Can a private entrepreneur use his apartment as an office? The answer to this question depends on the type of activity. To sew, write poetry, fill out accounting documents, engage in tutoring, write articles for the sale, the status of the apartment does not need to be changed. But if you are going to use your home as a shop, kindergarten, or want to rent it out, you need to transfer the apartment from the housing stock to non-residential. A legal entity cannot use a residential apartment as an office or retail space. It should be noted that legal entities can rent residential premises only for the purpose of living there for their employees.
How to transfer an apartment from residential to non-residential? There are a number of limitations. Changing the status of a room is unacceptable in such situations:
If the apartment does not have a separate entrance.
If some part of the room continues to be residential.
If the apartment is encumbered with the right of a third party, i.e. is on bail, rented, etc.
If all the requirements are met, then in order to transfer an apartment to a non-residential fund, you must apply to the local government. In this case, the following documents must be submitted:
Certificate of ownership (original or copy certified by a notary).
Floor plan of the house.
Technical passport of the premises.
A plan for the reconstruction or redevelopment of the apartment (if any).
The law allows 45 days to make a decision about your application. If the verdict is positive, you will be given an appropriate document, on the basis of which you will be able to redevelop the apartment and use it as a non-residential premises. And since the purpose of the apartment has changed, it must be re-registered.
At the same time, the local government has the opportunity to refuse to transfer an apartment in such cases:
If all the required documents are not provided.
If the conditions for transferring the premises are not met.
If the redevelopment project does not meet the building requirements.
It should be borne in mind that the refusal is provided in writing, it must contain references to the articles of the law, according to which this translation is unacceptable. If you are not satisfied with this decision, you can appeal it in court.