In the new Housing Code of the Russian Federation, which came into force on March 1, 2005, a separate chapter is devoted to the rights and obligations of owners of residential premises, which was not the case in the previous Housing Code of the RSFSR. Let us note that the owner of a residential premises has much more rights compared to the tenant of a residential premises under a social tenancy agreement. He exercises the rights of ownership, use and disposal of residential premises owned by him. The tenant only exercises the right to use and own housing. Let's take a closer look at what the owner of an apartment or house can and should do.

Responsibilities

The owner bears the burden of maintaining the living space. What does this mean? The owner of the housing is obliged to maintain the residential premises in proper condition, to prevent mismanagement of them, to respect the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners in an apartment building. In addition, it is necessary to pay utility bills on time and bear other expenses for maintaining the living space.

In addition to utility bills, the owner is required to pay property taxes. Unlike the owner, the tenant of a residential premises does not pay such tax. Payers of property tax for individuals are the owners of property recognized as the object of taxation. Residential buildings, apartments, dachas, garages and other buildings and structures are recognized as objects of taxation. If the property is in the common shared ownership of several persons, then each of these persons is recognized as a taxpayer in proportion to its share. If the property is in common joint ownership, then the co-owners pay in equal shares. The tax rate ranges from 0.1 to 2.0% and depends on the value of the property. The inventory value of the residential premises is taken into account. So, with the cost of residential premises up to 300,000 thousand rubles. The tax rate is up to 0.1%, from 300,000 to 500,000 thousand rubles. from 0.1 to 0.3%, over 500,000 thousand rubles. from 0.3 to 2%. The tax is paid once a year. It should be noted that recently, more and more often from high stands, the opinion is expressed that when calculating the tax, the market value of the apartment, which is much higher than the inventory value, should be taken as a basis. Currently, such changes in legislation have not yet been adopted.

The main right of the owner, which other users do not have, is the right to dispose of their property at their own discretion. That is, the owner has the right to sell, donate, mortgage or otherwise dispose of the residential premises. The owner has the right to provide residential premises for temporary possession and use to other citizens on the basis of a rental agreement, a contract of gratuitous use or on other legal grounds. In addition, the legal owner of residential premises may provide it to a legal entity on the basis of a lease agreement or other legal basis. But at the same time, such residential premises can only be used for the residence of citizens, for example, an employee of this legal entity. We must not forget that if residential premises are rented out for a fee, it is necessary to pay income tax.

Rights and responsibilities of family members

In accordance with the Housing Code of the Russian Federation, family members of the owner include his spouse, children and parents of the owner living together with the owner. Other relatives, disabled dependents, and in exceptional cases other citizens may be recognized as family members of the owner if they are settled by the owner as family members. These persons only have the right to use the residential premises on an equal basis with the owner, unless otherwise provided by agreement between them.

The Housing Code of the RSFSR provided for a provision according to which the right to use the premises was retained by these persons even in the event of termination of family relations with the owner of the apartment. This rule is no longer included in the new Housing Code of the Russian Federation. Thus, in the event of termination of family relations with the owner of a residential premises, the right to use this residential premises for a former member of the owner’s family is not retained, unless otherwise established by an agreement between the owner and the former member of his family.

True, there is one “but”. The Housing Code of the Russian Federation provides for a rule that is aimed at protecting the rights of former family members. Art. 31 of the RF Housing Code states that if a former family member does not have another residential premises where he could live, and also if the former family member’s property status and other noteworthy circumstances do not allow him to provide himself with other residential premises, the right to use the premises may be retained for a former family member for a certain period of time based on a court decision. In this case, the court has the right to oblige the owner of the residential premises to provide other residential premises for the ex-spouse and other members of his family, in whose favor the owner fulfills alimony obligations, at their request. Upon expiration of the term of use determined by the court, the right of use is terminated. It is possible to evict a citizen who has been granted the right to use residential premises before the expiration of the term. This can only be done if a citizen uses this residential premises for other purposes, systematically violates the rights and legitimate interests of neighbors, or mismanages the residential premises, allowing them to be destroyed. The owner of the residential premises has the right to warn this citizen about the need to eliminate violations. If these violations entail the destruction of the residential premises, the owner of the residential premises also has the right to assign this citizen a reasonable period of time for carrying out repairs. If this citizen, after warning the owner, again commits violations or, without good reason, does not carry out the necessary repairs, this citizen, at the request of the owner of the residential premises, is subject to eviction in court.

In addition, if previously, when transferring ownership of a residential building or apartment to another person, members of the owner’s family retained the right to use this residential premises, now the transfer of ownership to another person is grounds for termination of the right of use. This is especially important for those who are planning to sell an apartment. Since previously it was impossible to oblige a person to check out of a residential premises, and few people agreed to purchase an apartment with citizens registered in it. Now everything has become simpler.

In addition to members of the owner's family, other citizens may also live in the residential premises. These are those to whom the right of use is granted by virtue of a testamentary refusal, as well as citizens on the basis of a lifelong maintenance agreement with dependents. The right of use by virtue of a testamentary refusal means that the testator has imposed on the heir to whom a residential house, apartment or other residential premises is transferred the obligation to provide another person with the right to use this property for the period of his life or for another period. A capable citizen living under a will bears joint and several liability with the owner of the residential premises for the obligations arising from the use of such residential premises, unless otherwise provided by an agreement between them. A citizen has the right to demand state registration of the right to use residential premises arising from a testamentary refusal. Under a lifelong maintenance agreement with a dependent, the annuity recipient, a citizen, transfers a residential building, apartment, land plot or other real estate belonging to him into the ownership of the rent payer, who undertakes to provide lifelong maintenance with the citizen's dependency.

The owner bears the burden of maintaining the property he owns, unless otherwise provided by law or contract.

Commentary to Art. 210 Civil Code of the Russian Federation

1. The burden of maintaining property placed on the owner should be understood as the owner’s obligation to maintain the property in a serviceable, safe and suitable condition for use in accordance with the purpose of the property. The degree of care and diligence of the owner in fulfilling this responsibility, and in some cases, specific measures to take care of property, can be provided for in technical standards and regulations, rules for the operation of certain types of property, and rules for conducting certain types of activities. In the absence of regulatory regulation of this kind, in the event of a dispute about whether the owner has fulfilled his obligation to bear the burden of maintaining the property properly, this issue must be resolved in relation to a specific case, taking into account the characteristics of both the property itself and the methods of introducing it into economic circulation.

In accordance with paragraphs 3 and 4 of Art. 30 of the Housing Code of the Russian Federation, the owner of a residential premises bears the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of premises in the corresponding apartment building, and the owner of a room in a communal apartment also bears the burden of maintaining the common property of the owners of rooms in such an apartment, unless otherwise provided federal law or treaty. The owner is obliged to maintain this premises in proper condition, preventing mismanagement of it, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building.

2. The obligation of the owner to bear the burden of maintaining property should be understood in two ways. Firstly, its enshrinement in the commented article 210 of the Civil Code of the Russian Federation does not allow the owner to demand its fulfillment by anyone, unless such an obligation of other persons is provided for by law or contract. Examples of distribution of the burden of maintaining property that differs from that established by the article under comment are, in particular, the rules of Art. , and on the obligations of the parties to the lease agreement for the maintenance of the leased property, Art. , and Art. 67 of the Housing Code of the Russian Federation on the obligations of the tenant of residential premises, etc.

Secondly, the commented article acts in the interests of an abstract unlimited circle of persons or (in some cases) in the state or public interests, since it obliges the owner to maintain the property in proper condition in cases where this is necessary to prevent harm to life and health, property surrounding the owner persons, public infrastructure and public safety. Even things that are not endowed with technical complexity and special properties, if they are used carelessly, irresponsibly, or lack of necessary care for them, can be a hindrance in the economic activities of other persons, causing harmful consequences. This possibility increases many times over when things are used irresponsibly, carelessly, unskilledly, the operation of which, due to their technical properties, requires special diligence (for example, sources of increased danger), or when a thing with potentially harmful properties is left in an ownerless state, the safety of which for others must always be supported by the owner or a person to whom the owner has delegated such responsibility. The legislator encourages the proper bearing by owners of the burden of maintaining their property in such particularly significant situations by a number of measures. These include, in particular, the establishment of increased grounds for civil liability for harm caused by activities. In addition, the law establishes cases when the owner must fulfill his duties to maintain the property under the threat of losing the ownership right itself. An example of such sanctions is. Despite the fact that, as a general rule, the legal order is indifferent to how and how actively the owner uses the property in economic circulation (in particular), in these cases, proper care of the most important objects of rights for circulation acts as a condition for maintaining title.

Finally, caused in connection with his renunciation of the right of ownership and, accordingly, termination of care of this property before the acquisition of the right to it by another person or his death. This means that any things that can cause harm to others must be maintained by the owner in a state that prevents harmful consequences, even if he refuses the intention to exercise the powers of the owner, not to mention the much more common cases of interest of business entities in their implementation.

When you bought an apartment, you became the owner and automatically received obvious rights: to own, use and dispose of your home as you wish. An apartment can be donated, rented, bequeathed or sold.

Ekaterina Miroshkina

figured out the rights

But owners also have rights that they are often unaware of. But cunning tenants, the tax office, neighbors, ex-spouses, management company and bailiffs take advantage of this. Here are the most interesting property rights that may surprise you. They all work - use them so as not to lose your home, money and comfort.

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The right to live in an apartment and use it for work

How it works. An apartment is a living space. But in addition to living, a personal apartment can be used for professional activities. This does not mean that you can set up production, a store or an office in the apartment: this requires the status of non-residential premises.

There are direct prohibitions: it is strictly forbidden to use the apartment. For example, they will not be allowed to start producing shoes or conduct religious services. From October 1, it was prohibited to place hostels in residential premises, although previously it was possible.

Here are the conditions when an ordinary apartment can be used for business and part-time work:

1. The apartment is used legally. For the owner, this is registration of rights.
2. The work does not disturb other residents and neighbors. There is no queue of customers outside the apartment, no trucks with goods are unloaded in the yard, and no one makes noise at night.
3. Sanitary, fire and environmental requirements are observed. The apartment has not been refurbished in such a way that there is a threat of collapse, there are no unpleasant odors, the equipment does not operate with strong vibration and there is no prohibitive load on the general electrical network.

An individual and even an individual entrepreneur can use an apartment for work. For example, a lawyer, writer, photographer, programmer, broker, accountant or tutor. If one of your neighbors doesn’t like the fact that once a day a child comes to your place for math classes or sometimes clients drive up to hand over documents, that’s the neighbors’ problem. You are not breaking anything.

But if you use the apartment as a non-residential premises - for example, equip an office there, install farms for mining cryptocurrency, rent it out as a clothing warehouse, or set up a bakery with five ovens, but without an extractor hood - there may be problems.

See also:

The right to move family members into the apartment

How it works. The owner of the apartment can live in it himself and move in whoever he wants. The law says that family members can be moved in. But the trick is that to be recognized as a family member, it is not necessary to have a blood relationship, register a marriage or have a common budget. A family member can be a second cousin, a daughter-in-law, a common-law husband and a child from his wife’s first marriage. These people can temporarily live in an apartment even without registration, and none of the neighbors will object that they do not like a loudly crying baby, a moralistic grandmother or a girl in too provocative clothes.

If the owner wants to register his common-law spouse or distant relative, he cannot be refused. There is no reason to require confirmation of relationship.

Family members whom the owner has moved into his apartment have the right to use it on an equal basis with the owner. But they cannot move in other people without the owner’s permission - only minor children. Any family member can become an ex - then he will not have the right to use the apartment.

See also:

The right to evict strangers and not to be evicted ourselves

How it works. The owner can evict a person from his apartment with whom he no longer has a family relationship. For example, a wife can evict her ex-husband if the family lived in her premarital apartment. Or if this apartment belonged only to her according to the marriage contract. After a divorce, the husband becomes a former member of the family - he can be evicted.

To evict other family members, you need to prove that there is no family relationship with them: a common household, budget, help and support. But there is conflict and loss of trust. This way you can evict a common-law wife and her adult child, whom the owner had previously moved in as family members, even without registering the marriage. And the grandmother can evict her grandson, who left a long time ago, does not live with her and does not help, although he is a relative by blood.

The situation is more complicated with children. After a divorce, a wife becomes a former member of the family, but a child cannot become a former member. Therefore, even if the court allows the ex-wife to be evicted, the minor child will retain the right to use his father’s apartment. But when the child becomes fully capable, he too can be evicted. But this is a topic for a separate article.

The only way to evict an owner from an apartment is through the courts. For example, if he uses the apartment as a warehouse for chemicals, has forty dogs, or demolishes all the walls, the owner can be evicted, the apartment sold at auction and part of the money given to him. But first, the owner will still be asked to fix everything or simply fined. For an eviction case to actually end in eviction, you need to call the police dozens of times, draw up many reports, constantly write complaints, collect evidence and go to court. There are examples in judicial practice: neighbors evicted loud music lovers and hooligans.

If one of your neighbors just doesn’t like you, you have noisy children or you, no one will evict you.

See also:

The right not to give up an apartment even for debts, if this is the only place to live

How it works. If someone owes money to a friend, business partner, bank or alimony, the debts can be collected from the property. For example, you can write off money under a court order from a bank account, take a writ of execution to work, or seize a car and put it up for sale. You can even take the apartment to pay off the debt.

But this cannot be done with a single dwelling. If the debtor has nothing else besides this apartment, it will not be taken away, and he will not be evicted for debts. Even if it is an apartment of 100 m² in the center of Moscow and the debtor could have bought a simpler property.

Two years ago they discussed a bill - for example, when a man lives in a luxurious cottage and does not pay alimony. But for now everything has died down. The only housing can be taken away only if it is mortgaged - that is, pledged to the bank. Then it will be put up for sale for debts, and the owner will be evicted, even with small children.

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The right to register anyone in the apartment

How it works. If you have an apartment, you can register any person there. For example, as a family member, even if he is not related. Registration can be temporary or permanent. The temporary one can be terminated and the person can be evicted.

Registration does not give ownership of the premises. The person who is registered cannot sell or donate your apartment. And he will also not be able to renew his registration at will. But he will be able to move in his minor children without permission and indicate this address to the bank when applying for a loan.

If there are other owners in the apartment, their consent must be obtained to register adults. But if you are the only owner, register whoever you want, that’s your right.

See also:

• Risks when registering strangers

The right to transfer the apartment to non-residential premises

How it works. If you are not going to live in an apartment, but want to use it as an office, store or hostel, you need to officially change the status of the premises to non-residential. This is the right of the owner, but it can be realized only if the requirements are met - desire alone is not enough.

Here are the basic conditions for transferring an apartment to non-residential stock:

1. It is located on the first floor - or higher, but underneath there are non-residential premises.
2. There is a separate entrance or it can be equipped.
3. The neighbors are not against the reconstruction and extensions, and their rights have not been violated.

If everything matches, you can collect documents and change the purpose of the room. The decision must be made within 45 days. But they may refuse: the housing code has a list of reasons. Local authorities do not have the right to come up with their own arguments.

If something happens to the house, apartment owners may be entitled to compensation, but owners of non-residential premises will not. Even if these premises were once apartments. For example, if a house is damaged due to flooding, and federal and local authorities decide to compensate residents for lost property and allocate apartments, the owners of non-residential premises may be left with nothing. Typically, such real estate is not included in the decrees, and the owner bears all risks. Only property insurance will protect you.

See also:

The right to register an LLC in the apartment

How it works. You can register a company in an ordinary residential apartment. It is not necessary to convert the premises into non-residential ones. You can live in the apartment with your family and children, and Romashka LLC will be listed at the same address in the state register.

This can be done if the founder of the company or its director is registered in the apartment. The owner can be either they or someone else who has nothing to do with the business, such as a mother-in-law. Then her consent is required, and registration at this address is enough for the director. If the owner of the apartment is the director himself, then there are no obstacles to registering a company at the place of residence. Then the home address of the director’s family will coincide with the legal address of the LLC.

Sometimes the tax office says that it will refuse registration at the place of residence. Allegedly, the apartment cannot be used as non-residential premises, and in general this is a reason to liquidate the company due to false information. This is all nonsense. There are no prohibitions in the law on registering an LLC, it is official, and the owner does not violate the law. And the use of residential premises does not concern the tax authorities at all: this is the housing code, nothing is written there about the legal address.

The disadvantage of this option is that mail from the tax office will arrive at the apartment. It cannot be ignored, because then there will be a clue,

If you have an online store, online courses, or just need an LLC, but don’t want to spend money on renting an office and registering a legal address, register your company at home.

See also:

Download pictures with instructions

The right not to allow strangers into the apartment and to use self-defense

How it works. All Russians have the right to the inviolability of their home. No one can just enter your apartment without a court order, even if they are tax officials and the police.

Moreover, an ex-husband, a drunk neighbor, the chairman of a homeowners association, or just a curious person cannot enter there. If someone tries to enter the apartment without permission, you can use self-defense - for example, unleash the dog or use a gas spray. But only if there really is a threat and necessity. Self-defense is not far from self-government.

If police officers, bailiffs or a tax inspector want to enter an apartment, they must have a court decision and the consent of the owner. There are exceptions for the police - when it is necessary to save a life, prevent a crime or apprehend suspects. But there can be no inspections and checks without a clear reason, the initiation of a criminal case and a court decision.

When the tax office thinks that there is a reason for an inspection at home, the inspector will enter there only with the consent of all residents. The decision on an on-site inspection does not give the right to enter the apartment without permission. Let them then come with a court decision, but first they will receive it, but also at lunchtime, when the children can sleep. and invasion of privacy. This cannot be done without consent.

If the camera is installed in the courtyard or on the facade of the house, the residents’ consent to the processing of personal data is not required, since this is a common space and not their personal apartment. But a decision of the general meeting will be required.

It's more difficult with air conditioners. On the one hand, this is reorganization, and sometimes even reconstruction. And the wall with the facade is common property that cannot be used without the consent of the neighbors. On the other hand, this wall also belongs to a specific owner: he has a share in the common property. Therefore, by installing an air conditioner above his window, he does not violate anything, does not deprive anyone of the right to use it, does not take anyone’s property and does not infringe on the rights of others.

A ban on installing an air conditioner may be issued in the following cases:

1. it makes loud noise and the vibration annoys the neighbors;
2. water is dripping onto the balcony from below;
3. the air conditioner blocked the view from the neighboring apartment;
4. during installation, a crack appeared on the wall;
5. protruding wires spark and threaten fire safety.

That is, the air conditioner must be installed so that it does not disturb anyone. To be on the safe side, find out what rules for installing equipment on facades exist in a particular house: this could have been decided at some point at a general meeting. The rules that are established for all residents will have to be followed, even if you were not at that meeting or you spoke out against it.

2. Duties and responsibilities of the owner of the residential premises

2.1. According to Part 4 of Art. 30 of the Housing Code, the owner of a residential premises is obliged to maintain this premises in proper condition, preventing mismanagement of it, and to respect the rights and legitimate interests of neighbors.
It should be noted that the requirement to respect the rights and legitimate interests of other persons is indicated in Art. 209 of the Civil Code, which determined the content of property rights. According to this article, the owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons. According to Art. 1 of the Housing Code (Part 2), citizens, when exercising housing rights and fulfilling the responsibilities arising from housing relations, must not violate the rights, freedoms and legitimate interests of other citizens.
As a duty of the homeowner, the Housing Code specifies compliance with the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building (Part 4, Article 30).
Decree of the Government of the Russian Federation dated August 13, 2006 No. 491 approved the Rules for the maintenance of common property in an apartment building. This resolution also approved the Rules for changing the amount of fees for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration.
Rules for the use of residential premises were approved by the Government of the Russian Federation on January 21, 2006. Section IV of the Rules for the Use of Residential Premises is devoted to the use of residential premises in an apartment building by the owner of the residential premises and members of his family living with him.
According to clause 19 of the Rules, as a user of residential premises, the owner of this premises is obliged to: use the housing for its intended purpose within the limits established by the Housing Code; ensure the safety of the living premises, maintain the proper condition of the premises; bear the costs of maintaining residential premises owned by him, as well as participate in the costs of maintaining common property in an apartment building; timely pay fees for the maintenance and repair of residential premises, which includes fees for services and work on managing an apartment building, maintenance, current and major repairs of common property in an apartment building, and fees for utilities.
The list of responsibilities contained in clause 19 is not closed. It ends with a note that the owner bears other obligations provided for by law. So, according to Art. 17 of the Housing Code (the provisions of which are applicable to any user of residential premises, which is the owner of the property), the use of residential premises is also carried out in compliance with fire safety, sanitary and hygienic, and environmental requirements (clause 6 of the Rules).
Issues of using residential premises for their intended purpose, respecting the rights and interests of other persons (clause 6, subparagraphs “a” - “c” of clause 19 of the Rules) are mentioned above. As for the owner’s obligation to bear the costs of maintaining the residential premises he owns, as well as to participate in the costs of maintaining common property in an apartment building (sub-clause “d” of clause 19 of the Rules), they are provided for in Art. 30 (part 3) and 39 (part 1) LCD. These provisions are based on the rules of Art. 210 of the Civil Code, according to which the owner bears the burden of maintaining the property he owns, unless otherwise provided by law or contract.
The share of mandatory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of each premises in such a house, is determined by his share in the right of common ownership of the common property.
Participation in expenses is carried out by paying a fee for the maintenance and repair of residential premises (Part 2, Article 39 of the Housing Code; Part 1, Article 158 of the Housing Code; subparagraph “d”, paragraph 19 of the Rules). The share in the right of common ownership is proportional to the size of the total area of ​​​​the premises belonging to the owner in this house (Part 1 of Article 37 of the Housing Code).
2.2. According to Art. 293 of the Civil Code, if the owner of a residential premises mismanages the housing, allowing it to be destroyed, and systematically violates the rights and interests of neighbors, forced repossession of the housing may follow in the prescribed manner.
Thus, in case of non-compliance by the owner of the residential premises with these obligations, one should refer to Art. 293 of the Civil Code, as in the case of using residential premises for other purposes.
Responsibility for late payment of fees for the maintenance and repair of residential premises (payment of penalties) is provided for in Part 14 of Art. 155 LCD.
The responsibility of the owner of a room in a communal apartment, who bears the burden of maintaining the common property of the owners of rooms in such an apartment (unless otherwise provided by federal law or agreement), is similar.
In connection with the obligation to participate in the costs of maintaining common property, I would like to point out the possibility of the following type of liability.
According to Art. 293 of the Civil Code, violation by the owner of a residential premises of the rights and interests of neighbors may lead to the forced seizure of this premises - the sale of this residential premises at public auction (in the manner established by this article of the Civil Code).
Failure by the owner to pay for the maintenance of the common property of the house (common property of the apartment - Article 41-43 of the Housing Code) violates the rights and interests of neighbors who in good faith participate in the costs of maintaining this property, as well as those forced to pay a share in such costs of the owner of the residential premises who evades his responsibilities. Thus, it seems possible to talk about the application in this case of the rules of Art. 293 Civil Code. This judgment seems quite justified.
If the violation committed by the owner of the residential premises is in the nature of a crime, criminal liability may arise (see, in particular, Articles 167, 168 of the Criminal Code).
Article 7.21 of the Code of Administrative Offenses (“Violation of the rules for the use of residential premises”) is addressed to citizens who are users of residential premises; therefore, it is subject to application in the event of a violation by the owner of the rules for the use of residential premises.