Non-residential premises in an apartment building: what is the difference between the legal norms for keeping non-residential premises from residential premises?
Currently, the term "non-residential premises" is used quite often. Meanwhile, its clear definition in the domestic legislation there.
The gap in the norms leads to the appearance of a multitude of difficulties both for ordinary citizens and for entrepreneurs who want an apartment in move the apartment house to non-residential premises. In the absence of a clear definition, in practice, often illegal transactions with real estate.
What is non-residential premises in a block of flats? Let's understand.
Non-residential premises in a block of flatsmust be distinguished from the place of common use. The key feature is the presence of a non-residential premises of a legitimate owner. Such objects, as a rule, refer to commercial real estate. They are formed by transferring an ordinary apartment at apartment building in non-residential premises.
Owners such objects are equated to the ownersapartments. Accordingly, they have the same rights and perform similar duties as neighbors. First of all, it concerns the expenses for consumer services. Owner non-residential premises in a block of flats must pay the same as other owners of apartments. At the same time, even services that the subject does not actually use (for example, elevator, concierge) are included in the payment.
Requirements for non-residential premises in a block of flats
At the legislative level, a set of rules is established, which should be followed by the owners of such facilities. These requirements are designed to protect the interests of other apartment owners in a multi-apartment residential building with non-residential premises.
In such premises it is prohibited to conduct activities that involve pollution of the environment, the creation of an unfavorable sanitary and epidemiological situation. Simply put, in non-residential premises in a block of flatsYou can not equip a public toilet or medical institution for patients with infectious diseases.
The object must correspond to the fireproof,sanitary and town-planning norms. The room must have a separate entrance. The object should be located on the first floor or above other non-residential premises.
If the premises are equipped for a cafe or other catering institution, it should be closed no later than 23.00.
Legal status non-residential premises in apartment buildings is regulated by various legal documents. The most important of these is the Constitution, which establishes the right to private property.
Issues related to the exploitation of the generalproperty in MKD, are regulated in the Civil Code. In the 290th article, in particular, it is said that the owners of premises in apartment buildings have common premises, bearing structures, electrical, mechanical, sanitary and other equipment inside and outside their apartment, which serve more than one premise on the right of shared ownership. Legal owners can not alienate their share in the right to such objects without transferring ownership of the dwelling.
In the LC there are norms, according to which transfer to non-residential premises. In a block of flats A reverse procedure is also possible.
In the governmental decree of 2011, the right of owners of non-residential premises to use the collective household reserves of the structure is fixed.
Normative regulation of issues relating to the objects in question is also carried out in accordance with the acts of municipal and regional government.
The area of the whole house includes the areas of allapartments and a common area. The latter includes elevators, staircases, cellars, attics, etc. Their parameters are reflected in the technical passport, which is stored in the management company or in the HOA. Calculation of the area is important in determining the amount of payment for utilities, in particular, heating.
The size of non-residential premises is formed from the areas of all internal sections. Balconies and loggias are not taken into account. When determining their areas, they use decreasing coefficients.
Conditions for transferring a residential property to a non-residential premises
Some owners do not use their apartments for their intended purpose, that is, for living. Instead, they decide to transfer the objects to non-residential ones to obtain a stable income.
Legislation establishes a number of conditions for such a transfer.
First of all, in the room it is necessary to equip a separate entrance. If its area exceeds 100 m2, then there must be a second, spare entrance.
An indispensable condition is the absence of registered residents in the premises. Before moving an object from it, you need to sign out.
On the site there should be no encumbrances. This means that the premises should not be in pledge, mortgage, long-term lease.
As stated above, the apartment must be on the first floor or be above other similar non-residential premises.
It is prohibited to transfer residential premises to non-residential premises in emergency structures or buildings that must be demolished.
Another nuance - you can transfer only the whole apartment as a whole. You can not make any one room in it uninhabitable.
The transfer may be refused if the structure refers to the monuments of cultural and historical heritage.
Features of the procedure
If all the conditions mentioned above are met, you need to collect a package of documents. It includes:
- Floor plan. It is issued in BTI.
- Title document (certificate) for the apartment.
- Technical passport and room plan.
- If the redevelopment of uninhabitedpremises in an apartment building, then its plan is provided. It must be approved by an authorized body that implements control functions in the construction sector. At the same time, it is necessary to obtain the consent of the tenants for the redevelopment.
- Statement. It is served in the appropriate government agency. In Moscow, for example, it is the Department of Property.
Documents, other than the application, can be submitted in the form of notarized copies. The decision is made within 48 days (working). Refusal can be challenged in court.
Nuances of the realization of rights and duties
As already mentioned above, the rights of owners of premises (residential and non-residential) in MKD are identical. This provision extends to the territory of general use.
Obligations of owners cover the scope ofutility payments. All owners must bear the costs of maintaining a common territory, including those adjacent to the house. In this case, the accrual of the corresponding amounts will be carried out in the event that the owner of non-residential premises does not use these territories.
With regard to rights, they include the rightvoices at general meetings, as well as the opportunity to participate in the discussion and resolution of issues related to repair, improvement, choice of management method, etc.
Supply of utilities
Owners of non-residential premises in MKD are given the opportunity to choose the most suitable option for them:
- Conclude agreements on the supply of services directly with the service enterprises.
- To issue an agreement with the management company or the HOA.
List of services that can be supplieduser, includes water, energy, heat, gas, sewage. At the same time, they are provided in the same amount as other apartment owners.
The owners of non-residential parts of the building areresponsibility for the proper maintenance of meters (meters). On their damage, failure to be timely reported to the suppliers of the relevant services.
Transfer of a non-residential facility to a dwelling
To change an object's assignment, you must:
- Contact the project organization to create a plan for redevelopment.
- Collect a set of documents. It includes the title deed, the minutes of the meeting of the tenants, the project, the conclusion on the compliance of the object with the requirements established for residential premises, a copy of the passport.
To translate a room you need to writethe application and submit it with the attached documents to the authorized authority. The answer will also have to wait 48 days. If the transfer is denied, this decision can be challenged within three months.
If the answer is positive, it is necessary to re-plan and issue a new technical passport. Then you should make changes to the property register, get the owner's certificate.
If the owner of the premises is a minor, all actions on his behalf are committed by legal representatives. They can act as parents, guardians, trustees, adoptive parents.</ p>>