How to re-arrange a non-residential premises in a residential
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We re-arrange the non-residential premises in the residential
Non-residential area is usually acquired for the purpose of carrying out entrepreneurial activities. But if something went wrong, you can always try to move the premises into a housing fund. As, however, and any extensions to the already issued housing.
Why is it necessary to re-arrange a non-residential premises in a residential building?
FOR ACCOMMODATION OR LEASE
These are the main reasons for changing the status of the room. The law does not allow living on non-residential premises. And even more so does not allow it to be leased for the same purpose. If the commercial plans for which the premises were purchased did not materialize, then making it residential is one of the ways to get at least some benefit from it.
FOR RECEIPT OF REGISTRATION
Obtain a permanent or temporary registration in a non-residential premises, too, can not. This can be done only if it is recognized as residential. For someone, this is a good reason to start the process of re-registration.
FOR REDUCING BUSINESS RISKS
If the premise is the property of the organization, it can be withdrawn to the account of debts that arose as a result of doing business. Re-registration of real estate for an individual as a single home will help save the area in a difficult situation.
FOR ENLARGED RESIDENTIAL AREAS
You can re-arrange not only commercial real estate, but also various extensions to a residential building. For example, in the apartments there are balconies and loggias, and on out-of-town plots there are outbuildings. This is done in order to fix the actual expansion of the living space in the title documents.
See also: Combination of the loggia and kitchen: decoration of the redevelopment
CONDITIONS FOR THE REFORM OF THE NON-HOUSE PREMISES
PROPERTY AVAILABILITY
According to Art. 23 RF Housing Code to initiate the transfer of uninhabited area to a housing stock can only the owner of the premises or his trusted person. So, the applicant can not be a tenant of real estate no matter how long he rents it.
If the re-registration is carried out by a trustee, then it must submit documents confirming its authority without fail. Most often this is a power of attorney certified by a notary.
CONFORMING TO THE STANDARDS OF HOUSING
The application for the transfer of a building (or building) into a residential category is considered only if it meets all the requirements that are imposed on housing. The dimensions of the doorways and window openings, the height of the ceilings, the slope and the width of the stairs should correspond to the building standards of residential buildings. In addition, the property should be equipped with all the necessary utilities: water and electricity, heating, gasification.
NO PRESENCE
The applicant will receive a refusal to reissue if any encumbrances are imposed on the property. This may be the arrest of the premises as a result of a litigation or restriction of the right to conduct real estate transactions in recovering debt obligations. The only way out is to try to cancel the court decision.
PROCEDURE OF PURPOSE
VISIT TO INSPECTION BY HOUSING
If all the necessary papers are collected, you can safely go zhilinspektsiyu. The issue of the status of the room will be reviewed within 45 business days. Based on the results of consideration, the commission will make a positive or negative decision. In some cases, you may be advised to get additional expert assessments or approvals in a number of instances.
EXPERTISE OF THE PREMISES
This measure may be required if the housing inspection for some reason doubts the suitability of the premises for living. Examination is carried out on a paid basis at the expense of the applicant. To do this, you need to contact an independent bureau where, based on the examination of documents and a comprehensive survey of the facility, a relevant expert opinion will be made. Experts often recommend obtaining such a conclusion even before going to the housing commission.
CHANGE OF STATUS
The decision to transfer the premises from one category to another must be submitted (directly or through the MFC) to the state real estate registration authority. All that remains to be done after this is to get an extract from Rosreestr that your area has successfully acquired the status of a residential one.
PREPARATION OF DOCUMENTS
STATEMENT
The document must be addressed to the housing inspectorate of the local government or to the property management committee.
If the owner is an individual, you must indicate his full name, residence and passport details. If the owner is a legal entity, the name of the enterprise, its organizational and legal form, location and requisites of the authorized representative, including details of the document confirming the applicant's authority, are indicated.
CERTIFICATE OF OWNERSHIP
If the ownership of the premises was received earlier than 2017 year, the certificate of the old sample is submitted. Otherwise, the document confirming the rights to real estate will be an extract from Rosreestr (EGRN).
TECHNICAL CERTIFICATE
The passport for the premises is issued to the Technical Inventory Bureau (BTI). The document contains a floor plan with dimensions and layout, as well as a list of materials used in the construction of the building. In addition, the technical passport should contain a full description of engineering communications with an assessment of their technical condition.
To obtain this paper, you should prepare a statement, the applicant's identity card and a certificate of ownership or an extract from Rosreestr. Another necessary document is a receipt on payment of state duty.
With all of the above need to contact the BTI or (if it comes to Moscow) in a multifunctional center of public services (MFC).
DRAFT RE-LIST
Not all non-residential facilities meet the standards of a dwelling. In this case, you will need to order the development of a project for reorganization. Similar work is done by specialized design organizations or architectural bureaus.
Before contacting one of these enterprises, it is advisable to make sure that this institution has the right to provide such services.
As a result, you must receive a draft that is drawn up according to all rules, including a sketch of the finished building and heat engineering calculations.
CONSENT OF NEIGHBORS
For some reason, this is often overlooked, although it is as important to get the written consent of all neighbors as to collect all the other documents. If the premises are located in an apartment building, obtain permission from all those living outside the wall and on the other floor is a prerequisite for re-registration of real estate.
See also: Purchase of a site: correct registration and errors
IF YOU REFUSED TO RECONFIGURE THE PRIVATE ROOM IN RESIDENTIAL
Reasons for failure
The owner receives a refusal most often due to the fact that the premises do not comply with the norms of housing. As already mentioned, in this case, you need to worry in advance about the development of a project for reconstruction. If, due to technical reasons, it is impossible to bring a non-residential area into compliance with the housing standards, it will be necessary to cancel the re-registration. In all other situations, re-equipment and redevelopment of the premises is only a matter of time and money.
It is easy enough to solve problems related to the lack of any documents or the need to conduct additional examination.
How to apply to the court
If the reason for the refusal is unconvincing to you, feel free to contact the court. It is advisable to bring a competent lawyer to the case: he will write a statement of claim and will defend your rights at all meetings. But we must bear in mind that pleasure is not from cheap. The cost of attorney services starts from 30 thousand rubles. True, in the event of victory, all the legal costs will be paid by the defendant.
You can sue the Housing Inspectorate yourself.
First, study the Housing Code of the Russian Federation (article 22,23). Write a well-reasoned statement of claim with reference to legislative acts. Justify your position and strengthen it with prepared documents. In advance make up a short, but bright speech, in which clearly state the essence of the matter and your arguments. In case of difficulties, pay a visit to the legal advice. It will not be as expensive as hiring an attorney to work in court. If the judge does not find any inconsistencies, the truth will be on your side.
© Author: Sergey Vasilyev
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