Consent of owners to transfer residential premises to non-residential premises (in an apartment building): samples for 2021

Is it possible to transfer to non-residential property without the consent of the owners?

It will not be possible to do without the consent of the owners. If the apartment is in shared ownership, any operation with it requires agreement between all owners (Article 246 of the Civil Code of the Russian Federation). The same applies to joint property of spouses: it will not be possible to change the status of housing without the consent of the husband or wife if it was acquired from the moment of marriage.

In addition to the consent of property owners in common ownership, other consents are required:

From the owners of adjacent apartments.
From tenants-owners of real estate in an apartment building.

Note: you will not have to coordinate the transfer of housing to non-residential premises with your neighbors only if it is a private residential building. All that is required is the consent of all owners.

Contents and design of the document

Most often, the survey is carried out using a regular piece of paper on which the owners of residential premises put their signatures for approval.

Consent/disagreement form:

The heading “Consent” is placed in the center of the sheet.
A transcript is written under the title. Example: “for reconstruction, reorganization and (or) redevelopment of premises, as a result of which part of the common property in an apartment building will be added to them.”
Place, date.
Data of the owner who gives consent, incl.
Full name, address of the residential premises, details of the certificate of ownership. Example: “(full name), being the owner of premises in an apartment building located at (address of the house and apartment), as confirmed by Certificate of Ownership No. (number) dated (date of issue of the certificate), valid on the basis of Part 2 of Article 40 The Housing Complex of the Russian Federation hereby gives consent to the reconstruction and redevelopment of the premises, as a result of which part of the common property of the apartment building will be added to them.”
Signature and decryption of the signature.

Consent of owners to transfer to non-residential

Owners are considered to be citizens who have ownership rights to a share. All changes in the apartment must be coordinated with them, regardless of the size of the shares. Consents are drawn up from everyone in simple written form, but are subject to notarization.

Legal advice: regions have their own sample applications for transferring the status of residential premises to non-residential. The co-owner can express consent to the procedure immediately in the application, if so provided in the form. Usually the signatures of all owners are placed at the end. Then you won’t have to fill out a separate document.

Contents and sample consent

The document must contain the following information:

Full name, registration address, passport details of the owner giving consent.
Full name, address, passport details of the second owner who will be involved in the procedure.
Address, cadastral number, area of the apartment.
Expression of consent to redevelopment and change in the status of the premises.
Date of compilation and signature.

Sample consent

How to convert residential premises into non-residential ones?

How to convert non-residential premises into residential ones?

Procedure for changing the purpose of an object

The law allows the transfer of residential premises or buildings to non-residential ones. The basic requirements for this procedure are enshrined in Art. 22 – 23 Housing Code of the Russian Federation.

Our experts have prepared materials for you on how to convert non-residential premises into residential ones, as well as what is included in the package of documents for changing the status of housing and how to write an application.

Where should I contact?

To change the purpose of a premises, the municipal authority is required to make an appropriate decision. Which local government organization will do this depends on local regulations. Typically this is the city property department, housing commission, or other similar body.

The commission will check whether housing transferred to non-residential stock meets the mandatory requirement:

Location on the first floor of an apartment building. It is also possible to transfer apartments located above, but only on the condition that the underlying premises do not belong to the residential category.
A separate entrance or the ability to equip it without violating construction and technical standards. In an apartment building, this means that you need an entrance from the street, and not through the entrance.
Isolation. The object is translated only as a whole. The Housing Code of the Russian Federation directly prohibits the transfer of only one room in an apartment.
Lack of registration of any citizen in this premises.
No encumbrances on housing.
The premises are not located in a dilapidated or dilapidated building.
The transferred object is not part of a rental social housing building.
The premises will not be used for religious purposes. This norm, enshrined in Part 3.2 of Article 22 of the Housing Code of the Russian Federation, has been in effect since 2021 - and therefore is still little known.

In addition, if during the transfer it is planned to reconstruct the premises, affecting the common property of the apartment building, permission will be required from the remaining co-owners of the building.

What documents will be required?

The list of documents that are submitted to the commission is enshrined in Art. 23 Housing Code of the Russian Federation . In addition to the application itself, it includes:

Passport of the owner, or passport and power of attorney of the representative.
Documents confirming ownership of the premises (extract from the Unified State Register of Real Estate, purchase and sale agreement, etc.).
Technical passport for the facility.
If a room in a multi-storey building is being transferred, then a floor plan for the building will be required.
Redevelopment project (if necessary).

Moreover, if the building has been registered in the Unified State Register of Real Estate according to the new rules established by the Federal Law “On State Registration of Real Estate”, only documents confirming the identity and authority of the applicant, as well as the redevelopment project, are sufficient.

The municipal commission will request everything else from Rosreestr independently in the manner of interdepartmental interaction. However, to speed up the review procedure, the applicant has the right to submit these documents on his own initiative .

The commission is expressly prohibited from requesting other documents not included in the above list under Part 3 of Art. 23 Housing Code of the Russian Federation.

Read more about how to change the status of housing and what documents are needed to transfer residential premises to non-residential ones here.

Duration and cost of the procedure

According to Part 4 of Art. 23 of the Housing Code of the Russian Federation, the maximum period for transferring premises from one target category to another is 45 days from the moment the application and accompanying documents are received for consideration.

The municipal body makes one of the decisions:

On permission to transfer a residential property to the non-residential category.
About the ban on such translation.

The notification is issued on a form approved by Decree of the Government of the Russian Federation No. 502 of 2005.

Whatever decision is made, it must be brought to the attention of the applicant no later than 4 days. In the event that documents were submitted through the MFC, this period is increased by 1 day: time is required to transfer the documentation from the municipal authority back to the MFC.

The specific cost of the entire translation procedure includes:

Payment for the production of documentation (redevelopment project, technical documentation in BTI, etc.).
Payment for notary services for certification of necessary documents.
State duty for registration of an object.

The exact amount of costs will depend on prices in the regions, the amount of work required and other factors. In general, the person conducting the transfer needs to be prepared to spend from 200 thousand to half a million rubles, and in Moscow or St. Petersburg - up to 800 thousand and above. In the same case, if the services of specialist intermediaries are used to carry out the procedure, you will need to add the costs of paying for them.

You can find out how to convert residential premises into non-residential premises and vice versa and how much it will cost here.

Consent of neighbors of adjacent apartments

Art. 23 of the Housing Code of the Russian Federation requires the registration of consents from all owners of apartments that have adjacent walls with housing being transferred to non-residential premises: on the side, above, below. If the property is not located on the ground floor, you will need permission from the owner of the non-residential premises below.

Note: you can transfer housing to non-residential premises if it is on the ground floor. The transfer of objects on the upper floors is allowed if the apartments located below are non-residential. If at least one owner refuses to sign the consent, it will not be possible to transfer the premises to non-residential use.

Contents and sample consent

The form of consent is usually established by regional authorities. What information does it contain:

Full name, passport details of the citizen signing the document.
Address of the apartment whose owner gives consent.
A reference to the fact that the citizen’s housing is adjacent to the real estate being transferred.
Statement of consent to transfer.
Signature, date of compilation.

Sample consent

Is it possible to change the purpose of a separate part of the house?

Not only the entire building, but also part of it can be transferred to non-residential use . In general, the procedure will look the same in both cases. You only need to consider the following:

The room being transferred must be isolated.
The non-residential part of the building must have a separate entrance.

However, it must be taken into account that in practice the application of the norms of the RF Housing Code may vary in different regions. The fact is that the code does not describe in detail the difference in status between a residential building (for example, a cottage) and an apartment.

The Russian Housing Code prohibits transferring part of an apartment to non-residential stock, but there are no clear rules regarding cottages. Therefore, disputes may arise here, including litigation.

Consent of apartment owners in MKD

This consent is drawn up based on the results of the general meeting and is reflected in the minutes.
In the future, it will be needed by the administration when reviewing documents from the owner of the property, whose status is changing. In order to agree on the issue of transfer with residents, a number of conditions must be met under which the results of the meeting are considered positive:

If a house has two or more entrances, a quorum requires: 2/3 of the votes of the owners of the entrance in which the housing being transferred is located. And a minimum of 50% of the votes held by the owners of adjacent premises. A minimum of 50% of the votes from meeting participants is required to make a decision.
If the house has one entrance, a quorum requires at least 2/3 of the votes of the total number of meeting participants, and half of the votes that belong to the owners of adjacent apartments. The decision is made by a majority vote of the total number of those present (Clause 1.2, Article 46 of the Housing Code of the Russian Federation).

Note! According to Art. 48 of the Housing Code of the Russian Federation, the number of votes of owners is calculated taking into account the area of their apartments. For example, if a house has an area of 70 sq.m., the owner has 70 votes. But most often everything is calculated as a percentage based on quorum principles.

Contents and sample protocol

In order for the minutes to be accepted by the administration, it must contain complete information about the meeting and residents:

House address, document number, meeting location.
Area of residential and non-residential premises.
Number of apartments and owners.
Agenda: reconstruction, redevelopment, redevelopment, transfer of residential premises to non-residential premises.
Full name, addresses of participants.
Number of votes "for" and "against".
Signatures of the chairman and secretary of the meeting.

Sample protocol

Arbitrage practice

Typically, the administration refuses to transfer housing from residential to non-residential due to the lack of consent of the owners of adjacent premises or the failure to hold a general meeting, or if the redevelopment project does not meet the established requirements.

Here are some examples of decisions in cases challenging administration refusals:

Decision No. 2A-937/2020 2A-937/2020~M-475/2020 M-475/2020 dated February 28, 2021 in case No. 2A-937/2020. As a result, the court granted the claim, declaring the refusal illegal. The defendant (administration) was obliged to make a decision to transfer the premises to non-residential status and to issue an acceptance committee report on the completion of the redevelopment.
Decision No. 2A-2855/2019 2A-437/2020 dated February 27, 2021 in case No. 2A-1766/2019~M-1283/2019. The demands were rejected in full.
Decision No. 2A-102/2020 2A-102/2020~M-27/2020 M-27/2020 dated February 20, 2021 in case No. 2A-102/2020. The administration refused the transfer due to the lack of parking spaces, because... The plaintiff planned to use the premises to open a store. The claims were denied.

Documents for transferring residential premises to non-residential premises

Until June 2021, owners of apartments being converted into non-residential ones only had to submit to the administration applications, title documents, floor plans, redevelopment projects, floor plans with technical descriptions.

Now, in addition to the above, you need to submit:

minutes of the general meeting;
consent of all owners of adjacent premises;
consent of owners of shares in property rights.

Important! The consent of the owners of adjacent apartments can be formalized in one document. Some neighbors try to cheat and make money, and ask for money in exchange for a signature. Unfortunately, you cannot be held accountable for this. Even according to Art. 163 of the Criminal Code of the Russian Federation, liability occurs only in cases of extortion involving the use of violence, threats and other illegal actions.

How much does it cost to remove an apartment from the housing stock?

The cost of converting residential real estate to commercial consists of the costs of several documents:

Notarized consent of all owners, if the housing is in shared ownership - from 1,000 rubles. for one document.
Extract from the Unified State Register – 350 rubles, if ordered electronically on the Rosreestr website.
Technical plan – from 5,000 rub.
Redevelopment project – from 15,000 rub.

Note: there are also organizational costs for holding a general meeting. For example, printing notifications and sending letters by Russian Post costs on average 5,000 rubles. It is also necessary to take into account the costs of the redevelopment itself; they depend on the type of changes made, the list of works and the total area of the room.

Lawyer's answers to private questions

Is it possible to do without the minutes of the general meeting?

Theoretically it is possible, but practically not. If an apartment is transferred, in any case the owner will have to carry out redevelopment or reconstruction, affecting common property: for example, to arrange a separate entrance. It is impossible to carry out work according to the law without taking into account the opinions of other owners.

I wanted to open a grocery store in an apartment building, but I didn’t get the consent of the residents, many were against it. Can anything be done about this?

No. Without the permission of the owners of other apartments, based on the results of the general meeting, it is impossible to transfer a separate premises to non-residential premises and make redevelopment.

Is 100% consent of the owners of an apartment building required if I am going to transfer the apartment on the ground floor into a commercial space?

No. 100% is needed only if, as a result of the redevelopment, the total property of the apartment building will be reduced and the load-bearing structures will be affected. Or when building an extension on an adjacent plot of land. In other situations, a majority vote is sufficient.

I'm going to open a hostel on the first floor of an apartment building, I need to transfer the apartment to non-residential. The HOA allowed this to be done. Do I need to obtain the consent of the owners of the remaining apartments, or is it not necessary?

Yes need. It won't be possible to do without the other owners.

I have an apartment in shared ownership, ½ each. I don’t know where the second owner is; I haven’t communicated with him for a long time. Is it possible to convert housing into non-residential without his participation?

No. The consent of the second owner is required if he is not declared missing. We'll have to look for him.

How is the procedure done?

After you have submitted all the documents to the commission, you will receive a special statement with the date and list of them.
Then, within a month and a half, your question will be considered and a decision will be made. You will then receive a letter notifying you of the decision within three business days. If the answer is yes, then you can immediately begin registering new property rights and obtaining the consent of other owners. If, in addition to the decision, you received instructions to carry out a certain redevelopment, then you need to first do this, then draw up a special act, and only then register yourself as the new owner. If you received a refusal, this could happen in the following cases:

If you have not provided the entire list of documents;
We contacted the wrong organization;
You did not comply with the conditions for the reconstruction of the premises;
Your redevelopment does not meet housing standards.

Therefore, think about this immediately and do not make such miscalculations. In addition, if the commission does not make a decision on the transfer within the specified period, you have the right to file an application with the court and begin proceedings in this regard.

Commissioning will occur only after repairs and the consent of the owners of other apartments. Their consent will also be needed when installing a separate entrance, which, by the way, will require special documents and permission from the architectural bureau.