There is no precise definition of this concept in the legislation. But in practice it is generally accepted that non-residential premises are not intended for permanent residence. But this does not apply to him:

It is part of the building. In some cases, a certain building may have one room, then they coincide. Non-residential premises may be located in residential buildings(intended to be lived in) or completely non-residential.

Important! If certain conditions are met, the housing stock can be converted to non-residential. The reverse transition is also possible, but it is even more difficult.

Legislative definition

The Civil and Housing Codes, however, contain important information about non-residential premises. For example, these are its signs. Their list was included in Law No. 122-FZ of July 21, 1997. Questions about the possibility of transferring to this category from residential are described in Article 22 of the Housing Code.

Signs

The main features include the following:

1. Such an object is real estate.
2. Not intended for people to live in.
3. It is isolated, that is, separate. The boundaries of the room are building structures, that is, walls, floors, ceilings, etc.
4. There must be a separate entrance.
5. The premises must be registered on a specific site.
6. It must be impossible to move it.
7. It must comply with building, fire and technical standards.

What objects belong to this category of buildings and structures?

Such real estate is divided into:

• main;
• and auxiliary.

The first can be used separately, and the second is needed for maintenance and use of other premises. For example, a school office is the main room, and the corridor is an auxiliary room.

Also there is a division according to intended purpose. In accordance with it, premises can be:

1. Educational (these include buildings of kindergartens, schools, universities, etc.).
2. Healthcare (for example, hospitals, clinics, emergency rooms).
3. Industrial.
4. Administrative.
5. Utilities (gas, water, electricity, heat supply).
6. Catering.
7. Household services (these include studios, laundries, dry cleaners, repair shops and others).
8. Trade.
9. Relaxation and entertainment.
10. Post offices (post offices).
11. Warehouse.
12. Creative (workshops and exhibition halls).

Property requirements

The property must meet the following requirements:

Attention! If such real estate can be used only with the annexation of part of the common space of an apartment building, the consent of the residents will be required. To obtain it, you will need to hold a general meeting.

Permission will also be required to organize a separate entrance if this requires changing the enclosing and/or supporting structures.

In further use requirements must be met:

• sanitary and hygienic;
• fire protection;
• environmental.

In particular, if the non-residential premises are located in a residential building, it is prohibited to place:

1. Enterprises that pollute the territory and air (physically and chemically).
2. Violating living conditions.
3. Some treatment and preventive organizations (helping with drug and alcohol addiction, infectious patients).
4. Industrial enterprises.
5. Stores selling chemical, explosive or other dangerous goods.
6. Dry cleaners.
7. Public toilets.
8. Institutions operating later than 11 pm (or, moreover, around the clock).

Differences from premises for permanent residence

The main difference is the purpose. Residential premises are intended for living, and non-residential premises are intended for other purposes. This could be trade, provision of services, production, etc.

An additional feature will be the presence (or absence) of a separate entrance. The location on the floor in an apartment building is also important.

Examples of what is residential and what is non-residential

The housing stock includes:

• apartments of an apartment building, including communal ones;
• separate houses intended for permanent residence;
• dormitories.

Classified as non-residential:

1. the shops;
2. dry cleaners;
3. Beauty Salons;
4. hotels (since they are intended for temporary residence, not permanent);
5. apartments.

So, non-residential premises include separate premises not intended for living. They can be of different types according to their purpose and used for different purposes, and must also meet a number of requirements.

WHAT ARE NON-RESIDENTIAL PREMISES? P.V. MAKEEV

The article discusses the theoretical and practical aspects of regulation of non-residential premises. A detailed analysis of the relevant norms of the Civil and Housing Codes of the Russian Federation, other regulatory legal acts, and the approaches of various legal scholars is carried out, on the basis of which the definition of non-residential premises is formulated.

Key words: jurisprudence, law, premises, non-residential, signs, definition, real estate, isolation, purpose, suitability.

Currently, the concept of “non-residential premises” is widely used in legislation. It should be noted that this concept is not new to legislation. “Non-residential premises” was used in the Civil Code of the RSFSR of 1964 (Articles 277, 278, 279), the Housing Code of the RSFSR of 1983 (Articles 4, 9, 91, 92, 152), Law of the Russian Federation of December 24, 1992 N 4218-1 “On the fundamentals of federal housing policy” (Article 1), Federal Law of June 15, 1996 N 72-FZ “On homeowners’ associations” (Article 42) However, despite the frequent use in legislation of the concept of non-residential premises, At the federal level, all its features have not been defined, and its definition has not been formulated normatively. Judicial practice also does not fill the gap in this area.
Article 1 of Federal Law No. 122-FZ of July 21, 1997 “On state registration of rights to real estate and transactions with it” (hereinafter referred to as Federal Law No. 122-FZ) contains an indication of such a characteristic of non-residential premises as immovable character. However, the literature notes that this is clearly not enough. As V.V. rightly notes. Chubarov, “the absence in the Civil Code of norms regulating in detail the legal regime of non-residential premises is already the cause of legal disputes and threatens to increase their number in the future” “The lack of precise criteria for non-residential premises in contrast to residential premises,” writes K.I. Sklovsky, leads to the fact that the subject of transactions are parts of the building that do not have qualities that allow them to be used for their intended purpose without other parts. For example, an organization has been recognized as having the right to a cafe located on the roof of a building, despite the fact that the building itself belongs to another legal entity.”
On the need to consolidate at the legislative level the definition of the concept of non-residential premises in order to resolve the issue of what exactly is the object of legal regulation in a given case, as well as for the purpose of distinguishing non-residential premises from auxiliary premises used jointly by co-owners and not being independent objects of law, indicated by I. Palankoev and T.Yu. Komarova

Despite the imperfection of legislation on the issue of normative consolidation of the definition of the concept of non-residential premises, this gap is more than filled in the scientific literature. For example, A.G. Khurtsilava defines “non-residential premises as real estate in the form of independently allocated parts within buildings and structures, not intended for residence and used for a single economic purpose, fundamentally connected with the land plot.” G. Pevnitsky, E.A. Chefranov understands non-residential premises as an isolated room in a building not intended for the residence of citizens. Skvortsov suggests, by analogy with the definition of the concept of residential premises in paragraph 2 of Art. 15 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code, formulate the concept of non-residential premises as an isolated premises, which is real estate and is intended for use for purposes not related to living in this premises. Yu.V. Kharitonova considers non-residential premises: firstly, as premises, located in residential buildings or built-in or attached to them, not intended for permanent residence of citizens, as well as for use in the prescribed manner as office residential premises, residential premises from the housing stock for temporary settlement, dormitories and other specialized residential premises. , the author refers to non-residential premises as any separate premises located in non-residential buildings and structures and forming part of them, as well as these buildings and structures themselves as a whole

As can be seen from these definitions, non-residential premises are defined both as a dedicated part of a building and structure (premises), and as a concept that unites premises and buildings. At the same time, the definitions both indicate the immovable nature and isolation of non-residential premises, and do not indicate these characteristics. The purpose of non-residential premises is also considered ambiguously: it is not intended for permanent residence of citizens and it is not intended for residence.
Considering that in the literature the definition of the concept of non-residential premises is thought of differently, let us consider it in more detail.
First of all, the question arises of how non-residential premises should be understood: as a separate part of a building or as a universal generalizing concept that includes both the building and the premises in it?
In science, a number of authors consider non-residential premises in a narrow sense, meaning a designated part of a building, emphasizing that non-residential premises and non-residential buildings are not equivalent<11>. To substantiate this position, extracts from regulatory legal acts of various levels are given: according to para. 2 clause 6 art. 12 of Federal Law N 122-FZ premises are objects that are part of buildings and structures; in accordance with Art. 2 of the Moscow City Law of July 3, 2002 N 38 “On state control over the accounting and use of non-residential facilities of the city of Moscow” non-residential facilities owned by the city of Moscow and located both on and outside the territory of the city of Moscow include : 1) detached non-residential buildings, structures, structures and parts thereof; 2) non-residential premises in residential buildings, including built-in and attached premises and parts thereof, with the exception of premises classified in the prescribed manner as housing stock

Other authors understand non-residential premises as both the building as a whole and its part (both a non-residential building and its isolated components, i.e. non-residential premises and their parts)<13>. This position is also based on regulatory legal acts: according to the interpretation of clause 1 of the order of the State Property Committee of the Russian Federation dated February 5, 1993 N 217-r “On streamlining the process of accounting and delimitation of ownership rights to non-residential premises”<14>non-residential premises include buildings, structures, non-residential premises, including built-in and attached ones; in accordance with clause 1.2 of the Regulations on the procedure for recording and registering rights to non-residential facilities (buildings, structures, non-residential premises) in Moscow, approved by Decree of the Moscow Government of August 13, 1996 N 689, non-residential premises are understood as individual buildings or their parts not used for citizens' residence

Taking into account the regulatory legal basis of these positions, we believe that each of them is correct in its own way. However, it should be noted that the process of forming universal generalizing concepts in legislation is currently underway. As one example, the concept of residential premises, the definition of which is provided for in the Housing Code of the Russian Federation, should be mentioned. Another example that cannot be ignored is the concept of non-residential premises used in the Housing Code of the Russian Federation. Based on the fact that non-residential premises within the framework of Chapter 3 of the Housing Code of the Russian Federation are the result of transfer from residential premises, the types of which are both a residential house (building) and an apartment, rooms (premises), it seems logical to conclude that the non-residential premises transferred from residential, in the Housing Code of the Russian Federation is considered as a concept that unites both the building and the premises, and in this sense, the Housing Code of the Russian Federation is used as a universal generalizing concept. Moreover, taking into account the explanation of the developers of the concept for the development of civil legislation on real estate about the need to include residential and non-residential premises in the list of immovable things, “not only the special significance of these objects for civil circulation, but also the need to further significantly detail their legal regime, there is every reason , both legislative (the Housing Code of the Russian Federation and other normative legal acts) and conceptual, in order to talk about non-residential premises by analogy with the concept and types of residential premises as a universal generalizing concept, including non-residential buildings, non-residential premises in a building as types and their parts.
Based on the fact that in the literature, in order to obtain an idea of ​​​​the legal regime of non-residential premises, it is proposed to consider it by analogy with residential premises, we believe that this approach can also be used to formulate a definition of the concept of non-residential premises (by analogy with the definition of residential premises in Part 2 Article 15 of the Housing Code of the Russian Federation). Following the analogy, it seems logical to first consider the signs of non-residential premises, and then, based on them, formulate a definition of the named concept.
Without a doubt, the first sign of non-residential premises is immovable character. However, when studying the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), it is easy to notice that neither Art. 130, where the definition of real estate is given, non-residential premises are not mentioned as real estate in the chapters devoted to specific contracts. At the same time, the Civil Code of the Russian Federation in paragraph 1 of Art. 130 allows for the possibility of classifying other objects not provided for by the Code as real estate by federal law. This opportunity was realized by Federal Law N 122-FZ, which included non-residential premises in the list of real estate objects (Article 1).
It should be noted that the classification of non-residential premises as real estate by Federal Law No. 122-FZ gave rise to statements about non-residential premises (in the form of non-residential premises in a building) as real estate not on the basis of a strong connection with the land, but due to the direct indication in law

Of course, non-residential premises are called real estate by law. However, can we for this reason say that the named object of rights does not have a strong connection with the land? Is it possible to move non-residential premises in a building without disproportionate damage to its purpose?
We believe that these questions should be answered in the negative. The strong (inextricable) connection of non-residential premises with the ground (although such a connection is not carried out directly, but indirectly - through the building) and the impossibility of moving it without compromising its purpose was pointed out by V.V. Chubarov and A.V. Ersh, E.A. Kindeeva and M.G. Piskunova, S.P. Grishaev

And indeed, considering non-residential premises in a building as inextricably linked components, as evidenced by judicial practice, the strong connection with the land of such parts, as well as the impossibility of moving them without compromising their purpose, is more than obvious. For this reason, there is no reason not to recognize non-residential premises in a building as real estate “by nature”.
Regarding non-residential premises in the form of non-residential buildings, it is important to say that the question of them as immovable things “by nature” or by virtue of direct instructions in the law would seem to be definitely resolved. Nevertheless, it should be noted that according to the current legislation, buildings include not only immovable things, but also movable ones, for example, mobile buildings (container, prefabricated: change house, carriage, etc.) We believe that relations regarding their use cannot be regulated by real estate legislation.

In this regard, we believe that in order to distinguish non-residential premises from movable objects, the definition of the concept of non-residential premises must indicate the immovable nature of such premises.
The next characteristic of non-residential premises is isolation. This feature was pointed out by V.A. as a necessary feature of non-residential premises. Alekseev and T.Yu. Komarova, S.G. Pevnitsky and E.A. Chefranov’s requirements for non-residential premises in practice leads to the fact that such premises also include areas in buildings that are not separate premises and cannot be the subject of civil transactions, including mortgages, leases<24>. Moreover, if the issue has been resolved with regard to non-residential premises as the subject of a mortgage (in 2005, the Presidium of the Supreme Arbitration Court of the Russian Federation clarified that the subject of a mortgage can be a separate premises, the rights to which, as an independent object of real estate, are registered in the prescribed manner, and not part of the area such premises, but in relation to non-residential premises as the subject of a lease agreement, the question was not clarified by the highest court.
The reason for the subjects of civil legal relations to understand the non-isolated part of the non-residential premises, i.e. an area that has no boundaries, the subject of the lease agreement was clause 3 of Art. 26 of Federal Law N 122-FZ, according to which parts of the premises can also be rented out along with the building, structure, and premises therein.
This understanding of the norm has led to the recognition in court of a number of lease agreements as unconcluded. Thus, in accordance with the Resolution of the Federal Arbitration Court of the West Siberian District dated October 4, 2006 N F04-6380/2006 (26943-A46-38)<26>under a lease agreement, one of the co-owners of an object located in common shared ownership (without the consent of the second owner and without determining the procedure for using the object between the co-owners) was transferred ½ of the non-residential premises. At the same time, the agreement did not contain data allowing to establish what part of the property was leased. The court considered that the parties did not agree on the condition of the object to be leased, and recognized the lease agreement for non-residential premises as not concluded. According to another Resolution of the Federal Arbitration Court of the East Siberian District dated December 27, 2000 N A33-5655/00-С2-Ф02-2773/00-С2<27>The court recognized the lease agreement for part of the non-residential premises as not concluded due to the fact that the agreement did not make it possible to definitely establish the property to be leased, since it did not contain diagrams, drawings, or explanations indicating the rental areas and their boundaries as attachments.
to identify the premises by area, which is a necessary condition of the real estate lease agreement, then it must have indisputable boundaries determined by the technical inventory authority, that is, walls marked on the plan. And, therefore, the absence of walls can be perceived as uncertainty about the rental property. And then such a rental object as “part of the premises” may be called into question if this part does not have boundaries (walls) defined by the technical plan or conditionally determined by the parties on the floor plan.”

Based on the foregoing, we believe that under part of the non-residential premises as the subject of the lease agreement, named in clause 3 of Art. 26 of Federal Law N 122-FZ, one should understand only an isolated part of a non-residential premises or, in other words, a room (rooms), which is also indicated by Appendix No. 1 to the Rules for maintaining the Unified State Register of Capital Construction Projects, approved by Order of the Ministry of Economic Development of the Russian Federation dated 8 September 2006 N 268<30>. In addition, the very wording of paragraph 3 of Art. 26 of Federal Law N 122-FZ, which states that cadastral passports of buildings, structures and premises indicating the size of the leased area are attached to the lease agreement for real estate submitted for state registration of rights, does not allow us to talk about the non-isolated part of the premises (having no area boundaries ) as the subject of the lease agreement, since according to Part 7 of Art. 27 of the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre”, the cadastral registration authority will refuse to register premises if such premises are not isolated or separate from other premises in the building or structure, and accordingly will not issue and cadastral passport. The absence of a cadastral passport will make the process of individualization of the property impossible and will create an obstacle to concluding a contract.
It seems that in order to avoid an ambiguous understanding of non-residential premises, their parts and, accordingly, controversial situations in practice, the sign of isolation should be present in the definition of the concept of non-residential premises.
Along with the immovable character and isolation, a number of authors rightly name purpose as a sign of non-residential premises. Moreover, the purpose of non-residential premises is considered in the literature in two versions: intended for production, administrative, trade, social, educational, cultural and others, and intended not for residence (permanent residence) of citizens<33>. In addition, there are also cases when authors combine both options, for example, intended for use in industrial, social (cultural, medical, educational), medical and sanatorium purposes or other purposes, except for the purposes of residence of citizens

It is important to note that the purpose of non-residential premises in the first option has a significant drawback. Considering that the list of purposes for which non-residential premises are intended is not closed, as evidenced by the words “and other purposes”, other purposes may include residential ones, which does not allow distinguishing non-residential premises from residential ones.
At the same time, it should be said that this list cannot be closed, i.e. have indications of all the purposes of activity for which non-residential premises are intended, since, taking into account the rather wide list of purposes of non-residential premises used in maintaining the Unified State Register of Capital Construction Projects, reflecting all purposes in the definition of non-residential premises will complicate it. In addition, in the event of the emergence of a new type of activity that will not be provided for in the “closed” definition of non-residential premises, relations with the object intended for the new type of activity cannot be regulated by the rules and regulations governing relations with non-residential premises, which will be significant disadvantage of non-residential premises in the second option. Of course, the very wording “not for residence (permanent residence)” is correct. However, it does not allow us to judge the purpose of non-residential premises. Although each non-residential premises has a purpose, and depending on the purpose, they, just like residential premises, are subject to certain requirements of construction, sanitary and other rules and regulations

The elimination of these shortcomings is seen in combining the purpose of non-residential premises in two options. This association, on the one hand, will allow us to name the main purposes of the activity for which non-residential premises are intended, and on the other hand, due to the words “except for the purposes of residence (permanent residence) of citizens,” it will allow us to distinguish non-residential premises from residential ones.
Considering the given list of purposes (intended in the first version), it should be noted that trade, social, educational, cultural, medical, medical and sanatorium based on the current building codes and regulations<37>can be combined into one goal - social. In this regard, the purpose of non-residential premises should include: production, administrative, public and other purposes.
Regarding the limitation of the list of purposes in the form of the words “except for the purposes of residence (permanent residence) of citizens,” it must be said that this wording requires adjustment. Considering that in the definition of the concept of residential premises, paragraph 2 of Art. 15 of the RF Housing Code refers only to the permanent residence of citizens; the restriction should indicate only the permanent residence of citizens. Otherwise, non-residential premises will not include such objects as buildings and premises for temporary residence: hotels, motels, sanatoriums, boarding houses, holiday homes, tourism institutions, year-round camps for children and youth, dormitories of boarding schools, etc., which According to building codes and regulations, it refers to public buildings, i.e. non-residential The loss of these objects from the scope of regulation of non-residential premises is unacceptable.
In addition to its intended purpose, the literature also notes such a feature of non-residential premises as suitability. So, for example, S.P. Grishaev points to the suitability of non-residential premises for a specific use. Suitability as a criterion for distinguishing non-residential and residential premises is called by V.V. Chubarov<40>. I.A. Emelkina, I.D. Kuzmin talk about the compliance of non-residential premises with construction, technical and fire safety standards, which practically means its suitability for certain purposes.
We believe that the suitability of non-residential premises or its compliance with construction, technical, fire and other standards as a feature should be present in the definition of non-residential premises for the following reasons:
- firstly, when a constructed capital construction project (non-residential premises) is put into operation, a check is made to ensure its compliance with the requirements of construction, sanitary and other rules and regulations (Article 55 of the Town Planning Code of the Russian Federation, i.e. those characteristics of the object are checked that were initially laid down in the design documentation prepared in compliance with the specified rules and regulations. In other words, the legal possibility of using the object in accordance with its purpose is checked or, what is the same, the suitability of the object is established for the purpose specified in the design documentation. In the event that the object is not complies with the requirements of construction, sanitary and other rules and regulations, the issue of recognizing the object as non-residential will not be positively resolved, since the non-residential premises put into operation cannot simultaneously be intended and unsuitable for a specific purpose
- secondly, in the case when a non-residential premises is put into operation and placed under state registration, taking into account suitability or unsuitability for a particular purpose is also of fundamental importance, since during the operation of industrial, public and other premises and buildings, sanitary, fire safety, environmental rules and regulations. If violations of the specified rules and regulations are detected, i.e. If it is determined that the non-residential premises are unsuitable for a specific purpose, the operation of the said facility is suspended or terminated. If it is impossible to eliminate violations by carrying out construction, installation, sanitary, anti-epidemic and other work (measures), then two options are possible: either changing the purpose of use of non-residential premises (for example, from production to storage), which will lead to changes in the facility while maintaining the general legal regime of non-residential premises, or demolition (in case of a significant violation by the object of sanitary, technical norms and rules, entailing a violation of the rights and interests protected by law of other persons or creating a threat to the life or health of citizens) (Article 222 of the Civil Code of the Russian Federation), which will lead to the loss of legal mode of non-residential premises.
It seems that being intended as the only sign of a non-residential premises does not allow to reflect all the specifics of this object, when a non-residential premises as a capital construction object, being unsuitable for a certain purpose, cannot be put into operation, and the commissioned one, if it is established that it is unsuitable for a certain purpose, cannot be exploited and requires either a change in the purpose of use (change in the object while maintaining the general legal regime) or demolition (loss of the legal regime).
It is obvious that the purpose and suitability for production, administrative, public and other purposes, except for the purposes of permanent residence of citizens, are a single feature of non-residential premises.
Thus, having established that non-residential premises is a universal generalizing concept, and having examined its main features (immovable nature, isolation, purpose and suitability), it is proposed to formulate the definition as follows: non-residential premises is recognized as an isolated real estate object intended and suitable for industrial, administrative , public and other purposes, except for the purposes of permanent residence of citizens (meeting sanitary and technical rules and regulations, other legal requirements).

Non-residential premises (buildings and structures, premises).

There is no legal definition of non-residential premises (as well as buildings and structures), so the only option for its formation is a systematic analysis of legal norms. First of all, we emphasize that non-residential premises are premises that are not used for housing, that is, they are not residential and are not classified as such. Residential premises, as follows from the Housing Code of the Russian Federation, are intended for the residence of citizens (Part 1 of Article 17 of the Housing Code of the Russian Federation); non-residential premises are premises used for production, economic activity, etc.

According to the Law “On State Registration...”, premises (residential and non-residential) are “an object that is part of buildings and structures” (Part 2, Clause 6, Article 12). Thus, non-residential premises are part of the building (structure). Accordingly, non-residential premises, as a real estate object, must be distinguished from the adjacent object - buildings (structures). This point of view is confirmed by practice. Thus, the Presidium of the Supreme Arbitration Court of the Russian Federation in its Information Letter dated June 1, 2000. No. 53 emphasized that non-residential premises are real estate, excellent from the building or structure in which it is located, but inextricably linked with it.

Thus, at present, disputes about whether non-residential premises are independent real estate objects and whether they can be objects of transactions, including lease agreements, seem groundless.

In the legal literature, the point of view is expressed that the concept of “non-residential premises” as applied to a lease agreement should include small premises (one or several rooms in a non-residential building or structure, the first non-residential floor of a residential building, semi-basement, basement of a house, etc. .), which can be used to organize a small office (office), a workshop providing services (metal repair, clothing and shoe repair, dry cleaning, hairdressing, etc.), a small store, a transshipment warehouse, etc. In our opinion, these criteria are not are correct because they do not take into account that non-residential premises can be of any size and purpose (with the exception of those premises classified as residential).

In our opinion, non-residential premises must be classified into those premises that can act as objects of transactions, including lease, and those premises that cannot act as such.

We agree with M. Piskunova who proposes a classification of the purpose of premises into: independent, auxiliary, technical. The specified purpose must be documented.

In our opinion, in order to avoid contradictions and unnecessary discussions about non-residential premises, changes and additions should be made to the current civil legislation aimed at specifying the legal status of non-residential premises.

The recommendations developed by the working group formed by the Council for the Codification and Improvement of Civil Legislation under the President of the Russian Federation seem appropriate. In particular, the following proposals seem rational:

Firstly, Article 130 of the Civil Code of the Russian Federation, which contains a general definition of real estate (real estate), and also provides an approximate list of real estate objects, is proposed to be supplemented with an indication, including non-residential premises. This will put an end to the long-standing dispute about how the concepts of “building” and “non-residential” premises relate, in particular, whether non-residential premises are a purely technical part of the building or an independent piece of real estate.

As the researchers note, at the same time, concerns expressed in theory about the fact that with the recognition of residential and non-residential premises as independent real estate objects, logically insoluble disputes arise about which of the neighbors is the “owner” of a common wall, floor, or ceiling: and what, in fact, constitutes the object of their property rights” do not result in real disputes in practice.

Thus, it is necessary to de jure recognize the premises in the building as independent real estate objects. This should become a technical object, not a legal one. At the same time, it seems acceptable to establish a presumption according to which ownership of a building will mean recognition of the ownership right of one person to all premises in the building.

We consider it necessary to establish in parallel a generic and specific relationship between the concepts of non-residential objects (genus) and non-residential premises (type), as well as between a part (room) and the whole (building, structure).

A selection of the most important documents upon request Non-residential premises are(regulatory legal acts, forms, articles, expert consultations and much more).

Regulatory acts: Non-residential premises are

Decree of the Government of the Russian Federation dated 06.05.2011 N 354
(as amended on February 23, 2019)
"On the provision of utility services to owners and users of premises in apartment buildings and residential buildings"
(together with the “Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings”) “non-residential premises in an apartment building” - a premises in an apartment building specified in the design or technical documentation for an apartment building or in the electronic passport of an apartment building, which is not a residential premises and is not included in the common property of the owners of premises in an apartment building, regardless of the presence of a separate entrance or connection (technological connection) to external networks of engineering and technical support, including built-in and attached premises. These Rules equate to non-residential premises parts of apartment buildings intended to accommodate vehicles (car spaces, underground garages and parking lots provided for in the design documentation);

There are residential and non-residential buildings. Residential building is a permanent residential building designed for a long service life. Non-residential building - intended for use for production, trade, cultural and educational, medical and sanitary, communal, administrative and other (except for permanent residence) purposes.

Articles, comments, answers to questions: Non-residential premises are

Open the document in your ConsultantPlus system:
Position 1. The tenant of a building (structure) or premises in a building who has not concluded a lease agreement for the land plot (even if this is provided for in the lease agreement for non-residential premises) on which this building (structure) is located cannot be held administratively liable under Art. 7.1 Code of Administrative Offenses of the Russian Federation.

Open the document in your ConsultantPlus system:
Premises according to their purpose can be residential or non-residential. This information is reflected in the technical plan of the premises and in the real estate cadastre when carrying out state cadastral registration (clause 10, part 5, article 8 of Law N 218-FZ, paragraph 2, clause 8, clause 43 of Appendix No. 2). A room as part of a building or structure (clause 14, part 2, article 2 of Law N 384-FZ) usually has the same purpose as them, but not always. Thus, in a residential building, residential premises can be converted into non-residential premises (Article 22 of the Housing Code of the Russian Federation).

Real estate is usually divided into residential and non-residential. The first includes premises where people legally live: apartment buildings, dormitories, private houses. The housing stock also includes hotels.

Non-residential property is most often used for commercial or public purposes.

The need to transfer housing from one fund to another arises for many: for entrepreneurs who bought housing in a house for a store or for conversion into an office.

If such a need arises before you, there is no need to get lost. There is a possibility of transferring the apartment to another fund.

Why translation is needed

Transferring your home from residential to non-residential and vice versa may become necessary for many reasons.

Most often, businessmen convert purchased apartments into shops, pharmacies, restaurants and cafes, and offices.

The status of residential premises is needed because only there you can register, and live too.

If you decide to convert your property to non-residential use, consider whether this process can be avoided.

According to the Housing Code, Article 17, it is possible to engage in commercial activities in a residential area in some cases, under which the following conditions are met:

• Your house and apartment neighbors will not suffer from your activities;
• The house in which your home is located does not belong to a dilapidated building;
• A potential entrepreneur is registered in the area where he plans to do business.

However, in most cases they still prefer to change the status of housing, and this has its advantages.

The main benefit of the owner who transfers his apartment to non-residential stock is that it becomes more expensive by about 20% when sold.

But here you may encounter another difficulty: will you be able to sell your non-residential property later? How interested will an entrepreneur be in this? So, before you run for profit, you need to calculate all the risks.

The downside for you here will be the wasted time on paperwork and searching for buyers.

While the property remains idle waiting for a buyer, you will have to pay utility bills, which are approximately twice as high for non-residential premises. You will also have to pay property tax, namely 2.2% of the residual value of the premises every year.

That is why the translation is carried out by the entrepreneurs themselves who bought housing.

How to change the status of an area

Transferring an apartment to another fund and vice versa simply won’t work.

The Housing Code specifies a number of requirements, compliance with which Necessarily. If the listed conditions are not met, you can not count on changes in status.

In order for an apartment to become non-residential, you need to consider:

• If the area is more than 100 sq. meters, provide a second exit to the street;
• If the premises in which you plan to carry out your activities are located on the second floor or even higher, prepare for the fact that you will have to change the status of all the apartments that are located below. According to the rules, these square meters must also become non-residential;
• Provide all engineering communications;
• Check out of your home before starting the transfer procedure, because... no person can be registered in non-residential premises either on permanent or temporary terms;
• Legalize all redevelopments.

Remember that premises located in a building classified as a cultural heritage site cannot become non-residential.

In addition, only the owner has the right to change the status.

You cannot make non-residential the area where you live under the terms of a social tenancy agreement.

Not everything is so simple with the transfer to housing stock. It must also meet certain requirements:

• The building in which non-residential premises are located must have durable structures. It also should not be classified as an emergency fund or subject to reconstruction or demolition;
• The premises must be absolutely safe and equipped in such a way that future residents cannot be injured or injured. The same requirement applies to the adjacent territory;

All utility networks must be in order and suitable for use.

We are talking about heating networks, sewerage, water supply and electricity. Utilities located in the house must also meet safety requirements.

When converting to a living space, the owner will have to think about the height of the ceilings, the concentration of harmful substances in the air, the number of floors of the building, and sound insulation. All this must also comply with the standards, which were determined by the Housing Code.

In addition, during the transfer, no matter which fund, the property should not be encumbered with anything: debts, loans, etc.

We live in a non-residential

Once you've converted your apartment into non-residential space, don't expect to be able to live in it. Along with a change in status, residence rights are lost. The legislation here does not provide for any exceptions: neither the owner, nor his relatives, nor loved ones can live in such a place.

You will no longer be able to register and obtain a residence permit at this address in a non-residential area.

Although, of course, one cannot help but say that no one can forbid you to be in your office or store. Of course, they may not control how much you spend in non-residential premises.

You have the right to rent out such objects or simply own them.

Where to go for translation

Today, the procedure for submitting documents in many regions has been simplified thanks to Multifunctional Centers that operate on a one-stop-shop principle. In one place you can submit all documents, in some cases, order certificates and receive the corresponding document after all procedures are completed.

You will need with you:

• Application for transfer;
• Documents that confirm your right of ownership;
• Documents from the BTI: technical plan, technical passport, floor plan of the house;
• If, when changing the status, some kind of redevelopment is necessary, you are also required to provide a design for it.

You must find out whether you can transfer your premises to another fund or not within 45 days. This is how long it takes to review the application and check the documents provided.

Once the decision is made, the authorized bodies have three days to notify you of their consent or refusal. The relevant paper can be sent by mail or sent to the Multifunctional Center.

A notification can also be sent to your email.

Remember the little things

Whatever plans you make to transfer your apartment, there are also some nuances that will not allow you to implement them:

First of all, remember that only the owner is responsible for the use of the space. That is, if you decide to rent out the area where a store later appeared, and at the same time did not make it non-residential, you will have to be solely responsible for this.

All orders from law enforcement agencies will be issued in the name of the owner;

You have the right to use your apartment not only as a home address, but also as a legal address.

In order to conduct business from home, it is not necessary to collect documents and transfer the premises to another fund. The main thing is to follow the rules mentioned above.

This has its advantages: you can work from your own apartment, and the law does not prohibit you from living there.

However, you will still have to change the housing status if you plan to receive mass visitors;

• Be prepared for utility prices to skyrocket as soon as you carry out the procedure for converting residential to non-residential. After all, tariffs for sewerage, water and electricity supply, heating for commercial premises are much higher.