Legal regime for the use of non-residential premises
The basement of a residential building is common property; theoretically, it belongs to everyone who owns apartments in this building, and these people can use it. But since it is in the basement that communications take place, this cannot be done at one’s own will and discretion; a number of conditions must be met (for example, things should not come into contact with pipes in any way), as well as permission. To get it, you need to act together with the management company.
Important!
The new fire safety rules state that basements and basements cannot be used for other purposes than their intended purpose. In practice, this means that residents cannot arbitrarily organize storage rooms and premises for other purposes in the basements - only if they agree on such use of the premises, and appropriate changes are made to the documentation for the house.
Changing the floor or ceiling level
This zoning looks great and allows you to effectively highlight different zones without losing useful space. However, when planning it, you should pay attention to the following points:
- This option is not always appropriate in rooms with low ceilings.
- To prevent injuries, changes in floor level should be somehow “marked” or supplemented with another method of zoning. For example, installing a floor pot with a house plant on the border, marking it with a contrasting color, built-in lamps or railings.
Is it possible to store things in basements and common areas? And how to turn a basement into a storage room?
The first step is to hold a collective meeting of residents, at which a decision is made on the use of the basement (ground floor) as a place to store residents’ personal belongings. At the same time, all initiators must understand that they will have to invest financially, because any re-equipment will be carried out at the expense of the residents themselves.
If such a decision is made, it is necessary, together with the management company, to prepare a redevelopment plan and obtain permission for redevelopment (for example, in Moscow - from the Moscow Housing Inspectorate).
To draw up a redevelopment plan, it is necessary to conduct an engineering survey of the basement, which will confirm the good condition of communications and the possibility of equipping a separate room for use as a storage room. A redevelopment project can be ordered from a design organization that works with an SRO certificate.
Important!
The process of remodeling a basement is labor-intensive and costly. Therefore, there is a great temptation to unauthorizedly rebuild the basement and use it in the interests of the residents. But you can’t do this! Uncoordinated changes will be easily detected by utility employees. Those responsible will be forced to pay an administrative fine and return the premises to their original appearance.
If you go through the approval procedure and do everything according to the law, you can safely use the new storage rooms without fear that the very first inspection will nullify all your efforts.
Grounds for refusal of privatization
The administrative body that is involved in the review has the right to refuse the transaction. A person who does not meet the requirements cannot register ownership.
The reasons for this answer are:
- there are no funds to repay the established amount;
- refusal to pay the established cost;
- the applicant about the intention of privatization reduces the price for the object;
- the document on the desire to privatize the property was drawn up incorrectly;
- the required documents are missing or an incomplete package is provided.
The last two points provide the opportunity to re-apply. To do this, you will have to repeat the order from the starting position.
Are there storage rooms in the basements, but they don’t give you space?
In new housing stock, basements are often immediately equipped in such a way that residents can store their personal belongings in separate rooms. But here you may encounter another difficulty: often new residents do not get a storage room, because “everything has long been distributed among those who moved in earlier.” This is a violation of your rights! All residents have an equal right to use the common property. And if the composition of the residents has changed, the rules by which meters in the basement are distributed may also change.
To achieve justice, it is necessary to initiate a general meeting of residents, and at it to review the conditions for the use of common property. If those previously living in the house contributed their own funds to furnishing the basement, newcomers may be asked to contribute certain amounts.
If an amicable agreement cannot be reached, you can file a complaint with the management company.
State duty amount
Registration of privatization of real estate that is in the real estate fund, as indicated above, is carried out on a paid basis. The applicant must pay a state fee.
Dimensions are:
- individuals – 2.5 thousand rubles;
- legal entities – 22 thousand.
In addition, there is a payment to local governments, which is made according to the purchase and sale agreement.
If participation in an auction is expected, the cost of the object is agreed upon in advance. Each participant undertakes to contribute 10% of the established price of the object for participation. The winning participant contributes the remaining amount. Those who remain losers receive the deposited amount as a deposit for participation.
Auxiliary and main
Reference! An auxiliary object is considered to be an object used for operation or consumer services (lobby, pantry, staircase, corridor).
The main premises are those in which functional processes are carried out. This includes premises, auditoriums and classes in government institutions, offices, chambers. There are also public premises, namely cinemas, theaters, halls in museums, clubs, assembly and reading rooms, administrative offices, and shopping areas.
Purpose non-residential building name residential building
Moreover, the legal differences between objects located on dacha plots and objects as part of gardening partnerships remain in force.
Important For some garden residential buildings (not for all), the court determined the possibility, through a commission procedure, to be classified as a housing stock.
In other words, under certain conditions, objects that are not intended for permanent residence, but suitable for this purpose, can be used as residential.
A curtain
This element can be mobile or stationary, movable or fixed, and divide the room completely or partially. It takes up virtually no space. If necessary, it can be easily removed, restoring the integrity of the room.
To create curtains, vertical and horizontal blinds, curtain fabric, organza and other materials are used.
Signs characteristic of each category
So, what are the main features that allow us to differentiate them from each other, and what are they?
Dwellings are characterized by features that provide the possibility of normal life in these objects:
- immovable nature of property;
- availability of rooms;
- the location of auxiliary units in them to provide citizens with living and other conditions;
- equipping houses with an elevator - for buildings with more than five storeys;
- the presence of an isolated circuit, but with the possibility of access to common areas - to the corridor, to the stairs, to the yard;
- providing housing with the necessary utility rooms for its maintenance.
According to Article 16 of the Code of Legislative Acts on Housing - the Housing Code of Russia - the main types of residential premises include a house or a certain element of household ownership, a room, an apartment (or part thereof).
The classification of housing allows us to divide it into places of permanent and occasional (non-permanent) use as a habitat. The first type includes dwellings that are state (municipal) property, as well as those belonging to citizens or included in a housing cooperative or residential complex.
The second category is represented by rented premises, sublease facilities, dormitories, and office housing, which must be vacated after a while.
Non-residential built-in and attached parts of residential buildings or elements of non-residential complexes are characterized by:
- signs of their isolation;
- attitude towards real estate;
- purpose - not for human habitation, but to ensure social or production purposes;
- location - in residential and non-residential buildings, which distinguishes them from buildings;
- suitability for use in accordance with the requirements of regulatory documents.
Just like housing, non-residential premises must be registered as real estate . Such real estate implies the possibility of its use either as a separate object, or to provide auxiliary needs of the main one. The category of main non-residential space, for example for a clinic, consists of medical and diagnostic offices, chemical and biological laboratories, and physical treatment rooms.
The main functions of the clinic are served by auxiliary spaces of the cloakroom, corridors, toilet rooms, lobby, etc. In the rented premises of the institution there are other auxiliary isolated areas, the purpose of which differs from the main direction of the entire non-residential facility. These are shopping pavilions, pharmacies and other spaces arranged under a contract.
What is the total area for both types of real estate?
Area is the main parameter for carrying out technical inventory and statistical accounting of both types of real estate in the Russian Federation. Calculations for the consumption of utilities, rental housing, and repair work are also carried out based on the value of this indicator.
The instructions on the implementation of accounting operations for housing facilities in Russia (Order of the Ministry of Land Construction of Russia No. 37, dated 08/04/1998) regulate the following:
- The square footage of the apartment includes the area of all residential and utility rooms included in it, together with balconies, unheated storage rooms, loggias, verandas, and vestibules. Utility rooms are combined or separate bathrooms, bathrooms, kitchen spaces, corridors, built-in wardrobes.
- For a residential building, this indicator is the sum of the areas of individual apartments.
- The total area of the dwelling is equal to the sum of all its areas (residential and auxiliary use) with the exception of the space on the balcony, terrace, veranda or loggia according to the Housing Code of Russia - Article 15, paragraph 5). The cadastral passport indicates this type of property characteristics. It is also a characteristic of the object entered into the register of rights.
- The total area indicator for a building is calculated by summing similar values for all apartments.
- The area of living rooms in an apartment constitutes its living area, and the apartment-by-apartment values of this value for the entire house constitute its living area.
The design parameters of the premises are determined by measurements and taken into account to one decimal place. Payment for utility services for non-residential premises, with property rights registered to a certain person, is made on the same basis as for residential premises.
The determining factor, in this case, is their total area including loggias, terraces, and balconies.
The indicator is determined by summing the square footage of all rooms, which are a single whole. When calculating, area reduction indices are used : for terraces and balcony spaces - 0.3, and 0.5 - for loggias. The measurement results taken on the inner surface of the external load-bearing walls form the basis for the calculation.
What is classified as auxiliary space at facilities?
The auxiliary (auxiliary, non-residential) area in a private house consists of the square footage of the toilet and bathroom, storage room, corridors, and kitchen area. The same parts of the space are considered non-residential and in the apartment.
Expert opinion
The use of non-residential space is dictated by the need to ensure real year-round habitation of people in such a home. Unheated areas of a garage, basement, or attic of a private house do not fall into this category.
Such concepts, regulated by the Rules for the maintenance of real estate objects (Resolution of the Government of Russia of August 13, 2006, No. 491), include stairs and platforms on them, elevator shafts, places for storing strollers, bicycles, technical floors and technical basements.
The non-residential area of an apartment building is determined by summing the square footage of the built-in non-residential premises with the commercial objects located in them that are part of it. The calculation of the area of shops, pharmacies, restaurant businesses, banks, gyms is carried out according to general rules, provided that their height is at least 1.8 meters.
