Non-residential real estate - what is it in simple words

Non-residential real estate has become such a part of our lives that it is difficult to imagine any city in the country without it. And even in a small locality, you can easily find many types of non-residential real estate. When will you know what it might be like and where it might be.

After reading this article, you will understand what non-residential premises are like. And you will begin to distinguish them from each other. Familiarize yourself with the types of permitted uses of non-residential premises and their intended purpose. You will learn all the pros and cons of owning such real estate and other nuances.

Let's start our study of non-residential real estate with the most familiar apartments and so-called residential premises, or boathouses. Which each of us encounters when renting inexpensive housing on vacation by the sea.

Residential premises - what are they and how do they differ from apartments?

Apartments

Recently, a fashionable trend among developers.
The construction of residential apartments belonging to the non-residential real estate stock began. The first apartments appeared after one of the developers was refused by the state commission to put the house into operation and assign it the status of a residential apartment building.

But the enterprising developer did not despair about this, and since the new building was located in a prestigious area of ​​the city. They decided to sell the apartments without the possibility of registration in them.

The apartments for sale had all the same functions as regular housing in a neighboring building.

The only difference is that utility bills for such a “pseudo” apartment had to be paid as for non-residential premises.

And the size of the communal apartment itself was slightly higher than in ordinary apartments, but this difference was not critical.

But the cost per square meter of such real estate was significantly lower than the cost per square meter in an ordinary apartment. For sale in the same area of ​​the city.

Boathouses

In the southern regions of Russia and in the central areas of large cities, residential garages have become popular.
Related to non-residential property. People called them boathouses because of their original purpose. Such garages were first built on the coastline of reservoirs, rivers and lakes for the purpose of storing motorboats and small boats.

And the top floor of the boathouse was an insulated living space with the possibility of being used as a summer house near the water.

Living spaces

Over time, in the southern regions of Russia. Another type of non-residential premises was added to the boathouses.

They turned out the same way as the apartments due to the fact that the state commission did not accept the new building. Due to the impossibility of connecting the required communications to it or due to other violations.

Allowing the constructed building not to be recognized as a self-construction and to receive the status of an independent real estate object. But it was impossible to call this building a residential building with apartments.

Therefore, the property documents issued for such pseudo apartments are in the line, the real estate object. Contained the entry “residential premises”, not “apartment”

That is, registration in residential premises belonging to the non-residential real estate fund was also prohibited.

Enterprising citizens of the southern regions, at first, took advantage of the ignorance of citizens from other regions of the country. After all, people have never encountered the new term “living space.” And they thought they were buying an apartment.

The number of deceived citizens grew like a snowball until bloggers began to cover this problem. Which posted explanatory videos on YouTube video hosting. With signs of a living space and its differences from an ordinary apartment.

The reason why entrepreneurs managed to fool people for so long and sell non-residential real estate under the guise and at the cost of apartments.

It turned out that the building, which housed residential premises, was externally similar to an ordinary apartment building.

That is, looking at the boathouse, a person immediately sees a garage with an upper residential floor above it in the form of a superstructure.

And when inspecting a residential premises, the client is cunning realtors. It looks like an ordinary new building with ordinary apartments selling below market.

And the realtor’s promises that the price is lower, since there is no water in the house yet. But she's about to be connected.

But in fact, technically it is simply impossible to connect water to the house. And why do this when all the living spaces in the house are already sold out. Like hot cakes.

Now let's see if it's worth getting involved with the purchase of such non-residential real estate.

After all, boathouses, apartments and living quarters have both their advantages and disadvantages.

Finding the answer

Total found: 39

“Production workshop with built-in office space at the address:...” Good afternoon, did we name our new facility correctly?

Russian help desk response

That's right: with built-in...

Dear diploma, how to spell built-in-attached premises or built-in-attached premises?

Russian help desk response

In both cases there are two letters H: built-in and attached premises.

Hello. Can you please tell me if the commas are placed correctly? The built-in camera records high-contrast images both during the day in bright sun and at night in low-light conditions.

Russian help desk response

The punctuation is correct.

Good afternoon, how to write correctly: with a built-in wardrobe or with a built-in wardrobe? Margarita.

Russian help desk response

Preferable: with built-in. The preposition с is used instead of the preposition с in cases where pronouncing a preposition without a vowel is phonetically difficult (for example, when consonants coincide at the beginning of a word).

Hello, tell me how to write built-in or built-in? Thank you

Russian help desk response

That's right: built-in.

Hello. Please tell me how to correctly name (for example, in internal documents) a plastic bank card equipped with an electronic chip: chip card or chip card, or chip card? Thanks in advance for your answer.

Russian help desk response

A card with a built-in chip is usually called a smart card.

Hello! A dispute arose - what is the correct way to write: “the covers are sewn into the tracks” or “the covers are sewn into the tracks.” I will give an explanation of the phrase, the background and arguments for both options. Tracks are mp3 files. Album cover is the image that appears on the front of the booklet that comes with the disc. The same image (cover) is embedded in each track. The cover can also refer to the image that appears on the back of the booklet, but it is the front image that is built into each track. Those who advocate the first option give the following argument: “the cover is the same for everyone, not different, and there are not several of them in one file.” Those who advocate the second option give another argument: “the cover cannot be one (common) for 17 files at once; a cover is built into each file, and each one separately => we are talking about the cover in the plural.” I understand that the best of these two options is the third, but I still want to settle on one of these two. I tried to get to the truth by reading various local articles/archive questions - in vain. Please help me figure it out.

Russian help desk response

Correct: the album cover is included in the tracks.

Hello. I'm asking the question again. Please answer, is there a need for a comma in parentheses _Starting with iOS 5(,) the built-in camera is equipped with VoiceOver_. Thank you.

Russian help desk response

A comma is added.

Hello! In your answers to the question about the correct spelling of “cache/cache”, you stick to the spelling with an “e”. “The newest explanatory dictionary of the Russian language of the 21st century,” authored by Shagalova, was published in 2011. It is based on rules approved in 1956. We can say that a dictionary cannot be too old or not too old, it is a currently valid dictionary. But what about the fact that in this case there are more recent authoritative sources, and in considerable numbers, that support the spelling “cache”? So, the dry facts: - Meanwhile, checking the word on Gramota.ru gives an unambiguous answer - https://www.gramota.ru/slovari/dic/?word=%EA%FD%F8&all=x&lop=x&bts=x&zar=x&ag =x&ab=x&sin=x&lv=x&az=x&pe=x

(search result from Kuznetsov’s large explanatory dictionary) - “Explanatory Dictionary of Computer Science” Microsoft Press 1995 - gives only cache, disk cache, cache memory - Computer Science and Computer Technologies: Basic Terms: Explanatory Dictionary: More than 1000 basic concepts and terms , Friedland A.Ya. 2002 gives only cache memory. - Modern English-Russian dictionary of computer technologies, edited by Doctor of Physical and Mathematical Sciences Nikolai Alekseevich Golovanov - only Cash in any way and in any phrases. — English-Russian and Russian-English dictionary PC, I. Mizinina, A. Mizinina, I. Zhiltsov - again Cash in every way and not a single Cash. (attached in the archive, you can see for yourself) - New dictionary of foreign words - at the moment in the dictionaries available to us only the word cache is recorded in this spelling (see Zakharenko E. N., Komarova L. N., Nechaeva I. V.) - English-Russian Dictionary of Abbreviations in the Field of Information Technologies, compiled by Yu. Tsukanov - quote: BTAC - branch target address cache, branch address cache memory; ECS - external cache socket, socket for connecting external cache memory; ICDA - Integrated Cashed Disk Array, a disk matrix with built-in cache memory Next selection: Open the Lingvo dictionary. Among the dozens of terms involving cache in translation, there is not a single variant with the letter “e” (“cache”). Open PolyGlossum. The picture is the same among his dictionaries. Context. Same picture. Open the Great Encyclopedia of Cyril and Methodius 2000: CACHE MEMORY. Open Norton Help - Glossary. cache, caching. Let's look at Windows XP Help - Glossary. And - cash! Personally, for lack of anything else, I use Interpretatio, and here is the result from there: - Cash F.A. Brockhaus, I.A. Efron. Encyclopedic Dictionary Kesch is the highest peak (3422 m) in the North Rhaetian Alps, in the Swiss canton of Grisons, on the watershed between the Rhine and the Danube, north of the Albul Pass. In the southwest and east it is steep, in the north it is sedimentary, with a firn field. From the top one of the most extensive views of the Engadine Alps V. V. Lopatin. Spelling dictionary cache cache, -a, tv. -em - Cache Dictionary of computer terms Cache Cache. When viewing pages on the Internet, your browser creates copies of these pages on your computer and caches them. When you try to re-view pages that you have already visited, the browser will no longer request them from the web server on the Internet where these pages are located, but will retrieve them from the cache. And finally, in an article on the topic “e and e in borrowings” authored by I.V. Nechaeva, Candidate of Philological Sciences, researcher at the Department of Culture of Russian Speech, Institute of Russian Language, Russian Academy of Sciences, separately o is especially widely used in words with a monosyllabic base (such as “cash”), for example, gag, cat, men, ten, hand, shen. https://www.gramma.ru/RUS/?id=1.57

Russian help desk response

Thanks for the abundance of links. But what is the question? We cannot change the dictionary recommendation. The only possible step is to transfer these links to the editors and compilers of the Russian Spelling Dictionary.

Hello! please tell me how to spell built-in-attached premises, or built-in-attached? How many N's are there in a word?

Russian help desk response

Correct: built-in and attached premises (written with two Hs, as in the word built-in).

Hello, please tell me how to correctly add the ending of the adjective “built-in” in this sentence? “For professional use, the best choice would be to purchase an ultraviolet lamp with a hole for two hands, a built-in hair dryer, a timer, a sound signal and a mirror surface. "

Russian help desk response

Better here: built-in.

Hello, dear support service. Please tell me, is it possible to somehow use your service to mark which interactive dictations I have already completed? This is a very convenient feature, but I can’t find if you have it built-in. Thank you.

Russian help desk response

Unfortunately, there is no such function on the site.

Hello. Please tell me how to spell it correctly: built-in-attached premises or built-in-attached premises. And if possible, please indicate why or provide a link to the rule.

Russian help desk response

Correct: built-in and attached premises. The spelling of НН coincides with the spelling of the adjective built-in.

Hello, please tell me if the adjective built-in-attached premises is spelled correctly?

Russian help desk response

The spelling is correct.

Good afternoon Please tell me whether it is correct to say built-in appliances for the kitchen, if we are talking about household appliances that are sold in a store and then installed in kitchen furniture. I believe that it is called BUILT-IN. If I'm wrong, tell me what word I can replace it with.

Russian help desk response

The term built-in household appliances is quite correct.

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The advantages of apartments, living quarters and boathouses include:

• Low rental cost from the owner;
• Quite a large area.

Since a boathouse usually consists of several floors and a basement;

• Low cost per square meter when purchasing a boathouse or residential premises and apartments.

Cost 1 m2 of non-residential real estate, with the possibility of living. It can be 20 - 50% lower than the cost of 1 m2 of apartment;

• No complaints from neighbors when running a rental business in non-residential premises;
• Relaxations in legalizing redevelopment in such premises.

Since this is already a non-residential premises, supervision is not carried out as closely as in apartments.

Classification by type of permitted use

Non-residential premises are adapted for various types of activities. There are the following types of buildings according to types of permitted use:

1. Retail space used for trading activities. This category of buildings does not always have permanent walls, and may also consist of a small number of retail areas. It is mandatory to have basic communications systems nearby such an area.
2. Office , used to furnish an organization's office. The main features of offices are the presence of capital walls separating it from other buildings. A prerequisite for an office is the presence of communication systems directly in the office (water supply, bathroom).
3. Universal , designed for various types of business activities (office, medical office, gym, beauty salon).
4. Stock. It is characterized by the presence of solid walls separating it from other premises. The presence of a separate entrance and basic communications is not important.
5. Separate premises. This category of buildings has a separate entrance and main walls that separate it from other architectural objects. Communications are a must.

The disadvantages of owning non-residential premises include:

• Low liquidity of such non-residential premises.

If you want to sell such real estate, you will either have to wait a very long time for your buyer (possibly 3-4 years). Or make a significant discount on this premises, sometimes reaching up to 30% of the cost at which the premises were originally purchased;

• The next disadvantage will be the high property tax rate.

The rate will be 1.3 - 2% of the cadastral value, instead of 0.15 - 0.3% as for ordinary apartments;

• And the most important disadvantage will be the lack of possibility of registration in such a premises. Even despite the possibility of living in it. And the external resemblance to an ordinary apartment.

Thus, apartments and boathouses are suitable only for those people. Who already have an apartment and registration. And such non-residential premises are purchased as a second home.

Otherwise, the owner and his family members will not have continuous Moscow registration.

You need to be registered in Moscow for 10 years to receive the Moscow supplement.

These are new rules. And compliance with them is necessary to receive monthly social benefits. Persons who have reached retirement age.

Attention!

Many people only learn this fact when they reach retirement age when they come to fill out documents for a pension payment. So prepare your straws in advance. And by the time you retire, you should already have a residence permit in Moscow of 10 years or more.

Since from 2021 the total amount of the Moscow pension has been adjusted to a minimum of 21,100 rubles. Pensions may be higher, but not lower. (This is provided that you were registered in Moscow for 10 years at the time of retirement).

That is, even if you didn’t have much work experience, and your pension is only 12,500 rubles.

Moscow pays up to 21,100 rubles as a social benefit to people registered for over 10 years.

• Also, in the absence of registration, the whole family will be forced to visit private clinics.

Since you won’t be given a medical policy without Moscow registration either.

After all, without being attached to a clinic at your place of residence under a health insurance policy. Any appointment, even in a city clinic. There will be a fee for all family members.

And this is by no means a cheap pleasure. Any consultation with a doctor will cost 1500 – 2500 rubles. And this is not to mention the cost of the treatment itself, which will also need to be paid out of pocket.

• Also, families with children will experience inconvenience if they need to place their child in a state kindergarten or school located at the child’s place of residence.

In some cases, of course, it will be possible to do this if you have a temporary registration coupon in hand at some address in Moscow. In the house next door.

But if such registration is not possible for the child and his parents, then he will have to attend a private kindergarten. Or hire a nanny for the child.

And this is not cheap in Moscow either. A kindergarten or private school will cost from 15,000 to 70,000 rubles per month.

And a nanny for a preschool child will ask for 50,000 rubles a month for her work.

You may also need to provide her with a room for personal residence in your apartment.

• The absence of permanent registration in your passport will prevent your family members from finding employment in any government organization.

And for any other good position in a company that offers a high salary.

They probably won’t take you without registration either.

After all, a person without a permanent place of residence does not inspire confidence in the head of the company.

And you don’t know what to expect from him. And most importantly, where to look for it later. In case something happens due to the fault of such an employee.

What is the difference between built-in and built-in and other types of premises?

According to the type of construction, all non-residential premises are divided into:

• Built-in;
• Built-in and attached;
• Attached;
• Detached buildings (abbreviated as OZ).

You can easily distinguish a built-in room from an attached one.

Based on the same principle as the difference between a balcony and a loggia in an apartment building.

If nothing protrudes on the façade of an apartment building and looks monolithic, as if it were a continuation of the wall, then it is a loggia.

And when it sticks out and sticks out a meter forward from the facade, it’s a balcony.

Therefore, the same principle differs between built-in and attached premises.

Built-in room

It is very easy to distinguish a fully built-in non-residential premises.

Such premises are located on the first floors of residential buildings or any other administrative buildings.

The glass showcases of the built-in premises seem to be a continuation of the monolithic walls of the house.

Built-in and attached premises

The built-in and attached room protrudes greatly beyond the boundaries of the building's façade.

Typically, such premises are seen by residents of the second floors under their windows.

When the canopy of the store forms a fairly large area under the windows.

Where can you even play football? Or go out in the summer, put up a sun lounger and sunbathe under the sun.

Attached room

The attached premises are generally connected to the apartment building only by a small part of the wall and general communications located in the basement.

The attached premises are somewhat similar in appearance to free-standing buildings.

It may seem that they are simply built next to an apartment building and are not connected with it in any way.

But if you take a closer look or walk around such an extension, it becomes clear.

That the attached premises are physically attached to the residential building and are one with it.

Detached building (abbreviated as OSZ).

The next type of non-residential real estate is a detached non-residential building.

Which, judging by its name, stands apart from other houses and buildings.

NEOs have a fairly wide range of applications. Therefore, it is worth understanding them in more detail.

The NEO is being built on an individual foundation. And it has its own communications and its own boiler room for heating in the winter.

NEOs can act as administrative buildings, housing on their premises plant administration buildings, railway stations and airports, sports complexes, auto centers, institutions, ministries and departments of the Government of the Russian Federation or other government agencies.

So have a commercial purpose. Acting as a single platform where a large number of different organizations are represented that rent individual offices.

Such clusters with numerous offices are called Business Centers.

When an NEO consists of shops and entertainment venues, it is called a Shopping Center (or shopping center for short)

A smaller shopping center with many stores of different types, but owned by one owner. They are also representative offices and branches of large enterprises in a particular region. It is called the Trading House (abbreviated as TD).

In the early 2000s, in large cities of Russia, a fight against illegal buildings and unauthorized trade was announced.

Therefore, numerous markets, stalls, bazaars and flea markets were rebuilt by their owners into NEOs. Received the name Trade Complex (abbreviated as TK). Where, in one territory, the client received a lot of different services. Starting from the opportunity to buy building materials, ending with hair cutting or solarium.

The fight against illegal garage cooperatives and parking lots was carried out using the same principle. In this regard, underground and above-ground comfortable parking lots have appeared. Consisting of several floors and having connected communications.

The indoor parking lot is also a public safety zone, and activities there are conducted according to the established principles of a garage cooperative. With the difference that its territory has become more and more cultivated. And there are a number of advantages compared to the poorly guarded old-style parking lots of the past.

As a non-residential real estate property, the NEO also has a number of advantages and disadvantages.

What other objects are not provided for permanent residence?

Non-residential premises - an architectural object or part of it, which, according to its intended purpose, is not intended for permanent residence of people. The belonging of an object to a specific type determines the exercise of the right to a structure and affects its civil legal status.

Based on their use for commercial and administrative purposes, the following varieties are distinguished:

There is a classification of non-residential objects according to their purpose:

• used to generate income (commercial);
• used to create conditions for generating income (industrial as well as industrial).

This is important to know: Rules for maintaining common property of an apartment building 2021

The advantages of NEOs include:

• Complete absence of neighbors.

Having such a building you will be your own master;

• Possibility to organize your own parking spaces on the territory adjacent to the OSZ for parking visitors’ vehicles.

Of course, if the free area of ​​land for the NEO allows.

• A very important advantage of NEOs is the presence of their own communications.

Since in other types of buildings, communications are common throughout the building and are usually connected to other rooms.

This threatens that your utility bills will be inflated and you will not be able to do anything.

After all, all losses of water and electricity, even those that occurred through no fault of your own.

Will be extended to all owners of premises that have twin communications.

That is, the neighbors will have a leak, and all non-residential premises connected by communications will pay.

But the main advantage of the NEO is also its disadvantage.

What relates to buildings, their functional and purpose

The intended purpose of non-residential premises is determined by the activity for which it is intended.

Below is a classification by intended purpose:

1. production;
2. sports;
3. warehouse;
4. municipal and household;
5. educational;
6. trading;
7. catering enterprises;
8. medical;
9. free appointment;
10. office

The functional purpose of a building means the presence of design features and technical characteristics that allow it to be used as an independent building.

Based on their functional purpose, buildings are divided into the following groups:

• basic;
• technical;
• communication;
• auxiliary;
• serving.

Disadvantage of the non-residential real estate property NEO:

The absence of neighbors is good on the one hand, but expensive on the other.

For example, when a pipe breaks. All repairs will have to be done at your own expense.

Since communications are the property of the owner of the NEO.

Supplying gas or water nowadays is not a cheap pleasure.

For example, gasification of non-residential premises in the Moscow region.

With the supply of a gas pipe from the nearest gas distribution center to the OSZ (the length of the trench and the pipe itself was 500 linear meters). It cost the owner of the building 3.5 million rubles.

And this is far from the maximum price for gasification of non-residential premises within a populated area.

Since everyone around understands what benefits the owner will receive when renting out such a separate building.

Types of non-residential real estate

All non-residential real estate, for convenience, is divided into subtypes that have their own purpose.

The purpose of non-residential real estate is fixed in the property documents as a separate line.

This allows you to avoid confusion when conducting real estate transactions and charging tax on property ownership to owners by the state.

Below are the main ones. Which you encounter every day in your everyday life.

All non-residential real estate objects have their own classification according to their intended purpose and type of permitted use.

Industrial real estate:

These days, real estate is of this type.
It occurs in the form of large industrial complexes located on land plots with an area of ​​15 - 20 hectares. On the territory of which numerous enterprises are located.

And also in the form of production bases and buildings of restored old factories.

Factories with workshops on their territory. In which raw materials are processed or finished products are produced.

Strategic importance of industrial non-residential real estate

This type of non-residential real estate is rightfully placed first on our list.

After all, industrial real estate is the engine of progress of any state that can ensure its sovereignty and independence.

Thanks to the existing production facilities producing advanced types of weapons. Our country is now able to protect its borders and the peace of its citizens.

After all, many people don’t even understand why funding is still happening. Essentially an outdated and subsidized enterprise.

But this is vital for our country. After all, if our own cars are produced abroad. That is the country on whose territory the automobile plant will be located. In any difficult time for our country. It may simply break the contract and cut off the supply of (even bad and ugly) cars to Russian territory at the most inopportune moment.

All foreign factories producing foreign cars in our country. They can also curtail their activities at the moment and stop producing cars.

We can also be blocked from importing used foreign-made cars at any time.

Therefore, this is not just a domestic auto industry, but a strategically important production for our country.

So it may happen that only this plant will remain with us. And the good news is that “our cars” are still capable of driving.

Which means no matter what happens. Citizens of the country will not be left without cars.

Social and cultural real estate objects:

Real estate objects intended for cultural leisure by citizens. Recently, more and more attention has been paid in large cities of Russia. And budget funds are allocated annually for their construction.

Each district of the city has its own points of attraction consisting of cultural objects and cultural heritage, such as:

• Cinemas;
• Theaters;
• Museums;
• Art galleries;
• Art exhibitions.

Sports properties:

For the sports development of children and maintaining the shape of adult citizens, the following are being built:

• Swimming pools;
• Sports complexes that combine several real estate objects for sports on their territory;
• Stadiums;
• Racing tracks and karting tracks;
• Ski slopes;
• Shooting complexes for sport shooting from various types of weapons and shooting ranges for sport clay shooting.

Communal real estate properties:

This type of non-residential real estate houses employees and equipment that are responsible for landscaping and cleaning the territories of populated areas. And also to maintain a decent standard of living for citizens.

• Buildings housing many workshops for minor repairs and public service.

The so-called “Houses of Public Service”, “Household Services” or Centers of Consumer Services;

• Equipped beaches for swimming;
• Dormitories for visitors;
• Gas, heat and electricity supply facilities for the population;
• Motor transport enterprises;
• Harvesting equipment bases;
• Car service stations and other special premises intended for maintenance and repair of housing and communal services.

Educational non-residential real estate objects:

Non-residential real estate objects of this type accommodate the entire group of educational institutions. Which are engaged in training and advanced training of specialists.

Training of scientists and researchers with doctoral degrees. As well as educational and extracurricular activities.

Such non-residential real estate objects include:

• Buildings of kindergartens and preschool preparatory institutions;
• Schools, lyceums, colleges, gymnasiums or other educational institutions with different modes and forms of education;
• Technical schools, colleges and other vocational schools (vocational schools) that prepare highly specialized specialists;
• Universities, institutes and their branches.

Allowing you to obtain higher education and an academic degree, or defend a doctoral dissertation.

Real estate of this type can occupy huge areas.

On which an entire residential area could easily be located, consisting of several multi-storey buildings.

Which speaks to the importance given to this type of non-residential real estate in any state.

After all, the training of high-quality specialists directly affects the future development of all sectors of the country and the standard of living of society as a whole.

Non-residential real estate objects housing medical institutions:

Doctors working in medical institutions. Located in non-residential real estate objects of this type, they allow citizens to increase their life expectancy and maintain their health.

• Polyclinics and their district branches for the initial examination of citizens;
• Medical centers for the detection and prevention of diseases;
• Hospitals for operating and treating seriously ill patients;
• Oncology centers and dispensaries for the treatment of life-threatening diseases;
• Commercial medical clinics with general practitioners performing simple hardware examinations of patients or other procedures using licensed medical equipment.

They also include separate medical rooms where doctors conduct appointments. Those running a private practice who are engaged in... Mainly by consulting patients.

Attention!

Having trusted treatment in a commercial (private) clinic, people are often left without money and with the same set of diseases that they had before visiting it.

If possible, use public medical institutions or at least those with government participation.

Extension

Judicial practice mainly proceeds from the fact that an extension to a building is not an independent object to which rights can be recognized as a separate object. In the case of erecting an extension to an existing building registered on the right of ownership, it should be taken into account that the original object of right is changing (see Resolution 18 of the AAS dated April 24, 2015 No. A07-20604/2014). This approach is explained by the fact that when constructing an extension, the total area of ​​the entire building increases, therefore, the object of ownership changes, which differs from the original in size, layout and area. In this case, the new object of law is a building that includes unauthorized parts.

The rationale for this position is given below in the materials of the “Lawyer System”

The property was reconstructed without permission. How to legalize the resulting changes

“Reconstruction of real estate, like construction, in most cases requires a special permit (Part 2 of Article 51 of the Civil Code of the Russian Federation). In practice, very often buildings and structures are reconstructed without obtaining any documents. As a rule, this is due to the fact that the development of project documentation, which is necessary to obtain a permit, takes a lot of time and money. At the same time, property owners rarely think that such unauthorized reconstruction can lead to serious negative consequences for them.

It would seem that after unauthorized reconstruction, the owner can, as before, freely use the property he owns. But as soon as the owner wants to sell the reconstructed property or rent it out for a long-term lease, which requires registration, problems will arise. Since the technical characteristics of the object (area, number of premises) change as a result of reconstruction, such data will differ from those contained in the Rosreestr authorities. In fact, the owner will no longer have the same real estate that is indicated in the Unified State Register. This means that the owner will no longer be able to confirm his title of owner of the reconstructed property with an extract from the Unified State Register. At a minimum, this will raise questions among the future buyer, or even ruin the deal. It is possible that the authorities will become interested in the unauthorized reconstruction of the object. They can not only impose an administrative fine on the owner, but also go to court, demanding that such an object be restored to its original condition, and if it is impossible, even demolish it. In this case, the courts apply Article 222 of the Civil Code on unauthorized construction by analogy to the reconstructed object.

Nota bene!

The law provides for administrative responsibility both for the process of unauthorized reconstruction (Part 1, Article 9.5 of the Administrative Code of the Russian Federation), and for the operation of an unauthorized reconstructed facility (Part 5, Article 9.5 of the Administrative Code of the Russian Federation). In the first case, the company may face a substantial fine (from 500 thousand to 1 million rubles) and suspension of activities for up to 90 days. The developer and contractor can be held liable under this article (clause 6 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 17.02.11). For the operation of an unauthorized reconstructed facility, the fine for companies ranges from 10 to 20 thousand rubles. And those who directly use the building are held accountable.

To prevent negative consequences from unauthorized reconstruction, it is necessary to take measures to legalize it. As in the situation with unauthorized construction, this can be done through the court. In this case, the basis for making changes to the Unified State Register entry about the reconstructed facility will be a court decision. However, an analysis of existing practice suggests that obtaining such a decision is almost as difficult as legalizing an unauthorized construction. But at the same time, there are situations when a claim for the legalization of unauthorized reconstruction does not work at all and a completely different demand must be made.

In what cases does a claim for legalization not apply?

First, the owner needs to figure out whether a permit for reconstruction was required and what kind of work was carried out. Judicial practice shows that the rules of Article 222 of the Civil Code on unauthorized construction are not applied in all cases of reconstruction without permission.

The rules of Article 222 of the Civil Code of the Russian Federation apply if a new object is created as a result of reconstruction. What is reconstruction? A fairly detailed definition of this concept is given by the Town Planning Code (hereinafter referred to as the RF Civil Code).

We quote the document

Reconstruction of capital construction objects (except for linear objects) - changing the parameters of a capital construction object, its parts (height, number of floors, area, volume), including superstructure, reconstruction, expansion of a capital construction object, as well as replacement and (or) restoration load-bearing building structures of a capital construction project, with the exception of replacing individual elements of such structures with similar or other elements that improve the performance of such structures and (or) restoration of these elements (clause 14 of article 1 of the Civil Code of the Russian Federation).

As can be seen from the definition, reconstruction can lead to at least two independent consequences - the emergence of a new object (in cases where the parameters of the object, such as area, change) or the preservation of the old one, but with improved content (for example, new load-bearing structures). It turns out that the Town Planning Code covers actions that differ in their purpose under one term. As a result, the question arises: does any unauthorized reconstruction require judicial legalization? The answer is in the joint resolution of the plenums of the All-Russian Socialist Republic of Russia and VAS RFot 29.04.10 No. 10/22 “On some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights” (hereinafter referred to as Resolution No. 10/22). The rules on unauthorized construction (Article 222 of the Civil Code of the Russian Federation) apply only to such unauthorized reconstruction, which led to the emergence of a new object (clause 28 of Resolution No. 10/22). In other words, it is possible to legalize an unauthorized reconstructed object by filing a claim for recognition of ownership of it (clause 3 of Article 222 of the Civil Code of the Russian Federation) only if a new property has appeared.

In one of the cases, the owner completely replaced the load-bearing structural elements of the building (walls, ceilings), without changing its spatial parameters. The courts, however, considered the reconstructed object to be new (resolution of the Federal Antimonopoly Service of the Ural District dated August 26, 2013, section No. A76-19737/2012).

In which cases a new object has appeared, the courts decide differently. It would seem that from the definition of reconstruction it follows that a new object appears if the spatial characteristics of the object change - the number of floors and area increase. But this approach does not always work.

As a rule, the courts do not separately examine the question of whether a new object has arisen, applying the rules of Article 222 of the Civil Code to those objects that have changed their parameters (resolution of the Federal Antimonopoly Service of the Central District dated June 19, 2014, section No. A08-4928/2013, Volga District dated 20 .06.14 section No. A57-23799/2012). However, even a change in the number of storeys or area and other spatial characteristics, oddly enough, according to the courts, does not always indicate that a new object has arisen (resolution of the Federal Antimonopoly Service of the Moscow District dated July 28, 2014, section No. A40-167327/12, Northwestern District dated 31. 07.12 section No. A26-2131/2011).

This approach of the courts, when they do not regard the result of the reconstruction as a new object, in a situation where the company filed a claim to legalize the reconstruction, will lead to the refusal of the claim. But this is not a hopeless situation: then you can try to appeal in court the very refusal of the Rosreestr body to register certain rights to an object. But in cases where regulatory authorities bring a claim against the company that owns the property to recognize the reconstruction as an unauthorized construction and demolish it, this approach of the courts plays into the hands of the defendant. If he can prove that a new object has not arisen, although the spatial characteristics have changed, the claim will be denied. Construction and technical expertise usually helps to bring the court to the conclusion that no new facility has arisen.

Nota bene!

If the government authority requests the demolition of unauthorized reconstructed real estate, the owner may refer to the expiration of the statute of limitations. The period begins to run from the moment violations are detected, for example, from the moment of state registration of such an object (resolution of the Arbitration Court of the Moscow District dated 09.24.14, section No. A40-47085/13, FAS Volga District, dated 06.20.14, section No. A57-23799/2012), carrying out an inspection (resolution of the FAS Moscow District dated November 26, 2013 under section No. A40-130988/12) or technical inventory (resolution of the Federal Antimonopoly Service of the North-Western District dated January 15, 2013 under section No. A56-8974/2010). But the statute of limitations does not apply to the requirement to demolish an object that poses a threat to the life and health of citizens.

A building permit is not required for every renovation. Cases when obtaining a building permit (the same document is issued for reconstruction) is not required are indicated in Part 17 of Article 51 of the Town Planning Code. The list of cases is not exhaustive - the code itself or other laws may establish other exceptions. Thus, permission will not be required when carrying out major repairs or reconstruction of structures that are not capital construction projects (for example, kiosks, sheds).

Also, a permit is not required for the construction and reconstruction of buildings and structures for auxiliary use. What such an object is is not specified in the Town Planning Code. As a rule, the courts consider that a building is auxiliary if, in relation to the main object, it performs a service role and such an object cannot be used independently (decrees of the Federal Antimonopoly Service of the Volga-Vyatka District dated March 11, 2014 in case No. A79-3241/2013, West Siberian District dated 10.25.12 in case No. A03-1337/2012, Seventeenth Arbitration Court of Appeal dated 07.18.14 in case No. A50-478/2014). For example, a checkpoint (resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated November 6, 2013 in case No. A43-3438/2013), fences and fences (resolution of the Federal Antimonopoly Service of the West Siberian District dated August 16, 2013 in case No. A45-22590/2012). If such an object is part of the main object (for example, an extension), then there is a risk that the court will not recognize such an object as auxiliary (resolution of the Arbitration Court of the Volga District dated October 28, 2014 in case No. A12-1150/2014), but will consider that the original object changed its area. As a result, due to such an extension, the entire facility may be recognized as an unauthorized construction.*

Conditions for legalization of unauthorized reconstructed real estate

If, as a result of reconstruction carried out without mandatory permission, a new object appears, then the owner must take care of legalizing the property. It is better to do this before the authorities go to court. They have the right to demand the demolition of such a building. True, provided that the property cannot be returned to its original condition (paragraph 2, paragraph 28 of resolution No. 10/22).

In order to legalize an unauthorized reconstructed property, the owner must apply to the court to request recognition of ownership of the new property. And in this case, the procedure will be no different from the legalization of unauthorized construction. The court has the right to satisfy this requirement, but only if several conditions are met.

The first condition: the plaintiff is the title owner of the land plot. Only the owner of the land plot on which the building is located, or another title owner - the one to whom the plot belongs by the right of lifelong inheritable ownership or permanent (indefinite) use (paragraph 2, clause 3, article 222 of the Civil Code of the Russian Federation) can legalize unauthorized reconstructed real estate. But in most cases, tenants were denied the legalization of unauthorized buildings (resolutions of the Federal Antimonopoly Service of the West Siberian District dated 05.16.14 under section No. A67-4639/2013, of the Moscow District dated 02.11.14 under section No. A40-164308/12, Volga-Vyatka District dated 02.17.12 under No. A82-3786/2011).

However, this year the Supreme Court agreed to recognize the right of ownership of an unauthorized construction (in this case, construction, not reconstruction, was carried out without permission) to a citizen - a tenant of a land plot (a review of judicial practice in cases related to unauthorized construction, approved by the Presidium of the Supreme Court on 03.19.14 ). True, there was one essential condition in this dispute - the site was initially provided for construction. It follows from this that if the site was provided for other purposes, then it is impossible to legitimize the unauthorized construction (as well as unauthorized reconstruction). The Judicial Collegium for Economic Disputes of the Supreme Court also came to this conclusion this year, reviewing the case in the second cassation procedure. The board, citing the said review, refused to recognize the ownership of the unauthorized construction, noting that the site was provided not for construction, but for the operation of real estate (Supreme Court ruling dated September 25, 2014, case No. A65-6880/2013). Taking into account the merger of the highest courts, it is likely that this approach will also take hold in the arbitration courts.

The plaintiff should provide an expert opinion or request an examination, since it is he who must prove that the reconstructed property is safe and can be legalized (resolution of the Federal Antimonopoly Service of the North Caucasus District dated October 31, 2013, section No. A20-4521/2012).

The second condition: the construction does not threaten life and health, and also does not violate the rights of third parties. Another mandatory condition for legalization is that real estate after unauthorized reconstruction does not threaten life and health, and also does not violate the rights of third parties (paragraph 3, paragraph 3, art. 222 Civil Code of the Russian Federation). Moreover, the courts also examine whether urban planning and building codes and regulations were violated during reconstruction (clause 26 of resolution No. 10/22). Compliance with this condition can only be confirmed by construction and technical expertise.

The legislation does not specify in what cases a building violates someone’s rights. The courts believe that such a violation occurs, for example, if the common property in an apartment building was reconstructed. In this case, the rights of all residents who, by law, are co-owners of common property are violated (resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated March 20, 2014, section No. A43-10145/2013). It may be like this: after reconstruction, the object crossed the border of a neighboring land plot. The courts believe that such reconstruction violates the rights of the owner of this site (resolution of the Federal Antimonopoly Service of the Far Eastern District dated April 20, 2012, section No. A73-7405/2011). In another case, real estate after reconstruction created obstacles to the maintenance and repair of a power transmission line (resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated May 29, 2014, section No. A43-20744/2013).

It must be taken into account that the Supreme Court thinks differently. In his opinion, the court cannot refuse legalization just because the owner violated the procedure for obtaining permission, otherwise the court decision will be based on a formal approach (Decision of the Supreme Court dated July 8, 2014 No. 19-KG14-6). True, the RF Armed Forces have so far expressed this position only in relation to citizens. There are no examples yet of such an approach being demonstrated by the Collegium of the RF Supreme Court for Economic Disputes.

The third condition: the plaintiff took measures to extrajudicially legalize the reconstructed building. On the one hand, the lack of documents for reconstruction does not serve as an insurmountable obstacle to the legalization of the building. On the other hand, the plaintiff must prove that he took measures to obtain these documents. In other words, he did everything to legalize the construction without trial. This is precisely the position enshrined in paragraph 26 of resolution No. 10/22. At the same time, the Presidium of the Supreme Arbitration Court of the Russian Federation clarified that legalization is impossible if a person had the opportunity to obtain permission, but did nothing for this. For example, it did not submit the necessary documents for this (clause 9 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 09.12.10 No. 143 “Review of judicial practice on certain issues of the application by arbitration courts of Article 222 of the Civil Code of the Russian Federation”). Judicial practice treats compliance with this condition differently. However, despite different approaches, arbitration courts in any case refuse legalization if the plaintiff has not taken any measures at all for legalization.

Following the above explanations from Resolution No. 10/22, arbitration courts sometimes believe that just a formal application to the authorities for permission is not enough for subsequent judicial legalization (resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated January 27, 2014, section No. A28-7411/2012, dated 08.08.13 section No. A11-6876/2012). The owner should take measures for extrajudicial legalization either before the start or during the reconstruction, but not after its completion (resolution of the Arbitration Court of the East Siberian District dated 08.26.14, section No. A33-4490/2013, FAS of the Ural District dated 05.19.14, section No. A07 -11902/2013, Volga District dated 06.20.14 under section No. A57-23799/2012, West Siberian District dated 02.26.14 under section No. A45-14164/2013, Volga-Vyatka District dated 08.08.13 under section No. A43-26439/2012). Moreover, the plaintiff also needs to justify the obstacles to obtaining permission (resolutions of the Federal Antimonopoly Service of the Volga Region dated December 17, 2012 under section No. A55-2211/2012, and of the West Siberian District dated May 18, 2012 under section No. A45-17474/2011). For example, prove that the refusal to issue a permit was illegal (resolution of the Federal Antimonopoly Service of the North Caucasus District dated March 14, 2014, section No. A53-19574/2013).

Nota bene!

If the object was erected and reconstructed before January 1, 1995, it cannot be considered an unauthorized construction. This position was taken by the Presidium of the Supreme Arbitration Court of the Russian Federation in resolution dated January 24, 2012 No. 12048/11. Moreover, this applies only to buildings, structures and non-residential structures.

In another case, the courts, on the contrary, believe that it is enough for the plaintiff to at least formally apply for permission for reconstruction. Authorities refuse to issue a permit, as a rule, due to the fact that the property owner has not submitted all the necessary documents (Part 7, Article 51 of the Civil Code of the Russian Federation). At the same time, the reasons for the refusal to issue documentation - whether the refusal was legal - are not examined by the courts alone (resolutions of the Federal Antimonopoly Service of the East Siberian District dated 10.10.13, section No. A33-12382/2012, Far Eastern District dated 08.29.13, section No. A51-26506/2012, Moscow District from 01.08.13 to section No. A41-23501/11, East Siberian District from 23.05.13 to section No. A33-3378/2012). And according to other courts, a person did not take appropriate measures if he did not receive permission due to the fact that he did not submit all the necessary documents to the government agency (resolution of the Federal Antimonopoly Service of the East Siberian District dated March 26, 2013, section No. A74-3683/2012).

Unauthorized reconstruction can also be legalized administratively

To begin with, it is better for the owner to use the administrative procedure for legalizing the reconstruction. First of all, he needs to make changes to the cadastral passport (Clause 3, Article 20 of the Federal Law dated July 24, 2007 No. 221-FZ “State Real Estate Cadastre”). After this, you should contact the registration authority and use the simplified registration procedure (Article 25.3 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”). However, Rosreestr often refuses such registration, especially when the parameters of the object have changed. In this case, the owner remains to challenge the refusal in court, citing the fact that permission for reconstruction was not required (clause 4 of article 17 of the Civil Code, clause 2 of article 3 of the Federal Law of November 17, 1995 No. 169-FZ “On Architectural Activities In Russian federation"). Another option is to go to court with a request to recognize the ownership of such real estate in accordance with Article 222 of the Civil Code.”

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