Transfer of living quarters to non-residential

The activities of business entities are now increasingly organized in residential buildings. Entrepreneurial work in premises that can serve as apartments is prohibited by existing legislation. Use of housing under the office is possible only after the implementation of a number of procedures. The solution of these issues is regulated by normative and legal documents. In order that the apartment could accommodate the office, you need to make the transfer of living quarters to non-residential. The following documents can be used to start this process:

- decisions taken by state bodies, including courts;

- Decisions of bodies related to the system of local self-government ;

- various types of contracts, for example, social loans;

- decisions of apartment owners and other types of transactions.

The transfer of living quarters into non-residential premises is regulated by the Code. This document establishes certain requirements for the conditions existing in the apartments, so that they acquire the status of the office. Article 22 of the RF LC defines the main points, in the presence of which the transfer of a dwelling into non-residential premises is possible. They are:

- lack of ownership of the apartment ;

- the existence of a separate access to the premises;

- finding an apartment not higher than the first floor;

- eviction of citizens (if they have a social contract of employment) with the provision of comfortable housing;

- the establishment of unfitness apartment for living.

In order for the procedure to change the status of the apartment started, it is necessary to fulfill all of the above conditions. The transfer of living quarters to non-residential premises in a number of specific cases is permitted when the reservation specified in the second clause of Article XVII of the RF Constitution is fulfilled. It allows you to arrange an office in the apartment while preserving the rights of other citizens, guaranteed by law. In this case, the requirements of standards for living quarters should also be observed.

If after the submission of a package of documents to a state organization dealing with issues of changing the status of apartments, the issue is resolved positively, then notification of this procedure is the basis for opening an office. The local self-government body may require re-planning or other work in the premises. In this case, all instructions will be contained in the issued notice. This document for this scenario will only perform an intermediate function.

The first paragraph of the twenty-fourth article of the LC of the RF indicates cases where it is possible to refuse to classify an apartment as an uninhabited fund. These include:

- failure to provide the required package of documents;

- the solution of the issue is not in the place of the territorial location of the apartment;

- non-compliance with the requirements of Article 22 of the RF LC, for example, the lack of the possibility of a separate entrance device.

In everyday life, there are often cases when it is required to transfer a non-residential premises into a residential building. This procedure is also regulated by the RF LCD. The third chapter is devoted to this problem in the legislative act.

The procedure for transferring living quarters to non-residential premises is explained by the twenty-second article. The conditions for changing the status are:

- Lack of property rights;

- availability of separate access;

- compliance with standards and standards developed for residential premises, after necessary repairs and re-planning;

- recognition of the premises suitable for living.

The apartment must comply with environmental, sanitary and hygienic, fire and other requirements, according to regulations.

The transfer of the premises to the housing stock can be denied if at least one of the above conditions is not met.