How to remove an apartment from the housing stock yourself

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Do you want to make a store from your own apartment? Turn the office into a place of permanent residence? The legislation provides for both options. This material will tell you about where to go, what documents to prepare, what and how to do..

When opening a small business, rarely does anyone dare to build commercial real estate from start to finish. The rent also attracts not everyone. Despite a number of advantages, it is impossible to realize all your ideas on the rented square meters. The solution to this problem for many is the purchase of apartments on the lower floors of high-rise buildings and the arrangement of offices in them. The procedure for removing square meters from the housing stock does not scare you with its complexity, but its own is still closer than the most promoted business centers. True, there are some nuances in this matter. Having fallen under several restrictions, you can easily get a negative answer to a request for converting a dwelling into a commercial.

However, there is also the opposite situation. For example, you inherited an apartment that was once removed from the housing stock and was used for a long time for business purposes. If you have neither the desire nor the opportunity to continue the business, and in addition to everything else, the issue with housing is not fully settled, you can consider returning the square meters back to the housing stock. This procedure will be almost identical to that which occurs during withdrawal, however, there are a number of essential requirements for the premises themselves. They are due to sanitary and hygienic, technical and other similar standards applied specifically to housing. Many will argue that it is easier to sell such an apartment and buy another in return. However, situations in life are different, and you should not discount the option of putting the premises back into the housing stock. Moreover, the legislation does not prohibit such a development of events.

Review of the legislation applied in the article

If you live in Russia, then the minimum set of legal knowledge should be based on the norms of the Civil Code. The truth is, when it comes to housing, the GC is not the best assistant. In the case of transferring square meters intended for human habitation to the category of commercial real estate, as well as the opposite option, first of all, you should refer to the Housing Code. He will answer most of the questions regarding the procedure for contacting the appropriate authorities, conditions of refusal, and many others. An entire chapter, number 3, is devoted to these points, namely articles 22 to 24..

Another code that will answer some questions regarding design, construction and obtaining various permits is Urban Development. Its norms must be observed for any other activities related to construction. With regard to the withdrawal of square meters from housing to the category of commercial real estate, the Civil Code should be read when arranging a separate entrance and designing any internal and external changes. Those who use print media to fill legal gaps should purchase the revised edition, as it was revised in 2013 and will take effect from the beginning of 2014.

How to remove an apartment from the housing stock yourself

When converting commercial real estate into residential real estate, you should also familiarize yourself with the norms of the Decree of the Government of the Russian Federation No. 47 of January 28, 2006. This document will shed light on what properties the room to be translated should have..

Local documents should not be neglected either. Of course, he will not change the requirements of the Housing Code or federal laws, but it may establish some features of filing applications or simplify the procedure for making a decision specifically for your region.

What kind of housing can be legally turned into commercial property

Before attempting to withdraw any area from the housing stock, you should check whether it falls under one of the following points:

  • the room does not have its own entrance, and it is not possible to organize it (for example: to enter the created hairdressing salon, you will have to use a common entrance, which is intended for the passage of residents of the house to the apartments);
  • the premises after being transferred to the category of commercial real estate will continue to be used as housing (it is impossible to simultaneously make a house and an office from one room);
  • the ownership of the areas removed from the housing stock is somewhat limited (example: used as security for a loan taken from a bank and not repaid at the time of submission of the transfer application).

How to remove an apartment from the housing stock yourself

As for high-rise buildings, the lower floors can be used as objects for output. This is due to the technical complexity of arranging a separate exit. It is rare where you can see a really worthy solution for lifting visitors to the 3rd and higher floors without using platforms, the direct function of which is to organize the passage to the dwelling. Undoubtedly, there are buildings that offer such options, but there are incomparably fewer of them..

For multi-storey residential buildings, there are additional restrictions on commercial real estate. They can be converted into non-residential ones:

  • objects on the ground floor (apartments, groups of apartments, apartments with basements, etc.);
  • objects located on the second floor and above, provided that there is also a commercial premises on the floor below, for example, a bank office or some showroom.

What are the requirements for commercial real estate to make it into housing?

It is possible to turn an unnecessary office into a place for people to live if all of the following requirements are met. Namely:

  • the commercial premises, which are planned to be made a place of residence for people, must necessarily be located in a residential area (meaning that buildings or rooms located on the territory of the plant cannot be recognized as suitable for living, regardless of whether they correspond to other parameters or not);
  • load-bearing walls, partitions, enclosing structures must be intact, not threaten to collapse and not have a deforming effect on the building as a whole;
  • the arrangement of the premises should exclude the risk of injury (ceiling height, width of aisles and doorways, steps, etc.);
  • the room must be fully connected to all necessary networks (gas, electricity, sewage, heating, water supply – depending on their availability, no one will require centralized heating or water supply in the village by itself);
  • equipment and mechanisms, as well as engineering systems must necessarily comply with sanitary and hygienic standards (for example: it is not allowed to combine kitchen and bathroom ventilation shafts with living rooms, fans and motors of mechanisms must have permissible levels of noise and vibration);
  • all equipment installed in the room must comply with safety requirements;
  • the temperature of the heated room in winter should not drop below 18 degrees;
  • the premises should be excluded from the possibility of flooding by precipitation and melt water;
  • if suddenly your office or any other commercial real estate turned out to be higher than the fifth floor, then it can be recognized as housing only if there is an elevator in the house;
  • the room itself and the building in which it is located must comply with fire safety standards;
  • the room must be sufficiently lit with natural (sunlight) light;
  • the floor level of the room must be higher than the ground level (basement or semi-basement rooms are not suitable for living);
  • location of kitchens and bathrooms above rooms is not allowed;
  • the room should not let in an unacceptable level of noise from the outside;
  • the room should not contain a level of vibration, electromagnetic radiation or infrasound above the limit for housing;
  • the content of harmful impurities in the air of the premises for human habitation should not be higher than the permissible norm.

How to remove an apartment from the housing stock yourself

It makes no sense to rewrite all norms of SNiP, SanPiN and other documents that establish technical requirements for premises that should subsequently become housing. The list is pretty impressive. You can find out if the room has any drawbacks already during the translation. If the premises will have inconsistencies that can be eliminated by redevelopment or reconstruction, then a documentary refusal on this basis will be a legal permission to carry out the latter. This is confirmed by paragraph 8 of Article 23 of the JK.

Room entry and exit procedures

In order for the commercial premises to be recognized as residential or the former residential premises to be used for business activities, the first step is to collect all the necessary documents. The list of papers is not too long. Some of them may not be granted at all if the right to the square meters in question is registered in the Unified State Register of Rights to Real Estate and Transactions with It. Despite this, we will still list a complete list of required papers.

How to remove an apartment from the housing stock yourself

The first thing to provide is a statement. Its form with examples of filling out can always be found in the body responsible for the translation.

The document that must first be attached to the application is a paper confirming your right to the premises. It is attached in the original or as a copy, but with obligatory notarization. As mentioned above, if the Unified State Register contains information about your right to the premises, then this document is not required.

The next paper in the list of applications is the floor plan. For apartments, when they are transferred to the category of commercial real estate, you can use a technical passport. For a commercial space, it is necessary to prepare a plan with a detailed description of the technical characteristics, on the basis of which it will be possible to draw a preliminary conclusion about the suitability of such a place for human habitation.

A floor plan of a house is also required for making a decision. It, like the previous item on the list, may not be provided, however, if such documents are in the hands of the owner of the premises, it is recommended to hand them over with the application. This will simplify the work of the body responsible for translation and speed up the procedure somewhat..

If redevelopment or reconstruction is required for translation, then the project with the developed solutions should also become an attachment to the application. This item is not left to the discretion of the applicant and in the absence of a project among the submitted documentation, a refusal in the requested procedure may follow.

How to remove an apartment from the housing stock yourself

Additionally, the written consent of all owners is provided, if there are several of them.

Now let’s talk a little about the sequence of actions. After preparing a package of documents, it is submitted for consideration to the local government. In the absence of some papers, they are requested additionally, and after a complete set, they are considered. If there are no complaints about the documents, experts go to the site to check the compliance of the premises with the transferred papers. After that, a decision is made. The total consideration period should not exceed 45 calendar days. After the decision has been made, the local administration still has three working days to process and send.

The transfer of premises can be refused in several cases:

  1. The documents attached to the application are not enough to make a decision. It should be noted that the body in charge of translation cannot require documents that are not included in the above list. However, the transfer of an incorrectly executed document or that does not correspond to reality will lead to a refusal for this very reason..
  2. The second option of refusal can be obtained by sending documents to the wrong organization. This happens quite rarely and happens when papers are sent by mail. By bringing all the documents in person, you will avoid such a refusal, since they will simply not be accepted at the wrong address. Yes, and locally it will be possible to correct the shortcomings of the application, if any..
  3. A refusal, which puts an end to attempts to transfer the premises, is issued due to non-compliance with the mandatory conditions. This may be an attempt to recognize a housing that is completely unsuitable for this, for example, an underground bunker.
  4. The last option of refusal is issued when redevelopment is required to transfer commercial premises to housing stock or vice versa, but the project of these changes is missing or has been completed with violations. You can read more about this in our other article..

Finally, it should be said that any decision of the local administration, including the refusal to transfer commercial real estate to residential real estate and vice versa, can, and often even need, be appealed in court. For example, if you submitted all the documents, and additional data was demanded from you, if in your opinion the commission unlawfully refused to recognize the redevelopment in accordance with the norms. True, judicial practice is increasingly on the side of local governments in the event of such proceedings. Perhaps the reason for such decisions is people’s ignorance of the laws of their country and appeals to the court with requests to recognize as legitimate things fundamentally contrary to regulatory enactments..

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