How to convert an apartment into a residential building

Home / Housing disputes / Transfer of residential and non-residential premises / How to transfer an apartment into a residential building

Private house or apartment? This question worries many owners who want to choose comfortable housing. Often there are apartments in a one-story or two-story building. Formally, the building is considered multi-apartment. But by all indications it can be recognized as a private residential building.

The desire of the owners alone is not enough for recognition. In practice, when making a request to the administration, apartment owners are met with a categorical refusal. The question arises, what to do? Obviously, try to transfer the apartment to a residential building through the court. Changing status is a very complex and lengthy procedure. It is important to know the basic steps and stages. Read more about this here.

How to convert an apartment into part of a house

Sometimes people contact our company with the question: how to convert an apartment into part of a house ?
The Housing Code of the Russian Federation does not provide for the transfer of residential premises - an apartment - to part of the house. In addition, a multi-apartment building implies a special regime for common property, which belongs to all owners of premises in such a building on the right of common shared ownership. For example, common property includes premises of a given house that are not parts of apartments, which are intended to serve more than one room in such a house, including the walls of the house, inter-apartment landings, attic, corridors, stairs, elevators, technical floors etc. Recently, the procedure for transferring residential premises to non-residential premises has become widespread. This process is complex from the organizational and legal side. The transfer of residential premises ( apartment , house) allows you to change the functional purpose of such a residential premises and use it to conduct all kinds of business activities.

How to transfer an apartment to part of a residential building to register a land plot

according to Art. 28 Federal Law dated December 21, 2001 N 178-FZ “On the privatization of state and municipal property”, the privatization of buildings, structures and structures is carried out simultaneously with the alienation to the person purchasing such property of the land plots occupied by such property and necessary for their use. A land lease agreement is not an obstacle to the purchase of a land plot; refusal to purchase a land plot is not allowed.

The judicial panel has no reason not to trust the expert’s conclusion; the conclusion was made in accordance with the requirements of the Law “On Expert Activities”, the expert was warned of criminal liability. This conclusion has been examined

How to convert an apartment into part of a residential building

The question of how to convert an apartment in a one-story building located on a plot of land into part of a residential building worries many. And not only this. How to then register changes in Rosreestr and obtain the necessary documents. Our readers' questions resulted in two articles. One of them is partially published. The full text of the article can be found on our website.

In accordance with paragraph 2 of Article 16 of the Housing Code of the Russian Federation, a residential building

an individually defined building is recognized, which consists of rooms, as well as premises for auxiliary use, intended to satisfy citizens' household and other needs related to their residence in such a building.

Registration deadlines

As for the timing, the administration makes a decision within 45 days . It will take about 3 days to notify the applicant. In total, up to 48 days pass from the date of application. about 15 days to register changes in Rosreestr. When applying through the MFC, the period will increase by 2-3 days.

Judicial dates are difficult to predict. The consideration of the case can take 3-4 months, or even six months - depending on the difficulties, additional examinations, counterclaims, failure to appear at meetings, new facts in the case, etc.

How to convert an apartment into a home status

There is a privatization agreement for an apartment dated 1994, written on a standard form. There is a clause in the agreement that the use of the apartment is carried out in relation to the rights to use residential premises, approved by Resolution of the Council of Ministers of the RSFSR dated September 25, 1985 No. 415. In fact, the building is a house; due to the presence in this agreement of the word Apartment, the administration refuses to allocate a land plot to it. And I want to sell this house with land, because... it is located in a rural area. How to transfer the status of an apartment to a house and where to apply for the allocation of a land plot to it. The notary said that we need to go to court, but she did not say what documents were needed for this. The administration issued a certificate that the building is not an apartment, but a residential building, and a registration certificate is also for a house, not an apartment..

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You need to contact the department of the Federal Service for State Registration, Cadastre and Cartography (Rosregistration) at your place of residence, if you privatized your house after 1998, then they have information about you as the owner, in this case you need to write an application for changes in the information about the object, attaching a certificate and registration certificate on their basis (since it indicates that this is still a house, not an apartment), change the status of the apartment to an individual residential building.

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Written requests from all owners. The owner in the application indicates his right to separable square meters of the house, and the remaining owners indicate changes in the size of the common part of the property.
Documentary evidence of ownership of real estate from each owner. This may include a deed of gift, a home purchase agreement and other papers.
An agreement concluded between owners for the alienation of a share of housing in kind.
Technical passport for a new part of the property in the house.
A document confirming payment of the state fee.
Civil passports of other owners. If trusted persons are present instead, then powers of attorney executed by a notary must be presented.

Law Club Conference

If you combine two apartments into a house, try contacting the Office of the Federal Registration Service for your region with an application to make changes to the Unified State Register. I remember using this method to combine several rooms into an apartment; I don’t know for sure about apartments into houses, but I assume that the situation is similar.

There is a residential building, there were three owners, one of whom is the administration. The administration allocated the citizen an apartment in a residential building, then he sold it. X. is the new owner of the apartment, but cannot formalize the rights to the land plot. Now this is the situation - according to the BTI, this is a residential building, the ownership of which has three owners, one of whom is the administration. And at the same time, there is such an object - an apartment, the owner of which is X.

Questions of necessity and feasibility.

Svetlana

Real estate expert

Before completing documents to change the status of an apartment, you should consider the advantages and disadvantages of such a decision. The need to transfer an apartment to a private house may be due to several circumstances. A situation often occurs when we are talking about a low-rise building with two apartments and one of the owners sold the property to his neighbor. In such a situation, the property has one owner, but according to the documents there are still two apartments listed.

The issue of apartment redevelopment is often associated with certain difficulties and a lengthy approval procedure with supervisory authorities. The owner of the house has the right to expand the territory and provide more comfortable living by going through a simplified procedure.

The advantages of changing the status of an object are used in a situation where it is necessary to privatize a land plot. According to the current rules, if there are several apartments and different owners in a building, it is impossible to register the adjacent territory as private property. The way out of the situation is to transfer the apartments to a residential building.

The owner of a private house can carry out work to improve the local area. Owners often build the following objects on their site:

flower beds;
gazebos;
barbecues;
playgrounds.

The disadvantage of the procedure for transferring an apartment to a residential building is that the owner will have to take responsibility for maintaining the housing and eliminating current problems. The management company is usually responsible for maintaining the apartment, and for the owner of a private building, the failure of communication systems or engineering structures can become a headache and require significant expenses. The owner will need to pay land tax, and the amount of deductions is calculated from the cadastral value.

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How to convert an apartment into a residential building

The said paragraph of the Regulations states that an apartment building is a set of two or more apartments that have independent exits either to a land plot adjacent to a residential building or to common areas. An apartment building contains elements of common property of the owners of the premises in accordance with housing legislation.

Recognition of an apartment as part of a residential building is also possible if the owners of all apartments in the building apply to the court with a claim to transfer their apartment to part of the residential building, and also provide the court with evidence that each apartment in the building is a structurally separate object that does not have utility networks, equipment and communications shared with other apartments, serving more than one room in the house.

Primary requirements

Not every apartment can be turned into a residential building. The owner needs to take into account urban planning regulations.

Technical requirements:

In order to turn an apartment into a separate house, there should be no common areas (stairs, elevator, corridor).
Autonomy of communications – we are talking about a centralized engineering system (supply of cold water and hot water, heating, electricity). The ideal option is when each apartment has its own communications and is in no way dependent on its neighbors.
Separate entrance - no common entrance. You can enter and exit the apartment only through this entrance, bypassing your neighbors in the house.
Availability of local area . Land under a low-rise building + adjacent plot near the building. Often the land is owned by the city. It does not belong to the residents of the house (at least until the apartment is transferred to the status of private homeownership).

General requirements:

Consent of all co-owners of the apartment , including minor children. For minors under 14 years of age, consent is given by one of the parents - by virtue of clause 1 of Art. 28 Civil Code of the Russian Federation.
The residential premises are in the personal or shared ownership of the applicant . For comparison, tenants and tenants cannot change the status of the property. A mandatory document is a certificate of ownership or an extract from the Unified State Register of Real Estate.
There is no arrest, pledge or other encumbrances. Any restriction is a prohibition to dispose of the apartment, incl. convert it into a residential building. Before the transaction, you will have to lift the arrest, pay off the loan and deal with other encumbrances.
The residential property is not considered unsafe, at most dilapidated.

Example:

The court considered A. Ivanov’s claim to recognize the apartment as part of a residential building. According to the data, the housing was located in a low-rise building with four apartments. The plaintiff owned one of the apartments; the ownership of the other three was not registered. In fact, it was found that the premises were empty. Their owner was the administration of Novomoskovsk. According to the technical passport, the house has common parts - namely, the roof, attic and foundation. The one-story building also had electricity supply to all apartments. All issues regarding the house were dealt with by the management company - from this we can conclude that the building is at least multi-apartment. The administration of Novomoskovsk filed an objection to Ivanov’s claim.

Based on the case materials, the court did not satisfy the claims. Reason under Art. 16 LC RF and Art. 48 of the Civil Code of the Russian Federation - an apartment building, not a private and residential one. It is also impossible to consider the plaintiff’s apartment as an independent premises. Technically, without renovating the apartment, transfer is impossible.

How to convert an apartment into a residential building

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How to convert a municipal house into a private one

The situation is as follows: a year ago I bought an apartment in a two-apartment building (that is, one house for two owners, entrances to the house in different parts of the world). The land next to the house is 8 acres (each of the two owners has 8 acres, and so on throughout the village). The land was allocated for an indefinite lease to the first owner of my half of the house, who has already died (97-99). This owner's wife and two daughters sold these half houses to the second owner in 2002.

Hence. privatization. let's say. cooperative apartments. as well as apartments (rooms) owned by private organizations is impossible. It makes no sense, since the main goal of privatization is the transfer of state and municipal residential premises to the private sector, in this case, to the ownership of citizens.

Voluntary

Voluntary procedure means the conclusion of an agreement. For this purpose, the parties may not involve third parties.

Expert opinion

Sokolov Alexander Konstantinovich

Legal practitioner with 8 years of experience. Specializes in criminal law. Extensive experience in document examination.

It is enough to formalize the agreements reached in writing. Notarization is not required. However, the parties can contact a notary office. Although notarization significantly increases the cost of the document.

But the law makes the agreement valid regardless of certification by a notary. Therefore, if the parties violate the agreements reached, each party has the right to go to court.

In practice, written agreements on living in an apartment are extremely rare between co-owners. In most cases, the issue is raised at the stage of an established conflict. Therefore, the parties immediately go to court.

However, even for a trial, evidence of attempts at a peaceful settlement is required. Therefore, the possibility of self-settlement cannot be ignored.

Basic rules of voluntary settlement:

The allotment must not violate the rights of other co-owners. The size of the room should be based on the citizen’s share of the living space.
Access to common areas must be maintained. In addition, the creation of potentially dangerous situations is prohibited. For example, a ban on leaving a living space.
Allocation is possible only in relation to a living room. It is prohibited to exercise the right to a share at the expense of the kitchen or pantry.

Sample agreement

The agreement must contain the following information:

document's name;
date and place of registration;
information about the owners;
information about the property (indicating the postal address and area);
description of shares in the apartment of each owner;
order of division;
procedure for using public facilities;
rights and obligations of the parties;
liability of the parties;
signatures.

Sample agreement on transferring a share in an apartment to a room

How to register 1

3. An apartment is recognized as a structurally separate room in an apartment building, providing direct access to the common areas in such a house and consisting of one or more rooms, as well as premises for auxiliary use, intended to satisfy citizens’ household and other needs related to their residence in such a separate room.

1. The owners of premises in an apartment building own, by right of common shared ownership, premises in this building that are not parts of apartments and are intended to serve more than one premises in this building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors , technical floors, attics, basements in which there are utility lines, other equipment serving more than one room in a given house (technical basements), as well as roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment , located in this house outside or inside the premises and serving more than one room, the land plot on which this house is located, with elements of landscaping and landscaping, and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot (hereinafter - common property in an apartment building). The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.

Share or room

Registration at place of residence. The owner of the room has the right to register himself and register any other citizens in his living space, even if they are not his relatives. The owner of the share can register in the apartment himself and register minor children, if the size of his share is not too small. To obtain registration for other citizens, it is necessary to obtain consent from all neighbors.
Payments for housing and utility services. As the owner of the room, you need to make payments on bills exclusively for your property and space, since when allocating a share in the room, financial and personal accounts are separated. As the owner of a share, you will have to pay not for the territory actually occupied and the utilities consumed, but for the officially assigned share in the documents.
The difference between whether a share or a room in an apartment is a property is important for those who want to get a bank loan against collateral. So, for example, a room can easily be used as a collateral order, but if a share is counted as acceptable collateral, then most likely the bank will provide a loan at inflated interest rates and on unfavorable terms.

How to convert a country house into a residential one

“If a dacha or garden cooperative is attached to a locality, then, accordingly, you need to contact the local government body - either the chairman of the village council, or the district state administration with the appropriate package of documents,” comments Svetlana Bovsunovskaya, president of the League of Experts of Ukraine.

Many people today are faced with the problem of converting residential premises to non-residential premises and vice versa. If you purchased a house that is located in a non-residential building, and you want to convert it into a non-residential one, then you must meet some requirements before this becomes possible. There are many different companies that are ready to help you in this difficult matter, but in order not to fall into the hands of scammers, you need to understand a little about the basic concepts of this topic.