27.09.2022

HOW CAN A HOME BECOME AN OFFICE?

It is necessary to know that according to the Law on the Planning of the Territory, a property can become an office only if strict requirements are met. Even more so when it comes to the conversion of a residential property, regardless of whether it is being converted into an office, shop, studio, doctor's or dentist's office.

There is no doubt that it is much easier and painless to convert premises in residential buildings into offices and shops in newly constructed buildings. Such premises are included in the architectural and structural plans from the very beginning. For some of them, changes are made in advance in order to meet the requirements - grocery stores, pharmacies, dental offices, etc., in advance pass through the control of the sanitary and hygienic authorities and fire protection, etc. For them, the Law on the Planning of the Territory determines that "objects for business and service activities in a newly constructed residential building are planned in the underground, semi-underground and first floors, if separate entrances to them are provided and they comply with the sanitary and hygienic, fire protection and other technical requirements".

Much more often, however, in already built residential buildings, apartments are rebuilt in such objects. In this case, it is necessary to follow the rules so as not to lead to problems in the construction of buildings, to conflicts between floor co-owners, to violation of architectural plans, etc.

According to the Law on the Planning of the Territory "in an existing residential building with a condominium regime, it is allowed to renovate and change the purpose of a living space or an independent dwelling into a cabinet for health needs, for an office or for a studio for individual creative activity, related to access to outsiders in the building if the objects are located on the first floor". Mandatory, this reconstruction must comply with sanitary and hygienic, fire protection and other technical requirements. According to the law, "express written notarized consent of all owners - immediate neighbors of the objects" is also required.

As an exception, it may be allowed to place the specified objects on other above-ground floors, says the Law on the Planning of the Territory. Another issue is that in quite a few residential buildings this is not an exception at all, but a rule. Especially in the central parts of the cities.

It should be noted that there must be projects for the redevelopments. According to the Law on the organization of the territory, they "must be presented with a motivated opinion of a construction engineer with full design legal capacity, proving that the loads are not increased, structural elements are not affected and the load-bearing capacity, stability and durability of the building's structure are not reduced" . And when changes are required in the structure or the loads are increased, a structural part of the project is also presented.

According to the current Condominium Management Law, an owner, user or resident who exercises a profession or carries out an activity in a separate object of the condominium, related to access by outsiders, pays the costs of management and maintenance of the common areas in the amount of three to five times the amount , determined by decision of the general assembly of the condominium.