The necessity of transferring a residential apartment to the uninhabited fund/non-residential capital is becoming increasingly widespread, as the infrastructure of many places in the central areas require modernization. At the same time, the procedure of changing the purpose of real estate is very troublesome.
The law company “Law Consulting Group” offers a range of legal assistance during the transfer of real estate to the uninhabited fund.
According to articles 7 and 8 of the Housing Code of Ukrainian SSR, in exceptional cases, transfer of residential buildings and residential premises to non-residential can be carried out with the permission of competent organs.
The procedure of transferring residential premises is carried out on the basis of The Procedure of transferring residential buildings and residential premises to non-residential in the city of Kiev, confirmed by the order of КМДА(KMDA- Kiev City State Administration) No. 1825 from 01.10.2002, letter of the State committee of building, architecture and housing politics of Ukraine No.5/2-6 from 05.01.2001.
In accordance with the provisions of the Informative letter of the High Commercial court of Ukraine from 07.06.2005, N 01-8/1051 “ About some questions of the application of Articles 7 and 8 of the Housing code of the Ukrainian SSR in resolving disputes concerning transfer of residential buildings and residential premises to non-residential”: Transfer of residential buildings and residential premises to buildings of State and community/public Housing fund to non-residential can also be implemented concerning residential buildings, apartments, which belong to legal entities and private individuals on the basis of private property.
In terms of part 2, Article 7 of the Housing Code of the Ukrainian SSR, transfer of residential buildings and residential premises to non-residential is carried out with the permission of organs, which perform the functions of executive organs of the Verkhovna Rada (Parliament) of the Autonomous republic of Crimea, regional, Kiev and Sevastopol city boards, and specifically: Acts of the Board of ministers of the Autonomous republic of Crimea, regional state administrations, Kiev and Sevastopol city state administrations.
Acts of these organs in questions of transfer of residential buildings and residential premises to non-residential can be contested by legal entities and private individuals- subjects of entrepreneurial activity, to the Commercial court on the basis of Article 12 of the Commercial-procedural code of Ukraine.
The main stages of transfer from residential to non-residential fund:
Having practice and experience in the specialized government agencies, specialists of the Law firm “Law Consulting Group” will take the troubles concerning the procedures of transfer of real estate to the uninhabited fund upon itself:
- Obtaining permits for passing the stages of transferring residential apartments to the non-residential fund;
- Obtaining Orders of the Kiev City State Administration about the transfer of residential apartments to the non-residential fund;
- Preparation of documentation (all stages of projection/planning)
Our services of legal accompaniment concerning transfer to the uninhabited fund are as follows:
- Consultation with the client about the possibility of transferring premises from one fund to another
- Preparing and obtaining the full packet of necessary documents.
Legalization of entrance lobby
(personal separate entrance to the premises)
Procedure of legalization of entrance lobbies includes the following major stages:
1.Obtaining consent of residents and installation of a separate entrance. Obtaining permission/consent from the balance holder of the building.
2. Obtaining an Order for reconstruction
3. Obtaining output data
4. Obtaining technical conditions
5. Preparation of Project documentation
A) Pre-project propositions
b) Working documentation
6. Approval and examination of documentation: architecture, passing the Town-planning board, State Sanitary and Epidemiological Service, Fire department, State Automobile inspection, Department of Cultural Heritage and other agencies.
7. Obtaining permission for commencement of construction works.
8. Commissioning and obtaining a Certificate of compliance
9. Obtaining a new technical passport.
Specialists of the Law firm “Law Consulting Group” will provide complex services connected with obtaining all permits for the approval of entrance lobbies (Personal separate entrance to the premises).
If you cannot solve a problem- Begin controlling it.
Preside over the problem of obtaining permits by delegating this problem to the law company “Law Consulting Group”.