What you need to know to open a business on the first floors of a residential complex. Non-residential premises in new buildings and residential buildings Non-residential premises on the ground floor of a residential building
The ground floors of Russian new buildings have long been uninhabited. In many microdistricts (and in all new buildings), enterprises have been opened on the ground floors that are focused on providing services and selling goods to local residents.
The editors of RBC Real Estate asked experts about prices, as well as how to rent non-residential premises in new buildings.
How much does it cost to rent/purchase non-residential premises in new buildings in the Moscow region
The cost of renting or selling non-residential premises depends on many factors. “This is the geographical location of the object (Moscow, Moscow region), the location of the premises in the microdistrict relative to the flow of people and transport (inside the building, on the first line near the main road),” lists Anton Melnikov, head of the commercial real estate department of PIK Group. “Of course, the rates "Rents are higher for first-line premises. Rates are also affected by the presence of restrictions in the premises regarding the location of the sales area and storefront."
Partner, leading consultant of the Magazin Magazin company Marina Markova gives average rental rates for non-residential premises in new buildings in the Moscow region: “If we take an average area of 100 sq. m, the rental rate will be 500-700 dollars (16-23 thousand rubles) per 1 sq. m.,” says the expert.
The cost of purchasing premises is different. “In the market as a whole, the cost of premises for street retail in new buildings in Moscow is in the range from 150 thousand to 500 thousand rubles per 1 sq. m per year, in new buildings in the Moscow region this figure is much less - from 50 thousand to 120 thousand . rubles per 1 sq. m per year,” Sergei Khoroshkov, general director of MIC-Development (MC MIC), gives average figures.
For example, in the Katyushki microdistrict (Morton development company), the rental rate for premises with a separate entrance is 800 rubles per 1 sq. m. m per month, including VAT (the microdistrict is located 12 km from the Moscow Ring Road). And in the new Solntsevo-Park microdistrict, which is located in New Moscow, a similar rental rate can reach 1.5 thousand rubles per 1 sq. m. m.
Rental rates for the objects of the PIK Group of Companies vary from 8 thousand to 60 thousand rubles per 1 sq. m. m per year. For the Moscow region, these figures are naturally lower and range from 4 thousand to 14 thousand rubles per 1 sq. m. m per year. The cost of selling non-residential premises in the objects of the PIK Group of Companies varies in Moscow from 120 thousand to 400 thousand rubles per 1 sq. m. m, and in the Moscow region - from 40 thousand to 120 thousand rubles.
Who do development companies want to see among the tenants of non-residential premises...
“The developer, as a rule, does not participate in the formation of the necessary set of commercial infrastructure in the area - unless it is a large-scale project involving accommodation of 5-7 thousand residents,” says Andrey Vasyutkin, head of the research and consulting department of the Magazin Magazin company. “Most non-residential premises on the market are not rented out, but sold - and the buyer (often a new resident himself) offers the space for rent. With such a scheme, it is difficult to maintain a unified commercial concept of the area's infrastructure that corresponds to the demand from residents. The scheme works: whoever pays the most wins tenant. Therefore, we are seeing frequent changes in signage on the first floors of new residential buildings."
“When selecting tenants for commercial space within the framework of projects of the MIC Group of Companies, the company is guided by the need to create within a particular residential complex a set of all goods and services necessary for life,” says Sergei Khoroshkov about the company’s policy. “In this way, we try to diversify social infrastructure facilities , provide everything you need for life - grocery stores, pharmacies, beauty salons and other social infrastructure facilities."
...and who are the residents themselves?
An interesting experiment in selecting tenants was carried out by the RegionDevelopment company on the territory of the Residential Quarter 9-18 project in Mytishchi.
“We tried at the initial stage of the project to think through the concept of infrastructure and invite our customers to independently choose exactly those objects for living that they need through online voting,” says Regiondevelopment General Director Olga Valchuk. “This allows us not only to create the necessary pool of our future tenants, but also to understand what exactly buyers want to see in our projects, to conduct a qualitative analysis of the necessary objects.
For example, during the voting it became obvious that residents do not need to have a full-fledged restaurant on the territory of the residential complex in which they live, but rather a small cafeteria for breakfast and brunch. Or, for example, a popular social infrastructure facility - beauty salons. The results of the voting showed that residents would like to have a spa service near their home where they can relax after a hard day or work week.
Tenants: network companies or private entrepreneurs
It is incorrect to say that developers and management companies give preference to network companies or private businesses, says Sergei Khoroshkov from MIC Development.
“Of course, preference is given to operators with accumulated experience and financial resources, and “networkers” most of all fit this description,” clarifies Anton Melnikov, head of the commercial real estate department of PIK Group of Companies. “Nevertheless, our team has no prejudices. Often the quality of services a non-chain tenant is many times better than a network tenant.”
Most residential neighborhoods are these standard houses, panel buildings. According to Marina Markova from the consulting company Magazin Magazin, in such areas, chain retailers do not tear off non-residential premises with their hands. For most network companies, they are simply not suitable in size and technical characteristics. Therefore, we are not talking here about who is “ready” to let in. The developer typically sells these premises to individuals who either make money from rent or develop small businesses there. Private entrepreneurs renting non-residential space in new buildings often live in the next entrance...
Modern new buildings are required to have non-residential premises that are not intended. They are mainly located on the first and ground floors of residential buildings. There are usually shops, beauty salons, bank branches, pharmacies and medical centers there. Less commonly, they house offices and representative offices, consumer services and other organizations and enterprises.
Such commercial space in new buildings can be owned by the residents of the building or belong to any other individuals or legal entities. Statistics say that about 80% of all non-residential premises in high-rise buildings belong directly to the residents of these buildings. This is due to the fact that only they understand most clearly what the demand for a certain type of business is in this particular area.
For example, in the capital’s Golden Mile area there is a new building, each resident of which owns some kind of non-residential premises with an average area of 70 sq.m. It is worth noting that the majority of people living there are businessmen, lawyers, representatives of show business and former officials. For organizing a business, non-residential premises in new buildings are considered ideal, which are located on the 1st floor, have a separate entrance, and electrical power at the rate of 0.2 kW per 1 sq. m. m. and ceiling height 3-3.2 meters.
Renting or owning?
If we directly consider the purchase of non-residential premises in a new building, it is important to decide whether the premises will be purchased in a building that has already been built and put into operation, or in a house still under construction. Of course, until construction is completed, the price will be 30-40% cheaper, for example, like in the Krepostnoy Val residential complex in Rostov-on-Don.
But in this case, there is a risk that if construction is frozen or even worse, the developer goes bankrupt, it will be practically impossible to get back the money invested. This is due to the fact that the law protects only shareholders purchasing housing, and the force of such a law does not apply to non-residential areas.
If you want to organize a business on the ground floor of a new building, you don’t necessarily need to become the owner of a certain territory. It is much easier to rent it.
Let's take, for example, a typical complex under construction in the Moscow region. The cost of rent for commercial space in it will cost about 1000-2000 rubles. for 1 sq. m. per month. Considering that repairs will cost around 10,000 rubles. per sq. m., it is not difficult to calculate the return on investment in renting space. Let's take 24,000 rubles for the estimated income. per year from each sq.m.
As a result, it turns out that in 4 years all expenses for repairs and rent will be fully recouped. And to buy non-residential premises in a new house in the Moscow region, you will need to spend from 50 thousand to 120 thousand rubles. for 1 sq. m. The cost of commercial real estate in Moscow will cost even more: from 150 to 500 thousand rubles. for 1 sq.m.
Non-residential premises in residential buildings
Modern new buildings are designed in such a way that on the first floors all premises are non-residential. However, before, houses were built differently and there were also apartments on the first floors. Now very often such apartments are transferred to non-residential stock, with the possibility of using them for commercial purposes. But to carry out the transfer procedure, it is necessary that the home meet certain requirements:
- The apartment must have a separate entrance, which will be isolated from the entrance to the entrance and staircases. If there is no such entrance, then it should be possible to equip it. Most often this is done from a window opening or balcony.
- This must be a completely isolated room that is not part of any whole facility.
- No one should be registered in such an apartment.
- The dwelling must be located on the first floor of a high-rise building. If this is the 2nd floor or subsequent ones, then transfer is possible only if all the rooms under this apartment are also non-residential.
More detailed information can be found in Art. 22 of the Housing Code of the Russian Federation.
Transfer from residential to non-residential
When transferring to a non-residential property, it may be necessary to redevelop the facility in accordance with fire safety requirements and sanitary standards. Consultation on how to do this should be obtained from the departments of fire supervision and Rospotrebnadzor. And regarding the organization of a separate entrance, you need to contact the body dealing with issues of urban planning and architecture. After developing the reconstruction project and obtaining all permits, it will be necessary to collect the following package of documents:
- Application for transfer.
- Legal documents.
- BTI documents.
- Redevelopment project.
It is important to note that BTI documents and title documents may not be provided if the premises are registered in the Unified State Register. Authorized bodies can independently request them from the relevant authorities.
The collected documents will need to be submitted to the Department of Housing Policy and Housing Fund. A receipt is issued regarding the delivery of papers. The period for reviewing documents is 45 days. After the decision is made, the applicant is issued one of the documents:
- Notice of consent to transfer premises from residential to non-residential.
- Notification of refusal of transfer.
The next step, if redevelopment is necessary, is to complete all the work and receive an acceptance certificate from the acceptance committee. And only then can you obtain a new certificate of ownership from the territorial office of Rosreestr.
Ground floor or attached room?
The sale of non-residential premises in new buildings includes the sale of objects occupying the ground floors, first floors or attached buildings. When choosing an option, it is very important to consider for what purpose the area will be used. Not every business can be located in a residential building.
For example, catering organizations can only occupy premises in residential buildings of no more than 700 sq.m., in which the number of seats does not exceed 50. They must have separate entrances and emergency exits, and the reception of products and raw materials can only be carried out from the end of the building. In addition, basements and semi-basements are not suitable for such enterprises.
According to the legislation of the Russian Federation, organizations located on the first floors of houses must not in any way disturb the peace of the residents of these houses.
Utility accounting
As for the payment of utility services by owners of non-residential premises, according to RF PP No. 307, the HOA for the owners of such objects is not the provider of utility services. In this case, the owner must independently conclude agreements with all resource supply organizations. The difficulty in this situation is that it is not always technically possible to supply services to such premises, separately from the residential premises of the building. It happens that you even have to transfer the output of communications to the meters that go to your home.
To summarize, we can say that if you want to organize your own business and for this you need to buy premises, then you should pay attention to non-residential facilities, so as not to have to deal with paperwork and redevelopment of the territory later. This is not to say that this is very difficult, but it definitely takes time and requires financial investments in the Sedov residential complex.
How to convert residential premises into non-residential ones.
A crisis, as we know, is a time of opportunity, one of which is opening your own business. If you need commercial space for this, then it’s time to take a closer look at non-residential premises on the first floors of residential complexes, since rent here is cheaper than in shopping or business centers. The ComEstate.ru portal decided to find out from experts how to avoid mistakes when choosing premises for small businesses on the territory of a residential complex.
What is not prohibited is permitted
Let's start with the fact that not all types of activities are possible on commercial space in residential buildings. One of the most important documents regulating restrictions on doing business in residential complexes is the version of the corresponding SNiP - (SP 54.13330.2011. Code of rules. Residential multi-apartment buildings. Updated version of SNiP 01/31/2003). Without delving into the legal subtleties, we can say that any activity that will cause inconvenience to residents is prohibited on the territory of the residential complex. You will not be able to sell chemicals, motor oils, rubber, carpets and fish in the residential complex, but a grocery store will not receive permission to operate around the clock, only until 11 p.m. Laundries and dry cleaners can only be opened as collection points. There is no place in residential buildings and factories, discos, X-ray rooms, clinical diagnostic and bacteriological laboratories, emergency rooms, funeral homes, etc. Catering establishments with a capacity of up to 50 people and an area of no more than 250 square meters. meters, with appropriate ventilation and fire safety, by the way, you can open it. But such establishments will also only be able to operate until 11 p.m.
The times when the market was growing with unsaturated consumer demand are, as we know, long gone. Accordingly, in order not to go down the drain, you need a clear business plan and marketing research. “Over time, the rating of demand for businesses in residential complexes may change,” says Maria Litinetskaya, managing partner of Metrium Group. - For example, in the first few years after the completion of a new building, while active settlement is underway, curtain salons and stores with building materials are in demand. Over time, when the bulk of the repair work is completed, such a business loses profitability in a particular residential complex. It’s being replaced by cafes, development centers, children’s stores, etc.”
Alexander Zubets, General Director of New Vatutinki LLC, agrees with Maria Litinetskaya: “At the stage of moving into a house, I advise opening a building materials store. Repair is not a simple matter, in which you constantly need to buy something in addition. Also, grocery stores and consumer services should be opened first in new buildings. In the second - hairdressers, beauty salons, travel companies.”
Director of the commercial real estate department at RRG Yuriy Taranenko advises focusing on the following figures: per 5,000 residents, 3 to 6 food stores, 5-6 beauty salons/hairdressers, 2-3 medical organizations (including dentistry), 2-3 educational organizations, 1-2 children's goods stores, a bank branch, one pharmacy.
Commercial premises from 5 sq.m. meters!
It is worth considering that a tenant of street retail premises built into residential complexes must often correlate the concept of their business not only with Russian legislation, but also with the owner of the premises, that is, the developer. Some large developers even say that under no circumstances will they sell non-residential premises in their residential complexes in order to be able to control the availability of infrastructure in their properties.
The owner of Ecooffice Group of Companies Andrey Kovalev notes that developers strive to be guided by market principles when designing commercial premises in residential projects. There is a proven toolkit for researching the target audience, competitive environment, etc., on the basis of which the developer makes a decision on the advisability of including certain functions in the project in certain volumes. However, the expert immediately makes a reservation: “this is an ideal, but in reality there are cases of serious discrepancies between the plan and the results - both due to errors made in the analysis and due to changes in the economic situation.
In particular, many new Moscow microdistricts are experiencing serious difficulties with the occupancy of such commercial premises. The reason often lies in the formal approach to studying the needs of both the residents themselves and the tenants of each specific profile (shops with everyday goods need premises with some characteristics, medical centers - with others, cafes and restaurants - with others, etc.)" . According to Andrey Kovalev, it is not uncommon for a project to include some abstract “workplaces” rather than areas with specific functions, calculated based on the composition and needs of future residents.
However, the crisis and the growing vacancy rate are forcing both residential real estate developers and owners of shopping and business centers to be more loyal and flexible. Head of commercial real estate at Morton Group of Companies, Yulia Koroleva, notes that Morton Group of Companies tries to take into account all the wishes and technical requirements of future tenants at the construction design stage, and can also offer various formats of commercial premises, for example, with an area of 5 square meters. meters.
In fact, meeting the tenant halfway is beneficial for the developer himself. “The trade and service infrastructure in residential complexes is a fairly strong tool with which a developer can, firstly, create an additional effective tool for housing sales; secondly, to improve the image of the project in terms of the comfort and convenience of its future residents; thirdly, to generate additional cash flow,” summarizes Polina Zhilkina, director of the strategic consulting department at CBRE.
Tell me who your neighbor is and I'll tell you what will happen to your business
The future tenant has the right to know about the developer's plans, even if he doesn't like them. Will it happen that, having launched a grocery store, a small business owner will find a competitor in a residential complex 100 meters away in six months?
Another rule that should not be neglected is that the infrastructure of a residential complex located next to a large shopping and entertainment center can and should be more modest than in a similar project, where it takes more than 10-15 minutes to get to the nearest large shopping center, says Polina Zhilkina.
But there are other pitfalls that Alexander Zubets talks about. Of course, location plays an important role for a grocery store. “It would be ideal if it would be on the “first line,” that is, as close as possible to the main flows of people,” says the expert. - In this case, it is worth contacting the developer and asking for a development plan for the territory of the complex. After all, it is absolutely not a fact that if today a store is located on a main road, then in two years, when the microdistrict may be completely built up, this same road will not turn out to be a secondary road and not so accessible.” Maria Litinetskaya also advises monitoring the surrounding area: “When choosing premises for commercial use, you should pay attention to nearby objects. For example, it would be appropriate to organize some kind of educational club next to the kindergarten. A pharmacy will be conveniently located near the clinic. If it’s a car wash, then you should open it at the entrance to a residential complex or next to the parking lot.”
Another important point that you should pay attention to when choosing a premises is whether the residential complex is fenced or not. A fenced area is a very serious limiting factor for potential tenants of commercial space, Polina Zhilkina is sure. To a lesser extent, this applies to “targeted” visits (beauty salons, medical clinics, fitness clubs), but for shops, cafes and small service enterprises, a fenced area can significantly worsen attendance indicators and, accordingly, revenue.
However, developers can, on the one hand, take into account the wishes of future new residents to live in an area closed from outsiders, and on the other hand, ensure that tenants of commercial space in their residential complexes attract “external” demand. “If the territory of the residential complex is fenced, there are two entrances - from the yard and from the outside, from the road and the street,” says Yulia Koroleva. “At the same time, we always take into account that the loading and unloading areas of stores and other necessary technical premises are located on the territory of the complex without harm to residents.”
Oksana Moiseeva, head of the commercial real estate department of the NDV-Real Estate company, notes that reducing traffic due to the fencing of the territory is not an obstacle to organizing the company’s representative office, showroom, medical and children’s institutions. Moreover, isolation can be an additional bonus, a wild card. “The fencing of the territory will not greatly affect the profitability of the business of beauty salons, hairdressers, and children's studios,” says Oksana Moiseeva. “And in the premium segments of these areas, a fenced area will even be a plus.”
But in general, the closed nature of the territory, as a rule, reduces rental rates for commercial space on the first floors of a residential complex by several percent compared to similar proposals in “open areas.” Rental rates depend on the location, area and format of the residential complex. “For a residential area, rates are at the level of 10 - 15 thousand rubles per sq. m. meter per year, for premises in the center they fluctuate in the range of 30 – 65 thousand rubles per sq. meter per year,” says General Director of MIEL-Commercial Real Estate Lena Serenko . The expert, by the way, speaks very categorically about opening a business on the territory of residential complexes: “It is better for a beginning entrepreneur without work experience not to open a business in premises in a residential complex, but to look for objects in an established retail zone where there is a synergistic effect.”
Competitors don't come here
Counterargument to words Lena Serenko expresses Alexander Zubets, noting that in the conditions of a residential complex, an entrepreneur can become the only one who offers a service in demand by residents, for which they would otherwise have to travel a certain distance, including by car or public transport. In particular, he says that due to the technical difficulties of placing cafes and restaurants on the ground floors of residential buildings (installing ventilation, organizing a kitchen, storing food), by opening a cafe on the ground floor, you can be out of competition for a long time. But, as they say, everyone chooses for themselves - a food court or a separately located cafe with no competitors at gunshot distance.
In any case, as Elizaveta Gudz, Deputy General Director for Analytics and Consulting at NDV-Nedvizhimost, clarifies, when choosing a premises, you need to pay attention to the characteristics of your business, the target audience, understand whether you need occupancy or a large display case, whether the premises allow for optimal layout, arrangement of equipment, furniture, etc. Moreover, obviously, there will be plenty to choose from in 2016.
In 2016, we will see an increase in vacant space, - Alexander Zubets is sure. - The economic crisis is not at all conducive to opening a new business. It is likely that some entrepreneurs will be forced to curtail their business and terminate their leases. Together with the emergence of new vacant space from developers, all this will increase competition among landlords. As a result, rates may be adjusted downward.” I agree with the expert and Lena Serenko : “The vacancy rate will definitely increase, which is associated with a decline in trade due to a decrease in the purchasing power of the population.” The expert notes that rental rates continue to decline, but not as noticeably as in 2015. On average, the discount is no more than 10-15%.
Elizaveta Gudz expects that in 2016 the trends of the previous year will continue: changes in consumer behavior, migration of tenants to more convenient locations that were previously “unaffordable”, renegotiation of contracts on more attractive terms - that is, the market will continue to look for an equilibrium state.
Given such forecasts, the most optimistic is the very cautious statement of Yuri Taranenko: “The level of vacancies in the segment will most likely remain high in 2016. Although in general its development will continue due to the opening of new catering establishments and grocery stores of various formats: coffee shops, stores selling alcohol, food products; pharmacies and so on."
A grocery store, hairdresser, dentist or beauty salon on the ground floor of a residential building seems to be convenient for residents and beneficial for entrepreneurs, but only if the premises for the business are rented correctly. The RIA Real Estate website learned about the intricacies of leasing commercial space on the first floors of new buildings.
Search for an option
A small business can rent commercial space not only from a private individual, but also directly from the developer. For example, some companies have entire structures that are directly involved in leasing such space.
It turns out that when searching for commercial premises for rent, you can turn not only to “private owners”, but also to large developers. Now, for example, in the Moscow region, there is enough supply on the market, says managing partner of Metrium Group Maria Litinetskaya.
Real estate agencies or public channels on the Internet, such as the Avito or CIAN databases, can also provide assistance, adds Elena Mishina, head of the commercial real estate department at Est-a-Tet.
Attractiveness of the place
“Before renting non-residential premises, you need to understand, in principle, whether it will be profitable at this moment in the “life” of the complex. Thus, the most in demand at any stage are grocery stores. In second place are household services: dry cleaners, hairdressers and pharmacies, in third — cafes and restaurants,” says Litinetskaya.
She adds that, of course, over time the rating of demand for businesses in residential complexes may change. For example, in the first few years, while active settlement is underway, curtain salons and stores with building materials become in demand. Over time, when the bulk of the repair work is completed, such a business loses profitability in a particular residential building. In its place are cafes, educational children's centers, children's stores and other establishments.
“In the case of street retail, the most important thing is to determine what the target audience of the enterprise is and whether the traffic of a given premises corresponds to it. First of all, it is important to assess the pedestrian flows of the premises, since this is the main source of clients for such objects in the middle price segment. Of course. , premises near the metro provide the highest traffic, but their rates are quite high,” says Mishina from Est-a-Tet.
According to her, it is enough that the object is located within the boundaries of dense residential development, has access to busy pedestrian streets, and it is good if there are points of attraction nearby, such as large supermarkets, universities, children's or sports institutions, which will generate an additional flow of customers.
Agree on terms
Negotiating a rental rate is a whole science, with many subtleties. “As a general rule, do not immediately agree to the rate voiced by the owner. It is best to study at least the competitive environment of the property or similar proposals in other areas and understand how the proposed rate corresponds to the market average. As a rule, this is the main argument in negotiations with a landlord who allows the price to be brought to market levels,” notes Mishina.
Mishina notes that a deposit in the amount of the monthly rental rate is a completely normal business practice, without which it is difficult to imagine concluding a contractual relationship; the landlord needs some kind of guarantees in case of termination or damage to the property.
“Another question is that you shouldn’t leave a security deposit for more than one month; it’s better to use this money for business development, and not “freeze” in this way,” she advises.
In addition, Mishina says that in 90% of cases, owners do not make repairs in such premises, since the range of possible tenants is wide, and it is difficult to predict what finishing, layout and engineering will be needed in a given case, comments Mishina.
Repairing a “bare” apartment in a new building on your own is akin to a feat. For those who are planning to implement it, the RIA Real Estate portal has prepared an infographic that will help you navigate the prices of basic materials and work.According to her, repairs are usually done by tenants, and the owners, taking into account the estimate, provide them with rental holidays, for example, for the period of repairs, rent for premises is not charged, usually it is 2-3 months, and then for about a year there are also preferential rates rent terms. As a rule, the noted amount is divided into equal parts by 12 months - the amount of the monthly rental discount is obtained.
“Firstly, it is unclear whether this enterprise will actually generate the planned income. Secondly, there is now no clear understanding of what the dynamics of rental rates will be in the future, and when concluding a short-term contract, the tenant will always have the opportunity to renew a new one, taking into account changed market conditions .
For the same reasons, the tenant should ensure that he can terminate the contract painlessly,” explains the Est-a-Tet expert. In particular, it is worth abandoning large security deposits in the amount of rent for one quarter, which will not be returned in case of early termination.
Field reconnaissance
Before renting a room, you should pay special attention to the mood of the residents of the house. The tenant, unfortunately, will never be able to protect himself 100% from conflicts with tenants, even in the case of an agreement with the head of the house. But he can collect the signatures of the owners, which will confirm their consent to conduct business in a particular residential building, says Mikhail Kazachek, director of the commercial department of the managing real estate agency Agency.net. .
“Sometimes owners rent out premises without warning the tenant that there was previously a hostel or grocery store here that did not operate according to standards, and that the tenants are initially biased and negatively disposed towards any business facility,” the expert notes. This is why it is so important to establish positive contact with residents before signing all contracts.
“If you are going to open a business on the ground floor of a residential building, you need to take into account the presence of the local area: keep it clean, follow parking rules, choose appropriate signs that will not disturb residents,” adds Kazachek.
Subtleties of the contract
A lease agreement for non-residential premises is always concluded by drawing up only one document; this is its main difference from those agreements on other transactions that can be concluded by exchanging some letters or faxes. Therefore, if the parties want to make any changes, they will have to draw up and sign an additional agreement, says Dmitry Malbin, lawyer at the YUST law firm.
The main issue when drawing up a contract, as a rule, is the correct individualization of the premises, that is, the necessary characteristics must be specified in the document: address and cadastral number, area of the premises. If at least one point is missing, the contract may be considered not concluded.
The contract must also contain a price. It can be determined in any way: either a fixed monthly rate or the cost per square meter.
At least 2/3 of the total number of votes of premises owners must vote “for,” Malbin clarifies. You can vote in absentia by sending out questionnaires to all owners and indicating the date by which they must be filled out and returned. In principle, you can simply go around the owners and sign their consent. But then it’s better to collect 100% “for” signatures. The fact is that this is a violation of the procedure, and if the placement of the sign is challenged by at least one owner in court, the tenant may be forced to dismantle it.
Date of introduction 2003-07-01
PREFACE
2. INTRODUCED by Moskomarkhitektura, MNIITEP.
3. PREPARED for approval and publication by the Department of Advanced Design, Standards and Coordination of Design Works of the Moscow Architecture Committee.
4. AGREED BY the Department of Consumer Market and Services, the Department of Support and Development of Small Business, the Department of Housing Fund and Housing Policy, the Moscow State Police Department of the Ministry of Emergency Situations of Russia, the Moscow Center for Sanitary and Epidemiological Safety, and the Moscow State Expertise.
5. ADOPTED AND ENTERED into force on July 1, 2003 by Decree of the Moscow Government No. 449-PP.
DEVELOPED FOR THE FIRST TIME
3. BASIC PROVISIONS
3. BASIC PROVISIONS
1. Add a new paragraph to clause 3.2 with the following content:
"The first floors in residential buildings (except for single-apartment and semi-detached residential buildings) should, as a rule, be non-residential for the placement of social and public service facilities, small businesses (taking into account Appendix 5 of MGSN 3.01-01), closed parking garages (taking into account requirements of MGSN 5.01-94 *), etc.
It is allowed to place on the first floors (taking into account the requirements of section 4 MGSN 3.01-01): specialized apartments for the disabled and elderly; apartments in residential buildings located in intra-block buildings."
SANITARY AND HYGIENIC REQUIREMENTS
2. Clause 3.8
"The duration of insolation in apartments and single-family residential buildings should be taken in accordance with SanPiN 2.1.2.1002-00."
3. The first paragraph of clause 3.9 should be stated as follows:
"Living rooms, kitchens, entrance vestibules to buildings, staircases and common corridors in corridor-type residential buildings and other premises in accordance with Table 1 of MGSN 2.06-99, as well as public premises in dormitories and specialized apartment residential buildings should have natural lighting for the elderly and families with disabilities."
4. The first paragraph of clause 3.19 should be stated as follows:
"When designing, constructing and reconstructing residential buildings, the average annual equivalent equilibrium volumetric activity of radon and thorium in indoor air EROA+ 4.6 EROA should not exceed 100 Bq/m, and the effective dose rate of gamma radiation - the dose rate in open areas by more than 0.2 µSv/h."
FIRE REQUIREMENTS
5. Clause 3.26 should be stated as follows:
"The width and slope of the ramps should be taken in accordance with SNiP 35-01-2001."
NON-RESIDENTIAL FLOORS (PREMISES)
6. Clause 3.50 should be stated as follows:
“Urban planning and technological requirements for the design assignment determine the presence of a basement floor and the number of non-residential above-ground floors of built-in and attached public institutions and built into residential buildings (including those being reconstructed or modernized).
The list of public institutions and their location in residential buildings should be adopted in accordance with Appendix 5.
Public institutions (except for those located in single-apartment and semi-detached residential buildings) should be separated from the residential part by fire-resistant partitions of the 1st type and fire-resistant ceilings of the 2nd type without openings in buildings of I and II degrees of fire resistance (in other cases - type 3) subject to compliance with the regulatory parameters of the air environment, noise and vibration in the residential area. The specified institutions (except for those listed in clause 3.53) must have entrances and emergency exits isolated from the residential part of the building, and be provided with an estimated number of parking spaces in the parking lots for employees and visitors.
On the ground floor, according to the design assignment, it is allowed to design premises for working with the public and premises for babysitting children (living in this house) with an area of no more than 50 m2 with an entrance to it from an outside corridor.
As part of built-in (built-in-attached) health care facilities in a residential building, it is allowed to place X-ray dental rooms (if the requirements of NRB-99 are met within their limits) with dental X-ray machines working with highly sensitive image receivers (without darkrooms) and dental machines with digital image processing with working load no more than 40 mA min./week."
7. Clause 3.51 should be stated as follows:
"In cottage development, in accordance with town planning regulations, taking into account the needs for daily and periodic maintenance facilities according to MGSN 1.01-99, it is allowed to design the following non-residential premises built-in (built-in-attached) into the first, ground and basement floors of single-apartment and semi-detached residential buildings, as well as attached to him:
pharmacy kiosks; shops with no more than 150 m of retail space according to the nomenclature of Appendix 5; catering establishments with no more than 20 places;
consumer service enterprises with no more than 100 m of total area;
clubs and computer game halls no more than 100 m; exhibition halls; creative workshops (artists, architects and sculptors, restoration) and folk crafts, taking into account clause 3.56 - no more than 80 m; apartment museums; sports halls, aerobics, choreography, rhythmic gymnastics, exercise therapy, wrestling and wrestling elements no more than 108 m; squash up to 65 m; billiard room no more than 2 tables; premises for table tennis, checkers and chess no more than 72 m2;
design, research and development bureaus, legal consultations, notary and law firms with no more than 10 employees.
Placing the listed premises in the underground floor is permitted taking into account the requirements of clause 3.52 and Appendix 5.
It is allowed to place on the ground floor of a single-apartment and semi-detached residential building small preschool institutions and walking groups of no more than 2 groups, on-duty short-term day care groups and round-the-clock groups, provided that isolated playgrounds of the required capacity are provided."
8. Clause 3.53 should be stated as follows:
“On the last (including attic) floor of residential buildings with a height of the top floor of 75.0 m inclusive, it is allowed to design workshops for artists and architects, while access to the staircase of the residential part of the building should be provided through a vestibule with fire doors, and in the rest cases in accordance with clause 1.38* SNiP 2.08.01-89 *.
It is allowed to design additional premises within the apartments - museum apartments."
Note deleted.
9. The first paragraph of paragraph 3.56 should be stated as follows:
"It is not allowed to place built-in and built-in-attachments in residential buildings (including single-apartment and semi-detached residential buildings): specialized stores of mosquito-chemical and other goods, the operation of which can lead to pollution of the territory and air of residential buildings; shops and other premises with the presence of they contain explosive and fire hazardous substances and materials (flammable and combustible liquids in aerosol packaging), as well as solid flammable materials; stores selling carpets, auto parts, tires and automobile oils; specialized fisheries; stores with operating hours after 11 p.m.; consumer service enterprises, in which flammable substances are used (except for hairdressing salons and watch repair shops with a total area of up to 300 m); baths and saunas (except for individual saunas in apartments and single-family houses); casinos; discos; dance clubs and studios; theaters; catering and leisure establishments with with a number of seats of more than 50 and a total area of more than 250 m2 with operating hours after 11 pm and with musical accompaniment - restaurants, bars, cafes, canteens, snack bars, as well as clubs; laundries and dry cleaners (except for collection points and self-service laundries with a capacity of up to 75 kg per shift); automatic telephone exchanges designed for installing telephones in residential buildings with a total area of more than 100 m2; public restrooms; funeral homes; warehouses for wholesale (or small wholesale) trade; production premises (except for workshops for restoration and folk crafts, premises for the work of disabled people and the elderly, located in specialized apartment buildings, including points for delivering work to home, workshops for assembly, installation and decorative work); dental laboratories, clinical diagnostic and bacteriological laboratories; hospitals, including dispensaries, day hospitals and hospitals of private clinics, dispensaries of all types; dispensaries without hospitals of all types, trauma centers, ambulance and emergency medical care substations; dermatovenerological, psychiatric, infectious diseases and phthisiatric medical offices; departments (rooms) of magnetic resonance imaging; X-ray rooms in areas adjacent to and under residential premises, as well as rooms with medical or diagnostic equipment and installations that are a source of ionizing radiation."
10. The first paragraph of clause 3.60 should be stated as follows:
“The height of premises of public institutions, built-in, attached and built into residential buildings, may be taken equal to the height of residential premises (including for placement in small businesses built into reconstructed residential buildings - with a premises height of at least 2.5 m), except premises in which the height must be increased in accordance with technological requirements, taking into account SNiP 2.08.02-89 *."
4. REQUIREMENTS FOR THE MAIN ELEMENTS OF RESIDENTIAL BUILDINGS
ADDITIONAL REQUIREMENTS FOR APARTMENTS
FOR THE DISABLED AND ELDERLY
11. Clause 4.15 should be stated as follows:
“Specialized apartment residential buildings for the elderly and for families with disabled people who are able to move independently without technical aids (not wheelchair users) should be designed no higher than 9 floors, for families with wheelchair users - no higher than 5 floors.
It is allowed to design specialized groups of apartments (or separate apartments) for families with disabled people (not wheelchair users) no higher than the 9th floor, for families with wheelchair users - no higher than the 5th floor.
It is allowed to design specialized groups of apartments (or separate apartments) for wheelchair users and the elderly on the first floors of residential buildings, including without an entrance device from the local area, with entrance to the apartments through the lobby of a residential building with a lift (or ramp) at differences in levels.
to read as follows:
"In reconstructed or modernized residential buildings, specialized apartments for families with disabilities and the elderly should be designed in accordance with clauses 4.15-4.22 MGSN 3.01-01, SNiP 35-01-2001 and SP 35-102-2001.
In this case, apartments for wheelchair users should, as a rule, be designed on the ground floor with an entrance from the adjacent area. It is allowed to place these apartments above the first floor, taking into account the requirements of clause 4.15 of MGSN 3.01-01 and installing ramps at the entrances, elevators from the floor level of the first floor, as well as elevators in the presence of level differences when approaching the elevator."
14. The last paragraph of clause 4.24 should be stated as follows:
"Premises for a wheelchair user should be placed, as a rule, no higher than the first floor. When placing premises for a wheelchair user above the first floor, their accessibility should be ensured, providing for elevators taking into account the requirements of SNiP 35-01-2001 or lifts that can be moved vertically up or along a flight of stairs, taking into account the requirements of clause 3.67."
5. ENGINEERING EQUIPMENT
15. Clause 5.26 should be stated as follows:
“Ventilation of built-in (built-in-attached) non-residential public premises should be provided independently from the ventilation systems of a residential building, taking into account the requirements of Appendix 5.
Exhaust ventilation of public premises located within the dimensions of one apartment (with an area of up to 108 m