There is a possibility that soon it will be impossible to register an office in a residential building. The deputies propose the procedure for transferring the residential building to non-residential to register the office in the apartment.
Bill No. 5035 on the specification of the boundaries of the use of housing proposes to supplement Part 1 of Article 383 of the Civil Code of Ukraine with paragraph 2. According to the changes, the owner can place his enterprise, institution or organization in an apartment building only after transferring such residential premises to non-residential premises in accordance with the requirements of the current legislation.
According to the above-mentioned article, the owner of a residential premises, has the right to use the premises for his own residence, residence of members of his family, other persons and can`t use it for industrial production. The explanatory note to this Bill notes that there is a practice when enterprises, institutions and organizations that are not used for industrial production in the narrow sense of the term are located in apartments. In addition, the authors of the bill reason that such cases lead to violations of the rights of owners of other apartments and non-residential premises in the apartment building and violate the sanitary and technical requirements and rules for operating the apartment building.
Thus, the legislator restricts the right of owners of apartments to use them as a legal address for enterprises, institutions or organizations, using the general concept "accommodation".
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