Redevelopment of commercial real estate. Peculiarities of paperwork during the construction of a separate entrance

What is included in the concept of redevelopment and when is permission required?

The concept of redevelopment is reflected in Chapter 4 of the RF Housing Code. This implies a change in the initially thought-out configuration of a non-residential property, which must be included in the corresponding plan and other technical documents. This is stated in Part 2 of Article 25 of the LC. Redevelopment of commercial real estate includes the following actions:

• installation of new openings for windows and doors;
• internal partitions, their demolition and transfer;
• increasing the usable area by creating a mezzanine floor;
• transfer of engineering networks and communications;
• changing the position of the entrance, vestibule, etc.;
• transfer of sanitary or technical equipment;
• installation of stairs.

Actions that relate to cosmetic repairs are not redevelopment. There are redevelopment measures that require permission. This applies to cases where the work being carried out poses a potential danger to residents and the technical characteristics of the facility itself. In such a situation, you need to submit a pre-compiled project for approval.

Difficulty in coordinating input

At each stage of approvals, you may encounter refusal or suspension of consideration of documents. Let's highlight the most common reasons for making refusal decisions:

• lack of consent of the owners in the apartment building to carry out work, if such a decision is required by the norms of the Housing Code of the Russian Federation;
• arrangement of an additional entrance without a project, or with a deviation from its requirements;
• changes to facades without permission from the MCA;
• violation of fire and sanitary safety rules.
• violation of standards and regulations, SP, GOST, SNiP, and other standards;
• incomplete set of documents submitted to the MCA and MZHI.

Only by turning to qualified designers and cadastral engineers will you eliminate such problems. save time on approvals.

Differences in the design of redesigning premises for a business in a residential and non-residential building

People live or intend to live in the residential premises in the future. Any actions that fall under the characteristics of redevelopment may threaten the safety of residents. Any action related to changing the configuration of the home must be registered and authorized.

Important! As for commercial real estate located in non-residential premises, it is necessary to obtain permission when load-bearing structures, adjacent communications, and so on are affected. If the repair falls within the description of redevelopment, but does not pose a danger to the lives of citizens, permission may not be obtained.

Documentation

The following documents are usually needed:

1. Project for changing the facade to install an entrance group.
2. Redevelopment project (if there are changes inside the premises).
3. Technical conclusion on the condition of the load-bearing structures (If there is an opening in the load-bearing wall, then a conclusion from the authors of the house project).
4. Engineering sections (water supply, sewerage, heating, ventilation and air conditioning).
5. Project of technological solutions (for changing the purpose of premises).

Features of the procedure when constructing a separate entrance

Legislation stipulates that non-residential premises must have at least two entrances and exits . Coordination of a separate entrance entails a number of nuances.

Registration of the construction of a separate entrance is somewhat similar to the process of preparing for redevelopment.

1. The first step is to develop design documentation. The designer will take measurements, record the initial state of the room without an entrance in photographs, examine the structures, and give his recommendations for drawing up the project.
2. The documentation is coordinated with the management company and the general designer of the premises.
3. Residents' meeting. This measure is necessary, since when installing an entrance with accompanying equipment, common property will be affected. At the meeting, a vote takes place, where the majority of premises owners must give their consent to the installation of an entrance group.
4. Documentation is submitted to the administration or Housing. inspection.

The standard redevelopment procedure differs from the installation of an entrance group by convening a meeting and representatives of the homeowners in the house. The redevelopment, which is carried out according to all the rules inside the premises, does not affect the common property and facade and does not require coordination with the residents. You only need to obtain permission from technical specialists and administration representatives.

Installing an entrance will directly take away part of the local area. And residents must confirm that they are not against this. The entrance from the street must meet the requirements listed in Government Decree No. 692-PP of October 27, 2015. The need for a separate entrance, established taking into account legal norms, is stated in Article 22 of the Housing Code.

• Non-residential premises with a separate entrance should be located only on the ground floor of the building.
• If there is no separate entrance, there must be technical capabilities to create one.
• If non-residential premises intended for commercial activities are located on the floor above the first, the premises located on the floors below should not be classified as residential.
• When the footage of commercial real estate exceeds 100 square meters, a separate emergency exit is required.

You can obtain permission by collecting signatures during a door-to-door visit or at a meeting. It is important that most of the owners of the premises in the house are present at the meeting.

Entrance group device options

How can I equip a separate entrance? There are several possible options:

• With vestibule outside. This method saves space.
  However, it will be more difficult to agree on this arrangement option. The external vestibule involves the seizure of territory that is in common property. The issue of such arrangement will have to be resolved with the management company or HOA.
• With an internal vestibule. In this case, a certain part of the premises allocated for the lobby may turn out to be useless for the owner. The internal vestibule deprives the room of extra square meters.
• Facade cladding. This option is chosen by owners of shops and salons who want to make display windows or allocate space for advertising.
  The issue of this method of arrangement will have to be agreed upon with the management company or HOA, as well as at the general meeting of owners of residential apartments.

Required documents

The standard list of documentation has the following list:

• Application for work.
• Papers that will confirm the right to own the premises.
• Project documentation.
• Technical documents for real estate.
• Conclusion of Rospotrebnadzor on the possibility of redevelopment.
• If the action is carried out by the tenant, permission from the owner is required.

Additionally, other documents may be required that will be of decisive importance. The administration or the Housing employee has the right to demand papers. inspections.

Owners' consent

Government Decree No. 491 establishes a list of property that is classified as common property. If the redevelopment will affect common property, then permission from the remaining owners to make changes will be required.

1. You need to prepare a package of documents. It is necessary in case residents are interested in projects, sketches, and opinions from specialists who will confirm the safety of the work being carried out.
2. The method that the citizen will use to obtain permission should be chosen. You can visit residents one by one, making a door-to-door tour and explaining to everyone the safety of the work being done. The same thing can be done immediately, one-time, by gathering citizens at a meeting. The main condition is the attendance of more than half of the owners.
3. Voting takes place at the meeting and votes are counted. If there was a door-to-door visit, the results of the survey are calculated.
4. Based on the review of the protocol, an act is drawn up, which implies the consent of the residents. If the majority of residents voted in favor, the documents must be submitted to the Ministry of Construction of the Russian Federation and its branches in your municipality.

Real estate redevelopment project

This project is necessary to ensure complete safety of structures and engineering systems during changes. Registration takes place in strict accordance with the requirements of the Town Planning Code and various GOSTs. It is impossible to draw up project documentation yourself. To do this, you need to seek services from design organizations with admission to the SRO.

The project consists of several components.

1. Content.
2. Obligations from each party.
3. A note from the project manager.
4. The regulatory framework that was used in the development of the project.
5. Information about the property.
6. Fire-fighting measures carried out.
7. Floor plan before the redevelopment was carried out.
8. Plan after the redevelopment.
9. Arrangement of plumbing equipment.
10. Water supply scheme.
11. Waterproofing unit.
12. Contract for author's supervision.
13. Instructions for the work.

The cost of the project varies depending on the region of application, individual characteristics, and the complexity of the redevelopment. On average, a project can cost from 15,000 rubles. and higher. A project completed in accordance with all the above standards will be accepted for consideration.

Technical conclusion

A technical report is drawn up on the basis of current legislation by an enterprise that has SRO approval , and becomes the result of an inspection of the building, which is regulated by SNiP, SanPiN and Rules for the inspection of load-bearing structures. It must indicate the possibility or impossibility of operating the premises in accordance with its intended purpose. A correctly drawn up technical report must contain a calculation of the permissible loads from the equipment that is supposed to be placed.

The document consists of four points:

1. The general part, which contains the stages of the examination.
2. Scheme.
3. Recommendations.
4. Attached graphic materials.

This document is issued by an organization that has SRO approval and may have drawn up a reconstruction project. The cost of the service for drawing up a technical report starts from 12,000 rubles. On average, it takes up to 2 working weeks.

Application for approval

This document is required to be sent to the city administration. Without an application, redevelopment will not be permitted. Compiled on an A4 sheet. Data can be entered in your own handwriting, in clear handwriting, using black or blue ink, or on a computer.

1. The top section indicates where the document is being sent.
2. Information about the owner.
3. Property location address.
4. Its technical features.
5. Request to redevelop the premises in accordance with the attached project.
6. Timing of repair work, time schedule for carrying out actions.
7. In the application, the owner undertakes to carry out work in accordance with the design documentation.
8. List of documents that are attached to the application.
9. Signatures.
10. Signature of the official.

Getting permission

You must contact the local administration or housing inspection authority of your city or municipality with a package of documents and an application. A Commission has been formed within the administration, which accepts documents, reviews them and draws up an Order. At the Housing Inspectorate, everything is even simpler and documents are submitted to the employee during office hours:

1. A package of accompanying documentation is assembled. A document is attached that indicates the consent of other owners to carry out the redevelopment.
2. All documents are submitted to one of the government agencies.
3. The review lasts from 1 calendar week to a month.
4. Upon the issuance of the order, the owner of the non-residential premises will be notified.
5. To receive the Order, you must appear in person at the commission or Zhil. inspection.

If the outcome of the case is positive, the citizen is given an order drawn up by the State Housing Inspectorate of his city.

It has the following structure.

• Date of preparation.
• The commission gives its consent and lists the actions that can be carried out.
• Duration of repair work and its mode.
• Regional standards.
• The requirement to provide free access to the premises.
• Acceptance date.
• Order to send the signed act to the BTI body.

The chairman of the commission puts his signature with the transcript, the seal of the administration . The date of the decision is indicated.

The following photo shows a sample permit for the reconstruction and redevelopment of an NP:

Our experts have prepared many useful publications on the acquisition and use of various types and types of commercial real estate. From them you will learn:

• What transactions can be carried out with it and is the owner obliged to pay taxes?
• How to find a suitable object, and why and in what cases is an assessment carried out?
• Is it possible to convert residential real estate into commercial property and is there any point in investing in its construction?
• Features of investing and how to use trust management wisely?

Step-by-step approval

For approval you need:

1. Develop a project plan. This must be entrusted to specialists with SRO approval.
   They will analyze the condition of the building, take measurements and draw up a graphic plan of the entrance opening and stairs. If, in addition to work on the equipment of the entrance group, redevelopment of other elements is required, then the project will need to be done to re-equip the entire room. To develop a project, you need a technical passport of the premises.
2. Next, you will need to obtain written consent from 2/3 of the residents of the apartment building. The owner needs to contact the management company or HOA that maintains the building and agree on a time and place for a meeting of residents in order to obtain signatures from them.
3. Then you need to coordinate the project with the BTI, Ministry of Emergency Situations, SES and fire supervision , and then contact the local government with all the documents to obtain permission.
4. Based on the received permission, you can begin work .
5. As soon as the entrance is made, you need to invite the housing commission . If the work is done in accordance with all building codes and in accordance with the project plan, then the commission members will give the owner an act of redevelopment.
6. The final stage is to contact the BTI to change the data in the cadastral and technical passport, and to the Unified State Register to amend the certificate of ownership.

Registration procedure

Submission of documents

After collecting the package of documents, they are submitted to the administration or the Housing Inspectorate. A photocopy must be made of each document. If the submission is made by an authorized person, he must have with him a power of attorney from the owner, certified by a notary.

Terms of consideration

The application is considered within one calendar month. The deadlines may be extended if the owner is presented with additional questions or requests for clarification.

Why can they refuse?

• The package of documents does not meet the requirements.
• The design documentation was drawn up without taking into account the norms and requirements.
• The work performed will threaten the safety of the premises or people's lives.

There are certain individual situations when the owner may be denied procedures.

Cost and terms

Coordination, collecting papers and going through authorities can take a lot of time. It is impossible to give exact dates, since each case is individual. On average, the procedure can take from 2 to 6 months.

Reference! The cost of the procedure is strictly individual.

Approximate prices:

• approval of project documents - about 5 thousand rubles;
• drawing up a project plan - from 3 thousand rubles;
• coordination with the housing inspection - from 10 thousand rubles;
• production of a new technical passport - from 2000 rubles.

Additional costs may apply.

Drawing up an act

The final stage is drawing up a redevelopment act. Compiled in the presence of the following persons:

1. Owner of the premises.
2. Balance holder of the building.
3. Compilers of project documentation.
4. Representatives of the company that is responsible for the technical condition of the building.
5. Representatives of the fire supervision service.
6. Representative of the construction organization that carried out all the redevelopment work.

During the preparation of the report, the above persons check the work performed. The act is drawn up on a special form. The document is signed in 3 copies.

Where to contact

Redevelopment begins with the owner of the premises entering into an agreement with a contractor or individual entrepreneur who is a member of the SRO to develop a redevelopment project.

After the project is ready, the contractor must coordinate it with the authorized government bodies exercising control. We are talking about Rospotrebnadzor, SES, fire supervision, architectural and planning department. If we are talking about a cultural heritage site, then permission from the authorized body (for example, the Department of Urban Planning and Architecture) will be required.

In some regions, when drawing up a redevelopment project, you can use a standard project. For example, in Moscow, several standard projects are posted on the website of the Moscow Housing Inspectorate. When submitting an application, it is enough to indicate only the project number. This option is provided in order to save time and money.

The next step is submitting documents to the local government authority, which deals with redevelopment issues. For example, in Moscow this is the Moszhilinspektsiya. The owner or tenant (if we are talking about a social tenancy agreement) can contact either the authority itself (at the location of the apartment) or the MFC. There is an option to use the government services portal; but in this case only the applicant can submit documents; the representative is prohibited from doing this.

What will be the illegal actions?

Paragraph 2 of Article 29 of the Housing Code stipulates that the owner of the premises will be held liable for illegal redevelopment . A fine is imposed on individuals and legal entities. The fine for individuals will be 2,500 rubles, when a legal entity. a person may face an amount of 1 million rubles.

The owner is issued an order to return the premises to its original condition. If the property owner refuses to eliminate all actions taken, the case will be considered in court. It may come to the point that the premises will simply be put up for sale at auction. If it is proven that the owners did not violate construction and legal standards when carrying out illegal redevelopment, then the liability will not be so strict.

Some businessmen are faced with the issue of redevelopment of non-residential premises. Often, this is the prerogative of all individuals who want to run a successful business and adapt not only clients, but also premises. Compliance with legal requirements and carrying out work in strict accordance with regulations is the key to success, as a result of which you will never encounter difficulties.

Additional entrance in simple and legal language

Depending on the type and status of the room, an additional entrance can be arranged in the following ways:

• in the room inside the apartment, you can make a new entrance without changing the facades, so it is enough to coordinate the redevelopment;
• if an additional exit is made from the apartment to landings or to the street, you need to obtain the consent of the owners of the apartment building, coordinate the redevelopment, facade work;
• for arrangement of additional entrance of a non-residential building, the redevelopment project does not need to be approved by municipal departments, but you will have to obtain permission for facade work.

Also, additional entrances may be provided for in a reconstruction project (when expanding the building area, adding an extension). For such types of work you need to obtain a construction permit, which is much more difficult.

Sample entry - which is a reconstruction

Depending on the specified types of work, the following regulations will be applied to arranging the entrance to Moscow facilities in 2021:

• Housing Code of the Russian Federation (for work on residential and non-residential premises in apartment buildings);
• Town Planning Code of the Russian Federation (if an additional entrance is provided for by the reconstruction project);
• Moscow Government Decree No. 508;

The construction of additional entrances to the apartment building is being approved by the Moscow Housing Institute and the Moscow Committee for Architecture (MCA). For non-residential premises, you need to contact only the MCA, since the project is approved by the owner of the property.

Calculator of the cost and timing of our services - here

Expert commentary . You can get a full range of services for coordinating additional inputs. We will develop project documentation in strict accordance with the regulatory framework of the Russian Federation and Moscow, and will help you go through all stages of approval. On our website you can find examples of completed work, contacts for communication with specialists.

Which entrance is most convenient?

Once the purpose of the basement is clear, it is necessary to determine how the entrance opening should be arranged. The choice consists of two solutions - compact or marching.

1. Compact entrance, which is closed with an inclined lid or doors. Ideal for a small yard with infrequent use. The steep descent is inconvenient. The positive aspects: excellent thermal insulation, impossibility of moisture from entering from outside. A compact opening is installed when the ground floor is the basement of a house or a warehouse.
2. The main entrance is a classic staircase, made of various materials and differing in style. The frame of the staircase is chosen based on the external situation at the door. This type of staircase is much more expensive than the previous one.

In this video you will learn more about the entrance to the ground floor:

conclusions

To equip an additional entrance in a non-residential building, you need to order a redevelopment project and a technical report. To build an entrance in the premises of an apartment building, you need to obtain the consent of the owners of the house, submit the project and technical conclusion to the Moscow Housing Inspectorate. Also, all types of facade work in Moscow must be approved through the MCA.

Calculator of the cost and timing of our services - here

We can order a full range of services for developing documentation for the construction of individual entrances from MosOblReg. We will comply with all legal requirements for 2021 and eliminate grounds for refusal and suspension of approvals. Terms of cooperation and contact information can be found on our website.

Our employees:

Olga Andreevna Staroverova Chief Architect Work experience 11 years

Davydov Maxim Vyacheslavovich Chief designer Experience 10 years

Shendyukov Vyacheslav Gennadievich Deputy General Director

Koloskova Irina Vladimirovna project approval specialist 12 years of experience

Shendyukova Lyudmila Mikhailovna General Director