How to divide non-residential premises?
The division of non-residential premises into separate ones is relevant for owners of large and medium-sized facilities who want to transform them into several smaller ones and subsequently sell or lease them, as small facilities with a separate entrance are in greater demand in the market.
Depending on the characteristics of the premises to be divided, the division of non-residential premises into 2 or more separate ones may be carried out either under a simplified procedure based on a conclusion on the technical feasibility of division or under a full procedure for reconstruction of the property.
Subdivision based on the opinion
The procedure of division based on the conclusion on technical feasibility can be applied in cases where no interference with the load-bearing structures is expected, in which case the procedure is as follows:
- Obtaining a conclusion on the technical feasibility of division. Such a conclusion is prepared by companies that employ engineers with the appropriate qualification certificate (in particular, GlobalBud Ukraine)
- Signing an application for division of property by the owner or notarization of the agreement on such division by the owners.
- Obtaining new technical passports for each object formed as a result of the division
- Obtaining an extract on registration of ownership of separate premises in the State Register of Real Property Rights
If there will be interference with the load-bearing structures
The division of non-residential premises when interference with load-bearing structures is envisaged is carried out by obtaining permits for reconstruction and subsequent commissioning of the newly created facilities.
The procedure consists of the following steps:
- Project development
- Preparation of documents required to obtain permits for the start of construction works
- Submission of a notice of commencement of construction works or obtaining a Construction Permit
- Preparation of technical passport for new facilities
- Obtaining documents on putting the facility into operation.
- Registration of ownership of newly created objects
After the division of property, at the owner’s request, the intended purpose of one or more premises resulting from the division may also be changed.
The following should be noted:
- determination of the technical feasibility of division, merger or spin-off is not carried out for real estate objects that include objects built without compliance with the requirements of the legislation in the field of construction.
- determination of the technical feasibility of division of the real estate object (objects) in which the title to the land plots is registered (in case of joint ownership of the land plot) shall be considered only after determining the possibility of division of such land plot in accordance with the law.
- the land plot to be assigned to each newly created independent facility must have an independent exit to the street (alley, square, etc.) with a width of at least 3.5 meters or the possibility of organizing a joint entrance. For the maintenance of buildings and their routine repair, the distance to the border of the neighboring plot from the most protruding wall structure must be at least 1 meter. It is not allowed for a land plot or its parts to belong simultaneously to two (or more) newly formed independent objects.
Why should you contact us?
The division of non-residential real estate may seem like a difficult and troublesome procedure, but if you entrust the division of real estate to specialists, the entire procedure will be done efficiently and as quickly as possible.
Our specialists have many years of experience in the field of property division, property merger, and change of purpose. Contact us and order the procedure of property division.