Residential and non-residential premises definition. What is non-residential real estate and what are its features? Transactions and taxation

With the rise in the cost of rent and commercial real estate, the practice of allocating non-residential premises within residential complexes has become widespread. As a rule, the first and ground floors of high-rise buildings are now being bought up for retail businesses, office space, cafes, hairdressers and beauty salons.

Within the framework of sanitary standards, the placement of public institutions should be provided for at the stage of construction of buildings, but this rule is not always observed. Legal entities simply buy apartments on the first floors, organize a separate entrance and start operating their businesses. The latter is not a serious violation of the law, the main thing is that the premises are given non-residential status.

The key document regulating the transfer of residential to non-residential premises is the Housing Code, as well as a number of other regulations.

The specificity of this status of immovable objects requires the need to refer to the definitions given by the legislator. Thus, according to the Housing Code, there is no definition of the status of “non-residential premises” in its pure form. The legislator limited himself to only presenting a formulated definition of residential premises.

The latter is characterized as a self-contained unit, which is real estate that complies with sanitary standards and is suitable for habitation. Based on this, we can formulate a definition of the opposite meaning: non-residential premises - real estate unsuitable for habitation.

There is also a more expanded formulation in the legal literature. It is given in 122 Federal Law, which regulates the registration of transactions with real estate, where the following characteristic is given to non-residential premises - an object as part of buildings and other structures.

Within the legal literature, there are many definitions of this concept. One of these is the following characteristic - this is a space limited by a three-dimensional contour with a separate entrance. The last characteristic assigns to the user of such an object the right to carry out its legal registration and formalize ownership, as well as the possibility of use on lease and rental terms.

Thus, a non-residential premises in an apartment building is an independent unit that has a separate entrance, meets plumbing requirements and is transferred, in accordance with the requirements of civil legislation, to non-residential status.

Signs of non-residential premises

The legislator also defines a set of characteristics of non-residential premises in an apartment building:

The presence of a separate entrance from the street side, the window opening is often re-equipped, and the door from the entrance is blocked.
All residents must be discharged.
There are no claims or rights to the premises from other persons.
The object is not separated from part of the residential premises and is not its component element; for example, it is impossible to allocate one of the rooms of the apartment into non-residential premises.

If the space corresponds to these characteristics, it is allowed to transfer it from residential to non-residential.

Basic requirements for non-residential premises in apartment buildings

The allocation of apartment buildings from residential units for use for commercial and other purposes in accordance with current civil regulations is not a violation of the rights of owners and tenants, but imposes a number of obligations on the owners of non-residential premises.

Thus, the legislator prohibits:

Conducting activities within such premises that create a threat and cause environmental pollution, as well as violating sanitary standards.
Conduct activities that violate fire safety and pose a threat to the building as a whole and to its occupants.
Place objects above or below other residential premises.
Carry out work after 23 hours.

In addition, along with the owners of apartments, their owners are obliged to install metering devices and pay for housing and communal services, as well as contribute funds for the improvement of the local area.

Non-residential premises in public apartment buildings

Apartment buildings contain non-residential premises intended for common use. These include:

Entrances.
Flights of stairs.
Elevators and other technical premises.
Wheelchairs.
Basement and attic spaces.
Utility premises.

These premises are intended to ensure the functioning of the apartment building as a whole. Their transfer to non-residential premises is a priori impossible; in addition, their use for commercial purposes is prohibited. The exception is cases when the work of technical services of management companies is organized within the basement premises, for example, engineering and technical services are located in utility rooms and work equipment is stored.

Features of non-residential buildings

Along with the term “non-residential premises” the concept “non-residential building” is used. The latter term applies to free-standing structures. In practice, residential buildings can also be converted to non-residential status. Commercial organizations or developers often purchase housing from the owners of low-rise apartment buildings or provide equivalent housing, after which they transfer them to non-residential buildings.

In the future, such premises are rented out or the work of individual companies and departments is organized within them. By the way, municipal authorities often act this way. In general, non-residential buildings are detached real estate objects used to house commercial and industrial enterprises that are not suitable for human habitation.

All details about non-residential premises: definition, characteristics, differences from residential real estate, types and purposes of use

With the development of market relations, the concept of “non-residential premises” has become widely used in real estate transactions. However, in Russian legislation there is no clear definition of this concept. In this regard, citizens have many difficulties and questions.

This problem is especially of concern to merchants who want to convert residential real estate into non-residential real estate for business purposes. This question also often arises for residents of apartment buildings, who confuse common property with non-residential premises when calculating utility bills. Unfortunately, confusion in the concepts of residential and non-residential premises often leads to illegal real estate transactions and legal disputes.

What are non-residential premises

As mentioned above, the concept of “residential real estate” is absent in the legislation of the Russian Federation. However, the Civil and Housing Code and, in particular, the Federal Law of the Russian Federation No. 122 of July 21, 1997, define the characteristics of a non-residential premises that meet the requirements for residential premises: it must be an immovable and isolated object.

The boundaries of the object are the floor, ceiling and walls with the obligatory presence of an entrance.

In addition, non-residential premises must be part of the building, which determines its immovable nature and connection to the land plot.

It must also belong to the non-residential fund and can be located in both residential and non-residential buildings.

The main difference from residential is that it is not intended for permanent residence of citizens and can only be used for public, administrative, commercial and other purposes.

Residents of apartment buildings sometimes confuse common property with non-residential premises. You should know that the entrance, stairwells, elevator, attic and basement are common areas.

Non-residential premises in apartment buildings are usually cafes, shops, offices and other objects that meet this status. Such premises have owners and a certificate of ownership must be issued for them.

Article 22 of the RF Housing Code specifies the conditions under which residential premises can be converted into non-residential premises:

the room is provided with a separate entrance (its access from a window opening is allowed);
absence of registered persons in the premises;
lack of rights to the premises of third parties;
the object is not part of the residential premises.

This situation threatens the very residence in the house, causes a large number of disputes and is resolved only in court.

Features of transactions related to non-residential premises

Apartments are a new type of real estate that raises many questions among buyers. In order not to make a mistake with the purchase, it is important to understand the features of such housing, its pros and cons

The preparation of a lease agreement for a warehouse, like any other non-residential premises, is regulated by the Civil Code. The conclusion of an agreement has its own subtleties that depend on the characteristics of a particular warehouse and its purpose.

The transfer of premises from non-residential to residential is strictly regulated by law. Special requirements are imposed on the owners and premises, failure to comply with which may lead to refusal when submitting an application to the architectural department of the municipality

Coworking centers: what they are, how they are organized, what are their features, advantages and disadvantages, what is the rental price, metropolitan coworking spaces - these other issues are covered in the article

Types of non-residential premises and what they are used for

Non-residential premises are classified primarily by purpose of use. The belonging of an object to any type of purpose determines the exercise of the right to the premises, affects the civil legal status and is important when calculating rent.

Based on their use for commercial and administrative purposes, the following types of non-residential premises are distinguished.

Trading

The premises are used for retail and wholesale trade. Can be located in shopping areas centers, administrative or residential buildings. For retail premises, solid walls and the presence of individual communications (water, sewerage and bathrooms) are not required. If there are several retail outlets in a building, the communications of the building are considered common to all.

Administrative and managerial

They are used for offices, located in business centers, administrative or residential buildings, shopping and entertainment complexes. It is not necessary to have communications in offices, but they must have solid walls. Office owners can use common communications designed for all premises located in the building.

Universal

They are used for various activities (offices, trade, beauty salons, medical services, catering, night clubs, etc.).

As a rule, these are premises with a separate entrance, solid walls, as well as their own communications. They can be located in shopping centers, business centers, shopping and entertainment complexes, residential and administrative buildings.

Warehouse

They are used as warehouses for storing food, various products and other material assets. They are located in warehouse complexes or administrative buildings. Must have solid walls and a separate entrance.

The presence of communications in such a room is not necessary.

The following non-residential premises are divided by public purpose:

Medical - premises in outpatient clinics, hospitals, medical centers, clinics, dispensaries, social adaptation centers, ambulance stations, etc.
Educational - located in schools, universities and preschool institutions.
Utilities - premises for ateliers, dry cleaners, hairdressers, repair shops, funeral services, etc.
Entertainment - halls of cinemas and theaters, clubs.
City utilities facilities - isolated premises for water, heat, gas and electricity supply.
Public catering premises are isolated objects associated with the production of public catering products, as well as their sale.
Creative - workshops of designers, sculptors, architects, artists, fashion designers, as well as exhibition halls.
Sports - premises in sports facilities.
Industrial - laboratories, workshops, workshops and other non-residential facilities in various industries: chemical, petrochemical, fuel, metallurgical, energy, etc.
Other real estate (archives, financial organizations, agencies, garages, design organizations, communications offices, telegraph and telephone network institutions).

Types of residential and non-residential real estate.
Commercial real estate. Types, meaning.
Public real estate. Types, meaning.

17. Ten common features of the real estate market.

4. Types of residential and non-residential real estate.
Residential Properties is a collection of residential units (inhabited and uninhabited).

Residential unit(housing) is a residential building, living space in a residential building, or in another building, with access to the common areas of the building or to a plot of land and intended for living by one family. A residential unit is an accounting unit in the state housing accounting system.

House- this is a permanent building in which residential premises make up more than half of the building area. Residential buildings are divided into multi-apartment and single-apartment buildings.

Residential real estate includes:

low-rise building (up to three floors), multi-storey building (from 4 to 9 floors), high-rise building (from 10 to 20 floors), high-rise building (over 20 floors).

A residential property can also be condominium, section (entrance), floor in the entrance, apartment, room, country house.

Condominium - a single complex of real estate, including a land plot within established boundaries and a residential building located on it, other real estate objects in which individual premises are in private, state, municipal and other forms of ownership, and the remaining parts are in their common shared ownership

Residential real estate is also classified by type:

Type I - place of permanent residence;
Type II - suburban housing used for a limited period of time;
Type III - intended for short-term accommodation (hotels, motels, etc.).

There is also a classification of residential real estate depending on the material used for the external walls of the building:

houses with brick walls;
panel houses;
monolithic houses;
wooden houses;
mixed type houses.

Non-residential real estate:

Earth(including agricultural lands (arable land, hayfields, pastures, perennial plantings, virgin lands), lands of settlements (cities, workers, resort and holiday villages, rural settlements), as well as lands of industry, transport, communications and other sectors of the national economy , lands of environmental, nature reserve, health, recreational and historical and cultural purposes, lands of the forest fund, forestry, lands of the water fund, reserve lands);

commercial real estate(office, retail, bars, restaurants, hotels, sports and fitness centers, etc.);

industrial real estate(production and warehouse);

5. Commercial real estate. Types, meaning.

Concept commercial real estate includes premises used for business purposes, such as office and retail space, which constitute

the majority of a real estate investment portfolio.
Commercial real estate also includes restaurants, shops, warehouses, buildings and structures, hotels, bars, sports and fitness centers and entertainment facilities, the use of which involves income generation;

Office rooms. They are classified by location, quality of the building (level of finishing, condition of the facade, central entrance, availability of elevators), quality of management (management company, availability of additional services for tenants), etc.

Hotels. Hotel projects in the Russian Federation today are the most complex types of investment in profitable real estate. The construction of new or reconstruction of old hotels of the highest class, their equipment and operating costs are considered a rather risky investment, since the costs of such projects are several times higher than the costs of building fashionable shopping complexes or office centers.

Parking garages (car parks) There is practically no development of commercial real estate in the country, although there are prospects. After all, for every thousand residents, in accordance with the standards, about 150 park spaces are required.

Shops and shopping complexes. As the experience of large European cities has shown, good conditions for the location of multifunctional shopping centers are: the intersection of major highways, close proximity to metro stations and ground transport stops. Shopping complexes especially require the provision of services to their tenants (for example, constant cleaning of the territory, repair service for scales, 24-hour security, etc.).
Industrial (industrial) real estate.

In the established Western market, the following classification of real estate objects has been adopted into categories A, B and C.

Category C. Surplus Real Estate - Land with buildings or vacant lots that are no longer needed to operate a business today or in the future and are therefore declared surplus real estate.
In the context of constant business development in Russia, office space is constantly required for newly formed companies. Stably operating companies also periodically need additional space to accommodate equipment and a growing staff.

6. Public property. Types, meaning.

TO public buildings and structures include:

medical and health care (hospitals, clinics, nursing homes and children's homes, sanatoriums, sports complexes, etc.);
educational (kindergartens and nurseries, schools, colleges, technical schools, institutes, children's art centers, etc.);
cultural and educational (museums, exhibition complexes, cultural and recreation parks, cultural centers and theaters, circuses, planetariums, zoos, botanical gardens, etc.);

special buildings and structures - administrative (police, court, prosecutor's office, authorities), monuments, memorial buildings, train stations, ports, etc.;

The value of public real estate lies in the use of its objects directly for the benefit of society as a whole, i.e. of all its layers, regardless of income level and social status.

16. Seven main elements of the real estate market.

Real estate market- this is a sector of the national market economy, which is a set of real estate objects, economic entities operating in the market, market functioning processes, i.e. processes of production (creation), consumption (use) and exchange of real estate objects and market management, and mechanisms ensuring functioning of the market (market infrastructure).

The real estate market consists of seven main elements:

Demand
Offer
Price
Management
Marketing
Infrastructure
Business procedures

Demand- this is the number of land plots, property complexes and rights to them that buyers are willing to purchase at prevailing prices for a certain period of time. All other things being equal, the demand for real estate varies inversely with price. Demand is formed under the influence of numerous factors - economic, social, demographic, natural and climatic.

Offer- this is the amount of land and other real estate that owners are willing to sell at certain prices over a certain period of time.

Price- this is the amount of money paid for a unit of real estate in completed transactions. Price- This is the most likely monetary equivalent of the property. This is the highest price that the sale of the site will fetch in a competitive and open market.

Management – regulation of impacts on real estate by market participants (sellers, buyers, professional market participants).

Marketing- a social process aimed at satisfying the needs and wants of individuals and groups through the creation and offering of real estate and the exchange of them with other people.

Information infrastructure– the most important element of the existence of any market, including the real estate market. It must contain reliable information:

about existing norms and rules of work in the market;
about the structure of supply and demand for various objects;
about the level and dynamics of prices.

Business procedures – a set of actions by real estate market entities to provide documentation for transactions (purchase and sale, valuation, etc.).

17. Ten common features of the real estate market.
The combination of the endless variety of physical characteristics of real estate, on the one hand, and the many different rights to real estate, on the other hand, results in a uniquely complex market. Unlike other types of markets, the real estate market, in addition to the specifics of the goods traded on it, has a number of common features that must be taken into account when performing transactions:

market localization, since its goods are immobile, unique, and their value largely depends on the external environment;
open information about market conditions may be incomplete and not always reliable, since real estate transactions are often exclusive and confidential;
ownership of real estate and transactions with it usually involve four types of costs: one-time payments, relatively large investments; to maintain the object in a functional state; real estate tax; government duties and other transaction fees;
demand is determined not only and not so much by the consumer qualities of the objects themselves, but by their location;
low elasticity of supply, since for a number of reasons it is impossible to build many new apartments at once;
real estate goods can be determined by the rights of third parties in different combinations;
relatively high degree of government regulation market legislative norms and zoning of territories;
real estate market goods serve not only as a means of satisfying buyers’ own needs, but also as an object of their investment activity;
relatively small number of market participants;
high variability of demand by region, district and microdistrict

Real estate is usually divided into residential and non-residential. The first includes premises where people legally live: apartment buildings, dormitories, private houses. The housing stock also includes hotels.

Non-residential property is most often used for commercial or public purposes.

The need to transfer housing from one fund to another arises for many: for entrepreneurs who bought housing in a house for a store or for conversion into an office.

If such a need arises before you, there is no need to get lost. There is a possibility of transferring the apartment to another fund.

Why translation is needed

Transferring your home from residential to non-residential and vice versa may become necessary for many reasons.

Most often, businessmen convert purchased apartments into shops, pharmacies, restaurants and cafes, and offices.

The status of residential premises is needed because only there you can register, and live too.

If you decide to convert your property to non-residential use, consider whether this process can be avoided.

According to the Housing Code, Article 17, it is possible to engage in commercial activities in a residential area in some cases, under which the following conditions are met:

Your house and apartment neighbors will not suffer from your activities;
The house in which your home is located does not belong to a dilapidated building;
A potential entrepreneur is registered in the area where he plans to do business.

However, in most cases they still prefer to change the status of housing, and this has its advantages.

The main benefit of the owner who transfers his apartment to non-residential stock is that it becomes more expensive by about 20% when sold.

But here you may encounter another difficulty: will you be able to sell your non-residential property later? How interested will an entrepreneur be in this? So, before you run for profit, you need to calculate all the risks.

The downside for you here will be the wasted time on paperwork and searching for buyers.

While the property remains idle waiting for a buyer, you will have to pay utility bills, which are approximately twice as high for non-residential premises. You will also have to pay property tax, namely 2.2% of the residual value of the premises every year.

That is why the translation is carried out by the entrepreneurs themselves who bought housing.

How to change the status of an area

Transferring an apartment to another fund and vice versa simply won’t work.

The Housing Code specifies a number of requirements, compliance with which Necessarily. If the listed conditions are not met, you can not count on changes in status.

In order for an apartment to become non-residential, you need to consider:

If the area is more than 100 sq. meters, provide a second exit to the street;
If the premises in which you plan to carry out your activities are located on the second floor or even higher, prepare for the fact that you will have to change the status of all the apartments that are located below. According to the rules, these square meters must also become non-residential;
Provide all engineering communications;
Check out of your home before starting the transfer procedure, because... no person can be registered in non-residential premises either on permanent or temporary terms;
Legalize all redevelopments.

Remember that premises located in a building classified as a cultural heritage site cannot become non-residential.

In addition, only the owner has the right to change the status.

You cannot make non-residential the area where you live under the terms of a social tenancy agreement.

Not everything is so simple with the transfer to housing stock. It must also meet certain requirements:

The building in which non-residential premises are located must have durable structures. It also should not be classified as an emergency fund or subject to reconstruction or demolition;
The premises must be absolutely safe and equipped in such a way that future residents cannot be injured or injured. The same requirement applies to the adjacent territory;

All utility networks must be in order and suitable for use.

We are talking about heating networks, sewerage, water supply and electricity. Utilities located in the house must also meet safety requirements.

When converting to a living space, the owner will have to think about the height of the ceilings, the concentration of harmful substances in the air, the number of floors of the building, and sound insulation. All this must also comply with the standards, which were determined by the Housing Code.

In addition, during the transfer, no matter which fund, the property should not be encumbered with anything: debts, loans, etc.

We live in a non-residential

Once you've converted your apartment into non-residential space, don't expect to be able to live in it. Along with a change in status, residence rights are lost. The legislation here does not provide for any exceptions: neither the owner, nor his relatives, nor loved ones can live in such a place.

You will no longer be able to register and obtain a residence permit at this address in a non-residential area.

Although, of course, one cannot help but say that no one can forbid you to be in your office or store. Of course, they will probably not control how much you spend in non-residential premises.

You have the right to rent out such objects or simply own them.

Where to go for translation

Today, the procedure for submitting documents in many regions has been simplified thanks to Multifunctional Centers that operate on a one-stop-shop principle. In one place you will be able to submit all documents, in some cases, order certificates and receive the corresponding document after all procedures are completed.

You will need with you:

Application for transfer;
Documents that confirm your right of ownership;
Documents from the BTI: technical plan, technical passport, floor plan of the house;
If, when changing the status, some kind of redevelopment is necessary, you are also required to provide a design for it.

You must find out whether you can transfer your premises to another fund or not within 45 days. This is how long it takes to review the application and check the documents provided.

After the decision is made, the authorized bodies have three days to notify you of their consent or refusal. The relevant paper can be sent by mail or sent to the Multifunctional Center.

A notification can also be sent to your email.

Remember the little things

Whatever plans you make to transfer your apartment, there are also some nuances that will not allow you to implement them:

First of all, remember that only the owner is responsible for the use of the space. That is, if you decide to rent out the area where a store later appeared, and did not make it non-residential, you will have to be solely responsible for this.

All orders from law enforcement agencies will be issued in the name of the owner;

You have the right to use your apartment not only as a home address, but also as a legal address.

In order to conduct business from home, it is not necessary to collect documents and transfer the premises to another fund. The main thing is to follow the rules mentioned above.

This has its advantages: you can work from your own apartment, and the law does not prohibit you from living there.

However, you will still have to change the status of your housing if you plan to receive mass visitors;

Be prepared for the fact that utility prices will skyrocket as soon as you carry out the procedure for transferring residential to non-residential. After all, tariffs for sewerage, water and electricity supply, heating for commercial premises are much higher.