6 main ways to acquire ownership of a non-residential building or premises, including its privatization

The division of real estate and registration in Rosreestr can be carried out by allocating shares to two or more owners, or by forming new objects. In the first case, the basis for division will be an agreement or agreement between the owners, or a court decision. The division and formation of new objects is carried out on the basis of the project, and as a result of construction work, isolated and separate premises should appear. Rosreestr can register shares or register newly formed objects for cadastral registration.

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Read in the article what conditions need to be met for the division of real estate and registration, how to go through mandatory approvals, what documents need to be prepared for Rosreestr.

What does it mean to own a building, structure or real estate in an apartment building?

According to Art. 130 of the Civil Code of the Russian Federation, real estate includes everything connected with land, including buildings and premises. Rights to such property arise from the moment of its state registration in the Unified State Register of Real Estate .

It is permissible to register such objects with the cadastral register and subsequently register ownership rights to them if the extract from the Unified State Register and the technical plan indicate “Non-residential premises”. In this case, the object must be assigned a cadastral number, then it can become the subject of civil transactions.

Official ownership of a property gives the right to legally use and dispose of it for its intended purpose. The owner has the right to sell, exchange, donate, divide, as well as lease and sublet such real estate to third parties. In addition, there is the possibility:

• bequeath;
• pledge to the bank and other creditors;
• include a registered property in the authorized capital of companies.

Sample agreement concluded with a bank

The clauses of the mortgage agreement may vary depending on the terms of the loan. However, as standard, the document should contain the following information:

• information about the applicant;
• full name of the creditor bank;
• terms of provision of borrowed funds;
• rights and obligations of the parties to the transaction;
• method of loan repayment (the option of early repayment of the entire amount is also stipulated).

A full sample of a mortgage agreement can be found at the following link:

Methods for passing an object

The following main methods of transferring an object into possession are identified:

1. Construction of premises (Article 219 of the Civil Code of the Russian Federation).
2. Alienation transactions (in addition to purchase and sale and donation, includes exchange).
3. Purchase and sale (clause 2 of Article 218 of the Civil Code of the Russian Federation).
4. Receipt by deed of gift (Article 572 of the Civil Code of the Russian Federation).
5. Inheritance (Article 1112 of the Civil Code of the Russian Federation).
6. Privatization (Article 217, part 2 of paragraph 2 of Article 235 of the Civil Code of the Russian Federation).
7. Other ways.

The owner should know that all information about assets must be entered into the general real estate register. If there is a change of owner, then the transfer of ownership rights is registered in Rosreestr (clause 2, article 223 of the Civil Code of the Russian Federation).

As for the execution of all transactions, first of all, an agreement is drawn up and property rights are registered in Rosreestr, after the transfer. If a will was drawn up, then it is necessary to have a document certified by a notary. You can legally own an object only after the death of the testator.

If there is a change in the owner of the building, then for the transaction it will be necessary to submit documents for the site, otherwise registration with Rosreestr is impossible. Premises in this case are an exception.

How to register construction?

To construct a non-residential building, you must obtain permission from the local government. In order for the transaction to be formalized according to the law, title documents must be presented to the site. The purpose of the site must not be allowed to diverge from the purpose of the real estate.

Before obtaining a building permit, a project for the facility should be developed and the construction should be coordinated with many government services (Order of the Ministry of Land Policy, Construction and Housing and Communal Services dated 08/04/1998, No. 37). The construction of premises requires cadastral registration , after which registration is carried out, and then permission to put it into operation is issued.

Alienation transactions

The transaction may consist not only of sale, but also of exchange or gratuitous transfer. In this case, a written agreement is drawn up, which lists all the conditions. The object of the transaction must be described with a cadastral number and address, the cost must be included, or the terms of exchange, purchase, or transfer must be described.

Purchase and sale

To purchase assets, you will need to execute a purchase and sale agreement . It is compiled exclusively in written form. All terms of the transaction are described, including cost, subject of the contract, as well as terms.

The seller must present to the government authorities a passport, documents that indicate ownership, an extract from the Unified State Register of Real Estate, Art. 131 Civil Code of the Russian Federation, art. 1 Federal Law “On state registration of real estate”, technical documents.

If the participant in the transaction is a legal entity, then the constituent documents and an extract from the Unified State Register of Legal Entities are additionally taken into account.

If not the entire premises are purchased, but a share, then the co-owner should be required to provide a written waiver of the preemptive purchase.

By deed of gift

Acceptance of a non-residential property as a gift is formalized in writing, and notarized confirmation is not required. When donating, it is important to register the transfer of ownership rights in Rosreestr . When drawing up a contract, information about the donor and recipient, as well as the object of the transfer, is indicated.

Inheritance

Real estate is inherited, according to Art. 1112 of the Civil Code of the Russian Federation, but only on the basis of a law or a will. The owner of the premises must have title documentation. To register real estate, the applicant must confirm the right to inheritance. Article 1118 of the Civil Code of the Russian Federation regulates the process of transferring rights to property if there is a will, but if there is none, then the transfer of rights will be determined by Article 1141 of the Civil Code of the Russian Federation.

Privatization

Non-residential properties owned by the state may be subject to privatization . Legal entities and individuals have the right to contact local authorities. To carry out privatization, you must provide a package of documents. Citizens using real estate on the basis of a social tenancy agreement have the right to a free procedure.

With legal entities everything is different. Those who rent non-residential properties for at least three years can receive benefits - purchase at cadastral value.

What type of borrowers can get a mortgage for non-residential real estate

You can apply:

• IP;
• small and large business owners;
• leading company managers;
• major shareholders.

Can an individual take out a mortgage on non-residential premises?

Commercial real estate mortgages are available to individuals subject to their registration as individual entrepreneurs. Managers or owners of a certain business, shareholders, and founders can also receive such a loan. In addition, the borrower must be a Russian citizen aged 21 to 65 years.

The bank pays attention to the credit history of the entrepreneur. It is important that the company has an unblemished reputation, pays taxes on time and keeps accounting records correctly. Otherwise, the chance of getting your application approved is significantly reduced.

Features of non-residential premises

When applying for a loan to purchase a property from a non-residential property, individuals will have to face some features relating to the property being purchased:

• real estate purchased with mortgage funds will become collateral;
• You cannot register in the apartment;
• payments for utility services in non-residential premises are many times higher, so an individual may experience financial difficulties;
• you cannot use maternity capital or other subsidies from the state to repay the loan debt;
• There is no tax deduction for this loan offer.

Expert opinion
Irina Bogdanova

Expert in the field of mortgage lending.

It is impossible to obtain a loan for the construction of non-residential real estate without a large down payment, since there is a high risk of freezing or stopping construction.

Loan for the purchase of a garage

Individual entrepreneurs with the status of an individual have the opportunity to take out a mortgage for a garage. Borrowed funds can be used to purchase a finished garage or build one. An example is an offer from Sberbank, which also applies to the purchase of a parking space.

Since such a mortgage is not available at all financial institutions, an alternative may be a standard consumer loan.

Thus, Sberbank offers such a product under the following conditions:

• limit – up to 5 million rubles;
• interest rate – from 9.9%;
• Installment plan – up to 5 years.

Details can be found directly on the website.

A garage is not real estate unless it has a solid foundation.

Property with land

The land plot on which the building purchased with a mortgage is located automatically becomes collateral (Article 69 102 of the Federal Law “On Mortgage”). An exception will be land owned by municipal or state property. Also, the bank cannot impose an encumbrance on plots that have an area less than that established in a particular region (for example, the minimum is 2 acres) and owned by the right of permanent use.

Expert opinion

Irina Bogdanova

Expert in the field of mortgage lending.

If the land plot, which the applicant owns by lease, becomes collateral with the bank, then even when a penalty is imposed on it, the creditor does not have the right to dispose of it as the owner. He will be able to act exclusively as a tenant.

Other properties for exclusively commercial purposes

It is more difficult for individuals to buy commercial real estate with a mortgage than for legal clients. The bank offers the latter to purchase warehouse, office or retail space at an inflated rate, which is unprofitable for individuals. Therefore, such loans are issued exclusively to citizens conducting business activities. Then they take into account the company’s profit and the prospects for business development. The borrower must submit for review, in addition to the standard package of documents, the company’s financial statements.

Typically, such loan offers imply stricter conditions for the client.

Notice of change of ownership

The legislation establishes separate requirements for the landlord and the tenant. The lessor undertakes to notify the lessee of the change of owner by means of a special written document - a notice.

Notification of a change of owner may be necessary when tenants operate at a non-residential property. According to Article 617 of the Civil Code of the Russian Federation, when there is a change of owner, there is no need to renew the lease agreement , but the previous owner is obliged to warn tenants about this in advance.

The notification can be drawn up in any form, but the change of details must be specified, because rental payments will be transferred to them, and the contacts of the new owner will also be entered. Get everything done correctly using written notices. They must be provided to tenants one month before the transaction.

A change of ownership of a building that is being leased is not grounds for cancellation of the lease agreement.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 302-76-94

List of banks that issue commercial mortgages

List of the most popular banks issuing loans for business:

Typically, banks do not provide mortgages for commercial real estate without a down payment. But this does not mean that it is impossible to reach an agreement on an individual basis. The likelihood of approval will increase if you offer collateral that is worth more than the amount requested.

Attracting a reliable guarantor will also have a positive effect on the decision, especially when the state acts in this capacity (under a special program). If the bank takes such a risk, it will be necessary to make a down payment exceeding 40% of the loan amount.

To choose the most profitable offer for yourself, you should use an online calculator.

How to register real estate and do I need to pay a state fee?

The procedure for state registration of ownership of a non-residential property is a prerequisite for obtaining a cadastral number, after which the owner will be issued a cadastral passport in Rosreestr. According to Federal Law No. 218-FZ, registration must be carried out during purchase, division into shares, donation, inheritance, and even during planning.

To carry out the procedure, you must submit a package of documents and pay a state fee. A week later, after the property owner applies, a certificate is issued.

If there are several owners, then each of them receives a copy. After receiving the registered contract in hand, the owner can use the premises at his own discretion. Also, as soon as the new owner goes through the registration procedure, he will have the opportunity to order an extract from the register confirming his ownership rights.

How can you find out who the owner is by looking at the address of a house?

Quite often in practice a situation arises when only the address of the premises is known, but not its owner. Is it possible to find out who owns a premises based on its location?

Yes, it can be done. The fact is that the USRN data is available to everyone. In order to obtain complete information about the object, including information about the owner, you need to send a request to Rosreestr and order an extract from there :

1. By personally contacting the Rosreestr branch at the location of the object.
2. Using the online service on the official website of this organization. However, for this, a person will need to pre-register on the State Services portal.

It must be remembered that although information from the Unified State Register is available to everyone, the service for issuing it is paid. As of the end of 2017 - beginning of 2021, this extract will cost citizens at least 300 rubles. The exact tariffs currently in effect should be found in Rosreestr.

Registration deadlines and documents for state registration

To register when transferring ownership of a non-residential property, you must contact Rosreestr, it is located in the territorial office. You can send your appeal via the MFC, the Internet, by mail or through an authorized representative. If this is not done, then according to Art. 219 of the Civil Code of the Russian Federation, the transaction will be declared invalid.

To carry out registration, a package of the following documents is presented:

1. Passports of both parties. If the affairs are handled by an authorized representative of one of the parties, then a power of attorney certified by a notary.
2. The constituent documents and their notarized copies are presented to the register.
3. It is required to present copies of purchase and sale, donation, and exchange.
4. Both parties write the statement by hand.
5. A receipt for the state fee is submitted.

The state fee for registering ownership of a premises or building is 2 thousand rubles. When registering shared ownership, each share owner pays 2 thousand rubles on a separate receipt. State registration does not take much time. All documents are checked and processed within seven days.

Registration stages

Need to arrange a room for yourself? Recognition of the ownership of a non-residential property by one person or another is a common manipulation today. It is carried out in several stages.

First, the owner of the territory prepares documents. He will need property passports (cadastral and technical). If we are talking about a new building, the relevant papers must be prepared by the developer.

To obtain a cadastral passport, as well as a floor plan (you can’t do without it), you need to call the appropriate service. Namely, employees of the cadastral chamber. If land is registered along with a non-residential property, you will have to additionally contact surveyors. They are engaged in drawing up technical plans for land plots.

Next, the remaining papers are collected. The procedure depends on the specific life circumstances of each individual case. When everything is ready, you can, if necessary, carry out a legally significant transaction to transfer authority to a certain object, associated with registration actions.

Before submitting an application in the established form to the authorized services, it is mandatory to pay a state fee. Legal entities transfer 22,000 rubles for the operation, individuals – 2,000.

When documents are transferred to authorized services, they are checked for authenticity and integrity. If everything is fine, the owner will be able to receive title papers in 10 days. Otherwise, the procedure will be suspended or rejected altogether.

What to do if recognition is refused?

According to Article 25 of the Federal Law “On State Registration of Real Estate” N 218-FZ dated July 13, 2015, Rosreestr has the right to return the application without consideration.

The main errors include:

1. Incorrect package of documents.
2. Incorrect completion of the application.
3. Lack of documents confirming payment of state duty.

In any case, you need to eliminate all the shortcomings, fill out an application and go through the registration procedure again. The last resort to obtain property rights is to go to court, but you must provide evidence that the refusal was unlawful.

When is a power of attorney required to represent interests?

ATTENTION: In cases where a person cannot exercise his rights himself for some reason, he can use the help of a representative.

This also applies to the exercise of rights arising from the ownership of non-residential premises. The owner can issue a power of attorney in the following cases :

• When the premises belong to the organization. The only person acting on behalf of a legal entity without a power of attorney is its director. All other employees must have this document.
• When the owner cannot personally attend the general meeting and sends a representative.
• When registration of rights in Rosreestr is required. In this case, the power of attorney must be notarized.

A power of attorney is also required in all other situations when another person acts on behalf of the owner. The only exception is the case when the premises belong to a minor, and parents act on his behalf: they have the right to represent the interests of the child without a special document.

Grounds for termination of ownership of an object

According to Article 235 of the Civil Code of the Russian Federation, the basis for termination of ownership of a non-residential property is an application from the relevant person. A set of necessary documentation is submitted to Rosreestr. The reason for termination of the right to own real estate may be:

• a signed and already registered agreement in favor of another person;
• liquidation of the facility;
• confiscation of property;
• criminal act of the owner or his death.

In conclusion, it should be noted that non-residential buildings on equal rights with residential ones can act as objects of purchase and sale, donation and inheritance. If construction is underway, you should be prepared for the fact that the approval procedure may take a lot of additional time.

Can it be several people at the same time?

The law allows ownership of premises not only by one person, but also by several at the same time. In this case, common property may be:

1. Shared – this occurs in the vast majority of cases. With it, each party owns a clearly defined share in the right to the premises.
2. Joint . With this form, shares are not determined in advance. This may happen if the premises belong to spouses (Article 34 of the RF IC), a farm (Article 257 of the RF Civil Code), SNT (Article 4 of the Federal Law No. 66-FZ dated 04/15/1998 - until January 1, 2021) or some other rare subjects.