How to convert non-residential premises into residential

The parameters of living space are governed by a document called the State Building Norms, or DBN, in act 2.2-15-2002. For example, a space must meet the following conditions: 

• a height of at least 2.5 m;
• a bathroom area of 3.8 m or more;
• ventilation equipment;
• connection to utilities.

In addition, there are requirements for noise levels, electromagnetic fields, vibration, and sanitary and hygiene norms. The list is long — even the thickness of the walls and the materials they're made from are specified. This is one of the reasons why residential high-rises take a long time to build and the price per square meter in them is high, unlike commercial spaces and buildings. 

Accordingly, the housing stock is all the spaces in which, under the law, a person may live. This includes all forms of ownership and types of space: from ordinary apartments to dormitories, hotels and even homes for the elderly. When a property is handed over after construction, they all undergo inspection by the relevant authorities and commissions and are deemed fit to live in.

Converting non-residential premises into residential

The question of such a conversion comes up among owners of commercial spaces fairly often. Sometimes the developers themselves even sell spaces originally intended as apartments as non-residential ones, in order to lower their price or, while still at the construction stage, to save on materials and on meeting requirements. And it's then up to the owner to register the space as a home, with the necessary modifications. So the spaces people most often want to convert into housing stock are:

• a studio;
• an apartment;
• a workshop.

They may be located in a residential building but, on paper, be unfit to live in. It's important to understand that manipulations with documents amount to a change in the designated purpose of the space. And to do it correctly, you need to make a certain effort. The reward, though, will be the chance to register your residence there and live on entirely legal grounds.

The procedure for converting non-residential premises into residential

For this, you'll most likely have to modernize the space. Or even redevelop it, because residential spaces have requirements for that too. If the construction work has already been done, then you need to gather a set of documents. It includes:

• an application to change the designated purpose;
• a copy of the document by which the balance holder is notified of the transfer to another stock;
• a copy of the owner's passport and tax ID;
• a copy of the documents confirming the rights to the square meters;
• a copy of the technical passport for the space being converted, and a plan of the entire floor;
• if you wish to seriously alter the space — a work project;
• photographs.

This set has to be submitted to the Center for the Provision of Administrative Services. From there it's sent to the Department of Urban Planning, where the decision to convert it into housing stock — or to refuse — is made. The response is passed to the administrative services center, and then to the person who provided the documents. 

It's worth noting two points. First, the review of the documents takes about two months. Second, the list of documents can differ in different cities of Ukraine. This depends on the city's master plan and the layout of its development.

Cases of refusal

Sometimes converting from non-residential to residential can turn out to be problematic. Difficulties arise if the property doesn't meet the requirements for living space. The examination of the documents may call for reconstruction. The procedure after a refusal from the department of urban planning looks like this:

• you need to obtain a permit for reconstruction;
• draw up a new technical passport;
• obtain title once again.

If reconstruction is refused, then the transfer into housing stock is impossible. This happens, for example, with basements, which aren't meant for living at all.

The features of non-residential premises in new builds

In new buildings, you can suffer because of a developer's dishonesty. In such cases, non-residential premises are sold under the guise of a residential apartment. Converting them into the right stock can take some time or even turn out to be impossible. To avoid such situations, you need to check the developer or realtor:

• the documents for the space should say "apartment" or "room";
• if it's recorded as an apartment, studio or smart apartment, then the space is most likely non-residential;
• check for an approval letter from the Ministry of Regional Development, Construction and Housing and Communal Services.

These are the most effective ways to determine the stock a space belongs to.