Convert residential to non-residential

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Convert residential to non-residential
08.01.2020

Non-residential property is any property that is not part of the housing stock. In other words, the concept of non-residential premises is not fixed in the legislation. It is only said that premises in residential buildings cannot be provided for industrial needs, as this is prohibited.

Non-residential premises are called the area that is located in a residential building, but at the same time it does not belong in the housing stock and goes as an independent object of legal relations.

These state concepts are described in more detail in the state building standards DBN V.2.2-15-2005 “Residential buildings. Basic Provisions ”and DBN V.22-9-99“ Public Buildings and Structures ”.

In accordance with paragraph 2.50 of the section "Non-residential floors (rooms)" DBN V.2.2-15-2005 in the first, second and basement floors of residential buildings can be placed:

  • Administrative premises;
  • Retail stores, catering, consumer services, in accordance with the list and the requirements of the total area and number of visitors. (Clarification of the Ministry of Construction, Architecture and Housing and Communal Services of Ukraine of December 1, 2006, “Concerning the Definition of Terms of Residential and Non-Residential Premises”).

What are the requirements for the transfer of residential premises to non-residential?

  1. Located on the basement, first and second (if located above the non-residential premises) floors;
  2. The possibility of technical arrangement of the ramp, entrance and, most importantly, emergency exit;
  3. No one should reside in this dwelling;
  4. The house should not be in an emergency (dilapidated) condition;
  5. The house should not be a monument of architecture.

It is forbidden to transfer residential premises to non-residential if you have such goals:

  • public toilets;
  • funeral service;
  • industrial facilities;
  • glass container receiving point;
  • an enterprise that may cause air pollution
  • objects where flammable and explosive objects will be used;

If everything is in order and activity is not prohibited, then proceed to the next step.
The transfer of residential premises (residential buildings) into non-residential is carried out by contacting the center for the provision of administrative services regarding intentions.
An owner who intends to transfer a dwelling to non-residential must contact the administrative services center with a written statement of his intentions to transfer the residential (residential) building to non-residential without determining its functional purpose.

Also, be sure to carry with you in addition:

  • notarized copies of documents that will confirm your ownership;
  • material and technical inspection of the premises, which were made in accordance with legislative requirements.

If the transfer of a dwelling to non-residential involves its restructuring and changing its functional purpose, then the application shall indicate its specific purpose, for example, a warehouse or a store.

In this case, the department will issue a set of conditions for the development of project documentation for a specific facility. The package includes the following documents:
    • technical conditions;
    • urban planning conditions and site development restrictions;
    • design assignment.

Based on this, a reconstruction project is ordered from a company that is engaged in design and has a corresponding license. After receiving the project documentation, the owner submits a declaration of commencement of work to the State Agency for Civil Protection.
In ProfiStroy you can order the design of buildings and structures.

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