Перевод жилого помещения в нежилое. Как из квартиры сделать коммерческую недвижимость?

Автор: admin  //  Рубрики: Азбука недвижимости, Коммерческая недвижимость

 

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Перевод жилого помещения в нежилое. Как из квартиры сделать коммерческую недвижимость?

Изначальное понятие жилой недвижимости несет в себе определение помещения, предназначенного непосредственно для проживания. Любая производственная деятельность, за исключением предпринимательства некоторых форм деятельности, ведет к нарушению законодательства РФ.

Чтобы квартиру переоборудовать в магазин или офис, необходимо произвести целый ряд действий, направленных на юридическое признание помещения как коммерческого объекта. Осуществить перевод жилого помещения в нежилое возможно, лишь пройдя процедуру координации с контролирующими организациями и получив согласия всех жильцов дома, проживающих в многоквартирном строении.


Согласие жильцов

Одним из первых шагов, которые предпринимаются для перевода статуса помещения, является организация общедомового собрания жильцов дома с целью получения согласия большинства жителей на переоборудование квартиры в склад или аптеку.

Многие региональные программы разработали свои, не противоречащие законодательству РФ, правила при изменении назначения квартир. Московское правительство, например, чтобы предприниматель смог получить разрешение на перевод жилого помещения в нежилое, определило кворум в 2/3 голосов от общего количества населения домостроения.

Это цифра является тем минимумом, который необходим для положительного решения об открытии коммерческого предприятия в квартире.

 

Инструкция для перевода помещения в нежилое

Чтобы изменить правоустанавливающий документ на бумагу, подтверждающую владение нежилым помещением, собственник должен приложить значительные усилия, требующие материальных и временных затрат. Поэтому часто вместо владельца помещения действует доверенное лицо.

perevod-zhilogo-pomeshheniya-v-nezhiloe-2

Пошаговые действия для осуществления процедуры перевода:

1. Требования к коммерческим объектам недвижимости отличаются от нормативов и ГОСТов, применяемым к жилым помещениям. Для того чтобы привести квартиру в соответствие с нормами безопасности, необходимо изменить систему пожарной, санитарной и вентиляционной безопасности. Узнать параметры изменений следует, обратившись в Пожнадзор, Роспотребнадзор и СЭС.

2. Заказать проект помещения в строительной организации, учитывая при этом требования контролирующих органов по перепланировке. Все ремонтные работы необходимо письменно согласовывать с владельцами соседних квартир.

3. Подготовить соответствующий пакет документов для сдачи его в орган, уполномоченный осуществлять разрешение или запрет на перевод помещения.

В перечень документов входит:

- паспорт владельца, в случае с доверенным лицом - доверенность;

- проект переустройства помещения с визами контролирующих органов;

- протокол собрания жильцов дома;

- свидетельство о праве собственности на квартиру.

4. Если необходимы дополнительные работы по изменению планировки, то сопутствующим документом является акт приемной комиссии об окончании реконструкции.

Выдача документа, подтверждающего перевод жилого помещения в нежилое, осуществляется после проверки всех бумаг, представленных для переоформления. После того как свидетельство получено, владелец должен зарегистрировать документ в Росреестре, оплатив при этом госпошлину в размере 350 рублей.

В случае неправомерного отказа в переводе хозяин жилой недвижимости вправе обратится в судебные инстанции.

С уважением, Андрей Ляпустин

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