Dormitory non-residential building letter from the Ministry of Economic Development

"Residential" and Duma-2

There are about 430 hostels in the republic, of which 177 are departmental. In previous years, their residents were able to privatize only 16% of the total area of these buildings. It is clear that people still hope to exercise their right to privatization. The topic remained painful during the transition of Crimea to Russia. The right to privatize dorm rooms turned out to be not so simple. Until 2014, the transfer of private rooms to private ownership was not prohibited. But now Russian legislation does not allow room-by-room privatization. An option to solve this problem was a banal change in the designation status of such houses by decision of municipal interdepartmental commissions. The purpose of the building (non-residential building, residential building or apartment building) is entered into the state real estate cadastre during the cadastral registration of objects. As a result, almost 12 percent of dormitories had their status changed. They were re-registered as apartment buildings, that is, apartment buildings in which residents can now privatize rooms.

The problem arose, as they say, out of nowhere. A few months ago, the Ministry of Economic Development of the Russian Federation indicated to the state registration authorities in an official letter that in the Russian legislative field, dormitories can only have the status of “non-residential” buildings, we quote: “Determining the purpose of a dormitory building. when carrying out state cadastral registration as an “apartment building” or “residential building” does not comply with current legislation; the purpose of a building such as a dormitory must be defined as a “non-residential building” (at the same time have the name “dormitory”, “apartment-type dormitory”).

Oksana Ignatovich, head of the department for accounting of capital construction projects of the State Committee for Register of the Republic of Kazakhstan, says:

– We clearly understand that dormitories, which are specialized housing stock and are in communal ownership or in use, it doesn’t matter, can be classified as residential. But we also have dormitories that are owned by legal entities (hospitals, sanatoriums, universities, etc.), such buildings can in no way be classified as residential buildings. Only now the Ministry of Economic Development has expressed its position on dormitories. clearly states that a dormitory is a non-residential building. And if we look at the Housing Code of the Russian Federation, Articles 92-94, then we can only talk about the presence of residential premises in the hostel. That is, (according to the Housing Code) a “non-residential” building does not exclude the presence of “residential” premises. Therefore, if there is a question about the privatization of these premises, provision of rent or registration, in this case it is necessary to register (registered - Ed.) residential premises in a non-residential building.

Other types

There are other types of real estate, which, depending on the situation, according to the civil code, can be classified under one of the above types:

theatrical, entertainment and entertainment establishments (nightclubs, circus, theaters and cinemas);
sports and creative venues (for sports competitions, music arenas, exhibition complexes);
entertainment centers;
archives (for storing state, municipal, or private information in large quantities);
pharmacies and other service establishments related to the medical field;
financial and administrative complexes (as a rule, these are banking service institutions, commodity exchanges, currency exchange offices, etc.);

It should be noted that all the criteria given in the article are only variants of legal interpretations, since there are many holes in the current Russian legislation that can be used for manipulation.

So, to resolve housing conflicts, it is strongly recommended to contact a professional lawyer.

Money bypassing status?

But not everything is so easily resolved against the backdrop of the new status of hostels. In June 2021, the Ministry of Housing and Communal Services of Crimea announced that this year 262 dormitories will be renovated in Crimea and about 750 million rubles will be spent on this. A year ago, 30 dormitories were declared unsafe. And to bring them all into divine form, 3.6 billion rubles are needed. So far, only four buildings in Yevpatoria have been urgently overhauled.

The question arises: is it possible to spend targeted funds allocated under the program for the overhaul of residential buildings on the repair of objects with the status of “non-residential”.

Now Crimean specialists from the State Registration Committee have registered more than 400 hostels for cadastral registration. And at the same time, they all received different status, that is, wording about the purpose of the building. And many hostels became municipal property with an initially “non-residential” status.

The situation in Saki is indicative. As the city administration explains, five hostels received five cadastral passports from the municipality. Half are registered as apartment buildings, and half are listed as non-residential real estate with residential premises. At the same time, a major renovation of the dormitories is currently underway. The list of dormitories was approved by the Council of Ministers. It initially stated that all dormitories are residential buildings. Upon receipt of cadastral passports according to Russian rules, these objects can no longer be included in the list of major repairs, because there is a contradiction. If a non-residential building is repaired at the expense of targeted contributions from citizens for major repairs, this will be an outright violation of the law. And such an incident occurs not only in Saki, but in most regions of the republic. City administrations do not know what to do: to change or not to change the purpose of such objects to residential, and if changed, then on what basis?!

430 hostels in Crimea today.

Oksana Ignatovich explains:

– Municipalities have the right to introduce a resolution to change the purpose of a building. Therefore, if this non-residential building is not a corridor type, if there really is a breakdown into apartments, and (municipalities) make a decision to transfer the non-residential building to residential, we make changes to the cadastre. But if we are talking about transferring information about a previously registered object, the Ministry of Economic Development has expressed its position on this matter. I would like to say that our local government bodies are still working poorly; only Simferopol, Belogorsk and Yevpatoria send us resolutions (on the transfer of non-residential to residential). No one sends any more decisions to the registration authority. By not directing them, you are creating corruption for cadastral engineers.

Pay - and no nails!

Legal logic dictates that it will no longer be possible to demand contributions from residents of “non-residential” hostels for major repairs. The Housing Supervision Inspectorate has its own position on this matter.

The head of the housing supervision inspection of the Republic of Kazakhstan - the chief state housing inspector of the Republic of Crimea, Irina Kondratyuk, argues:

– How can dormitories be non-residential? In order to recognize a non-residential premises - a hostel or not a hostel, there is an order approved by the Government of the Russian Federation, and there is a certain procedure. I think this is a matter for the distant future, because they (dormitories - Ed.) need to be recognized, and not just considered “non-residential”, there are criteria. Moreover, today we have management organizations that manage these houses quite legally; management agreements have been concluded with them. According to both the Housing and Civil Codes, they can be terminated only in court or by agreement of the parties. Therefore, it is not so easy to recognize them as uninhabited. But if such a norm is introduced, it will entail a very large number of, firstly, changes to regulatory legal acts, and, well, to existing civil legal relations. And if you are asking a question about capital repairs, then capital repair programs, both long-term and short-term, have already been approved by regulations. And they will also need to make changes. This is not such a simple procedure, it requires public discussion.

Based on Article 92 of the Housing Code of the Russian Federation, residential premises in dormitories are classified as residential premises of a specialized housing stock.

In accordance with Article 94 of the Housing Code of the Russian Federation, “dormitories” include houses or parts of houses specially built or converted for these purposes, premises equipped with furniture and other items necessary for the residence of citizens and intended for temporary residence of citizens during the period of their work, service or training.

MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

FEDERAL STATE REGISTRATION SERVICE,

CADASTRE AND CARTOGRAPHY

dated January 9, 2014 N 14-ref/00072-GE/14

The Federal Service for State Registration, Cadastre and Cartography sends for information and possible accounting in the work copies of letters from the Ministry of Economic Development of Russia dated December 24, 2013 N OG-D23-6667 and N D23i-6062 and letters from Rosreestr dated December 16, 2013 N 14-ref/11636-GE /13 on the issue related to the isolation and isolation of premises in a building or apartment.

MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

dated December 24, 2013 N OG-D23-6667

ABOUT CONSIDERATION OF THE APPLICATION

The Real Estate Department of the Ministry of Economic Development of Russia (hereinafter referred to as the Real Estate Department), having considered the appeal on the issue of state cadastral registration of premises, reports.

In accordance with the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 5, 2008 N 437 (hereinafter referred to as the Regulations), the Ministry of Economic Development of the Russian Federation is not vested with the authority to explain the legislation of the Russian Federation, as well as the practice of its application.

The information contained in the appeal is not enough to prepare an answer on the merits of the questions posed (the cadastral number and address of the building are not indicated, and the floor plan of the building on which the premises specified in the appeal is located is not attached).

At the same time, regarding the issues raised in the appeal, we believe it is possible to note the following.

In accordance with Part 7 of Article 27 of the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre”, the cadastral registration authority makes a decision to refuse to register the premises with the state cadastral register also if such premises are not isolated or not separated from other rooms in a building or structure.

In accordance with paragraph 14 of part 2 of Article 2 of the Federal Law of December 30, 2009 N 384-FZ “Technical Regulations on the Safety of Buildings and Structures,” a premises is a part of the volume of a building or structure that has a specific purpose and is limited by building structures.

The legislation does not define the concept of isolation and isolation of premises. However, a comprehensive analysis of the legislation allows us to conclude that isolation means the presence of walls (partitions), and isolation means the ability to exclude access to the premises by the owners of other premises.

The isolation and isolation of the premises is determined by the cadastral engineer when performing cadastral work.

Walls and partitions are reflected on the floor plan or the building (structure) plan of the technical plan of the premises, prepared in accordance with the Requirements for the preparation of a technical plan of the premises, approved by Order of the Ministry of Economic Development of Russia dated November 29, 2010 N 583.

At the same time, based on the information provided in the appeal, access to the premises planned for alienation will be provided through the second premises on the floor (remaining in the property). This circumstance leads to a violation of the isolation conditions of the room.

In the current situation, we believe it would be advisable to consider the possibility of forming and implementing state cadastral registration of premises intended for joint use by the owners of other premises on the floor (floors), the so-called “common areas”.

Please note that Part 4 of Article 14.35 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for the entry by a person carrying out cadastral activities of knowingly false information into the boundary plan, the act of approving the location of the boundaries of land plots, the technical plan or the survey report, if this action does not contain criminal offense.