A dwelling is any dwelling adapted to human life in accordance with the law.
The parameters of living space are regulated by such a document as the State Building Norms, or DBN in the act 2.2-15-2002. For example, the following conditions must be met in the room:
- height not less than 2.5 m;
- bathroom area from 3.8 m;
- ventilation equipment;
- connection to utilities.
In addition, there are requirements for noise levels, electromagnetic fields, vibration, sanitary and hygienic standards. The list is long, even the thickness of the walls and the materials from which they are made. This is one of the reasons why high-rise residential buildings are built for a long time and the price per square meter in them is high, in contrast to commercial areas and buildings.
Accordingly, the housing stock is all the premises in which, according to the law, a person can live. This includes all forms of ownership and types of premises: from ordinary apartments to dormitories, hotels and even homes for the elderly. During the delivery of the object after construction, all of them are inspected by relevant bodies and commissions and are recognized as fit for life.
Conversion of non-residential premises into residential
The question of such re-registration arises for owners of commercial space quite often. Sometimes even the developers themselves sell the premises, which from the beginning are intended for apartments, as non-residential, to reduce their cost or even at the construction stage to save on materials and compliance. And the owner himself is engaged in the design of the premises as housing with the necessary modifications. Yes, often want to transfer to the housing stock:
- studio;
- apartments;
- workshop.
They can be located in a residential building, but according to the documents may be uninhabitable. It is important to understand that document manipulation is a change in the purpose of the premises. And to conduct it properly, you need to make some effort. But the reward will be the opportunity to register a place of registration there and live on a completely legal basis.
The procedure for converting non-residential premises into residential
To do this, most likely, will have to modernize the premises. Or even redevelopment, because it has requirements for housing. If construction work has already been carried out, it is necessary to collect a package of documents. It includes:
- application for change of purpose;
- a copy of the document by which the balance holder is notified of the transfer to another fund;
- a copy of the passport and TIN of the owner of the premises;
- a copy of documents to confirm the rights to own square meters;
- a copy of the technical passport of the transferred area and the plan of the whole floor;
- if you want to seriously change the premises – a project of works;
- photos.
This package must be submitted to the Center for Administrative Services. From there, he will be sent to the Department of Urban Development, where a decision is made to transfer to the housing stock or to refuse. The answer is sent to the CNAP, and then to the person who provided the documents.
Note two nuances. First, the processing of documents takes about two months. Secondly, the list of documents may differ in different cities of Ukraine. It depends on the city master plan and building planning.
Cases of refusal
Sometimes the transition from non-residential to residential can be problematic. Difficulties arise if the object does not meet the requirements of living space. Examination of documents may require reconstruction. The procedure after the refusal of the Department of Urban Development is as follows:
- it is necessary to obtain a reconstruction permit;
- issue a new technical passport;
- get ownership again.
If the reconstruction is denied, then the transition to housing is impossible. This happens, for example, with basements that are not intended for housing at all.
Features of non-residential premises in new buildings
In new homes, you can suffer because of the dishonesty of the developer. In such cases, under the guise of a residential apartment sell non-residential premises. Transferring them to the right fund may take some time or be impossible. To avoid such situations, you should check the developer or realtor:
- in the documents for the area should be written “apartment” or “room”;
- if it is recorded as an apartment, studio, smart apartment, then, most likely, the room is non-residential;
- check the letter of approval from the Ministry of Regional Development, Construction and Housing.
These are the most effective ways to determine the fund of the room.