From 01.01.01 No. 000, Government Decrees Russian Federation dated 01.01.01, No. 000, in order to ensure comfortable living conditions for citizens, improve the energy efficiency of heat supply systems in the housing stock of the Kadoshkinsky municipal district of the Republic of Mordovia, and also taking into account the numerous appeals of residential premises owners regarding the transfer of residential premises from centralized to individual heat supply

RESOLVE:

1. Approve the procedure for transferring multi-apartment, individual residential buildings and apartments in multi-apartment buildings to individual heating in the Kadoshkinsky municipal district of the Republic of Mordovia (attached).

2. To impose control over the execution of this Decree on the First Deputy Head of the Administration of the Kadoshkinsky Municipal District

Head of administration of Kadoshkinsky

municipal district

Annex to the Resolution of the Head
administration of Kadoshkinsky
municipal district
from 01.01.2001

Order translation on the individual heating apartment buildings, individual residential houses and apartments in apartment buildings houses inKadoshkinsky municipal area Republic Mordovia

1 This procedure determines the sequence of actions of tenants of residential premises under social tenancy agreements, owners of residential premises (apartments) in apartment buildings and owners of individual residential buildings (hereinafter referred to as residential premises) in the Kadoshkinsky municipal district of the Republic of Mordovia, who wish to transfer residential premises from centralized to individual heat supply (hereinafter referred to as the reconstruction of residential premises).

2. In order to organize work on the reconstruction of residential premises, the tenant of the residential premises, the owner of the residential premises or a person authorized by him (hereinafter referred to as the applicant) must submit the following documents to the Administration of the Kadoshkinsky municipal district that carries out the coordination (hereinafter referred to as the approval body):

Application in the form approved by Decree of the Government of the Russian Federation dated 01.01.01 No. 000 “On approval of the application form for the reorganization and (or) redevelopment of residential premises and the form of the document confirming the decision to agree on the reconstruction and (or) redevelopment of residential premises”;

title documents for residential premises (originals or notarized copies);

technical passport of the dwelling;

a project for the reconstruction of the living quarters prepared and executed in accordance with the technical specifications issued by the Kadoshkinsky gas section Management "Ruzaevkamezhraigas", "MP" Kadoshkinoelectroteploset "and / or utility services", agreed with the organizations that issued the technical specifications;

consent, drawn up in writing, on the reorganization of the residential premises, from all family members of the tenant of the residential premises who have reached the age of 14 years, including those temporarily absent;

9. The Commission in its activities is guided by the Housing Code of the Russian Federation, the Town Planning Code of the Russian Federation, Decree of the Government of the Russian Federation dated 01.01.2001 N 266 “On approval of the application form for the reorganization and (or) redevelopment of residential premises and the form of the document confirming the decision to agree on the reorganization and (or) redevelopment of residential premises”, other regulatory documents regulating the procedure for carrying out repair and construction work on the reconstruction of residential premises.

10. Commission:

2. considers applications and other submitted documents;

3.gives an opinion on the issue of reorganization

4. makes a decision on the approval of the reorganization or on the refusal to agree;

5. takes part in the acceptance of completed repairs and construction works, verification of conformity of the reorganization of the project documentation;

6. draws up an act of the acceptance committee on the completion of the conversion;

7. Establishes the term and procedure for bringing unauthorized refurbished living quarters back to their previous state.

11. Meetings of the Commission are held as needed.

12. Organizes the work of the Commission and conducts its meetings the chairman of the Commission, and in his absence - the deputy chairman of the Commission. Reception of citizens and office work is carried out by the secretary of the Commission.

13. If necessary, the applicant or his representative, representatives of organizations related to the issue under discussion may be involved in the work of the Commission.

14. The meeting of the Commission is considered competent with the participation of more than half of the total number of members of the Commission. The decision is taken by a simple majority of the members of the Commission present at the meeting by open voting, in case of equality of votes, the vote of the chairman of the meeting is decisive.

15. The conclusion of the Commission on the possibility of coordinating the reorganization is drawn up in a protocol signed by the chairman and the secretary, and is the basis for making a decision on approval or refusal to agree on the reorganization.

16. The project for the reconstruction of residential premises (hereinafter referred to as the project) is developed by legal entities or individuals who have a license issued in accordance with the current legislation for the right to carry out architectural and construction design and must be agreed with local fire, gas and sanitary authorities.

17. When designing and building, it is necessary to take into account the experience of applying the technical specifications previously developed for experimental construction facilities, and ensure compliance with the requirements of sanitary, explosion and fire safety and the reliability of operation of apartment heating systems.

18. The decision to approve or refuse to approve must be made no later than 45 days from the date of submission of the specified documents to the approval body. The decision is issued in the form approved by Decree of the Government of the Russian Federation dated 01.01.01 No. 000 “On approval of the application form for the reorganization and (or) redevelopment of residential premises and the form of the document confirming the decision to agree on the reconstruction and (or) redevelopment of residential premises.

19. Not later than 3 working days from the date of the decision on approval, the approval body issues or sends to the address indicated in the application to the applicant a document confirming the adoption of such a decision, which is the basis for the work on the transfer to an individual heating system of the dwelling.

20. When deciding on the transfer of multi-apartment buildings to individual heating, the body, by agreement, must take into account the factor of transferring all apartments in this building to individual heating.

21. After agreeing on the work on the transfer to an individual heat supply system, the applicant is obliged:

12. carry out repair and construction work in accordance with the project (design documentation);

13. provide free access to the place of repair and construction work for officials of the administration of the municipality or a body authorized by it to check the progress of work;

Carry out the work in a timely manner and in compliance with the agreed mode of work.

22. To perform repair and construction work on the installation of an individual heat source for a dwelling, the applicant enters into an agreement with a contracting organization that has the appropriate license

23. Repair and construction work is not allowed from 23.00 to 07.00.

24. After performing repair and construction work on the installation of an individual heat source, the applicant enters into an agreement with a service organization that has the appropriate license to maintain the in-house heating system.

25. Completion of the reorganization of the residential premises is confirmed by the act of the acceptance committee, in the form in accordance with Appendix No. 1 to this Procedure, which must be sent by the administration of the municipality to the organization for recording real estate objects.

26. Refusal to agree on the reorganization of residential premises is allowed in the event of:

1) failure to submit documents;

2) submission of documents to the wrong body;

3) non-compliance of the project for the reconstruction of residential premises with the requirements of the legislation.

27. The decision to refuse to agree on the reorganization of the living quarters must contain the grounds for refusal with a mandatory reference to violations.

28. The decision to refuse to agree on the reorganization of the living quarters is issued or sent to the applicant no later than 3 working days from the date of the adoption of such a decision and may be appealed by the applicant in court.

1. Owner or employer residential premises on treatysocial hiring, which It was arbitrarily rearranged and, violating topicsmost rights and legitimate interests citizens or created this threat them life and health, must lead such residential room in former condition, in termand on the conditions, certain Commission. AT otherwise case face, arbitrarilyrearranged residential room bears envisaged current legislation a responsibility.

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Question answer. Legal advice online

conversion of a residential building into an apartment building

Hello, tell me the best way to do it. A house for 4 owners with a separate entrance and gas and electricity supply, stands on land leased from the state. There was land surveying, but the tax comes only to our apartment. In order for the land tax to come to all owners, you need to convert the house into an apartment building. The question is, we have a self-construction in the form of an extension to the house. And a separate garage and a bathroom. What is the best thing to do, first remove the self-build, and then transfer the house to an apartment building or vice versa. And how to remove self-build?

Lawyers Answers

In order for the tax to “come” not only to you, but also to other shared owners, you need to go to the tax office and deal with this issue there.

I do not recommend changing the status of the house. Since the legal status of an apartment building will bring you more minuses than pluses. And yes, it will be very costly.

Your problem (taxes, land, unauthorized construction) can be resolved in other ways. More simple.

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We were sent from the tax office to the cadastral chamber, and they told us to change the status of the house. In the BTI, we are listed as a private house. And our address has a house number and an apartment number. So they can’t figure out our house or apartment ... We did the surveying of the land, so the tax comes only to us on all 18 acres on which the house and the land adjacent to it stand. And we don’t know what to do with all this “wealth” ?What in a simple way is it possible to remove self-build?

Before making a decision to change the status of housing, it is necessary to study in advance the procedure and conditions for carrying out the transformations. It is worth considering the inadmissibility of the transfer in the event of a ban on the commission of such actions. The list of conditions necessary for the transfer of an apartment is indicated in Art. 22 LCD RF. Among the requirements - mandatory compliance with the norms of legislation on urban planning and architecture.

When the transfer of premises to a new status is prohibited

There are several situations in which the transfer of premises to a non-residential fund is strictly prohibited:

• The law specifies the requirements that are relevant to the location of a non-residential object. In the article “Transferring residential premises to non-residential - where to start" - it was already noted that the main requirement is the location of the object on or above the 1st floor of the building, but the lower floors are non-residential.
• In the norms of the Housing Code of the Russian Federation, there is a ban on changing the status in residential areas if they are located in social buildings.
• There is also a ban on the transfer of premises in which it is a priori impossible to create conditions that meet the requirements for fire control and sanitary safety. It is also impossible to transfer the premises if it is not possible to put a separate entrance and at the same time not use the access points to other premises.
• The transfer of apartments is not carried out if there are credit and debt encumbrances within the ownership right, as well as if the transfer causes damage or infringes the interests of third parties. A ban is imposed if:
  1. the apartment was taken on credit, but the debt obligation was not fulfilled,
  2. if it is for rent,
  3. is collateral,
  4. was arrested for debts,
  5. transferred to management on a trust basis.
• In the event that the transferred premises are recognized as an element of a residential area and this area is used as the main place of residence.

Documentation required for translation

The documentation is transferred to the authorized state bodies or multifunctional centers for the provision of services to the population. The list of documentation includes the following data:

• title papers - deeds, contracts of measure, purchase and sale, certificate of inheritance of the object by the applicant;
• floor plan of the entire building;
• technical certificate;
• project for the redevelopment of the territory.

In what cases may a refusal of officials follow?

There are circumstances in which the authorities have the right to refuse to transfer a property:

• If the applicant did not provide a complete list of documents, or they contained false, incomplete data;
• If the applicant violated the basic conditions for transferring the premises to a new status;
• When submitting documentation to structures that are not authorized to make decisions on the transfer;
• If during the verification of the project violations of legislative norms and procedures were found;
• If the applicant does not have the information necessary for the transfer.

If there is a lack of information, representatives of the competent authorities have the right to demand that the applicant provide the missing information. If the transferring person refuses, or the data is not transferred within 15 days from the moment the offer was sent, the transfer will be refused.

This is an official document, drawn up in writing. State structures must indicate in the document a reference to a certain legislative norm that was violated by the applicant. The decision must be sent to the address indicated by the applicant within 3 days from the date of adoption. If a citizen does not agree, he has the right to apply to the court for a challenge.

By submitting the form, you consent to the processing of your personal data

How does the process of transferring residential premises to the status of non-residential begin?

The procedure for transferring residential premises to non-residential premises: is the consent of the apartment owners required

Algorithm for transferring non-residential premises to a residential facility

05/19/2017 - Vasily Petryaevsky

the procedure for an administrative penalty on persons guilty of violations of the procedure for determining the amount of payment for utilities Time when to call back: 17:00 - 19:00

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Lawyers Answers (6)

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Lawyer, Krasnodar

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Good afternoon!




The procedure for changing the permitted type of use of land plots and capital construction facilities is regulated by Chapter 2 of the Rules for Land Use and Development of the City of Tyumen.




"2. If the right holder of a land plot and (or) a capital construction object 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 a capital construction object is applied”


To do this, you need to send an appropriate application to the commission for urban planning and land relations. The list of documents that must be attached to the application is defined in clause 3 of Chapter 2 of these Rules:




a) legal documents for land plot or a decision of an authorized body of state power or a local self-government body on preliminary approval of the location of the facility;




b) title documents for capital construction objects located on the land plot (contracts, certificates of state registration of rights, other acts of rights to real estate issued before the entry into force federal law“On state registration of rights to real estate and transactions with it” (if any);




c) cadastral plan (passport) of the land plot;




d) a copy of the topographic plan of the city of Tyumen on a scale of 1:2000 with the boundaries of the land plot on paper (copy);




e) plan of the boundaries of the land plot with the coordinates of characteristic points;




f) sanitary and epidemiological conclusion;




g) information about the applicant: for individuals - an identity document of the applicant; for individuals registered as individual entrepreneurs, - certificate of state registration of an individual as an individual entrepreneur; for legal entities - a certificate of state registration of a legal entity"




The issue of granting a permit is subject to discussion at public hearings (in which the neighbors are primarily involved). Within 15 days from the date of the public hearing, a conclusion is prepared on the results of the public hearing. Based on this opinion, the commission sends recommendations to the head of the Administration of Tyumen, on the basis of which the latter decides either to grant a permit or refuse to grant a permit for a conditionally permitted type of use.




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Lawyer, Moscow

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In general, you can legitimize the fact that your house is an apartment building either by obtaining a decision from the municipal interdepartmental commission, or you can legitimize this provision by obtaining a court decision.

In accordance with paragraph 6 of the Regulations on the recognition of premises as residential premises, residential premises unfit for habitation and an apartment building as emergency and subject to demolition or reconstruction, approved by Decree of the Government of the Russian Federation of 01/28/2006 N 47, an apartment building is recognized as a set of two or more apartments with independent exits either to a land plot adjacent to a residential building, or to common areas in such a building. An apartment building contains elements of the common property of the owners of premises in such a house in accordance with housing legislation.


In order for your house to become an apartment building, it is enough that the rights to premises in a residential building are registered separately, while each residential building is isolated and has a separate entrance. It is desirable that at the same time the owners of residential premises in this house were different persons, since in this case it will be easier to determine the procedure for use and allocate shares in kind.

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" - a property complex (building, part of a building, equipment and other property) intended for the provision of services, respectively, a hotel is not residential.




Regarding the transfer of residential premises to non-residential premises in an apartment building, there is a Letter on this matter
Ministry of Economic Development. I will quote from it.




MINISTRY
OF THE ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION




On the issue of the transfer of residential premises in an apartment building to non-residential premises, we consider it possible to report the following.

The procedure for transferring residential premises to non-residential premises is established by Ch. 3 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code), which has a higher legal force in relation to the regulatory legal acts of the constituent entities of the Russian Federation, including when regulating issues related to the joint jurisdiction of the Russian Federation and its constituent entities.




In accordance with the Housing Code, the authority to determine the conditions and procedure for the transfer of residential premises to non-residential premises belongs to state authorities
subject of the Russian Federation in the field of housing relations and local governments in the field of housing relations are not fixed. According to Part 1 of Art. 14 of the Housing Code, local governments in the field of housing relations have the right to make decisions in the prescribed manner on the transfer of residential premises to non-residential premises. At the same time, local governments are not endowed with the right to determine the list of documents necessary for the transfer of residential premises to non-residential premises.

This list of documents required for submission to the body that transfers premises in order to transfer residential premises to non-residential premises is established by Part 2 of Art. 23 of the Housing Code. These documents include:

1) an application for the transfer of premises;

2) title documents for the transferred premises (originals or notarized copies);

3) plan of the transferred premises with its technical description (if the transferred premises is residential, the technical passport of such premises);

4) floor plan of the house in which the transferred premises are located;

5) a project prepared and executed in accordance with the established procedure for the reconstruction and (or) redevelopment of the transferred premises (if the reconstruction and (or) redevelopment is required to ensure the use of such premises as residential or non-residential premises).

Part 3 of Art. 23 of the Housing Code establishes a ban on the demand by the bodies that transfer premises, other documents, except for those established by Part 2 of Art. 23 of the Housing Code.

Part 1 of Art. 24 of the Housing Code establishes cases of refusals of local governments in the transfer of residential premises to non-residential premises:

1) failure to submit certain Part 2 of Art. 23 of the Housing Code documents;

2) submission of documents to the wrong authority;

3) non-compliance with the provisions of Art. 22 of the Housing Code of the conditions for the transfer of premises;

4) non-compliance of the project for the reconstruction and/or redevelopment of the residential premises with the requirements of the legislation.

Among the listed cases of refusals to transfer residential premises to non-residential premises, there is no requirement of local governments to submit other documents necessary for the transfer of residential premises to non-residential premises.
non-residential premises, except for those established by Part 2 of Art. 23 of the housing code.

At the same time, the above article does not establish that the failure to submit documents other than those specified in Part 2 of Art. 23 of the Housing Code, may serve as a reason for refusal to make a decision on the transfer of residential premises to non-residential
room.

According to part 3 of Art. 24 of the Housing Code, the decision to refuse to transfer the premises is issued or sent to the applicant no later than three working days from the date of such a decision and can be appealed by the applicant in court.

However, in accordance with Part 2 of Art. 40 of the Housing Code, if the reconstruction, reorganization and (or) redevelopment of premises is impossible without joining them to a part of the common property in an apartment building, the consent of all owners of premises in an apartment building must be obtained for such reconstruction, reorganization and (or) redevelopment of premises.




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Lawyer, Orenburg

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Hello!

And how many apartments do you have, if it's not a secret, and how many floors in the house?

And also please tell me what documents were used during the construction of the house.

It’s just that I don’t really understand the essence of the issue yet - an apartment building will become after several citizens have registered rights to apartments, it’s realistic for you to do this only through the courts. Then the house will automatically become an apartment building.

Regarding the hotel, according to Art. 17 ZhK RF


allowed to use residential
premises for the implementation professional activity or
individual entrepreneurial activity by those living in it on
legal grounds by citizens, if this does not violate the rights and legal
the interests of other citizens, as well as the requirements that must be met
living space.


Depending on the purpose of using private housing stock, housing
the premises will refer to commercial housing stock - a set of residential premises that are used by the owners of such
premises for citizens to live on the terms of paid use,
provided to citizens under other agreements provided by the owners of such premises to persons for possession and (or) use (clause 4, clause 3, article 19 of the LC RF)

So register as an individual entrepreneur and you can easily use the house as a hotel.


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  Lawyer, Moscow

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  • Each plot of land can only be used in accordance with its purpose and the activities that are allowed on it. What can be done or built on it, and what cannot be determined in accordance with the type of permitted use (VRI) of the site. A document describing the types of permitted use of the site and actions on it is called a classifier.

    What is common between private, multi-apartment and low-rise residential buildings? The answer is unequivocal - they are all designed for human habitation. However, on the same plot of land, you can only build a house that corresponds to the type of permitted use.

    The decision to change the VRI to an apartment building or MZHS is made by the head of the local administration (part 1 of article 4 N 191-FZ). However, it should be borne in mind that if the intended purpose of the site changes, then it will be necessary to hold public hearings in order to make a decision. Otherwise, there is no need for them. It is to the local administration that it is necessary to submit the appropriate package of documents.

    The main package of documents includes:

    • a corresponding application addressed to the head of administration;
    • a copy of the applicant's passport;
    • copies of documents establishing the right to own the land;
    • cadastral passport.

    All documents can be sent both by mail and submitted personally to an authorized person. After that, it is important to receive a receipt that the submitted documents were accepted. Terms of consideration and decision-making are established by local legal acts. An example - in one of the urban settlements of the Russian Federation (Chekhov), the period is 30 days, and if necessary, a hearing is held - 60 days.

    After receiving this application, the local administration makes a request for information about the applicant, which is contained in the Unified State Register of Legal Entities or EGRIP. For this, a unified system of interdepartmental electronic interaction of the federal executive body is used, which carries out state registration of legal entities and individuals as individual entrepreneurs. physical or entity the right to provide this information independently.

    How to change the main VRI to conditionally permitted

    The legislator does not determine which VRIs are conditionally permitted, but in practice they include, among other things, houses that exceed the parameters of building requirements.

    In order to carry out such a change in the VRI, it is necessary to obtain the appropriate permission. The first step is to submit an application, after which a public hearing on this issue is scheduled by the authorized bodies.

    In order to avoid violating the rights and interests of citizens living in the neighborhood of this piece of land, the issue of changing the VRI at a public hearing is decided with their participation.

    Within 10 days after the submission of the application by the interested person, the special commission notifies the owners of plots and buildings, whose interests may be affected by the change of the VRI, of the hearing. Within a month after notification, this event must take place. After the decision is made, it is published in the relevant sources and on the website of the municipal authority.

    The decision (consent or refusal), supported by a reasoned conclusion, is sent by the commission to the head of the local administration. And the latter makes a decision on issuing a permit or refusing it based on the conclusion of the commission. The decision is published, and the costs of the last hearing are covered by the person interested in changing the VRI.

    If a conditionally permitted type of use was included in the urban planning regulations after a public hearing, then there is no need to conduct a second hearing in order to obtain permission for it later. The decision to allow or refuse to change the VRI can be challenged in court (Article 39 of the Town Planning Code).

    According to the results of the decision of the head of administration, the applicant is issued either permission to change the VRI, or a justified refusal to do so. It should be borne in mind that a change in the VRI can directly affect the cadastral value of this site. The local government is obliged to send information about the change in the VRI to the registration authority so that the appropriate changes are made to the USRN (Article 32 of the Federal Law No. 218). These changes are registered within 15 working days, after which the interested person (right holder) must be notified about this within 5 working days.