A person who has anything to do with real estate, and especially an entrepreneur, has undoubtedly encountered the fact that any property is divided into non-residential and residential. While intuitively it is possible to understand about residential premises, there are sometimes difficulties with the latter.
Where does the status of non-residential premises (NP) come from, what are its characteristics and for what in general it can be used, we will discuss below.
Non-residential premises in legislation
Surprisingly, the Housing Code, which is usually referred to when dealing with real estate, does not have a clear idea of non-residential premises. But at the same time, it prescribes the nuances of remodelling of residential premises into non-residential premises. Other legislative and regulatory acts also use this name, but even there everything is quite ambiguous.
In this regard, it is only possible to designate the concept under discussion by means of what residential objects are. In accordance with the Housing Code, they include the following objects:
- Dwelling houses or parts thereof. These are separate buildings comprising independent premises and ancillary facilities entirely adapted for living;
- Flats. These are internally separate spaces whose commonality constitutes an apartment block. It is usually one or more rooms;
- Room. A part of the space in a house or flat, bounded by internal walls, in which it is possible to live.
Due to the fact that, in general, any property is either residential or non-residential, apart from those mentioned above, the rest of the premises are automatically attributed to the NP. In other words, any property that is not used as residential (with the only exception discussed below).
Based on all of the above, it seems reasonable to define a number of characteristics that make it possible to identify real estate as non-residential:
- Non-residential status noted in the papers;
- Separate entrance in addition to the common entrance;
- Special regulations on fire and sanitary-hygienic safety.
However, it is impossible to register citizens in it, but it can act as a legal address, for example, for an LLC.
It is necessary to emphasise the difference between non-residential premises and premises that are objects of common use in apartment buildings. The latter include entrances, while the spaces on the basement and ground floors, which the developer plans to give for street trading, are included in the number of NPs.
Types of premises
There are basically 4 types:
- Freestanding. Not sharing a common foundation and utilities with neighbouring buildings;
- Built-in. Located within the residential building itself and having the ability to protrude beyond the designated boundaries within 1.5 metres;
- Built-in-attached. This type is the same as the built-in, attributed to the residential building, but is able to extend beyond the boundaries of 1.5 metres;
- Attached. Separate from the main building of the annex, which is connected to it with one common wall.
From the point of view of functional application, these objects are subdivided into major and minor. The first category includes those that ensure the fulfilment of the main functions of the entire structure.
The second option is the premises that are used to service the building. For the most part, they house engineering systems of water supply, heating, ventilation, etc., and only authorised personnel have access to them.
Designation of non-residential premises
They can be classified into 5 types:
- Administrative. These include, but are not limited to, offices, government offices and hospitals. They are located in separately constructed buildings or on the first floors of residential buildings;
- Commercial. Among them there are both street retail outlets located inside the building, and shopping centers with numerous stores, which are located separately;
- Industrial. Here are used predominantly non-residential premises, which house stationary machines and other equipment designed for the manufacture of a wide range of products;
- Warehouse. In them, usually stored something;
- Entertainment. Includes catering facilities like cafes, restaurants, etc. Most are housed in individual or entirely non-residential buildings.
Not only general but also special requirements apply to non-residential premises. Such types include the requirement to guarantee compliance with sanitary and epidemiological standards, compliance with all legislative acts in terms of observing silence for various kinds of entertainment events or the prohibition to place substances hazardous to human health, if the warehouse is located in an apartment building.
At the same time, it should be realized that classification of this kind is conditional. It is not uncommon to find objects that combine several of the above positions at the same time. For example, we can consider a warehouse-shop or a production base with an office.