What is the functional and purpose of non-residential premises, as well as the classification of area and the possibility of changing it?

What is it and why is it needed?

There is no specific definition of a non-residential property, but there are a number of signs that allow an object to be classified as non-residential.

Non-residential premises - real estate, but not necessarily representing separate buildings, but separate parts of buildings clearly delineated by boundaries.

Non-residential properties cannot be used for housing.

When classified, the functional purpose of non-residential premises is to be used for various purposes, some of them are subject to use only with special types of finishing, and are completely unacceptable for other purposes.

A non-residential building may serve as a catering establishment, such as a cafe, restaurant, bar . However, there must be premises used for cooking, storing and cutting food, must comply with sanitary and hygienic standards - be lined with glazed ceramic tiles, have a special floor covering, etc.

Slightly different requirements for medical premises. institutions, and completely different - when non-residential real estate houses a gym, fitness center, kindergarten, office, pharmacy, etc., and not only for san. requirements, but also for fire safety.

Knowing exactly and being able to verify by checking documents that specifically indicate the type of non-residential premises and its purpose is very important when:

• sale;
• acquisition;
• rent, etc.

The buyer or tenant is looking for non-residential premises for a specific purpose, which will allow them to save money by purchasing or renting the exact area they are looking for, with a suitable purpose and the required finishing.

In the process of preparing paperwork for opening a business, a lot of problems are eliminated if the real estate documents contain records of the intended purpose of the premises that correspond to the area of ​​activity.

Non-residential real estate, based on the requirements of paragraph 1 of Art. 12 of the Law of July 21, 1997 N 122-FZ, must be registered in the Unified State Register. Here information about the object and its owner will be entered into the database.

When registering for cadastral registration with the State Property Committee (Clause 16, Part 2, Article 7 of Law No. 221-FZ of July 24, 2007), data on the purpose of the premises (residential, non-residential) will also be recorded.

It is very important to prove that the residential building has a non-residential purpose, otherwise the area cannot be used for business.

The rules for maintaining the EDGP, approved by the RF PP dated 02/18/1998 N 219, prescribe an indication of the main purpose of the premises according to the BTI, and clause 67 requires maintaining records of changes.

This means that if you need to change the intended purpose, you should make adjustments in the Unified State Register and State Property Committee database, as well as in your title documents - this is important.

Not only its civil legal status, but also the amount of rent and the purchase and sale price depend on how non-residential premises are designed from the point of view of their intended use.

Now let's move on to the types of purposes of non-residential premises.

What is a change in target operation?

Non-residential premises are intended for social, commercial, administrative, cultural, educational and other purposes. The main taboo is the ban on living in it.

Thus, based on the requirements of current legislation, accommodation is not intended use. There is another type of misuse. These are cases when the owner of the leased property indicates the intended use in the agreement.

If, according to the contract, the tenant took the buildings for a warehouse and set up a beauty salon there, then this operation will also be classified as not intended for its intended purpose. There is no specific article that would establish the limit and responsibility for its use for other purposes, either in the Criminal Code of the Russian Federation or in the Code of Administrative Offenses of the Russian Federation. The only obstacle to misuse is the specific requirements for each type of non-residential building.

These requirements are detailed in GOSTs and Codes of Practice. For example, GOST R EN 13779-2007 “Ventilation in non-residential buildings. Technical requirements for building ventilation and air conditioning systems”, GOST 30494-2011 “Residential and public buildings. Indoor microclimate parameters"; SP 158.13330.2014 “Buildings and premises of medical organizations. Design Rules"; SP 2.13130.2012 “Fire protection systems. Ensuring the fire resistance of protected objects.”

Purpose of non-residential premises

The intended purpose of non-residential premises is the type of area, which is recorded in documents and determines the possibilities of use and can serve as a limitation.

Initially, when a building is being built, the purpose is indicated on the floor plans in accordance with the explication, which, upon commissioning, receives its intended purpose, which appears in the documents (based on the project).

Both in a residential building non-residential premises can be allocated, and in individual non-residential buildings, these areas, in accordance with the design documentation, can be named:

• pharmacy;
• store;
• office;
• dental office;
• library;
• entertainment center, etc.

But in each such case, the non-residential object immediately receives a purpose recorded in the documentation.

A clear assignment of a premises to one or another target type may limit the scope of use due to non-compliance with fire, sanitary and other requirements and standards>.

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.

Non-residential premises for free use

There is a trick to expand the area of ​​use of real estate by calling it non-residential premises for free use. What is this - non-residential premises for free use?

These are universal objects that can be used by tenants for various activity profiles, excluding special.

Free-use premises (hereinafter referred to as PSN) can have different areas, which, when placing offices or retail outlets, can be easily divided by installing prefabricated partitions and organizing the required number of compartments.

With PSN there are fewer problems when organizing your own business, they are easier to rent and sell, and the cost is much higher than with a specific connection to the purpose of operation.

There are many options for using PSN, but such premises cannot be called 100% universal; sometimes the specifics of the chosen area of ​​operation will require additional approvals and re-registration.

Drawing up conditions for rental purposes

Let us repeat once again that the intended purpose of the premises being rented is established by the parties to the transaction. There are several options:

1. It is not important to the parties for what purpose the premises are rented, the main thing is that it is not used for living. Then the terms of the contract may briefly state: “The non-residential premises are being leased.”
2. The parties indicate the purpose of use as a general definition. For example, administrative, trade, production.
3. The landlord rents out the premises for a highly specialized purpose. This situation often occurs when leasing municipal and state property. In this case, the contract may indicate that the property is rented out not just as a store, but, for example, as a grocery store.

How to change the purpose of the territory?

Many citizens ask the question: “How to change the purpose of non-residential premises?” Let’s figure it out.

If the new direction of activity does not entail drastic interventions in the layout and design of the premises, then changing the intended purpose of a non-residential property will not be particularly expensive in terms of time or money.

On his own initiative, the tenant is not given the right to change the intended purpose of the property, but only with the consent of the owner or on his instructions, executed by a notary.

For any type of activity, you will need to obtain approval in the form of a conclusion from the State Fire Inspectorate at the level of the district fire inspection department.

Next, it is important to obtain the opinion of Rospotrebnadzor, since this is the body in charge of the dignity. epid. permits, without paper from this body it is impossible to start operating a catering establishment, store, etc. You need to order plans for the rooms below and above from the BTI.

Even if the owner himself is completely sure that the premises are suitable and meet all the requirements of the Resolution of Ch. state rank doctor of the Russian Federation dated 09/07/2001 N 23, then his confidence means nothing without a document from Rospotrebnadzor specialists.

Then you should prepare:

• title papers for the property;
• registration certificate;
• explication, floor plans;
• certificate on the technical condition of the building structures (from the BTI);
• a recent document on inventory value (from the BTI);
• a paper from housing and communal services confirming that there are no debts to pay for utilities.

A package of documents with an application from the owner (or the tenant on his behalf) should be submitted to the District Prefecture. Having received a positive answer, you can adjust the purpose of the premises in the Unified State Register.

When starting activities in a new field, it is important not to forget to notify Rospotrebnadzor about this (Article 8 of Federal Law No. 294).

Algorithm: how can I change it?

If it happens that the room is ideal, but its purpose does not meet your goals, there is no need to give up. Everything can be changed.

To change the assignment, you need the following.

1. Obtain a technical report on the condition of the load-bearing walls. It is issued by BTI.
2. Order a new project according to the planned redevelopment. It must be ordered from an accredited company. Otherwise there will be problems later.
3. The resulting project must be agreed upon with all utilities and other services (energy supply organization, water utility, gas supply company, SES, Ministry of Emergency Situations, etc.).
4. With the collected package of approvals, submit an application to the interdepartmental commission under the city executive committee.
5. After the commission approves your documents, you can begin work. Construction work must be carried out strictly in accordance with the project.
6. Invite a BTI employee to issue a technical passport, in accordance with the new changes.
7. Apply to the cadastral chamber to replace your passport.
8. Next is the road to the Unified State Register. An application, an old certificate of ownership, a new cadastral and technical passport, all this must be submitted to obtain a new certificate.

• applications for reconstruction and (or) redevelopment of non-residential premises
• applications for state cadastral registration of changes in real estate
• applications for state registration of rights to real estate
• applications for state registration of rights to real estate

Only after making appropriate changes to the Unified State Register and registration documents, the purpose of the building is considered changed. Non-residential premises play a big role in our lives, since through them a wide range of services are provided to the population: from medical to entertainment.

However, despite some gaps in the legislation, namely the lack of the concept of non-residential premises, it is important to conduct business legally. The profile of the room should match your ideas. Moreover, changing the purpose of the premises is more than possible.

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Stairs and stairwells

The Housing Code of the Russian Federation uses an abbreviation to designate the types of stairs and staircases. Deviation from the rules for the formation of abbreviations has led to confusion and misinterpretation of the terms “staircase” and “staircase”.

According to the reference book “Rules of Russian spelling and punctuation. Rules for writing abbreviations and graphic abbreviations, ed. V.V. Lopatina” abbreviation is a word formed by an abbreviation of a word or combination of words and read by the alphabetical name of the initial letters or by the initial sounds of the words included in it.

Following this rule, the abbreviation of the word “staircase” is L, the abbreviation of the words “staircase” is LK. Therefore, the staircase of the first type should have the abbreviation L1 (now it is a staircase with natural light through glazed or open openings in the external walls on each floor); staircase of the second type - L2 (now these are staircases with natural light through glazed or open openings in the roof), staircase of the third type - L3. An ordinary staircase should be marked - LK, smoke-free staircase - LKN, smoke-free staircase with an entrance to the staircase from the floor through a smoke-free external air zone along open passages - LKN1, smoke-free staircase with air pressure to the staircase in case of fire - LKN2, not smoky a staircase with an entrance to it on each floor through a vestibule-gateway, in which air pressure is constantly provided or during a fire - LKN3.

Technical buildings

Among the rooms located in buildings for various purposes, one can distinguish rooms in which flammable substances and materials do not participate in the technological process and are not stored, but perform auxiliary functions. Such premises are called technical premises. This term appears, for example, in clause 4.3; 5.1.2; clause 5.6.4 SP 4.13130.2013, and they are mentioned on a par with production and storage premises, which gives grounds to consider them to belong to the functional fire hazard class F5.

According to the definition of the Terminological Dictionary of Construction in 12 languages ​​(VNIIIS Gosstroy USSR. M.: Russian language): Technical premises - an auxiliary room intended to accommodate the engineering equipment of a building.

According to SP 4.13130.2013, technical premises include: workshops, laboratories, storerooms and electrical rooms, parking lots, heating units, boiler rooms, library book depositories, server rooms, electrical switchboards, ventilation chambers, switchboards, radio centers, elevator engine rooms, refrigeration units, laundries, ironing, compressor and water meter units.

Are technical premises a separate group of premises included in production premises, that is, do they belong to the functional fire hazard class F5 or to other classes?

The answer to this question is decisive in determining the need to categorize them according to explosion and fire hazard.

Looking at the list of technical premises, you will notice that some technical premises are mentioned both as production and storage premises. For example, storerooms, parking lots, library book depositories are also mentioned in the list of warehouse premises, and workshops, laboratories, elevator machine rooms, refrigeration units, laundries, ironing rooms, compressor rooms are mentioned in the list of industrial premises [Categorization of technical premises//Fire safety. 2021. No. 3. P. 89–92]. That is, there is no clearly defined boundary between production, warehouse and technical premises. All of them are production to one degree or another and this must be recognized at the legislative level.

At the same time, clause 23, b of the Fire Safety Rules prohibits the use of attics, technical floors, ventilation chambers and other technical premises for organizing production areas, workshops, as well as for storing products, equipment, furniture and other items.

Thus, despite the fact that technical premises should be classified as functional fire hazard class F5, they should be located separately from production and storage premises.

Violation of the rules for using residential premises

Apartments and rooms in multi-apartment buildings are intended for the sole purpose of living for citizens. The Housing Code of the Russian Federation allows apartments and rooms located on the first floors of the house to be converted into non-residential premises, but for this it is necessary to comply with sanitary and epidemiological requirements and obtain permission from the owners of the apartment buildings and local authorities.

If housing is used for other purposes (for example, for the unauthorized location of a store or production facility), liability arises in the following areas:

For this purpose, compliance with sanitary and epidemiological standards is ensured, coordinated redevelopment with arrangement is carried out, and permission from Rospotrebnadzor and municipal departments is issued.

Facts of misuse of residential properties may be revealed as a result of scheduled or extraordinary inspections by the prosecutor's office and housing inspection. In addition, owners of adjacent apartments and other interested parties can file a complaint regarding these facts. When confirming the fact of placing a retail outlet in the apartment or carrying out other non-target activities, a procedural protocol is drawn up.

The protocol, as well as other materials of the administrative case, are sent to the magistrate’s court for consideration on the merits. At the end of the process, a resolution is issued with a warning or a fine.

Responsibility according to the norms of the Civil Code of the Russian Federation and the Housing Code of the Russian Federation arises in the following areas:

• restoration of the original state of the object at the expense of the violator if inconsistent changes were made to the characteristics of the object;
• compensation for property and moral damage to citizens living in adjacent premises;
• forced termination of a social tenancy agreement with the eviction of citizens - if the violation is systematic and has not been eliminated after a written warning.

If the rented premises are used for a store or for other purposes not related to residence, sanctions will be applied to the perpetrators.

Signs

The main features are as follows:

1. 
   Materiality and isolation. Non-residential space, like an apartment, house or room, is a completely isolated object. It has its own walls, floor and ceiling, as well as an entrance.

2. An object is real estate. According to Federal Law No. 122, the document distinguishes the right to state registration and to ownership of a particular premises.
3. The real estate is part of a building (this is a common feature with living space).
4. Property can be registered on a specific land area and cannot be moved.
5. The premises are included in the non-residential stock. It is isolated, despite the fact that it may be located in a residential or non-residential building.
6. The functional purpose is somewhat dual: the property is not intended for human habitation, but is suitable for doing business and being used for production purposes.