Reason for transferring residential premises to non-residential premises. How to convert residential premises into non-residential ones. What rules were in effect before?
It is necessary to convert residential premises into non-residential ones, for example, if the owner decided to turn the apartment on the ground floor into a store, office, etc. non-residential premises.
When converting premises to non-residential use, it is necessary to take into account the requirements of the Housing Code and legislation on urban planning.
Firstly, transfer of the apartment to apartment building into non-residential premises is allowed only if the apartment is located on the ground floor of the house, or above the first floor, but the premises located directly under the apartment being converted into non-residential premises are not residential.
Secondly, the transfer of residential premises to non-residential premises not allowed, If:
- there is no separate entrance to the premises being transferred or there is no technical ability to equip such an entrance;
- the premises being transferred are part of a residential premises or are used as a place of permanent residence;
- the ownership of the transferred premises is encumbered by the rights of any persons;
- the premises being transferred are located in a rented house for social use;
- The premises are planned to be used for religious activities.
2. What other conditions must be met to make the premises non-residential?
To convert the premises into non-residential, you will need a separate entrance to this premises from the residential part of the house. To make a separate entrance, you will have to touch the part. For example:
- enclosing load-bearing and non-load-bearing structures;
- foundations;
- floor slabs;
- balcony and other slabs;
- load-bearing columns.
- for the transfer for use of part of the common property (if the common property is affected);
- for the transfer of residential premises to non-residential premises.
You also need to get The consent is drawn up by the owner of the premises adjacent to the premises being transferred in any written form and must contain the following information:
- last name, first name, patronymic (if available);
- passport details;
- number of the room;
- details of documents confirming ownership of the premises.
Please note: all rooms that have a common wall or are located above or below the room being transferred are considered adjacent.
">consent to the transfer from each owner of all premises adjacent to the premises being transferred.After transferring the premises to non-residential, access to it is possible only through a separate entrance. The possibility of access through the entrance leading to residential premises should be excluded.
3. What documents need to be completed at the meeting?
- a decision documented in minutes at the general meeting of owners of premises in an apartment building on the following issues:
- transfer for use of part of the common property when planning the production of work, the implementation of which is associated with the transfer for use of part of the common property during reconstruction and (or) redevelopment;
- consent to transfer residential premises to non-residential premises;
- notifications (messages) about the meeting;
- documents confirming delivery of a notice to each owner or sending a notice to each owner by registered mail, unless the decision of the general meeting of owners of premises in an apartment building provides for another method of sending a notice to writing or a room accessible to all owners of premises in a given building, intended for posting notice of a general meeting, has not been identified. In this case, a protocol (copy + original for presentation) of the general meeting of premises owners is provided, containing decisions on these issues;
- registration sheet for meeting participants;
- decisions of owners on issues put to vote, formalized in accordance with the Housing Code of the Russian Federation;
- lists of owners as of the voting date, indicating the full name of the owner or his name, the number of the premises owned by him, the share in the right to common property;
- notarized powers of attorney, if representatives of the owners took part in voting at the general meeting;
- minutes of the general meeting of owners of premises in an apartment building, containing a decision on their consent to the transfer of residential premises to non-residential premises;
- if the meeting was held in the form of absentee voting, additional documents on the meeting held through joint presence shall be submitted.
4. The owners' consent has been obtained. What's next?
Creating a separate entrance to the premises being transferred is classified as redevelopment and (or) reconstruction. Take care to coordinate this reorganization in advance: firstly, it will save you time, and secondly, during the approval you will need to prepare reconstruction project, which will also be needed to convert the premises into non-residential ones.
5. What other documents will be needed?
- application for the provision of public services;
- identification document;
- an identity document and a document confirming the authority of the representative - if the documents will not be submitted by the owner of the premises;
- title documents for the premises being transferred (original or notarized copies), if the rights to it were registered before January 31, 1998;
- prepared and executed in in the prescribed manner a project for the reconstruction and (or) redevelopment of the transferred premises, if the reconstruction/redevelopment is required to ensure the use of such premises as non-residential;
- The documents listed below are received by the authorized official using interdepartmental interaction, including through access to information in the Basic Register. You can submit these documents on your own initiative:
- an extract from the Unified State Register of Real Estate in relation to the premises being transferred;
- single housing document;
- extract from the Unified State Register of Individual Entrepreneurs (upon application individual entrepreneur);
- technical passport of the premises (for non-residential premises - floor plan with explication, extract from the technical passport for the building/structure in form 1a, certificate from the technical accounting authority on the condition of the building/premises in form 5) (if this document is available in the Basic Register);
- floor plan of the house in which the transferred premises are located (if this document is available in the Basic Register);
- cadastral passport of the land plot;
- birth certificate (except for certificates of orphans and cases where a document confirming the birth and registration of a child was not received in Moscow);
- conclusion of the Committee on Architecture and Urban Planning of the city of Moscow on the location of the premises being transferred from non-residential to residential in a building located in a residential area in accordance with the functional zoning of the territory.
If the owner of the premises being transferred is a minor, you will also need:
- decision of the authorized body in the field of guardianship, trusteeship and patronage, confirming the powers of the legal representative;
- in relation to orphans - a birth certificate or a document confirming the fact of birth and registration of the child (if the child was born on the territory of a foreign state).
Citizens living in apartments and rooms multi-storey buildings or in private residential buildings, on the grounds given by law, can use the premises not only for their intended purpose, but also for carrying out permitted activities. The activity is possible if it does not contradict the rules mandatory for the use of residential premises, which are determined by Decree of the Government of the Russian Federation No. 25 of January 21, 2006.
Often, changing the status of residential premises to non-residential property is carried out to help the population and for the purpose of their everyday services. Reverse transfer can be encountered in cases of re-registration of buildings on garden and summer cottage plots for residential buildings. The transfer of residential premises to non-residential premises, as well as the reverse process, is formalized by submitting an application and a package of accompanying documents.
Types of residential premises
According to the Housing Code of the Russian Federation, residential premises are divided into types:
- A residential building is a building for living, consisting of rooms and other premises serving the everyday needs of people.
- An apartment is a separate, separate room that has boundaries and consists of several rooms (or one room) and auxiliary premises, which is part of an apartment building. Apartments must have access to common areas.
- A room is a zone of living space: apartment or house.
Signs of non-residential premises
There is no clear definition of non-residential premises in Russian law, however, there are signs by which the premises can be classified as this category of premises: non-residential is an immovable object that is not intended for residence, is isolated and is not part of the housing stock.
The law provides clear characteristics of the status of the premises, which must be observed by any person applying for transfer. Operations involving the transfer of residential buildings and apartments to non-residential premises and the reverse process, drawing up projects and their approval are carried out exclusively within the legal framework; to prevent illegal actions, the legislator has clearly defined the rules within which the transfer is organized.
Rules for transferring residential premises to non-residential premises
According to the housing law, the transfer of residential premises to non-residential stock is possible subject to a number of mandatory conditions:
- The ability to access the premises being transferred without using premises that provide free access to other residential premises, or the existence of the technical ability to provide such access.
- Isolation of the premises: it must be separate and not connected with other premises by the same area. For example, one of the rooms in a multi-room apartment cannot be transferred to non-residential status, leaving the other rooms with their previous status.
- Non-use of premises by citizens for permanent residence.
- No restrictions on property rights or encumbrances on the part of other persons.
It is possible to change the status of an apartment to non-residential premises if it is located on the ground floor. But this provision has an exception - it is possible to convert the premises into non-residential, even if the apartment is located above the first floor, in the case where the premises located directly below it are non-residential.
Conditions for transferring non-residential premises to residential premises
The translation process is carried out in compliance with the following rules:
- The premises meet the requirements of the current law for premises of this type, or it is possible to bring the premises into compliance with the provisions of the law.
- The citizen applying for the transfer of premises is its owner.
- The premises are located in an area intended and adapted for living.
The procedure for changing the status of the premises
The owner prepares and submits directly to the authorized body, or through the center for the provision of public services, a list of documents executed properly. These include:
- Completed application for transfer of premises. In the application, the owner explains in detail and motivated the reasons for the transfer and explains the need for this procedure.
- Plan of the house that includes the premises, indicating all floors.
- A technical description of the premises with detailed characteristics and its plan, and if necessary, a redevelopment or reconstruction project.
- Documents confirming the rights of the person submitting the application to the transferred premises (for example: ownership of an apartment, acceptance of the premises as an inheritance).
If the application and other specified documentation are consistent with the requirements of the law, no additional documents are required from the owner.
Procedure for changing the status of a premises
The transition from residential to non-residential and vice versa includes several stages:
- conducting an examination that will answer the question of whether the translation is possible;
- development of pre-project documents and project;
- coordination and approval of the project in the relevant authorities;
- obtaining permission to translate;
- submitting information to government databases and receiving a certificate of transfer of premises.
The owner can undertake the translation procedure independently, or by seeking help from organizations that specialize in preparing documentation for translation.
Based on the results of consideration of the application, the package of attached documents and the project, a decision is made to transfer the premises to a new legal status or to refuse such a transfer. Federal legislation establishes that such a decision is made in the form of a resolution of the head of the municipality. The decision is sent to the applicant no later than one day after the decision is made.
In addition to the applicant, the owners of premises located in close proximity to the transferred premises must be informed about the decision. The notification is issued or sent on a standard form approved by Decree of the Government of the Russian Federation No. 502 of August 10, 2005. In accordance with the Resolution, citizens must be notified only in the prescribed form.
Grounds for prohibiting the transfer of residential premises to non-residential premises
The reasons for refusal to transfer are explained and justified to the owner of the premises or his representative. The main reasons for refusal are listed by the housing law:
- failure to provide the above documents, or provision of them in an inappropriate form or in incomplete volume;
- non-compliance of the project for redevelopment or reconstruction of the premises with the requirements of the current law, lack of approval of the project by authorized structures;
- submission of documents to a body that is not authorized to consider applications and make decisions on the transfer of premises;
- failure to comply with one or more conditions required for the transfer of premises and established by Article 22 of the Housing Code of the Russian Federation;
- failure to comply with the requirements of Housing and Urban Planning legislation during the translation process.
In turn, non-compliance with the requirements of Housing and Urban Planning legislation includes several options:
- if premises in which citizens live on the basis of a social tenancy agreement are transferred to non-residential status;
- if the transfer violates or may violate the rights of minor citizens living in the premises being prepared for the transfer;
- if as a result of the transfer living space the premises are reduced to a level that is below the standard for the provision of housing, taking into account the citizens living in the specified area;
- if residential premises are recognized as unsafe on the grounds and in the manner specified in Decree of the Government of the Russian Federation No. 47 of January 28, 2006.
A citizen may appeal the refusal to transfer residential premises in court by filing an application within the period established by law.
Reasons and grounds for prohibiting the transfer of non-residential premises to residential premises
Refusal in such a situation is also regulated by Article 22 of the RF Housing Code, but has its own characteristics. There are conditions under which the applicant will receive a negative decision on the transfer of premises:
- the applicant’s ownership of the premises is limited to a certain period, for example, by a lease agreement;
- the conditions and technical characteristics of the premises are unsuitable for normal human habitation.
The law defines the requirements for residential premises, without which it is impossible to convert non-residential premises into residential ones:
- load-bearing structures of residential premises must be in a condition suitable for use and meet safety requirements;
- in a room intended for living: an apartment, room, residential building, communications must be located in a convenient and safe manner for residents;
- It is mandatory to have utility lines in residential premises that comply with sanitary and fire safety.
Legislative acts regulating legal relations related to the transfer of premises to non-residential and vice versa
The Housing Code of the Russian Federation determines that any operations related to the transfer of premises, the acquisition of new legal status, project preparation, obtaining approvals and permits must be subject to mandatory compliance with current legislation. All actions regarding the transfer of premises are regulated by the provisions of the Housing Code of the Russian Federation, as well as legislative framework on urban planning activities, the basis of which is the Urban Planning Code of the Russian Federation. The procedures for changing the status of premises are also regulated by Federal laws, laws, regulations and other documents of the constituent entities of the Russian Federation, city and municipal regulations.
Electronic services
Full name of the service
Transfer of residential (non-residential) premises to non-residential (residential) premises
Conditions for receiving services on the site
Who can apply for the service
Individuals
When applying for the transfer of residential (non-residential) premises to non-residential (residential) premises, individuals who are the owners of the premises being transferred and who have applied to the territorial divisions of the MFC of Moscow districts with a request to provide them with a public service or who have submitted an application using the Portal can act as applicants . The interests of applicants may be represented by legal representatives or persons authorized by the applicant in the prescribed manner. In case of provision of public services in electronic form Using the Portal, it is not possible to accept requests and other documents necessary for the provision of public services from authorized representatives of individuals.Legal entities
Legal entities that are the owners of the premises being transferred may act as applicants when applying for the transfer of residential (non-residential) premises to non-residential (residential) premises. The interests of applicants may be represented by legal representatives or persons authorized by the applicant in the prescribed manner.
Individual entrepreneurs who are the owners of the premises being transferred can act as applicants when applying for the transfer of residential (non-residential) premises to non-residential (residential) premises. The interests of applicants may be represented by legal representatives or persons authorized by the applicant in the prescribed manner.Service cost
For free
-
- Required
- Available without return
List of documents in the form in accordance with Appendix 6 to these Regulations (submitted if a request is submitted electronically using the Portal)- Required
- Required
- Required
- Required
- Required
Title documents for the premises being transferred, the rights to which are not registered in the Unified State Register of Real Estate or the rights to which were registered before January 31, 1998 and are not at the disposal of the Department (original, 1 piece)
- Required
- Required
The decision of the general meeting of owners of premises in an apartment building, documented in minutes, on the issue of transfer for use when planning the production of work, the implementation of which is associated with the transfer for use of part of the common property during reconstruction and (or) redevelopment (original or notarized copy - for documents executed in relation to the general meeting of owners held before January 11, 2018).
Along with the protocol, documents confirming the results of the voting of the owners are presented:- register of owners;
- notifications (messages) about the meeting;
- documents confirming the delivery of a notification (message) to each owner or sending to each owner of the premises by registered mail, unless the decision of the general meeting of owners of premises in an apartment building provides for another method of sending a notification (message) in writing or the premises are not determined accessible to all owners of premises in this house, intended for posting a notice (message) about holding a general meeting. In this case, a protocol (copy with presentation of the original) of the general meeting of premises owners is submitted, containing decisions on these issues; registration sheet for meeting participants;
- lists of persons who took part in the general meeting (hereinafter referred to as those present) and those invited to participate in it (hereinafter referred to as invited persons);
- documents considered by the general meeting in accordance with the agenda of the general meeting;
- written decisions (ballots) of the owners of premises and their representatives who took part in the general meeting, drawn up in accordance with Part 5.1 of Article 48 of the Housing Code Russian Federation;
- lists of owners as of the voting date indicating the full name of the owner or his name, the number of the premises owned by right of ownership, the share in the right to common property;
- powers of attorney executed in accordance with Part 2 of Article 48 of the Housing Code of the Russian Federation, or other documents certifying the powers of representatives of the owners of premises in an apartment building who took part in the general meeting, as well as invited persons.
Consent of each owner of all premises adjacent to the premises being transferred to the transfer of residential premises to non-residential premises (original, 1 pc.)
- Required
A single housing document (in its absence - a copy of a financial personal account or an extract from the house register), issued no later than 30 calendar days before the day of application for the provision of a public service, or another document indicating the absence of citizens registered at the place of residence (provided in in relation to residential premises transferred to non-residential premises) (provided that the function of calculating payments for residential premises, utilities and other services and (or) the function of receiving and transmitting to the registration authorities documents for registration and deregistration of citizens of the Russian Federation Federation at the place of stay and at the place of residence within the Russian Federation in relation to residential premises transferred to non-residential stock is not carried out by the State Budgetary Institution of the MFC of the city of Moscow on the basis of the relevant agreement, and also regardless of the implementation of the specified functions of the State Budgetary Institution of the MFC of the city of Moscow in relation to the residential premises located on territory of TiNAO)
- Required
Registration and technical documentation for the premises
The composition and content of accounting and technical documentation are determined in accordance with the Requirements for accounting and technical documentation for premises in apartment buildings and residential buildings, approved by Decree of the Moscow Government of October 25, 2011 No. 508-PP.- Required
Floor plan of the house in which the room being transferred is located (floor plans of all floors in the house)
When gaining access to the Basic Register information necessary for the provision of public services, the applicant is not subject to the requirement established by this paragraph. The applicant has the right to submit these documents on his own initiative.- Required
When applying for the transfer of non-residential premises to residential premises, the following conclusions of authorized organizations are presented on the compliance of the transferred non-residential premises with the requirements for residential premises, approved by Decree of the Government of the Russian Federation of January 28, 2006 No. 47:
Conclusion of the organization carrying out technical accounting and technical inventory of objects capital construction, on the compliance of the transferred non-residential premises with the requirements for residential premises established by paragraphs 10, 11, 12, 17, 18, 20, 22, 23, 24 of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation, an apartment building as unsafe and subject to demolition or reconstruction of a garden house with a residential building and a residential building with a garden house, approved by Decree of the Government of the Russian Federation of January 28, 2006 No. 47.
- Required
Conclusion of an organization accredited to carry out sanitary and epidemiological examination, investigation, survey and other types of assessments (if there is a positive conclusion from the Office for the said conclusion Federal service for supervision in the field of protection of consumer rights and human well-being in the city of Moscow), on the compliance of the transferred non-residential premises with the requirements for residential premises established by paragraphs 13, 14, 15, 21, 25, 26-32 of the Regulations on the recognition of premises as residential premises, residential premises unsuitable for habitation, an apartment building in disrepair and subject to demolition or reconstruction, a garden house as a residential building and a residential building as a garden house, approved by Decree of the Government of the Russian Federation of January 28, 2006 No. 47.
- Required
Conclusion of an organization accredited for the right to conduct an examination of project documentation and results engineering surveys, on the compliance of the transferred non-residential premises with the requirements for residential premises established by paragraphs 16, 19 of the Regulations on recognizing the premises as residential premises, residential premises unsuitable for habitation, an apartment building in disrepair and subject to demolition or reconstruction, a garden house as a residential building and a residential building as a garden house, approved by Decree of the Government of the Russian Federation of January 28, 2006 No. 47.
- Required
With a list of documents that the applicant has the right to submit according to at will, can be found in the administrative regulations in the section “Documents required for the provision of public services” (copy, 1 pc.)
- Can be received during the provision of the service
Terms of service provision
34 working days
Suspension period: 15 working days
The need for the applicant to submit the document and (or) information necessary for the transfer of residential premises to non-residential premises or non-residential premises to residential premises, if the Department receives a response from a government authority, body local government or an organization subordinate to a state authority or local government body to an interdepartmental request indicating the absence of the requested document and (or) information, as well as in the absence of information about the details (series, number, date and place of issue) of the document in the Basic Register information, specified in clause 2.5.1.2.6 of the Administrative Regulations, or the absence in the Basic Register of documents specified in clause 2.5.1.2 of the Administrative Regulations.
The suspension period does not exceed 15 working days.
The basis for suspending the provision of a public service is the approval of a draft decision on the transfer of residential premises to non-residential premises in the event of an appeal by the applicant regarding the transfer of residential premises to non-residential premises with the Council of Deputies municipal district, on whose territory the premises being transferred are located.Suspension period: 60 working days
The basis for suspension of the provision of a public service is the receipt of an opinion on the possibility of reconstruction and (or) redevelopment of the premises transferred from residential (non-residential) to non-residential (residential) premises, by sending a project for reconstruction and (or) redevelopment of the transferred premises (if the reconstruction and (or) redevelopment is required to ensure the use of such premises as residential or non-residential premises) to the Moscow Housing Inspectorate.
The suspension period does not exceed 60 working days.Suspension period: 60 working days
The basis for suspending the provision of public services is the preparation and holding of a meeting of the Interdepartmental Commission of the city of Moscow to determine the compliance of non-residential premises with the requirements for residential premises, in the event of an applicant’s request regarding the transfer of non-residential premises to residential premises.
The suspension period does not exceed 60 working days.Suspension period: 60 working days
The basis for suspending the provision of public services is to conduct a survey of the owners of premises in the apartment building in which the transferred premises are located, by sending them requests, as well as to the organization that manages the building, the building council (if any) in the event of a general meeting of owners of premises in the apartment building .
The suspension period does not exceed 60 working days.Result of service provision
- Issued:
- Decision to transfer residential (non-residential) premises to non-residential (residential) premises (original, 1 pc.)
- Decision to refuse to provide a public service (original, 1 pc.)
Receipt forms
- Personally
- Through a legal representative
- On the WEB site
- Through MFC
- By post
Conditions for receiving services at OIV
Who can apply for the service:
Individuals
When applying for the transfer of residential (non-residential) premises to non-residential (residential) premises, individuals who are the owners of the transferred premises and who have applied to the territorial divisions of the MFC of Moscow districts with a request to provide them with a public service can act as applicants.
Legal entities
When applying for the transfer of residential (non-residential) premises to non-residential (residential) premises, legal entities that are the owners of the transferred premises and who have submitted a request to provide them with a public service can act as applicants. The interests of applicants may be represented by legal representatives or persons authorized by the applicant in the prescribed manner.
Individual entrepreneur
When applying for the transfer of residential (non-residential) premises to non-residential (residential) premises, individual entrepreneurs who are the owners of the transferred premises and who have submitted a request to provide them with a public service can act as applicants. The interests of applicants may be represented by legal representatives or persons authorized by the applicant in the prescribed manner.
Cost of the service and payment procedure:
For free
List of required information:
Request (application) for the provision of public services (original, 1 pc.)
- Required
- Available without return
The request is made in accordance with Appendix 1 to these Regulations. On the Portal, the applicant has the opportunity to fill out an interactive request form.
List of documents in the form in accordance with Appendix 6 to these Regulations (submitted if a request is submitted electronically using the Portal) (original, 1 pc.)
- Required
- Available without return
Identity document of the applicant (original, 1 pc.)
- Required
Identification document of the applicant's representative in accordance with the Uniform Requirements (original, 1 pc.)
- Required
- Provided only for viewing (making a copy) at the beginning of the service
Document confirming the authority of the applicant's representative (original, 1 pc.)
- Required
- Available without return
Decision of the authorized body in the field of guardianship, trusteeship and patronage, confirming the powers of the legal representative (original, 1 pc.)
- Required
- Provided only for viewing (making a copy) at the beginning of the service
Birth certificate (except for cases where the birth certificate was drawn up and issued by the civil registry office of the city of Moscow after March 31, 2012 when registering a birth, as well as repeatedly or on the basis of a corrected (amended) birth record for the period from 1 January 1990) or a document confirming the birth and registration of a child, issued in the prescribed manner, if the owner of the transferred premises is a minor (for applicants under 14 years of age, as well as for orphans) (original, 1 PC.)
- Required
- Provided only for viewing (making a copy) at the beginning of the service
Title documents for the premises being transferred, the rights to which are not registered in the Unified State Register of Real Estate or the rights to which were registered before January 31, 1998 and are not at the disposal of the Department (originals or notarized copies) (original, 1 pc.)
- Required
- Available without return
A project for the reconstruction and (or) redevelopment of the transferred premises prepared and executed in accordance with the established procedure (original, 1 pc.)
- Required
- Available without return
The decision of the general meeting of owners of premises in an apartment building, documented in minutes, on the issue of transfer for use when planning the production of work, the implementation of which is associated with the transfer for use of part of the common property (original, 1 pc.)
- Required
- Available without return
Consent of each owner of all premises adjacent to the premises being transferred to the transfer of residential premises to non-residential premises. Consent is drawn up in accordance with Part 2.2 of Article 23 of the Housing Code of the Russian Federation (original, 1 pc.)
- Required
- Available without return
A single housing document (in its absence - a copy of a financial personal account or an extract from the house register), issued no later than 30 calendar days before the day of application for the provision of a public service, or another document indicating the absence of citizens registered at the place of residence (original, 1 PC.)
- Required
- Available without return
Registration and technical documentation for the premises (original, 1 piece)
- Required
- Available without return
Floor plan of the house in which the room being transferred is located (floor plans of all floors in the house) (original, 1 pc.)
- Required
- Available without return
Conclusion of the organization carrying out technical accounting and technical inventory of capital construction projects on the compliance of the transferred non-residential premises with the requirements for residential premises (original, 1 pc.)
- Required
- Available without return
Conclusion of an organization accredited to carry out sanitary and epidemiological examination, investigation, survey and other types of assessments (original, 1 pc.)
- Required
- Available without return
Conclusion of an organization accredited for the right to conduct an examination of design documentation and engineering survey results on the compliance of the non-residential premises being transferred with the requirements for residential premises (original, 1 pc.)
- Required
- Available without return
The list of documents that the applicant has the right to submit at his own request can be found in the administrative regulations in the section “Documents required for the provision of public services” (original, 1 pc.)
- Can be received during the provision of the service
- Available without return
Terms of service provision
34 working days
The basis for suspending the provision of a public service is the approval of a draft decision on the transfer of residential premises to non-residential premises in the event of an applicant’s request regarding the transfer of residential premises to non-residential premises with the Council of Deputies of the municipal district on whose territory the transferred premises are located.
Suspension period: 62 working days
The basis for suspending the provision of public services is the preparation and holding of a meeting of the Interdepartmental Commission of the city of Moscow to determine the compliance of non-residential premises with the requirements for residential premises, in the event of an applicant’s request regarding the transfer of non-residential premises to residential premises.
The suspension period does not exceed 60 working days from the date of the decision to suspend the provision of public services.
When personally delivering a decision to suspend the provision of a public service to the applicant at the MFC, it does not exceed 62 working days.
Suspension period: 62 working days
The basis for suspending the provision of public services is to conduct a survey of the owners of premises in the apartment building in which the transferred premises are located, by sending them requests, as well as to the organization that manages the building, the building council (if any) in the event of a general meeting of owners of premises in the apartment building .
The suspension period does not exceed 60 working days from the date of the decision to suspend the provision of public services.
When personally delivering a decision to suspend the provision of a public service to the applicant at the MFC, it does not exceed 62 working days.
Suspension period: 62 working days
The basis for suspension of the provision of a public service is the receipt of a conclusion on the possibility of reconstruction and (or) redevelopment of the premises transferred from residential (non-residential) to non-residential (residential) premises, by sending a project for reconstruction and (or) redevelopment of the transferred premises (if the reconstruction and (or) redevelopment is required to ensure the use of such premises as residential or non-residential premises) to the Moscow Housing Inspectorate.
The suspension period does not exceed 60 working days from the date of the decision to suspend the provision of public services.
When personally delivering a decision to suspend the provision of a public service to the applicant at the MFC, it does not exceed 62 working days.
Suspension period: 17 working days
The need for the applicant to submit the document and (or) information necessary for the transfer of residential premises to non-residential premises or non-residential premises to residential premises, if the Department receives a response from a state authority, local government body or organization subordinate to a state authority or local government body to an interdepartmental a request indicating the absence of the requested document and (or) information, as well as in the absence of information about the details (series, number, date and place of issue) of the document specified in clause 2.5.1.2.6 of the Administrative Regulations in the Basic Register information, or absence in the Basic Register of documents specified in paragraph 2.5.1.2 of the Administrative Regulations.
The suspension period does not exceed 15 working days from the date of the decision to suspend the provision of public services.
When personally delivering a decision to suspend the provision of a public service to the applicant at the MFC, it does not exceed 17 working days.
Result of service provision
Issued:
- Decision to transfer residential (non-residential) premises to non-residential (residential) premises (original, 1 pc.)
The form and method of obtaining a document and (or) information confirming the provision of a public service (including refusal to provide a public service) is indicated by the applicant in the request.
- Decision to transfer residential (non-residential) premises to non-residential (residential) premises (original, 1 pc.)
Receipt forms
Through a legal representative
On the WEB site
through MFC
- Explication and floor plan of the premises
- You should obtain a power of attorney from the Property Management Department to order an explication and floor plan from the BTI (Bureau of Technical Inventory). The following documents must be provided:
- Russian passport and notarized power of attorney;
- document of ownership of the premises (purchase and sale agreement, certificate of inheritance, transfer agreement, extract from the Unified State Register of Real Estate about the object real estate etc.).
- After receiving the power of attorney, the owner or authorized representative orders an explanation with the floor plan from the BTI.
- You should obtain a power of attorney from the Property Management Department to order an explication and floor plan from the BTI (Bureau of Technical Inventory). The following documents must be provided:
- Technical passport of the premises with a technical plan (to be ordered from the BTI and MFC)
- Fire inspection report (indicates that the premises comply with all fire standards).
A statement of the established form is written at the State Fire Supervision Department of the Ministry of Emergency Situations. Then a fire inspector comes out to inspect the premises for compliance with fire safety requirements. Afterwards a conclusion is issued. - Conclusion of sanitary and epidemiological surveillance. Issued by the SES (Sanitary and Epidemiological Stations) of the region. After submitting the application, a SES employee leaves to inspect the premises to ensure compliance with sanitary standards. Based on the results, a conclusion is issued by the SES.
- Help DEZ. Issued in management company.
- Consent of neighbors. If the premises are located in an apartment building, then the consent of the neighbors who are the owners of the apartments is required.
- Technical conclusion. Issued by the management company, based on an application, passport and document confirming ownership of the premises. The technical report specifies the technical condition of the entire building (the building should not be in disrepair or subject to demolition).
- Extract from the house register. Issued at the passport office, it is necessary to confirm that no one is registered in the premises.
- Project for the conversion of residential premises into non-residential ones. The project is ordered from a licensed design company.
- All of the above documents and certificates;
- Russian Federation passports;
- Document of ownership of the premises;
- Notarized power of attorney, if the translation is carried out by an authorized person;
- If applies entity, then the constituent documents of the company whose representative the person is.
- The terms of the transfer were not met,
- Not all documents were provided
- The consent of other owners was not obtained.
- Russian passport;
- document of ownership of the premises;
- protocol of the interdepartmental commission;
- explication and floor plan, technical passport;
- if the translation is carried out by an authorized person, then a notarized power of attorney;
- if a legal entity is applying, you also need the constituent documents of the company of which the person is a representative.
- Russian Federation passport and power of attorney, if a proxy is acting;
- Protocols of the interdepartmental commission and the BTI commission;
- Constituent documents company, if a legal entity applies.
- it does not have a separate entrance and it is impossible to equip such an entrance;
- it is part of the living space;
- someone permanently lives in it;
- it is burdened with the rights of any persons.
- OSS protocol, in which the transfer of residential premises to non-residential status was approved;
- written consent of each owner of all apartments adjacent to the future non-residential premises.
- last name, first name and patronymic, passport details - for individuals;
- name and main registration number - for a legal entity,
- in a house with one entrance, the OSS will be valid if the owners who have more than 2/3 of the total number of votes in the house participate in it;
- in a house with two or more entrances, for the legitimacy of the OSS, the owners who have more than 50% of the votes of the total number of votes in the house must take part in it, including the owners of the premises in the entrance of which the transferred premises are located, who have more than ⅔ of the votes of the total number votes of such owners.
- Changing the status of an apartment will require the consent of the general meeting of owners, which will be legitimate with the participation of at least ⅔ from the owners of the premises in the entrance where such an apartment is located.
- All owners of all premises adjacent to the specified apartment must give written consent to the transfer.
Registration at the Central State University
If you want to apply for a government service in person at the “My Documents” center, you can use the formYou can go to the executive authorities of the city of Moscow as part of a pre-trial appeal.
Pre-trial (out-of-court) procedure for appealing decisions and actions (inaction) of the Department, the State Budgetary Institution of the MFC of the city of Moscow and the State Institution of the Moscow Center of Science, officials, civil servants of the Department, employees of the MFC and the State Institution of the Moscow Center of Science
1. The applicant has the right to file a pre-trial (out-of-court) complaint against decisions and (or) actions (inaction) taken (committed) in the provision of public services by the Department, the State Budgetary Institution of the MFC of the city of Moscow and the State Public Institution of the MCN , officials, civil servants of the Department, employees of the MFC and the State Public Institution of the MCN.
2. The filing and consideration of complaints is carried out in the manner established by Chapter 2.1 of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services”, the Regulations on the specifics of filing and consideration of complaints about violations of the procedure for the provision of public services in the city of Moscow , approved by Decree of the Moscow Government of November 15, 2011 N 546-PP “On the provision of state and municipal services in the city of Moscow”, these Regulations.
3. Applicants may file complaints in the following cases:
3.1. Violations of the deadline for registering a request (application) and other documents necessary for the provision of public services, as well as the procedure for processing and issuing a receipt for receiving a request and other documents (information) from the applicant.
3.2. Requirements from the applicant:
3.2.1. Documents or information or the implementation of actions, the provision or implementation of which is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow for the provision of public services, including documents obtained using interdepartmental information interaction.
3.2.2. Applications for the provision of services not included in the list of services approved by the Moscow Government that are necessary and mandatory for the provision of public services.
3.2.3. Payment of fees for the provision of public services not provided for by regulatory legal acts of the Russian Federation and the city of Moscow.
3.2.4. Documents or information, the absence and (or) unreliability of which was not indicated during the initial refusal to accept documents necessary for the provision of a public service, or in the provision of a public service, except for the cases provided for in paragraph 4 of part 1 of Article 7 of the Federal Law of July 27, 2010 . No. 210-FZ “On the organization of the provision of state and municipal services.” This provision, in the event of a pre-trial (out-of-court) appeal by the applicant against decisions and actions (inaction) of the MFC, an MFC employee regarding the initial refusal to provide a public service, applies if the MFC is entrusted with the function of providing the relevant public services in full in the manner specified in Part 1.3 Article 16 of the Federal Law of July 27, 2010 No. 210-FZ “On the organization of the provision of state and municipal services.”
3.3. Violations of the deadline for the provision of public services.
3.4. Refusal to the applicant:
3.4.1. In accepting documents, the submission of which is provided for by the regulatory legal acts of the Russian Federation and the city of Moscow for the provision of public services, on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
3.4.2. In the provision of public services on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
3.4.3. In the correction of typographical errors and errors in documents issued as a result of the provision of public services, or in case of violation of the established deadline for such corrections.
3.5. Other violations of the procedure for providing public services established by regulatory legal acts of the Russian Federation and the city of Moscow.
4. Complaints about decisions and (or) actions (inaction) of officials, state civil servants of the Department and employees of the State Public Institution MCN are considered by the head (authorized deputy head) of the Department.
Complaints about decisions and (or) actions (inaction) of the head of the Department, including decisions made by him or his authorized deputy on complaints received in a pre-trial (extrajudicial) manner, are considered by a higher executive body of the city of Moscow in accordance with clauses 5.6, 6 Appendix 6 to the resolution of the Moscow Government of November 15, 2011 N 546-PP “On the provision of state and municipal services in the city of Moscow”.
Complaints about decisions and (or) actions (inaction) of MFC employees committed in the provision of public services on the “one window” principle in accordance with the interaction agreement concluded with the Department are considered by the director (authorized deputy director) of the State Budgetary Institution of the MFC of the city of Moscow.
Complaints about decisions and (or) actions (inaction) of the director (authorized deputy director) of the State Budgetary Institution of the MFC of the city of Moscow, accepted on complaints received in a pre-trial (extrajudicial) manner, are considered by a higher executive body of the city of Moscow in accordance with paragraphs 5.6, 6 of Appendix 6 to Resolution of the Moscow Government of November 15, 2011 N 546-PP “On the provision of state and municipal services in the city of Moscow.”
5. Complaints can be submitted to the bodies authorized to consider complaints in accordance with these Regulations (hereinafter referred to as the bodies and organizations authorized to consider complaints), in writing on paper, in electronic form in one of the following ways:
5.1. Upon personal application by the applicant (applicant’s representative).
5.2. Through MFC.
5.3. By post.
5.4. Using the Portal if appropriate technical capabilities are available.
5.5.5. Using the official websites of bodies and organizations authorized to consider complaints on the Internet.
6. The complaint must contain:
6.1. The name of the body (organization) authorized to consider the complaint or the position and (or) last name, first name and patronymic (if any) of the relevant official to whom the complaint is sent.
6.2. The name of the executive authority of the city of Moscow, the MFC or the position and (or) surname, first name, patronymic (if any) of the official, civil servant, employee whose decisions and (or) actions (inaction) are being appealed.
6.3. Last name, first name, patronymic (if available), information about the applicant’s place of residence - individual, including registered as an individual entrepreneur, or the name, information about the location of the applicant - a legal entity, as well as contact telephone number(s), email address(es) (if available) and postal address to which the application should be sent response to the applicant.
6.4. The date of submission and registration number of the request (application) for the provision of a public service (except for cases of appealing the refusal to accept the request and its registration).
6.5. Information about decisions and (or) actions (inactions) that are the subject of appeal.
6.6. Arguments on the basis of which the applicant does not agree with the appealed decisions and (or) actions (inactions). The applicant may submit documents (if any) confirming the applicant’s arguments, or copies thereof.
6.7. Applicant's requirements.
6.8. List of documents attached to the complaint (if any).
6.9. Date of filing the complaint.
7. The complaint must be signed by the applicant (his representative). If a complaint is filed in person, the applicant (applicant's representative) must provide an identification document.
The authority of the representative to sign the complaint must be confirmed by a power of attorney issued in accordance with the legislation of the Russian Federation.
The powers of a person acting on behalf of an organization without a power of attorney on the basis of the law, other regulatory legal acts and constituent documents are confirmed by documents certifying his official position, as well as the constituent documents of the organization.
The status and powers of legal representatives of an individual are confirmed by documents provided for by federal laws.
8. A received complaint must be registered no later than the working day following the day of receipt.
9. The maximum period for consideration of a complaint is 15 working days from the date of its registration. The period for consideration of the complaint is 5 working days from the date of its registration in cases of appeal by the applicant:
9.1. Refusal to accept documents.
9.2. Refusal to correct typos and errors made in documents issued as a result of the provision of public services.
9.3. Violations of the deadline for correcting typos and errors.
10. Based on the results of consideration of the complaint, a decision is made to satisfy the complaint (in whole or in part) or to refuse to satisfy the complaint.
11. The decision must contain:
11.1. The name of the body or organization that considered the complaint, position, surname, first name, patronymic (if any) of the official who made the decision on the complaint.
11.2. Details of the decision (number, date, place of adoption).
11.3. Last name, first name, patronymic (if any), information about the place of residence of the applicant - an individual or name, information about the location of the applicant - a legal entity.
11.4. Last name, first name, patronymic (if any), information about the place of residence of the applicant’s representative who filed the complaint on behalf of the applicant.
11.5. Method of filing and date of registration of the complaint, its registration number.
11.6. Subject of the complaint (information about the decisions, actions, or inactions being appealed).
11.7. The circumstances established during the consideration of the complaint and the evidence confirming them.
11.8. Legal grounds for making a decision on a complaint with reference to the applicable regulatory legal acts of the Russian Federation and the city of Moscow.
11.9. The decision taken on the complaint (conclusion on the satisfaction of the complaint or refusal to satisfy it).
11.10. Measures to eliminate identified violations and deadlines for their implementation (if the complaint is satisfied).
11.11. Information about the actions carried out by the executive authority of the city of Moscow, the local government body, an organization subordinate to the executive authority and the local government body that provides public services, the MFC in order to immediately eliminate identified violations in the provision of public services, as well as apologies for the inconvenience caused and information about further actions that the applicant needs to take in order to receive public services (if the complaint is satisfied).
11.12. Reasoned explanations about the reasons for the decision made (in case of refusal to satisfy the complaint).
11.13. Procedure for appealing a decision.
11.14. Signature of the authorized official.
12. The decision is made in writing using official forms.
13. The measures to eliminate identified violations specified in the decision include:
13.1. Cancellation of previously made decisions (in whole or in part).
13.2. Ensuring the acceptance and registration of the request, execution and issuance of a receipt to the applicant (in case of evasion or unreasonable refusal to accept documents and their registration).
13.3. Ensuring registration and delivery to the applicant of the result of the provision of a public service (in case of evasion or unreasonable refusal to provide a public service).
13.4. Correction of typos and errors made in documents issued as a result of the provision of public services.
13.5. Return to the applicant Money, the collection of which is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
14. The body or organization authorized to consider the complaint refuses to satisfy it in the following cases:
14.1. Recognition of the appealed decisions and (or) actions (inactions) as legal and not violating the rights and freedoms of the applicant.
14.2. Filing a complaint by a person whose powers have not been confirmed in the manner established by regulatory legal acts of the Russian Federation and the city of Moscow.
14.3. The applicant does not have the right to receive public services.
14.4. Availability:
14.4.1. A court decision on the applicant’s complaint with identical subject matter and grounds that has entered into legal force.
14.4.2. Decisions on a complaint made earlier in a pre-trial (out-of-court) manner in relation to the same applicant and on the same subject of the complaint (except for cases of appealing previously made decisions to a higher authority).
15. The complaint must be left unanswered on its merits in the following cases:
15.1. The presence in the complaint of obscene or offensive language, threats to the life, health and property of officials, as well as members of their families.
15.2. If the text of the complaint (part of it), last name, postal address and email address are not readable.
15.3. If the complaint does not indicate the name of the applicant (the applicant's representative) or the postal address and email address to which the response should be sent.
15.4. If the body or organization authorized to consider the complaint received a request from the applicant (the applicant’s representative) to withdraw the complaint before a decision on the complaint is made.
16. The decision to satisfy the complaint or to refuse to satisfy the complaint is sent to the applicant (the applicant’s representative) no later than the working day following the day of its adoption, to the postal address specified in the complaint. At the request of the applicant, the decision is also sent to the email address specified in the complaint (in the form of an electronic document signed with the electronic signature of an authorized official). In the same manner, the applicant (the applicant’s representative) is sent a decision on the complaint, in which only an email address is indicated for the response, and the postal address is missing or cannot be read.
17. If the complaint is left unanswered on the merits, the applicant (his representative) is sent, no later than the working day following the day of registration of the complaint, a written motivated notification indicating the grounds (except for cases where the postal address and email address are not indicated in the complaint email for a response or they are unreadable). The notice is sent in the manner established for sending a decision on a complaint.
18. A complaint filed in violation of the rules on competence established by paragraph 5.4 of these Regulations is sent no later than the working day following the day of its registration to the body authorized to consider the complaint, with simultaneous written notification to the applicant (his representative) about the redirection complaints (except for cases where the complaint does not indicate a postal address and email address for a response or they are not legible). The notice is sent in the manner established for sending a decision on a complaint.
19. Filing a complaint in a pre-trial (out-of-court) manner does not exclude the right of the applicant (applicant’s representative) to simultaneously or subsequently file a complaint in court.
20. Informing applicants about the judicial and pre-trial (extrajudicial) procedure for appealing decisions and (or) actions (inactions) committed in the provision of public services should be carried out by:
20.1. Placing relevant information on information stands or other sources of information in places where public services are provided.
20.2. Consulting applicants, including by telephone, email, and in person.
21. If, during or as a result of consideration of a complaint, signs of an administrative offense or crime are established, the official empowered to consider the complaint immediately forwards the available materials to the prosecutor’s office.
On amendments to the resolution of the Moscow Government of October 27, 2015 No. 692-PP (DGI) No. 1170-PP. Resolution dated 2019-09-10, legal regulation directly regulating the provision of GI
Grounds for refusal to provide services
The grounds for refusal to provide public services are:
1. Submission of a request and other documents necessary for the provision of public services that do not comply with the requirements established by legal acts of the Russian Federation, legal acts of the city of Moscow, Uniform Requirements, these Regulations, if these circumstances were established by the Department in the process of processing the documents (information) required to provide public services.
2. Loss of validity of submitted documents if this circumstance was established by the Department in the process of processing documents (information) necessary for the provision of public services.
3. The presence of contradictory or unreliable information in the submitted documents, if these circumstances were established by the Department in the process of processing documents (information) necessary for the provision of public services.
4. An application for the provision of a public service by a person who is not an applicant for the provision of a public service in accordance with these Regulations, if this circumstance was established by the Department in the process of processing documents (information) necessary for the provision of a public service.
5. Revocation by the coordinating organization in the process of processing documents and information necessary for the provision of public services of a previously made decision (if it was received before the expiration of the period for the provision of public services).
6. Submission of an incomplete set of documents necessary for the provision of public services, provided for in paragraph 2.5.1.1 of these Regulations, if the specified basis was identified by the Department during the procedure for making a decision on the provision of public services.
7. Conclusion of the Interdepartmental Commission of the City of Moscow to determine the compliance of non-residential premises with the requirements for residential premises, on the non-compliance of the premises transferred to residential premises with the requirements established by Decree of the Government of the Russian Federation of January 28, 2006 No. 47.
8. Failure to comply with the requirements established by the Housing Code of the Russian Federation to obtain the consent of the owners of premises in an apartment building, including when holding a general meeting of owners of premises in an apartment building.
9. Non-compliance of the project for reconstruction and (or) redevelopment of the premises with the requirements of the law.
10. Failure to comply with the conditions for transferring residential (non-residential) premises to non-residential (residential) premises as provided for in Article 22 of the Housing Code of the Russian Federation.
11. Non-compliance of the minutes of the general meeting of owners of premises in an apartment building with the requirements of the Housing Code of the Russian Federation, as well as with the requirements established by the federal executive body exercising the functions of developing and implementing public policy and legal regulation in the field of housing and communal services, if this circumstance was established by the Department in the process of processing documents (information) necessary for the provision of public services.
Grounds for refusal to accept documents
The applicant is refused to accept documents necessary for the provision of public services if the following grounds exist:
1. The submitted request and other documents necessary for the provision of public services do not comply with the requirements established by legal acts of the Russian Federation, legal acts of the city of Moscow, Uniform Requirements, and these Regulations.
2. Submission by the applicant of documents that have lost force (if the validity period of the document is indicated in the document itself or determined by law, as well as in other cases provided for by the legislation of the Russian Federation, legal acts of the city of Moscow).
3. The applicant has submitted an incomplete set of documents necessary for the provision of public services, provided for in paragraph 2.5.1.1 of these Regulations, which are subject to mandatory submission by the applicant (including if the request for the provision of public services was submitted by the applicant in electronic form using the Portal).
4. The submitted documents contain unreliable and (or) contradictory information.
5. Submission of a request on behalf of the applicant by an unauthorized person.
6. Application for the provision of a public service by a person who is not a recipient of the public service in accordance with these Regulations (if the specified basis can be identified when receiving the request and documents necessary for the provision of the public service).
7. The applicant’s application for a public service to the executive authority of the city of Moscow, a local government body, an organization subordinate to the executive authority or a local government body that does not provide the public service required by the applicant.
8. The applicant’s request for a public service in relation to premises for which the provision of public services has not been completed.
9. The applicant’s request for a public service on the issue of transfer to the housing stock in relation to premises located in a non-residential building or residential building (not an apartment building).
10. The applicant’s application for a government service on the issue of changing the functional purpose of the building (with the exception of an individual residential building provided for in Part 2 of Article 16 of the Housing Code of the Russian Federation or being transferred to an individual residential building).
11. Expiration of the period for suspension of the public service, if during the period the circumstances that served as the reasons for the suspension of the provision of the public service were not eliminated (applied if there are grounds provided for in paragraph 2.9.1.1 of these Regulations).
12. Failure to comply with the requirements provided for in Article 46 of the Housing Code of the Russian Federation regarding the submission of originals of decisions and minutes of the general meeting of owners of premises in an apartment building to the state housing supervision authority (if the general meeting of owners was held since January 11, 2018).
13. Inconsistency of the minutes of the general meeting of owners of premises in an apartment building with the requirements of the Housing Code of the Russian Federation, as well as with the requirements established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of housing and communal services.
Additional grounds for refusal to accept documents required for the provision of public services in electronic form using the Portal are:
1. Incorrect completion of required fields in the interactive request form on the Portal.
2. The request and other documents in electronic form are signed using an electronic signature that does not belong to the applicant.
3. The presence of conflicting information in the submitted documents and in the interactive request.
Department.
Stage 1 - collection necessary documents and appeal to the interdepartmental commission to authorize the transfer
1. First, you need to collect documents submitted to the Property Management Department to authorize the transfer of residential premises to commercial ones. The collection of documents is carried out by one of the owners, or a person by proxy.
2. After collecting the above documents, all owners or an authorized representative should contact the Property Management Department to authorize the transfer (a statement of the established form is written indicating the reason for the transfer).
Also provided:
3. Consideration by the commission of the application for transfer. The review period is 45 days, then within 3 days a protocol is issued or sent by mail.
Possible reasons for refusal:
Stage 2: Contact the BTI (Bureau of Technical Inventory) or the MFC to determine the cost of transferring the premises
1. All owners or an authorized representative must contact the BTI department of privatization and housing stock or the MFC (Multifunctional Center/My Documents) and write a statement in the established form.
Attach to the application (originals and copies):
2. Based on the application and the above documents, the commission of the department of privatization and management of housing. fund, decides on the cost of transferring the premises.
Stage 3: Registration of ownership rights to the premises with the Federal Registration Service
1. All owners of the premises or an authorized representative must contact the MFC or the Federal Registration Service with the following documents (originals and copies):
2. All owners must sign applications that are filled out by an employee of the Federal Registration Service.
3. Payment of state duty
4. Originals and copies of submitted documents are collected by the registrar.
5. On the designated day, all owners pick up the documents.
The State Duma of the Russian Federation in the third reading adopted a bill on new rules for transferring residential premises in an apartment building to non-residential ones. We tell you what will change in the process of changing the status of residential premises in accordance with the bill and what additions in this regard will be made to the Housing Code of the Russian Federation.
The procedure for transferring housing stock to the status of non-residential premises is specified in Art. Art. 22 - 23 Residential Complex of the Russian Federation
The basic rules for transferring residential premises to non-residential premises and back in an apartment building are prescribed in Art. Art. 22 - 23 Housing Code of the Russian Federation. In the current version, Part 2 of Art. 22 of the RF Housing Code states that it is impossible to change the status of a premises to non-residential if:
If everything specified in Art. 22 of the Housing Code of the Russian Federation, the conditions are met, then the owner of the residential premises must apply to the local government body with an application to transfer the apartment to the status of non-residential premises. He must attach to the application documents certifying ownership: originals or notarized copies (Part 2 of Article 23 of the Housing Code of the Russian Federation).
If the local self-government body makes a positive decision to change the status of the apartment, then it must notify the owners of the premises adjacent to such an apartment (Part 5 of Article 23 of the Housing Code of the Russian Federation).
The new law will oblige apartment owners to obtain the consent of the OSS for its transfer to non-residential premises
The current rules will be tightened in connection with the adoption by the State Duma of the Russian Federation in the third reading of bill No. 542922-7. At the time of writing, it had already been approved by the Federation Council of the Russian Federation and sent to the President of the Russian Federation for signing.
After the law is signed and comes into force, in order to transfer residential premises to non-residential premises, the owner will need not only to provide a separate entrance to the premises, but also to exclude the possibility of access to it through the rooms and corridors that are used to enter the residential premises of the house. That is, when converting an apartment into an office, the owner will have to, in fact, wall up the door that leads to the entrance.
Not only will the conditions for transferring the residential premises of an apartment building into non-residential ones be added, but also the list of necessary documents in accordance with Part 2 of Art. 23 Housing Code of the Russian Federation. The owner will be required to provide the local self-government body with:
Consequently, without the demand of the majority of apartment owners in apartment buildings, it will no longer be possible to transfer one of them to the status of non-residential premises. If at least one neighbor refuses such a transformation of the adjacent living space, then it will no longer be possible to convert the apartment into non-residential premises.
The owner will have to obtain written consent from the owners of adjacent premises
In Art. 23 of the Housing Code of the Russian Federation, a separate part will appear, which will describe in detail which premises are considered adjacent and how its owner must express his consent to the transfer of the neighboring apartment to non-residential premises.
Any room that has a common wall with an apartment changing its status, as well as those located above and below it, will be recognized as adjacent. The owners of all these premises must express written consent to the transfer of the apartment to non-residential premises. Consent is given in any form.
In written confirmation of consent, the owner of the adjacent premises must include:
as well as the number of the premises belonging to him and details of documents confirming ownership.
A separate quorum of the OSS will appear in the Housing Code of the Russian Federation on the issue of transferring the housing stock to non-residential premises
Since in order to transfer the premises to non-residential status, the owner will need to provide a copy of the minutes of the general meeting held in the MKD on this issue, Bill No. 542922-7 will make appropriate amendments to the articles of the Housing Code of the Russian Federation regarding the conduct of the OSS.
Thus, the competence of the general meeting of owners includes a decision on consent to the transfer of residential premises to non-residential premises - in Part 2 of Art. 44 of the RF Housing Code will be included in clause 4.5.
Part 3 of Art. will also undergo an important change. 45 of the RF Housing Code on the quorum of the general meeting. Currently, the OSS is always considered competent under one condition: if owners with more than 50% of the total number of votes took part in it.
According to bill No. 542922-7, clarification will appear in this part of the RF Housing Code. If a meeting is held on the issue of transferring residential premises to non-residential premises, the quorum will depend on the number of entrances in the house:
It turns out that an owner who wants to convert a residential property into a non-residential one will be able to do this only if at least ⅔ of his neighbors at the entrance come to the meeting, and all those present cast 50% + 1 vote in favor. The corresponding condition for making decisions at the OSS will be included in Art. 46 Housing Code of the Russian Federation.
The owners of the premises in the house will jointly decide on the appearance of a new non-residential premises in the house
The amendments that will be made to the Housing Code of the Russian Federation by the new federal law will significantly complicate the transfer of residential premises in an apartment building to non-residential ones to accommodate offices, shops and other establishments that cause dissatisfaction among residents. With the entry into force of the new Federal Law, the owners of such premises will have to take into account the opinions of their neighbors.
This will also complicate the work of owners of hostels and hotels located in apartment buildings, the premises of which are considered residential. According to the Federal Law of April 15, 2019 No. 59-FZ, from October 1, 2019, changes are being made to Part 3 of Art. 17 of the Housing Code of the Russian Federation: it is prohibited to set up hotels in residential premises, as well as to use residential premises in apartment buildings for the provision of hotel services.
The owners of hostels and hotels already operating in the apartment complex will have to transfer the premises to non-residential status, and after bill No. 542922-7 is signed and comes into force, they will have to ask permission to conduct such a business from all residents of the building.
Keep in mind
After the new federal law comes into force, the procedure for transferring residential premises in an apartment building to non-residential ones will change:
It should also be remembered that the reconstruction of a living space - for example, installing a new entrance in accordance with the requirements of Part 2 of Art. 22 of the Housing Code of the Russian Federation - when using part of the common property of the owners of an apartment building, it also requires that the owner of such premises bring the issue to the OSS. When reducing the area of the common property of the house, he will need the consent of 100% of the owners in the house.
In the absence of the specified documents, including OSS protocols, the use of residential premises as non-residential or its reconstruction will be illegal.
P.S. The bill was signed by the President of the Russian Federation, registered as Federal Law No. 116-FZ dated May 29, 2019, and will come into force on June 9, 2019.
