Documents for transferring an apartment to a non-residential premises. Transfer of residential premises to non-residential in an apartment building: step-by-step instructions

Last updated February 2019

The first thing you should know about is housing cannot be used for commercial activities ... If you decide to organize a small business and use the area of ​​your living space as a launching pad, then you need to remove the object from the housing stock, that is, to officially make it non-residential.

Where to start?

First of all, prepare documents for re-registration of the premises:

• documents of title (certificates, contracts, court decisions). Their copies must be certified by a notary.
• technical passport. It is issued by the BTI.
• plan of all floors of the house. You will also receive the plan at the BTI.
• reconstruction project. It will be required if in the future reconstruction or redevelopment will be necessary for the use of non-residential premises. It is better to entrust the preparation of the project to an organization that has a license for design activities (and is a member of the SRO of designers).
• if there are several apartment owners, then it is necessary notarial consent all other owners to transfer the apartment to commercial real estate, and entrusting the conduct of this procedure to one of the owners.
• a power of attorney from the owner, if another person will deal with the issue of translation by power of attorney.
• if the apartment does not belong to a citizen, but to a legal entity, then it is necessary constituent documents(copies must be notarized).

Let us conditionally distinguish three stages of the renewal procedure

STAGE 1

Having in hand a basic package of documents, you should submit the documents to the administration or to the multifunctional center. You submit an application (the form will be provided to you on the spot) and attach the documents listed above to it. Claim additional documents at this stage it is illegal.

Within a month and a half, at the request, a decision will be made to transfer the living quarters, or to refuse the transfer ( possible reasons a negative answer will be considered below). Having in hand the decision to transfer, the premises can be used as non-residential, but only if there is no need for reconstruction or redevelopment.

When registering a dwelling into a non-residential one, there is a number of features:

• Accommodation location on the ground floor. It is allowed to re-register apartments located on the second or third floors, provided that only non-residential premises will be located directly under this living space. So, you can easily place your office on the second floor of a house if there is a grocery store on the first floor.
• Only part or share cannot be transferred to non-residential residential apartment. For example, you cannot change the status of one of the rooms in an apartment.
• Separate entrance required, or the technical ability to make independent access in the future. For example, the presence of windows in the apartment overlooking the courtyard makes it possible to equip the entrance from the courtyard. If the room is more than 100 m2, then there must be an emergency exit.
• The premises should not be subject to arrests and other encumbrances... So, if you decide to withdraw the apartment, which you purchased with a mortgage, from the housing stock, you will not be allowed to do this, since the apartment will be the subject of a pledge at the bank. You will have to postpone your plans until the full repayment of the mortgage and the termination of the mortgage on the apartment.
• The house is not emergency, does not require overhaul, reconstruction or demolition. A room in a building of cultural and historical value is more difficult to redesign. You will need to get approval from the Committee for the Protection of Cultural and Historical Monuments.
• You will need to check out all tenants from this room in advance. Some difficulties may arise here, for example, obtaining approval for discharge from the guardianship and guardianship authorities when the co-owner of the apartment is a minor.
• The presence of illegal redevelopment in the apartment... It will be necessary to take care of its registration in advance.

In addition, problems may arise when transferring residential premises to non-residential in the event of:

• If the house in which the premises are transferred is an object of cultural and historical heritage.
• If the house is registered with the headquarters for civil defense and emergency situations... In this case, the cost of the object will increase during expert verification.
• If the premises not connected to the main utilities.
• The intended purpose of the planned non-residential premises does not correspond to the permissible zoning norms (restrictions in residential areas according to urban planning legislation).

The decision on the transfer of housing is made by an interdepartmental commission specially created for each municipality. To make a decision on an application, the commission can send interdepartmental requests to: the FMS, the housing department, the Rosreestr, Rospotrebnadzor, Fire Supervision, etc. The decision will not be made until a response comes from these organizations. Therefore, in order to save time, as well as to avoid rejection due to any mistake, it is recommended to submit additional documents along with the main package of documents:

• Conclusion of the Ministry of Emergency Situations on the conformity of the apartmentfire regulations.
• Rosportebnadzor's conclusion on the compliance of the premises with sanitary and epidemiological standards.
• Help from the housing department ( management company) on the appointment of other adjacent apartments located on the same staircase with yours.
• A technical conclusion that the house is not in an emergency condition (also taken from the housing department, HOA, management organization).
• Extract from the decision of the general meeting of owners apartment building that they are not against the transfer of the apartment to non-residential premises.
• Certificate of registered persons ().
• Conclusion of the body for the protection of monuments of architecture, history and culture on the possibility of redevelopment of cultural heritage sites.

Why did you receive a refusal to transfer the premises to non-residential?

The main reasons for refusal are:

• providing not all provided by law documents
• the redevelopment project is contrary to the law, as well as construction, sanitary, fire, environmental and other standards
• there is no consent of all residents of the house, or the transfer was not approved by the general meeting of homeowners
• the premise does not meet the criteria for assigning it the status of non-residential

Consent of neighbors and owners

Let us dwell in more detail on the point about obtaining approval from neighbors, because often it is the inability to obtain the consent of homeowners for a long time slows down the whole process, or even makes the task impossible.

In Art. 23 of the Housing Code of the Russian Federation indicates the grounds for refusing to issue a permit. And the lack of consent of the tenants of the house (apartment owners) does not apply to such grounds. It is important to understand that the consent of the homeowners is not always required.

However, the lack of consent of the owners is one of the most common reasons why the authorities do not allow the re-registration of a dwelling. Why is this happening?

Apartment house

When in apartment building reconstruction is planned, it is mandatory general meeting owners. Decisions are taken by majority vote or unanimously. If changes to the layout or design concern common property, for example, if, as a result of reconstruction, a part of the staircase or basement joins the premises, it will be required unanimous decision. If the common property does not change, the usual majority of owners in an apartment building is sufficient.

The procedure for obtaining the consent of the owners of an apartment building is as follows:

• In the housing department (HOA, management company), you must apply in writing with the question of holding a vote on the transfer of an apartment to commercial real estate.
• Voting is carried out at the next general meeting with the inclusion of the required issue in the agenda, and if such a meeting is not soon, an extraordinary general meeting is initiated.
• The meeting is competent to make decisions if there is 50% of the total number of owners (quorum).

All procedural issues are dealt with by the housing department. The interested owner receives an extract from the decision of the general meeting of home owners.

Even if the owners have given their consent, it is desirable to obtain consent personally, bypassing all the neighbors (at least the surrounding entrances), talk to everyone, convince them that this will not interfere with them. If there is an ardent opponent among the owners, it is advisable to settle this conflict before contacting the Office of Roseestra. If such an adversary lodges a complaint, the transfer will be refused. In such cases, it is more expedient to find a compromise with such an owner, to offer him any compensation.

Land plot under a residential building

Issues related to the use of a land plot under a residential building are resolved in a similar way.

• If land plot is the property of the residents, then consent is only necessary from the tenants, since only the owner of the non-residential premises will use a part of the land plot (located under the stairs for a separate entrance / exit), that is, the shared property of tenants will decrease.
• If the land under the house belongs to the municipality, then consent must be obtained from the local administration.

Don't agree with the refusal? Try to appeal it in court

The practice of courts in such cases is interesting.

Example 1:

The citizen submitted to the district administration of the city of Novorossiysk an application with the necessary documents to transfer his apartment to a non-residential fund. The head of the city of Novorossiysk issued a resolution on the transfer, as well as the need to carry out work on the project. It was planned to open a photo shop in the redesigned premises. According to the reconstruction project, it was required to disassemble part of the non-bearing structures inside the apartment, to make a separate entrance in place of the window, which would entail a change in the mode of using the plot under the house.

Dissatisfied tenants went to court, opposing the transfer of the citizen's apartment and against the reconstruction of the premises. In the given example, the court refused to the tenants of the house.

The Supreme Court of Russia (Determination of 13.01.2010 No. 80-B09-26) expressed the following position:

• it is not necessary to obtain the consent of all owners for translation. It is necessary if, as a result of a change in the layout or other structural changes, a part of the common property will be attached to the residential premises.
• the court noted that the plot under the house should be formed and put on the cadastral register. Under these conditions, the site will belong to common shared ownership.

A similar position was expressed by the Supreme arbitration court RF (Definition No. VAS-6892/11 dated 10.06.2011, No. VAS-6266/10 dated 31.05.2010, No. VAS-7494/13 dated 18.06.2013).

Example 2:

The citizen decided to open a video rental on the first floor of a five-story residential building. In place of the window there will be a separate entrance with a small vestibule and a porch. Since the vestibule and the porch will occupy part of the site, which is common property owners, then the citizen will first need to organize a general meeting and obtain the consent of all the owners of the premises.

STEP 2

A positive decision of the interdepartmental commission is formalized by a resolution of the local administration. A notification is sent to the owner of the permission to transfer the apartment (residential building) to non-residential premises. In this case, two situations arise:

• when redevelopment is required
• no redevelopment needed

If redevelopment is required, the following situations may occur to transfer an apartment to a non-residential premises:

• reconstruction required with special permission
• redevelopment does not require permission for reconstruction (usually this applies to private residential buildings where the completion of individual stairs, the construction of emergency exits, etc. is not required.)

In any case, such information is indicated in the notification and the owner will know how to proceed.

When changing the status of a dwelling, carrying out work on reorganization, reconstruction, it is necessary to take into account:

• construction - coordination with the Agency for Architecture and Urban Planning
• fire-fighting- with the State Fire Service
• sanitary - with the Sanitary and Epidemiological Service
• environmental standards- With The State Committee on environmental protection
• do not forget about the rights of neighbors

Example: You will not be able to locate a bathhouse or a laundry room, a public toilet or a dry-cleaner in a residential building (only the placement of a reception center is allowed), as well as a number of other objects listed in SNIPs.

You will need to coordinate your actions with the Agency for Architecture and Urban Development, the State Fire Service, the Sanitary and Epidemiological Service and other regulatory authorities.

After carrying out all the work on the project, invite the acceptance committee created by the local government. She will accept the work and draw up an act. With this document, you can already use the premises as non-residential.

In addition, depending on the individual case, you will need to coordinate with other authorities. The designer must notify the need for this, who carries out these agreements with:

• committee of municipal improvement
• gardening management (green economy)
• Traffic police
• service of underground structures
• enterprises and communication institutions, power supply organizations, etc.

STAGE 3

The end point of the entire re-registration procedure will be the registration of the right to non-residential premises with the Rosreestr Office.

For this it is necessary to submit to Rosreestr:

• owner's passport and photocopy. If the owner - entity, then the constituent documents with their copies.
• a notarized power of attorney and its copy (if any).
• certificate of ownership of the premises and the contract on the basis of which the property arose.
• acceptance commission act and its copy.
• cadastral passport premises.
• paid receipt (state duty).

Wherein acceptance committee independently sends the acceptance certificate to cadastral chamber, where the corresponding changes are made in the state cadastre.

As we can see, the re-registration of a dwelling into a non-residential one is not a difficult task, but a painstaking one. All events can take from several months to a year.

For reference: Social housing located in a municipal or state property not subject to translation by employers. Commercial activity is understood as the organization of production, trade, provision of services, etc., but according to Art. 17 LCD RF residential apartment, the house can be used to organize an office, a place for storing accounting documents.

If you have any questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article, if there is a detailed answer to such a question, then your question will not be published.

Desire to turn residential square meters in non-residential may be due to various reasons.

Among them: the market itself, dictating inflated prices for trade and office space, and the desire of people to sell more expensive housing on the lower floors, and the desire of entrepreneurs to open a new business, using the most economical options for its arrangement.

The path of the initiators of the process is not as cloudless as we would like, but if you follow the letter of the law, then the idea may well be implemented.

What are the limitations: overcoming the obstacle course

The state of the object can become a significant obstacle to changing the status of a room. Dilapidation and accidents are guaranteed to exclude this possibility, but that's not all.

The specifics of the future business may become a problem. It does not matter in what area the object is located, it is surrounded by expensive houses or ordinary panel high-rise buildings, residents will always be against fire-hazardous neighborhoods, entertainment establishments, funeral homes, fish shops, public toilets and other objects that bring dissonance to their measured life.

How to choose a suitable object

Location (only lower floors of residential buildings);

Separate entrance (for isolation from the general - the driveway);

The living space is a solid block (not part of a regular or communal apartment);

Lack of registered residents and encumbrances of the right to own property (rent or mortgage);

Compliance with the principle of number of storeys (location on the 2nd floor and above is possible subject to the withdrawal of the premises of the first floor of the housing stock).

Each of these points must be observed, otherwise it is legally impossible to open a second-hand, hairdresser, bakery or any other retail facility in a residential apartment (Article 24 of the RF LC).

Transfer of premises from residential to non-residential

Stages of transferring an apartment to a non-residential fund

Stage 1. Collection of documentation by the owner or his authorized representative. At this step, you should also pay special attention to the presence of redevelopments. If there are any, then they should be legalized ahead of time. Remember low price on an object - not yet a reason to bet on it! Only a thorough check of the apartment will help to avoid obstacles and get the desired result.

Stage 2. A properly completed package of documents must be submitted for consideration by the interdepartmental commission of the Property Management Department. Only this authority has the right to authorize the transfer of an apartment to a non-residential fund. The reason for this will be a statement of the established form with the specified reason for changing the category of premises.

Transfer of premises from residential to non-residential. Legal advice

Stage 3. The process is completed by the registration of property rights to real estate, which is carried out at the Office of the Federal Registration Service of the Russian Federation (FRS RF) or in multifunctional regional centers (MFC) if there is a mandatory package of documents. An employee of the institution who has accepted the originals or copies of the documentation must issue a receipt. It indicates the date of issue of the certificate of ownership.

Documents required to transfer an apartment to a non-residential fund

This will help the collection of documentation for the interdepartmental commission on the use of the housing stock. The list is extensive and will require a significant investment of time to collect all the papers. In addition to the statement with the reasoning behind the translation, it includes:

Technical passport of BTI with a floor plan and explication;

Certificate of ownership;

Extract from the house register, confirming the absence of other claimants for property rights;

Technical examination of the DEZ or the organization responsible for the management and operation of the building and a certificate of the appointment of neighboring premises;

The conclusion of the State Fire Inspection (State Fire Supervision) on the compliance of the premises with fire standards;

Act of the State Sanitary and Epidemiological Surveillance on the compliance of the premises with sanitary standards;

Constituent documents of the company / organization (for legal entities).

Measures accompanying a change in the status of a premises imply an appeal to the Privatization and Management Commission housing stock in order to calculate the cost of the procedure. At this step, in addition to the passport, you will need to certify the ownership of the apartment and present a copy of the protocol extract with the decision of the interdepartmental commission, as well as a certificate from the BTI indicating the cost of the premises before and after the change of status.

The following is the procedure for registering ownership of non-residential premises. The main package includes: an application, documents confirming ownership, a receipt for the repayment of state duty and a folder from the BTI with information about the object. Clarify complete list the required documents can be obtained from the title organization.

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If the owner has a property that is not used for his own residence, then, as a rule, for the sake of obtaining additional income such real estate can be rented out. However, if the apartment is on the ground floor, then much more interesting and profitable prospects open up for the owner. For example, the owner can transfer it to a non-residential fund and already rent out such a property for office or a store. And even taking into account the high cost of translation, it should be borne in mind that the payback of commercial real estate is about three times higher than that of residential real estate.

What do you need to transfer to a non-residential fund?

First of all, in order to transfer an ordinary apartment to a non-residential fund, it is necessary that following conditions: it should be possible to organize a separate entrance, obtain a fire certificate and a sanitary and epidemiological conclusion.

I will add that the transfer of premises to non-residential is not allowed if access to this premises is impossible without using the premises that remain in the housing stock (). This means that the property being transferred must be completely isolated from all living quarters. In addition, it is not allowed to organize the entrance to the future non-residential premises through a common entrance; either a window or a part of the wall facing the street can be converted into the entrance.

From the same article, we see that an apartment being transferred to a non-residential fund should not be used by anyone as a place. permanent residence and under no circumstances should any encumbrances be registered, such as seizure, mortgage, bail or commercial lease.

The procedure itself for transferring an apartment to a non-residential fund is rather difficult and does not always end successfully.

It is currently quite difficult to transfer an apartment to a non-residential fund in practice, despite the fact that the law requires the provision of a minimum set of documents. Therefore, when purchasing an apartment for transfer to a non-residential fund, you need to understand that there is always a risk of refusal. If the transfer of an apartment to a non-residential fund is entrusted to specialists, then the turnkey service will cost at least 300-400 thousand rubles, taking into account the average prices in the country. Turning to specialists, the owner can be sure that all the necessary documents will be collected, the correctness of their preparation and filling will also not have any complaints. Specialists independently, on the basis of a power of attorney, submit all documents, and in case of refusal of government agencies to transfer, they will judicial procedure appeal against such a refusal.

But, unfortunately, even contacting specialists cannot always guarantee a positive result, since the translation process depends on many factors, including human, which is unpredictable.

Step-by-step instruction

To transfer to a non-residential fund, you will need to contact a fairly a large number of various instances in order to collect a large package of documents, which will subsequently be submitted to the Property Management Department, where an interdepartmental commission will decide the issue of allowing the transfer of residential premises to non-residential premises.

First of all, you need to get an explication and an extract from the cadastral documents at the BTI ( floor plan). To order these documents, you will need documents confirming the identity of the applicant, documents of title to the object, as well as the BTI of some regions asks to provide documents on the basis of which the ownership right arose (sale and purchase agreement / gift / certificate of the right to inheritance).

After that, it is necessary to invite a licensed architect who will draw up a project and a sketch of the conversion of a living space into a non-residential one.

The received documents (explication, extract from the cadastre, project and sketch of the refurbishment, applicant's passport and title document) must be sent to the regional department of architecture, where the owner will be issued an approval certificate, which is necessary for registration of the redevelopment preceding the transfer of the premises to the non-residential fund.

The need for approval of this act is stipulated in the Administrative Regulations for the provision of municipal services "Reception of applications and issuance of documents on approval of the reconstruction and (or) redevelopment of living quarters" issued by the administrations of the constituent entities of the Russian Federation.

The finished act must be signed at the SES station, fire brigade, organizations that provide energy resources, in communal systems, as well as the district administration.

In addition to these documents, it will also be necessary to order in the BTI technical certificate premises with a technical plan.

In the management company, or other body, depending on the method of management of the apartment building, a certificate from the DEZ is taken, which contains information about the purpose of other premises located on the same floor with the apartment, which is being transferred to the non-residential fund.

It is also necessary to obtain a technical conclusion there, which indicates the technical condition of the entire building, and also reflects that the building is not in an emergency condition and is not intended for demolition.

An important point collecting documents for transfer to a non-residential fund is obtaining consent from the owners of apartments located in the same building as the transferred premises. Sometimes it is at this stage that the main difficulties arise. Much depends on the area where the apartment is located.

The most difficult thing in translation is to comply with the legality of project approval related to the equipment of a separate entrance. Legislation in mandatory presupposes the consent of the co-owners of a residential building to the equipment of such an entrance ().

This is quite difficult to achieve. Usually, in any residential building there is such a neighbor who will require the fulfillment of deliberately impracticable conditions to give consent to a separate entrance.

However, there is an opportunity to simplify your task a little. To obtain such consent, it is enough to organize a regular or extraordinary meeting of homeowners and put on the agenda the issue of transferring a specific premises from the housing stock to non-residential.

A meeting is lawful if at least 50% of homeowners are present at it, and the decision is adopted, if approved by at least 2/3 of the number of owners who attended the meeting (,).

If consent is nevertheless obtained, it is possible to re-equip the dwelling by redeveloping it.

Examples of court decisions challenging the refusal to transfer can be found in " Encyclopedias of solutions. Transfer of residential premises to non-residential "Internet version of the GARANT system. Get a full
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The list of the above documents is rather advisory in nature, and is often not regulated by any regulatory legal acts... Despite this, regardless of whether you are translating the premises yourself or with the help of specialists, we strongly recommend that you collect a complete package of the documents below. Subsequently, this will help you save time, effort and nerves, since government agencies ask for these documents for their "safety net", and if they are not provided, they "suck out of the finger" the reason for refusing to redevelop.

Upon completion of the refurbishment, the housing commission must be invited for inspection in accordance with.

After collecting all of the above documents and redeveloping the premises, you must contact the Property Management Department to obtain permission to transfer, and in the application you must indicate the reason for the transfer of real estate from residential to non-residential. Documents confirming the identity of the applicant are attached to the application, all collected documents, documents of title, as well as constituent documents, if the owner is a legal entity.

Within 45 days, the commission is obliged to consider the submitted application and notify the applicant of its decision. If the interdepartmental commission under the Property Management Department refused without giving a reason, then such a refusal is considered unmotivated and can be appealed in court. The activities and terms of consideration are regulated by local government regulations.

The most popular reasons for refusal are an incomplete package of documents provided by the applicant, it may be missing a number of required documents, as well as non-compliance with the conditions for preparing the premises for translation.

If the Department refuses to transfer, the applicant, considering the refusal to be unreasonable, may appeal the refusal in court. If the refusal is justified, the applicant has the right to correct the existing comments and apply for translation again. Correction attempts are unlimited.

Everything! The consent of the Property Management Department has been received and you can proceed to one of the final stages of transferring the premises.

To do this, you need to contact the BTI again and submit an application there to determine the cost of the translation. In addition to the documents collected earlier, this application must be accompanied by the protocol of the interdepartmental commission received at the JUI.

Upon the submitted application, a commission of the Privatization and Housing Management Department will be assembled, which will decide on the cost of the transfer and draw up an appropriate protocol.

This is all done with one single purpose - to determine the difference in the cost of residential premises and newly formed non-residential premises. And in most cases, the cost of a new non-residential premises exceeds the cost of a residential one. This is due to the fact that, when calculating this difference, the privatization commission takes into account a huge number of parameters, starting with the condition of the house and its territorial location, and ending with its estimates of potential commercial use. An important role is played by the purpose of the translated premises.

After receiving the cost protocol, the applicant will only have to pay the difference in cost at any bank.

The last stage is the submission of documents to the Rosreestr Office. The applicant must provide an application, an identity document, protocols of the DUI and BTI, the cadastral passport of the premises, as well as a receipt for payment of the state duty.

It remains to receive ready-made documents from the registering authority on the appointed day. Registration of changes is carried out within 10 days from the date of submission of documents. This information on the timing is presented on the Rosreestr website in the public domain.

In the case of carrying out entrepreneurial activity in a residential building without transferring it to a non-residential fund, liability is possible under the current legislation. The Housing Inspectorate can fine the owner of the premises for violations of the procedure for transferring the premises to non-residential premises (,).

In addition, neighbors or any interested persons have the right to judicially obtain the sale of residential premises at a public auction in the event that the owner violates the rules for the use and operation of the premises. Perhaps this is only after their written appeal to the local administration, which issues a written order to eliminate violations of use (,).

This vital issue worries everyone who wants to open their business in a “brisk” place, that is, on the first floor of a residential building. Also, the transfer of residential premises to non-residential premises may be of interest to an enterprising owner who wished to sell or lease his object at a higher price - already as commercial real estate.

As a rule, this problem does not apply to new buildings - the first floors, which are being built for commercial real estate, have the status of non-residential premises automatically. The situation is different in the case of the "Khrushchevs" or any other old fund. For them, the first thing that needs to be established is whether it is possible to transfer a specific premises from residential to non-residential in principle, because the legislation imposes certain restrictions on some objects. According to the Housing Code of the Russian Federation, it is impossible to transfer residential premises to non-residential ones:

1. If the premises to be transferred are part of a dwelling. That is, you cannot transfer a room in an apartment to a non-residential premises.
2. If the premises are used by someone as a place of permanent residence.
3. If the ownership of the transferred premises is encumbered with the rights of third parties.
4. If the premises are under arrest, on bail, judgment or there is a legal battle.
5. If the building in which the premises is located is subject to demolition, is recognized as emergency, requires major repairs or belongs to the category of cultural heritage.
6. If the premises have undergone illegal redevelopment.
7. If access to the transferred premises is impossible without the use of premises providing access to living quarters, or it is not technically possible to equip such access to this premises. In other words, you need a separate entrance from the street.
8. If the premises are located in an apartment building above the first floor, and a residential apartment is located directly under the premises.

From the last point, a simple conclusion follows that if there is a non-residential premises (shop, warehouse, etc.) under your apartment, then your property can be transferred to non-residential premises, even if it is on the 2nd floor. However, in this case, difficulties arise with a separate entrance, which is somewhat more difficult to organize for the second floor than for the first.

After we are convinced of the fundamental possibility of transferring the premises from residential to non-residential, it's time to start collecting documents. Their list is relatively small.

Documents required for the transfer of residential premises to non-residential premises:

1. Application for the transfer of premises. Submitted to the authorized body of your city (this can be the Department of Housing and Public Utilities or Improvement). The application indicates the address of the premises, the reasons for the transfer and the intended purpose of the future non-residential property. You can pick up or download a sample application in the same authorized body.
2. The original or notarized copies of the certificate of ownership or other documents of title to the premises.
3. Technical passport of the premises. Issued at the local BTI.
4. Floor plan of the house in which the transferred room is located. Also issued by the BTI.
5. An extract from the book at home, which will indicate that no one is registered and does not live in the room.
6. Conclusions of the fire and sanitary and epidemiological supervision.
7. If redevelopment is required to ensure the use of non-residential premises, then it is necessary to provide its plan.

In addition to this, officials, unfortunately, may require other documents, which, in their opinion, are necessary for the transfer of residential premises to non-residential ones. This is due to the fact that local regions have the right to independently supplement the above federal list. mandatory documents... For example, if you open a store on the first floor of a residential building, then with a very high degree of probability the consent of the residents of this building will be required. Therefore, it is better to clarify the full list of documents with the authorized body, which will make the final decision. The law gives no more than 45 calendar days for its adoption.

So, step-by-step instructions for transferring residential premises to non-residential

1. We make sure that there are no obstacles to the transfer of residential premises to non-residential premises;
2. We consult with the authorized body on the list of required documents;
3. We collect and submit documents;
4. We are awaiting a decision.

How much is?

The cost of transferring premises from residential to non-residential depends on the need for redevelopment and the organization of a separate entrance, as well as the complexity of the rest of the work on the premises. In special organizations that take on all the hassle of registration and repair, the price tag starts at 200 thousand rubles. The state fee is 500 rubles for individuals and 7,500 rubles for legal entities.