How to correctly classify real estate? Types of non-residential premises

What are these buildings?

The current legislation of the Russian Federation does not provide a clear explanation of the terms “purpose of premises” and “functional purpose of premises”.

Reference! 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 the Russian Federation dated December 16, 2015 No. 943, there is a division of all premises into two types: non-residential and residential.

The provisions of the Unified State Register determine the types of permitted use of a particular object. Previously, the functional purpose of a non-residential building was necessarily indicated in the design documentation. But at present, 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 a construction project information about the functional purpose of non-residential buildings that do not belong to common property.

The Civil and Housing Code of the Russian Federation, as well as Federal Law of the Russian Federation No. 218 dated July 13, 2015, provide the main criteria for non-residential premises, which also meet the requirements for a residential building, namely:

1. The object must be immovable and isolated, its boundaries are the floor, ceiling, walls.
2. There must be an entrance to such a building.
3. The immovable nature of the object is due to the fact that it is part of a building located on a specific plot of land.
4. It can also be located in residential and non-residential buildings, but the premises themselves must be classified as non-residential.

The main difference between a non-residential property and a residential one is that it does not provide for permanent residence of people, and also that it is allowed to be used only for administrative, public, commercial and other purposes.

Most citizens do not distinguish between the legal status of common property and non-residential premises. The entrance, attic, elevator and basement are considered common areas. Non-residential premises in apartment buildings include cafes, shops, offices and other organizations. A special place is occupied by domestic non-residential premises in which there are studios, shops, and social welfare institutions.

Administrative buildings are structures united by a common architectural task, the main purpose of which is to create conditions for the functioning of the administrative apparatus of state, municipal and private enterprises, institutions and organizations.

Decree No. 7: purpose of real estate, TNLA

Decree No. 7 of November 23, 2017 “On the development of entrepreneurship” (hereinafter referred to as Decree No. 7) introduced many innovations that will affect the work of organizations and individual entrepreneurs. Thus, there will be a different approach to the use of technical regulations, and it will become easier to change the purpose of real estate.

Not all TNLAs must be observed

After Decree No. 7 comes into force, technical regulations will be developed only for certain products. Namely, if in aggregate <1>:

— products are included in a single list for which mandatory requirements are established within the EAEU;

— the technical regulations of the Customs Union and the EAEU in relation to it have not entered into force or do not apply.

Note! From the date of entry into force of the technical regulations of the Customs Union and the EAEU, it will be possible not to apply the TNLAs of Belarus, which establish mandatory requirements for the relevant products <2> .

Technical codes will be mandatory for use if they are referenced in legislative acts, technical regulations of Belarus or legal acts of the Council of Ministers, and state standards - when they are referenced in technical regulations of Belarus. If a business entity declares an obligation to comply with a technical code or state standard, their application will also become mandatory <3>.

If, in accordance with legislative acts or resolutions of the Council of Ministers, TNLA is mandatory for application, then it will be included in the National Register of Legal Acts and published on the National Legal Internet Portal <4>.

Property may not be used for its intended purpose

The garage can be used as a workshop to provide vehicle repair services without the consent of the garage cooperative <5>.

It will be possible to use real estate for purposes other than its intended purpose for offices, industrial and retail facilities, catering and consumer services. The main thing is that it does not require its reconstruction and that the legitimate interests of citizens and other business entities are not violated <6>.

Note: The purpose of a property can be found in the Unified State Register of Real Estate, Rights to It and Transactions with It.

At the same time, the following may not be placed in residential buildings, including <7>:

— baths, saunas;

- dry cleaning;

— funeral homes, funeral service stores;

— discos;

— physical culture and health complexes with a total area of ​​more than 150 square meters. m;

— temporary holding points for animals.

Changing the purpose of real estate will become easier

Now, within the framework of one administrative procedure, it will be possible to change both the purpose of the property and the intended purpose of the site on which it is located. An important condition is that changing the purpose of the object should not be accompanied by construction and installation work <8>.

Note! This procedure does not apply to residential premises <9> .

Not only the owner of the property, but also other persons will be able to apply to the government agency. For example, tenants or those who own the property with the right of economic management or operational management. To do this, they will need permission from the owner <10>.

The Executive Committee will have to make a decision within 15 calendar days <11>.

These provisions come into force on 02/26/2018 <12>.

What are there, list

Let us define built-in, attached, and detached non-residential buildings.

Reference! The legal status of built-in and attached premises is determined by “SP 31-107-2004. Architectural and planning solutions for multi-apartment residential buildings" (approved and recommended for use by Letter of the State Construction Committee of the Russian Federation dated April 28, 2004 No. LB-131/9).

• The built-in non-residential premises are located within the dimensions of a residential building with a protrusion beyond its boundaries of no more than 1.5 m.
• An attached part is a part of a building located outside the contour of its main external walls, which is auxiliary to the building and has one (or more) common main wall with it.
• Built-in and attached is a non-residential premises that is located within the dimensions of a residential building and in volumes extended beyond the dimensions of a residential building by more than 1.5 m.

In Russian legislation, the term “detached building” is not clearly defined by regulations. In legal practice, this term refers to an architectural object that is not united with another building by a common foundation and communications.

Property requirements

The property must meet the following requirements:

1. There must be a separate entrance or the ability to arrange one.
2. There are certain requirements for the location: on the ground floor or above a non-residential premises.
3. It should not be used for permanent residence or interfere with the overall architectural appearance of the house.
4. There are no third party rights or any encumbrances.
5. Also, it should not form part of the living space. For example, you cannot transfer part of an apartment or room in a communal apartment.

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.

Further use must comply with the following requirements :

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

In particular, if non-residential premises are located in a residential building, the following cannot be placed in it :

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).

What relates to buildings, their functional and purpose

The intended purpose of non-residential premises is determined by the activity for which it is intended.

Below is a classification by intended purpose:

1. production;
2. sports;
3. warehouse;
4. municipal and household;
5. educational;
6. trading;
7. catering enterprises;
8. medical;
9. free appointment;
10. office

The functional purpose of a building means the presence of design features and technical characteristics that allow it to be used as an independent building.

Based on their functional purpose, buildings are divided into the following groups:

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

Details

Class A offices

These are the most prestigious types of real estate used to host businesses.
As a rule, they are located in modern business centers, where the most convenient conditions for office activities have been created. During the construction of this property, engineering conditions were strictly observed. The layout of the premises meets modern requirements, the finishing is made using high-quality materials.

As a rule, they are located in elite areas located in the city center with convenient access to the facility. Comfortable conditions for work, life and recreation have been created for the personnel working in such offices.

Tenants of Class A offices are most often the largest companies or branches of foreign enterprises.

Class “A” meets all the parameters of modern buildings and includes:

— centralized facility management system,

— equipped with an ultra-modern fire safety system,

– high ceilings (about 3 meters),

- high-speed elevators with a wait of no more than half a minute,

— equipping with high-quality communication, security and communication systems,

— the presence of comfortable recreation areas, meeting rooms, reception areas,

— availability of a high-quality air conditioning system,

— availability of above-ground or underground guarded parking.

Class “A” offices can be divided into subclasses: “A1”, “A2”, “A3”, which have minimal differences from each other. Such a division is necessary for a more detailed description of a specific object.

For subclass: “A1” is inherent:

— location in the city center with convenient access to the facility;

— “age” of the object is up to 3 years,

- convenient room layout,

— availability of food facilities (restaurant, cafe),

- large windows providing good natural light.

Requirements for objects of subclass "A2" are less strict in terms of location. This may be a relatively new building after renovation. The parameters differ slightly from the first option.

The “age” of an object of subclass “A3” can be up to 30 years, after large-scale reconstruction. Irrational planning is possible.

Class B offices

They are not much different from class A offices. Real estate objects are classified as “work premises”. Offices of this type house employees of large organizations who are not related to top management, and small firms and companies also rent space here.

These objects are characterized by:

— location in areas remote from the city center,

— the “age” of the building is no more than 10 years,

- ceiling heights from 3 meters and high-quality finishing of the premises,

— modernly equipped common areas and recreation areas,

- secure parking,

— a developed system of facility and business services.

Class C offices

As a rule, they are located in “Soviet era” buildings converted into office premises, which were built without taking into account modern demands. Can be removed from the central transport intersection. The repairs were carried out using budget materials; there may be interruptions in electricity and service systems (infrastructure). As a rule, the level of service for such facilities is low.

These objects are characterized by:

- placement on the outskirts of the city in buildings that do not meet today's requirements,

— the “age” of the structure is over 20 years,

- routine repairs and irrational planning,

— possible problems with parking (lack of parking spaces),

Class D offices

Does not meet modern requirements. They are located, as a rule, outside the city limits, in rebuilt industrial and administrative buildings, institutes, or in other long-constructed buildings with outdated communications. This segment is attractive to tenants due to its affordable price. Typically, this option is acceptable for small companies that are not concerned about the issue of prestige. However, the pursuit of low cost may result in “unexpected” repair costs.

These objects are characterized by:

- lack of major repairs,

- irrational layout that does not meet the requirements for office space, as well as the use of semi-basement premises for office space,

- lack of life support systems,

- lack of secure parking,

— lack of a facility management system.

What other objects are not provided for permanent residence?

Non-residential premises - an architectural object or part of it, which, according to its intended purpose, is not intended for permanent residence of people. The belonging of an object to a specific type determines the exercise of the right to a structure and affects its civil legal status.

Based on their use for commercial and administrative purposes, the following varieties are distinguished:

1. office;
2. warehouse;
3. hotel;
4. garage;
5. trading;
6. industrial.

Attention! There is a classification of commercial real estate into classes from “A” to “D”, depending on the level of quality. Hotel real estate is divided into 14 separate classes.

There is a classification of non-residential objects according to their purpose:

• used to generate income (commercial);
• used to create conditions for generating income (industrial as well as industrial).

Human life is unthinkable without the presence of special buildings in which one can hide from the influence of the external environment. Comfort requires a spacious and well-equipped house or apartment. It is unthinkable to work without having a workplace or room to change clothes or eat during lunch. The application of the concepts “building and premises” is used in the definition of the legal term real estate and in the construction and architectural fields.

What is a building? A building is a ground-type structure that has a specific structure and internal space. Such an object is intended for living, working or for use for industrial technical needs. The terminology excludes the understanding that a building is a structure that lacks internal space. It is incorrect to call overpasses, bridges, cooling towers, above-ground and underground structures, tunnels, and dams buildings. They relate to structures for technical and industrial purposes. The results of the work of builders are usually called the term “building” if it has such distinctive parameters as: Volumetric parameters of the architectural structure; The presence of an above-ground part; Presence of an underground part; Internal room type; Availability of networks and communications; There is also a certain structure of the building, which implies the existence of the following elements: Premises. They are formed by zoning the internal space of the building by erecting wall partitions. The number of floors in a room depends on the level of location above the horizon line, calculated when carrying out design work. Basement. It is a floor that is located in the fundamental area of ​​the building. Ground floor. Involves location in the blind area of ​​the building. The ground floor is located above the building's horizon level. The attic space is located in front of the roof, at the very top of the building. Attic. It is a room that has been put into operation under the ceilings of a pitched or gable roof. Technical floor. Provides an area where the entire communication sphere of the building is concentrated. The room, its essence and features. The premises are considered to be an integral part of any building. It implies an area in a building limited by ceilings and walls on all sides, with communications connected. Depending on the type of room or building, there are two main conditions - residential and non-residential. An object is considered to be a residential premises/building in the case of: Limited space in the form of a separate room or a complex of them with the possibility of permanent residence for a person. A residential property can be: - a private residential building or a certain part thereof; - an apartment in a multi-storey building, or part of it; - a room in an apartment or house; A non-residential premises/building is considered to be one in which human habitation is considered impossible, problematic, or poses a threat to life or health, in the case of permanent residence and use as a home. A non-residential object can act as a work facility, that is, it is acceptable to consider it as an office, a store, or any other work space. The legislative framework provides for the transfer of residential premises to non-residential ones. For example, the use of apartments from the housing stock, which are located on the first floors of multi-storey buildings. The use and redevelopment of such premises is possible only after their transfer to non-residential status through a legislative procedure. A residential property cannot be used as an office or store without permission from local governments and confirmation by the commission. In case of violation of this parameter, penalties may be imposed on the owner of the premises. What is the difference between a building and a room? Building and premises are terms that are often used in construction and in legal descriptions of housing issues. In fact, these are words denoting completely different objects. A building is usually called a structure that has components as premises. The room, in turn, is part of the building, its functional feature. Depending on the purpose, the building may differ in purpose, just like the premises - to be residential or non-residential.

Classification by type of permitted use

Non-residential premises are adapted for various types of activities. There are the following types of buildings according to types of permitted use:

1. Retail space used for trading activities. This category of buildings does not always have permanent walls, and may also consist of a small number of retail areas. It is mandatory to have basic communications systems nearby such an area.
2. Office , used to furnish an organization's office. The main features of offices are the presence of capital walls separating it from other buildings. A prerequisite for an office is the presence of communication systems directly in the office (water supply, bathroom).
3. Universal , designed for various types of business activities (office, medical office, gym, beauty salon).
4. Stock. It is characterized by the presence of solid walls separating it from other premises. The presence of a separate entrance and basic communications is not important.
5. Separate premises. This category of buildings has a separate entrance and main walls that separate it from other architectural objects. Communications are a must.

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.

Division into auxiliary and main

Non-residential premises can, depending on the possibility of independent use, be divided into main and auxiliary:

• The main premises are provided for the implementation of the main goals and objectives of the building, in which functional processes take place.
• An auxiliary premises, according to its functional purpose, serves one, several premises or the entire building and cannot be independently used by persons who are not the owners of the building or premises in this building.
  This category refers to objects that are inextricably linked with the life support systems of the building. The purpose of auxiliary areas is to serve the main spaces.

In the Civil Code of the Russian Federation, the main and auxiliary objects of non-residential stock are considered in 2 options:

1. in the form of a single complex thing (Article 134 of the Civil Code of the Russian Federation);
2. in the form of the main thing and accessory (Article 135 of the Civil Code of the Russian Federation).

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 belongs to the residential stock and what to non-residential. The residential 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.