Redevelopment in a non-residential premises or non-residential building in 2021

Non-residential premises, as well as apartments or private houses, have an initial redevelopment recorded in the Unified State Register of Real Estate and technical documentation. When making changes to the configuration of non-residential premises, or when carrying out work on engineering and plumbing equipment, the owner will have to approve the redevelopment or reconstruction.

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The procedure for approving these types of work for non-residential premises in apartment buildings does not differ from similar rules for apartments, with the exception of a few points. Approvals in premises and buildings not classified as housing stock are carried out in a simplified manner. More details later in the article.

Redevelopment in non-residential premises

Non-residential premises are not intended for residential purposes. Their intended purpose is usually associated with the placement of offices, retail outlets, and other structures. Redevelopment in such premises also involves changing their configuration, however, the approval procedure differs depending on the location of the facility.

The essence of redevelopment is to carry out repairs and construction work, including:

installation, transfer or disassembly of door and window openings;
installation, transfer or dismantling of internal partitions, walls;
redistribution of space between rooms;
arrangement of mezzanines within non-residential premises;
other types of work.

The purpose of the approval is to ensure the safety of such work, to prevent threats to the integrity and reliability of the building, harm to the health of citizens, property and the environment.

In a non-residential building

Non-residential buildings do not belong to multi-apartment buildings (MAB). Therefore, the procedure for approving redevelopment and reconstruction in such objects will be much simpler:

the approval of redevelopment in a non-residential building is not subject to the requirements of the Housing Code of the Russian Federation;
in order to legally begin construction work, the owner must order a redevelopment project (or reconstruction project), a technical report on the condition of the load-bearing structures;
After completion of the work, the changed characteristics of the object must be reflected on the technical plan, contact Rosreestr or the MFC for cadastral registration.

Additional approvals may be required if the redevelopment involves work on the facades, or if the building is classified as a cultural or historical heritage site.

Expert commentary . Despite the simplified approval procedure for non-residential buildings, the owner is obliged to order a redevelopment project and comply with its requirements when carrying out work. The project can be formalized only by design organizations that are members of the SRO of designers. If you contact MosOblReg, we will prepare all the necessary documentation, coordinate it in accordance with the law, and help you quickly complete cadastral registration.

In an apartment building

Apartment buildings may also have non-residential premises. They can be immediately provided for by the project for the construction of a house, or transferred from non-residential stock. In 2021, changes were made to the Housing Code of the Russian Federation to equalize the procedure for approving residential and non-residential premises in apartment buildings. To carry out this procedure, the owner must:

order a redevelopment project (or reconstruction project) and a technical report on the condition of load-bearing structures;
Obtain approval from SES and Rosportebnadzor;
submit an application to the district administration or through the MFC, attach project documentation, a number of other forms and forms;
wait for the results of approval in the interdepartmental commission (IMC), as well as in other departments (for example, separate procedures are provided for the approval of facades of apartment buildings);
carry out the work in strict accordance with the project, obtain a commission report;
order a technical plan through a cadastral engineer;
go through the cadastral registration procedure to enter new information about the characteristics of the premises in the Unified State Register of Real Estate;
receive an extract from the Unified State Register of Real Estate.

To coordinate redevelopments on the territory of Moscow, the Housing Code of the Russian Federation (Articles 25-29), Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 2003 will be applied.

Expert commentary . If the redevelopment of non-residential premises affects the common property of an apartment building, you will have to obtain the consent of the apartment owners. For this purpose, a general meeting of owners is held and a protocol is drawn up. For example, this procedure is necessary if you are installing a separate entrance to the street.

Conditions for legalization

To introduce the resulting changes to the technical documentation, full compliance with the legal restructuring procedure and all stipulated sanitary norms and rules is required. The conversion of a commercial property will be considered completed upon receipt of a certificate of completion from the selection committee.

To comply with the procedure, a preliminary technical design must be drawn up. If all documentation complies with legal requirements, then the chance of obtaining approval from the regulatory authority will be quite high.

Conditions that the refurbishment of real estate must meet:

strict compliance with all sanitary standards and construction regulations;
absolute compliance with fire safety requirements;
no threat to the health or life of others.

A project for the reconstruction of a real estate property must be drawn up by an organization that has a special license and is part of the SRO of designers

How is redevelopment different from redevelopment or reconstruction?

Construction work on real estate can be carried out as part of redevelopment, reconstruction or reconstruction. Let us highlight the main characteristics of these types of work:

redevelopment involves changing the configuration of the room;
reconstruction includes changes in the location or characteristics of engineering, electrical and other networks, plumbing and other equipment;
Reconstruction means changing the parameters of a building, its height, number of storeys, area, replacement or restoration of load-bearing structures.

Since reconstruction involves impacts on load-bearing structures and elements and may pose a threat to the integrity of the building, a building permit must be obtained to carry it out. The issuance of such a document is not within the competence of the Ministry of Housing, therefore, the reconstruction project must be addressed to the State Construction Supervision and Expertise Service of Moscow, the Committee for State Control, Use and Protection of Historical and Cultural Monuments of Moscow (if the house is classified in this category).

Expert commentary . As part of the reconstruction, work may be carried out that falls under the concept of redevelopment and reconstruction. Requirements for their implementation will be provided for in the reconstruction project. If you need to obtain permission for reconstruction, design documentation can be ordered from MosOblReg.

What can and cannot be done when redeveloping a non-residential premises

The list of requirements for the safe redevelopment of residential and non-residential premises is no different. As a rule, the purpose of such work on non-residential properties is to comply with legal requirements for certain types of activities:

for non-residential premises in apartment buildings, a separate entrance (exit) must be provided;
requirements for the area of premises, compliance with sanitary and epidemiological standards may be provided for by licensing conditions (for example, an alcohol license is issued if there is ownership of a non-residential property or a lease agreement);
It is prohibited to place production on the premises of the MKD, and when arranging cafes, shops and a number of other establishments, it is necessary to obtain the opinion of the Federal State Institution “Center for Hygiene and Epidemiology of Moscow” and the authorities of the Ministry of Emergency Situations.

Requirements for the types of permitted work and the organization of their safety will be provided for in the redevelopment project. The designer is responsible for the project’s compliance with regulations and regulations. If the work is carried out without a project, the redevelopment will be considered unauthorized (illegal).

In a non-residential building

Ensuring the safety of construction work in a non-residential building rests with the owner and designer. Based on the intended purpose of non-residential premises, the following types of work cannot be performed as part of redevelopment or reconstruction:

As part of the redevelopment project, you cannot carry out work that falls under the concept of reconstruction (for example, increasing the number of floors, expanding the area of the building, adding or building on new elements);
it is impossible to influence load-bearing structures not provided for by the design;
it is prohibited to carry out reconstruction that restricts the supply of utility resources to other objects (for example, to nearby houses);
It is prohibited to carry out work that leads to a violation of the strength or destruction of the load-bearing structures of the building, disruption of the operation of engineering systems and equipment.

Although non-residential knowledge is not used for the residence of citizens, during construction work it is necessary to take into account fire safety rules and the provision of utilities. Compliance with all requirements must be confirmed by the head of the design organization. It is necessary to submit the project for approval to municipal departments only if there is an impact on the facades of the building.

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In an apartment building

The list of requirements for construction work in residential buildings is significantly longer. For this purpose, the Housing Code of the Russian Federation and Gosstroy Resolution No. 2003 are applied. When redeveloping non-residential premises in an apartment building, additional prohibitions are established:

it is prohibited to dismantle smoke and ventilation ducts or restrict access for their operation;
it is prohibited to seal access points to meters and devices that allow shutting off the supply of cold or hot water to apartment buildings;
it is impossible to expand the area of the premises at the expense of the common property of the apartment building unless permission from the owners is obtained;
it is prohibited to carry out work on load-bearing structures and walls that is not provided for by the project and that exceeds the maximum permissible load standards;
devices cannot be installed to limit the supply of utility resources to public networks;

This is only an approximate list of restrictions under which the redevelopment project will not pass approval. Illegal (unauthorized) construction entails a fine and a claim to restore the original characteristics of the object. To eliminate any problems with approvals, promptly contact our office for documentation. We carry out projects in strict accordance with the regulatory framework of the Russian Federation and Moscow, we coordinate documents in all departments.

How to avoid problems during redevelopment

Liability and fines for illegal work

When redevelopment of non-residential premises is carried out without the required documentary approval and design plans, the owner bears administrative responsibility in accordance with the Code of Administrative Offenses of the Russian Federation.

The illegality of work is discussed in Article 7.24, part 2, according to which a fine is imposed:

for a civilian – from 1000 to 1500 rubles;
for an official – from 2000 to 3000 rubles;
for a legal entity - from 20,000 to 30,000 rubles.

Along with monetary punishment, the violator is obliged to return the object to its original state or to legitimize unauthorized changes.

Algorithm for approving redevelopment in a non-residential building

To approve or legalize redevelopment in a non-residential building in 2021, follow the algorithm of actions indicated below.

Ordering initial documentation - USRN extracts

To prepare the project, you need to obtain cadastral information for the building. This information is not contained in the technical passport of the BTI or other document, but in the USRN extract. The owner or the designer can receive this document. The USRN extract will contain information about the copyright holder and the initial characteristics of the object.

Expert commentary . If you have a technical passport for a building previously issued by BTI, the designer can use this document for information purposes. However, technical passports do not have legal force in 2021, and there is no need to make changes to them after redevelopment. There is also no need to contact the BTI for approvals.

Sample USRN extract

Measurement and survey work

To produce a project, it is necessary to carry out measurement and survey work at the site. The owner must provide access to the designer's representatives to the site. During measurements and examination:

the actual state of load-bearing and other structures, the current characteristics of the building and premises are established;
locations for construction work are determined, permissible loads on structures are calculated;
diagrams, drawings, and photos of facades are drawn up.

Measurement work is carried out using professional equipment, which allows us to obtain the most accurate data on the characteristics of the object.

Sample outline after measurements taken by MosOblReg engineer

Preparation of a redevelopment project

After analyzing the initial data and carrying out measurement work, the project will be drawn up. Its content includes the following blocks:

information about the design organization, its membership in the SRO;
explanatory note;
a list of construction work that will be carried out in the building;
architectural, structural, volumetric and other solutions;
measures to ensure work safety;
requirements for the quality of building materials, their fire safety;
requirements for the collection and disposal of construction waste and storage areas for materials;
graphic and photo materials, reflecting the initial data and upcoming changes.

The reconstruction or redevelopment project must be approved by the head of the design organization and the customer. The document must be submitted for approval only for planned work on the façade of the building. In this case, approval in St. Petersburg goes through the Committee on Urban Planning and Architecture (KGA).

Expert commentary . The legal basis for redevelopment is only the project. Sketches, drawings made by the owners or another person, or design projects are not such a basis. A design project can be used for redevelopment if it provides for all the requirements for the safety of the facility and the planned work. Samples and examples of documents that form the basis for approvals can be found on our website.

Preparation of a technical report

A prerequisite for approval of redevelopment is the preparation of a technical report on the condition of the building’s load-bearing structures. This document is drawn up after the actual inspection of the structure by a representative of an expert organization. The technical report must confirm the maximum permissible load limits that must be observed when carrying out repairs.

Preparation of a technical plan

Carry out construction work and repairs in accordance with the project; the owner must receive a technical plan. It is this document that is the legal basis for conducting cadastral registration and entering updated characteristics of the building into the Unified State Register of Real Estate. A technical plan is drawn up following the rules:

You can order a technical plan only through a cadastral engineer who has a qualification certificate;
the engineer will study the initial and design documentation, conduct a survey of the facility, and obtain actual characteristics after the redevelopment;
the information received will be reflected in the text and graphic block of the technical plan.

You need to order a technical plan not only when coordinating upcoming work, but also when legitimizing redevelopment that has already taken place. The completed document will be submitted to Rosreestr in electronic form.

Expert commentary . If you apply for redevelopment approval from MosOblReg, the preparation of all required documents will be included in the turnkey service. We deal with projects and technical plans of any complexity and coordinate them in the shortest possible time. A sample and completed example of a technical plan can be found on our website.

Technical building plan sample

Registration of changes in Rosreestr and receipt of an extract from the Unified State Register of Real Estate

The final stage of approval or legalization of redevelopment work is to contact Rosreestr or the MFC for cadastral registration. This procedure in 2021 follows the following rules:

an application for cadastral registration and a technical plan must be submitted to Rosreestr or the IFC;
according to the submitted documents, the information of the Unified State Register will be updated;
the owner will receive an extract from the Unified State Register of Real Estate with the actual characteristics of the property.

Registration of an extract from the Unified State Register for cadastral registration is free. If registration of rights is carried out simultaneously with cadastral registration, the amount of the state duty will be 2000 rubles. (for citizens), 22,000 rub. (for legal entities).

Expert commentary . To order all the necessary documents for approval of redevelopment or legalization of unauthorized work, please contact MosOblReg. Experienced specialists will help solve even the most complex problem and coordinate documents with the State Administration and other departments in the shortest possible time.

Unauthorized

Often, the owner or tenant of the property carries out reconstruction of the property without prior approval of the work from the authorities. In the case of unauthorized conversion of real estate, you will most likely have to pay a fine, but it is still necessary to complete documentation.

It will be possible to legitimize the work carried out only on the condition that no actions prohibited by law were carried out. If modifications to the technical documentation are carried out after the fact, then you will still have to order a preliminary project.

In some cases, it is allowed to legalize changes to a real estate object based on a sketch. This is only possible if the reconstruction is minor, does not involve the demolition of walls, blocking of openings or a radical transfer of communications, and does not affect the rights of use of other owners or tenants.

Algorithm for approval of redevelopment in an apartment building

When coordinating or legitimizing redevelopment in the premises of an apartment building, it does not matter whether the object has residential or non-residential status. Amendments were made to the RF Housing Code to provide for the same approval rules.

Ordering initial documentation - USRN extract, floor plan, explication

The owner can order project documentation. Accordingly, if several persons own non-residential premises, all of them must agree to the redevelopment. Such consent is drawn up in an application or in the form of a notarial document.

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To complete the project, initial documentation for the premises and building will be requested - extracts from the Unified State Register of Real Estate, floor plans, explications. These documents indicate the location of the premises on the floor, the placement of walls, door and window openings, separate entrances, and equipment.

Measurement and survey work

As with the preparation of a project for a non-residential building, premises in an apartment building must be inspected by experts. The actual condition of the object and supporting structures will be analyzed, and the work locations will be determined. Particular attention is paid to compliance with the requirements for the placement of certain types of objects (for example, to obtain a license for alcohol, you need to prove that the premises are more than 100 meters away from schools, hospitals and other social facilities).

Design work - development of architectural solutions, water supply and sewerage, fire safety measures

Requirements for the content of the redevelopment project for premises in an apartment building are provided for by PP No. 508.

a list of architectural, constructive and other solutions that will be observed during construction work;
fire safety requirements;
locations of construction materials and waste;
instructions on providing the premises with water supply and sewerage.

When performing work, the contractor or owner cannot deviate from the requirements of the project. Otherwise, the work will be considered unauthorized redevelopment, which will entail a fine and other sanctions.

Expert commentary . To approve or legitimize work in non-residential premises of an apartment building, a technical report on the condition of load-bearing structures is also required. If the work has an impact on the facades or common property of the house, the consent of the owners of the apartment building and the permission of the KGA are additionally obtained.

One of the options for the architectural solutions section

Submitting documents for approval to the Center for Hygiene and Epidemiology in Moscow

To confirm compliance with sanitary and epidemiological requirements, the project is transferred to the Moscow Center for Hygiene and Epidemiology. The list of standards and requirements will differ depending on the intended use of the premises. For example, when placing a cafe in an apartment building, sound insulation and compliance with food handling regulations will be checked. If you open a store selling alcohol, in order to obtain a license for alcohol, you must comply with the standards for the area of the premises where it will be stored.

Sample conclusion of a SEZ in Moscow

After receiving the conclusion for a sanitary examination, submit documents to the Ministry of Housing and Housing

To approve the project, documents are submitted to the district administration or through the MFC. The final approval goes through MosZhilInsektsiya, which act on the basis of Government Resolution No. 508.

Obtaining permission to build in MZhI

The interdepartmental commissions include experts in the field of construction and architecture. Review of documents according to the norms of the Housing Code of the Russian Federation cannot exceed 45 days. This public service is provided free of charge. If the project complies with the requirements of the law, the owner will receive approval and will be able to begin work. The agreement will indicate the period within which all work must be completed.

MVK conclusion on redevelopment

Carrying out repair work and taking new measurements

Repair, installation, disassembly or transfer of structures and equipment in non-residential premises can be carried out strictly within the framework of the project. If additional types of work are required, the owner needs to make changes to the original project and go through approvals again. After completion of the work, it is necessary to conduct a survey, record changes in characteristics, obtain an act from the Moscow Housing Institute and a technical plan.

Submitting documents for approval of work to the Moscow Housing Institute and obtaining a certificate

To confirm that all work was carried out strictly according to the project, you need to contact the Moscow Housing Institute. If the volume and quality of work correspond to the previously issued approval, an acceptance committee report will be issued. This document will be required to obtain a technical plan and undergo cadastral registration in Rosreestr.

Preparation of a technical plan and submission of documents for registration to Rosreestr

To record the changed characteristics of a non-residential premises, you need to order a technical plan through a cadastral engineer. When ordering turnkey approvals from MosOblReg, the production of a technical plan will be included in the total cost of services.

Having received the technical plan, it must be submitted along with the application and the acceptance committee report to Rosreestr or the MFC. Based on these documents, cadastral registration will be carried out, and updated characteristics of the object will be entered into the Unified State Register of Real Estate.

Technical building plan sample

Obtaining an extract from the Unified State Register of Real Estate

The final stage of approval is obtaining an extract from the Unified State Register. This document will confirm that all stages of approval were successful, and the register reflects the actual characteristics of the premises.

Redevelopment of non-residential premises in an apartment building completed before 2021

Until 2021, the norms of the Housing Code of the Russian Federation on the approval of redevelopment formally applied only to residential premises of apartment buildings. Therefore, owners of offices, shops, cafes, restaurants and other facilities could avoid liability for illegal redevelopment. From 2021, articles 25-29 have removed the mention of the word “residential”. Therefore, the approval rules for residential and non-residential premises have become the same.

Since the law does not have retroactive effect, for redevelopment that was not legalized before 2020, you can obtain a technical plan and an extract from the Unified State Register of Real Estate on the basis of the project and technical conclusion, i.e. without contacting the Moscow Housing Institute.

A complete set of documents for registering such redevelopment changes:

Project documentation developed by a legal entity or individual entrepreneur with an issued SRO permit;
Contract agreements for the performance of work concluded with an organization that has SRO approval to carry out construction work;
Agreements for the implementation of construction control over the execution of work, concluded with an organization that has a certificate of admission to such work, issued by a self-regulatory organization.
Certificate of acceptance of work by the customer.
Detailed conclusion of a cadastral engineer.

The position of Rosreestr is reflected in this suspension, which our specialists received:

notice of suspension of a previous suspension

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Features of buying and selling an apartment with illegal redevelopment

If the owner wants to sell an apartment, the layout of which has been changed without the approval of a government agency, then he can do so. You just have to negotiate with the buyer and be sure to warn him about the presence of illegal changes. After all, it will be he who will be obliged to legitimize the redevelopment after purchasing the property.

There is also a risk for the buyer when purchasing an apartment with illegal redevelopment, associated with the discovery of the fact that work was carried out without the approval of government agencies. In this case, he will already have to pay a fine for the former owner, who did not bother to approve the changes. Therefore, the buyer will think a hundred times whether it is worth buying real estate.

The main difficulties in coordinating redevelopments

An attempt to independently approve the redevelopment of a non-residential property in St. Petersburg is fraught with a refusal from authorized departments. The most common reasons for refusal include:

lack of owner consent to carry out construction work;
violation of building codes and regulations, SNiP, and other standards;
deviation from the project when performing repairs;
submission of an incomplete set of documents;
deterioration of the characteristics of premises in apartment buildings, which threatens damage to the building.

Rospotrebnadzor and the Ministry of Emergency Situations will issue a negative opinion if the work violates SNiP and fire safety rules. A typical example of a violation would be the dismantling of ventilation ducts in an apartment building.

Rosreestr may refuse to conduct cadastral registration on the grounds specified in Federal Law No. 218-FZ. For example, suspension and subsequent refusal are possible if the characteristics of the premises do not correspond to previously received cadastral information.

You can learn more about the reasons and consequences of refusal of approvals during a consultation with our specialists. We will prepare documents and coordinate them even in the most difficult situations.

Cost and terms of approval

Let’s summarize, we’ll tell you how much it costs to approve a redevelopment and in what time frame you can obtain the necessary documents:

the timing and cost of measurements, project preparation and technical conclusions depend on the complexity and volume of work (prices and timing will be determined after studying the documentation);
review of documents at MZhI is free for up to 45 days (there is no fee for review at MZhI, and the cost of services is agreed upon at all stages, you can check the gender by calling MosOblReg);
approval by the KGA is free, within 30 days;
the timing and cost of producing a technical plan are determined by the terms of the contract with a cadastral engineer (the price will depend on the urgency and complexity of the work);
Cadastral registration is carried out free of charge, up to 5 days in Rosreestr and up to 7 days through the MFC.

You can find out how much it costs to develop and approve documents from our specialists. Preliminary prices for services and examples of previous work can be found on our website.

Lawyer's answers to private questions

Can I pay a fine and legalize the redevelopment of the apartment?

Yes, but only if there is no threat to the health and lives of other people. Not every redevelopment can be legitimized “in fact.” You can be informed about the prospects for legalization by the BTI, the housing inspectorate or the architectural department. It is also worth involving designers. They will tell you whether your changes comply with building regulations. If yes, prepare a project, collect documents and go to the MFC for approval.

A neighbor is threatening to complain to the management company about the redevelopment of our apartment. We don't let her into our home. Can they come to us with an inspection and issue a fine for repairs?

There are risks. Supervisory authorities are obliged to respond to any complaint from neighbors. Therefore, if your neighbor complains to the management company, homeowners association or directly to the housing inspectorate, most likely you should wait for “guests”. You will be notified in advance by registered mail 30 days before the visit. It is better not to ignore the notices, because after 2 unanswered notices, the supervisory authority has the right to go to court and come with bailiffs. But whether a fine will be issued or not depends on the nature of the changes. If they don't violate anything, then there shouldn't be any problems. In other cases, a fine is the minimum punishment.

conclusions

Redevelopment of non-residential buildings is carried out on the basis of a design and a technical report on the condition of the load-bearing structures. If the non-residential premises are located in an apartment building, the owner needs:

obtain the consent of the owners of apartment buildings for work related to the impact on the common property of the house;
order a project and technical report;
undergo approval by MZhI, MKA, Rospotrebnadzor and fire supervision authorities;
carry out work in strict accordance with the project;
receive a certificate from the acceptance committee;
order a technical plan from a cadastral engineer;
undergo cadastral registration in Rosreestr, receive an extract from the Unified State Register of Real Estate.

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A full range of services for coordinating construction work in non-residential premises and buildings is provided by MosOblReg. We make project documentation, conclusions, design projects, technical plans of any complexity. During a consultation with our specialists, you can find out how much the approval costs and how long it takes to receive the necessary documents.