Publications Transfer of dwellings and dwellings to non-residential dwellings

Given the increase in business activity, the transfer of residential premises (flats and houses) to non-residential ones for further use in business activities remains a pressing issue.

In the city of Kharkiv, this issue is regulated by the Regulation on the procedure for the transfer of residential premises and dwelling houses to non-residential ones, approved by the decision of the Kharkiv City Council of 06.07.2011 336/11.

According to the Regulation:

  • Detached dwellings; flats located on the basement and first floors of apartment buildings are subject to transfer from dwellings to non-residential dwellings. An apartment on the second floor may be moved to non-residential premises only if the premises located on the ground floor below the apartment have the status of non-residential;
  • All residents must be removed from the registration of the place of residence before moving to a non-residential space. It is not permitted to transfer emergency dwellings to non-residential premises;
  • The dwelling should be isolated and have the status of a separate property right;
  • If the above conditions are met, it is necessary to apply to the project organization (public or private) with the appropriate licence in order to obtain the following documents:

Technical opinion on the possibility of converting dwellings to uninhabited dwellings for business. The technical report should indicate whether it is possible to create a separate exit for an uninhabited area, unrelated to the access of the residential building.
pre-project proposals for the architectural solution of the object and the improvement of nearby territory.
Before converting a dwelling into a non-residential dwelling, it is necessary to make arrangements for the ownership or use of a plot of land in order to service non-residential premises.

In order to convert a dwelling to a non-residential dwelling, it is necessary to apply to the Kharkiv City Council with the following documents:

  • A notarized copy of the documents authorizing the accommodation;
  • A copy of the technical residence permit;
  • Technical opinion on the possibility of converting a dwelling into an uninhabited dwelling for business (project of actual reconstruction of a dwelling for non-residential dwelling);
  • Pre-project proposals for the architectural solution of the facility and the improvement of the surrounding area;
  • A certificate that the dwelling is de facto and legally free (a certificate from Zek on the departure of the prescribed citizens);
  • A copy of the contract for the removal of rubbish (to be concluded with public/private services);
  • A copy of the passport of the owner of the dwelling;
  • For owners of dwellings, a document that confirms the right to own or use the land;
  • In the case of the creation of an association of roommates of an apartment building (MDM), the agreement of the MDM to the transfer;

Other documents (consent of the owners of the real estate; authorization by the tutelage and guardianship authority if the child has the right to own or use the premises). 

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