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Let not so cozy, as it happens, but it is easy, as it does not happen.
17/11/2019
According to the Federal law of 15.04.2019 No. 59-FZ "on amendments to article 17 of the Housing code of the Russian Federation", from October 1, 2019, residential premises in an apartment building can not be used to provide hotel services.
The main consumers of "daily delivery" of apartments are sports fans, as well as tourists.
What changes will occur in this sphere of services and what should be done to the owners of residential premises in the comments of senior lawyer of the European legal service Lyudmila Starovoitova.
The living space is intended for citizens.
It is allowed to use premises for professional activity or individual business activity by citizens living in it legally, if it does not violate the rights and legitimate interests of other citizens, as well as the requirements that the premises must meet.
Placement in premises of industrial productions, hotels, and also implementation in premises of missionary activity, except for the cases provided by article 16 of the Federal law of September 26, 1997 N 125-FZ "About freedom of conscience and about religious associations"is not allowed. Residential premises in an apartment building can not be used for the provision of hotel services.
Now the room in which the hostel is located, the owner will be obliged to transfer to non-residential.
For transfer to non-residential premises must obtain permission of local authorities to redevelop and equip the necessary equipment, Soundproofed rooms, fire safety alarms, cleaning and sanitation of rooms. In addition, there must be a separate entrance.
It is assumed that the owners of hostels will suffer losses, as they will be forced to either close the institution, or bring it into line with the new requirements.
Prices are projected to rise and demand for those hostels that are already located in premises with the status of non-residential. Also, hostels can be located in apartment complexes, as they are non-residential premises.
On the basis of article 1 of the Federal law of 24.11.1996 N 132-FZ "About bases of tourist activity in the Russian Federation" the hotel offers is a set of services to provide to individuals the means of accommodation and other services specified in the Rules of providing hotel services in the Russian Federation approved by the Russian Government, which provided individual entrepreneurs and legal entities.
According to item 4 of Rules of providing hotel services in the Russian Federation, UTV. The resolution of the Government of the Russian Federation of 09.10.2015 N 1085 (further-Rules of providing hotel services), requirements to hotel services, including to their volume and quality, are defined by the agreement of the parties of the contract if Federal laws or other regulatory legal acts of the Russian Federation do not provide other requirements.
On the basis of item 5 of the specified Rules provision of hotel services is allowed in the presence of the certificate on assignment to hotel of the certain category provided by Regulations on classification of hotels, UTV. The resolution of the Government of the Russian Federation of 16.02.2019 N 158 (further-Regulations on classification of hotels) if such requirement is provided by the legislation of the Russian Federation.
According to part 21 of Art. 5 of the Federal law of 24.11.1996 N 132-FZ" about bases of tourist activity in the Russian Federation " providing hotel services without the certificate on assignment to hotel of the certain category established by regulations on classification of hotels, and also use in advertizing, the name of hotel and the activity connected with use of hotel, the category which is not corresponding to the category specified in such certificate is forbidden and entails administrative responsibility according to the legislation of the Russian Federation.
If you literally interpret the requirements of the law, the ban for "daily delivery" of apartments is not categorical, since most apartment owners who practice daily delivery, use them as separate objects, and not as "property complexes" that fall under the definition of "hotel".
In the Russian legislation there is no prohibition without special permissions to transfer premises for a payment in temporary possession and use.
The law gives the right to conclude a contract of tenancy.
In this case, the minimum term of employment is not provided, there is a limit only to the maximum-no more than five years (Art. 671, 683 of the civil code).
This makes it possible to provide premises under a contract of employment for temporary possession and use for the purpose of living, but without providing accommodation with related services.
In this case, we can say that the ban will not be violated.
The main consumers of "daily delivery" of apartments are sports fans, as well as tourists.
What changes will occur in this sphere of services and what should be done to the owners of residential premises in the comments of senior lawyer of the European legal service Lyudmila Starovoitova.
The living space is intended for citizens.
It is allowed to use premises for professional activity or individual business activity by citizens living in it legally, if it does not violate the rights and legitimate interests of other citizens, as well as the requirements that the premises must meet.
Placement in premises of industrial productions, hotels, and also implementation in premises of missionary activity, except for the cases provided by article 16 of the Federal law of September 26, 1997 N 125-FZ "About freedom of conscience and about religious associations"is not allowed. Residential premises in an apartment building can not be used for the provision of hotel services.
Now the room in which the hostel is located, the owner will be obliged to transfer to non-residential.
For transfer to non-residential premises must obtain permission of local authorities to redevelop and equip the necessary equipment, Soundproofed rooms, fire safety alarms, cleaning and sanitation of rooms. In addition, there must be a separate entrance.
It is assumed that the owners of hostels will suffer losses, as they will be forced to either close the institution, or bring it into line with the new requirements.
Prices are projected to rise and demand for those hostels that are already located in premises with the status of non-residential. Also, hostels can be located in apartment complexes, as they are non-residential premises.
On the basis of article 1 of the Federal law of 24.11.1996 N 132-FZ "About bases of tourist activity in the Russian Federation" the hotel offers is a set of services to provide to individuals the means of accommodation and other services specified in the Rules of providing hotel services in the Russian Federation approved by the Russian Government, which provided individual entrepreneurs and legal entities.
According to item 4 of Rules of providing hotel services in the Russian Federation, UTV. The resolution of the Government of the Russian Federation of 09.10.2015 N 1085 (further-Rules of providing hotel services), requirements to hotel services, including to their volume and quality, are defined by the agreement of the parties of the contract if Federal laws or other regulatory legal acts of the Russian Federation do not provide other requirements.
On the basis of item 5 of the specified Rules provision of hotel services is allowed in the presence of the certificate on assignment to hotel of the certain category provided by Regulations on classification of hotels, UTV. The resolution of the Government of the Russian Federation of 16.02.2019 N 158 (further-Regulations on classification of hotels) if such requirement is provided by the legislation of the Russian Federation.
According to part 21 of Art. 5 of the Federal law of 24.11.1996 N 132-FZ" about bases of tourist activity in the Russian Federation " providing hotel services without the certificate on assignment to hotel of the certain category established by regulations on classification of hotels, and also use in advertizing, the name of hotel and the activity connected with use of hotel, the category which is not corresponding to the category specified in such certificate is forbidden and entails administrative responsibility according to the legislation of the Russian Federation.
If you literally interpret the requirements of the law, the ban for "daily delivery" of apartments is not categorical, since most apartment owners who practice daily delivery, use them as separate objects, and not as "property complexes" that fall under the definition of "hotel".
In the Russian legislation there is no prohibition without special permissions to transfer premises for a payment in temporary possession and use.
The law gives the right to conclude a contract of tenancy.
In this case, the minimum term of employment is not provided, there is a limit only to the maximum-no more than five years (Art. 671, 683 of the civil code).
This makes it possible to provide premises under a contract of employment for temporary possession and use for the purpose of living, but without providing accommodation with related services.
In this case, we can say that the ban will not be violated.