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How to transfer living quarters to non-residential: all the details of the matter

In the last two decades, the country has been making leaps and bounds in the development and development of private entrepreneurship. Along with this, for business premises, areas that were originally inhabited are increasingly being used. Especially it concerns the apartments located on the first floors of buildings. In cities, it is increasingly possible to see houses in which the lower floors have completely gone under stores, cafes, offices, offices, salons and other facilities. Naturally, before the economic entities that purchase apartments for commercial use, the question inevitably arises: "How to transfer a dwelling to non-residential premises?" The question is quite complicated, coupled with a lot of formalities and permits from various instances.

First of all, it is worth asking, in which cases the refusal is justified by the norms of the housing code. For example, how to transfer a dwelling to non-residential premises, if it violates the interests of other people who have rights to a part of this area? Also, the transfer will not take place if access to commercial premises is impossible without the use of areas common to residential. You can not do this even if this apartment is used by the owner as the main dwelling. A negative answer will be if the technical conditions of the house or apartment do not meet the standards for commercial premises.

To get permission to transfer to an uninhabited fund of an apartment in a residential building, the first thing to do is to contact the city department (department) of architecture and town planning. It will be necessary to address more than once, but the first visit will provide recommendations on the necessary documents, approvals and in general all procedural moments. Next you need to be patient and go through all the circles of your native bureaucratic hell. But the most unpleasant awaits the owner of the square at the very beginning of the road. Before moving the living quarters into non-residential premises, it will be necessary to bypass the "bow" of all the tenants of the house and get a notarized "do not mind" from them. It can hardly be expected that this process will be painless. A few years ago, the order was different: permission was required only from neighbors on the right, left and above. The new order has not taken root elsewhere, somewhere else, the golden rule of reconciliation with neighbors on the staircase has been preserved.

Immediately before moving the living quarters into non-residential premises, it is necessary to prepare the following documents:

  • A statement on the withdrawal of the apartment from the housing stock, indicating the profile of future business activities;
  • Documents confirming the ownership of the apartment ;
  • Technical passport of the apartment;
  • Floor plan of the whole house;
  • Consent of neighbors.

Most often, the owner of the transferred area plans to make a redevelopment in the apartment. In this case, he must include in the package of documents and procedures for redevelopment of premises. By the way, this moment will also have to be coordinated with neighbors on adjacent apartments. It is desirable to approve the new plan at the BTI before moving the dwelling into non-residential premises, having previously summoned the equipment to the house.

Further, in the architecture department it is necessary to provide permissive documents from the sanitary and epidemiological station, fire safety authorities, gas and energy services. It should be taken into account that the cost of housing and communal services for non-residential premises differs from the cost in the residential fund in the direction of increase.

If after all appeals and expectations the owner receives a refusal, he has every reason to apply to the court. Practice shows that often this way is the shortest in the procedure for the withdrawal of premises from the housing stock in non-residential.

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