Transfer of residential premises to non-residential

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Non-residential premises must comply with the requirements of the Housing Code of Russia. If the apartment being transferred to the non-residential fund is located in an apartment building, then it must be located on the ground floor of the building. If the apartment is located higher, then the premises that are directly under this apartment must be non-residential, otherwise the transfer of the premises to the non-residential fund will be refused.

Restrictions that do not allow the transfer of residential premises to non-residential

  1. if access to non-residential premises is impossible without the use of premises that provide access to other residential premises.
  2. if a separate entrance cannot be made in the planned non-residential premises, then the transfer of such an apartment to the non-residential fund will not be possible.
  3. if the windows in the planned non-residential premises face the courtyard, then the transfer of the premises will be refused.
  4. if the apartment is located in an HOA or a cooperative, then the written consent of at least 2/3 of the apartment owners of this house will be required for transfer to a non-residential fund.
  5. transfer to a non-residential fund is not possible if the ownership of the apartment is encumbered with the rights of other persons.

List of documents that must be provided for consideration of the transfer of an apartment to a non-residential fund

  • a statement stating the reason for the transfer;
  • a document confirming the ownership of the residential premises;
  • a certificate stating that there are no registered persons in the apartment;
  • project of redevelopment and reorganization of the premises;
  • approval of this project in the bodies of the Architectural Department of the District (APO), Gospozhnadzor, Rospotrebnadzor (SES);
  • technical opinion of an organization that has a license to conduct survey work in residential buildings;
  • a certificate issued by the district administration stating that the residential building is not in the plans for reconstruction (major repairs), is not emergency, and is also not subject to demolition;
  • floor plan of the building;
  • a letter from the APA on whether it is possible to arrange a separate entrance to the premises, which is informational in nature;
  • act of inspection of the technical condition of the premises;
  • extract from the register;
  • for legal entities - copies of statutory documents, certificates of registration with the tax authority and certificates of registration.

Our company provides assistance in the transfer of apartments to non-residential fund.


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