The placement of catering establishments in the housing stock has always raised many questions. Bars and pubs located on the ground floors or in the basements were especially hit. apartment buildings.

From this article you will find out what are the requirements for bars located in residential buildings. We will consider the main provisions of the legislation on catering establishments in the housing stock. We will tell you how to avoid conflicts with the tenants of the house.

Bar in a residential building: basic laws

The issue of placing bars in the housing stock worries many owners of establishments. The essence of the problem is the dissatisfaction of the residents of the houses. At the initiative of residents, dozens of petitions are regularly sent to the government of Moscow and the Moscow Region. In statements, Muscovites are asking for a ban on bars located in apartment buildings. The main reasons for dissatisfaction are loud noises, smells, large crowds, garbage.

Government agencies have not yet completely banned the operation of bars in residential buildings, but they have introduced many restrictions. Let's consider the main ones.

What to remember first

The main thing that owners of bars in the housing stock should be wary of is conflicts with local residents. Remember: you will not have problems as long as you do not interfere with the residents of the house. Try to resolve all conflicts peacefully.

Rules for placing bars in the housing stock

One of the main provisions of the legislation is that a public catering establishment in the housing stock can be located only in the places provided for this. Among them are attached, built-in and attached premises, as well as non-residential floors. Consent from residents is not required.

Basic requirements for bars in the housing stock:

• Strictly comply with the sanitary standards established for catering establishments. Including hygienic standards for noise, vibration, pollutants.
• Separate entrance from the residential part.
• It is forbidden to accept raw materials and products from the windows and doors of the house. To do this, you need to find a place at the end of the building without windows. The best option is to equip the loading line through the tunnel.
• The place for garbage should be located at a distance of 25 meters from the house and recreation areas.
• Parking of official vehicles and visitors' cars is prohibited in the yard.
• Ventilation should be separate from the residential one, and its outlet pipe should protrude 1 m from the roof.
• After 23:00, only establishments with an area of ​​​​up to 250 square meters can work. m and with a capacity of not more than 50 seats.

If these requirements have not been met, the residents of the house have the right to file a complaint with Rospotrebnadzor. The facility will be inspected. The further activity of the bar depends on its conclusion. Violations can lead to fines or the closure of the bar for a certain period.

Bar in housing stock: how to avoid problems

The law does not prohibit the sale of alcohol in bars at night, so it is possible that many guests will gather in your bar after 23:00. Try not to disturb the residents of the house, make sure that your visitors behave appropriately. Remember: you have the right to refuse service to people who are intoxicated. Organize the security of the institution to prevent a situation that may disturb the neighbors.

If you are planning to buy a bar as a ready-made business in a housing stock, carefully study the object. Inspect the ventilation system, specify where the place for garbage is located, make sure that the bar has a separate entrance, a place for the supply of raw materials and products. The best option is to contact lawyers who specialize in business.

Read other articles

One of the most difficult types of business on the first floors of residential complexes is a restaurant or cafe. And if you have not previously worked with this type of real estate, then for the future restaurant it is better to choose a room in a shopping or business center, in a separate building. For those who are confident in their abilities, the portal site talks about typical mistakes that are possible when starting an institution in a residential complex.

In principle, almost everything can be opened on the first floors of the residential complex, Alexander Zlatkin, the chief architect of OAO Stroyproekt, is sure. For example, in the elite residential complex"Vienna House" in Neopalimovsky Lane on the ground floor there is a 25-meter swimming pool with a spa and a fitness center. In residential buildings of the Lenkom Theater on the street. Gilyarovsky - two-story offices. In residential buildings in the microdistrict "Pavshinskaya Poyma" - a music school, a clinic, a shop and a restaurant. A three-story store has been built into the complex on Ozernaya Street, where travolators have been designed for movement between floors. However, it is easiest to open a residential complex on the ground floor, for example, a law firm or a clothing store. This will not require any special equipment of the room, except for a separate entrance and bathroom. For restaurants and cafes, on the contrary, the list of requirements for the premises is impressive.

For example, to open a store or a beauty salon in a residential complex, you do not need a separate hood, for cafes and restaurants this required condition. According to Alexander Poduskov, director of development and development of loft projects at KR Properties, an autonomous hood can become a serious, even unsolvable problem, and not even on the part of the SES, but on the part of the residents of the house, who may not want to observe on the facade of the building, next to their windows, additional ventilation pipes (the organization of a technical exhaust on the roof of the house will cost from 500 thousand rubles). Alexander Zlatkin adds that even the addition of a canopy above the entrance to the cafe, which was not originally included in the project, will require coordination with the residents of the higher floors. Accordingly, before signing a lease agreement and planning to open a cafe in the residential complex, it is worth getting to know and make friends with the neighbors.

To open a cafe and a restaurant in a residential complex, several sanitary and epidemiological conclusions are required, permission from the fire service, a license to sell alcohol if the establishment plans to sell it. In addition, according to Alexander Poduskov, the placement of a catering establishment in a residential building must be coordinated with the prefecture of the administrative district. Project documentation must be performed by a specialized organization that has the appropriate license, and the following sections must be prescribed in the project: technological part; protection against noise and odors (hydro and noise insulation); supply and exhaust ventilation. Head of Department commercial real estate And 101 Oksana Moiseeva adds that an entrepreneur must have accounting books, a production control plan, contracts with contractors, a contract for the disposal of solid waste, a contract for disinfestation, and deratization.

As with opening a store in a residential complex, a restaurant also needs to consider an unloading area, which, we recall, should not be on the side of the entrances of the house. Dedicated energy capacities are required - at least 20 kW per 100 square meters. meters of area, says Sergey Ilyasaev, CEO of the Rezidential Group (developer Pirogovskaya Riviera).

As for the location of the cafe, there is a general rule for any business in the commercial areas of residential buildings - an open, unfenced area, the ability to approach from the side of the main pedestrian street and place a sign on the facade of the building from its side. In addition, it is desirable that the site is close to metro stations or public transport stops, and there is parking.

If the class of housing does not matter for opening a grocery store or a hairdresser, everyone eats and gets their hair cut, just at different prices, then a full-cycle restaurant with a variety of cuisines and alcohol should be opened only in premium LCDs or, in extreme cases, in business LCDs. class.

The minimum ceiling height for a cafe or restaurant is 2.8 - 3 meters. The layout of the premises, according to Yegor Ostapenko, director of the retail real estate department at Praedium, should be open (at least for the guest area), but the production part can be a cabinet. By the way, the kitchen, as a rule, occupies up to a third of the entire area of ​​\u200b\u200bthe establishment. If we talk about the optimal area, then it depends on the format of the institution. As the expert notes, a full-fledged restaurant with a varied menu requires a room of at least 300 square meters. meters - in a smaller area it will be possible to realize only a cafe or a coffee shop. Alexander Poduskov clarifies that if you decide to organize a takeaway pizzeria, then 50 sq. meters, if a cafe - it is worth considering the premises of 100-250 square meters. meters.

Restaurant concepts in Studio #8 apartment complex

Interestingly, not all experts believe that for the financial success of a cafe in a residential complex one cannot do without the sale of alcohol. Sergey Ilyasaev notes that in most cases, non-alcoholic cafes are inferior in terms of revenue to establishments where visitors can purchase alcoholic beverages, which provide up to 70-75% of the establishment's gross revenue. However, the expert clarifies that in the Pirogovskaya Riviera residential complex, which his company sells in the Moscow region, it is planned to open a healthy food cafe. “Creating the concept of the Pirogovskaya Riviera Residential Complex, we relied on sports and health. Therefore, the majority of our residents share the values ​​of a healthy lifestyle.”

Egor Ostapenko is somewhat more categorical: “In the vast majority of cases, without a license for alcohol, a cafe in a residential complex, especially in a residential area, cannot be successful. The only exception is, perhaps, the Anderson chain cafe, but this brand has found its own format, audience, - a children's cafe for family vacation, and it is unlikely that there will be significant competition in its niche.

Alexander Poduskov disagrees with Yegor Ostapenko: “The lack of a license for alcohol is not at all synonymous with failure. It is important to choose the right format. So, a coffee shop, a Japanese cafe, a pizzeria, a culinary studio can be successful. The sale of draft beer with seated guests can also give good financial results provided that there are enough visitors in the institution. However, Yegor Ostapenko argues with Alexander Poduskov, recalling that in 2015-2016 Moscow was overwhelmed by a boom in craft bars, which began to open both in the center and in the depths of the sleeping areas. However, over time, not everyone managed to withstand serious economic difficulties, get a permanent audience, and gain a foothold in the area. As a result, there are many closures and a decrease in the volume of leased space by such tenants.

Another significant point for an institution in the residential complex is the ability to work after 23 hours. Only one interviewed expert claims that this is possible. Thus, according to Sergey Shiferson, commercial director of City&Malls PFM, starting from September 2015, enterprises and shops with operating hours after 11 p.m. were officially allowed to work on the first and basement floors residential buildings ("SNiP 31-01-2003" Residential multi-apartment buildings "). At the same time, there are a number of restrictions - the number of seats should not exceed 50, and the area of ​​​​the facility - 250 square meters. meters. Also, the institution should not have musical accompaniment.

The amount of investment in a restaurant or cafe depends on the owner's imagination. According to Sergei Shiferson, there are no universal figures here, everything depends on the project, the condition of the premises, the cost of its repair and equipment. As a rule, for small cafes, cookeries, pizzerias and sushi shops, the payback period is about 2-2.5 years. Egor Ostapenko adds that you can open a mini-cafe with one stove and microwave ovens with an investment of no more than 500 thousand rubles (if the room has already been finished with a standard finish). If you rent 300-500 sq. meters in shell & core format, equip a professional kitchen, create a restaurant with an individual concept, then investments can be from 10 million rubles. “The allowable percentage of borrowed funds can be any, - continues Yegor Ostapenko, - The main thing is business efficiency. It is possible to open a restaurant with fully credited funds: sometimes the amount of borrowed funds in public catering is up to 90%.

The photo of the Garden Quarters multifunctional complex was taken by a copter, the rest of the photos were provided by KR Properties

Placing commercial premises on the ground floor of residential buildings has long been a common and widespread practice. This is done not only to make money, but, as the developers and authorities say, for the convenience of residents - after all, this way they can buy the required goods, get a haircut and sit in a friendly company without leaving home. But at the same time, they bring noise, dirt and numerous problems.

How to close a bar in a residential building

For example, bars in a residential building cause a lot of inconvenience. Getting rid of such “neighbors” just because you don’t like them will not work - there must be legal grounds for that. There can be many reasons, but the main ones are regular noise at odd hours, garbage, and illegal redevelopment and repairs.

While legal

Authorities have long considered banning establishments such as beer bars in a residential building. But for now, everything remains at the stage of bills and cafes, and restaurants can operate quite legally, since the law on bars in residential buildings has not yet been adopted.

Why they can close a cafe bar in a residential building

• Noise at unscheduled times

Here the fight against violators follows the same principle as with unreliable neighbors - with constant noise, you need to contact the police. It is imperative to insist on the arrival of the outfit and register what happened - otherwise there will be no sense from statements. First they get a warning, then a fine. If that doesn't work, then contact the Attorney General.

• Uncoordinated repair

Carrying out a global repair with the removal of load-bearing structures is a danger to everyone living in the building. Therefore, it is worth checking such things in advance and paying attention to them. Whether the actions being taken are coordinated can be found in the State Housing Inspectorate. If unauthorized work is underway, then you can contact Rostekhnadzor. Possible options are contacting Rospotrebnadzor or the prosecutor's office.

• Trash

If you are thinking about how to deal with a bar in a residential building that generates a lot of garbage that is not removed, then you should contact Rospotrebnadzor. Serious measures are being taken against companies, so the cafe is guaranteed to have problems.

In general, Rospotrebnadzor and the Department of Trade of the city control the activities of commercial organizations. Therefore, if there are any other claims, then it is worth contacting them.

Our legislation is still imperfect, if a bar in a residential building interferes with you, and nothing has been done according to the law - perhaps an urgent purchase of apartments in Moscow and a change of residence will help you.

Placement of a seasonal (summer) cafe, regulated by Decree No. 102-PP of 03/06/2015

Decree No. 102-PP

Is your cafe included in the deployment?

First, you need to find out if the restaurant is included in the layout of non-stationary seasonal facilities. Check if the address of your cafe or restaurant is included in the layout of seasonal cafes. For example, if there was another restaurant at this address, the previous owner of which submitted documents for approval of a site for a summer cafe, or you know that the veranda was legal, then you, as a new owner, just need to submit your package of documents and a project for a summer cafe to approve this territory to its own legal entity.

There is another option - you want to get a large area for summer cafe verandas or considering an additional site for a seasonal cafe, you can collect the necessary package of documents, develop a project for a new area and submit it for approval. Examples for summer cafe placement

Summer cafe location season

Where can you place a summer cafe or what can serve as a playground?

Now let's find out where install a summer cafe and how to choose a platform for it.

Sidewalk

The simplest and most standard is to place summer cafe on the sidewalk, along the facade of the building in which the restaurant is located. An outdoor cafe should be adjacent to a stationary catering facility or stand at a distance, but not more than 5 meters, from the entrance group in a straight line. We draw your attention to the fact that if you have an entrance with steps, a porch, then this distance is measured from the last step to the summer platform.

Important! When equipping a summer cafe on the sidewalk, it is necessary to leave a passage for pedestrians. This distance is calculated according to the type of street where the summer cafe is planned to be located.

Maria Andreeva

Lawn

Very often, the lawn is not even considered as a platform for a summer cafe. But it is possible. Placing a summer cafe on the lawn allowed only with the installation of technological flooring, podium. Let's consider this option in more detail. What part of the lawn can be occupied to accommodate a summer cafe. If trees and/or shrubs occupying less than 50% of the lawn area grow on the lawn, then it is possible to install a flyer, if more than 50% - then it is impossible. If there is only a lawn on the site, occupy at least the whole, but do not forget a few important points:
- the area of ​​the summer cafe cannot exceed the total area of ​​the restaurant, cafe
- when arranging a summer cafe on the lawn, it is necessary to provide a wooden podium
- the veranda should not go beyond the boundaries of a stationary enterprise

Not allowed! Placement of seasonal cafes using structures (equipment) arranged around (above) trees, shrubs and leading to full or partial enclosing of their crowns, trunks directly inside the seasonal cafe.

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Roof

Maybe you are on the top floor of the building and you have direct access to the roof, which offers a stunning view of the capital? Do you think it is possible to put a veranda? We answer - if according to the documents the roof is operated and the building is not residential, then installation of a summer cafe on the roof possible!

Territory of business centers and shopping and entertainment centers

If your restaurant, cafe is located on the territory of a business center or shopping center, you can place the veranda of the restaurant on the stylobates and other open areas adjacent to them, the main thing is that your cafe has a separate entrance.

Do not forget! The summer cafe should be located at a distance of no more than 5 meters from the entrance group.

Maria Andreeva

Is the restaurant or cafe not on the ground floor?

If a stationary catering establishment is located in the basement of a building or located above the first floor, for example, on the second floor of a non-residential building. Install a summer terrace for a restaurant perhaps in case you have a separate exit to the street.

Do not forget!
- Place boundaries placement of a seasonal cafe should not violate the rights of owners and users of neighboring premises. The summer cafe should be located clearly within the boundaries of the restaurant. These boundaries are visible on the plans of the BTI, which are attached to the lease agreement for the premises.
- The area of ​​the summer cafe cannot exceed the total area of ​​the restaurant, cafe.
- If there are several catering establishments in the same building, then the outer border of your veranda should not go beyond the borders of the already established verandas of neighboring cafes and restaurants. At the same time, summer verandas of restaurants should be decorated in the same style.

Maria Andreeva

Environmental factors that influence the placement of a summer cafe

Public transport stops, pedestrian underpasses, subway technical facilities, station lobbies and subway pedestrian underpasses. In the presence of these factors, it is necessary to observe a certain distance from these elements to the boundaries of the summer cafe. Otherwise, when planning summer cafe placement, it is necessary to calculate the distance for the passage of pedestrians in accordance with SNiP 2.07.01-89 * Urban planning. Planning and development of urban and rural settlements.

Elements of urban improvement

These include city lighting masts, bins, bicycle parking, flower beds, benches, etc. When planning the placement of a summer cafe in areas near which these elements are located, it is necessary to provide a passage for pedestrians. The streets and roads of the capital are divided into categories: streets and roads of main and local significance, as well as main streets. Depending on the category of the street where the summer cafe is planned to be located, the distance for the passage of pedestrians will be calculated in accordance with SNiP 2.07.01-89* Urban planning. Planning and development of urban and rural settlements, p. 6 "Network of streets and roads."

Types of summer cafes

Let's talk about the "formats" of the summer cafe. Of the standard ones, these are typical and individual summer cafes. Typical "summers" include sites that are equipped with such equipment as: umbrellas with a side, central support, multi-dome umbrellas, a retractable elbow awning, pergola.

Individual summer cafes are quickly erected collapsible structures. For example, this is a metal frame erected from metal pipes of various sections, a wooden frame, trusses.

Since May 2016, a new format of summer cafes has appeared in the capital - a compact cafe. A narrow sidewalk, it would seem that it is simply not possible to put up a summer cafe, but it is this format of summer cafes that allows restaurants to carry out their plans.

Arrangement of a summer cafe

What is a summer cafe, where to put it and what types of summer cafes are, figured out. Now consider options for arranging summer verandas.

Rules for arranging a summer cafe of a standard format

As summer cafe equipment can be used:
- umbrellas with central support
- umbrellas with side support
- multi-dome umbrellas
- retractable awnings with fastening on the facade
- retractable awnings with fastening on metal supports, one-sided, two-sided
- single-slope, double-slope, wall-mounted or free-standing pergola

Important! In terms of height, this equipment cannot be located higher than the 1st floor of the building (floors between the 1st and 2nd floors).

Maria Andreeva

Arrangement of a summer cafe with a pergola

To preserve the architectural details of the building, it is forbidden to attach the pergola awning to the facade! It is impossible to partially or completely block the decorative architectural elements of the facade of the building with a pergola! Pergola supports should not block the window openings of the room to which it adjoins. The step between the supports cannot be more than 6 meters.

Important! Inside the Garden Ring and on its outer side, the placement of a pergola awning is not allowed, with the exception of areas located outside the road network.

Maria Andreeva

Different types of equipment may be used in the same area. This equipment can be mounted both on the existing coating (asphalt, tiles) with the equipment fastened to a depth of not more than 30 cm, and on the technological flooring (podium) on a temporary basis.
A wooden podium is acceptable for:
- placing a summer cafe on the lawn
- in the presence of a slope of the territory more than 3%
- in order to save fixtures and equipment from external factors;
- for wiring electrical cables for fire safety purposes;
- to drain water from the surface of the sidewalk;
- in the event that the territory provided for a seasonal cafe has a damaged sidewalk surface.

Summer cafe of an individual format

This format includes collapsible metal and wooden structures. A structure that consists of supporting posts along the perimeter, a roof frame in the form of guides, rails or trusses. Roof frame covering synthetic fabric (polyester). As a rule, a structure of this type is mounted on a wooden podium on a temporary basis and a fence with a height of at least 60 cm and not more than 90 cm is organized around the perimeter. A collapsible structure, as well as all summer verandas located on the podium, should provide free access , namely, be equipped with a ladder, ramp, handrails, special signs for the visually impaired and disabled groups population.

Important! The width of the stairs, the ramp must be at least 90 cm, the maximum slope of the ramp is not more than 5%.
It is permissible to use an attached (removable) ramp.

Maria Andreeva

Rules for arranging a compact summer cafe

Fencing and decorative elements for a summer cafe

For fencing a summer cafe, you can use:
- wooden and metal fences from 60-90 cm high
- floor containers for gardening from 35-90 cm high
- hanging containers for landscaping
- tapestries with a height of not more than 150 cm.
- adjustable screens with a height of not more than 90 cm in the assembled state, no more than 180 cm in the disassembled state.

Important! The fence for a summer cafe should not be “deaf”. It is forbidden to use inventory metal fencing.

Maria Andreeva

Fencing for a seasonal cafe, does not have to consist of boards, pallets, forged products, balusters, barrels, shutters, curly cutting can also be used. The use of tapestries as a decorative fence or decor gives the summer veranda additional comfort, security, as it can be 1.5 m high, and its interesting shape can give a “zest” to your cafe.

Adjustable Screens

Important! The structures of this fence must be made of rigid sections, fastened together by elements that ensure their stability.

Maria Andreeva

Trellis

Important! The trellis must have a massive base or distribution plates to ensure stability. You can also use a massive landscaping container to ensure stability.

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fencing

Important! Decorative fences with corner sections must be securely fastened together.

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Containers for gardening

Important!
- Containers for landscaping must be stable
- The floor container must not have legs (on a solid base)
- Hanging containers, as well as floor containers, should not go beyond the border of the summer cafe site
- The height of the decorative fence with hanging containers placed on them should not exceed 90 cm.

Maria Andreeva

Podium - technological flooring

When designing a wooden flooring, be sure to provide a staircase with a width of at least 90 cm. The staircase must be located inside the podium, not go beyond the boundaries of the summer cafe. Pay special attention to the requirements for people with limited mobility, namely a ramp with a width of at least 90 cm for wheelchair users, it can be either built-in or removable (attached), handrails, signal markings and tactile indicators for the visually impaired.

Important! The height of the podium cannot exceed 45 cm. If the territory on which the summer cafe is planned to be located has a slope, when leveling it, the height of the flooring at the top point is more than 45 cm, then it is necessary to organize an intermediate step or several steps.

Maria Andreeva

Lettering and logos

Advertising is prohibited. But as for the brand name, logo and name of the cafe or restaurant to which the summer cafe belongs, this is possible. Therefore, boldly apply the logo or the name of the cafe on the fence, containers for gardening, on awnings and umbrellas. But do not forget to follow certain rules, namely:
- logo (trademark) no more than 30 cm.
- an inscription (name) not more than 20 cm high.

The colors of the roof of the summer cafe according to Decree No. 102-PP

At arrangement of a summer (seasonal) cafe, you can use only those colors that are described in the Decree of the Government of Moscow No. 102-PP of 03/06/2015. Permissible color numbers are presented from the catalog of the NCS Beckers Color System palette for roofing umbrellas, awnings, prefabricated structures. Each of the colors can be used alone or in combination with other colors, alternating them in the form of a strip. Examples of NCS Beckers Color System Color Numbers

NCS code decoding table and suitable RAL color

Color sample and most suitable RAL number	NCS(S)	CMYK	RGB
RAL 3009	6020-Y90R	0 58 35 70	92 50 51
RAL 3020	1580-Y90R	0 100 85 15	189 7 33
RAL 2004	1070-Y70R	0 81 79 0	236 75 48
RAL 1033	0580-Y30R	0 55 100 0	240 132 0
RAL 1018	0530-Y20R	0 21 60 0	255 209 122
RAL 1003	2502-Y	0 0 10 33	184 183 173
RAL 1016	0540-Y	0 3 70 0	254 230 107
RAL 6010	3050-G70Y	20 0 92 47	130 135 0
RAL 6011	4020-G50Y	20 0 50 48	124 134 91
RAL 6005	5040-B90G	100 0 80 60	0 81 52
RAL 6000	6010-G10Y	35 0 40 65	76 95 76
RAL 5019	5040-B10G	92 0 15 70	0 70 85
RAL 9001	1002-G	5 0 8 5	235 240 231
RAL 1019	6500-N	0 2 5 65	109 109 107

Summer cafe with allowed colors of the roof, umbrellas, collapsible design

Quite often, in many residential buildings on the ground floor, some private institution opens: a shop, a cafe, a canteen, a bar or a disco. Not all residents of this house like this kind of neighborhood, and therefore they collect signatures, draw up petitions demanding that this institution be closed.

Sometimes these requirements are quite justified, because a bar or a disco implies an appropriate atmosphere when the noise and screams of visitors can seriously disturb the peace of the residents of a residential building. And on what, in general, grounds can such establishments be closed at the request of the residents of the house?

First of all, such an institution should not violate or worsen the living and recreation conditions of people in this house.

Therefore, if any of the residents detects a loud noise from the work of a cafe or bar, the establishment can be closed in a matter of days for violating sanitary noise levels.

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The word “cafe” evokes pleasant associations for the majority, with the exception of those people who are daily disturbed by this cafe if it is located on the ground floor apartment building. Often this is noise at the windows, music, noise and vibration from air conditioners, various smells, the appearance of cockroaches in the house, crowds of cars in the parking lot or even on sidewalks and lawns, deterioration of water and electricity supply.

The topic also applies to shops and other similar facilities for doing business. These factors affect not only the living conditions of people, but often the cost of an apartment if it is sold. Without a doubt, the location of catering facilities in residential buildings is associated with many restrictions, but not everyone adheres to them.

Sometimes it turns out to be more expensive to argue, business finds ways to “solve” its issues in a certain way, and everything calms down.

What to do if they want to open a public institution in a residential building?

It is difficult to fight the owners of such establishments, since they have money, connections and a corrupt bureaucracy on their side, but apartment owners cannot give up, they need to protect their rights by any accessible ways Besides, the law is on the side of the tenants.

So, for example, if in the process of locating a public institution a transfer from residential to non-residential premises is required, the owner of the institution must comply with the rules for such a transfer.

One of the most important conditions is obtaining the consent of all the owners of the apartment building. It should be noted that part 2 of article 23 Housing Code The Russian Federation establishes a list of documents required for the transfer of residential premises to non-residential.

This list does not contain an indication of the need to provide the local government with the consent of all owners of an apartment building when deciding on the transfer of residential premises to non-residential.

Is the pub on the ground floor disturbing the residents' sleep?

“The pub opened in June last year, and from that moment on, we - the inhabitants of the second floor - generally stopped sleeping peacefully. The establishment is open until 2 am.

Music plays loudly there, celebrations are held where the toastmaster shouts loudly into the microphone, hockey and football matches are broadcast, furniture is moved loudly,” said Tatyana Akhtareeva, a resident. This woman led a group of enterprising citizens who decided to fight for comfort in their apartments.

Residents said that in addition to constant music and noise, they have been plagued by a number of problems for several months now. According to them, an illumination hangs over the sign of the bar, which sparkles all night.

“It feels like a welding machine is working somewhere. And if earlier we had to plug our ears with earplugs, now we also have to wear dark glasses,” Tatyana Akhtareeva explained.

Cafe on the ground floor of a residential building how to close

The company VS Consult in its activities supports the practice of "Pro bono" (from lat.

Pro bono publico - for the public good) - is the provision of professional assistance to interested persons on a gratuitous basis. Among such cases was a dispute between the owners of apartments in residential building No. 2 on the street.

Litvinov in Irkutsk with the owner of the premises of the former Snezhinka cafe. Read more: Irkutsk. December 1, 2016 (IA "Teleinform"), - On December 12, the first hearing in the case of the facade of the former Irkutsk cafe "Snezhinka" will be held in the Kirovsky District Court of Irkutsk. The initiator of the trial was the residents of the house at 2, Litvinova Street, who intend to get the new owner of the premises, the owner of the Coffeeshop coffee shop, to return the building to its original appearance.

WantedPS

Citizens and individual entrepreneurs apply to Rospotrebnadzor in the Altai Republic for clarification on the procedure for opening catering facilities in the Altai Republic.

Due to the large number of requests, we explain.

To open catering facilities, trade in food and non-food products, obtaining permits, conclusions from Rospotrebnadzor is not required.

The beginning of the activities of catering facilities, food trade is of a notification nature in accordance with the requirements of Article 8 federal law dated December 26, 2008 No. 294-FZ "On the protection of the rights legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”.

A notice of the commencement of certain types of entrepreneurial activity is submitted by a legal entity, an individual entrepreneur to the authorized federal executive body after state registration and registration with the tax authority before the actual performance of work or provision of services, which are determined by Government Decree Russian Federation dated July 16, 2009 No. 584 “On the notification procedure for the commencement of certain types of entrepreneurial activity”.

Requirements for the placement, arrangement and maintenance of public catering facilities.

Public catering organizations can be located both in a separate building and in an attached, built-in-attached to residential and public buildings, in non-residential floors of residential buildings, in public buildings, as well as on the territory of industrial and other facilities for servicing working personnel, provided compliance with hygienic standards for noise, infrasound, vibration, electromagnetic fields. At the same time, the conditions of living, rest, treatment, and work of people should not worsen.

Organizations located in residential buildings should have entrances and emergency exits isolated from the residential part of the building. Reception of food raw materials and foodstuffs from the courtyard of a residential building, where windows and entrances to apartments are located, is not allowed. Loading should be carried out from the ends of residential buildings that do not have windows, from underground tunnels on the side of highways in the presence of special loading rooms.

Organizations do not place premises for housing, do not carry out work and services not related to the activities of public catering organizations, and do not keep pets and birds.

The territory of the organization must be landscaped and kept clean. It is forbidden to place any public catering establishments, including summer cafes, on the territory of the courtyards of residential buildings.

Space-planning and design solutions for premises should provide for a sequence (flow) of technological processes that exclude oncoming flows of raw materials, raw semi-finished products and finished products, used and clean utensils, as well as oncoming traffic of visitors and staff, while the set and area of ​​\u200b\u200bpremises must correspond to the capacity of organizations and ensure compliance with sanitary rules and regulations.

Organizations, regardless of ownership, capacity, location, are equipped with internal water supply and sewerage systems, while the water quality must meet the hygienic requirements for water quality of centralized drinking water supply systems and non-centralized water supply. In the absence of hot or cold water organization is suspended.

All stationary organizations are equipped with toilets and sinks for washing the hands of visitors. Combining toilets for staff and visitors is not allowed.

The exhaust ventilation system of organizations located in buildings for other purposes is equipped separately from the ventilation system of these buildings. Exhaust ventilation shafts protrude above the ridge of the roof or the surface of a flat roof to a height of at least 1 m, while the device and equipment for emissions of local exhaust ventilation systems should not affect the deterioration of the living conditions and stay of people in residential buildings, premises and buildings for other purposes.

Natural and artificial lighting in all rooms must comply with the requirements for natural and artificial lighting. This makes maximum use of natural light.

2. Normative documents and legal acts regulating the requirements for the placement, arrangement and maintenance of public catering organizations:

Law of the Russian Federation "On the sanitary and epidemiological well-being of the population" of March 30, 1999 No. 52-FZ";

Federal Law of the Russian Federation of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control";

SanPiN 2.3.6.1079-01 "Sanitary and epidemiological requirements for public catering organizations, production and turnover in them of food products and food raw materials";

“SP 54.13330.2011. Set of rules. Residential multi-apartment buildings. Updated version of SNiP 31-01-2003”;

SanPiN 2.1.2.2645-10 "Sanitary and epidemiological requirements for living conditions in residential buildings and premises";

TR TS 021/2011 "On food safety";

Decree of the Government of the Russian Federation of August 15, 1997 N 1036 "On approval of the Rules for the provision of public catering services" (with amendments and additions);

GOST R 50762-95 “Public catering. Classification of enterprises”;

GOST R 50764-95 “Catering services. General requirements".

SP 54.13330.2011 “Code of rules. Residential multi-apartment buildings. Updated version of SNiP 31-01-2003 "<1>, approved and put into effect on May 20, 2011 by Order of the Ministry of Regional Development of Russia dated December 24, 2010 N 778, as well as by SNiP 31-01-2003 themselves, a ban on the placement of night catering establishments in a residential building is established. Is this requirement mandatory?
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<1>SNiP 31-01-2003 "Residential multi-apartment buildings", adopted and put into effect on 01.10.2003 by Decree of the Gosstroy of Russia dated 06.23.2003 N 109.

Norms of the Rules

According to clause 4.10 of SP 54.13330.2011, built-in and built-in-attached public premises can be located on the basement, basement, first and second floors of a residential building (in large and largest cities - on the third floor). In SNiP 31-01-2003, the placement of these premises on the basement floor is not provided (see also clause 4.10).
The presented assumption does not apply to objects that have a harmful effect on humans, and other objects listed in the specified paragraphs. In the part affecting public catering enterprises, the documents contain such prohibitions.

What rules should be followed?

Buildings and structures of any purpose, as well as the processes of design (including surveys), construction, installation, adjustment, operation and disposal (demolition) associated with them, are subject to technical regulation in accordance with Federal Law No. on the safety of buildings and structures. The safety of the designated objects is ensured, among other things, by complying with the requirements of the standards and sets of rules included in those specified in Parts 1, 7 of Art. 6 of this Law lists. Part 1 says that the Government of the Russian Federation approves a list of national standards and sets of rules (parts of such standards and sets of rules), as a result of which, on a mandatory basis, compliance with the requirements of Federal Law N 384-FZ is ensured. In accordance with part 7, the national body of the Russian Federation for standardization (such is Rosstandart, until 06/22/2010 was called Rostekhregulirovaniye) is charged with approving a list of documents in the field of standardization, as a result of which (but already) on a voluntary basis, compliance with the requirements of Federal Law N 384 -FZ.
In part 2 of Art. 42 of Federal Law N 384-FZ, the following indication is given: building codes and the rules approved before the day of entry into force of the said Law are recognized as sets of rules. At the same time, the Ministry of Regional Development in the Letter of 08.15.2011 N 18529-08 / IP-OG explained that for the purposes of the transition period, the updated sets of rules do not cancel the previous sets of rules. Their replacement will be made by making appropriate changes to the above Lists. Thus, those sets of rules that are included in the list approved by the Government of the Russian Federation are subject to mandatory application.

SP 54.13330.2011 or SNiP 31-01-2003?

The list of obligatory national standards and codes of practice (their parts) was approved by the Decree of the Government of the Russian Federation of June 21, 2010 N 1047-r. It mentions SNiP 31-01-2003, which are subject to mandatory application in part, for example, in part of Sec.

4 " General provisions» only items 4.1, 4.4 - 4.9, 4.16, 4.17. As you can see, paragraph 4.10 was not included in the list. Consequently, the ban on the placement in residential buildings of enterprises operating after 11 p.m. is not a requirement that must be met unconditionally.
However, from 07/01/2015, clause 1 of Decree of the Government of the Russian Federation of 12/26/2014 N 1521 comes into force, which approved new List national standards and codes of practice (parts of such standards and codes of practice), as a result of which, on a mandatory basis, compliance with the requirements of Federal Law N 384-FZ is ensured. The above Order will cease to be valid from the date indicated.
The new List already includes SP 54.13330.2011, and in part of Sec. 4, clauses 4.3 - 4.7, par. 3 - 6 p. 4.8, p. p. 4.9 - 4.12. It turns out that from 07/01/2015 it is mandatory to apply clause 4.10 of SP 54.13330.2011. This means that buildings and structures put into operation or reconstructed after July 1, 2015 cannot accommodate enterprises with a mode of operation after 23:00, catering and leisure enterprises with more than 50 seats, with a total area of ​​more than 250 square meters. m, as well as enterprises operating with musical accompaniment.

No need to rush

The Ministry of Construction has prepared a draft decree of the Government of the Russian Federation (project ID: 00/03-23058/02-15/67-8-3), in which it is proposed to exclude from the new List approved by Decree of the Government of the Russian Federation N 1521 the requirement that paragraph 4.10 of the joint venture must be applied 54.13330.2011 in the part of the phrase "all enterprises, as well as shops with a mode of operation after 23:00". In other words, officials do not want to introduce an unconditional ban on the location of enterprises operating at night in residential buildings. For catering and leisure establishments with more than 50 places, with a total area of ​​​​more than 250 square meters. m, as well as enterprises with musical accompaniment, this is not expected. At the same time, it is worth paying attention to the fact that the summary of proposals based on the results of the public discussion of the project (which ended on May 14, 2015) contains a proposal to postpone the entry into force of the new List to July 1, 2017.

It is highly likely that the current ban on the placement of a cafe in a residential building, working after 23:00, most likely, will remain voluntary for execution.

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About a beer bar in a residential building

Question: They are going to open a beer bar in our high-rise residential building. Are there any prohibited rules in this regard? If residents are against it, will their opinion be taken into account, and where can one turn with a question about the ban?

The assistant to the prosecutor of the city of Kursk OI Razinkova answers: Beer bars, in accordance with the provisions of the current legislation, are catering organizations. The law does not provide for obtaining the consent of the owners of residential premises of apartment buildings to carry out entrepreneurial activities in organizing public catering.

Public catering organizations can be located both in a separate building, and in an attached, built-in attached to residential and public buildings, in non-residential floors of residential buildings, in public buildings, as well as on the territory of industrial and other facilities for servicing working personnel.

At the same time, the conditions of living, rest, treatment, and work of people should not worsen. This requirement is established by clause 2.2. Sanitary Rules “Sanitary and Epidemiological Requirements for Public Catering Organizations, Production and Handling of Food Products and Food Raw Materials. SanPiN 2.3.6.1079-01, approved by the Chief State Sanitary Doctor of the Russian Federation on November 6, 2001.

In case of violation of the sanitary and epidemiological legislation during the operation of a beer bar, citizens have the right to apply to the Office of Rospotrebnadzor for the Kursk Region with a statement in which they indicate specific facts of deterioration in living conditions or the right to a favorable environment and a threat of harm to health