Non-residential premises on the first floors of residential buildings. Business on the ground floor: how much do non-residential premises in new buildings cost

Introduction date 2003-07-01

FOREWORD

2. INTRODUCED by Moscow Architecture Committee, MNIITEP.

3. PREPARED for approval and publication by the Office of Advanced Design, Regulations and Coordination design work Moscow architecture committee.

4. AGREED by Department consumer market and services, the Department for Support and Development of Small Business, the Department housing stock and housing policy, UGPS of Moscow of the Ministry of Emergency Situations of Russia, TsGSEN of Moscow, Moscow State Expertise.

5. ADOPTED AND INTRODUCED from 01.07.2003 by Decree of the Government of Moscow No. 449-PP.

DESIGNED FOR THE FIRST TIME

3. GENERAL PROVISIONS

3. GENERAL PROVISIONS

1. Supplement clause 3.2 with a new paragraph as follows:

"The first floors in residential buildings (except for single-family and block-built residential buildings) should be provided, as a rule, as non-residential for the placement of social and public services, small businesses (taking into account Appendix 5 of MGSN 3.01-01), closed-type parking garages (taking into account requirements of MGSN 5.01-94 *), etc.

It is allowed to place on the first floors (taking into account the requirements of section 4 of MGSN 3.01-01): specialized apartments for the disabled and the elderly; apartments in residential buildings located in intra-quarter development."

SANITARY AND HYGIENE REQUIREMENTS

2. Clause 3.8

"The duration of insolation in apartments and single-family residential buildings should be taken in accordance with SanPiN 2.1.2.1002-00."

3. The first paragraph of clause 3.9 shall be stated as follows:

"Natural lighting should have living rooms, kitchens, entrance vestibules to buildings, stairwells and common corridors in corridor-type residential buildings and other premises in accordance with Table 1 MGSN 2.06-99, as well as premises public purpose in hostels, in specialized apartment buildings for the elderly and families with disabilities.

4. The first paragraph of clause 3.19 shall be stated as follows:

"When designing, constructing and reconstructing residential buildings, the average annual equivalent equilibrium volumetric activity of radon and thorium in the indoor air EEVA + 4.6 EEVA should not exceed 100 Bq / m, and the effective dose rate of gamma radiation - the dose rate in open areas by more than 0.2 µSv/h."

FIRE REQUIREMENTS

5. Paragraph 3.26 shall be stated as follows:

"The width and slope of the ramp marches should be taken in accordance with SNiP 35-01-2001."

NON-RESIDENTIAL FLOORS (ROOMS)

6. Paragraph 3.50 shall be stated as follows:

"Urban planning and technological requirements for the design assignment determine the presence of a basement floor and the number of non-residential above-ground floors of built-in and built-in residential buildings (including those being reconstructed or modernized) of public institutions.

The list of public institutions and their placement in residential buildings should be taken in accordance with Appendix 5.

Public institutions (except for those located in single-apartment and block-built residential buildings) should be separated from the residential part by fire partitions of the 1st type and fire ceilings of the 2nd type without openings in buildings of I and II degrees of fire resistance (in other cases - of the 3rd type) subject to compliance with the normative parameters of the air environment, noise and vibration in the residential part. These institutions (except for those listed in clause 3.53) must have entrances and emergency exits isolated from the residential part of the building, and be provided with the estimated number of parking spaces for employees and visitors in parking lots.

On the ground floor, according to the design assignment, it is allowed to design premises for working with the population and premises for looking after children (living in this house) with an area of ​​\u200b\u200bnot more than 50 m 2 with an entrance to it from an outside corridor.

As part of built-in (built-in-attached) health facilities in a residential building, it is allowed to place X-ray dental rooms (provided that the requirements of NRB-99 are met within them) with dental X-ray machines operating with highly sensitive image sensors (without photo labs) and dental machines with digital image processing with a working load no more than 40 mA min./week."

7. Paragraph 3.51 shall be stated as follows:

"In cottage development, in accordance with urban planning regulations, taking into account the needs for daily and periodic maintenance facilities according to MGSN 1.01-99, it is allowed to design the following non-residential premises built-in (built-in-attached) in the first, basement and basement floors of single-apartment and block-built residential buildings, as well as attached to them:

pharmacy kiosks; shops no more than 150 m of retail space according to the nomenclature of Appendix 5; catering establishments with no more than 20 places;

consumer services enterprises no more than 100 m2 of total area;

clubs and halls of computer games no more than 100 m; exhibition halls; creative workshops (artists, architects and sculptors, restoration) and folk crafts, taking into account clause 3.56 - no more than 80 m; museum-apartments; halls for sports, aerobics, choreography, rhythmic gymnastics, exercise therapy, wrestling and wrestling elements no more than 108 m; squash up to 65 m; billiard room no more than 2 tables; rooms for table tennis, checkers and chess no more than 72 m2;

design and survey and design bureaus, lawyer consulting, notary and law firms with no more than 10 employees.

Placement in the underground floor of the listed premises is allowed subject to the requirements of clause 3.52 and Appendix 5.

It is allowed to place small preschool institutions and walking groups of no more than 2 groups, on-duty daytime groups of short-term care and round-the-clock supervision on the ground floor of a single-apartment and blockaded residential building, while providing isolated playgrounds of the required capacity.

8. Paragraph 3.53 shall be stated as follows:

"On the last (including attic) floor of residential buildings with an upper floor height of 75.0 m inclusive, it is allowed to design workshops for artists and architects, while access to the staircase of the residential part of the building should be provided through a vestibule with fire doors, and in the rest cases in accordance with clause 1.38* of SNiP 2.08.01-89 *.

As part of the apartments, it is allowed to design additional premises - museum-apartments.

Delete note.

9. The first paragraph of clause 3.56 shall be stated as follows:

"It is not allowed to place built-in and built-in-attached in residential buildings (including single-apartment and block-built residential buildings): specialized stores of mosquito-chemical and other goods, the operation of which may lead to pollution of the territory and air of residential buildings; shops and other premises with the presence they contain explosive and flammable substances and materials (flammable and combustible liquids in aerosol packaging), as well as solid flammable materials; shops selling carpet products, auto parts, tires and motor oils; specialized fish stores; shops with a mode of operation after 23:00; in which flammable substances are used (except for hairdressers and watch repair shops with total area up to 300 m); baths and saunas (except for individual saunas in apartments and single-family houses); casino; discos; dance circles and studios; theaters; catering and leisure enterprises with more than 50 seats and a total area of ​​​​more than 250 m with a mode of operation after 23 hours and with musical accompaniment - restaurants, bars, cafes, canteens, snack bars, as well as clubs; laundries and dry cleaners (except for collection points and self-service laundries with a capacity of up to 75 kg per shift); automatic telephone exchanges intended for telephone installation of residential buildings with a total area of ​​more than 100 m; public restrooms; funeral homes; warehouses of wholesale (or small wholesale) trade; production premises (except for workshops for restoration and folk crafts, premises for the work of the disabled and the elderly, located in specialized apartment buildings, including points for issuing work at home, workshops for assembly, installation and decorative work); dental laboratories, clinical diagnostic and bacteriological laboratories; hospitals, including dispensaries, day hospitals and hospitals of private clinics, dispensaries of all types; dispensaries without hospitals of all types, trauma centers, ambulance and emergency medical substations; dermatovenerological, psychiatric, infectious and phthisiatric rooms for medical appointments; departments (rooms) of magnetic resonance imaging; x-ray rooms in adjacent to residential premises and under them, as well as rooms with medical or diagnostic equipment and installations that are a source of ionizing radiation.

10. The first paragraph of clause 3.60 shall be stated as follows:

"The height of the premises of public institutions, built-in, attached and built into residential buildings, is allowed to be taken equal to the height of residential premises (including for placement in small businesses built into reconstructed residential buildings - with a height of premises of at least 2.5 m), except rooms in which the height must be increased in accordance with technological requirements, taking into account SNiP 2.08.02-89 *."

4. REQUIREMENTS FOR THE MAIN ELEMENTS OF RESIDENTIAL BUILDINGS

ADDITIONAL REQUIREMENTS FOR APARTMENTS
FOR THE DISABLED AND ELDERLY

11. Paragraph 4.15 shall be stated as follows:

"Specialized apartment buildings for the elderly and for families with disabled people who are able to move independently without technical means (not wheelchair users) should be designed no higher than 9 floors, for families with wheelchair users - no more than 5 floors.

It is allowed to design specialized groups of apartments (or separate apartments) for families with disabled people (not wheelchair users) no higher than the 9th floor, for families with wheelchair users - no higher than the 5th floor.

It is allowed to design specialized groups of apartments (or separate apartments) for wheelchair users and the elderly on the ground floors of residential buildings, including without an entrance device from adjoining territory, with an entrance to the apartments through the lobby of a residential building with a lift (or ramp) at level differences.
to read as follows:

"In reconstructed or modernized residential buildings, specialized apartments for families with disabled people and the elderly should be designed in accordance with paragraphs 4.15-4.22 of MGSN 3.01-01, SNiP 35-01-2001 and SP 35-102-2001.

At the same time, apartments for wheelchair users should, as a rule, be designed on the ground floor with an entrance from the adjacent plot. It is allowed to place these apartments above the first floor, taking into account the requirements of clause 4.15 of MGSN 3.01-01 and the device in the houses of ramps at the entrances, elevators from the floor level of the first floor, as well as elevators in the presence of level differences when approaching the elevator.

14. The last paragraph of paragraph 4.24 shall be stated as follows:

"The premises for the residence of a wheelchair user should, as a rule, be located no higher than the first floor. When placing premises for the residence of a wheelchair user above the first floor, their accessibility should be ensured, providing for the implementation of elevators, taking into account the requirements of SNiP 35-01-2001 or lifts moved vertically up or along the flight of stairs, taking into account the requirements of clause 3.67. "

5. ENGINEERING EQUIPMENT

15. Paragraph 5.26 shall be stated as follows:

"Ventilation of built-in (built-in-attached) non-residential public premises should be provided autonomous from the ventilation systems of a residential building, taking into account the requirements of Appendix 5.

Exhaust ventilation of public premises located in the dimensions of one apartment (with an area of ​​up to 108 m

The basement floors of Russian new buildings have long been uninhabited. In many microdistricts (and in new buildings - in all), enterprises have been opened on the first floors that are focused on providing services and selling goods to local residents.

About prices, as well as how to rent non-residential premises in new buildings, the editors of RBC-Real Estate asked the experts.

How much does it cost to rent / buy non-residential premises in new buildings in the Moscow region

The cost of renting or selling non-residential premises depends on many factors. "This is the geographical location of the object (Moscow, Moscow region), the location of the premises in the microdistrict in relation to the flow of people and transport (inside the building, on the first line near the main road)," the head of the department lists commercial real estate GK "PIK" Anton Melnikov. - Of course, rental rates are higher for first-line premises. Also, the rates are affected by the presence of restrictions in the premises on the location of the trading floor and showcases.

Marina Markova, a partner and leading consultant at Magazin Magazin, cites the average rental rates for non-residential premises in new buildings in the Moscow region: “If we take an average area of ​​100 sq. m, then the rental rate will be 500-700 dollars (16-23 thousand rubles) per 1 sq. m,” says the expert.

The cost of buying premises is different. "In general, in the market, the cost of premises for street retail in new buildings in Moscow is in the range from 150 thousand to 500 thousand rubles per 1 sq. m per year, in new buildings in the Moscow region this figure is much lower - from 50 thousand to 120 thousand . rubles per 1 sq. m per year, "- gives the average figures general manager"MITS - Development" (GC "MITS") Sergey Khoroshkov.

So, for example, in the residential area "Katyushki" (development company "Morton") for a room with a separate entrance, the rental rate is 800 rubles per 1 sq. m. m per month, including VAT (the microdistrict is located 12 km from the Moscow Ring Road). And in the new microdistrict "Solntsevo-Park", which is located in New Moscow, a similar rental rate can reach 1.5 thousand rubles per 1 sq. m. m.

Rates rent for the objects of the PIK Group of Companies vary from 8 thousand to 60 thousand rubles per 1 sq. m. m per year. For the Moscow Region, these figures are naturally lower and range from 4,000 to 14,000 rubles per sq. m. m per year. The cost of selling non-residential premises in the facilities of the PIK Group of Companies varies in Moscow from 120 thousand to 400 thousand rubles per 1 sq. m. m, and in the Moscow region - from 40 thousand to 120 thousand rubles.

Who do development companies want to see among the tenants of non-residential premises ...

"The developer, as a rule, does not participate in the formation of the necessary set of commercial infrastructure of the area - if it is not large-scale project, assuming accommodation from 5-7 thousand inhabitants, - says Andrei Vasyutkin, head of research and consulting at Magazin Magazin. - Most of the non-residential premises on the market are not rented out, but sold - and already the buyer (often a newcomer himself) offers the area for rent. With such a scheme, it is difficult to maintain a single commercial concept for the infrastructure of the area, corresponding to the demand from the residents. The scheme works: whoever pays more - that tenant. Therefore, we are seeing a frequent change of signage on the premises of the first floors of new residential buildings."

"When selecting tenants for commercial space within the framework of MIC projects, the company is guided by the need to create a set of all goods and services necessary for life within a particular residential complex," Sergey Khoroshkov talks about the company's policy. "In this way, we try to diversify social infrastructure facilities , to provide for everything you need for life - grocery stores, pharmacies, beauty salons and other social infrastructure."

... and whom the residents themselves

An interesting experiment on the selection of tenants was implemented by the Regiondevelopment company on the territory of the Residential Quarter 9-18 project in Mytishchi.

“We tried to think over the concept of infrastructure at the initial stage of the project and offer our customers to independently choose exactly those objects for life that they need by online voting,” says Olga Valchuk, General Director of Regiondevelopment. “This allows us not only to form the necessary pool of our future tenants, but also to understand what exactly buyers want to see in our projects, to conduct a qualitative analysis of the necessary objects.

So, for example, during the voting, it became obvious that residents do not need to have a full-fledged restaurant on the territory of the residential complex in which they live, but a small cafeteria for breakfast and brunch is enough. Or, for example, a popular object of social infrastructure - beauty salons. The results of the voting showed that the residents would like to have a spa services salon near their homes, where they can relax after a hard day or work week.

Tenants: network companies or private entrepreneurs

It is incorrect to say that developers and management companies prefer network companies or private businesses, says Sergey Khoroshkov from MIC Development.

"Of course, preference is given to operators with accumulated experience and financial resources, and "networkers" most of all fall under this description, - says Anton Melnikov, head of the commercial real estate department of PIK Group. - Nevertheless, our team has no prejudices. Often, the quality of services of a non-network tenant is many times better than that of a network tenant.

Most residential neighborhoods are model houses, panel building. According to Marina Markova from the consulting company Magazin Magazin, chain retailers do not tear off non-residential premises in such areas. For most network companies, they simply do not fit in size and technical characteristics. Therefore, here is not in question about who is "ready" to let in. The developer usually sells these spaces to individuals who either make money from rent or develop small businesses there. Private entrepreneurs renting non-residential areas in new buildings often live in the next entrance themselves ...

Modern new buildings in without fail have non-residential premises that are not intended. They are mainly located on the first and basement floors of residential buildings. There are usually shops, beauty salons, bank branches, pharmacies and medical centers. Less often, they house offices and representative offices, consumer services and other organizations and enterprises.

Such commercial space in new buildings may be owned by the residents of the building or any other natural or legal entities. Statistics say that about 80% of all non-residential premises in high-rise buildings belong directly to the residents of these houses. This is due to the fact that only they understand the demand for a certain kind of business in this area.

For example, in metropolitan area"Golden Mile" is a new building, each resident of which owns some kind of non-residential premises, with an average area of ​​70 sq.m. It is worth noting that for the most part businessmen, lawyers, representatives of show business and former officials live there. For organizing a business, non-residential premises in new buildings are considered ideal, which are located on the 1st floor, have a separate entrance, electrical power at the rate of 0.2 kW per 1 sq. m. and a ceiling height of 3-3.2 meters.

Rent or Own?

If we consider directly the purchase of non-residential premises in a new building, then it is important to decide whether the premises will be purchased in an already built and put into operation building, or in a house still under construction. Of course, until the end of construction, the price will be 30-40% cheaper, for example, as in the residential complex Krepostnoy Val in Rostov-on-Don.

But in this case, there is a risk that in the event of a construction freeze or even worse, the bankruptcy of the developer, the return of the invested money is practically impossible. This is due to the fact that the law protects only equity holders who purchase housing, and the power of such a law does not apply to non-residential areas.

If there is a desire to organize a business on the ground floor of a new building, then it does not necessarily become the owner of a certain territory. Much easier to rent.

Take, for example, a typical complex under construction in the suburbs. The cost of renting commercial space in it will cost about 1000-2000 rubles. for 1 sq. m. per month. Given that the repair will cost around 10,000 rubles. per sq. m., it is not difficult to calculate the profitability of investing in renting an area. Let's take 24,000 rubles for the estimated income. per year from each sq.m.

As a result, it turns out that in 4 years all expenses for repairs and rent will be fully paid off. And in order to buy non-residential premises in a new house in the Moscow region, it will be necessary to spend from 50 thousand to 120 thousand rubles. for 1 sq. m. The cost of commercial real estate in Moscow will cost even more: from 150 to 500 thousand rubles. per 1 sq.m.

Non-residential premises in residential buildings

Modern new buildings are designed in such a way that all premises on the first floors are non-residential. However, before the houses were built differently, and there were also apartments on the first floors. Now very often such apartments are transferred to a non-residential fund, with the possibility of using them for commercial purposes. But in order to carry out the transfer procedure, it is necessary that the dwelling meets certain requirements:

• The apartment must have a separate entrance, which will be isolated from the entrance to the staircase and staircases. If there is no such entrance, then it should be possible to equip it. Most often this is done from a window opening or balcony.
• It must be a completely isolated room that is not part of any whole object.
• In such an apartment no one should be registered.
• The dwelling should be located on the first floor of a high-rise building. If this is the 2nd floor or subsequent ones, then the transfer is possible only if all the rooms under this apartment are also non-residential.

More information can be found in Art. 22 Housing Code RF.

Transfer from residential to non-residential

When transferred to a non-residential fund, it may be necessary to redevelop the facility in accordance with fire safety requirements and sanitary standards. Consultation on how to do this should be obtained from the departments of fire supervision and Rospotrebnadzor. And regarding the organization of a separate entrance, you need to contact the body dealing with urban planning and architecture. After the development of the reconstruction project and obtaining all permits, it will be necessary to collect the following package of documents:

• Transfer Application.
• Legal documents.
• BTI documents.
• Remodeling project.

It is important to note that BTI documents and title documents may not be provided if the premises are registered with the USRR. Authorized bodies they can independently request them from the relevant authorities.

The collected documents will need to be submitted to the Department of Housing Policy and Housing. A receipt is issued for the delivery of papers. The term for consideration of documents is 45 days. After the decision is made, the applicant is issued one of the following documents:

• Notice of consent to the transfer of premises from residential to non-residential.
• Notification of refusal to transfer.

The next step, if redevelopment is necessary, is to complete all the work and obtain an act acceptance committee. And only then it is already possible to obtain a new certificate of ownership in the territorial office of Rosreestr.

Ground floor or outbuilding?

The sale of non-residential premises in new buildings includes the sale of objects occupying ground floors, ground floors or attached buildings. When choosing an option, it is very important to consider the purpose for which this area will be used. Not every business can be located in a residential building.

For example, organizations Catering, can occupy in residential buildings only premises of no more than 700 sq.m., in which the number of seats does not exceed 50. They must necessarily have separate entrances and emergency exits, and products and raw materials can only be received from the end of the building. In addition, basements and semi-basements are not suitable for such enterprises.

According to the legislation of the Russian Federation, organizations located on the first floors of houses should not, in any way, disturb the peace of the residents of these houses.

Utilities Accounting

Regarding payment utilities owners of non-residential premises, then according to the RF PP No. 307, the HOA for the owners of such objects is not a utility services provider. In this case, the owner must independently conclude agreements with all resource-supplying organizations. The difficulty in this situation is that it is not always technically possible to supply services to such premises, apart from the residential premises of the building. It happens that you even have to transfer the output of communications to the meters that go to the house.

Summing up, we can say that if there is a desire to organize your own business and for this you need to buy a room, then you should pay attention to the objects non-residential fund so that later you do not have to deal with paperwork and redevelopment of the territory. This is not to say that it is very difficult, but it definitely takes time and requires financial investments in the Sedov Residential Complex.

How to convert residential premises to non-residential.

A grocery store, a hairdresser, a dentist or a beauty salon on the ground floor of a residential building - it seems to be convenient for both residents and entrepreneurs, but only if the business premises are rented correctly. The site "RIA Real Estate" learned about the intricacies of renting commercial space on the ground floors of new buildings.

Finding an option

Small businesses can rent commercial space not only from a private individual, but also directly from the developer. For example, some companies have entire structures that are directly involved in leasing such areas.

It turns out that when looking for commercial premises for rent, you can turn not only to "private owners", but also to large developers. Now, for example, in the Moscow region, there is enough supply on the market, says managing partner of Metrium Group Maria Litinetskaya.

Also, real estate agencies or public channels on the Internet, such as the Avito or CIAN bases, can provide assistance, adds Elena Mishina, head of the Est-a-Tet commercial real estate department.

Attractiveness of the place

"Before renting non-residential premises, you need to understand in principle whether it will be profitable in this moment"life" of the complex. So, the most popular at any stage are grocery stores. In second place - domestic services: dry cleaners, hairdressers and pharmacies, on the third - cafes and restaurants, "says Litinetskaya.

She adds that, of course, over time, the rating of demand for businesses in residential complexes may change. For example, in the first few years, while there is an active settlement, curtain salons, shops with building materials become in demand. Over time, when the main part repair work completed, such a business loses profitability in a particular residential building. In its place come cafes, developing children's centers, children's shops and other institutions.

"In the case of street retail, the most important thing is to determine what the target audience of the enterprise is and whether the traffic of this premises corresponds to it. First of all, it is important to evaluate the pedestrian flows of the premises, since this main source clients for similar objects in the middle price segment. Of course, the premises near the metro give the most traffic, but their rates are quite high," says Mishina from Est-a-Tet.

According to her, it is enough that the object is located within the boundaries of dense residential development, has access to busy pedestrian streets, and it is good if there are points of attraction nearby, such as large supermarkets, universities, children's or sports institutions, which will generate an additional flow of customers.

Negotiate terms

Negotiating a rental rate is a whole science, in which there are many subtleties. "As general rules- do not immediately agree to the rate that the owner voices. It is best to study at least the competitive environment of the object or similar offers in other areas and understand how the proposed rate corresponds to the average market. As a rule, this is the main argument in negotiations with the landlord, which allows the price to be brought to market indicators," Mishina notes.

Mishina notes that a deposit in the amount of a monthly rental rate is a completely normal business practice, without which it is difficult to imagine the conclusion of contractual relations, the landlord needs some kind of guarantee in case of termination or damage to property.

“Another question is that you shouldn’t leave an insurance deposit for more than one month, it’s better to use this money for business development, and not “freeze” it this way,” she advises.

In addition, Mishina says that in 90% of cases, the owners do not make repairs in such premises, since the range of their possible tenants is wide, and it is difficult to predict what kind of decoration, layout and engineering will be needed in one case or another, Mishina comments.

According to her, as a rule, repairs are made by tenants, and the owners, taking into account the estimate, provide them with rental holidays, for example, no payment for the premises is charged for the period of the repair, usually it is 2-3 months, and then for about a year also preferential terms rent. As a rule, the marked amount is divided in equal shares by 12 months - the amount of the monthly rental discount is obtained.

“Firstly, it is not clear whether this enterprise will actually bring the planned income. short term contract the tenant will always have the opportunity to renew a new one, taking into account changed market conditions.

For the same reasons, the tenant should ensure the possibility of a painless termination of the contract, "explains the Est-a-Tet expert. In particular, it is worth giving up large insurance deposits in the amount of rent for one quarter, which will not be returned in case of early termination.

Reconnaissance on the ground

Particular attention before renting a room should be paid to the mood of the residents of the house. The tenant, unfortunately, will never be able to protect himself from conflicts with tenants by 100%, even in the case of an agreement with the head of the house. But he can collect the signatures of the owners, which will be a confirmation of their consent to do business in a particular residential building, Mikhail Kazachek, director of the commercial department of the Agency.net real estate management agency, points out. .

“Sometimes the owners rent out the premises without warning the tenant that there used to be some kind of hostel or grocery store that did not work according to the norms, and that the tenants are initially biased, negatively disposed towards any business object,” the expert notes. Therefore, it is so important to establish positive contact with the tenants even before signing all the contracts.

“If you are going to open a business on the ground floor of a residential building, you need to take into account the presence of the local area: keep it clean, follow the parking rules, choose appropriate signs that will not interfere with residents,” Kazachek adds.

Subtleties of the contract

A lease agreement for non-residential premises is always concluded by drawing up only one document, this is its main difference from those agreements on other transactions that can be concluded by exchanging some letters, faxes. Therefore, if the parties want to make any change, they will have to draw up and sign an additional agreement, says Dmitry Malbin, lawyer at the law firm YUST.

The main issue when drawing up a contract, as a rule, is the correct individualization of the premises, that is, the necessary characteristics must be spelled out in the document: address and cadastral number, area of ​​the object. If at least one clause is missing, then the contract can be considered not concluded.

The contract must also include a price. It can be determined in any way: either a fixed monthly rate or the cost per square meter.

"For" must vote at least 2/3 of the total number of votes of the owners of the premises, clarifies Malbin. You can vote in absentia by sending all the owners of the questionnaire and indicating the date by which they must be completed and handed over. In principle, you can simply go around the owners and sign their consent. But then it is better to collect 100% of signatures "for". The fact is that this is a violation of the procedure, and if the placement of the sign is disputed by at least one owner in court, the tenant may be required to dismantle it.

Crisis, as you know, is a time of opportunity, one of which is the opening of your own business. If you need commercial space for this, then it's time to look at non-residential premises on the first floors of residential complexes, since rent here is cheaper than in shopping or business centers. The ComEstate.ru portal decided to find out from experts how to avoid mistakes when choosing premises for small businesses on the territory of the residential complex.

What is not forbidden is allowed

Let's start with the fact that not all activities are possible on commercial premises in residential buildings. One of the most important documents regulating restrictions on doing business in residential complexes is the version of the relevant SNiP - (SP 54.13330.2011. Code of Rules. Residential multi-apartment buildings. Updated version of SNiP 31-01-2003). Without plunging into legal subtleties, we can say that any activity that will cause inconvenience to residents is prohibited on the territory of the residential complex. You will not be able to trade chemicals, motor oils, rubber, carpets and fish in the LCD, but the grocery store will not receive permission to work around the clock, only until 23:00. Laundries and dry cleaners can only be opened in collection point mode. Not a place in residential buildings and industries, discos, x-ray rooms, clinical diagnostic and bacteriological laboratories, emergency rooms, funeral homes, etc. Catering establishments with a capacity of up to 50 people and an area of ​​​​not more than 250 square meters. meters with appropriate ventilation and fire safety, by the way, you can open. But such establishments will also be able to work only until 23:00.

The times when the market was growing with unsaturated consumer demand, as you know, are long gone. Accordingly, in order not to go down the drain, you need a clear business plan and marketing research. “Over time, the demand rating for businesses in residential complexes may change,” says Maria Litinetskaya, managing partner of Metrium Group. - For example, in the first few years after the commissioning of a new building, while there is an active settlement, curtain salons, shops with building materials are in demand. Over time, when the main part of the repair work is completed, such a business loses profitability in a particular residential complex. In its place come cafes, development centers, children's shops, and so on.

Alexander Zubets, general director of Novye Vatutinki LLC, agrees with Maria Litinetskaya: “At the stage of settling at home, I advise you to open a building materials store. Repair is not a simple matter in which you constantly need to buy something. Also, in new buildings, it is worth opening first of all grocery stores and household services. In the second - hairdressing salons, beauty salons, travel companies.

Yury Taranenko, director of the commercial real estate department at RRG, advises focusing on the following figures: for 5,000 inhabitants, from 3 to 6 grocery stores, 5-6 beauty / hairdressing salons, 2-3 medical organizations(including dentistry), 2-3 educational organizations, 1-2 children's goods stores, a bank branch, one pharmacy.

Commercial premises from 5 sq. meters!

It should be borne in mind that the tenant of street retail premises built into residential complexes often has to correlate the concept of his business not only with Russian legislation, but also with the owner of the premises, that is, the developer. Some large developers even say that under no circumstances will they sell non-residential premises in their residential complexes in order to be able to control the availability of infrastructure in their facilities.

Andrey Kovalev, the owner of Ecooffice Group of Companies, notes that developers tend to be guided by market principles in the design of commercial premises in residential projects. There is a well-developed toolkit for researching the target audience, the competitive environment, etc., on the basis of which the developer makes a decision on the advisability of including certain functions in certain volumes in the project. However, the expert immediately makes a reservation - “this is an ideal, but in reality there are cases of serious discrepancies between the plan and the results, both due to errors made in the analysis and due to changes in the economic situation.

In particular, many of Moscow's new microdistricts are experiencing serious difficulties with the occupancy of such commercial premises. The reason often lies in the formal approach to studying the needs of both the residents themselves and the tenants of each specific profile (consumer goods stores need premises with some characteristics, medical centers with others, cafes and restaurants with third ones, etc.)» . According to Andrei Kovalev, it is not uncommon for a project to include some kind of abstract “jobs” rather than areas with specific functions calculated based on the composition and needs of future residents.

However, the crisis and the rising level of vacant space are forcing both residential real estate developers and owners of shopping and business centers to be more loyal and flexible. Yulia Koroleva, head of commercial real estate at Morton Group, notes that Morton Group tries to take into account all the wishes and technical requirements of future tenants at the construction design stage, and can also offer various formats of commercial premises, for example, with an area of ​​5 sq. meters.

In fact, it is beneficial for the developer to meet the needs of the tenant. “The retail and service infrastructure in residential complexes is a fairly strong tool with which a developer can, firstly, create an additional effective tool for housing sales; secondly, to improve the image of the project in terms of comfort and convenience of its future residents; thirdly, to form an additional cash flow”, - sums up Polina Zhilkina, director of strategic consulting at CBRE.

Tell me who your neighbor is and I'll tell you what will happen to your business

The future tenant has the right to know about the developer's plans, even if he doesn't like them. Will it not turn out that, having launched a grocery store, a small business owner in six months will find a competitor on the territory of a residential complex 100 meters from him?

Another rule that should not be neglected is that the infrastructure of a residential complex located next to a large shopping and entertainment center can and should be more modest than in a similar project, where it takes more than 10-15 minutes to get to the nearest large shopping center, says Polina Zhilkina.

But there are other pitfalls that Alexander Zubets talks about. Of course, location plays an important role for a grocery store. “Ideally, if it is located on the “first line”, that is, as close as possible to the main flows of people,” the expert says. - At the same time, you should contact the developer and ask for a development plan for the territory of the complex. After all, it is absolutely not a fact that if today the store is located on the main road, then in two years, when the microdistrict can be completely built up, this same road will not turn out to be secondary and not so passable.” Maria Litinetskaya also advises to monitor the surroundings: “When choosing a premises for commercial use, you should pay attention to nearby objects. For example, next to the kindergarten it would be appropriate to organize some kind of developmental circle. A pharmacy is conveniently located near the clinic. If this is a car wash, then it is worth opening it at the entrance to the residential complex or next to the parking lot.

Another important point, which you should pay attention to when choosing a room, is the fenced or not fenced residential complex. A fenced area is a very serious limiting factor for potential tenants of commercial space, Polina Zhilkina is sure. To a lesser extent, this applies to “targeted” visits (beauty salons, medical clinics, fitness clubs), but for shops, cafes and small service enterprises, a fenced area can significantly worsen attendance figures and, accordingly, revenue.

However, developers can take into account, on the one hand, the wishes of future new settlers to live in a territory closed from outsiders, and, on the other hand, ensure that tenants of commercial space in their residential complexes attract "external" demand. “If the territory of the residential complex is fenced, there are two entrances - from the yard and from the outside, from the road and the street,” says Yulia Koroleva. “At the same time, we always take into account that the loading and unloading zones of stores and other necessary technical premises are located on the territory of the complex without harm to residents.”

Oksana Moiseeva, head of the commercial real estate department at NDV-Nedvizhimost, notes that the reduction in traffic due to the fenced area is not an obstacle to organizing a representative office of the company, a showroom, medical and children's institutions. Moreover, isolation can become an added bonus, a joker. “The fenced territory will not greatly affect the profitability of the business of beauty salons, hairdressing salons, and children's studios,” says Oksana Moiseeva. “And in the premium class segments of these destinations, a fenced area will even be a plus.”

But in general, the closeness of the territory, as a rule, reduces the rental rates for the commercial areas of the first floors of the residential complex by several percent compared to similar offers in the "open area". Rental rates depend on the location, area and format of the residential complex. “For a residential area, the rates are at the level of 10-15 thousand rubles per sq. m. meter per year, for premises in the center fluctuate in the range of 30 - 65 thousand rubles per square meter. meters per year," he says. General Director of MIEL-Commercial Real Estate Lena Serenko . The expert, by the way, is very categorical about opening a business on the territory of residential complexes: “It is better for a novice entrepreneur without work experience not to open a business on premises in a residential complex, but to look for objects in a formed retail zone where a synergistic effect operates.”

Competitors don't go here

Counterargument to words Lena Serenko Oleksandr Zubets says, noting that in a residential complex an entrepreneur can become the only one who offers a service demanded by residents, for which otherwise they would have to go a certain way, including by car or public transport. In particular, he says that due to the technical difficulties of locating cafes and restaurants on the first floors of residential buildings (installing ventilation, organizing a kitchen, storing food), by opening a cafe on the ground floor, you can be out of competition for a long time. But, as they say, everyone chooses for themselves - a food court or a separately located cafe with no competitors at a distance of a cannon shot.

In any case, as Elizaveta Gudz, Deputy General Director for Analytics and Consulting of NDV-Nedvizhimost, clarifies, when choosing a room, you need to pay attention to the features of your business, the target audience, understand whether you need a load or a large showcase, whether the room allows you to implement the optimal layout, arrangement of equipment, furniture, etc. Moreover, obviously, there will be plenty to choose from in 2016.

In 2016, we will see an increase in vacant space, - Alexander Zubets is sure. - Economic crisis not conducive to starting a new business. It is likely that some entrepreneurs will be forced to curtail their business and stop renting. Together with the emergence of new vacant space from developers, all this will increase competition among landlords. As a result, rates may be adjusted downwards.” I agree with the expert Lena Serenko : "The vacancy rate will definitely increase, which is associated with a decline in the trade sector due to a decrease in the purchasing power of the population." The expert notes that rental rates continue to decline, but not as much as in 2015. On average, the discount is no more than 10-15%.

Elizaveta Hudz expects trends to continue in 2016 previous year: the change consumer behavior, the migration of tenants to more convenient locations that were previously "unaffordable", the renegotiation of contracts on more attractive terms - that is, the market will continue to seek an equilibrium state.

With such forecasts, the most optimistic statement by Yury Taranenko looks very cautious: “The vacancy rate in the segment is likely to remain high in 2016. Although, in general, its development will continue due to the opening of new catering establishments and grocery stores of various formats: coffee shops, shops selling alcohol, food products; pharmacies and so on.