under encumbrances (collateral, arrest).
• If the object is located above the first floor, all premises below it must also have non-residential status.
• Transfers in rented houses for social use are excluded.
• It is not allowed to transfer residential premises to the non-residential category in emergency buildings.
• The premises must be equipped with proper engineering communications.

Difficulties with transferring an apartment to non-residential stock will most likely arise if it is located in a building registered for emergency events, cases civil defense. Likewise, if the building is considered an object of historical and cultural heritage.

By the way, according to Art. 17 of the Housing Code of the Russian Federation, residential premises are allowed to be used for commercial purposes if the entrepreneur’s activities do not interfere with people living nearby, does not violate the requirements for the premises, and he himself is officially registered in the apartment ( permanent place residence) and does not violate the rights of other citizens. At the same time, the apartment must comply with sanitary and epidemiological standards, and the house must not be dilapidated or in disrepair.

If the procedure for transferring residential premises to non-residential premises cannot be avoided, be prepared to carry out a series of actions described below.

The procedure for transferring residential premises to non-residential premises

The first thing you need to do is prepare a package of documents, which you will subsequently submit to the Property Management Department. An interdepartmental commission will review them and make a decision on the possibility of the operation.

So, what documents need to be collected?

• Floor plan with floor plan. You will receive it at the BTI, upon a previously completed request (power of attorney) from the Property Management Department. To obtain this power of attorney, submit to the Department the appropriate application, passport, and title documents for the apartment. And then, with a power of attorney, go to the Technical Inventory Bureau for an explanation of the floor plan of the premises.
• Technical passport of the apartment with floor plan. Also issued by the BTI.
• Conclusion of fire inspection. The document is drawn up in the Department of State Fire Supervision of the Ministry of Emergency Situations. After an examination that establishes the premises’ compliance with fire safety requirements and standards, you will be given a conclusion.
• Conclusion of Sanitary and Epidemiological Supervision(department of the Rospotrebnadzor Office). To obtain it, contact the SES. Upon written application, an employee of the institution will inspect the facility and issue an opinion on its sanitary condition.
• A certificate from the DEZ with information regarding the purpose of other premises located on the same floor as the apartment that is being removed from the housing stock. It is issued at the House Management (Housing Administration, Homeowners' Association).
• Documented consent of neighbors. Before moving an apartment apartment building to non-residential premises, it is necessary to hold a meeting of the owners of the remaining apartments (namely the owners) and obtain their written consent. To arrange an unscheduled meeting, contact your housing management company. Notification of neighboring owners must occur no later than 10 days before the event. The decision to transfer the premises is interpreted as lawful if at least half of the owners of neighboring apartments were present at the meeting, and at least two-thirds of them spoke in favor of the changes. The voting results are recorded in the minutes of the meeting.
• Technical report on the condition of the entire building where the apartment is located. Issued by the House Management (Housing Administration, Homeowners Association), on the basis of a written request, the passport of the owner of the property being converted into non-residential, documents confirming his rights to housing.
• An extract from the house register stating that there are no registered apartments in the apartment. You can get it at the passport office; the paper is valid for 2 weeks.
• Project of reconstruction/redevelopment of premises(if necessary). Ordered from an accredited design company.

When all the papers are finally collected, they need to be transferred to the Property Management Department. The package of the above documents is also accompanied by:

• application of the established form for transfer from residential to non-residential premises;
• applicant's passport;
• title documents for housing;
• constituent documents, if the applicant is a legal entity.

Based on the submitted documents, the Department commission makes a decision on the transfer of the premises. The maximum period for consideration is 45 calendar days. In case negative decision, if it is not justified or controversial, you can initiate an appeal in court. The most common reasons for refusal: incomplete documents, unreliable information, lack of consent of the owners of neighboring apartments.

Having received permission to transfer the premises to non-residential status from the Property Management Department, the cost of this transfer should be assessed at the Technical Inventory Bureau. To do this, submit an application (filled out in the BTI according to the sample) to the housing privatization department, and with it copies and originals of the following documents:

• applicant's passport;
• title documents for real estate;
• protocol (decision) of the interdepartmental commission;
• registration certificate of the apartment, floor plan of the building with explication;
• constituent documents if the applicant is a legal entity.

The cost of the transfer is determined by the commission of the department of privatization and housing management, and a protocol is drawn up indicating the amount. The difference in the price of the property (both residential and non-residential) is paid through the cash desk of any bank.

After you have managed to convert residential property into commercial property, it is important to note this fact in Rosreestr. Registration of ownership rights to property of the new format takes place at the branch of the Federal Registration Service, upon submission of the necessary documentation. Namely:

• applicant's passport (plus constituent documents, if it is a legal entity);
• protocol of the commission of the Property Management Department;
• protocol of the BTI commission;
• cadastral passport of the premises;
• receipts for payment of state fees.

On the appointed day, an employee of the Federal Registration Service will issue you a certificate of registration of ownership of NON-RESIDENTIAL premises. The procedure is over!

New status, same responsibilities

Now your real estate is assigned to a non-residential property, but this does not cancel the responsibilities and restrictions that appear in its “residential life”. So, as before, you will have to bear the costs of maintaining and repairing the house in which the premises are located, in proportion to your share in the common property. The property tax also remains, and even increased, compared to residential real estate (2% of the cadastral value).

You cannot make noise after 23.00, carry out repair or construction work on weekends and holidays, and on weekdays - do not start them earlier than 9.00, and do not finish later than 19.00. Don’t forget – people still live nearby.

If you have an apartment on the ground floor in a good area, then it can be used to open an office, beauty salon or store. However, in order to remove the apartment from the housing stock, you will have to face some difficulties. According to the head of the legal department of the MIC Group of Companies, Daria Pogorelskaya, it is possible to remove an apartment from the residential sector only if no one is registered in it and there is the possibility of a separate entrance. Also, no repair or reconstruction work should be carried out in the house.

No less important factor is also that the removal of an apartment from the housing stock can only be carried out with the written consent of the neighbors. In addition, housing cannot be converted into a collection point for glass containers or non-ferrous metals, a sauna, a bathhouse, a funeral agency, a dry cleaner, etc.

Transfer to non-residential property consists of several stages. The basis for transferring an apartment to non-residential stock will be its unsuitability for habitation. It is desirable that changing the functions of living space could improve housing and communal conditions or consumer services for citizens.

What documents will be needed before withdrawing an apartment from the housing stock? First, you must submit an application for the right to carry out reconstruction work on the premises. Secondly, you will need to have with you a package of documents that confirms ownership of the apartment, a certificate of purchase and sale of the apartment, the owner’s passport, a technical passport of the living space itself, a floor plan of the house, an explication plan, a project for refurbishment of the premises. Thirdly, you must fill out the Approval Certificate. And this is where you have to run. The act will have to indicate the conclusions of the Sanitary and Epidemiological Station, the fire service, and housing and communal services. Only when all the signatures have been collected will you be able to submit this act to the city hall.

After the city administration makes its decision, you should be checked by the following bodies: the city water utility, the heating networks department, the energy sales department and have your project approved by the Department of Architecture and Urban Planning.

But even at this stage all procedures do not end. You will need to contact the BTI with a request to measure the new premises. Then the State Commission approves an act according to which your apartment will be allowed to be used as a non-residential property. And finally, at the city hall you will receive permission to move the apartment into non-residential premises, and at the BTI you will be given a new plan.

Of course, the easiest way is to contact a company that transfers apartments to non-residential use. True, such a service is usually not cheap. Average cost is about 350 thousand rubles. Experts estimate the average rate for converting real estate into non-residential stock at $300 - $350 per square meter. Therefore, most often this service looks attractive to apartment owners in the city center. Meanwhile, despite the high cost of such an operation, contacting the company will help you save time and nerves.