How to convert part of a residential building into an apartment

Home / Housing disputes / Transfer of residential and non-residential premises / How to transfer an apartment into a residential building

Private house or apartment? This question worries many owners who want to choose comfortable housing. Often there are apartments in a one-story or two-story building. Formally, the building is considered multi-apartment. But by all indications it can be recognized as a private residential building.

The desire of the owners alone is not enough for recognition. In practice, when making a request to the administration, apartment owners are met with a categorical refusal. The question arises, what to do? Obviously, try to transfer the apartment to a residential building through the court. Changing status is a very complex and lengthy procedure. It is important to know the basic steps and stages. Read more about this here.

How to convert an apartment into part of a house

Sometimes people contact our company with the question: how to convert an apartment into part of a house ?
The Housing Code of the Russian Federation does not provide for the transfer of residential premises - an apartment - to part of the house. In addition, a multi-apartment building implies a special regime for common property, which belongs to all owners of premises in such a building on the right of common shared ownership. For example, common property includes premises of a given house that are not parts of apartments, which are intended to serve more than one room in such a house, including the walls of the house, inter-apartment landings, attic, corridors, stairs, elevators, technical floors etc. Recently, the procedure for transferring residential premises to non-residential premises has become widespread. This process is complex from the organizational and legal side. The transfer of residential premises ( apartment , house) allows you to change the functional purpose of such a residential premises and use it to conduct all kinds of business activities.

Transfer of residential premises to non-residential premises

the apartment is located on the ground floor or above, but the premises located directly below it are not residential;
entrance to it is possible without the use of premises providing access to other apartments, or it is technically possible to equip such an entrance;
it is not used as a place of permanent residence of citizens;
the right of ownership is not encumbered by the rights of any persons (mortgage, lease, etc.);
the apartment is not classified as a residential premises in a rented house (Article 91.16 of the Housing Code of the Russian Federation).

The law does not contain requirements for transfer application Therefore, the application can be made in any form . In practice, the procedure for providing municipal services for the transfer of residential premises to non-residential premises is established by regulations of the local legislator. This includes approval of certain forms of transfer applications, schemes for interaction with interested structures, time frames for receiving citizens, etc.

How to transfer an apartment to part of a residential building to register a land plot

according to Art. 28 Federal Law dated December 21, 2001 N 178-FZ “On the privatization of state and municipal property”, the privatization of buildings, structures and structures is carried out simultaneously with the alienation to the person purchasing such property of the land plots occupied by such property and necessary for their use. A land lease agreement is not an obstacle to the purchase of a land plot; refusal to purchase a land plot is not allowed.

The judicial panel has no reason not to trust the expert’s conclusion; the conclusion was made in accordance with the requirements of the Law “On Expert Activities”, the expert was warned of criminal liability. This conclusion has been examined

How to Change the Status of a Residential Building

10. The exercise of the right to re-register the title depends on the will of all co-owners. In accordance with the norms of clause 9.1 of Art. 3 of the Federal Law “On the entry into force of the Land Code of the Russian Federation” and Art. 36 of the Land Code of the Russian Federation, in the procedure for re-registration of title, ownership arises only if all persons who own a land plot with the right of use express their intention to re-register the title of permanent (perpetual) use or lifelong inheritable possession with the right of ownership. To properly consider the case, the courts must take into account that the absence of the will of one of the co-owners of the house to acquire ownership of the land makes it impossible to satisfy the claim. Analysis of legal norms clause 9.1 art. 3 of the Federal Law “On the entry into force of the Land Code of the Russian Federation”, paragraph 3 of Art. 28 “On gardening, market gardening and dacha non-profit associations of citizens”, Art. 25.2 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” allows us to come to the conclusion that in the process of re-registration only the title of ownership changes without changing the size of the plot and the number of legal entities, as well as existing encumbrances. In the event that an individual residential building belongs to several persons by right of ownership, the right of permanent (indefinite) use, by virtue of Art. 35 of the Land Code of the Russian Federation and other norms, belongs to all these persons. The exercise of the right to re-register title in this case depends on their common will. This rule follows from the principle of the unity of fate of a land plot and objects firmly associated with it (Article 1 of the Land Code of the Russian Federation). The right of one of the co-owners of the building to re-register the title cannot be exercised independently, since the law does not allow the rest of the co-owners to forcibly grant ownership of the land plot. The will of one of the co-owners in this case is not enough to create ownership rights through a simplified re-registration of title. Accordingly, when considering a claim for recognition of ownership of a land plot, the court must identify all the owners of the building located on the disputed land plot and involve them in participation in the case to clarify their will. The court is not allowed to recognize the ownership right of one of the co-owners of a residential building, since in this case the court actually divides the land plot (if the plaintiff is recognized as the right of sole ownership) or forcibly vests the remaining co-owners of the house with the right of ownership of the land plot (if the plaintiff is recognized as having the right to share in ownership). Thus, by the decision of the Ordzhonikidze District Court of Yekaterinburg, on the claim of G. for recognition of the ownership rights of the plaintiff, ownership of a land plot with an area of 370 square meters was recognized. m, located within the boundaries of the plot ¼ share of a residential building. It is not clear from the operative part of the decision whether the court recognized the plaintiff’s right of sole ownership of the land plot or common shared ownership, determining G.’s share in the right in the amount of ¼.

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Thus, the Venevsky District Court of the Tula Region considered the case on the claim of Andreeva A.N., acting in the interests of the minor Andreeva P.V., against the administration of the municipal formation Venevsky District, Andreichenko L.A., Tudachkova T.S., Kocherov A.S. on recognition of ownership of a land plot with cadastral number 71:05:030302:407, location: Tula region, Venev, st. Stroitelnaya, 9. classified as land - land of settlements, with permitted use - for the operation and maintenance of part of an individual residential building, with an area of -1262 +/- 12 sq.m., in accordance with the procedure of privatization.

How to convert an apartment into part of a residential building

The question of how to convert an apartment in a one-story building located on a plot of land into part of a residential building worries many. And not only this. How to then register changes in Rosreestr and obtain the necessary documents. Our readers' questions resulted in two articles. One of them is partially published. The full text of the article can be found on our website.

In accordance with paragraph 2 of Article 16 of the Housing Code of the Russian Federation, a residential building

an individually defined building is recognized, which consists of rooms, as well as premises for auxiliary use, intended to satisfy citizens' household and other needs related to their residence in such a building.

How to carry out the procedure for transferring a residential building to an apartment building or a hotel

As for the transfer to a hotel, according to Part 4 of Art. 16 of the Housing Code of the Russian Federation. Rules for the provision of hotel services in the Russian Federation (approved by Decree of the Government of the Russian Federation of April 25, 1997 N 490) “hotel” is a property complex (building, part of a building, equipment and other property) intended for the provision of services, respectively hotel is not a residential premises.

"2. If the owner of a land plot and (or) a capital construction project intends to change the main type of permitted use to a conditionally permitted type of use, the procedure for granting permission for a conditionally permitted type of use of a land plot or capital construction project is applied.”

How to convert an apartment into a home status

There is a privatization agreement for an apartment dated 1994, written on a standard form. There is a clause in the agreement that the use of the apartment is carried out in relation to the rights to use residential premises, approved by Resolution of the Council of Ministers of the RSFSR dated September 25, 1985 No. 415. In fact, the building is a house; due to the presence in this agreement of the word Apartment, the administration refuses to allocate a land plot to it. And I want to sell this house with land, because... it is located in a rural area. How to transfer the status of an apartment to a house and where to apply for the allocation of a land plot to it. The notary said that we need to go to court, but she did not say what documents were needed for this. The administration issued a certificate that the building is not an apartment, but a residential building, and a registration certificate is also for a house, not an apartment..

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You need to contact the department of the Federal Service for State Registration, Cadastre and Cartography (Rosregistration) at your place of residence, if you privatized your house after 1998, then they have information about you as the owner, in this case you need to write an application for changes in the information about the object, attaching a certificate and registration certificate on their basis (since it indicates that this is still a house, not an apartment), change the status of the apartment to an individual residential building.

Step-by-step instructions for transferring a residential apartment to non-residential premises 2021

Floor plan of the building and its explication . To obtain it, you must contact the Department to obtain a power of attorney to order documentation from the BTI. The Bureau will need to submit an application in the prescribed form and attach the applicant’s identity card, as well as title papers for the premises. This could be an agreement on the transfer of rights, an inheritance certificate, an extract from the Unified State Register and more. The preparation of documents may take up to 30 days.
Registration certificate and apartment layout . They can be taken from the BTI.
Conclusion of Rospozhnadzor on the compliance of the premises with established standards. You can obtain it from the State Fire Department of the Ministry of Emergency Situations by submitting an application of a certain sample. After examining the object, the service employee makes a conclusion that it meets the current requirements.
Conclusion of Sanitary and Epidemiological Supervision . It is compiled by the SES after an employee of the organization has examined the premises planned for transfer.
DEZ certificate containing information about the purpose of other real estate located on the same floor as the object. The certificate is issued by the organization that maintains the house, upon application by the interested citizen. It is accompanied by a Russian passport and a power of attorney from the representative, as well as a title document for the apartment.
A report on the technical condition of the entire building, issued by housing departments, homeowners' associations and other management organizations.
An extract from the house register issued at the passport office. It contains information about all people registered in the living space. This document is valid for no more than 14 days.
Redevelopment project . It is prepared in a design company that has the appropriate license.

Contact the registration service with an application to transfer housing into commercial property. It must be accompanied by:
title documentation;
protocols of the municipal body and BTI;
cadastral passport;
When applying, a legal entity must submit constituent papers and a power of attorney to represent interests.
Pay the state fee in the prescribed amount. Today this amount is 1000 rubles . The receipt is attached to the package of documents.
After the documents are accepted by the employee, a receipt is issued indicating the date the document was received.
On the appointed day, an extract from the Unified State Register (USRE) is issued with the changed status of the object, giving the right to conduct commercial activities in it.

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If you combine two apartments into a house, try contacting the Office of the Federal Registration Service for your region with an application to make changes to the Unified State Register. I remember using this method to combine several rooms into an apartment; I don’t know for sure about apartments into houses, but I assume that the situation is similar.

There is a residential building, there were three owners, one of whom is the administration. The administration allocated the citizen an apartment in a residential building, then he sold it. X. is the new owner of the apartment, but cannot formalize the rights to the land plot. Now this is the situation - according to the BTI, this is a residential building, the ownership of which has three owners, one of whom is the administration. And at the same time, there is such an object - an apartment, the owner of which is X.

Rights of owners of residential and non-residential premises of an apartment building

In particular, he has the right to participate in a general meeting at which the most important issues relating to common property are discussed. For example, its reconstruction or reconstruction, as well as the disposal of the local area. This could be a solution to the problems of unauthorized parking near shops located in apartment buildings.

Shops, hairdressers, pharmacies and other commercial organizations in apartment buildings are now not uncommon. It is more profitable and easier for entrepreneurs to buy an apartment and convert it into an office than to find a special premises with an acceptable rent or an inexpensive plot of land for construction. But for residents, such a “neighborhood” often results in inconvenience. For example, refrigerators, air conditioners and other equipment operate around the clock, and are very loud. The most common violation is unauthorized parking. After all, a person parking next to a store located in a residential building does not have the idea that he is actually leaving the car on someone’s property.

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How to convert an apartment into a residential building

The said paragraph of the Regulations states that an apartment building is a set of two or more apartments that have independent exits either to a land plot adjacent to a residential building or to common areas. An apartment building contains elements of common property of the owners of the premises in accordance with housing legislation.

Recognition of an apartment as part of a residential building is also possible if the owners of all apartments in the building apply to the court with a claim to transfer their apartment to part of the residential building, and also provide the court with evidence that each apartment in the building is a structurally separate object that does not have utility networks, equipment and communications shared with other apartments, serving more than one room in the house.

Conditions for changing the status of residential premises

To process the transfer of an apartment to a residential building, it is important to comply with several requirements:

Availability of local area.
Separate entrance equipment. There should not be a common entrance.
Lack of common areas: staircases, elevators, corridors.
Autonomy of engineering systems. The separated apartment must have separate water, electricity, heat, gas supply, drainage, and heating.

Note! If several apartments are being converted into a private house, it is important that the height is no more than three floors. There are additional requirements: consent of all owners to the transfer. For minor owners, parents give consent. Housing should not be recognized as unsafe; encumbrances are not allowed.

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How to convert an apartment into a residential building

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How to convert a municipal house into a private one

The situation is as follows: a year ago I bought an apartment in a two-apartment building (that is, one house for two owners, entrances to the house in different parts of the world). The land next to the house is 8 acres (each of the two owners has 8 acres, and so on throughout the village). The land was allocated for an indefinite lease to the first owner of my half of the house, who has already died (97-99). This owner's wife and two daughters sold these half houses to the second owner in 2002.

Hence. privatization. let's say. cooperative apartments. as well as apartments (rooms) owned by private organizations is impossible. It makes no sense, since the main goal of privatization is the transfer of state and municipal residential premises to the private sector, in this case, to the ownership of citizens.

How to register 1

3. An apartment is recognized as a structurally separate room in an apartment building, providing direct access to the common areas in such a house and consisting of one or more rooms, as well as premises for auxiliary use, intended to satisfy citizens’ household and other needs related to their residence in such a separate room.

1. The owners of premises in an apartment building own, by right of common shared ownership, premises in this building that are not parts of apartments and are intended to serve more than one premises in this building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors , technical floors, attics, basements in which there are utility lines, other equipment serving more than one room in a given house (technical basements), as well as roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment , located in this house outside or inside the premises and serving more than one room, the land plot on which this house is located, with elements of landscaping and landscaping, and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot (hereinafter - common property in an apartment building). The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.

Is it possible to convert non-residential premises into residential premises in an apartment building?

- treatment and preventive organizations providing assistance to infectious diseases (including tuberculosis patients), with the exception of outpatient consultation with a dermatologist (clause 2.7 of SanPiN 2.1.3.2630-10 “Sanitary and epidemiological requirements for organizations engaged in medical activities”);

If the premises have several owners, the best solution is to issue a power of attorney for one person who will handle the transfer process. This person (the owner or an expert from the legal environment) will be able to take the necessary steps independently. You draw up and have a power of attorney certified by a notary.

How to convert a country house into a residential one

“If a dacha or garden cooperative is attached to a locality, then, accordingly, you need to contact the local government body - either the chairman of the village council, or the district state administration with the appropriate package of documents,” comments Svetlana Bovsunovskaya, president of the League of Experts of Ukraine.

Many people today are faced with the problem of converting residential premises to non-residential premises and vice versa. If you purchased a house that is located in a non-residential building, and you want to convert it into a non-residential one, then you must meet some requirements before this becomes possible. There are many different companies that are ready to help you in this difficult matter, but in order not to fall into the hands of scammers, you need to understand a little about the basic concepts of this topic.

How to Change the Status of a Residential Building

For a “residential building”, compliance with these requirements is not mandatory. However, the practical meaning of this distinction tends to zero, since: - there is no indication that a residential building can only be unsuitable for permanent residence.

At the same time, no distinctions have been made between a “residential building” (according to the Federal Law “On Gardening, Gardening and Dacha Non-Profit Associations of Citizens”) or an “Individual Housing Construction Object” under the Town Planning Code on the one hand, and a “residential building” on the other. However, no definition has been established at all for a “residential building”[2].

12 Jun 2021 uristlaw 875

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