How to make non-residential premises residential
In addition to documents confirming the voting of the owners of premises in the apartment building (if their consent was required), to apply for the provision of public services you must provide:
- inventory of documents according to form;
- identification document of the applicant (copy of all pages - when contacted by the applicant’s representative);
- an identification document of the applicant’s representative and a document confirming the authority of the representative - if the documents will not be submitted by the owner of the premises;
- title documents for the premises being transferred, if the rights to it are not registered in the Unified State Register of Real Estate or the rights to it were registered before January 31, 1998 and are not at the disposal of the City Property Department (originals or notarized copies);
- a project for the reconstruction and (or) redevelopment of the transferred premises, if the reconstruction/redevelopment is required to recognize the premises as residential;
- accounting and technical documentation for the premises as of the date of the last survey conducted no more than 5 years ago (originals);
- floor plan of the house in which the transferred premises are located (floor plans of all floors in the house), as of the date of the last survey carried out no more than 5 years ago (originals);
- conclusions of authorized organizations on the compliance of the transferred non-residential premises with the requirements for residential premises (originals):
- from an organization that carries out technical accounting and technical inventory of capital construction projects;
- from an organization accredited to carry out sanitary and epidemiological examinations, investigations, surveys and other types of assessments (if there is a positive conclusion on the said conclusion from the Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in the city of Moscow);
- from an organization accredited to conduct an examination of design documentation and engineering survey results.
If the owner of the transferred premises is a minor, you will also need a birth certificate or a document issued in the prescribed manner confirming the fact of the birth and registration of the child, if it is issued by the competent authorities of a foreign state.
If the owners of the transferred premises are several persons, the request is sent by one of the owners:
- with the presentation of a power of attorney confirming the authority to represent the interests of the remaining owners of the premises (consent to the provision of public services, to the processing of personal data). In this case, a single set of documents is attached to the request;
- in the absence of a power of attorney, the consent of the owner of the individual can be obtained in electronic form using mos.ru if you have full access to the “personal account” subsystem of the portal.
Consent for minor children under 14 years of age and incapacitated/partially capable citizens is provided by their legal representatives. Minors who have reached the age of 14 act with the consent of their legal representatives.
In what cases can you be refused?
Refusal
If the room does not meet the requirements mentioned above, you can try to remodel it - for example, carry out redevelopment, which we will talk about in more detail below. But if the premises, even after the changes, do not have a list of all the necessary characteristics, then you will most likely be refused to transfer it to the status of residential premises.
And it doesn’t even matter what exactly the problem is - in the technology (no electricity, no windows, or simply the layout is not conducive to living) or in the documents (you didn’t find everything you needed - or the information you provided suddenly does not correspond to reality) . Yes, we shouldn’t forget about the bureaucratic part of the process either; it is no less, if not more important, than the technical one. So let's move on to it.
Can I cancel a change if I change my mind?
It will not be possible to simply cancel such a transfer; you will need to complete the entire process in reverse order.
Our website experts have prepared for you other useful materials regarding commercial real estate:
- Types and transactions with it.
- Taxation.
- Features and pitfalls of purchasing in a new building.
- Secured loan.
- The nuances of insuring such buildings and structures.
- Purchase on credit and lease.
Algorithm of actions
It is necessary to clarify that regardless of what change of status occurs, the decision on the transfer is made by the owner. The tenant or user is not granted such rights.
The translation procedure is almost identical. It includes:
- Ordering a redevelopment project.
- Preparation of a reconstruction plan and other documents.
- Obtaining permission from the authorized body.
- Carrying out redevelopment.
- Conducting an examination by a specialized commission to issue an expert opinion.
- Ordering a technical passport of the object.
- Submitting an application to transfer the status of the premises to the authorized body.
- Making changes to Rosreestr.
- Receiving a new extract from the Unified State Register of Real Estate.
From this moment on, your premises receive the necessary status.
I. N. Bokova, registered: Krasnodar region, Sochi, st. Tumanyan, 17, apt. 14.
The administration of the urban settlement of Smyshlyaevka, having considered application No. 135 dated March 20, 2018 for the transfer of residential premises (apartment) to non-residential premises without carrying out redevelopment (reconstruction) work, of the residential premises (apartment) located on the ground floor of an apartment building at the address: Samarskaya region, Volzhsky district, urban settlement Smyshlyaevka, urban settlement Stroykeramika, st. Academician Dmitry Kozlov, house No. 15, apartment 117, total area 541.8 m2 - we inform you the following:
Allows the transfer of residential premises (apartment) to non-residential premises in accordance with the current Housing Code of the Russian Federation. (No. 188-FZ) dated December 29, 2004, Art. 26.
Head of the Administration of the Urban Settlement of Smyshlyaevka V. M. Bryzgalov
Where to go to change the status of real estate
We are running to change the status of the premises
You need to submit your request and the collected package of documents to the nearest MFC or directly to the local government body that deals with this. This could be either the Housing Fund Administration or some special department. Although in some parts of our country all this can be done even online, simply through the State Services portal, in most regions you will still have to leave your home and visit the relevant authority in person.
Again, if your premises need redevelopment to change the status, then even before collecting all the necessary documentation, you can contact the architects. It may be possible to obtain permission after the necessary repairs, and he will even be able to help with this. You can also expect help from architects and engineers with the necessary documents.
How to make an application to change the status of the premises
Sample application for transfer of non-residential premises to residential
The last point deserves special attention. The fact is that it does not have any strictly established form for Russia, so it can vary greatly from region to region.
In order not to make any mistakes, do not write a statement in free form - first, it is better to consult with lawyers or check what standard is established by your local authorities and whether it is established at all.
In the application, in any case, you will need to indicate the address of your premises, enter information about it from Rosreestr, as well as add your personal information to this and at least briefly outline the plan of changes you have planned. If you suddenly forget something, you may be asked to provide additional documents or they may simply find the necessary information on their own - but this is a waste of time, and we do not need it.
Also, special attention should be paid to cases when, during the redevelopment process, you somehow affect common areas - install a new door in the corridor, make changes to the facade, appropriate part of the basement. All this will require additional permits and approvals - in general, papers that should also be provided along with a single package of documents.
Everything is ready - what next?
Got thoughtful
A new, remodeled premises needs a new technical plan - contact the BTI for it. After this, you can begin registering (now) residential premises in Rosreestr. However, this should only be done if it has not started and without your participation, this is also possible.
After completing all the repair work and agreeing on the documents, all you have to do is enjoy life in your, if not entirely new, but at least updated property. Then it will not be a sin to remember how the long and complex process of changing its status began.
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Timing and cost
waiting man
By the way, the period for consideration of your application depends on the region - it can vary from a month to three. A few working days after the decision is made, you will be informed about it, and within another three months you will be able to appeal it if the result is negative.
Afterwards, all that remains is to register the premises with a new status in Rosreestr. But don’t forget to add to this time the time you will spend on all preliminary approvals, drawing up a package of documents and going through the authorities.
You can, for example, take care of utilities in advance, because in non-residential premises they are more expensive than in residential ones, which means you will need to recalculate. Well, and, again, redevelopment - in some cases, the work of repairmen can take even longer than all the bureaucratic delays.
It is not possible to name the exact amount that it will cost you to convert non-residential premises into residential ones, because each case is individual and requires individual consideration. For example, if someone in the room does not need to change anything except documents, then another will have to carry out redevelopment and update the engineering - and this is a lot of money, even if you do not count repair work.
Some will also need a detailed project for the same thing, some will not be able to do it without providing additional paid documents, and some will not be able to cope without expensive legal assistance. Well, absolutely no one will escape the obligation to pay state duty! In general, it will not be possible to outline even approximate price limits. The price tag starts from several thousand rubles - and can reach several hundred thousand.
