TRANSFER OF NON-RESIDENTIAL FUND INTO RESIDENTIAL FUND. ALGORITHM OF ACTIONS.

There are no norms in Ukrainian laws that directly regulate the procedure for changing the intended purpose of an immovable property, namely, transferring it from a non-residential fund to a residential one. Moreover, the issue of transfer to the housing stock may concern both free-standing buildings and premises in residential buildings intended for trade, household, commercial and other needs. Therefore, the procedure will be slightly different.

The procedure for transferring a building or premises from a non-residential fund to a residential one includes the following stages:

1. Checking the suitability of the premises for use as housing.

In the State Building Regulations, for example, it is determined that the height of the residential premises should be at least 2.5 m, and the area of ​​the bathroom in it should be at least 3.8 m. Such premises should be equipped with ventilation, and also be connected to engineering networks (gas, heat, water supply and sewage, electricity).

In addition, there are certain requirements for the level of noise, vibration, sanitary and hygienic standards. It is forbidden to arrange housing in the basement. What's more, the DBN even sets standards for supporting structures, wall thickness, and materials from which these walls are made.

To attention! If the intended purpose of the premises was already residential, was transferred to a non-residential fund, and now its previous intended purpose is being returned, then you will have to worry less about compliance with all these requirements.

2. Collection and submission of documents to TsNAP.

If we are talking about premises in an apartment building, then you need to collect the following package of documents:

• statement of the owner regarding the change of purpose;
• confirmation that the change in the purpose of the premises was notified to the balance keeper (the condominium);
• copies of passport and personal identification number;
• a copy of the title document;
• a copy of the technical passport of the premises and the plan of the entire floor on which it is located;
• future reconstruction project;
• photo of the room.

The documents are sent to the Department of Urban Planning and Architecture from the National Center for Urban Planning and Architecture. The review lasts approximately two months. According to its results, a decision is made on transfer to the housing fund or on refusal. The decision is sent to the Central Administrative Court, from where the applicant collects it. If the applicant receives a refusal, such an answer must also be given in writing with justification of the reasons.

To attention! The applicant has the right to appeal the refusal of the Urban Development Department to change the purpose of the premises in the administrative court.

3. Preparation of documents by analogy with the legalization of reconstruction.

The following steps do not differ from those that should be taken to legalize reconstruction, namely:

• registration of the notification of the start of construction works;
• carrying out construction works according to the project;
• production of a new technical passport;
• submission of a declaration on the facility's readiness for operation;
• registration of ownership of the object with the State. register of property rights to immovable property.

In order not to burden yourself with unnecessary trouble and not suffer losses due to mistakes made, you can entrust the task of going through all the necessary procedures and drawing up documents to the specialists of the legal company "Prykhodko and Partners". Look for executors for construction work, and we will take care of legal issues!