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Publication date: 27.05.2024
lawyer, 23 years of experience in enforcement.
Conversion of non-residential premises into residential premises.
The legislation does not provide for a specific way of converting non-residential real estate into residential real estate. But Article 8-1 of the Housing Code of Ukraine allows the conversion of non-residential premises into residential premises.
Local self-government bodies are responsible for determining the process of converting non-residential premises into residential premises, i.e. the specific procedure may vary depending on the location. As stated in Clause 4 Clause b of Article 27 of the Law of Ukraine "On Local Self-Government", local self-government bodies have the authority to provide administrative services through centers for the provision of administrative services.
To convert a non-residential premises, for example, an attic, into a residential one, the owner must submit a written application to the center for the provision of administrative services. This application must state the intention to convert the premises, indicate its functional purpose and attach certain documents. Such documents are a copy of the applicant's passport for an individual, an extract from the UDR for a legal entity or an individual entrepreneur, and an extract or information certificate from the State Register of Real Property Rights. In addition, a technical opinion is provided on the possibility of converting a non-residential premises into a residential one in accordance with state building regulations. Also, the owner must submit a copy of the technical passport of the real estate object, which can be obtained from the relevant technical inventory office. Finally, if the non-residential premises are part of a communal property within a residential building, the owner must obtain a duly certified consent of the balance-keeper.
For the transfer of non-residential premises to residential premises of an apartment building or condominium, the consent of the general meeting or the management of the condominium is not required. In addition, the consent of the owners of adjacent residential premises, which is confirmed by the owner or balance keeper, is not required. According to judicial practice, these consent requirements are recognized as unconstitutional because they limit the rights of the owner of the premises and prevent him from fully exercising his rights. Such restrictions are contradicted by the highest legal force of the law and the Constitution (decision of the Shevchenkiv District Court of Chernivtsi No. 727/10736/16-a).
In accordance with the seventh part of Article 9 of Law No. 5203-VI, it is provided that the governing body has the full right to demand from individuals the provision of the documents specified in this Article, if this is provided for by law.
Within 3 working days after the complaint is accepted, the decision based on the results of the review is notified to the complainant. It is important to note that at this stage the activity of an individual entrepreneur may be terminated.
According to the ninth part of Article 8 of Law No. 5203-VI, the provision of administrative services involves receiving documents and information without the participation of the subject of the appeal. This can be achieved by using information systems or databases belonging to other entities in the administrative services sector, such as businesses, institutions or organizations under their jurisdiction.
The Center for the Provision of Administrative Services promptly submits the application and supporting documents to the Department of Urban Planning and Architecture, ensuring prompt execution within two working days. After the Department receives the application and documents, they carefully process them within a maximum of 10 working days from the moment of receipt.
Consideration of the case is appointed by a special commission under the Department. The conclusions of the Commission's evaluation are documented in the official protocol.
In the absence of valid reasons for refusing permission, drafting a decision on the conversion of non-residential premises into residential premises is entrusted to the Department of Urban Planning and Architecture. Next, the draft decision, together with the application and all necessary documents, is sent to the center for the provision of administrative services.
In certain situations, the owner's request to transfer non-residential real estate to residential real estate may be refused. This can happen if the documents provided by the owner contain false information or indicate misleading intent. In addition, if the owner does not meet the requirements set forth in the applicable regulation or law, he may also be denied a permit.
If the permit is denied, the applicant will receive a written notification with a valid reason for the denial. The applicant has the right to appeal this decision in court. Within 10 days after the decision is made, administrative service centers provide the applicant with an extract from the decision on granting a permit.
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