The hotel is a residential or public building

I. General provisions

1. In accordance with the Regulations “On state accounting of the housing stock in the Russian Federation”, approved by Decree of the Government of the Russian Federation of October 13, 1997 N 1301, technical accounting of the housing stock is assigned to specialized state and municipal organizations of technical inventory - unitary enterprises, services, departments , centers, bureaus (hereinafter referred to as BTI), the methodological support of which is provided by a state specialized organization.

The federal state statistical observation form “Information on the housing stock” is filled out by organizations (bureaus) of technical inventory (BTI) for the entire housing stock, regardless of its ownership and forms of ownership, and is submitted to the state statistics body at the place established by the territorial body of the State Statistics Committee of Russia in the republic, region, region, a city of federal significance.

Housing stock - the totality of all residential premises, regardless of form of ownership, including residential buildings, specialized houses (dormitories, hotels - shelters, houses of flexible stock, residential premises from the housing stock for the temporary settlement of forced migrants and persons recognized as refugees, special houses for single people for the elderly, boarding houses for the disabled, veterans and others), apartments, office premises and other residential premises in other buildings suitable for habitation.

A residential building (house) is considered to be a structure that has a postal number (address approved by an administrative document of a local government body), all or at least half of the area of ​​which is intended for permanent residence, located on a land plot within certain boundaries with all auxiliary structures and elements located on it improvement, a building suitable for permanent residence, in which residential premises make up more than half of the area of ​​the building.

Are hotels and apartments classified as residential or non-residential?

Residential buildings are divided into multi-apartment and single-apartment buildings.

The report includes residential buildings (houses), barracks, residential buildings made of prefabricated panel and frame-fill structures that are temporarily empty for any reason (repair, re-equipment, etc.), empty (ownerless) houses or in which there is permanent vacancy reside.

The number of residential buildings (structures) does not include dachas, summer garden houses, hunting lodges, sports and tourist centers, motels, campsites, sanatoriums, holiday homes, boarding houses, houses for visitors, hotels, barracks, cells, railway trailers and other buildings, as well as premises intended for recreation, seasonal and temporary residence.

The area of ​​apartments in residential buildings does not include the area:

staircases, elevator halls, vestibules, common corridors, lobbies, galleries, balconies, loggias, terraces, unheated attics and mezzanines;

non-residential premises occupied by housing and operational organizations, shops, post offices, child care institutions, consumer service enterprises, etc.

Dilapidated buildings (houses) - stone houses with wear over 70%, wooden and other houses - over 65%.

Emergency buildings (houses) are determined by the competent commissions in a suspended manner.

Apartment is a residential premises consisting of one or more rooms and auxiliary premises (kitchen, bathroom, storage rooms, corridors), located in a residential or non-residential building.

Dormitory - a residential building or residential premises in residential buildings and non-residential buildings for which a single warrant has been issued. Dormitories also include special homes for the elderly, orphanages, boarding houses for the disabled, veterans, boarding schools at schools and boarding schools, shelters.

Types of housing stock:

Private housing stock:

fund owned by citizens: individual residential buildings, privatized, built and purchased apartments and houses, apartments in houses of housing and housing construction cooperatives with a fully paid share contribution, in houses of associations of individual apartment owners, apartments and houses purchased as property by citizens on other grounds provided by law;

a fund owned by legal entities (created as private owners), built or acquired at the expense of their funds, including at the expense of housing and housing construction cooperatives with an incompletely paid share contribution.

State housing stock:

departmental fund, which is in the state ownership of the Russian Federation and is under the full economic control of state enterprises or the operational management of state institutions belonging to federal state property;

a fund owned by the constituent entities of the Russian Federation, as well as a departmental fund that is under the full economic control of state enterprises or the operational management of state institutions related to the corresponding type of property.

Municipal housing stock:

a fund owned by a district, a city, its administrative territorial entities, including the cities of Moscow and St. Petersburg, as well as a departmental fund that is under the full economic control of municipal enterprises or the operational management of municipal institutions;

Public housing stock:

a fund owned by public associations;

Housing stock of mixed ownership - located in joint or shared ownership of various subjects of private, state, municipal property, and the property of public associations.

The concept of a mixed form of ownership corresponds to the current All-Russian Forms of Ownership (OKFS), approved by the State Standard of Russia (letter dated 07/05/99 N 210-14-321).

2. The form indicates the full name of the reporting organization in accordance with the constituent documents registered in the prescribed manner, and then the short name in brackets.

“Postal address” indicates the name of the territory, legal address with postal code.

The hotel is a residential or public building

» Contents The hotel is being built according to a project that reveals all aspects of design and technological solutions.

To pass the examination, the project must comply with current design standards and rules. In this material we will talk about the features of hotel design, the basic rules for designing a hotel building and the current standards for the design of hotel complexes (SNiP, SP, GOST, SanPiN).

Drawing up guidelines on this topic is not an easy task.

Its complexity is associated with the abundance of existing regulatory documentation, both new and outdated.

In general, the methods and basic concepts of design have not changed much over the past decades, but modern technologies have appeared, with which a number of old standards have lost their relevance. The use of new materials and equipment increases the reliability of the complex, saves space and resources. Therefore, one of the designer’s tasks is to achieve maximum benefits from the use of suitable technologies and at the same time obtain a positive expert opinion.

The requirements for the project are regulated by the current codes of practice (SP), which are developed and approved by the Ministry of Construction, the Ministry of Emergency Situations, and the Ministry of Health of Russia.

They are constantly updated, refined and changed, and there are situations when one document refers to another that is no longer valid or does not yet exist. You have to refer to both new and old regulations, and also take into account local urban planning regulations.

There are also international norms and rules for the design of hotel complexes, hotels and hotels (International Building Code (IBC)).

Hotel in a residential building - everything is according to the law

There is order No. 197 “On approval of the regulations on the state system of classification of hotels and other accommodation facilities.” It states that accommodation facilities include hotels, hostels, and models, and a room is one or more residential premises with the necessary equipment and furniture.

The Housing Code of the Russian Federation and, in particular, Article 19 defines hotels as housing stock for commercial use. Therefore, deciding what a hotel is (residential or non-residential premises) is irrelevant. A hotel in a general sense and with a certain status can be both residential and non-residential premises.

There is another question: is it possible for an owner to provide hotel services in a residential building?

In this sense, there are certain contradictions in the legislation. Thus, the following documents speak against placement:

• Decree of the Government of the Russian Federation No. 490 (dated April 25, 1997) “On the establishment of rules for the provision of hotel services” states that a hotel is a property complex that serves to provide services, and it belongs to the enterprise;
• The Civil Code (Article 288, paragraph 3) prohibits the location of production facilities (property complexes) in residential premises;
• GOST R 51185-2008 on tourist services and general requirements calls a hotel an enterprise that provides accommodation services and combines them with catering services, reception, etc.;

If you follow this logic, then there is no way to get by in a residential building without converting it to a non-residential building to accommodate a hotel.

However, there is another side to the coin. According to GOST 51185-2008, under a service agreement, the contractor gives up his premises for the residence of citizens. And if you look at the Federal Law “On the Sanitary and Epidemiological Welfare of the Population” and its Article 23, then it is prohibited to provide citizens with non-residential premises for living.

Is the hotel a residential or public building?

What regulatory document regulates the activities of hostels/hostels/mini-hotels?

people must live in the premises.

Since the hotel is a place for the provision of services, it is impossible to use residential premises as a hotel, so it must be transferred to non-residential stock.

To do this, you need to collect a package of documents:

• a notarized power of attorney for the organization that will handle the translation;
• notarized copies of documents for the premises (certificate of ownership, etc.);
• documents about the company (if a legal entity), its registration and tax registration certificate;
• and other documents as necessary.

After the transfer of the object, the owner must undergo certification in accordance with the Law “On the Fundamentals of Tourism Activities”. All objects of the tourism industry are classified by organizations accredited by executive authorities. Each hotel must have an appropriate certificate, the absence of which is subject to a fine under the Code of Administrative Offenses of the Russian Federation (from 7,000 to 10,000 rubles for officials, from 40,000 to 50,000 rubles for legal entities).

When is it not necessary to convert residential premises for a hotel into non-residential ones?

If residential premises owned by the owner will be rented out for residential purposes under contracts, then transfer to non-residential stock will not be required. The owner’s premises continue to be listed in the housing stock in accordance with Article 19 of the RF Housing Code. And the RF Civil Code (Article 288) gives owners the right to provide premises for rent under a contract to both individuals and legal entities.

However, in the latter case, it is worth remembering that if the premises remain residential, redevelopment is carried out, and it is passed off as a hotel, then it will not have its status. It will not be possible to register it according to all the rules; the hotel will be “gray”.

This means that its owner will lose some clients. After all, such a hotel will not be able to accommodate people coming on an official business trip, since they need reporting documents for the business trip. This hotel will also not be able to cooperate with travel agencies; it will have to look for clients and advertise itself.

If you plan to design the premises as a hotel, transfer to a non-residential property is required.

What type of hostel is it?

According to Article 92 of the Housing Code of the Russian Federation, residential premises belong to a special type of housing stock. Issues regarding the transfer of non-residential premises to residential ones are regulated by state or municipal authorities. A hostel is a residential area in which you can live for many years . A person can also register in it.

Kitchen

The kitchen is considered to be a utility room. It is often equated to a balcony. It is used to prepare food, eat food and use it as a place to store food. An exception may be modern studio kitchens, which additionally play the role of a living room or bedroom.

Important! The main criterion for legal registration of non-residential premises is the lack of direct access to common areas.

This includes a toilet, corridor and other premises that are also considered non-residential. Thus, the kitchen is a non-residential object, but an auxiliary one .

Hotel

A hotel can act as a residential space that is unsuitable for permanent residence. It is important to pay attention to sanitary, fire and building regulations.

Often these objects are built separately, rather than being built on sites where people previously lived. An exception may be the basement floors. A hotel is considered a non-residential premises; permanent residence is not permitted .

Hostel

By law, a hostel is considered a hostel intended for temporary stay. He cannot occupy living rooms. To install it, you need to remove the apartments from the housing stock, after which a lot of mandatory and necessary operations must be performed.

Attention! Non-residential premises can be located on the ground floor. As for the second, it can be transferred to non-residential stock only if the first floor is already occupied. An additional mandatory requirement is the installation of a separate entrance adjacent to the entrance to the entrance.

In essence, these two points are responsible for the peace of the residents of the house, in addition, they guarantee the fact that the stairwells will be clean and comfortable.

According to the new law, you cannot place a hostel in a building that is not intended for housing . Often, too low rental prices attract people who are going to open hostels. But this often indicates that sanitary standards have been violated in the basements, and that some difficulties may arise in the process of arranging a new room.

The ground floor is considered suitable for temporary occupancy of people. It can accommodate showers, a kitchen or a gym. As for the basement, this cannot be done here. Following the above, a hostel is a non-residential premises.

Country house

A country house often acts as a premises in which one cannot live , despite the fact that according to documents it can be registered as residential. Often the building is not suitable for year-round living due to the lack of sewerage, heating and other necessary communications. If all this is present, then such a house is residential.

Apartments

Controversial are those apartments that, in accordance with the order of the ministry, designate a paid room for accommodating visitors. These are boarding houses, motels, hotels, sanatoriums and other places intended for temporary residence.

Apartments that have a bathroom and other communications are considered residential premises . And those in which it is not provided, you can install all the necessary systems in order to then register the property as a housing stock.

Requirements for hotels

Based on the requirements for hotels by the Civil Code, the federal law “On the Fundamentals of Tourism Activities”, “On the Protection of Consumer Rights” and the concept of tourism development, accommodation facilities must comply with:

• GOST 51185–98 as accommodation facilities;
• Rules for the provision of services;
• Rules for registration and deregistration of citizens of the Russian Federation at the place of stay;
• GOST 50645–94 for hotel classification;
• GOST 50644–94 safety requirements;
• GOST 171313 for nature protection;
• GOST 121004–91 on fire safety.

Article 16. Types of residential premises. 1. Residential premises include:

1) residential building, part of a residential building; 2) apartment, part of an apartment; 3) room. 2. A residential building is recognized as an individually defined building, which consists of rooms, as well as premises for auxiliary use, intended to satisfy citizens’ household and other needs related to their residence in such a building. 3. An apartment is recognized as a structurally separate room in an apartment building, providing direct access to the common areas in such a house and consisting of one or more rooms, as well as premises for auxiliary use, intended to satisfy citizens’ household and other needs related to their residence in such a separate room. 4.

Error 404

A room is recognized as a part of a residential building or apartment intended for use as a place of direct residence of citizens in a residential building or apartment. Commentary on Article 16 1. It so happens that the concept of “residential premises” is used in a broad sense. It covers not only living rooms, but also auxiliary areas (entrance hall, corridor, kitchen, bathroom, dressing room, toilet, etc.). This is a generic concept. Residential premises include all objects named in part 1 of the commented article. But it follows from this that there are no other living quarters. It is impossible to recognize (from the point of view of the residential complex) a yurt, yaranga, prefabricated house, trailer, beams, etc. as residential premises. This means that the Housing Code of the Russian Federation does not regulate relations regarding the use of these objects. 2. For housing law, the definition of what is a residential house, apartment or room is not of great importance. This is rather necessary for maintaining state records of the housing stock and for state registration of rights to residential premises (see Article 18, Parts 4 - 5 of Article 19 of the Housing Code and relevant comments). 3. Having defined the concepts of “residential building”, “apartment” and “room”, the Housing Code of the Russian Federation is silent about what should be understood as part of a residential building (clause 1, part 1, article 16) and part of an apartment (clause 2, part 16). 1 Article 16 LCD). Apparently, several rooms of this house or apartment, which are the object of housing rights, should be considered part of a residential building or apartment. It is also possible that housing rights may arise over non-insulated parts of a residential building or apartment - in particular, when concluding a sublease agreement and moving in temporary residents.

Probably not. According to paragraph 2 of the Rules for the provision of hotel services in the Russian Federation, approved. According to Decree of the Government of the Russian Federation of April 25, 1997 No. 490, a “hotel” is a property complex (building, part of a building, equipment and other property) intended for the provision of services. Note, not for living, but for providing services. In Article 1 of the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy,” hotels are not named among the types of housing stock (only shelter hotels are indicated). In addition, the hotel is intended to provide services, which are regulated only by civil law, but not by housing law.

Dear Dmitry Vladimirovich!

Thank you very much for your comprehensive answer.

Khovanskaya's Law: what to do to comply

Number of views:626

On October 1 of this year, the so-called Khovanskaya law came into force: now it is impossible to provide hotel services in residential premises.

I have collected the most popular questions from hoteliers, talked with lawyers and tell you what will change the law for accommodation facilities.

What is Khovanskaya's law?

Officially, this is Federal Law No. 59-FZ dated April 15, 2019 “On Amendments to Article 17 of the Housing Code of the Russian Federation.”

According to this law, accommodation facilities should not be located in residential premises, nor should they provide hotel services.

What are hotel services?

Any services that accommodation facility staff provide to guests.

At the same time, the provision of premises with a bathroom, kitchen and other rooms in itself is not considered a hotel service.

The main hotel service is food. Besides this, there are a lot of additional ones that are provided for free or for money. Their list and quality must meet the requirements of the category assigned to the hotel. Examples of additional services:

• excursions,
• sale of tickets for events,
• sale of souvenirs,
• household services such as cleaning or ironing,
• SPA services or gym,
• rent of conference rooms, etc.

As for household services, these services are classified as hotel services only if they are provided during the stay. That is, if you wash clothes or clean when the guest has already left, there will be no violation.

It is also very important that there is no reception desk.

How do I know if I am covered by this law?

You are subject to the law if your accommodation facility is located in a residential premises.

If the object is in a non-residential premises, it is possible to place an accommodation facility, but it must be equipped with a soundproofing system, alarm system, fire safety equipment, safes for guests and a separate entrance must be organized.

Check the status of the premises in the special service of Rosreestr.

We are located in a separate residential building. We're not under the law, are we?

You get there.

Hotel services cannot be provided in residential premises, even if the building is separate. But you can transfer such premises from residential to non-residential status.

Is it possible to rent out a bed?

No.

According to the Housing Code of the Russian Federation, residential premises are isolated. Since the bed is not isolated, it cannot be rented out. The solution is to rent out the entire room.

What to do?

There are three options:

1. Close the business.
2. Convert the premises to non-residential status.
3. Transform the business into renting out apartments or rooms under a residential rental agreement and not provide hotel services.

In this case, it will also be necessary to change the texts on the website and in offline materials, the type of agreement with the guest, OKVED, sign, etc. More on this below.

We remain in the housing stock. What should I change on the site?