The rights that a homeowner receives are quite extensive.

But at the same time they cannot be called limitless. The owner of an apartment, house or share in them can use his property within the limits established by law. At the same time, he bears the responsibilities that arise along with his rights.

The scope of powers that the owner of the property receives depends on the type of residential premises he owns, as well as the presence or absence of co-owners, if we are talking about the share of an apartment or house.

Owners of housing in apartment buildings also receive rights to use common property, but must financially participate in its maintenance

It is also necessary to take into account the fact that even if a person owns housing alone, members of his family also have rights that must be respected. Let's consider all these questions in more detail.

What is meant by residential premises?

In accordance with Art. 15 of the Housing Code of the Russian Federation (it regulates issues of housing law), isolated premises are considered residential, suitable for permanent residence of people and at the same time being real estate. Such premises include individual residential buildings and apartments in multi-apartment buildings, as well as their parts.

Note!

When it comes to a house or apartment, this concept includes not only rooms intended directly for living, but also a kitchen, bathroom, corridors, storage rooms, hallways and other auxiliary rooms. That is, we are talking about the object as a whole, and not just about its part.

If the object of housing law is part of an apartment or house, the issue of structural independence (isolation) becomes important. For example, a “1/2 share of an apartment” that is not allocated in kind is not considered an independent living space. It can only be recognized as rooms (one or several); in a residential building, it can also be a part of the house that has a separate entrance. This issue is of fundamental importance in cases where we are talking about shared ownership, the procedure for using it and the rights of its owners.

Basic rights of the owner

Unlike those who received housing under a social tenancy agreement and can only use it for living, the owner, in accordance with the Civil Code of the Russian Federation and the Housing Code of the Russian Federation, has the rights to own, use and dispose of the premises within the limits of its purpose. That is, he can:

• live in it with members of your family;
• temporarily or permanently register people who are not family members and grant them the right of residence;
• provide your housing for the use of other people or legal entities - both for a fee and free of charge;
• bequeath to someone at your discretion;
• transfer to trust management;
• pledge;
• give, sell or exchange;
• use in any other way that does not contradict the law and does not violate the rights of other citizens.

If an apartment or house is purchased with a mortgage and is pledged to the bank, this somewhat limits the freedom of the owner. In this case, he and his family members have the right of permanent residence. Without the bank's consent, registration can be issued only for the owner of the property and his immediate relatives - husband or wife, children, parents. Documents confirming relationship may be required for registration.

If the property has several owners

Problems with the rights of residential property owners in most cases arise in situations where there are several owners. The rights and their boundaries in this case depend on whether the residential premises are in joint or shared ownership.

Common joint ownership of real estate is usually registered in the name of spouses. They have equal rights to an apartment or house. Moreover, all decisions are made by them jointly - for sale, registration of deed of gift, rental and other actions, the consent of each of them will be required. If a husband and wife decide to re-register their home as shared ownership or divide the property, “by default” the real estate in such cases is divided equally.

Real estate acquired by one of the spouses during marriage is also considered common and joint, even if the title documents are issued in the name of only one of them. The exception is housing for which a marriage contract has been drawn up.

With shared ownership, each owner has the unconditional right to live in the premises (regardless of the size of the share) and the obligation to bear the costs of its maintenance

If the share is a living space, that is, allocated in kind (for example, a room in an apartment), the owner has the right to use it at his own discretion. He can register any other people in it without the consent of neighbors, rent it out, give it as a gift, and so on. The only restriction is that when selling a room, the owners of other shares will have the right of first refusal.

Owners of unallocated shares have the most limited rights - they can live in an apartment or house, bequeath, donate or pledge their share. However, in order to rent it out, you will need the permission of the co-owner - just like for moving in and registering any other persons. The only exception is minor children; permission is not required to register them with their parents.

Note!

When selling a share, the remaining owners will also have the right of first refusal.

Most legal cases related to the rights of the owner and determining the procedure for using housing relate specifically to cases with the acquisition or inheritance of a share that does not have physical expression.

Responsibilities of the owner and the limits of his rights

The rights of the owner of a residential premises are inseparable from his responsibilities specified in Art. 30 Housing Code of the Russian Federation. The owner is obliged:

• bear the costs of maintaining housing (regardless of whether he lives at this address or not);
• maintain the premises in proper sanitary and technical condition, suitable for habitation;
• respect the rights of neighbors and not infringe on their legitimate interests,
• use the housing stock for its intended purpose;
• owners of apartments and rooms in apartment buildings must also participate in the maintenance of common property and comply with the rules for its use (this issue will be discussed in detail below), and owners of individual houses must necessarily enter into contracts for the removal of solid municipal waste.

The issue of permissible boundaries for the use of residential premises in Russian legislation has not been fully worked out, and in many cases is debatable. On the one hand, the Housing Code of the Russian Federation allows their use for professional or individual entrepreneurial activities - provided that this does not violate the rights of other citizens and does not contradict the requirements for the maintenance of residential premises.

That is, creative and scientific workers, programmers, tutors, home-based seamstresses and many other professionals have the official right to use their housing for work. Provided that this does not disturb the neighbors and does not contradict the general rules for maintaining housing stock. The rights of certain categories of persons to work on square meters intended for living are enshrined in law. For example, lawyer's offices may be located in residential premises owned by a lawyer or members of his family.

However, this does not mean that the owner can use the square meters he has for any purpose. Resolution of the Plenum of the Supreme Court of Russia dated July 2, 2009 No. 14 explains that the actual transformation of residential premises into non-residential premises is unacceptable. In a house or apartment you cannot:

• arrange offices of institutions and organizations;
• host branches of political parties or houses of worship;
• equip warehouses, workshops and chemical laboratories,
• organize industrial production;
• engage in keeping and breeding farm animals.

In accordance with Art. 288 of the Civil Code of the Russian Federation, such activity is possible only after the transfer of the housing stock to non-residential. Moreover, this norm applies not only to apartments, but also to individual houses. Their “inappropriate” use is also considered a violation of the law.

An owner who uses the housing stock for other purposes may be fined, and repeated violations may result in forced repossession of housing.

The boundary between permissible and prohibited use is difficult to formalize and in legal practice is usually considered individually.

Thus, the owner of the property has the right to use and dispose of his property at his own discretion. However, provided that this does not create inconvenience to others and does not violate the rights of other owners. At the same time, the main function of the premises should remain the residence of people. The possibilities of working in an apartment or individual house are significantly limited.

Rights of the owner of residential premises in an apartment building

Most questions related to the boundaries of the rights of homeowners arise when it comes to apartments in apartment buildings or parts thereof. Let's take a closer look at them.

Common property

The specificity of an apartment building lies primarily in the presence of common property. It belongs to all homeowners in shares proportional to the area of ​​their residential premises.

Common property includes:

• load-bearing structures of the building;
• all common areas (staircases, landings, halls, utility and technical rooms),
• basements, attics and roofs;
• all engineering and sanitary systems (electricity, heating, ventilation, water and gas supply, elevator facilities, and so on);
• in some cases - a plot of land, including the local area and everything that is located on it (for example, children's and sports complexes, fences, landscaping facilities);
• an account in which funds are accumulated for major home repairs.

Note!

Owners can use common property (excluding funds from the account for major repairs). At the same time, they are obliged to treat it with care, maintain cleanliness and order in the common areas and participate in the maintenance of the house in an amount proportional to their share in the common property.

It does not matter whether this property is actually used. People living on the first floor, by law, must pay for the maintenance of the elevator on an equal basis with those who live on the last.

The right to common property is not formalized separately - it is “attached” to the ownership of an apartment or a share in it. When a purchase and sale or donation agreement is executed, it automatically passes to the new owner. At the same time, apartment owners cannot independently dispose of their share in the common property or allocate it in kind - even in cases where it is directly adjacent to the apartment.

Spontaneous redevelopment of corridors and halls, fencing off vestibules, cluttering common spaces with personal belongings, storing garbage outside the apartment - all this is illegal. These actions violate the rights of owners of other apartments, and in some cases also violate fire safety rules.

Intra-apartment redevelopments that affect the load-bearing structures of the house or affect its architectural integrity are prohibited.

Any actions with common property (redevelopment, renting out basement or attic space, equipping storage areas, and so on) are possible only by decision of the general meeting of owners. In essence, the owner’s right to dispose of the common property of the house is expressed in the right to vote at the general meeting.

The situation with common property is similar for property owners in communal apartments, where the living space is a room, and the common space is corridors, kitchens, bathrooms, storage rooms, and so on. In this case, the owners of the rooms pay for the maintenance of common property, can use it and do not have the right to infringe on the rights of their neighbors. They are required to coordinate with other residents all planned changes.

Fundamental requirements for apartment maintenance

The second feature of living in an apartment building is that much more attention is paid to the owner’s responsibilities to maintain his apartment in proper condition and respect the rights of other residents.

The “proper condition” of the apartment in this case means its technical and sanitary condition. The boundaries of what is permissible are determined primarily by the influence of the owner’s lifestyle on the neighbors. Of course, no one has the right to oblige the apartment owner to do wet cleaning weekly, fix a leaking tank, or take permission from neighbors to have a cat or dog. However, the owner may be held liable in some cases, for example:

• the apartment is in an unsanitary condition and has become a breeding ground for mice or cockroaches;
• damage to electrical wiring or gas equipment creates a fire hazard;
• leaking pipes have caused flooding of neighbors below and worsen the condition of both your own and someone else’s apartment;
• careless keeping of pets has led to the appearance of a persistent unpleasant odor in the stairwell;
• ill-conceived or uncoordinated repair work led to deterioration of the condition of neighboring apartments or damage to the load-bearing structures of the house;
• flammable or explosive substances are stored in the apartment;
• the law on silence is violated.

Note!

Ignoring responsibilities for maintaining an apartment, littering common areas or barbaric use of home property is considered mismanagement of the housing stock. Therefore, apartment owners who create problems for neighbors may be issued a warning and an order to eliminate the violations.

If the owner of the square meters does not take any steps to correct the situation, in accordance with Art. 293 of the Civil Code of the Russian Federation, he may lose his apartment or room. The court decides on this. In this case, the property is put up for auction. The former owner receives the proceeds from its sale minus all expenses for the execution of the court decision.

To summarize, we can say that ownership of real estate in an apartment building entails the right to use common property and the responsibility for its maintenance.

The behavior and lifestyle of property owners should not contradict sanitary standards, violate the interests of neighbors and pose a threat to their property

Rights of family members of the owner to residential premises

The rights, as well as the associated responsibilities of the owner’s family members, are determined by Art. 31 LC RF and Art. 292 of the Civil Code of the Russian Federation. Family members by law include those living together with the owner of the property:

• wife or husband;
• children;
• parents.

In addition, other relatives and disabled dependents may also be recognized as such. In special cases, these include people who are not related to the owner by kinship, but who live in an apartment or house as family members.

There are no formulations in Russian laws that make it possible to clearly delineate the boundaries of family members, which often gives rise to litigation and conflicts. In doubtful cases, the key factor is usually the confirmed fact of living together and running a common household.

Rights and responsibilities of family members

Members of the owner's family have an unconditional right, enshrined in law, to use the residential premises on an equal basis with its owner. The only exceptions are cases when a special agreement has been concluded between them on the procedure for using the apartment. At the same time, they are obliged to comply with generally accepted rules for using the premises. Capable adult family members also bear equal obligations with the owner for the maintenance of housing (in particular, for paying utility bills, repair costs, and so on). In case of mismanagement of housing, the owner, in accordance with Art. 35 of the Housing Code of the Russian Federation, can demand the eviction of a relative through the court.

Note!

If the ownership of the housing has passed to another person, the family members of the former owner, like himself, lose the right to live in this living space. They must vacate the premises and deregister.

What rights do former family members have?

The most difficult issues arise with the rights of former family members of the owner of an apartment or house. According to the general legislative norm, after the termination of family relations (which most often means divorce), former relatives lose the right to use housing. The owner has the right to evict them through court proceedings.

However, the owner's requirements are not always met. In judicial practice, there are quite often cases when the court reserves the right of former family members to live in an apartment or house for a certain period or obliges the owner to provide them with another living space. As a rule, this happens if citizens do not have their own housing and the financial ability to purchase it, and there is also no opportunity to move in with close relatives as family members. This is especially relevant in cases where minor children are involved. In the event of a divorce and child support obligations arise, a child living with the other parent also acquires the status of a former family member. It is legally impossible to evict a child “to nowhere.”

The period during which former family members can live in an apartment or house can be extended upon re-applying to the court or terminated early if life circumstances have changed and there are no longer any obstacles to living in another place.

If the former spouses are not able to independently come to an agreement on the “housing issue,” the optimal solution would be to seek help from a lawyer who can take into account all the circumstances of a particular case.

You can ask our lawyers any questions you are interested in. Online consultations are available through the form on the website and by phone. A lawyer will explain your rights to you, tell you about your responsibilities, and help you draw up complaints and claims, as well as statements of claim to the court.

Being the owner of an apartment in an apartment building, you have to accept the conditions of cohabitation.

And it’s not just about personal convenience and anxiety from noisy neighbors. Each such owner has the right to use his housing and common property in the apartment building. However, he also has certain responsibilities.

We will talk further about what the responsibilities of the owner of a residential premises in an apartment building are.

Responsibilities of the owner of residential premises in an apartment building - what does the law say?

Legislation on owners of premises in an apartment building

General rules on property rights are contained in the Civil Code of the Russian Federation. Each owner is allowed to use and dispose of their housing as they please.

However, at the same time, he should not forget about the interests of other persons, in particular, neighbors.

In addition, you need to maintain your own property and make the necessary expenses for this. The rights to residential properties are discussed in more detail in the Housing Code of the Russian Federation.

Article 30 of the said code lists the rights and obligations of all owners of such property. According to their meaning, the disposal of one’s own housing should not negatively affect neighbors, the apartment itself, or the general property of the house.

Provisions similar in meaning are contained in the “Rules for the use of residential premises” (approved by Decree of the Government of the Russian Federation of January 21, 2006 No. 25).

All residents of high-rise buildings should not allow the destruction of their apartments, property of the house, disturb the peace of neighbors, or commit other actions that are contrary to accepted laws.

Owner of housing in an apartment building

Premises in apartment buildings can be used by residents with various rights. You can live in a multi-storey building under a social lease agreement or as a homeowner.

In order to be recognized as such, you must have officially properly registered rights to the apartment. Since we are talking about real estate, the corresponding entry must be contained in Rosreestr documents.

Undoubtedly, owners are given a large amount of power over their property. However, their rights are not unlimited and are accompanied by a number of obligations. Failure to comply with them may even result in eviction from the occupied premises.

The owner's family (spouse, parents, children) has the right to live in his apartment. They are also obliged to use housing for its intended purpose and comply with all stipulated living standards.

Rights of homeowners in apartment buildings

What are the rights of apartment building residents?

What are the rights of homeowners in an apartment building? The most important advantage of owning your own home is the ability to freely use it, as well as own it and, of course, dispose of it.

Owners can live in their own apartment, place their family and other people in it on the basis of contracts. They also own a share in the general wealth of the MKD and can use it.

In addition, they have the right to participate in decision-making at the MKD.

And like all residents of the house who pay for housing and communal services, they have the right to receive services of normal quality from housing and communal services organizations. And if they are dissatisfied, they can complain to the appropriate authorities.

Responsibilities of homeowners in apartment buildings

The owner of the premises bears a certain responsibility. First of all, all residents of the building are required to use their apartments exclusively for living. It is prohibited to use them for other purposes that do not correspond to the purpose of these objects.

For example, you cannot set up a chicken coop or a nightclub in your apartment. The responsibilities of owners of their own apartments also include their proper maintenance.

The condition of the apartment should not pose a threat to its residents themselves, as well as their neighbors. The apartment must be repaired in a timely manner; illegal alterations and other actions leading to the destruction of the property are not allowed. The use of housing should not violate anyone's interests.

In addition, it is important to comply with all established standards for sanitary, fire and environmental safety. It is also obligatory to make timely payment of all housing and utility payments for your apartment and share in the common property of the house.

What is included in the common property of an apartment building?

The concept of common property of owners of apartment buildings

For many, the common property of a multi-storey building is a very abstract concept.

Not everyone knows what exactly this applies to. In fact, the places, equipment, and technical equipment used by all residents of the house and necessary for its operation as a whole are recognized as common.

In other words, everything outside the apartments is common.

Common ones include:

• staircases, corridors;
• elevators;
• attics and basements;
• other non-residential premises;
• house electrical networks;
• engineering networks and equipment;
• land under the house.

Why is it necessary to distinguish personal from common property?

It is not without reason that the legislator clearly defines the provisions on the composition of the joint property of residents. Why is this done? You can dispose of your own housing at your own discretion, while shared housing only with the consent of all co-owners.

The distinction helps determine how much to bear the costs of maintaining a particular property. Owners pay and are responsible for their own.

What is a general meeting of owners of apartment buildings and why is it needed?

The purpose of holding a meeting of owners of apartment buildings

Since the property in the apartment building is common, all issues relating to it must be accepted by all co-owners jointly.

It is for this purpose that they should gather together. They should, since the Housing Code of the Russian Federation makes annual meetings their responsibility.

Residents-owners, in addition to the rights to their housing, also acquire certain responsibilities. Failure to comply may result in unfavorable consequences for apartment owners, including eviction.

You can learn about some of the rights and responsibilities of apartment building owners by watching the video:

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03 Dec 2017 93

Russian legislation imposes one mandatory requirement on every citizen - registration at the address of residence or stay. In other words, if a person lives in an apartment or in a house, he must report this to the authorized agency and receive the appropriate mark in his passport.

Unfortunately, the housing issue has always been difficult for citizens, and this raises a completely logical question - if a person is registered in an apartment, but is not the owner, what rights might he have to housing? In our article we will try to answer this question and substantiate it with the help of existing legislative acts.

Citizens who have registered a residence permit receive certain rights and freedoms in relation to residential premises. This acts as a protection while respecting the legitimate interests of registered persons. Some Russians believe that registration is a kind of restriction for the country's population, so that they cannot freely move around the country and choose a convenient place to live.

In fact, the main purpose of introducing this legislative norm was the ability to protect the rights of the population in relation to property and guarantee the safety of their real estate from encroachment by persons who do not have any legal right to use the premises.

Typically, citizens are afraid that registered persons may file a claim through the court and obtain ownership of the property. To understand this, it is necessary to refer to certain provisions of the legislation of the Russian Federation.

What rights are prescribed?

In the case of privatization of housing and the participation of one person, it is this citizen who acts as the owner of the property, including the ability to register any citizens in the apartment at his discretion. The situation is completely different with persons who are registered in the apartment, but do not have ownership rights. Regardless of what kind of family ties they have with other persons, organizing the procedure for obtaining registration is not within their competence.

The registration procedure is possible by contacting the housing department with a special application. This document expresses the desire of the owner and the registered person to go through the registration process. After the action is completed, the new resident has the following opportunities and obligations in relation to the residential premises:

1. In the case of registration in a privatized apartment after privatization, the responsibilities and rights will be the same as those of the owner, with the exception of the right to formalize legal transactions for the alienation of property. An additional condition for the use of property is the requirement to use the property strictly for its intended purpose.
2. Persons who have received registration must take into account the characteristics of the premises during operation.
3. Upon dissolution of the marriage, the tenant is deprived of the right to use the property, except in cases where the period of use is extended by the court for good reasons.
4. The citizen is obliged to comply with all the terms of the contract for obtaining registration.

As a result, the citizen is endowed with all the rights that the owner has, except for the possibility of alienating property to third parties.

Nuances of registering

If a citizen who is a home owner registers other citizens in his apartment or house, it means that he thereby expresses consent with the actual residence of these people on the territory of his property. If the owner of the home changes his mind, the second party to the agreement will automatically lose the right to reside. In this regard, it is better to familiarize yourself in advance with what rights a person has after receiving registration in an apartment.

One of these rights is to receive an eviction notice. That is, if the owner has decided to evict a registered person, he is obliged to notify him of this in advance. Since the only thing a registered person is allowed to do in an apartment is to gain free access to the property and use it for its intended purpose, the citizen has every right to receive notice of eviction in advance and find new housing within the prescribed time frame.

Rights of those registered in municipal and non-privatized apartments

To live in municipal housing, you must enter into a simple rental or commercial lease agreement. The responsible tenant is not the owner of the property, but this person has certain rights that allow him to transfer the property for rent or exchange it for another apartment. Registered relatives of a citizen have the same rights as the responsible tenant, but here we are talking about the spouses, children and parents of the citizen.

As for non-privatized apartments, the same standards apply here as for municipal housing. Particular attention is paid to minor children who must live with their parents and who do not have the right to be evicted from the apartment if there is no other option for obtaining registration.

Conclusion

Citizens who have received registration in an apartment, but do not act as its owner, can dispose of housing only at their own discretion, but without alienating the property to a third party. If the owner has decided to evict a citizen, he is obliged to notify him in advance and in writing.

How to combine the rights of a home owner and a non-owner...

Only the owner of the residential premises fully determines the fate of his home. The owner is the rightful owner of the apartment. But other citizens, for example, members of the owner’s family, can live in the apartment together with the owner. What rights do they have? Can the owner easily kick unwanted relatives out of the apartment and how easy is it to do this? Let's try to understand these issues.

Rights and obligations of apartment owners
In accordance with the Housing Code of the Russian Federation, the owner has the right to own, use and dispose of his residential premises in accordance with its purpose.

In accordance with Art. 17 of the Housing Code, residential premises are intended for living. But you can not only live in an apartment, you can carry out professional activities in it. The owner (or his associates) can create a studio in the apartment, or adapt the room for tailoring, or simply work at home on the computer. But such use of housing should not violate the rights and affect the legitimate interests of those living nearby.

The owner of an apartment has the right not only to live and engage in professional activities in his apartment, he also has the right to rent out his property, and not only to citizens, but also to a legal entity. In this case, a lease agreement must be concluded with a legal entity, and the apartment provided under the lease agreement can only be used for the residence of citizens, for example, employees of the organization.

In addition to rights, the owner also has responsibilities, which everyone probably knows about. He bears the burden of maintaining the property that belongs to him. That is, he is obliged to carry out timely repairs in the apartment, pay for utilities, and pay taxes established by law. You will have to pay not only for the apartment, but also for the common property in the apartment building.

Who is the owner's family member?
In addition to the owner, other citizens may live with him, who, although they are not co-owners of the residential premises, are, in accordance with the law, called members of the owner’s family.

Family members of the owner include his spouse living with the owner of the apartment, as well as children and parents. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner’s family if they are installed by the owner as family members. That is, if the owner registered people in the apartment, then they (in the legal sense) are automatically equated to members of his family.

The law establishes that family members have the right to use the apartment on an equal basis with the owner. They are also obliged to use the premises for their intended purpose and ensure the safety of the apartment. Capable and partially capable citizens bear joint liability with the owner for obligations arising from the right of use. They are also required to pay utilities and participate in other mandatory payments for the maintenance of the property. The exception is the apartment tax, which lies only with the property owner.

If you have become a former family member...
Surely everyone has heard about the rule of law, which stipulates that upon termination of family relations, a former member of the owner’s family loses the right to use the apartment - this is provided for in paragraph 4 of Art. 31 Housing Code of the Russian Federation.

Most of all, the termination of family relationships applies to spouses. Let's say the husband is the owner of the apartment, and his wife is registered with him. What happens to the spouse's rights if the marriage breaks down? According to the law, she will lose the right to use residential premises. Does she have any hope of living at least temporarily in her previous apartment?

Do not rush to deregister, that is, do not sign out. Registration gives you the right to live in the apartment legally, and without your consent the owner will not be able to sign you out. A citizen can be deregistered at his place of residence only if he is discharged voluntarily or by court decision.

If the case goes to court, then you need to know about the following. The law provides that if a former family member of the owner has no other housing (well, there is nowhere for a person to go!), and also if the property status of the former family member and other noteworthy circumstances do not allow him to provide himself with other living quarters, then the right to use the apartment can be retained for a certain period based on a court decision. Unfortunately, the specific period during which you can still live in the apartment has not been determined; in each case, the court will decide this issue individually.

The Housing Code also provides that the court has the right to oblige the owner of a residential premises to provide other housing for the ex-spouse and other members of his family, in whose favor the owner fulfills alimony obligations, at their request.

If the court makes a decision that allows a former family member to live in the apartment, then the owner will not be able to evict him. Although the owner still has one chance of eviction: before the expiration of the specified period, eviction can only be done if the owner sells (donates, etc.) the specified apartment. But again, for this you will have to go to court.

What to do if a child is born in a marriage? After all, most often children after divorce remain with their mothers. Is the child really recognized as a former member of the owner’s family?

Unfortunately, after the entry into force of the Housing Code of the Russian Federation, or rather clause 4 of Art. 31 of the Housing Code of the Russian Federation, the courts thought exactly this way - they recognized the child as a former member of the owner’s family and evicted him and his mother onto the street. An example of this is contained in the Review of judicial practice of the Supreme Court of the Russian Federation for the 3rd quarter of 2005, where paragraph 18 directly states: “Thus, if a child, by agreement of the parents, remains to live with a parent who does not own housing, he is a former member family of the owner of the residential premises and is subject to eviction along with the former spouse on the basis and in the manner provided for in Part 4 of Art. 31 Housing Code of the Russian Federation."

In 2007, this opinion was recognized as erroneous, and paragraph 18 of the above-mentioned Review of the Supreme Court was declared invalid.

Currently, legislation answers the question of children’s rights as follows:
“Does a child retain the right to use residential premises owned by one of the parents after the parents’ divorce?

Answer: According to Part 4 of Art. 31 of the Housing Code of the Russian Federation, 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 family member of the owner of this residential premises is not retained, unless otherwise established by agreement between the owner and the former member of his family.

At the same time, in accordance with the Family Code of the Russian Federation, a child has the right to protection of his rights and legitimate interests, which is carried out by his parents (Clause 1 of Article 56 of the RF IC). Parents are responsible for the upbringing and development of their children; they are obliged to take care of the health, physical, mental, spiritual and moral development of their children (clause 1 of Article 63 of the Code).

The above rights of the child and the obligations of his parents remain even after the divorce of the child’s parents.

Based on this, depriving a child of the right to use the residential premises of one of the parents - the owner of this premises - may entail a violation of the child’s rights.

Therefore, by virtue of the provisions of the Family Code of the Russian Federation on the responsibilities of parents in relation to their children, the right to use residential premises owned by one of the parents must remain with the child even after the dissolution of the marriage between his parents.

Privatization and former family members
When privatizing residential premises, citizens have the right to either become the owners of the apartment or not to become them.

If the spouses decide to privatize an apartment, but one of them becomes the owner of the apartment, and the second refuses to privatize, then they should know: clause 4 of Art. 31 of the Housing Code does not apply in this case! That is, even if the spouses decide to divorce, the owner’s ex-husband will still have the right to use the residential premises.

Sofia Kalmykova
sob.ru

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In the current unstable situation, many are wondering where to keep their money. There are many options. In the Bank, in foreign currency accounts, in a safe, invest in precious metals or buy real estate...

Memo from the Ministry of Health about FREE medical care. It is mandatory for all government medical institutions. You can print it out and take it to the hospital and clinic, show it to doctors if they try to force you to pay for services or medications that you are entitled to free of charge. It also says where to go if free medical care is not provided.

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What rights does the owner of a residential premises have? What articles of law regulate the rights and obligations of the owner? What responsibilities do the owner's family members have? Read about this in our article.

Home ownership is an important part of our modern society. Russian legislation not only protects this right, but also guarantees the conditions for its implementation. The owner of a residential premises may be (Article 212 of the Civil Code of the Russian Federation):

• Individuals and legal entities;
• state;
• foreign state;
• international organization;
• municipalities;
• individuals and legal entities of foreign countries.

In accordance with Art. 30 of the Housing Code of the Russian Federation, the rights of the owner of residential premises are:

1. ownership;
2. right of use;
3. right of disposal;
4. the right to provide and use residential premises to other persons on the basis of;
5. the right to transfer residential premises for use to legal entities on the basis of a lease agreement, taking into account the requirements and conditions established by housing and civil legislation;
6. the right to provide residential premises for free use.

The residential premises must be completely suitable for living (clause 2 of article 15 and clause 1 of article 17 of the Housing Code of the Russian Federation). The placement of production and industrial facilities in the premises of a residential apartment building is not permitted. The owner of a residential premises has the right to use it for business activities of any type of legal form only after the procedure (Article 288 of the Civil Code of the Russian Federation).

Rights and obligations of owners of residential premises in apartment buildings

Owners of apartments in apartment buildings have the right to use premises that are not part of their apartments, in particular:

• stairs, elevators and elevator shafts, corridors and apartment areas, technical floors and basements, attics;
• roofs and enclosing structures (load-bearing and non-load-bearing);
• a plot of land and objects located on it, intended for the maintenance and improvement of this house (Article 36 of the Housing Code of the Russian Federation).

The boundaries and size of the land plot are determined in accordance with the requirements of land and town planning legislation. This land plot may be encumbered with the right of limited use by other persons. At the same time, encumbering a plot of land used for the construction of an apartment building is not allowed in cases where access to the objects for other persons exists before the RF Housing Code comes into effect. A new encumbrance of a land plot is possible only on the basis of an agreement between all owners of the premises and the person requiring the implementation of encumbrance actions. All disputes regarding the encumbrance of a land plot can be resolved in court. The right to use residential premises in an apartment building also includes the right to own, use and dispose of common property. Changing the size of common property up or down is possible only with the consent of all owners of residential premises in a given residential property. The transfer of public facilities for operation to other persons is also permitted with the consent of all owners at a general meeting, if this action does not violate their rights and legitimate interests.

With the acquisition of ownership of an apartment, the owner of the residential premises also acquires a range of responsibilities.

• Maintenance of the premises.

Maintenance of residential premises involves preserving the condition of the apartment by investing in the cost of repairs and maintenance. Let us note that Russian housing legislation allows that the burden of maintaining residential premises may be assigned to other legal entities and individuals, as well as the state and municipalities on the basis of federal laws or written contractual obligations acquired on the basis of an agreement on the transfer of premises for temporary use or ownership.

Important! A lease agreement containing a condition for transferring responsibilities for the maintenance of residential premises to tenants does not exclude the responsibility of the apartment owner for its maintenance.

. Preventing mismanagement of residential premises that are private property. This provision may become the basis for termination of ownership rights if mismanagement of residential premises causes a violation of sanitary and epidemiological standards and fire safety requirements.

Important! Damage caused by mismanagement of residential premises entails civil liability in relation to the owner of this apartment (Part 2 of Article 293 of the Civil Code of the Russian Federation).

. Respect for the legal rights and interests of neighbors. In addition to the above responsibilities, the owner of the apartment (if it is an individual), in the case of renting out residential premises, must promptly pay the individual income tax according to. This requirement is mandatory in accordance with the Tax Code of the Russian Federation, but the law does not require registration of an individual entrepreneur or any other organizational and legal form of activity. It is also the responsibility of the owner of a residential premises to comply with the rules for the use of this premises provided on the basis of a testamentary refusal; the relevant norms are established by the Housing Code of the Russian Federation. In accordance with Art. 1137 of the Civil Code of the Russian Federation, a testamentary refusal is a range of obligations of a property nature for execution at the expense of the inheritance, assigned by the testator to the heirs in favor of one or more persons who have the right to demand the fulfillment of this obligation. A person who has the right to use residential premises on the basis of a testamentary refusal also acquires the right to state registration of the right to use this residential premises; the expiration of the period of use under a testamentary refusal implies termination of the right of use.

A capable citizen who lives in a residential building on the basis of a testamentary refusal is jointly and severally liable with the owner of the apartment for all existing obligations. A lifelong maintenance agreement with dependents presupposes the use of residential premises in the same way as on the basis of a testamentary refusal.

Ownership of residential premises may arise as a result of inheritance or donation, privatization, or by conclusion. The emergence of ownership of residential premises is subject to mandatory state registration with the receipt of relevant documents (Civil Code of the Russian Federation (Articles 130, 131)).

Rights and obligations of the owner's family members

The rights of the owner of a residential premises also extend to members of his family, that is, persons living together with the owner in an apartment belonging to him (spouse, children, parents). Other relatives and disabled dependents may also be recognized as members of the owner’s family if they are moved into the residential premises as members of the owner’s family. Family members of the owner of a residential premises bear joint responsibility for compliance with the rules and regulations for the use of this premises and ensuring its safety. If family relations with the owner have been terminated, the right to use this residential premises for the former family member is terminated, unless there are other agreements with the owner. If a former family member does not have grounds for acquiring or the right to use another residential premises, and also if his situation does not allow him to provide himself with residential premises, the right to use an apartment belonging to the owner may be retained by the former family member for a certain period by decision court. The court may also oblige the owner of the apartment to provide other living quarters for a former family member, in whose favor the owner is responsible for the fulfillment of alimony obligations.