The procedure for registering the redevelopment of non-residential premises. Redevelopment of non-residential properties

In most cases, to maintain entrepreneurial activity Reconstruction or redevelopment of non-residential premises is required. Read our article about the procedure for registering redevelopment established by the legislation of our country, in what cases it is necessary to obtain permission from government services and how the final act is drawn up. Redevelopment of non-residential premises in most cases is an important component of doing business. The main goal of the redevelopment is to improve the quality and operating conditions of non-residential premises with a change in its functional use. Carrying out redevelopment or reconstruction is necessary to achieve parameters in the premises that correspond not only to the profile and functional requirements of the organization, but also to the norms of the legislation of the Russian Federation.

If the premises belong to an apartment building, you must initially complete.

Changing the configuration of non-residential premises involves two redevelopment options:

in a separate non-residential building - with mandatory approval from the BTI;
on the ground floor of an apartment building - agreed with the housing inspection; written consent of all residents is required.

In addition, redevelopment of non-residential premises can be:

while maintaining existing communications and the functional purpose of the premises;
with multiple changes and full profiling of the premises to meet the needs necessary for running a business.

Redevelopment of non-residential premises includes: changes (reducing or increasing) the area of the room space, changing the location of functional premises, dismantling or cutting in additional window/door openings, demolition interior spaces, recorded in the technical passport, arrangement extra space in order to expand the premises for special purposes. Official legalization of the redevelopment of non-residential premises will be required in the following cases:

construction of additional walls/partitions that significantly increase the weight load on the load-bearing structural elements;
reconstruction or change of the location of sanitary areas inside the premises (bathroom, toilet);
transfer and equipment of auxiliary elements (loggias, balconies, windows, flights of stairs), as well as changing their shape and color;
glazing of loggias and balconies;
changing the size of window/door openings or their installation in load-bearing structures or inter-apartment partitions;
device additional equipment, the operation of which not only entails an increase in water or electricity consumption, but also requires additional engineering and communication networks (bathtub, shower, electric stove, etc.);
changes in the floor structure, as a result of which the load on the load-bearing elements of the structure significantly increases (floor screed, replacement of flooring);
elimination or reconstruction of staircases and vestibules;
installation of roller shutters, antennas, external unit air conditioning systems;
elimination or installation of window/door openings in walls facing the street while maintaining unchanged the structures separating cold rooms.

Coordination and permission for redevelopment of non-residential premises

No redevelopment or reconstruction can be carried out in any premises selected for conducting any type of business activity without obtaining the appropriate permission from the government agencies. Permission for redevelopment is issued on the basis project documentation on the planned work, developed by specialists of an organization that has SRO approval to inspect the premises, in particular, the location load-bearing structures, communication and utility networks(water supply, sewerage, air conditioning systems, etc.), the possibility of making changes to the original construction project. In order to obtain permission to approve the redevelopment of non-residential premises, the following package of documents is required:

statement on behalf of the customer;
copies of documents confirming the property, certified by a notary;
notarized copies of the constituent documents of a legal entity;
written consent for the redevelopment of non-residential premises from the building manager (or operating company); in turn, the building manager must inform the owners/tenants of adjacent premises about possible redevelopment premises, draw up technical inspection reports of adjacent premises for the possibility of visits by regulatory authorities in order to check the conduct of repair and construction work;
documents issued by the Bureau of Technical Inventory (BTI), the validity period of which must be no more than 12 months from the date of issue (floor plans, extract from the technical passport and a copy technical passport);
a project for the redevelopment of non-residential premises and an agreement for architectural supervision of the work (must be provided in case of changes in the positions of load-bearing structures, utilities, architectural changes to the appearance of the building, etc.);
permitting documents for the possibility of using the premises for another purpose - required if you plan to change functional purpose(for example, use a retail space as a dance hall); documents must be drawn up in accordance with sanitary and building codes;
a civil liability insurance contract that provides for liability for damage to property, life and health of other people, which may arise as a result of redevelopment work.

Time limit for consideration of an application for permission to redevelop premises in a non-residential or residential building apartment building is 30 working days. The permit is issued after agreement with the supervisory authorities.

The main stages of approving the redevelopment of non-residential premises:

Receiving documents from the Technical Inventory Bureau (explication, floor plan, forms 5 and 1-a).
Development of a project for redevelopment of premises in a specialized organization that has the appropriate permit.
Coordination with government authorities.
Submission of agreed documents to the city housing inspection.
Obtaining permission from the relevant authorities to carry out redevelopment work.
Direct execution of repairs and finishing works for redevelopment of non-residential premises.
Acceptance of completed work and signing of the act of completion of the reconstruction.
Submitting an act to the BTI, making changes to the cadastral passport and obtaining new documents taking into account the redevelopment.
Introducing completed changes to the state certificate of ownership.

Act of redevelopment of non-residential premises

The final stage of redevelopment of non-residential premises is the signing of an act on the reconstruction work carried out. Acceptance of the premises and signing of the act of completion of work on the redevelopment of non-residential premises is carried out in the presence of:

owner of the premises (owner, tenant or subtenant, other authorized person, if any);
balance holder of the building in which the redeveloped non-residential premises are located (MC, HOA and others);
representatives design organization, which carried out the development of a project for the redevelopment of non-residential premises;
representatives of the organization responsible for the operation and technical condition of the building;
representatives of the fire control service;
representatives construction organization, which carried out redevelopment and reconstruction work.

During the acceptance of completed work on the redevelopment of non-residential premises, invited persons check:

compliance of the work performed with the project submitted for approval and the permit received;
availability of access to engineering communications common house use;
the presence, as well as the correctness of execution of acts for carrying out hidden work;
availability and maintenance of a production log repair work on redevelopment.

The act of redevelopment of non-residential premises is signed in three copies: one remains with the owner, the second is transferred to representatives of the housing inspection for sending to the BTI, the third copy remains for storage in the archives of the housing inspection.

Redevelopment of non-residential premises without approval from the relevant authorities

Approval and permission for redevelopment of premises, both in a non-residential building and in an apartment building, will not be required in cases where:

Only cosmetic finishing will be carried out inside the premises, including painting the walls, wallpapering, plastering the walls, etc.;
it is planned to replace sanitary equipment with one of similar size, without changing the location;
It is planned to carry out work on the installation/dismantling of built-in furniture elements that are not indicated in the technical documentation of the premises.

The Housing Code of the Russian Federation provides for the legalization of significant redevelopment of premises, carried out without approval from the relevant authorities, through the judiciary. In this case, the owner of the premises will have to try to prove that the redevelopment project does not pose a threat to the life and health of citizens, and does not violate their rights and legitimate interests. It is also worth considering that illegal or non-residential property excludes the possibility of free disposal of this property, that is, such premises cannot be exchanged, sold, inherited, or registered as collateral for the purpose of obtaining a loan from a bank. To exercise your right to own a property, you will have to return its appearance to the original design.

Close attention is paid by state executive authorities to legal entities, in respect of which protocols are drawn up and significant penalties are imposed for illegal redevelopment of premises.

Documents for premises with completed redevelopment are put in order in four steps:

preparation of design and permitting documentation:
1. for an apartment or non-residential premises in a residential building, it is necessary to obtain from the Moscow Housing Inspection an act of completed reconstruction and/or redevelopment;

2. for premises in a non-residential building, it is necessary to obtain a technical report from the design organization on the fact of the completed redevelopment;
making changes to the technical documentation of BTI;
drawing up a technical plan of the premises;
making changes to the state real estate register and obtaining a new extract from the Unified State Register of Real Estate.

Step 1. Registration of design and permitting documentation

If the redevelopment of the premises was carried out in a residential building, it is required to obtain an act of completed redevelopment and/or redevelopment from the Moscow Housing Inspectorate. To do this, you need to contact the Housing Inspectorate at the location of the premises with an application for approval of the reconstruction and (or) redevelopment of the premises in an apartment building and a residential building. The application must be accompanied by a set of documents, including:

project for reconstruction and (or) redevelopment of premises in an apartment building and residential building;
technical passport for residential premises or technical documentation for non-residential premises;
documents confirming the consent of the owner of the premises for its reconstruction and (or) redevelopment;
conclusion on the admissibility and safety of the work carried out on the reconstruction and (or) redevelopment of the premises, if a decision on approval of the reconstruction and (or) redevelopment has not been received.

If the work was carried out in a room located in a non-residential building, then there is no need to contact the Moscow Housing Inspectorate. It is enough to provide a technical report on the technical condition of the structures of capital construction projects and the possibility of carrying out the planned work. The conclusion is prepared by the design organization based on the results of the survey.

We are ready to help:

prepare required package documents for obtaining a certificate from the Moscow Housing Inspectorate;
prepare a project and technical report on the fact of the completed redevelopment.

Step 2. Making changes to the BTI documentation

Redevelopment of a residential premises is a change in its configuration, requiring changes to the technical passport of the residential premises.

Therefore, after receiving the act of completed reconstruction and/or redevelopment, you need to make changes to the technical passport.

Redevelopment of non-residential premises is not regulated today. Normative documents according to technical inventory does not apply to non-residential buildings. However, when using premises, some government bodies BTI technical documents are still required on their own initiative.

In this case, after receiving a technical conclusion on the admissibility and safety of the work performed, appropriate changes are made to the floor plan.

Step 3. Drawing up a technical plan of the premises

In order to transmit new information about the current layout and area of the premises to the real estate register, a technical plan prepared by a cadastral engineer is required. In technical terms, in addition to the graphic part, the main characteristics of the premises are reflected, including the cadastral number of the premises, the cadastral number of the building in which it is located, address and area.

To prepare a technical plan in connection with redevelopment, the following documents are required:

design and permitting documentation;
for premises in a residential building - an act of completed reconstruction and/or redevelopment, in a non-residential building - a technical conclusion from the design organization;
document confirming the right to premises;
registration for a premises with an old layout;
floor plan with new layout and explication.

To confirm the correctness of this information, the technical plan also includes a declaration about the property, which is approved by the owner of the premises.

How to properly carry out redevelopment or reconstruction of non-residential premises (facilities)? This question is often asked by owners and tenants of non-residential premises or facilities. And this question arises for a reason. After all, an incorrectly executed redevelopment or reconstruction can lead to unfavorable legal, property and even tax consequences. This article will discuss the procedure for approving redevelopment (reconstruction) in non-residential premises apartment buildings, as well as redevelopment (reconstruction) of non-residential objects (buildings, structures).

First, let's look at the procedure for redevelopment of non-residential premises in an apartment building. These actions are regulated, first of all, by Chapter 4 of the RF Housing Code.

Redevelopment of premises (both residential and non-residential) is a change in its configuration, requiring amendments to the technical passport of the residential premises (Clause 2 of Article 25 of the Housing Code of the Russian Federation). Such redevelopment is varied and in essence can consist of combining or separating bathrooms (toilet with bathtub), changing doorways, installation, relocation or creation of new non-load-bearing walls, downsizing or consolidation of multi-room apartments, changing the area of non-residential premises by converting the kitchen into an office. Construction of additional entrances to this non-residential premises, elimination or equipment of vestibules and utility rooms, etc.

The regulatory procedure and conditions for the redevelopment of non-residential premises are set out in the Rules and Standards for the Technical Operation of the Housing Stock, approved by Resolution of the State Construction Committee of Russia dated September 27, 2003 No. 170. According to this document, it is impossible to carry out work that may cause damage to the strength, reduce its durability or destroy the load-bearing structures of the building ; disruption in work engineering systems and (or) equipment installed on it; deterioration of safety and appearance facades; violation of fire safety devices.

Also, the redevelopment of non-residential premises in apartment buildings in Moscow is regulated by Decree of the Moscow Government dated October 25, 2011 No. 508-PP “On the organization of redevelopment and (or) redevelopment of residential and non-residential premises in apartment buildings” (hereinafter referred to as Decree No. 508-PP ). This document contains requirements for redevelopment, as well as regulations for the approval of such work, requirements for the composition of the project, etc.

Thus, this document states that work on the redevelopment of non-residential premises in apartment buildings, which may pose a threat to the safety of life or health of citizens, as well as a possible risk of damage to structural strength apartment building, are carried out on the basis of a project for redevelopment of premises in an apartment building.

In clause 2.2. This document contains a list of works that are redevelopment:

arrangement (relocation) of restrooms and bathrooms;

dismantling partitions, creating openings in partitions enclosing gasified premises;

installation of load-bearing walls;

arrangement of openings in ceilings (when combined vertically) with the arrangement of internal stairs;

installation or modification of floor structures carried out in order to repair (replace) existing ones;

arrangement of openings in load-bearing walls and inter-apartment partitions;

sealing unauthorized openings in load-bearing walls and ceilings, etc.

This document also contains prohibitions on certain types of work on reconstruction and (or) redevelopment of residential and non-residential premises in apartment buildings:

deterioration of the operating conditions of the house and residence of citizens, including difficulty in accessing utilities, disconnecting devices and other activities (work) causing deterioration of the operating conditions of an apartment building and residence of citizens;

reconstruction of premises or adjacent premises, in which they can be classified as in the prescribed manner classified as unfit for habitation;

touching premises in an apartment building registered with the headquarters for civil defense and emergency situations, without the appropriate permission from the chief of staff;

violation of the strength and stability of the building’s load-bearing structures, which may lead to their destruction, etc.

The said work is carried out on the basis of a decision to approve the redevelopment of premises in an apartment building, followed by the acceptance committee issuing an act on the completed redevelopment of premises in an apartment building in accordance with the administrative regulations approved by the Moscow Government. In accordance with the regulations enshrined in the Decree of the Moscow Government of October 25, 2011 No. 508-PP, approval of redevelopment and execution of an act on the completion of such redevelopment is carried out by the Moscow Housing Inspectorate, in particular, the “one window” service of the Moscow Housing Inspectorate or multifunctional centers for the provision of public services of the city of Moscow (hereinafter – MFC).

Addresses and telephone numbers of the “one window” services of the Moscow Housing Inspectorate, located in the administrative districts of Moscow, are posted on the official website of the Moscow Housing Inspectorate http://www.mzhi.ru.

When contacting this service, the applicant must provide:

application for approval of the redevelopment of premises in an apartment building;

copies of title documents for non-residential premises in an apartment building;

technical certificate;

consent of the owners. The applicant independently obtains consent for the reconstruction and (or) redevelopment of non-residential premises in an apartment building, which is the property of the city of Moscow, from the Moscow City Property Department.

prepared and executed redevelopment project.

The decision on approval is applied within twenty days (clause 2.14.3 of Resolution No. 508-PP).

Upon receipt of the certificate of completion of redevelopment, the applicant must submit:

application for execution of an act of completed reconstruction;

contract for the implementation of work related to redevelopment and architectural supervision;

work production log filled out in accordance with the requirements established by the Moscow Government. These requirements are approved in Appendix No. 4 of Resolution 508-PP.

The acceptance committee issues a certificate within ten days (clause 2.15 of Resolution No. 508-PP).

Now let's look at the procedure for redevelopment (reconstruction) of non-residential objects (buildings, structures). This question is in Last year has acquired particular relevance, since at the Moscow city level a number of documents that regulated this issue have been canceled. But first, let's look at federal regulations on this issue.

At the federal level, the concept of redevelopment of non-residential properties is not legally established. But the concept of reconstruction of non-residential objects is fixed. It is much more extensive and inherently includes redevelopment. So, in Art. 1 of the Town Planning Code of the Russian Federation, reconstruction of capital construction projects is understood as a change in the parameters of a capital construction project, its parts (height, number of floors, area, volume), including superstructure, reconstruction, expansion of a capital construction project, as well as replacement and (or) restoration of load-bearing structures building structures of a capital construction project, with the exception of replacing individual elements of such structures with similar or other elements that improve the performance of such structures and (or) restoration of these elements.

In accordance with Art. 8 of the Urban Planning Code, the powers of local government bodies include the functions of issuing permits for putting objects into operation during the construction, reconstruction, and major repairs of capital construction projects located in the territories of settlements.

Earlier, before the adoption of the Moscow Government Resolution No. 551-PP dated November 22, 2011 “On invalidating the Moscow Government Resolution No. 621-PP dated August 16, 2005 and certain provisions of the Moscow Government Resolution No. 472-PP dated June 8, 2010”, the process approval of redevelopment was regulated in detail. Based on Resolution No. 621-PP, the prefectures adopted a number of documents that regulated the approval procedure. And it is worth noting that these documents continue to be in force, although Resolution No. 621 PP has been cancelled.

According to the Decree of the Moscow Government dated June 24, 2008 No. 554-PP “On the City Target Program for the creation of district and district service centers for the population and organizations based on the “one window” principle” in the territory of the city of Moscow for 2009-2011.” and Order of the Moscow Government dated March 1, 2007 No. 333-RP “On approval of the Regulations on experimental service centers for the population and organizations of the district and district level in the “one window” mode”, a package of documents for approval of the redevelopment of non-residential properties is submitted to the one-window service of the prefecture of the administrative district.

To coordinate work on the redevelopment of non-residential properties, the applicant (individual or legal entity) must provide the following package of documents, which includes:

statement;

power of attorney from an individual or legal entity to obtain a permit (if the applicant is a representative of an individual or legal entity);

documents confirming the authority of the head of the legal entity (if the application is submitted directly by him);

identification document of the applicant;

copy of the Unified State Register of Legal Entities certificate;

a copy of the title document for the occupied premises and use of the facility (certificate of state registration of ownership, lease agreement, agreement for the right of operational management), certified in the prescribed manner;

a legal act of an executive authority authorizing a change in functional use (when refurbishment of premises);

approval of the balance holder (for state and city property objects), formalized in the manner prescribed by law;

approval of the owner of the property (for rented premises), formalized in the manner prescribed by law;

design documentation prepared and executed in accordance with the intended type of work.

In accordance with the Order of the Moscow Government dated 01.03.2007 No. 333-RP “On approval of the Regulations on experimental service centers for the population and organizations of the district and district level in the “one window” mode”, the period for preparation, execution and issuance of the final document to the applicant is no more than twenty working days.

It is also worth noting that on the territory of the city of Moscow, the Order of the Moscow City Architecture Committee dated July 17, 2008 No. 133 “On the preparation and execution of design documentation for redevelopment and (or) reconstruction of premises” is in force, which contains detailed description preparation and execution of a redevelopment project for non-residential properties. So, for example, when submitting documents for registration of a project, it is necessary to submit documents to the office of the State Unitary Enterprise “GlavAPU”.

When submitting an application, the Applicant submits:

letter of guarantee application for the preparation of the Conclusion indicating the details of the Applicant, the source of financing for the work and on the organization’s letterhead (for legal entities), full name of the responsible executor (for legal entities), contact persons and telephone numbers;

application-task for preparation of the Conclusion;

design documentation drawn up in the prescribed manner;

copies of title documents for the object;

design assignment or technical assignment (if necessary);

Basic moments

Often carried out in residential premises. But to carry out actions of a certain nature, it is necessary to prepare special permitting documents.

Usually this is required when dismantling the walls separating rooms, as well as some other manipulations.

The main reason for this is the presence of certain requirements for such repairs. Failure to comply can lead to quite serious problems with the law.

There are a number of different issues that are worth researching in advance if possible. In the future, in this way it will be possible to avoid various types of fines and legal proceedings.

Key questions of this type include the following:

What it is?
Who does it apply to?
Where to contact?

What it is

Before you begin a major, large-scale renovation of a residential or commercial premises, you need to understand the basic concepts.

Drawing up an application

Permission to carry out appropriately carried out redevelopment is given only if all the documents required in this case are available.

You will also need a special application. Its format itself is not established at the legislative level.

But at the same time it must contain the following points:

At the bottom of the document there must be a signature with a transcript.

Attached paper

To obtain the appropriate permit, you will need to collect a fairly extensive list of various documentation.

This list for 2017 includes the following:

Technical passport of the residential premises.
Redevelopment project.
Statement.
Documents confirming ownership – title documents.
Consent in writing to carry out redevelopment from other owners.

It is important to remember that in certain situations additional documents may be required.

For example, if one of the owners is or is incapacitated, you will need to contact a special department social protection. Written consent from .

Features of collection

The one compiled by the Moscow Department of Housing Policy is also suitable as a technical passport.

But at the same time, this document must necessarily include Section No. 1. A passport of this type will be accepted as a technical one; you will not need to contact the BTI or other institution.

Submission order

The algorithm itself for surrendering all necessary documentation is standard. Moreover, both for registration of redevelopment of residential and non-residential premises.

This procedure looks like this:

Deadlines

This type of document is reviewed within 10 days. After which the institution makes an appropriate decision.

It is also necessary to remember that all documents received accordingly have a certain validity period.

The most important articles that you need to read before approving the project and carrying out the redevelopment:

Article	Description
	what types of reconstruction/redevelopment of residential premises exist?
	grounds for reconstruction/redevelopment of housing
	in what case and on what basis may a refusal to issue permission to carry out redevelopment in an apartment take place?
	how and in what order the reconstruction procedure should be completed
	what may be the consequences of unauthorized reconstruction, redevelopment of housing

The redevelopment process must be formalized accordingly. Otherwise, there is a high probability of many different difficulties.