All details about non-residential premises: definition, characteristics, differences from residential real estate, types and purposes of use

With the development of market relations, the concept of “non-residential premises” has become widely used in real estate transactions. However, in Russian legislation there is no clear definition of this concept. In this regard, citizens have many difficulties and questions.

This problem is especially of concern to merchants who want to convert residential real estate into non-residential real estate for business purposes. This question also often arises for residents of apartment buildings, who confuse common property with non-residential premises when calculating utility bills. Unfortunately, confusion in the concepts of residential and non-residential premises often leads to illegal real estate transactions and legal disputes.

What are non-residential premises

As mentioned above, the concept of “residential real estate” is absent in the legislation of the Russian Federation. However, the Civil and Housing Code and, in particular, the Federal Law of the Russian Federation No. 122 of July 21, 1997, define the characteristics of a non-residential premises that meet the requirements for residential premises: it must be an immovable and isolated object.

The boundaries of the object are the floor, ceiling and walls with the obligatory presence of an entrance.

In addition, non-residential premises must be part of the building, which determines its immovable nature and connection to the land plot.

It must also belong to the non-residential fund and can be located in both residential and non-residential buildings.

The main difference from residential is that it is not intended for permanent residence of citizens and can only be used for public, administrative, commercial and other purposes.

Residents of apartment buildings sometimes confuse common property with non-residential premises. You should know that the entrance, stairwells, elevator, attic and basement are common areas.

Non-residential premises in apartment buildings are usually cafes, shops, offices and other objects that meet this status. Such premises have owners and a certificate of ownership must be issued for them.

Article 22 of the RF Housing Code specifies the conditions under which residential premises can be converted into non-residential premises:

• the room is provided with a separate entrance (its access from a window opening is allowed);
• absence of registered persons in the premises;
• lack of rights to the premises of third parties;
• the object is not part of the residential premises.

This situation threatens the very residence in the house, causes a large number of disputes and is resolved only in court.

Features of transactions related to non-residential premises

Apartments are a new type of real estate that raises many questions among buyers. In order not to make a mistake with the purchase, it is important to understand the features of such housing, its pros and cons

The preparation of a lease agreement for a warehouse, like any other non-residential premises, is regulated by the Civil Code. The conclusion of an agreement has its own subtleties that depend on the characteristics of a particular warehouse and its purpose.

The transfer of premises from non-residential to residential is strictly regulated by law. Special requirements are imposed on the owners and premises, failure to comply with which may lead to refusal when submitting an application to the architectural department of the municipality

Coworking centers: what they are, how they are organized, what are their features, advantages and disadvantages, what is the rental price, metropolitan coworking spaces - these other issues are covered in the article

Types of non-residential premises and what they are used for

Non-residential premises are classified primarily by purpose of use. The belonging of an object to any type of purpose determines the exercise of the right to the premises, affects the civil legal status and is important when calculating rent.

Based on their use for commercial and administrative purposes, the following types of non-residential premises are distinguished.

Trading

The premises are used for retail and wholesale trade. Can be located in shopping areas centers, administrative or residential buildings. For retail premises, solid walls and the presence of individual communications (water, sewerage and bathrooms) are not required. If there are several retail outlets in a building, the communications of the building are considered common to all.

Administrative and managerial

They are used for offices, located in business centers, administrative or residential buildings, shopping and entertainment complexes. It is not necessary to have communications in offices, but they must have solid walls. Office owners can use common communications designed for all premises located in the building.

Universal

They are used for various activities (offices, trade, beauty salons, medical services, catering, night clubs, etc.).

As a rule, these are premises with a separate entrance, solid walls, as well as their own communications. They can be located in shopping centers, business centers, shopping and entertainment complexes, residential and administrative buildings.

Warehouse

They are used as warehouses for storing food, various products and other material assets. They are located in warehouse complexes or administrative buildings. Must have solid walls and a separate entrance.

The presence of communications in such a room is not necessary.

The following non-residential premises are divided by public purpose:

• Medical - premises in outpatient clinics, hospitals, medical centers, clinics, dispensaries, social adaptation centers, ambulance stations, etc.
• Educational - located in schools, universities and preschool institutions.
• Utilities - premises for ateliers, dry cleaners, hairdressers, repair shops, funeral services, etc.
• Entertainment - halls of cinemas and theaters, clubs.
• City utility facilities - isolated premises for water, heat, gas and electricity supply.
• Public catering premises are isolated objects associated with the production of public catering products, as well as their sale.
• Creative - workshops of designers, sculptors, architects, artists, fashion designers, as well as exhibition halls.
• Sports - premises in sports facilities.
• Industrial - laboratories, workshops, workshops and other non-residential facilities in various industries: chemical, petrochemical, fuel, metallurgical, energy, etc.
• Other real estate (archives, financial organizations, agencies, garages, design organizations, communications offices, telegraph and telephone network institutions).

The concept, characteristics and types of residential premises is information that lawyers working in the field of real estate should know. It is equally important to be able to work with terminology and have an understanding of the laws in this area for owners, as well as those who are just planning to purchase housing. Current regulations regulate the types of rental of residential premises, which means that those in need of rent should also have an understanding of the regulations and the terms that are specified in them. Legal information will help you not to break laws, as well as live profitably.

Categories and terms

Housing law is based on the term “living premises”. A correct understanding of this phrase allows us to understand the essence of the laws that regulate our everyday life. Knowing what types of premises there are in a residential building, a person understands what opportunities he has, what he can buy, sell, receive or otherwise dispose of, what rules this will be controlled by and what legal relations it initiates.

A correct understanding of terminology is also important when communicating with government authorities. For example, often ordinary people do not even know that laws establish types of redevelopment of residential premises and the procedure for obtaining permission for such. Many simply make home renovations according to their taste and desire, without even thinking about breaking the law, and when checked by government agencies, it turns out that everything done was contrary to regulations. In order not to find yourself in such a situation, you need to have an idea of ​​what a living space is, what can be done here and what cannot be done.

What is it about?

Before analyzing the types of residential reconstruction, it is necessary to understand what this term itself implies. A number of laws use the word “structure”. Current regulations contain references to this terminology in two senses. This may be a generic concept within which different types of objects are combined, for which certain agreements can be concluded, but in some cases only part of the house is assumed in which one can permanently reside. In this understanding, the types of residential premises are rooms, apartments in multi-storey buildings. Finally, there is a third meaning of the phrase, although it is used somewhat less frequently: accounting category. In this case, the room is placed on a par with the house.

Category and subcategories

Current legislation allows us to distinguish the following types of residential premises:

• Houses;
• rooms;
• apartments in high-rise buildings;
• specialized, service apartments, houses, in which only strictly designated persons can live.

House

This term is usually used to designate an independent object that has certain characteristics. In particular, this structure was created specifically for humans, for permanent residence within its walls. Activities in residential premises are regulated by the following requirements: safety, hygiene, sanitation. It is necessary to comply with building regulations, fire safety, and technical conditions.

Often, a residential building refers not only to the building, but also to the site on which it is built. This includes auxiliary facilities used on the farm. The types and purposes of residential premises are often drawn up taking into account the presence of long-term plantings near the constructed facility. To combine all of the above in one word, in some legislative acts the territory is called homeownership. However, the use of such a term is not mandatory according to current legal regulations.

Legal approach

If we analyze the current laws regarding the types of residential premises mentioned, it becomes clear that only such objects that have been put into operation can be classified in this category. To do this, it is necessary to successfully pass an official state commission, following which a registration operation is carried out. There are several organizations authorized for such activities. Their area of ​​responsibility includes accounting for housing stock at the state level. Currently, all types of residential premises are taken into account by the BTI, and specialized ones are registered with ministries and departments that own this or that group of citizens for whom the territories are intended.

If you analyze the country's housing stock, it becomes clear that these are predominantly mixed properties. There are both residential and non-residential areas here. The latter can have very different purposes. Almost any large house includes a store, that is, a trading area; often there are places open for administrative purposes, communal, household or even medical.

Rooms, apartments

When analyzing the concepts and types of residential premises present in current legislative acts, special attention should be paid to these two categories. Usually they are present in residential buildings: in fact, buildings are divided into rooms and apartments where people live. The first involves a separate area bounded by walls. In addition to living rooms, there are auxiliary rooms. These include corridors, storage rooms, and sanitary areas.

The concept and types of residential premises necessarily involve considering an apartment as a separate object. This term is usually understood as a living space that is built for the permanent residence of a person and is used for its intended purpose. The apartment has its own exit leading either to the staircase or directly to the street (courtyard). Some of these living spaces open onto the kitchen or hallway - this depends on the layout of the building as a whole, as well as on the type of building.

Rules, features and categories

The above division into groups of territories is very important from the point of view of legal relations, since current regulations regulate the possibility of concluding different agreements, depending on one type or another. The laws mention possible types of residential lease agreements, and also clearly and clearly state that such agreements can only be concluded for a certain separate, isolated premises, created specifically for human habitation. That is, an agreement can be concluded for an apartment, a room, several rooms or a building as a whole. If the rooms are adjacent, you cannot sign a separate official document for each of them.

Restrictions by law regulating the types of rental agreements for residential premises do not allow the possibility of signing papers for part of the room. You can read about this in Article 673 of the Civil Code. In addition, it is unacceptable to enter into an agreement for ancillary premises, renting or selling them as intended for permanent residence.

Living quarters: description

Current regulations regulate what parameters can be used to characterize a territory intended for permanent human residence. First of all, this is, of course, the area. General and useful are indicated separately. In this case, it is necessary to summarize all the rooms inside the apartment, take into account the rooms intended for housing, as well as common spaces and utility areas. But to calculate the living space, it is necessary to sum up the values ​​typical for rooms (working, dining, playing, sleeping), terraces, verandas, if they are insulated and equipped in such a way that you can live here all year round.

Since 1995, special regulations have been introduced in our capital regulating the types of lighting in residential premises, the specifics of calculating living space and some other features of the assessment and analysis of territories intended for permanent residence. In particular, to calculate the total area of ​​the room, you need to take into account built-in wardrobes, cold storage rooms, balconies and other areas. To calculate the total area per building, it is necessary to sum up the indicators of all individual apartments. To calculate living space, you do not need to take into account built-in wardrobes. Also, dark rooms, that is, closets, are not counted.

Features of legal norms

The legislation establishes the specific term “auxiliary area”. It must be applied to special-purpose areas - bathrooms, kitchens, storage rooms, hallways. This also includes restrooms, but only if they are heated.

The code, in particular Article 130, is especially important for determining the type of residential premises of a specialized housing stock and the general code. It examines the features of residential premises and buildings, and also specifies the conditions that allow objects to be classified as real estate. Housing policy in the state is regulated by introduced laws and involves classifying houses, plots with which they are connected, and also non-residential territories belonging to these objects as real estate. Real estate also includes outbuildings and perennial plantings. The term can be used in relation to apartments, houses, and other types of premises intended for permanent residence. Finally, this category includes engineering infrastructure, structures intended not only for permanent habitation, but also temporary ones.

Living spaces

This category includes territories that are quite different from each other. A federal law has been introduced in our country regulating the specifics of real estate and legal relations related to it. In the sixth article of this regulatory act you can find all the parameters by which a certain plot can be classified as a residential premises. In addition, the law stipulates that the housing stock is owned by a legal entity, a private person, a municipality, or the state. The territory may be owned by public organizations. It is possible to register collective ownership.

Buildings intended for human habitation can be divided into several groups. For division, it is customary to evaluate the purpose of the site. Highlight:

• apartment type, most of which are intended for family living;
• dormitories created for temporary residence (students, workers, singles);
• dacha type, intended for habitation all year round (summer dachas are not included here).

Current legislation regulates the mandatory procedure for registering a residential building with the authority responsible for this.

Criteria are important!

Currently, it is impossible to classify as residential any object that is used by a person for permanent residence. This category can only include a territory that is created for permanent habitation and is equipped accordingly. It is important that the site meets the established sanitary and technical parameters established by law.

Laws and restrictions

If you pay attention to the standards put into force by law in terms of federal housing policy, you will notice that the housing stock includes not only residential premises where people can live permanently. It is also necessary to include other residential premises in this category, regardless of the form of ownership.

This expansion of the concept suggests that specialized buildings must be classified as residential buildings - shelters, dormitories, boarding schools, as well as special houses for single people, elderly citizens, and the disabled. The housing stock of our country includes specialized premises, as well as territories intended for permanent residence, recognized as suitable by a special act, but located in a non-residential building.

Residential premises: two categories

The above features of the introduced classification systems make it possible to divide all residential areas of our country into two large groups:

• for permanent use (suitable for long periods of time);
• for temporary use.

An alternative option for identifying types of residential premises involves the presence of groups:

• Houses;
• apartments;
• rooms;
• other premises recognized as residential and intended for living.

To be included in the latter category, it is necessary to take into account the national traditions characteristic of a particular area of ​​the country. It is important that these traditions be enforced by the laws of the land.

Legal objects and relations

According to statistics, most often the objects of legal relations are premises intended for permanent, long-term habitation of people here. It is they who primarily formed the state's housing stock. It should be taken into account that some objects were originally built as permanent ones, but in fact they are used only for temporary habitation. These include service, hotel facilities, maneuverable, as well as numerous hostels. Citizens usually stay in such places for a relatively short period of time.

The modern system of classifying objects that form the state’s housing stock involves taking into account legal relations on the basis of which a citizen can use the territory. Some plots are transferred as part of social tenancy, while other relationships arise when concluding an agreement on commercial tenancy or rent. A number of residential premises are owned by cooperatives and citizens. They allocate a specialized fund, a service one. The laws contain references to the possibility of other reasons for living on the site in question - these are designated as “other reasons”.

Housing stock: features of formation

The creation of a centralized housing stock, which includes all the premises where a person can live, made it possible to form a legal basis for controlling legal relations related to real estate. In particular, this applies to short-term use of territories intended for living. The centralized housing stock has become the basis for providing social guarantees and legal aspects. This gives citizens security, regulated by the standards of current laws.

Rights and conditions

If a citizen is forced to live in a territory intended for temporary use, he can generally count on the same rights as other people who have a facility for long-term residence at their disposal. The same standards apply to those who rent housing and use public funds.

Many people doubt whether buildings and structures where people can live temporarily - cabins, trailers, prefabricated houses - can be classified as housing stock. The current standards of our country establish that such objects cannot be included in the housing stock. However, the practice of living in such facilities for years is known. Some people obtain registration in such a territory, pay for utilities and other bills. If such a property becomes the subject of litigation, it will not be classified as residential. This means that during eviction, the standards of property legal regulations will apply, and not those adopted in relation to housing.

Suitable or not?

As can be seen from judicial practice, in a number of cases the object of the proceedings becomes a plot of land used by a person for permanent residence, but which does not have the conditions for such use. Often people live in areas that are completely unsuitable for this purpose or are recognized as such during an official assessment. A typical example is basements, where neither sanitary nor technical standards are anything close to those established for normal housing. Of course, it is impossible to live in such a place, and if such a fact is revealed, the person is evicted.

The status of non-residential premises has a number of significant differences, which relate not only to its intended use, but also to registration of ownership, placement of commercial objects, and the procedure for sale. What legal norms determine the legal status of such real estate, on what grounds are such premises located in apartment buildings, and the features of non-residential properties will be discussed in this material.

Regulatory regulation of non-residential premises

The description of real estate funds contains the following regulations:

1. Housing Code of the Russian Federation. The document does not contain a direct indication of the status of this type of object as commercial. However, the act contains a definition of residential premises, which means apartments, houses and other isolated units suitable for permanent or temporary residence. Accordingly, objects in which it is impossible to register citizens at the place of residence are considered “non-residential”. There is no precise definition in the law for such infrastructure facilities.
2. Federal Law No. 122 “On registration of rights to real estate and transactions with it.” This law presents the exact characteristics of non-residential properties - this is a premises as part of buildings and structures, with a separate entrance, meeting sanitary and technical standards, and registered in the state register as part of a non-residential fund.
3. Criminal Code of the Russian Federation. Gives the concept of non-residential premises as a building or structure located in any form of ownership - private, municipal or state, the purpose of which is the temporary accommodation of people, storage of material assets for official or production purposes.

In addition to premises, non-residential buildings are also allocated. They are real estate objects that serve to house production workshops and large companies with several departments. Their characteristic feature is the ban on registration and residence of people on both a temporary and permanent basis.

The legislator gives the following characteristics of the non-residential real estate fund:

• the presence of a separate entrance with access to the street or to service premises;
• lack of registration on the square;
• identifying an object as non-residential, identifying it as a separate unit as part of a structural element in a multi-story building;
• a strong connection between the premises and the land on which the building is located is required;
• registration of isolated square meters as non-residential when entering the relevant data into the Rosreestr database.

According to the requirements of Russian legislation, a clear division of areas into those suitable for living and those intended for conducting commercial activities or for housing employees has been established. It is strictly prohibited to use the premises for living if the documents indicate the status as non-residential. This may result in bringing the responsible persons to administrative liability.

To carry out commercial activities, you must submit an appropriate application and documents confirming ownership of the premises to the authorized government bodies. When satisfactory technical condition is established, registration of the new status of the real estate unit in Rosreestr is required. Such actions are carried out only if it is permissible to transfer residential premises to a commercial property.

The status of the area as commercial or office is established, including when separating units from a multi-apartment residential building, subject to the following requirements of property owners:

• Use exclusively for the purposes provided for by civil law - for the placement of shops, pharmacies, and other infrastructure facilities.
• Carrying out activities that do not contradict the norms of the current law, do not violate the rights and legitimate interests of other citizens and companies, and do not harm their property, both owners and lessors and tenants of property.
• Maintaining facilities in normal sanitary and technical condition, which does not pose a threat to the environment and does not lead to pollution.
• Conducting work in compliance with fire safety rules.
• Closing of the premises after 23-00 in accordance with the requirements for silence and order.
• Carry out repair work in compliance with the rights and legitimate interests of residents in accordance with the conditions specified in regional regulations.
• Install meters to monitor consumption and pay for housing and communal services.
• To take part in decisions made by the general meeting of owners of an apartment building, which includes non-residential premises, to finance or carry out on their own the improvement of the local area related to non-residential premises.

The grounds for transferring residential areas to a non-profit fund are listed in Article 22 of the Housing Code of the Russian Federation. These include the absence of claims to the area by third parties, including citizens who have rights to inherit or receive property under other civil law transactions, and the registration of all residents at the time of registration of property. Such actions are possible only if the area is not included in the residential area as a structural unit and is listed as capital, that is, it has a solid base in the form of a foundation, floor and walls, and an isolated exit.

It is allowed to transfer premises to non-residential premises under the following conditions:

• There is no isolated entrance if the area of ​​the real estate unit is more than 100 sq.m.
• The building where the object is located is in danger of collapse, is classified as unsafe or dilapidated, if it is recognized as such on the basis of a resolution of regional authorities.
• The premises must be located on the first floor of a residential apartment building, which meets technical and sanitary safety requirements.
• It is possible to transfer only the entire isolated room as a whole; individual rooms, for example, in an apartment or communal housing, are not possible.
• There must be no encumbrances on the property if documents are submitted for transfer to a non-residential property when concluding a commercial lease agreement, arrest by order of a court or other authorities, in a pledge or mortgage.

Find out who owns a non-residential premises, plot, house or garage in three steps:

Commercial premises used by owners for business or official purposes should be distinguished from areas that belong to common areas in apartment buildings. These include elevators, technical areas, basements and attics, stairs, entrances, wheelchairs, utility units and other areas in respect of which such status has been established based on a decision of the owners of an apartment building or shared ownership, cooperative.

Such premises, even if they are created for the functioning of the entire building in common ownership, cannot be registered as non-residential. It is prohibited to operate them as separate areas for commercial activities. Exceptional cases include the placement of services that are responsible for the maintenance and servicing of the house - technical stations, elevator rooms, use for storing work equipment for home repairs, cleaning the local area, etc. The placement of a non-residential property should not create obstacles to the use of common house equipment in the form of electricity meters , water supply, landscaping and cleaning of the territory, and other technical means.

Classification of non-residential premises

In practice, it is customary to divide areas according to their intended purpose. These include:

• Medical - as part of clinics and dispensaries, ambulance stations and hospitals, outpatient centers. They are secured by the right of operational management for the placement of state and municipal institutions, property - in the case of private ownership of a company or citizens.
• Entertainment - for placing cinemas, clubs, parks.
• Utilities - to supply administrative units with gas, heat, water and electricity.
• Educational - for universities and schools, preschool institutions created on a commercial or private basis.
• Production - for the arrangement of warehouses, workshops, laboratories in various fields of industry, etc.

The legislation establishes a clear list of grounds for qualifying a property as non-residential. It is possible to transfer a fund used for the residence of citizens to a commercial or official one, however, subject to a number of conditions specified in regulations.

The legislation of the Russian Federation does not provide precise definitions of the terms “purpose of premises” and “functional purpose of premises”.

So, according to sub. 3 clause 36 of block 3.5 of the Procedure for maintaining the Unified State Register of Real Estate..., approved. By order of the Ministry of Economic Development of Russia dated December 16, 2015 No. 943, premises according to their purpose (without specifying what purpose) are divided into residential and non-residential. And then the USRN already reflects the types of permitted use of a specific premises.

Since residential premises can be used exclusively for the residence of citizens, they are not classified according to their intended purpose.

The functional purpose of non-residential premises was previously necessarily indicated in the design documentation. However, the current version of the law “On participation in shared construction” dated December 30, 2004 No. 214-FZ no longer contains a mandatory requirement to include in the information about the construction project information about the functional purpose of non-residential premises that are not related to common property (clause 24 of Art. 1 of the Law “On Amendments...” dated July 3, 2016 No. 304-FZ).

Classification of non-residential premises according to their intended purpose. On what basis are types (types) of non-residential premises distinguished according to their intended and functional purposes?

1. The intended purpose of non-residential premises usually refers to the type of activity for which the premises will be used. Based on this criterion, premises can be classified, for example, as follows:
   • trading;
   • production;
   • warehouse;
   • municipal and household;
   • catering facilities;
   • office;
   • medical;
   • educational;
   • sports;
   • free appointment, etc.
2. Functional purpose means that a room has technical characteristics and design features that allow it to be used as an independent object. The classification of premises can be as follows:
   • basic;
   • auxiliary;
   • serving;
   • communication;
   • technical.

Changing the functional purpose of non-residential premises: where to find order

Taking into account the uncertainty of the concept of the functional purpose of non-residential premises, we will consider 2 situations:

• It is required to convert non-residential premises into residential ones (or vice versa). The basic conditions of such a translation and the composition of the necessary documentation are regulated at the federal level (see Chapter 3 of the Housing Code of the Russian Federation).
• It is required to formalize a change in the type of production activity specified in the design documentation for non-residential premises. If such premises comply with sanitary, fire and other requirements (GOST, SP, i.e. sanitary rules) presented for premises in which the planned activity can be carried out (for example, for catering services, medical services, kindergartens, etc. ), then there is no need to obtain special permits specifically for conducting such activities in non-residential premises (we recommend reading our article on this topic: Obtaining a sanitary and epidemiological conclusion). In some cases, redevelopment may be required, which must be formalized in accordance with the law.

IMPORTANT! Additional restrictions may be imposed on non-residential property owned by the state or municipality in a particular region.

Rights and obligations of the owner of non-residential premises in a residential building

Thus, the powers and responsibilities of the owner include (Article 30 of the Housing Code of the Russian Federation):

• possession, use and disposal of premises;
• provision under a contract for the possession and use of such premises to other persons;
• maintenance of the premises;
• maintaining the premises in proper condition, as well as other obligations and rights established by law.

So, all premises are classified by law into residential and non-residential. The law does not provide a unified classification of non-residential premises. A change in the functional (purpose) purpose of non-residential premises is usually carried out without additional permissions from government agencies, provided that such a change does not contradict the requirements of SanPin, GOST, agreement of the parties or regional legislation.

Purpose of use of non-residential premises: definition, classification and procedure for change

A room that does not meet certain sanitary and epidemiological requirements and fire safety standards is classified as non-residential. Such real estate has its own purpose, in accordance with which it should be used.

More information about the intended use of non-residential premises can be found in this article.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Definition of the concept

The legislation of the Russian Federation does not have a clear definition of a non-residential property. However, there are a number of signs according to which such real estate can be identified.

Signs of a non-residential property:

• not intended for residential use;
• used for industrial and public purposes;

Belonging to real estate.

It is an integral part of the building (this distinctive feature delimits non-residential premises and structures, and at the same time indicates their spatial relationship).

Isolation: just like housing, non-residential premises must be isolated; materiality: the presence of certain boundaries.

Relationship with the land plot: real estate is registered at a specific address.

Classified as a non-residential property, it can be located in both a residential and non-residential building.

Read more about the differences between residential and non-residential premises here.

Intended use of real estate not intended for residential use

Information about the purpose of the premises is entered into the database at the time of cadastral registration(according to clause 16, chapter 2 of Law 221-FZ of July 24, 2007). Non-residential premises have their own purpose - the type of activity for which this object is intended. The purposes of using non-residential premises are distinguished as follows:

• office;
• trading;
• sports;
• municipal and household;
• educational;
• medical;
• production;
• catering establishments;
• warehouse;
• free appointment, etc.

Real estate objects not intended for residential use are subject to another classification - by functional purpose. For this purpose, technical characteristics and design features are taken into account. In this aspect, the premises are:

• technical;
• auxiliary;
• communication;
• basic;
• serving.

Basic division of objects

The concept of purpose of non-residential premises is not legally defined. According to the order of the Ministry of Economic Development of the Russian Federation No. 943 dated December 16, 2015. The procedure for maintaining the Unified State Register was approved. Block 3.5, clause 36, subclause 3 of the document states that, according to their purpose, premises are divided into residential and non-residential.

Moreover, the first ones are intended exclusively for one purpose - residence of citizens. The latter are classified according to their intended purpose in accordance with the type of permitted use in the Unified State Register of Real Estate.

Responsibility for improper use

Use of non-residential premises for other purposes entails administrative liability. In order to avoid disputes and litigation, it is necessary to harmonize the documentary and actual purposes of real estate.

Another significant point is that non-residential premises are not intended for living. In the Housing Code of the Russian Federation in Art. 15 contains comprehensive requirements for residential premises. If at least one condition is not met, you cannot live in the building or part of it.

The legislation of the Russian Federation does not include direct liability for living in non-residential premises, but there is liability for violation of sanitary and epidemiological standards (in terms of area, noise level, layout, lighting, etc.).

You will find more information about the rules for using non-residential premises in this article.

Classification of areas and their characteristics

Free - what is it?

In order to expand the possible areas of use of real estate, you can give it the status of non-residential premises for free use. Such facilities are operated by owners and tenants in various areas of activity, with the exception of specialized ones.

The intended purpose of real estate often becomes known at the time of design, but The best option for the owner is to create a universal structure. Such a building can be repurposed at the request of the tenant. Often non-residential premises for free purposes are used as shopping centers, offices, household or social enterprises.

Free-use premises, despite their multifunctionality, cannot be fully suitable for all areas of activity. Given the specifics of the institution’s work, in some cases additional documentary approvals will be required.

Residential

According to Law No. 218-FZ, Article 8, Part 5, Clauses 9, 10, 11, the Unified State Register includes additional information about the purpose of the building, premises, and its name. When registering for cadastral registration, only basic information about the property changes; regarding changes in purpose, you should be guided by the Housing Code of the Russian Federation (Chapter 4). Important, that changing the purpose of a room in a building does not entail a change in the building itself(for example, residential premises, non-residential building).

In this regard, authorized state bodies send information about changing the purpose of non-residential premises to the Unified State Register of Real Estate for inclusion of such information in the register (Law No. 218-FZ, Article 32, Part 1).

Law 221-FZ of July 24, 2007 “On the State Real Estate Cadastre” includes information about the type of real estate (non-residential or residential building), as well as its purpose (residential, non-residential premises). This information is also recorded in the certificate of state registration of ownership.

Read more about the classification of non-residential premises here.

Instructions for changing a functional prescription

The owner of the property, as well as the tenant in agreement with the owner, can change the intended purpose, while There are two options for changing the purpose of non-residential premises:

1. Conversion of the property into residential (in accordance with Chapter 3 of the Housing Code of the Russian Federation).
2. Changing the type of activity.

The main stages of repurposing a room:

• drafting;
• its coordination with city services (city water utility, SES, Ministry of Emergency Situations, etc.);
• preparing documents and submitting them to authorized government bodies;
• carrying out work in accordance with the design documentation and putting the building into operation;
• registration of a technical passport by a BTI representative;
• obtaining a new cadastral passport;
• contacting the registration authority to obtain a new certificate of ownership.

Where to contact

Whatever the direction of work, coordination with the State Fire Inspectorate will be required. To do this, you should contact your local fire inspection department. To confirm compliance with sanitary and epidemiological standards, you need to obtain permission from Rospotrebnadzor. BTI will prepare plans for the premises located below and above the facility.

The documentation, together with the owner’s application, is submitted to the District Prefecture. After making a positive decision, the owner applies to the Unified State Register, where a new registration of the premises is carried out.

Drawing up and approval of the project

Before contacting the design office, you should find out the condition of the load-bearing structures, floors, wiring, water supply system, and whether redevelopment is possible in this building. Having the necessary documentation and the results of the preliminary survey, you can begin drawing up the project.

If necessary, additional sections may be included in the document:

• Constructive decisions;
• façade design;
• heating, ventilation;
• drainage and water supply, etc.

Drawing up a project is the most difficult and important stage. Coordination occurs in the following order:

1. Housing inspection.
2. Fire supervision.
3. Sanitary and epidemiological supervision.
4. Expert Bureau.
5. Department of Architecture (if the façade of the building is affected).

Preparation of documents

To change the purpose of the premises you need to prepare the following documents::

• statement;
• title documentation;
• technical plan (read about the difference between a technical plan and a technical passport here);
• explication;
• redevelopment project;
• certificates from the BTI on technical condition, inventory value;
• certificate of absence of utility debts.

Getting permission

After submitting the documents, local authorities study the site and consider the possibility of repurposing within up to six days. If a positive decision is made, the applicant is issued a permit with an unlimited validity period. If any violations are identified, a period of 10 days is given to eliminate them, after which the application is reconsidered.

Financial costs

The main financial expenses are aimed at:

1. Preparation of project documentation.
2. Payment for Housing Inspectorate services.
3. Covering the cost of construction work.
4. Payment of state duty.

The estimated price for services in Moscow and the region is:

Deadlines

As usual, it takes 1-2 days to prepare a technical report. Depending on the complexity of the project, preparation takes from several days to two months.

On average, it takes from 10 to 30 days to prepare BTI certificates and call a specialist. Working with an architect takes up to two weeks, and making changes to the documentation takes no more than 30 days.

Making changes to the cadastral plan

Changes to cadastral documentation are made on the basis of a technical plan with a drawing and description of the main parameters of the object. This procedure can take from three to eighteen days, depending on the complexity and scale of the changes. The result is a completed cadastral passport with an updated layout of the property.

Non-residential premises have their own purpose, in accordance with which they are used. If the owner or tenant decides to change the type of activity, it is necessary to bring the premises into compliance with the new standards and requirements. To achieve this, its purpose is changing. The procedure is labor-intensive and costly, requiring certain knowledge and an algorithm of actions.

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Signs, types and classification of non-residential premises

Since market relations are currently very developed, the concept of real estate transactions has become very widely used. But in Russian legislation there is no clear concept for such actions, which causes some difficulties.

This problem worries businessmen who want to convert residential real estate into non-residential real estate for business purposes. This question often arises before residents of houses who confuse non-residential premises with common property in the process of calculating utility bills. Read on to learn more about the types and features of such premises.

Signs

The main features are as follows:

Classification by type of permitted use

Non-residential premises can be used for any activity. If we take into account all types of permitted use, then all premises are divided into the following types:

Office.

It is used to create an organization’s office, and can be located in shopping malls, shopping centers and business centers. It may also take place in a large office building. The office space has characteristic solid walls that separate it from other spaces. It is mandatory to have communications directly in the building (water, bathroom, drain). Trade area.

It can be used for trade, and placed in a shopping center or in a residential building. It does not always have solid walls, but the presence of basic communications not far from such an area is mandatory. They can be designed for a small number of trading platforms. Multi-purpose room.

It is suitable for different types of activities (office, medical services office, sports club, solarium, manicurist’s office, sugaring specialist’s workplace). The room is separate, it has a separate entrance and solid walls that separate it from other rooms. It must also have its own communications, and it can be located in a shopping center or residential building. Stock.

It may take place in an office building or in a sports facility. It is characterized by solid walls that separate it from other rooms. The presence of a separate entrance and basic communications is not necessary, because it is often used to store products or equipment.

Auxiliary and main

The main premises are those in which functional processes are carried out. This includes premises, auditoriums and classes in government institutions, offices, chambers. There are also public premises, namely cinemas, theaters, halls in museums, clubs, assembly and reading rooms, administrative offices, and shopping areas.

How is the division by purpose carried out?

The intended purpose refers to the activity for which a particular premises can be used. Based on this criterion, premises are classified into:

The functional purpose of the room is the presence of design features and technical characteristics that allow it to be used as an independent object. The classification could be like this:

• Basic.
• Technical.
• Communication.
• Auxiliary.
• Attendants.

Conclusion

In conclusion, it is worth noting that there are a lot of non-residential premises that can be used for different purposes. Their size is also very different. Such objects can be purchased for running your own business or for industrial use. They can also be rented by concluding an agreement with the owner. It is important to choose the right type of premises and make sure that it meets your needs and has everything necessary for non-residential use.

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