However, independent organization of the process is also possible, especially since the procedure is strictly regulated. The algorithm of actions is as follows:

• It is necessary to prepare a redevelopment project. If the applicant is the sole owner of the premises, and the reconstruction does not affect the property rights of neighbors, then no problems arise. Otherwise, you need to obtain the written consent of the other owners and neighbors (for example, if part of the entrance is “removed” during the redevelopment).
• Collect documents, write an application and submit them to the architectural department of the city administration (in Moscow this is the Department of City Property). Documents can be submitted directly to specialists in the administration or by contacting the MFC. You will need: application; housing documents; explication and floor plan; technical certificate; redevelopment project. Within 45 days, the municipality will consider the application, then either issue a reasoned refusal or satisfy the request.
• If everything is in order, then you can begin redevelopment. It should be noted that during repairs there is no need to deviate from the plan, otherwise unauthorized redevelopment will have to be legalized.
• After completing the repair work, you need to invite BTI specialists who will carry out an inspection and issue an acceptance certificate.
• With this act, you need to receive new documents from the BTI: technical passport, explication and floor plan of the house.
• With the newly acquired papers, you should contact Rosreestr or the MFC to obtain a new certificate of ownership, now for residential premises. The old certificate will be cancelled.

Very often, entrepreneurs, especially beginners, are faced with the problem of where to open their own office or store? Often the profitable and only option is to transfer residential premises to non-residential premises if this premises is owned. In essence, this procedure gives the apartment the status of commercial real estate.

Many people wonder whether it is profitable to convert their home into commercial real estate? The answer is obvious, it is really profitable. If you compare this method of locating your own business with renting an office in the city center (the cost of which, by the way, is quite high) or with the construction of a new building, you can immediately see the advantages of transferring housing to commercial premises.

The only thing that can become an obstacle is the rather complicated and lengthy registration procedure. This article will help you clarify and create your own action plan.

What does the law say about this?

First of all, you need to refer to the legislative acts of the Russian Federation. Having studied the existing regulatory aspects, one can come to a disappointing conclusion: residential premises must be used only for living in it.

But don't be upset. There is the possibility of converting housing into commercial real estate, which will ultimately allow you to work from your home.

It is very important that the interests of all other residents living in the house are taken into account. Not a single right of theirs should be violated.

Many people mistakenly believe that the consent of all neighbors to transfer housing to commercial real estate is a prerequisite. Actually this is not true. However, if any controversial issues arise, the consent of your neighbors can have a serious impact, moving the arrow of the scale in your favor.

We comply with all necessary legal regulations

Converting an apartment to commercial real estate is not possible without meeting the following legal requirements:

1. The housing must be owned by the applicant. This, of course, must be a legal entity. It is necessary to have written confirmation that the apartment is owned. It could be:

• will;
• gift agreement;
• registration certificate.

1. This apartment should not be taken out on credit or used as collateral. Supervisory authorities are very careful to ensure that the property is legally “clean”. She should not be involved in any fraud under any circumstances.
2. An apartment can be transferred from residential to non-residential status only in full, and in no case partially.
3. The owner must check out of the apartment before starting the procedure for changing its status. According to the law, no one can be registered in a non-residential premises, and no one can live there permanently.
4. If any illegal alterations have been made to the apartment, they must be legalized without fail. Otherwise, the transfer will simply not be given the go-ahead.

Is it possible to engage in commercial activities without converting an apartment into commercial real estate?

If you turn to the Housing Code of the Russian Federation, you can find a number of conditions, subject to which it is possible to carry out your activities without being classified as commercial real estate (Article 17). These requirements include the following conditions:

1. This activity should not make the lives of other residents of the apartment and neighbors worse.
2. There will be no complaints from neighbors regarding business activities.
3. The house is not in disrepair.
4. All sanitary and epidemiological requirements in the apartment are met.
5. The business owner has permanent residence in the apartment.

And yet, entrepreneurs are almost always forced to convert housing into commercial real estate.

What are the technical aspects of this action?

And again you need to turn to the Housing Code of the Russian Federation. It specifies quite stringent requirements that apply not only to housing, but also to the entire house. These include the following aspects:

• Direct entrance to the premises from the street is required, if possible. In this case, it means that the apartment is located on the ground floor, and the windows face directly into the courtyard. There is also an additional requirement. If the total area of ​​the apartment exceeds 100 m2, then there must be another emergency exit through the entrance.
• If housing located above the 1st floor is being transferred, then all premises located below must also have the status of commercial real estate.
• Housing must be equipped with all engineering and technical communications that are necessary for normal functioning.
• The building where the apartment is located should not be part of the fund of cultural and historical values.
• If the house in which the property is located is declared unsafe or must be demolished, then the conversion of housing into commercial real estate is impossible.

Difficulties may arise when converting into commercial real estate an apartment located in a building that needs repairs or if it is registered with the civil defense headquarters, as well as registered in cases of emergency circumstances.

All of the above requirements are relevant for both single-story and multi-story buildings.

Converting an apartment to non-residential premises: step-by-step instructions

In general, the whole process involves collecting and preparing the necessary documents and visiting the necessary authorities. To reduce translation time, you should follow the following sequence of actions.

Appeal to the Interdepartmental Commission

Only homeowners can collect all the necessary documents. The exception is a trustee. In this case, the power of attorney must be properly executed and certified by a notary. It is this paper that gives the authorized person the right to act on behalf of his principal.

Initially, you need to collect the necessary documents. Then they are provided to the property management department, which in turn relates directly to the Interdepartmental Commission. The list of documents includes:

1. Power of attorney to receive documents from the BTI. To do this, contact the Property Management Department. There, an application is drawn up requesting the issuance of a power of attorney. It is this that will allow you to obtain a floor plan of the premises, as well as the explanation attached to it (decoding the symbols). Such a power of attorney is issued no earlier than 30 days later. To receive it you must present the following documents:

• passport of a citizen of the Russian Federation;
• foundation agreement for residential premises;
• property registration certificate.

1. A floor plan along with an explanation, as well as a technical passport for it. These documents are issued to the BTI upon presentation of the appropriate power of attorney. To obtain it, you must provide the same documents as to the Department.

If you already have a technical passport, look at the date of issue. If the document was received more than 3 years ago, it will not be accepted. In this case, it will be necessary to obtain a new edition of the technical passport.

1. Help DEZ. It must be obtained from the management company of the building where the residential property is located. This document indicates the intended use of all premises located on the floor next to your home. To receive it, you must present the same documents as to the BTI and the Department.
2. Technical conclusion. To receive it, you need to contact the management company again. This could be a housing cooperative or a homeowners association, for example. This document contains all the necessary information about the technical condition of the house.
3. A conclusion from the fire inspectorate that the housing actually meets all the necessary fire safety requirements. This document is issued by the Department of State Supervision under the Ministry of Emergency Situations. In this case, a prerequisite is a preliminary inspection of the premises and its verification. To do this, write the necessary application.
4. Conclusion of sanitary and epidemiological control. To do this, you need to contact the SES. The procedure for obtaining it is identical to obtaining a conclusion from the fire inspectorate.
5. Consent of the owners actually living in the house. Simply registered people are not taken into account. This issue is resolved at a meeting of owners. To do this, you should contact the management company again. You can try to hold an extraordinary meeting. In this case, all residents must be notified of it at least 10 days in advance. They should also be made aware of the reason for holding an unscheduled meeting. It must have at least 50% of all owners. If 2/3 agree, the decision is considered accepted.
6. Extract from the house register. You can get it at the passport office. The document should not contain information that someone is registered in the apartment! This paper is only valid for 2 weeks.
7. Housing renovation project. This can only be obtained from commercial organizations that have the appropriate license to carry out such activities.

Contact the Property Management Department

So, all the necessary papers have been collected at the first stage, they are all relevant. Feel free to contact the Property Management Department. There, an application is filled out indicating the desire to transfer the housing to a non-residential property. You also need to provide the same documents that were provided to obtain the power of attorney.

The consideration of this issue takes place within 45 days. After the decision is made, the applicant is notified within 3 days in person or by letter.

Why can the procedure be refused?

There are reasons why the Department may deny an applicant. These include:

• Lack of a number of necessary documents.
• Incorrect project for refurbishment of premises.
• Failure to comply with laws.
• Lack of consent of neighbors and co-owners of the apartment.

At the same time, any refusal must be justified and have references to specific regulations. Otherwise, such a decision may be appealed in court.

How much will the procedure cost?

So, consent has been received. Now you need to contact the BTI again, or rather the privatization department. In this case, you must provide the following documents:

• Application, in a strictly defined form.
• Homeowners' passports.
• Housing agreement.
• Floor plan, technical data sheet with explanation.
• Protocol received from the Department.

After this, an appropriate calculation of the cost of the procedure for transferring residential premises to non-residential premises is made. This takes into account factors such as operating conditions, the presence of competitors nearby, the condition of the premises, and location. The final price is indicated in the protocol. Payment can be made at any of the banks.

Contact the Registration Chamber

To register ownership rights, you must contact the Registration Chamber with documents ( Please note that you need to provide not only copies, but also originals ):

• Homeowners' passports.
• Housing agreement.
• A document confirming ownership of the property.
• Protocols from the BTI and the Interdepartmental Commission.
• Cadastral passport.
• If necessary, a power of attorney and constituent documents are provided.

The submitted application is signed by all homeowners. The execution of such a document requires the payment of a state fee. After submitting it, the authorized representative receives the document and writes a statement about when he will appear to receive the certificate. At the appointed time, the necessary certificate is issued according to the passport. This moment is considered the transition of housing to commercial real estate.

It is worth noting that renting such premises can bring much more money than residential ones.

What costs will you incur during the entire procedure?

Not only time is wasted when obtaining a certificate of transition from residential to non-residential. This will take a lot of money. You will have to spend your money on the following procedures:

• Recalculation of non-residential premises, which is compiled in the BTI. Payment of its cost.
• Preparation of a technical passport.
• State fee for issuing a certificate.
• Notary services for certification of documents for an apartment, execution of a power of attorney.
• Creation of a project for the redevelopment or reconstruction of a premises.

If you follow the outlined sequence of steps, you can arrange the transition of housing to non-residential premises in the shortest possible time and at the lowest cost.

Sometimes apartment owners think about the issue of transferring their apartment to non-residential premises. The reason for this is either the desire to make a big profit if the property is sold or when renting it out, or they are attracted by the opportunity to start their own business at home. But how complicated is this procedure, what is it like, how to transfer residential premises to non-residential premises in an apartment building?

The legislation does not provide an exact definition of what constitutes non-residential premises. Its main difference from residential is precisely its specific purpose. A non-residential apartment is not suitable for anyone to live in, but it has the possibility of placing an office or store on its area.

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When is it impossible to transfer a residential apartment?

The owner needs to know the list of conditions without which it is impossible to carry out such a transfer. The following conditions are mandatory in this list:

• a completely separate entrance must be provided or there must be a technical capability to equip this entrance to the apartment;
• no citizens can live in the apartment, and no one can be registered in such premises;
• the object does not have the right to be an integral part of a specific residential premises;
• the object cannot be under the encumbrance of other persons.

It is not permissible to transfer the premises if the apartment is located above the first floor in an apartment building. This does not apply to individual cases when the premises located underneath, in turn, are the same non-residential apartments.

It is worth considering that there are also a number of conditions, the presence of which can significantly complicate the transfer of premises. Before making a decision to transfer an apartment, it is necessary to study information about whether the premises are located at the point of access to all necessary utilities and various disconnecting devices, as well as whether the house itself is in plans for major repairs and reconstruction. It is necessary to find out whether a particular apartment building is included in the list of architectural monuments and find out whether it is registered by the headquarters for civil defense affairs. Also, the house may generally be considered to be in a dangerous state of disrepair and subject to demolition in the future.

In addition, the law prohibits placement in industrial apartments. It should also be taken into account that the requirements for a non-residential apartment are very different from the requirements for any other residential premises: for example, one of the requirements may be a different temperature regime of the room, a different level of sound insulation, etc.

Necessary documents for changing the purpose of the premises

The list of necessary documents for the transfer of premises includes:

1. Application for transfer of premises to non-residential.
2. Legal documents.
3. Technical plan of the premises itself and its passport. It should be taken into account that it has a limited validity period - only one year from the date of its issue.
4. A project completed in the required manner, if such redevelopment is necessary to convert this property into a non-residential format.
5. Floor plan of the house itself.

Step-by-step translation instructions

Now, in order, about how to transfer an apartment to non-residential premises. Even before submitting documents it is necessary to obtain a floor plan of the house from the BTI, as well as a technical passport of the premises, which is subject to translation in the future. Myself the translation project must be ordered from the design organization, which has a license for this type of work. This is worth paying attention to if the owner wants to qualitatively resolve the issue of how to convert an apartment into a non-residential property.

After preparing and collecting all the documentation, they should be submitted to a specialized authority. In Moscow deals with such issues City Interdepartmental Commission on the Use of Housing Stock. A sample application can be obtained directly from the specialized authority where all documents are submitted, and you should indicate in it the exact address of the premises, the address of the applicant, indicate the intended intended use of the apartment, the purposes and reasons for such a transfer.

If the application is submitted by any legal entity, then a representative with the appropriate powers can submit it and contact the Service. It must be in the right way executed and certified power of attorney. Otherwise, the Service employee may refuse to accept these documents and return them.

The originals of the title documents are initially with the applicant. In order to avoid possible loss of originals, it is better to submit copies of the necessary documents certified by a notary to the specialized authority.

Immediately upon submitting documentation, employees check the completeness of the documents, as well as the correctness and literacy of their preparation. After they are already produced registration in the journal, and the applicant is given an extract about the receipt of documents signed by the employee who accepted them. The second copy of such an extract remains for storage in the Service, in which both the applicant and the employee sign twice: when accepting documents and after receiving a decision on them.

Immediately after registration of documents, the service sends the necessary requests to various authorities to verify all information provided and specified by the applicant. After receiving answers, the issue is considered, and ultimately a decision is made. It is documented in a protocol, after which the service prepares an order on this issue.

The decision itself on a specific application is issued no later than 45 days from the date of its submission: this can be a refusal to transfer or its permission. Refusal may occur in cases where the applicant did not provide all the necessary documentation, also if they were submitted to the wrong authority, if the conditions for transferring the premises were not met, and also, in this case, if the project for renovating the apartment does not meet all necessary requirements. It should be noted that such a decision can be subsequently appealed by the applicant in court.

Expenses when transferring premises

When considering the question of how to convert an apartment into non-residential premises, it should be taken into account that the main cost item will be the cost of transferring such an apartment. It is calculated by the housing stock management commission and this occurs on the basis of a certificate received from the BTI, calculating its value in the residential and non-residential stock. It is necessary to pay if the cost of the property after its conversion to non-residential form exceeds the cost of a residential apartment.

When calculating this cost, a large number of various factors are taken into account: the condition of the apartment building itself, the convenience of its commercial use, the owner’s ability to use the adjacent territory, the transport accessibility of such a house is taken into account, as well as the availability of similar premises in the neighborhood, etc.

In addition, the applicant must pay and notarial services regarding certification of copies of documents and execution of a power of attorney, he must pay off the BTI for the type of service provided (preparation of a technical passport, as well as a certificate of the difference in the cost of a residential apartment before and after transfer to a non-residential property). Some of the costs will have to be incurred when payment for organization services preparing a project for reconstruction and redevelopment of premises. When registering ownership rights, you will also need to pay a certain amount state duty.

If in the end a positive decision is made to transfer the premises and restructure it, and redevelopment is not required, this process can be considered almost completely completed. Afterwards you only need register ownership rights to an already uninhabited property.

Alternatively, if the premises require redevelopment, the decision to transfer must include a requirement to carry out all necessary work and a list of them. After they are completed, there should be the acceptance committee's act was signed, formed by the body that carried out the transfer of the premises. After signing such an act, again, you must remember to register your ownership of the non-residential property.

Pros and cons of transferring an apartment to non-residential premises

The positive aspects of such a translation include:

• the opportunity to receive rent several times higher. The income from renting out such premises can increase 5 or 6 times compared to renting out a regular residential apartment;
• the cost of such an area increases greatly in price. It is estimated that the difference between residential premises and those transferred to non-residential premises can reach up to 40%.

The list of disadvantages of non-residential premises includes:

• the object may spend longer in search of its client, both in the case and in the case;
• Maintaining such a room is more expensive than a regular apartment. It will be necessary to pay for the property, as well as increased utility bills: the cost of water will increase by 10%, for electricity - by 27%, and for heat - by 25%.
• The re-registration procedure itself is quite time-consuming and very expensive.

It must be remembered that the profit from such premises largely depends on the location of the apartment building. You need to assess in advance the car traffic, the proximity of the house to the metro, etc.

It should be taken into account that the most popular real estate properties are located in central areas; greater profits can be obtained in places where citizens of high social status and with high material capabilities live. In remote residential areas, converting residential premises to non-residential premises is a rather risky process that does not always pay off.

Residential premises cannot be used for commercial activities. Therefore, organizing a business in an apartment or house requires changing the purpose of the object.

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How to convert residential premises into non-residential premises in 2019? In the business community, disputes regarding the transfer of housing to non-residential stock do not stop.

Some people think that this process is so complicated that it’s not worth starting.

Others claim that knowing the algorithm of actions, you can turn an ordinary apartment into commercial real estate in no time. How is residential premises actually converted into non-residential premises in 2019?

Basic moments

In the situation with the transfer of housing to non-residential stock, there are several significant periods. The first one is March 2005.

It was then that the amended law came into force. At the same time, the practice of converting residential premises into non-residential ones has become commonplace.

The issue of transfer was considered exclusively by the owner. Documentation was just a formality.

The early 2000s saw a period when convenience stores and service businesses opened en masse on the ground floors of apartment buildings.

Circumstances changed in May 2012. From that time on, translation began to be carried out exclusively in court. For some time this did not cause any particular inconvenience.

The courts worked properly, claims were considered and satisfied. Moreover, failures occurred in isolated cases.

Recently, changing the purpose of a home has become not so easy. Increasingly, owners began to receive refusals.

Officially, no changes occurred. No new laws were passed. Most often, the reason for refusals is the lack of consent of all owners in an apartment building.

However, according to the law, such consent is not required in all cases.

Other grounds, expressed in very confusing formulations, are used less frequently. Therefore, the owner who wishes to carry out the translation needs to improve his legal literacy in advance.

What it is

When considering the process of converting residential premises into non-residential premises, you should know what the definition of each category implies.

The total area of ​​a residential premises includes the sum of the areas of all auxiliary premises necessary for comfortable living in a particular dwelling.

As a rule, residential premises mean a house, apartment or room. There is no clear concept of non-residential premises in the legislation.

This often becomes the cause of illegal transactions, legal disputes, and conflict situations.

At the same time, it is impossible to define non-residential premises based on negation - an object not intended for human habitation.

If we try to define the concept of a non-residential property, we can give the following characteristics:

• isolation with a separate entrance and material boundaries (walls, floor, ceiling);
• belonging to real estate, that is, the presence of state registration of property rights;
• entry into a non-residential building, and the premises themselves may be located in a residential building;
• ban on permanent residence of individuals;
• use for industrial or public purposes.

Based on these definitions, it is obvious that the transfer of residential premises to non-residential premises is carried out through an official change in its direct purpose. The essence is simple, but there are plenty of nuances in such a translation.

Why is the procedure needed?

The mere fact of transferring residential real estate to non-residential property does not give the owner any special powers or advantages.

The fact of completion of work is certified by the act of the acceptance committee created by the local administration. An act is drawn up within ten days from the date of submission of the application for completion of the specified work.

Local authorities send the act to the State Real Estate Cadastre, where, on its basis, changes are made to the information about a specific premises.

Redevelopment and reconstruction may be required to meet fire and sanitary requirements for the future facility, as well as to equip a separate entrance.

Video: transferring premises from residential to non-residential

It is advisable to order project development from organizations or individual entrepreneurs who have an SRO certificate of admission to design work.

During the development of the project, the contractor must obtain approval from the competent authorities - the Main Architectural and Planning Department, Rospotrebnadzor, Gospozhnadzor.

When agreeing, you must obtain the appropriate permits.

Registration of ownership

Bodies involved in the transfer of premises, in the order of interdepartmental cooperation, transfer to Rosreestr:

Registration authorities make changes to the Unified State Register within fifteen days from the date of receipt of documents. Over the next five days, the owner is notified of the changes.

In this case, the notification is sent by mail or in the form of a link to an electronic document, depending on what address the owner has at Rosreestr.

If the necessary information is not entered into the Unified State Register within the required period, the owner can apply himself with the appropriate application.

Within three days, Rosreestr requests the necessary documents from local governments. Then, in the usual manner, the registration authority makes changes and sends a notification.

Ownership is confirmed by an extract from the Unified State Register of Real Estate. You can request it through the MFC or Rosreestr by sending a request by regular or email or handing it in person.

Obtaining a paper statement will cost seven hundred and fifty rubles; an electronic document costs three hundred rubles.

What is the cost of the procedure

The price of converting a residential property into a non-residential property consists of several main components:

It looks inexpensive, but here you need to take into account the area of ​​the room (hence, the price of the project depends on the number of meters).

In addition, the list does not include any indication of construction work. And their cost varies significantly, based on the volume of redevelopment and the payment of attracted specialists.

On average, a self-transfer of housing will cost 30,000-100,000 rubles.

When specialized companies are involved, the calculated price increases by two, or even three times, but the owner receives his property “turnkey”.

Also, the cost of translation may vary significantly depending on the specific region and locality.

That is, you can cheaply convert the premises into a non-residential building yourself, but you will have to spend a lot of time, effort and nerves. Or you can pay more and get a ready-made non-residential property.

Emerging nuances

The basic principle of housing law is the use of residential premises for its intended purpose, that is, for living.

But it says that it is not prohibited to use residential premises for professional or entrepreneurial activities.

The main conditions are the legality of residence and respect for the interests and legal rights of neighbors. Thus, it is not always necessary to transfer residential premises to non-residential ones.

You can set up an office, provide tutoring services, and repair small household appliances in an apartment.

The direct prohibition in the law is mentioned only in relation to the organization of industrial production in residential premises.

Judicial practice on this matter also indicates the possibility of using residential premises in business activities.

For example, it requires registration of a legal entity at the location of the sole executive body.

In this case, this location may not coincide with the address of direct business.

Taking into account such circumstances, the Supreme Arbitration Court recognized the right to register a legal entity at the director’s place of residence.

In an apartment building

Among the nuances of transferring an apartment in an apartment building, it should be noted that the premises on the ground floor can be converted into non-residential use.

To transfer an apartment on the second or third floor, it is necessary that there be non-residential premises underneath it.

In addition, non-residential premises must have a separate entrance. Access through the entrance, hall or vestibule is not permitted. This practically eliminates the possibility of transferring an apartment above the first floor.

Other aspects worth noting are the following:

Some difficulty may arise when transferring premises in buildings of historical and cultural value. In this case, you will need to separately coordinate the process with government agencies.

In a private house

Converting a detached residential premises to non-residential premises is simpler. At least in that there is no need to obtain the consent of the owners of other premises.

But consent will be required if there are other owners. The main problem here is related to the land. If the land is privately owned, consent will be required from all its owners.

Sometimes the house is owned, but the land belongs to the state. For the transfer it is necessary to obtain the consent of the municipality. The authorities do not always allow such a transfer.

Quite often, especially novice entrepreneurs are faced with the need to transfer residential premises to non-residential premises. After changing the status, such an apartment can be used for commercial activities (as an office or store). This is much more profitable than building a capital structure from scratch or renting premises in expensive administrative centers. The only negative is that it is quite difficult to convert housing into non-residential premises.

Legal aspects

The regulatory aspects of the legislative acts of the Russian Federation boil down to one thing: residential premises can be used strictly for their intended purpose, that is, for living. But a separate opportunity is still provided that makes it possible to carry out work in one’s own home.

At the same time, it is important to take into account the interests of other residents; their rights should not be violated. Consent to a change in housing status from neighbors is not mandatory. However, if you have the opportunity to secure it, then be sure to do so - if controversial situations arise, this paper can come in very handy.

To transfer an apartment to non-residential stock, compliance with the following legal standards is required:

• The apartment must belong to the individual applicant on property rights. Registration of ownership of an apartment is described separately. To do this, you must have documentary evidence - a gift agreement, a will or a registration certificate.
• The property must not be encumbered by credit or collateral. Employees of regulatory authorities are especially careful to ensure that there is no possibility of any fraud with the housing, that is, it must be “clean” from a legal point of view.
• Before you begin transferring an apartment, you should check out of it, since no one can live in non-residential premises permanently or even be registered.
• It is not allowed to change the status of part or just one room in the apartment.
• If illegal redevelopments have previously been carried out in a residential premises, then before submitting documents they must be legalized in the prescribed manner.

It is possible to carry out commercial activities without changing the status of housing if certain conditions are met (Article 17 of the Housing Code of the Russian Federation):

1. Entrepreneurship does not make life worse and does not cause complaints from apartment residents or housemates.
2. The condition of the house is not emergency, and the apartment meets sanitary and epidemiological requirements.
3. The entrepreneur is legally registered in the housing.

However, in practice, businessmen are most often faced with the need to transfer residential premises to non-residential ones.

Technical aspects

To change the status of an apartment, strict requirements are imposed on it, as well as on the house in which it is located (Article 22 of the Housing Code of the Russian Federation):

• Housing must have direct access from the street. If the footage of the apartment exceeds 100 sq. m, then an additional entrance from the entrance is additionally required. If the entrance from the street is not equipped, but there is such a possibility (for example, the windows overlook the courtyard and the apartment is located on the ground floor), then the regulatory authorities can still agree to change the status of the apartment.
• When housing is located above the first floor, all apartments located below must also be classified as non-residential.
• It is prohibited to transfer apartments to non-residential ones, located in dilapidated buildings or intended for demolition.
• The apartment must be connected to all necessary engineering and technical communications.
• The building in which the apartment is located should not belong to the fund of historical and cultural values.
• Certain problems may arise if the apartment is located in a building that needs repairs or is registered with the civil defense headquarters or for cases of emergencies.

All of the above requirements apply in the same way to both multi- and single-story buildings.

Step-by-step instructions for converting residential premises to non-residential premises

The entire process of changing the status of an apartment consists of collecting and preparing documents, as well as going to various authorities. By following steps in stages, you can speed up the official registration of changes in housing status.

Preparation and application to the Interdepartmental Commission

Only one of the property owners has the right to collect the necessary documents. Another option is to issue and notarize a power of attorney, according to which the authorized person will be able to represent the interests of the applicant in various bodies.

At the first stage, you should collect a list of documents, which will subsequently be submitted to the property management department related to the interdepartmental commission:

1. Power of attorney to receive documents from the BTI. To do this, you should contact the Property Management Department and draw up an application for the issuance of a power of attorney, according to which a floor plan of the premises and an explication will be issued. The power of attorney can be obtained no earlier than 1 month. To do this, the Department will require:
   • passport;
   • property registration certificate;
   • foundation agreement for housing.
2. Floor plan, explication and technical passport. They are issued by proxy at the BTI. To do this, you must submit the same package of documents as to the Department. If you have a technical passport on hand, then you need to pay attention to the date of its issue. This document older than three years will not be accepted; you will have to obtain a new edition.
3. Help DEZ. It is issued by the building management company in which the apartment applying for a change in status is located. It contains information about the purpose for which other premises located on the same floor with this housing are used. To obtain this certificate, you must submit a passport, a document confirming ownership of the property and a foundation agreement.
4. Technical conclusion. It can also be obtained from the house management company (housing association, homeowners association, etc.). This conclusion contains information about the technical condition of the house.
5. Conclusion from the fire inspectorate on the compliance of the premises with fire safety requirements. It is issued by the Department of State Supervision under the Ministry of Emergency Situations only after visiting the apartment and checking it on the spot. In order for an emergency worker to carry out an inspection, you must submit a corresponding application.
6. Conclusion of sanitary and epidemiological control. It is issued by the SES at the location of the housing according to the same scheme as a fire report: an application is submitted, an employee goes to the site to check, and after a certain time the applicant is provided with a final document.
7. Consent of the owners of apartments in the building. Opinions are taken into account only by real home owners, and not by people registered there. To obtain consent in the prescribed manner, you should contact the management company in order to include the issue of interest at the next meeting of the owners. There is an opportunity to speed up the process somewhat - to hold an extraordinary meeting. Only for this it is necessary to notify the owners about this no later than 10 days before the desired date of the meeting and indicate the reason for the meeting. The issue of changing the status of an apartment can be decided in the presence of at least half of all owners of residential premises in the building. If 2/3 of them agree to transfer the apartment in question to a non-residential property, then the decision is considered legally made.
8. Extract from the house register. This document is provided by the passport office. The extract contains information about all registered persons in the apartment (there should not be any). It should be remembered that this document has a limited validity period - only 2 weeks.
9. Residential renovation project. It can only be ordered from specialized companies that are licensed to do so.

After preparing all of the above documents, the homeowner should contact the Property Management Department and draw up an application with a request to transfer the housing to non-residential stock. In addition to the application and collected documents, you must submit:

• owner's passport;
• foundation agreement;
• document on the right of ownership of real estate;
• power of attorney - if necessary.

The authorized commission considers the transfer issue within 45 days. After the decision is made, the applicant is notified of it in person or by mail within 3 days. The most likely reasons for refusal to transfer residential premises to non-residential premises:

1. Failure to provide any documents.
2. Incorrectly drawn up reconstruction project.
3. Failure to comply with all the above legal and technical conditions for translation.
4. Lack of consent of co-owners of the property and housemates.

Determining the cost of transfer to BTI

After receiving consent from the Interdepartmental Commission, you must contact the BTI, and specifically the privatization department. The following are served there:

• an application drawn up in the prescribed form;
• owners' passports;
• foundation agreement and property ownership document;
• protocol issued by the Department;
• floor plan, technical passport and explication;
• if necessary, a power of attorney and constituent documents (if the owner of the apartment is a business entity).

The BTI Commission calculates the cost of transferring housing to non-residential premises. This indicator is influenced by many factors: convenience of location and operation, the presence of other companies in the neighborhood, the technical condition of the facility, etc. The cost of the translation is indicated in the protocol. It can be paid at any bank.

Registration of property rights at the Registration Chamber

The following documents (originals and copies) are provided to this body:

• passports of all owners;
• foundation agreement and certificate of ownership;
• protocols issued by the Interdepartmental Commission and the BTI;
• if necessary, a power of attorney and constituent documents of the company.

After this, all apartment owners must sign an application according to the sample specified in the Registration Chamber and pay a state fee for processing documents. At the moment, its size is 1000 rubles. Next, the authorized person takes all the documents, and in return issues a receipt indicating the date of the next visit. On the appointed day, upon presentation of the passport, a new certificate is issued. Once you receive it, you become the happy owner of non-residential premises, which can be rented out at a much higher price than residential premises, or you can independently carry out business activities there.

How much does it cost to convert residential premises to non-residential premises?

The entire process of converting residential premises to non-residential premises takes quite a lot of time. In certain cases, when there is no desire or opportunity to deal with this issue on your own, it is best to resort to the help of law firm employees, but you will have to pay extra for this. When carrying out the entire procedure on your own, the main costs will be as follows:

• the cost of recalculation of non-residential premises compiled by the BTI;
• services for the preparation of BTI technical passport;
• state fee for issuing a new certificate;
• notary services for certification of documents for an apartment, powers of attorney, etc.;
• the cost of services for creating a project for the reconstruction or redevelopment of an apartment.

By following the above step-by-step instructions, you can transfer the property to non-residential use with the least amount of time and effort.