How to transfer a dwelling to non-residential premises: all the details of the case
In the past two decades, the country has beensteps are the formation 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 issue is quite complicated, coupled with a multitude of formalities and permits from various instances.
First of all it is worth asking, in whatcases 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 non-residentialapartment fund in an apartment building, the first thing you need 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 about the necessary documents, approvals and in general all procedural moments. Next you need to have patience 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 journey. Before transferring a dwelling to non-residential premises, it will be necessary to bypass the "bow" of all the tenants of the house and get a notarized "I do not object" from them. It can hardly be expected that this process will pass painlessly. A few years ago, the order was different: permission was required only from neighbors on the right, on the left and on top. The new order has not yet 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, you need 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 translated areaplans 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 managementprovide permissive documents from the Sanitary and Epidemiological Station, fire safety authorities, gas and energy services. It should be borne in mind 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 calls and expectations the ownerreceives a refusal, he has every reason to apply to the court. Practice shows that often this way is the shortest in the procedure for withdrawing premises from the housing stock in non-residential.