Is it possible to make an office in an apartment?

Fire safety requirements for industrial premises and buildings

The PB sets out the following fire safety standards for industrial premises:

• all premises must be classified according to fire hazard categories in accordance with the standards;
• special symbols must be installed next to electrical equipment characterized by high fire hazard parameters;
• all technical means must be kept efficient and operational, including alarms, instruments, doors and others;
• self-closing locks must be kept in working order, they must not be supplemented with fittings that make it difficult to open the door leaf normally;
• the fence on the roof, external stairs must be reliable, in accordance with fire safety requirements for production premises, inspections must be carried out at least once every 5 years;
• if the building has only 1 emergency exit, people must be evacuated in groups in case of an emergency; if the electrical power is turned off in the premises, people must use portable flashlights, their number is determined by the staff of the enterprise;
• basement and technical floors, as well as basements, must have passages, and at normal times these rooms are closed, employees must know the location of the keys;
• Contacts of the Ministry of Emergency Situations should be located in the rooms, regardless of their purpose.

Fire safety stands

Housing and communal services news

When renting premises , it is quite natural that the tenant uses utilities such as electricity, water supply, sewerage, gas supply, heat supply. But in what cases does the tenant have an obligation to pay for such services to the management organization that provides utilities (hereinafter referred to as the Contractor)?

According to the general rule of Article 210 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), the owner bears the burden of maintaining the property he owns. Otherwise may be provided by law or contract.

As established by Article 249 of the Civil Code of the Russian Federation, each participant in shared ownership is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments on common property, as well as in the costs of its maintenance and preservation.

According to Part 1 of Article 39 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), owners of premises in an apartment building bear the burden of expenses for maintaining common property in an apartment building.

Thus, it is the owner of non-residential premises located in an apartment building, by virtue of the direct instructions of the law, who is obliged to bear the costs of maintaining the common property.

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Clause 2 of Art. 616 of the Civil Code of the Russian Federation provides that the tenant is obliged to bear the costs of maintaining the leased property, unless otherwise provided by law or the lease agreement. However, the legislator does not specify what applies to such expenses for each specific type of property.

Since the provisions of the above article are dispositive, the parties have the right to independently determine who will bear the costs of paying for utilities and other costs of maintaining the property by agreeing on the terms of payment for such services in the lease agreement.

By virtue of paragraph 3 of Article 308 of the Civil Code of the Russian Federation, an obligation can create rights for third parties in relation to one or both of its parties only in cases provided for by law, other regulations or agreement of the parties. At the same time, the current legislation does not contain rules that entail the obligation of the tenant to pay for utility services to the third party providing them (the provider of such services represented by the management company or RSO).

However, in practice, quite often a situation arises when an unscrupulous tenant, for reasons known only to him, does not fulfill the agreed obligation and avoids concluding an agreement with the utility service provider. What should a management company do when the tenant actually consumes utilities in a non-residential premises, and the payment debt is only growing?

In judicial practice, there have been two approaches to resolving this issue:

Payment for utilities consumed by a tenant of non-residential premises in an apartment building cannot be collected from a tenant who has not entered into agreements with the provider of utility services in violation of the lease agreement, which stipulates that the tenant pays for utility services, or the tenant’s obligation to enter into agreements with their suppliers. Payment for utility services in this case can only be collected from the owner of the non-residential premises.

1. The Presidium of the Supreme Arbitration Court of the Russian Federation in Resolution No. 13112/12 of May 21, 2013 came to the conclusion that since clause 2 of Article 616 of the Civil Code of the Russian Federation regulates exclusively the legal relations between the parties to the lease agreement, and therefore cannot be the basis for the emergence the tenant's obligations to pay the costs of maintaining the leased property in favor of third parties. Since the tenant's obligation under this article is established in relation to the landlord, who has the right to demand the performance of the actions specified in it, the corresponding rule may be applicable, in particular, in settlements between the tenant and the landlord in order to reimburse the costs incurred by the latter to pay for utility bills.

An additional agreement to the management agreement on payment of utility costs by the tenant participating in its signing, which would confirm the will of all parties to the transaction for the tenant to fulfill this obligation and change the rule established by Article 210 of the Civil Code, was not presented to the court.

Thus, the recovery by the courts of the cost of utilities from the company as a tenant of the premises cannot be recognized as corresponding to the norms of substantive law.

Also, the Supreme Arbitration Court of the Russian Federation noted that, by virtue of clause 2 of Art. 616 of the Civil Code of the Russian Federation, as a general rule, the costs of maintaining the property, including the costs of utilities, are borne by the tenant. However, the obligation does not create obligations for persons not participating in it as parties (clause 3 of Article 308 of the Civil Code of the Russian Federation).

It seems that in this situation, responsibility for failure to fulfill the obligation to maintain the property arises from the tenant to the lessor - the owner of the property, and not to the resource supplying organization. Thus, if the tenant did not enter into an agreement with this organization on his own behalf, then he is not obliged to pay this organization for the services provided, despite the fact that he was their consumer.

A similar conclusion was subsequently made by the Supreme Court of the Russian Federation in Review of Judicial Practice No. 2 (2015) (approved by the Presidium of the Supreme Court of the Russian Federation on June 26, 2015).

In the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 2 (2015), a point of view was expressed regarding the impossibility of imposing the payment of utility costs on the tenant in the absence of an agreement between the utility provider and the tenant:

“...By virtue of the second paragraph of clause 3 of Art. 308 of the Civil Code of the Russian Federation, an obligation can create rights for third parties in relation to one or both of its parties only in cases provided for by law, other legal acts or agreement of the parties. The Civil Code of the Russian Federation and other laws do not contain rules on the emergence, on the basis of a lease agreement of non-residential premises, of an obligation on the part of the tenant to pay for utility services to the third party providing them (provider of utility services, resource supplying organization).

The tenant’s obligation to maintain the property in good condition, carry out routine repairs at his own expense and bear the costs of maintaining the property (Clause 2 of Article 616 of the Civil Code of the Russian Federation) is established in relations with the lessor, and not with the utility service provider or resource supplying organization that is not a party to the agreement rent.

The utility service provider (resource supply organization), in the absence of an agreement concluded with it, does not have the opportunity to exercise control over which person actually uses the non-residential premises, including on the basis of a lease agreement.

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Therefore, in the absence of an agreement between the tenant of non-residential premises and the provider of utilities (resource supply organization), concluded in accordance with current legislation and the terms of the lease agreement, the obligation to pay for such services lies with the owner (lessor) of the non-residential premises.”

Thus, having provided in the lease agreement a condition on the tenant’s obligation to independently conclude an agreement with the utility service provider and subject to the conclusion of the specified agreement with the utility service provider, the tenant has the right to pay for consumed utilities directly to the provider.

Thus, the Presidium of the Supreme Arbitration Court of the Russian Federation, and subsequently the Supreme Court of the Russian Federation, put an end to the relationship between the Owner - the Owner - the Tenant.

Currently, the courts are guided by the fact that the content of the lease agreement stipulating the tenant’s obligation to enter into an agreement with the utility provider for the supply of utility resources does not in itself impose an obligation on the tenant to automatically pay for these services. If, of course, such agreements are concluded by him, this will relieve the owner of non-residential premises from the obligation to bear the costs of paying utility bills.

General fire safety requirements for the maintenance of the organization’s territory

To prevent fires at production sites, the following requirements have been established:

• the site must be regularly cleared of pollution, debris, especially fuels and lubricants, and the grass must be mowed; it must not be used for storing raw materials, packaging, materials or finished products;
• to ensure access for special equipment to buildings, paths with a water source must be equipped and always free, for example, tanks or a centralized water supply;
• Effective lighting must be provided on the site so that in the event of an emergency one can navigate even at night;
• fire safety requirements for the territory of the enterprise require the allocation of a special smoking area, remote from hazardous objects;
• for burning packaging, garbage and grass, it is necessary to arrange special places remote from buildings;
• It is prohibited to organize dumps of flammable items and materials on the territory.

Requirements depending on building categories

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After registering a company and starting operations, one of the main issues facing an entrepreneur is purchasing or renting suitable premises for his office. Finding this is often difficult. It is desirable that the office is located in a place convenient for work, its area is sufficient for conducting activities, the layout is good, and the cost of rent or purchase is affordable. There are several options for solving the problem of finding office space:

rent;

purchase of specially equipped work premises in a non-residential building;

purchasing an apartment in the city's housing stock with subsequent registration of all documents.

In this article we will consider in detail the features of using residential premises for commercial purposes, as well as their transfer to non-residential (commercial) stock.

If you purchase or rent premises in a residential building, you must check whether there is permission to use this premises as an office. If there is no such permission, it should be obtained, since the law prohibits the use of residential premises as an office.

Despite the fact that the apartment was not originally intended for these purposes, buying it for an office is beneficial from an economic point of view. This makes it possible to save on purchasing a full-fledged office space - the cost of a finished office will be much higher.

In addition, it is easier to find an apartment of a suitable size in the right location - you can use the help of real estate agencies, newspaper advertisements, Internet searches or personal connections.

After completing the transaction, you need to draw up the necessary documents, plan the premises in accordance with your requirements, carry out repairs and begin work. But in order to avoid negative consequences, before starting operation it is necessary to properly convert the apartment into an office.

In most cases, especially if the company’s activities are related to the provision of services to the public, it is most preferable and convenient to rent or purchase an office on the ground floor of residential buildings with the obligatory possibility of organizing a separate entrance.

Resettlement procedure

An apartment can be the object of sale and purchase only if it is privately owned. Therefore, before making a purchase, a municipal apartment must be transferred from state ownership to private ownership or privatized.

To obtain ownership of an apartment, it is necessary to select and provide its owner with an alternative residential property. If several people live in the apartment, or the apartment is communal, then it may be necessary to resettle. In this case, each of the persons living in it must be provided with housing. After this, the vacated apartment will be able to become the property of the interested individual or legal entity.

Resettlement of a residential property that is in joint ownership is possible only with the voluntary consent of all its owners and residents. If the apartment is located in a departmental building, you must obtain consent to transfer this housing from departmental subordination.

Having determined the cost of the apartment, it is necessary to calculate the amount for the purchase of new housing for its owners. To do this, determine the number of square meters of total area per each financial and personal account.

Before selling, you should collect all the documents required to complete the purchase and sale transactions. If the owners of the apartment have minor children, it is necessary to obtain the consent of the guardianship authorities. Having resolved all of the above issues and selected separate housing for each participant in the resettlement, the state registration of the transaction is carried out.

Sometimes reaching an agreement with each of the owners becomes a rather complicated process. Seeing increased interest in their apartment, they may deliberately inflate the price. In this case, it may be easier to find another option for purchasing an apartment for office space.

Registration of ownership

After selecting and purchasing an object that meets your requirements, you need to register ownership of it. In this case, registration is carried out in the same way as with a regular purchase of an apartment for living.

In order for ownership of an apartment to arise, a corresponding entry must be made in the Unified State Register of Rights (USRE). The registrar is provided with the required package of documents. The fundamental document for registering property rights is the apartment purchase and sale agreement, which contains agreements on all essential terms and is signed by the parties to the transaction.

When conducting a transaction, it is necessary to take into account that depending on who the buyer is - an individual or a legal entity - the list of documents will be different. An individual should be provided with a copy of their passport, and a legal entity should be provided with certified copies of constituent documents and an extract from the Unified State Register of Legal Entities. This statement is valid for one month from the date of receipt. If the form of organization of the legal entity is a joint-stock company, then it is additionally necessary to provide the consent of the shareholders to the acquisition of this property.

A receipt for payment of the state duty and its copy are provided in any case. However, the fee for registering property rights for individuals is 1,000 rubles, and for legal entities – 15,000 rubles.

Re-registration as a non-residential property

After purchasing a residential property, it is necessary to transfer it to non-residential property in accordance with established procedures. The procedure for transfer is established in Chapter 3 of the Housing Code of the Russian Federation “Transfer of residential premises into non-residential premises and non-residential premises into residential premises”.

The main condition for carrying out such a transfer is the availability of access to the premises being transferred without the use of premises that provide access to residential premises.

The transfer of residential premises to non-residential premises is impossible if:

there is no technical ability to organize access to this premises;

the premises being transferred are part of a residential premises or are used as a place of permanent residence;

the ownership of this premises is burdened with the rights of other persons.

In an apartment building, transferring an apartment to non-residential premises is allowed only when the apartment is located on the first floor of the building, or all the premises under this apartment are not residential.

In many modern new buildings, the first two floors are initially non-residential (commercial real estate) and have entrances from the street that are separate from the residential entrances. Such premises can be selected at the construction stage.

To carry out the transfer of residential premises to non-residential premises, the following documents should be prepared and submitted to the body performing the transfer of premises at the location of the transferred premises (in Moscow - the Department of Housing Policy and Housing Fund of the City of Moscow):

application for transfer of premises to non-residential;

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

plan of the premises being transferred and its technical passport;

floor plan of the house in which the object being translated is located

premises;

a plan for the reconstruction and (or) redevelopment of the transferred premises prepared and executed in the prescribed manner (if they are necessary to ensure the use of the premises as non-residential).

The body performing the transfer of premises issues the applicant a receipt for receipt of documents indicating their list and date of receipt. Based on the results of consideration of the submitted documents, no later than 45 days from the date of their submission, a decision is made to transfer the premises to non-residential or to refuse to carry out the transfer.

No later than 3 working days from the date the decision is made, the body carrying out the transfer of premises issues or sends to the applicant at the address specified in the application a document confirming the adoption of a particular decision. Simultaneously with the issuance or sending of this document to the applicant, the body carrying out the transfer of premises informs the owners of the premises adjacent to the one in respect of which this decision was made about the decision.

If it is necessary to carry out reconstruction and (or) redevelopment of the transferred premises, and (or) other work to ensure the use of such premises as non-residential, the document must contain a requirement for their implementation, as well as a list of other necessary works. If no work is required, then a document confirming the completion of the transfer of the premises serves as the basis for using the premises as non-residential. If required, the basis is the completion of reconstruction and (or) redevelopment.

The owner of the transferred premises must make a change to the Unified State Register in connection with the change in the purpose of the property.

Refusal to transfer residential premises to non-residential premises

According to the Housing Code of the Russian Federation, refusal to transfer residential premises to non-residential premises is possible in the following cases:

failure to submit the above documents;

submitting documents to the wrong authority;

non-compliance with the conditions for transfer of premises;

inconsistency of the project for reconstruction and (or) redevelopment of residential premises with the requirements of the legislation of the Russian Federation.

The reconstruction or redevelopment project must be prepared by a licensed organization. When developing this project, you should take into account all the requirements for the premises (technical, sanitary, fire safety, environmental) and the materials used. If the project does not comply with legal requirements, this may be grounds for deprivation of the license of the specialists who developed it.

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 its adoption. The applicant may appeal this decision in court. The decision must contain the grounds for refusal with reference to the violated legal requirement.

Reconstruction and redevelopment

Of course, an apartment with a standard arrangement of rooms without renovation is not suitable for professional activities. Therefore, a project for its reconstruction or redevelopment must be developed.

Reconstruction of a residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises.

Redevelopment of a residential premises is a change in its configuration, requiring changes to the technical passport of the residential premises. Redevelopment may include moving and dismantling partitions; moving and installing doorways; disaggregation or consolidation of multi-room apartments; installation of additional kitchens and bathrooms; expansion of living space due to auxiliary premises; eliminating dark kitchens and creating entrances to kitchens directly from residential premises; installation or refurbishment of existing vestibules.

Redevelopment and redevelopment are carried out only in agreement with local authorities.

The prepared redevelopment project is agreed upon by:

SES;

fire inspection;

KGIOP (Committee for State Control, Use and Protection of Historical and Cultural Monuments) - if the house is a historical and cultural monument;

administration of the district in which the premises are located;

housing agency;

State Institution "Dortechnologies";

IMC (interdepartmental commission).

The list may vary depending on the specific situation. After approval from all authorities, the MVK issues permission to carry out the necessary work on the premises.

After all work is completed, the premises are accepted. For this purpose, the local government authority at the location of the premises being transferred creates an acceptance committee. She draws up an act confirming the completion of reconstruction and (or) redevelopment work. This act is sent to the organization (body) for recording real estate objects.

The redevelopment act is signed by:

owner of the premises (tenant, subtenant, owner);

balance holder (homeowners association, management company);

the enterprise responsible for the technical condition and operation of the building (GREP, REP, etc.);

the organization that compiled the redevelopment project (design);

a construction organization that carried out work on office redevelopment;

fire supervision service.

After receiving the signed act, you must obtain a new passport from the BTI, a new cadastral number and register property rights in Rosregistration. After this, the organization has the right to use the apartment for office space.

When can you run a business from home?

In most cases, residential premises can be used as an office only after they have been converted to non-residential premises. But, nevertheless, if a number of conditions are met, you can run a business from home:

the private individual must be the owner of the premises;

the activities of an entrepreneur should not violate the rights and interests of other citizens;

the owner of the home can use a residential apartment as an office to work as an individual entrepreneur or to conduct professional activities. This activity is carried out by people of creative professions, lawyers, tutors, tailors, auditors and freelance accountants.

The owner can carry out professional activities in residential premises with the consent of his family members. In turn, if the premises are occupied under a rental agreement, the lessor must give consent to use it for work.

These types of activities have the right to be carried out not only by the owners of residential premises, but also by tenants, as well as by persons living in these premises legally (family members of the owner or tenant).

It is not allowed to use your own residential apartment for industrial production, opening a store, kindergarten or mini-laundry. In this case, it is necessary to first transfer the residential premises to non-residential ones and follow the operating rules. The same must be done for those who intend to rent out their apartment as an office.

A legal entity cannot use a rented apartment for an office until it is transferred to non-residential stock. A legal entity has the right to rent residential premises only for the accommodation of its employees.

Operating rules

Conducting business and professional activities in residential premises is permissible only if the legitimate interests and rights of other citizens living in this apartment are respected. The rights of neighbors living in an apartment building should not be violated. Otherwise, they can file statements with the police or file lawsuits in court.

In addition, when using an apartment as an office, the rules for the use of residential premises and fire safety requirements must be observed.

safety, sanitary, hygienic and environmental standards approved by executive authorities.

The activity should not create excessive noise, vibration, release of gases, hazardous substances and waste.

Conclusion

The opportunity to become the owner of commercial real estate by transferring an apartment from residential to non-residential attracted the interest of entrepreneurs from the very first stages of development of this market. Apartments converted into offices and shops have proven to be a very profitable investment and bring up to 25% income per year.

Correct implementation of all actions for choosing, purchasing and reconstructing an apartment into office space will allow you to get an office that fully meets your requirements. This will definitely have a positive impact on your business.

Ksenia Belova, columnist for Realto.ru

Fire safety requirements for lightweight structures

In addition, there are separate fire safety requirements for mobile buildings:

• the distance from mobile buildings to other production facilities should not be less than 10 meters;
• lightweight structures can be installed in groups, but according to the following norm: for every 500 m3 no more than 10 units;
• the distance between groups of mobile buildings should not be less than 15 meters.

These objects are classified as F 5.2 and are regulated by the safety of Federal Law No. 123.

Fire safety training

Restrictions for production facilities

Requirements for facilities located on the territories of enterprises establish the following restrictions:

• basement floors and plinths should not contain flammable and explosive materials and structures, such as aerosols, gunpowder, fuels and lubricants, flammable liquids, cylinders and the like;
• fire safety requirements for premises prohibit the use of attics, basements and basement floors as warehouses, workshops or production sites;
• Mobile buildings for storage or trade cannot be placed in the halls
• evacuation routes must be thought out and always free to remove people from the building at any time;
• access to manual alarms and technical means should be easy;
• It is prohibited to litter the premises; it is necessary to carry out cleaning and remove garbage in a timely manner;
• redevelopment of premises must be coordinated with the Ministry of Emergency Situations, and repairs must be carried out with approved building materials.

Renting out a house for an office

The owner can easily rent out his private house for office use, even without the need to transfer the premises to non-residential use. However, housing must meet the following requirements:

1. Have a separate entrance or the ability to organize it.
2. There are no encumbrances placed on the property.
3. The owner of the premises acts as a lessor.

If there are several owners in the house, and to convert the house into an office it is necessary to carry out redevelopment, it is necessary to obtain consent from all residents. The requirements for a private house that is planned to be rented out as an office are the same as for apartments in multi-storey buildings. You can focus on the norms of housing legislation (Article 17 of the Housing Code), according to which the owner living in the premises can legally rent it out for commercial activities.

A sample lease agreement can be downloaded here.

Safety requirements for joint storage of substances and materials

In production, materials and substances are often used that, when burned, pose a threat to human health and life. According to the degree of danger there are:

• safe - these materials do not burn easily, are packaged in fireproof containers that will not emit harmful substances when burned, they can be kept outdoors unless there are special regulations;
• low-hazard materials burn, but do not emit harmful substances, they can be kept indoors, with the exception of fire resistance to degree 5;
• hazardous - these are materials that, when burned, release harmful substances, can intensify the fire and even explode;
• especially dangerous ones can be kept in accordance with fire safety instructions in industrial premises, only in special warehouses regulated by GOST safety standards.

What are the justifications for utility tariffs?

Determining utility tariffs is the prerogative of local governments, which justify them using independent expert data. For consumer settlements with resource supplying organizations, these values ​​are used only after their approval by a special energy commission accredited by the State Construction Committee of the Russian Federation.

In the cost of utilities, a significant share is made up of the cost of purchased energy resources. To provide heat supply services, the percentage of costing items is as follows:

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• costs for different types of fuel – about 35%;
• costs for used electrical energy ≈ 9–10%;
• salary costs (with deductions) – about 15%.

The structure of costs for water supply is expressed, respectively, by values ​​of ≈ 20%, 18–20%, 15%. It also includes a revenue component, which for all utilities is set at approximately 5%.

The main reason for increasing utility tariffs is the increase in prices for gas, electricity, water, and heat, which is the result of an increase in inflation. Tariff revisions, according to federal law, should occur no more than once a year.

Fire extinguishing systems for industrial buildings

Fire requirements for industrial premises are implemented in 2 directions:

• fire prevention;
• preventing the spread of fire.

For this purpose, fire-resistant sections are built in industrial buildings from fire-resistant walls, which run vertically through the entire building. The second important area is the creation of effective signaling. Warning systems can not only promptly notify personnel of danger, but also transmit an alarm signal to the nearest unit of the Ministry of Emergency Situations. This approach ensures that fires are eliminated at an early stage and losses are minimized. Fire safety of industrial buildings also includes fire extinguishing means. Powder and coal fire extinguishers, as well as deluge and sprinkler systems, have proven themselves to be excellent in practice.

Fire prevention measures in enterprise buildings

Fire safety requirements for building structures, structures, office premises, production workshops, and territories are aimed at ensuring that a fire cannot spread from one facility to another. For this purpose, space-planning solutions are offered:

• compliance with fire protection standards;
• when designing infrastructure facilities, it is necessary to comply with the safety regulations;
• we need an evacuation plan for all production facilities;
• organized and free passages throughout the territory with water sources are necessary.

Fire safety in industrial premises should be discussed in detail during briefings and modeled during exercises.

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