How to Transfer the Apartment to the Status of Non-residential Premises?

A fairly common phenomenon to date is the placement of offices, shops, medical offices in converted and re-planned apartments. Renting office space in Saket or other commercial premises in big cities is often very expensive, so many entrepreneurs, especially beginners, cannot afford to rent such premises. In this case, it is advisable to buy an apartment in an apartment building on the first floor and convert it into an office or shop.

In the beginning, it is necessary to transfer this apartment to a non-residential fund.

There is an exhaustive list of documents required for the transfer, and grounds for refusing the transfer. In India, there are regional regulatory, legal acts regulating the procedure for transferring premises from a housing stock to a non-residential one.

Transfer of living quarters to non-residential premises is not allowed if:

– Access to the transferable premises is impossible without the use of premises that provide access to living quarters, or there is no technical possibility to equip such access to this premise.

– The premises being transferred are part of the residential premises or are used by the owner of the premises or by another citizen as a place of permanent residence.

– The ownership of the premises is encumbered with the rights of any person.

The transfer of an apartment in an apartment building into a non-residential premises is allowed only in cases where such an apartment is located on the first floor of the indicated house or above the ground floor, but the premises situated directly under the apartment being transferred to a non-residential premises are not residential.

To transfer a living space to a non-residential owner of the relevant premises or a person authorized by him, the following documents shall be provided to the authority performing the transfer of premises at the location of the transferred premises:

1. Application for the transfer of premises.

2. Legal documents for the assigned premises (originals or notarized copies).

3. The plan of the transferred room with its technical description (in case the premises being moved are residential, the technical passport of such a proposition).

4. Floor plan of the house in which the premises are located.

5. The project of reorganization and (or) re-planning of the transferred premises prepared and executed by the established procedure (in case reorganization and (or) redevelopment are required to ensure the use of such premises as residential or non-residential premises).

If no work is required to transfer rented properties in Noida to a non-residential premises, the positive decision is the basis for using the premises as non-residential premises.

If for the transfer to a non-residential fund in a room it is necessary to make a reconstruction and (or) re-planning, the specified decision lists the actions required. In this case, the choice is the basis for the production of the relevant work. Completion of the reorganization and (or) re-planning is confirmed by an act of the acceptance commission issued by the district administration. The act of the acceptance committee establishes the end of the transfer of the premises and is the basis for using the transferred premises as non-residential premises.

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