Transfer from non-residential premises to a residential apartment in 2021

A transfer from non-residential premises to an apartment can be carried out if compliance with housing standards is ensured, approval is obtained at a meeting in the apartment building and notification of the State Property Inspectorate, and conclusions of the competent authorities are drawn up. The decision to change the status of an object has the right to be made by its copyright holder. Since the configuration and parameters of the premises will change during the translation, a project is prepared for construction work. When the work is completed, changes must be made to the Unified State Register of Real Estate regarding the new status of the premises.

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Read in the material what standards apply for transferring from non-residential premises to an apartment in the capital, what stages the procedures go through, and what needs to be prepared for approval.

When is transfer from non-residential premises to an apartment allowed?

Premises in an apartment building can have two statuses - non-residential premises and residential (apartment). As follows from the definition, residential premises are used mainly for permanent residence. It is also allowed to conduct commercial activities in the apartment if this does not violate the interests of other residents of the house and does not result in damage to the facility and utilities.

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Non-residential premises can be designed immediately during the construction of apartment buildings, or transferred from apartments. Such premises are usually located on the first floors (less often on the second floor with a separate exit) and can be used for rent or for running a business.

The Housing Code of the Russian Federation allows the transfer from non-residential premises to residential premises, as well as the reverse procedure. You can change your status if the following conditions are met:

• if such a decision is made by all rights holders of the premises - if the object has only one owner, he makes the sole decision;
• if sanitary, epidemiological and hygienic safety requirements and other conditions for residential premises are met - for this, at the approval stage it is necessary to obtain the conclusions of the competent authorities;
• if consent to carry out work on common property is given by the owners of the apartment building , for this purpose it is necessary to organize an in-person or absentee meeting and draw up a protocol;
• if the safety of the work is confirmed by the redevelopment and reconstruction project - since the project involves work in an apartment building, it must be approved by the Ministry of Housing and Construction;
• if you receive permission (notification) from the DGI about the possibility of transfer , this agency makes a decision on transfer on the basis of technical and other documentation.

These are only general requirements and conditions for the legal transfer of non-residential premises into an apartment. It is impossible to carry out work and make an apartment on non-residential premises without permission, as this will entail a large fine.

Expert commentary. Compliance with all conditions and requirements must be confirmed by documents - projects, agreements, protocols, statements, conclusions. To develop and collect documentation, we recommend using the services of our company. We will also provide services to support approvals, organize and conduct meetings in the apartment building. After completion of the work, a technical plan will be issued for the apartment, according to which Rosreestr will make changes to the Unified State Register.

To convert non-residential premises into an apartment, you need to carry out redevelopment. In particular, it is necessary to seal the exit to the street and remove the entrance group.

Reasons and legal grounds for transfer

As stated above, the decision to transfer is made only by the owner. If the tenant temporarily owns the premises, he cannot initiate the transfer procedure himself. However, it is allowed to issue a power of attorney to another person who will develop and collect documents and their approval. In order for our specialists to provide and independently undergo all approvals, we recommend issuing a notarized power of attorney for representation.

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The reason for transferring non-residential premises to an apartment may be:

• the desire to register ownership of housing in order to personally live in it or rent it out;
• intention to stop doing business (for example, this is especially important during the crisis due to the pandemic);
• the opportunity to make money by renting an apartment, selling it or exchanging it for another residential property.

When applying for approval, it is not necessary to indicate the reason for your decision.

Transfer from non-residential premises to a residential apartment. Questions to the expert.

Soloviev Petr

Expert in the field of certification, cadastre, real estate and design. Higher legal education, more than 10 years of work experience.

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Question to the expert

Can they refuse to transfer non-residential premises into an apartment? At what stage are refusals most often made?

Refusal can be encountered at any stage of translation. DGI or MZHI will issue a refusal if the safety requirements are not met. The refusal of the owners of apartment buildings can be made for any reason, and it can only be circumvented out of court.

Good afternoon What final document should be received after completing all approvals for the transfer of non-residential premises to an apartment?

At the final stage, cadastral registration is carried out in Rosreestr. After making changes to the Unified State Register, an extract from the register will be issued.

Is it possible to independently make a redevelopment project to convert non-residential premises into an apartment?

No, project documentation can only be made by an organization that is a member of an SRO. Otherwise, MZhI will refuse approval.

Will there be fines if an apartment is converted from non-residential premises without approval?

Fines will be required, and the owner may be forced to return the premises to its original condition. Also, without approval, you cannot make official changes to the Unified State Register, i.e. it will not indicate the status of the residential premises.

Is it possible to redecorate a country house?

The issue of transferring real estate located in garden partnerships is complicated by the fact that housing construction on such land plots is by law impossible. Even if the dacha meets all the requirements for permanent buildings, the City Property Department does not recognize it as residential. There are two options: change the category of land to individual housing construction or another suitable for the construction of residential real estate, or go to court with a demand to recognize the country house as suitable for permanent residence.

RFI consult lawyers have repeatedly solved both of these problems, so they guarantee a positive result.

Regulatory framework for the transfer of non-residential premises in Moscow

At the federal level, the general rules for transferring non-residential premises to residential premises are specified in the Housing Code of the Russian Federation. In particular, it talks about compliance with the requirements established for residential premises. It is also allowed that the ability to meet the specified requirements be confirmed. This means that the translation permit will be issued with certain conditions (for example, work must be carried out strictly according to the submitted project).

The form of notification that gives permission for translation is approved by Decree of the Government of the Russian Federation No. 502. It is also necessary to take into account the norms of three regional acts of Moscow:

• Moscow Law No. 2 ();
• Resolution No. 508-PP ();
• Resolution No. 692-PP ().

If Resolution No. 692-PP describes the rules for approving a transfer, then according to Resolution No. 508-PP, redevelopment and reconstruction are carried out. In particular, this governing act provides a list of permissible and prohibited work in apartment buildings and requirements for their safety. All construction standards will be complied with if you order the production of a project from Smart Way LLC.

Block diagram for transferring non-residential premises into an apartment, passing approvals.

List of documents

The safety of construction work, compliance with translation requirements and approvals are impossible without documentation. At different stages of the procedure you may need:

• title document for the object (USRN extract, certificate of title, purchase and sale agreement);
• documents from MosgorBTI (technical passport, floor plans for the entrance to the house where the premises being transferred are located);
• decision of all copyright holders for translation (if necessary);
• consent of the owners of adjacent apartments;
• project for redevelopment, reconstruction (in some cases a project for facade work will be needed);
• technical report confirming the safety of work for load-bearing structures of multi-unit buildings;
• minutes of the MKD meeting;
• an application to the DGI for the issuance of a notice of transfer;
• application to the Ministry of Housing for approval of the redevelopment project;
• act of the acceptance committee after completion of work;
• technical plan for the changed characteristics of the premises;
• application for cadastral registration in order to enter new information into the Unified State Register of Real Estate.

The exact list of documents will be determined by our specialists after a preliminary study of the situation and the features of the translation. It is also necessary to issue a power of attorney to simplify the completion of all procedures.

The redevelopment project describes the work after which the non-residential premises will be recognized as an apartment.

Approvals after completion of work

Construction work in the future apartment is carried out strictly in accordance with the project. After completion of the work, you must contact the Moscow Housing Institute to receive an acceptance certificate. He will confirm that there are no complaints about compliance with safety standards, and all work complies with the original project.

You can contact the cadastral engineer with the acceptance certificate. This specialist will inspect all the premises of the apartment, take measurements, and prepare a technical plan. Based on this document, Rosreestr will conduct cadastral registration and enter into the Unified State Register of Real Estate new data on the status of the premises and its characteristics. The completion of the procedure will be the issuance of an extract from the Unified State Register. After this, the non-residential premises will officially become an apartment in the legal sense, and it will be possible to register at its address.

Expert commentary. Procedures after completion of construction work are no less important, as they will confirm the change in the legal status of the premises. The Smart Way company has cadastral engineers who will quickly prepare a technical plan. We will also help you pass the Rosreestr and obtain an extract from the Unified State Register of Real Estate.

The change in the status of the premises to residential will be reflected in the USRN extract.

How to correctly draw up technical specifications for design and approval

The more accurately the technical specifications are drawn up, the fewer problems will arise during the development of the project and approvals. The terms of reference indicate the initial information on the object, the required result (i.e. development of the project, approvals to change the status of the object). The TOR must also indicate a list of works that will be required for non-residential premises. Entrust the preparation of technical specifications to professionals! We will help you draw up the document strictly for your purposes and provide all the necessary work and services.

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List of useful documents

Documents for download:

Cost of services to support the transfer of non-residential premises to an apartment

At each stage of the transfer of non-residential premises to an apartment, difficulties and problems may arise, from the refusal of the owners of the apartment building to the return of documents from the State Property Inspectorate or the Residential Property Inspectorate. To avoid complications and quickly complete all procedures, use our services. The cost and timing of the translation will be determined after the documents and information are transferred to the premises. Preliminary conditions for cooperation can be clarified during a telephone consultation.

Why can they refuse to re-register a category?

The main reason why they may refuse to transfer a premises from non-residential to residential is due to an incorrectly prepared package of documents. This problem can be easily solved with our help: lawyers will write an application themselves and assist in collecting papers.

The second reason is that the premises do not meet the requirements described above. To avoid such a situation, our experts first inspect the property and give recommendations for its redevelopment into apartments, an apartment or another type of real estate, so that the inspection services do not have any questions about the property.

If the refusal to re-register the category of premises is unlawful, our lawyers will go to court and achieve a positive decision in court.