Maintenance of common property in a communal apartment. How is common property distributed in a communal apartment? Why do you need your own separate cadastral number?
1. The owners of rooms in a communal apartment bear the burden of expenses for maintaining the common property in this apartment. 2. The share of mandatory expenses for which the owner of a room in a given apartment bears is determined by the share in the right of common ownership of the common property in this apartment of the specified owner.
Legal advice under Art. 43 Residential Complex of the Russian Federation
Major repairs of the common property of an apartment building, according to Article 43 of the Housing Code of the Russian Federation, are carried out by decision of the general meeting of premises owners. A decision is valid if more than 2/3 of the owners of apartment building premises vote for it.
The husband has the right to live, since you are the owner of the room. He bears responsibilities for maintaining the property (room), paying utility bills, and maintaining the common property in the apartment on an equal basis with the owner. Made repairs...
you can sue to determine the procedure for using common areas Article 43. Maintenance of common property in a communal apartment 1. Owners of rooms in...
To the last known address to the housing organization and passport office, if there is information about where you left, look next. If you left the indicated place of residence to an unknown location, let them give you a certificate, of course, all this is done at the request of the court.
Lidia Danilova
Can a resident of a communal apartment bring guests? I would like to know about the housing code of the Russian Federation.
naturally... .
It all depends on the share of your living space in the apartment. If it is more than half, you make a decision; if it is less, they are. The only thing they need to prove is the need for repairs. After the renovation, it will be difficult for them to do this. Play on this - everything was normal!
In accordance with regulations, personal accounts in Moscow are not currently divided.
- Lawyer's answer:
Yes, he has that right. 12. Owners of premises have the right to independently carry out actions for the maintenance and repair of common property, with the exception of the actions specified in subparagraph “e (1)” of paragraph 11 of these Rules, or to engage other persons to provide services and perform work for the maintenance and repair of common property ( then, respectively, services, works) taking into account the chosen method of managing an apartment building. All answers to your questions are set out in: Decree of the Government of the Russian Federation dated 08/13/2006 N 491 (as amended on 05/06/2011) “On approval of the Rules for the maintenance of common property in an apartment building and 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 performing 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." But the ban on using a gas stove, even if it was not purchased with your own money, is not legal. There was one, common stove. And there was only one left, a common slab.
- Lawyer's answer:
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He is a judge because he himself knows that they should not be violated. If you are not invited to the court as either a party or a third party, then no statement will be accepted from you, you are not a participant in the dispute, this does not concern you at all, since you are your own...
- Lawyer's answer:
Do you have a communal apartment? According to Article 43 of the Housing Code of the Russian Federation, the owners of rooms in a communal apartment bear the burden of expenses for maintaining the common property in this apartment. Each participant in shared ownership is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments on common property, as well as in the costs of its maintenance and preservation (Article 249 of the Civil Code of the Russian Federation). Disputes between residents in an apartment where several tenants live related to the distribution of common expenses for utilities and the procedure for using common areas are considered by the court. In this case, if the owners cannot agree to bear the burden of expenses, their dispute is resolved in court. Keep receipts for payment of housing and communal services, so that later you can prove in court that you paid them and the debts of other owners were not “hung” on you.
- Lawyer's answer:
Article 43. Maintenance of common property in a communal apartment 1. Owners of rooms in a communal apartment bear the burden of expenses for maintaining common property in this apartment.2. The share of mandatory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of a room in this apartment, is determined by the share in the right of common ownership of the common property in this apartment of the specified owner. (Excerpt from LCD). - You’ll have to chip in... Now, if your water supply riser was “covered” - this is the common (collective) property of an apartment building, you are obliged to replace it free of charge, and, in theory, apologize for not looking at it in a timely manner... Article 67. Rights and obligations of the tenant of residential premises under a social tenancy agreement 1. The tenant of residential premises under a social tenancy agreement has the right, in the prescribed manner: 1) to move other persons into the occupied residential premises; 2) to sublease the residential premises; 3) to allow temporary residence in the residential premises residents; 4) exchange or replace occupied residential premises; 5) demand from the landlord timely major repairs of residential premises, proper participation in the maintenance of common property in an apartment building, as well as the provision of utilities. - this is about the repair of risers, fan pipes, etc. 2. The tenant of a residential premises under a social tenancy agreement, in addition to the rights specified in Part 1 of this article, may have other rights provided for by this Code, other federal laws and the social tenancy agreement.3. The tenant of a residential premises under a social tenancy agreement is obliged to: 1) use the residential premises for the intended purpose and within the limits established by this Code; 2) ensure the safety of the residential premises; 3) maintain the proper condition of the residential premises; 4) carry out routine repairs of the residential premises; 5) pay rent and utilities on time; etc. - Regarding your case - subparagraphs 2,3,4 in the responsibilities section...
- Lawyer's answer:
How to recognize a spouse as missing and what is the point in this? To do this, it is necessary to go to court, but not with a claim, but in a special proceeding, with an application to recognize the citizen as missing due to the unknown place of his stay for more than one year. The application must indicate why you need to recognize him as missing - for example, for divorce and for the adoption of a child by the new husband. It is necessary to set out the circumstances that confirm his absence. You can ask the court to consider the case even without your presence at the court hearing. The court decision will be the basis for divorce not in court, but in the registry office in accordance with Article 19 of the Family Code of the Russian Federation. After receiving a certificate from the registry office that the marriage has been dissolved, you can get married again. Then the legal new husband must file an application with the court, also in a special proceeding, to adopt your child. As for the father’s consent to adoption, it is not required in this case, since the parent is recognized by the court as missing (. Article 130 of the Family Code states: The consent of the child’s parents for his adoption is not required in cases where they are: unknown or recognized by the court as missing; recognized by the court as incompetent; deprived of parental rights by the court (subject to the requirements of paragraph 6 of Article 71 of this Code); for reasons recognized by the court as disrespectful, do not live with the child for more than six months and evade his upbringing and maintenance. Note: paragraph 6 of Article 71 defines terms of adoption of a child in the event of deprivation of parents (one of them) of parental rights6 it is allowed no earlier than the expiration of six months from the date of the court decision on deprivation of parents (one of them) of parental rights.
turn on the music at night, leaning the speakers against the wall, removing all frequencies except bass and super-bass - the bass is not localized, no sound is heard - 2 - 3 weeks and the apartment can become separate
- Lawyer's answer:
Housing Code. Article 41. 1. The owners of rooms in a communal apartment own, by right of common shared ownership, the premises in the apartment used to service more than one room (hereinafter referred to as the common property in the communal apartment). 2. Changing the size of common property in a communal apartment is possible only with the consent of all owners of rooms in this apartment through its reconstruction and (or) redevelopment. Article 42. 1. The share in the right of common ownership of common property in a communal apartment of the owner of a room in a given apartment is proportional to the size of the total area of the specified room. 2. The share in the right of common ownership of common property in an apartment building of the owner of a room in a communal apartment located in this house is proportional to the sum of the dimensions of the total area of the specified room and determined in accordance with the share in the right of common ownership of common property in the communal apartment of this owner of the area premises constituting the common property in this apartment. 3. The share in the right of common ownership of common property in a communal apartment of the owner of a room in this apartment follows the fate of the right of ownership of the specified room. 4. When transferring ownership of a room in a communal apartment, the share in the right of common ownership of the common property in this apartment of the new owner of such a room is equal to the share in the right of common ownership of the specified common property of the previous owner of such a room. 5. The owner of a room in a communal apartment does not have the right to: 1) allocate in kind his share in the right of common ownership of the common property in this apartment; 2) alienate his share in the right of common ownership of common property in a given apartment, as well as perform other actions entailing the transfer of this share separately from the right of ownership of the specified room. 6. When selling a room in a communal apartment, the remaining owners of rooms in this communal apartment have a pre-emptive right to purchase the alienated room in the manner and under the conditions established by the Civil Code of the Russian Federation. *42.6) Article 43. Maintenance of common property in a communal apartment 1. Owners of rooms in a communal apartment bear the burden of expenses for maintaining common property in this apartment. 2. The share of mandatory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of the room in this apartment, is determined by the share in the right of common ownership of the common property in this apartment of the specified owner. "In general, if you mean by “divide” the definition of who specifically owns what, then you cannot divide anything by area, because you all own NOT A PART (SHARE) OF THE PROPERTY, BUT A PART IN THE RIGHT OF COMMON SHARE PROPERTY - i.e. E. PART (SHARE) OF THE RIGHT. You can only share the costs of maintaining your common property in proportion to the area of the rooms you own, if there is an acute conflict, you can even through the court oblige, for example, a full name to provide another full name with access to the premises (for example, to the toilet, and not pre-registration). And if you can’t agree at all, sell your room and buy another. But this is absolutely a last resort and from a different story.
- Lawyer's answer:
In accordance with Part 1 of Art. 42 of the Housing Code of the Russian Federation, the share in the right of common ownership of common property in a communal apartment of the owner of a room in a given apartment is proportional to the size of the total area of the specified room. Look at your payment slip - everything is indicated and calculated there. The neighbor is right. You do not have the right to fill all common areas with your furniture. In accordance with Art. 247 of the Civil Code of the Russian Federation, the procedure for use is determined by agreement of the parties, if the court does not reach agreement. The court will "hang up your cabinets and arrange furniture in your apartment." Lawyer Efimova L.V.
Contact the court at your place of residence to declare the person dead (or absent for a long period of time). Take testimony from neighbors, the Housing Authority and all possible certificates and certificates). Then check out of the apartment and privatize it.
- Lawyer's answer:
The time when you cannot make noise is usually regulated by the laws of the constituent entities of the Russian Federation. There is no liability for noise during the daytime. If they want to hold you liable for noise, then only through civil proceedings. In this case, it will be necessary to prove that material and moral damage was caused precisely because of the noise produced by the repair. At the same time, you must try to be a law-abiding citizen, because if a local police officer comes in response to a neighbor’s complaint, as a preventative measure he may issue a fine for something else.
- Lawyer's answer:
Housing Code Article 41. Ownership of common property of owners of rooms in a communal apartment Determination of shares in the right of common ownership of common property in a communal apartment Maintenance of common property in a communal apartment 1. Owners of rooms in a communal apartment bear the burden of expenses for maintaining common property in this apartment .2. The share of mandatory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of a room in this apartment, is determined by the share in the right of common ownership of the common property in this apartment of the specified owner.
- Lawyer's answer:
File a lawsuit to determine the procedure for using the MOP, especially since, as follows from the text, you have two rooms in your property. Shares in the right of common ownership of common property in a communal apartment cannot be literally associated with the areas of the MOP and the possibility of using such areas by a specific owner in violation of the interests of another owner. At the same time, the possibility of using the areas of the MOP (without infringing on the interests of another owner according to SNIP, for example, should, in development of Article 42 of the Housing Code of the Russian Federation, should be carried out taking into account the shares of the owners). In other words, if there are hypothetically three cabinets that can occupy the area of the MOP, but without interfering with the passage of the owners of the rooms, the owner of two rooms has the right to install two cabinets, and the owner of a small room has the right to install one.
- Lawyer's answer:
1) Such issues must be discussed with the other shareholder in the apartment in advance and all expenses must be agreed upon, preferably in writing and with a cost estimate. Why do everything the other way around and then make claims against someone??? ?2) The second owner has no right to put her share up for sale without your consent; YOU have the right of first refusal. And is there an agreement on the division of shares????
- Lawyer's answer:
Weird question! The Housing Code of the Russian Federation determines the amount of area as follows: Article 41. Ownership of the common property of the owners of rooms in a communal apartment 1. The owners of rooms in a communal apartment own, by right of common shared ownership, premises in this apartment used to service more than one room (hereinafter referred to as the common property in a communal apartment) .2. Changing the size of common property in a communal apartment is possible only with the consent of all owners of rooms in a given apartment through its reconstruction and (or) redevelopment. Article 42. Determination of shares in the right of common ownership of common property in a communal apartment 1. Share in the right of common ownership of common property in a communal apartment of the owner of a room in this apartment is proportional to the size of the total area of the specified room.2. The share in the right of common ownership of the common property in an apartment building of the owner of a room in a communal apartment located in this house is proportional to the sum of the dimensions of the total area of the specified room and determined in accordance with the share in the right of common ownership of the common property in the communal apartment of this owner of the area of the premises, constituting the common property in this apartment.3. The share in the right of common ownership of common property in a communal apartment of the owner of a room in a given apartment follows the fate of the right of ownership of the specified room.4. When transferring ownership of a room in a communal apartment, the share in the right of common ownership of the common property in this apartment of the new owner of such a room is equal to the share in the right of common ownership of the specified common property of the previous owner of such a room.5. The owner of a room in a communal apartment does not have the right to: 1) allocate in kind his share in the right of common ownership of the common property in this apartment; 2) alienate his share in the right of common ownership of the common property in this apartment, as well as perform other actions entailing reserves the transfer of this share separately from the ownership of the said room.6. When selling a room in a communal apartment, the remaining owners of rooms in a given communal apartment have the pre-emptive right to purchase the alienated room in the manner and under the conditions established by the Civil Code of the Russian Federation. Article 43. Maintenance of common property in a communal apartment 1. Owners of rooms in a communal apartment bear the burden expenses for maintaining common property in this apartment. 2. The share of mandatory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of the room in this apartment, is determined by the share in the right of common ownership of the common property in this apartment of the specified owner. But for the sq. no one will determine meters, for the simple reason that then a lot of people will be added to the queue: -) If you have a social tenancy agreement, then the owner of the room and share in the right to common areas remains the municipality or subject of the Russian Federation, but you, as a resident according to the social contract rental, you have the right to use common areas in the apartment.
- Lawyer's answer:
Article 40. Marriage contract A marriage contract is an agreement between the persons entering into marriage or an agreement between the spouses that defines the property rights and obligations of the spouses in the marriage and (or) in the event of its dissolution. Article 41. Conclusion of a marriage contract 1. A marriage contract may be concluded as before the state registration of marriage, and at any time during the marriage. A marriage contract concluded before the state registration of marriage comes into force from the day of state registration of marriage.2. A marriage contract is concluded in writing and is subject to notarization. Article 42. Contents of a marriage contract 1. By a marriage contract, spouses have the right to change the regime of joint ownership established by law (Article 34 of this Code), establish a regime of joint, shared or separate ownership of all property of the spouses, its separate types or on the property of each of the spouses. A marriage contract can be concluded both in relation to the existing and in relation to the future property of the spouses. Spouses have the right to determine in the marriage contract their rights and obligations for mutual maintenance, methods of participation in each other’s income, the procedure the bearing of family expenses by each of them; determine the property that will be transferred to each spouse in the event of divorce, as well as include in the marriage contract any other provisions relating to the property relations of the spouses.2. The rights and obligations provided for in a marriage contract may be limited to certain periods or made dependent on the occurrence or non-occurrence of certain conditions.3. A marriage contract cannot limit the legal capacity or capacity of the spouses, their right to go to court to protect their rights; regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children; provide for provisions limiting the right of a disabled, needy spouse to receive maintenance; contain other conditions that place one of the spouses in an extremely unfavorable position or contradict the basic principles of family law. Article 43. Amendment and termination of a marriage contract 1. A marriage contract may be amended or terminated at any time by agreement of the spouses. An agreement to amend or terminate a marriage contract is made in the same form as the marriage contract itself. Unilateral refusal to execute a marriage contract is not allowed.2. At the request of one of the spouses, the marriage contract may be changed or terminated by a court decision on the grounds and in the manner established by the Civil Code of the Russian Federation for changing and terminating the contract. 3. The validity of a marriage contract is terminated from the moment of termination of the marriage (Article 25 of this Code), with the exception of those obligations that are provided for by the marriage contract for the period after the termination of the marriage. Article 44. Recognition of a marriage contract as invalid 1. A marriage contract may be recognized by the court as invalid in full or partly on the grounds provided for by the Civil Code of the Russian Federation for the invalidity of transactions.2. The court may also invalidate a prenuptial agreement in whole or in part at the request of one of the spouses if the terms of the agreement place that spouse in an extremely unfavorable position. The terms of the marriage contract that violate other requirements of paragraph 3 of Article 42 of this Code are void.
Pavel Kirenkov
The landlord's consent to the use of common areas in the apartment. Help solve the problem: Sergeeva A, A. - the owner of 2 rooms in a 4-room communal apartment, rents these rooms to the Plotnikov family. Another family, the Malyavins, lives in the other two rooms under a social tenancy agreement. That is, the owner of these rooms is the municipality. Now the Malyavins have filed a lawsuit to evict the Plotnikovs. The Malyavins claim that the Plotnikovs are illegally using common areas in the apartment. Although Sergeeva, the owner of 2 rooms in this apartment, officially formalized a rental agreement with them and registered them in her apartment. Question: are the Malyavins right? Does Sergeeva really need to take the other two rooms from the owner, i.e. does the municipality agree that it does not object to the Plotnikov tenants using common areas?
Yakov Lomanko
Anton Shipunov
neighbors in a communal apartment
Ekaterina Golubeva
Repairs in a communal apartment, who pays how much?
Lidiya Konovalova
Urgent feedback to everyone about the adopted law on paid education, I’m shocked what’s going on, where we’re going and what will happen to the children
Vera Komarova
Where to go?. The man has been absent since 1994... out of sight, his place of residence is hidden... we petition the judge to send requests to the authorities that have information: whether he was subject to compulsory treatment, whether he was in prison, and whether he was abroad. What exactly are these ORGANS?
Eduard Khluzov
Tell me, who can guarantee the purity of the transaction (purchase and sale of an apartment)?
Antonina Borisova
Neighbours. in a communal apartment, they started repairing the MOP without informing me. And they're trying to bill me. What to do? (is this legal) if there is a link to the article. Thank you!
Galina Anisimova
Question in the area of the Housing Code. The apartment is privatized, 4 equal shares, but the shares themselves are not defined. 4 adults are registered, each with approximately 20 sq. ".... a young man lives in such an apartment... and brought his girlfriend there (she is registered at a different address)... his relatives treat them both with disrespect and try to get into the room at any time of the day or night without knocking, etc. It is not possible to install a lock on the door, because... it was broken out. I really want to isolate myself from the rest of those registered. And do it grammatically, according to the law. In addition, you need to split the bill into two, because the person in whose name the utility bills come often does not pay them.. and has debts. I don’t at all want to “sit without electricity” because of this, but there is an opportunity to pay the bill if it is broken.
Valeria Danilova
the procedure for using the rooms is determined by the court, MOP - in general use - one owner has the right without the consent of the other. replace the gas stove in the kitchen? he not only threw out the old one without consent, but also does not allow the second owner to cook on his new one
Ivan Safyanov
common areas in a communal apartment. Dear, please tell me what legal norms can be referred to in a statement of claim to determine the procedure for using common areas in a communal apartment?
Artem Malakhovtsev
in 4 rooms apt. 3 owners, all are not relatives. The personal account is not divided. (++. everyone pays for themselves separately (not according to a common receipt, which naturally comes to 1 for everyone) But, if someone suddenly stops paying the rent, then the debt will be distributed to everyone So?
Olesya Ivanova
in a communal apartment, the wiring is terrible! Should the housing office replace it for us or should we replace it at our own expense?
Anatoly Letkovsky
What documents are required for one of the spouses to be recognized as missing?
Inna Shestakova
My neighbor in the communal apartment doesn't clean up after herself...
Vladimir Frunze
Help, we need articles and laws. I live in a communal apartment, how to divide non-residential areas (bar, kitchen, toilet, storage room)
Irina Romanova
How is public space divided in communes? apartment?. Please tell me on what principle the territory in public places is divided? The neighbor claims, strictly in proportion to the occupied living space, i.e. - If her room is larger, then she (accordingly) pays for a larger area of public places (kitchen, bathroom, corridors). ? Or by the number of registered people? Are there any rules governing such relationships for communal apartments? And where to look for them? Thanks in advance for your answer.
Zhanna Stepanova
The man has been dead for 5 years, but is still registered in the apartment, and is a tenant. His mother divorced 20 years ago, but his father was registered with us. She married her husband and gave birth to a sister. In 2002 They called from the Internal Affairs Directorate and said: “Your husband was killed while drunk, come for identification.” - Normally, they had not seen each other for 20 years. In short, his mother didn’t go anywhere, firstly, she wasn’t in Moscow, and secondly, he has a mother and sister. Now the moment has come when we need to privatize the apartment, and here we are faced with numerous problems. I personally came to the registry office because of his daughter and wanted to get a death certificate. I was told that there is no data on the death of this person. I went to the registry office at his place of residence with his mother. There they generally told me that since there is no data, he is alive. I went to the morgue. There they refused to even look for me, they said that if they called the police, then they would issue a certificate. I explained that that family was dysfunctional and everyone drank, most likely they didn’t need a certificate, because they were buried, as it later turned out, at state expense. I was sent to the police in the area where he lived. The police started asking numerous questions: where did they bring it from? Where was the murder committed? And. etc. in short, in the end they said that this case probably no longer exists - a lot of time has passed. TODAY I went to the local police officer in our district, the funny thing is that he told me: “I can’t do anything, go to the registry office or to the department where the crime was committed,” Is it normal???? Some kind of vicious circle.
Lidiya Andreeva
Please tell me, at what time can you do home renovations? The neighbors are tormented, they knock constantly! I mean, we are doing renovations, at 4 o’clock in the afternoon they knock on us so that we stop, I decided to consult
Vera Timofeeva
please tell me what rights and standards exist for the use of common space in a communal apartment? Which law stipulates in detail about living in a communal apartment?
Petr Buzdyrin
Please tell me how common areas are divided in a privatized communal apartment? (The problem is inside). There are two owners in a three-room apartment. One owner has two rooms in his possession, and the second has one (small) one. Question: How are common areas divided? ? The fact is that the neighbors are claiming half.... We studied the law - it seems to say that MOPs are divided according to the amount of occupied living space...
Yakov Naftulev
Tell me the article of the Housing Code of the Russian Federation ... Which article can I refer to to draw up a statement of claim to improve the layout of housing. Owns an apartment. It has 2 owners (in equal shares since the beginning of the agreement on shared participation in the construction of the house). 1 owner made a rough renovation. He wants to present it to another, so that half of it will be paid for by the other owner (improving the layout of the housing), and that owner will put it up for sale....Which article should I refer to?
Alexey Letuchev
How many public meters are required? How many meters of common area do residents of a communal apartment have per person (or per meter of their premises rented under a social tenancy agreement)? It is necessary to support the answer with a document. . adopted by Russian Legislation. Thank you in advance!!!
Arthur Rokotov
Family division of property.. The situation is as follows: My wife and I sold her personal apartment, which she acquired before marriage. And we are going to build a house, everything is registered in her name. However, construction will be carried out using joint funds, approximately in half. We have a child. Questions: 1. in the event of a divorce, is this house subject to division as joint property in half, despite the fact that everything is registered in her name?? ?2.how to insure yourself when building a house, so that when dividing your property you don’t end up with nothing?? ?3.Does the child have the right to a share of the house under construction in this case if the property is divided after construction?? ?4. Over the last 3-4 years, have there been any changes in civil, housing and family legislation concerning these issues?? ? Thank you in advance!! !If possible, give a more detailed answer.
Communal housing has always been considered one of the ways to solve the housing problems of citizens for a certain period. This is an integral element of the former communist economy, inherited by Russia and other post-Soviet countries.
Life in a communal apartment is not easy. Let's consider what such a dwelling is and what rules govern the use of residential and non-residential space in it.
Communal apartment: definition by law
The law on communal apartments says little. The definition is not given in any single federal law. Housing policy is mostly regulated by acts of local importance, which are issued by regional authorities. So, for example, we can cite several acts of administrative significance, which contain the concepts of a communal apartment:
- Law on Residence of the City of Moscow No. 6 of March 11, 1998, which defines that a communal dwelling is a dwelling with several owners, users or proprietors who jointly operate non-residential facilities in a given apartment.
- Law of the Nizhny Novgorod Region dated 09/07/2007 No. 123-Z, which states that communal housing is considered to be a dwelling in which several families or citizens live, regardless of the basis of residence, who together use auxiliary facilities in this dwelling.
Thus, the determining factor in the selection of communal housing from the entire housing stock is the presence of several residents using non-residential premises in a given dwelling together.
Of course, such housing must be separated from a single-family apartment. For this reason, the definition given in the Law of the Nizhny Novgorod Region is recognized as more correct, because only an apartment where more than one family lives, and not more than one person, can be called communal.
Rules for living in a communal apartment - housing code
Of course, not all relationships between neighbors living in such housing are regulated by law. Thus, many issues and problematic issues have to be resolved through negotiations, or, in extreme cases, in court.
However, the law - the Housing Code - still contains some rules that can be appealed in the event of a dispute or in court.
The basic rules for living in a communal apartment are enshrined in Article 59 of the Housing Code.
Thus, this article states that residents have absolute rights to premises that are in their ownership, the right of use in relation to rented premises and to common premises in accordance with their shares in the total area of the dwelling. Also, the rules of conduct are the same for all of them.
Communal apartment rights and obligations of residents
The basic rights and responsibilities of residents come from the rights they have to the corresponding premises as part of a communal dwelling.
Thus, persons who own the residential premises of the hostel have the right to:
- rent out a room belonging to them on the basis of a rental agreement;
- register persons in this apartment at your discretion.
In this case, the owners do not require the consent of other residents, but only if the apartment is officially recognized as communal. Recognition is carried out by the housing inspectorate at the request of the owners or in accordance with a court decision.
If persons own and live in premises in a communal apartment on the basis of rent, then they have the right to sublease what has been transferred into their possession with the consent of:
- landlord;
- neighbors;
- members of your own family.
At the same time, the minimum living space per person norm of 12 square meters must not be violated.
Cleaning the common area
Cleaning of the common area is carried out by all neighbors together. As a rule, it is best for neighbors to reach mutual agreement on this issue, since otherwise the issue will have to be resolved in court. However, a complete refusal to clean is fraught with more serious problems, including the arrival of SES officers, fines and deprivation of the right to live in the corresponding apartment.
So, even if certain neighbors do not compromise and do not want to clean the common areas, they can be sued.
In this case, a court decision can not only force neighbors to clean up, but also collect some kind of material compensation for the entire period when the cleaning was carried out instead of neighbors.
Use of common property in a communal apartment
In a communal apartment, common property is considered to be property that is located in common premises and serves the functional purpose of these premises. So, for example, a bathtub or toilet will be considered common property and subject to equal use by all residents and repairs accordingly.
Of course, one of the residents can make improvements to such property or change it. In this case, his rights regarding the use of common property do not increase, but he will be able to reimburse his costs at the expense of other neighbors.
In general, residents in a communal apartment have equal rights to common property and no one has the right to restrict their use. However, neighbors, having agreed among themselves, have the right to establish rules of use.
Common areas
Common areas in a communal apartment are considered to be:
- corridor;
- kitchen;
- bath;
- toilet;
- hallway.
If there are other auxiliary or ancillary premises in the house, then they will be in common use only if someone’s authority to them has not been documented.
Guests in a communal apartment
Legislative The regulation does not in any way limit the stay of guests in a communal apartment, neither in terms of duration nor in number. So the neighbors can't object to the guests in any way.
The only important point about the accommodation of guests is that if they stay in the respective apartment for more than three months, then they need to register with the passport office on a temporary basis.
Smoking
Housing legislation does not in any way restrict smoking in a communal apartment or in other residential premises, if they are not shared. In this case, it is necessary to refer to the smoking ban legislation. However, even in this case, you will have to go to court to prohibit your neighbor from smoking.
At the same time, it is possible to appeal against smoking ban legislation only if a neighbor systematically smokes in a common room and provided that the complaining neighbor does not do the same.
Although in this case the interests of those neighbors who do not smoke are violated, it will not be possible to prove and achieve a ban on smoking inside residential premises.
Repair
When it comes to repairing the premises in a communal apartment owned by the relevant persons, the answer is simple: the one who owns the premises carries out the repairs. However, when it comes to renovating common areas in a communal apartment, disputes may arise.
The most common mistake is that many residents believe that the neighbor who owns the majority of the communal property should pay more for repairs. Actually this is not true.
Regardless of the size of the share in the communal apartment, residents use the common premises equally, so they bear the same costs for repairs.
Redevelopment
Redevelopment is carried out in a communal apartment according to the same rules as in a regular apartment. So, it is necessary:
- consent of all apartment owners;
- redevelopment project;
- permitting documentation for redevelopment.
It is worth noting that even if one of the residents of the communal apartment does not agree with the redevelopment, it will not be possible to do it legally.
Acceptable noise
Housing legislation establishes maximum permissible noise levels that can be produced in residential premises:
- 45 decibels – at night;
- 55 decibels - during the daytime.
It is worth noting that judicial practice has precedents that show that due to noise violations, neighbors were forcibly removed from the apartment.
Pets
The law allows keeping pets in a communal apartment only if the owners can ensure compliance with the following standards:
- fire safety;
- SES standards;
- environmental standards;
- legal rights and interests of other residents of the apartment.
If any of the residents of the apartment is allergic to any animal, then in court he will be able to obtain a ban on keeping this type of animal in this communal apartment.
Payment of utility services
Payment for utilities is carried out in one of the following ways:
- the bill will be sent to the entire apartment, and the residents will pay it equally or in a different ratio depending on the agreement between them;
- Each of the residents, by contacting the utility service, can open a separate personal account and pay exclusively for themselves.
This way, if disputes arise, neighbors can simply split their bills and continue to use utilities without encountering problems.
Neighbors when living in a communal apartment
Neighbors in communal housing are equal users. As a rule, if they are the owners, they have the right to sell the premises they own. At the same time, neighbors have the right to purchase this premises on a priority basis in the first month after the announcement of the sale.
That is, the owner selling premises in a communal apartment must first inform his neighbors about this, and then look for buyers on the side.
The rule regarding co-owners of indivisible property applies here. In this sense, a communal apartment is considered as a single property that is not subject to division.
Rights to a vacant room
If any of the tenants of premises in a communal apartment owned by the municipality leaves the premises, then the vacated premises are first provided to the following categories of citizens:
- persons whose turn to improve their living conditions has come;
- low-income families;
- persons applying to buy this home.
Municipal housing is privatized by interested citizens; as a rule, the municipality does not allow the privatization of part of a communal apartment. For this reason, it is necessary to first arrange a lease for the entire living area of the apartment.
Thus, a communal apartment is a special form of housing, where the rights of neighbors and several residents equally apply. All disputes that arise can be resolved through negotiations or in court.
1. The owners of rooms in a communal apartment bear the burden of expenses for maintaining the common property in this apartment.
2. The share of mandatory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of the room in this apartment, is determined by the share in the right of common ownership of the common property in this apartment of the specified owner.
Commentary to Art. 43 Residential Complex of the Russian Federation
1. Owners of isolated residential premises in a communal apartment bear the burden of maintaining the residential premises in the communal apartment and the apartment itself that belong to them by right of ownership. The burden of maintaining residential premises in a communal apartment is expressed in the obligation of the owners to pay for services for the maintenance of residential premises and the common property of the communal apartment.
The amount of obligatory payments of each owner of residential premises in a communal apartment for the maintenance and repair of the residential premises owned by right of ownership and the common property of the communal apartment is proportional to his share in the right of common ownership of the common property in the communal apartment.
2. Payment for utility services is made for various reasons. For example, the criterion for paying for heating an apartment is the area of the entire apartment. Accordingly, the owner of a living space in a communal apartment pays for heating in proportion to his share in the right of common ownership of the common property of the communal apartment. In cases where the criterion for payment of utility services is the number of residents in the apartment (for example, water supply), then payment is made according to this criterion, without taking into account the owner’s share in the right of common ownership in the communal apartment.
3. The owner of residential premises in a communal apartment also has a share in the right of common ownership of the common property of an apartment building, and accordingly, he also bears the burden of maintaining the common property of an apartment building in proportion to his share (see commentary to Article 39 of the Housing Code).
Good afternoon. Please help me understand Part 1 of Article 42 of the RF Housing Code. After reading the above part of the article, we can conclude that the share of common property in a communal apartment is proportional to the size of the total area of the occupied room. Or is there still some other catch? I'll explain the situation.
We live in a 7-room (148.1 m2) communal apartment. We are a family of 3 people (me, my mother and my wife), we live in 4 rooms (57.8 m2) in this communal apartment. Only my mother is the owner, my wife and I are only registered. A dispute arose over space in the kitchen. Kitchen 18.7 m2. We have 1 table on it, which occupies a fairly small kitchen area. The owners of 1 room (10.7 m2) have 1 more table. And 3 tables, half of the kitchen (approximately) is occupied by a married couple, owners of 2 rooms (27 m2). At the moment, my wife and I would like a separate table from my mother. The neighbors of 2 rooms are categorically against freeing up 1 space for our needs. Based on the above article, can we legally demand the release of 1 place in the kitchen? Is it possible to refer to the fact that, based on Part 1 of Article 42 of the Housing Code of the Russian Federation, and the size of our rooms, we have the right to occupy 11.3 m2 of kitchen (roughly speaking)? If not, how are such issues resolved?
P.S. Once there was a case, during a dispute about meters in the kitchen, the district police officer was called. He, in turn, said that the kitchen is shared and the number of rooms does not in any way affect the possible amount of space occupied in it. I hope for an answer. Thank you.
Maksim
There's an answer
Answers
Alekseev Dmitry NikolaevichLawyer
According to Art. 41 of the Housing Code of the Russian Federation, the owners of rooms in a communal apartment have the rights of common shared ownership of premises used to service more than one room (common property in a communal apartment). The share of mandatory expenses for the maintenance of common property in a communal apartment is determined by the share in the right of common ownership of the common property in this apartment of this owner (Part 2 of Article 43 of the Housing Code of the Russian Federation). The share in the right of common ownership of common property in a communal apartment of the owner of the room is proportional to the size of the total area of the specified room (Part 1 of Article 42 of the Housing Code of the Russian Federation).
According to Art. 42 of the Housing Code of the Russian Federation, the share in the right of common ownership of common property in a communal apartment of the owner of a room follows the fate of the right of ownership of the specified room; cannot be changed when the owner of the room changes; allocation in kind, as well as alienation or other transfer separately from the ownership of the room. And the most important thing for you is this the share in kind is not allocated (clause 1, part 5, article 42 of the Housing Code of the Russian Federation).
Answers
Pogodina Svetlana NikolaevnaLawyer
The area in common areas in a communal apartment is calculated precisely according to Art. 42 of the Housing Code of the Russian Federation, you have the right to use (occupy) a share in the kitchen equal to your share in the total area of living rooms. Living room area in your case: 95.5 square meters. meters. Therefore, your mother is the owner of 3/5 of the kitchen area.
However, the Housing Code of the Russian Federation does not provide for the allocation of a share in public places, i.e. you do not have the right to fence off your area and completely insulate it, install your own sink, additional stove, etc. and deny other owners access to their area, in fact, the same as other room owners. But you must adhere to the rules of the law when using it.
If in your case a dispute has arisen with other room owners, you need to order a calculation of your area in common areas from the BTI, take photographs of the kitchen (if there is a dispute about it), draw up an Agreement for the Use of the Kitchen, and invite your neighbors to sign it in writing (attach to the Evidence Agreement). If within a month from the date of receipt of the letter your neighbors do not agree to establish the procedure for using the kitchen in the Agreement, you have the right to go to court.
In accordance with Part 1 of Art. 43 of the Code, the owners of rooms in a communal apartment bear the burden of expenses for maintaining the common property in this apartment.
Article 43 reproduces the fundamental provisions of Art. 39 of the Code regulating the maintenance of common property in an apartment building, in relation to the maintenance of common property in a communal apartment. Like the owners of residential and non-residential premises in an apartment building, the owners of rooms in a communal apartment are required to bear the costs associated with the maintenance of their common property, which is in shared ownership.
The share of mandatory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of a room in this apartment, is determined by the share in the right of common ownership of the common property in this apartment of the specified owner.
Chapter 4. Mandatory payments § 1. Payment for residential premises and utilities
A legal obligation has been established to pay for housing and utilities for the persons listed in Art. 153 of the Code, and also determines the moment when this obligation arises for each category of specified persons. Thus, the owner of a residential premises has an obligation to pay for residential premises and utilities from the moment the right of ownership to the residential premises arises.
A novelty of the Code is the regulatory definition of the structure of payments for residential premises and utilities (Article 154). At the same time, the structure of payments for housing and utilities is determined differently for three categories of users of residential premises: a) tenants of residential premises of the state and municipal housing stock under social and commercial tenancy agreements; b) owners of premises in an apartment building (including members of housing and housing-construction cooperatives who have paid the share contribution in full); c) owners of residential buildings.
For the owner of premises in an apartment building, payment for residential premises and utilities includes:
utility fees.
For owners of residential buildings (multi-apartment and single-family residential), the actual payment for the houses they own are the costs of their maintenance and repairs. Such owners pay for utilities in accordance with agreements concluded with persons engaged in the relevant types of activities.
Please note that for some categories of users of residential premises the Code has not determined the structure of fees for residential premises and utilities. Consequently, the composition of such a fee will in specific cases be determined solely by the terms of the relevant agreement (for example, a lease agreement or commercial rental of residential premises in a private housing stock).
At the same time, for all categories of users of residential premises, including those for whom the Code does not define the structure of payment for residential premises and utilities, the imperative norm establishes a single content of the concept of “payment for utility services.” In accordance with Part 4 of Art. 154 of the Code, the specified fee includes payment for cold and hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating).
Such a fairly detailed legal regulation of the structure of payments for residential premises and utilities at the level of federal law, from our point of view, can be considered one of the advantages of the new Code. It should contribute, on the one hand, to the development of contractual principles in the regulation of housing relations and the reduction of “space” for administrative discretion in this area, and on the other hand, to prevent arbitrary interpretation of the relevant concepts by the parties to housing contracts.
The procedure for paying for residential premises and utilities is defined in Art. 155 of the Code. This procedure is differentiated for different categories of users. However, all of them are required to pay for housing and utilities monthly by the tenth day of the month following the expiration of the month, unless a different period is established by the apartment building management agreement. Payment for residential premises and utilities is made on the basis of payment documents submitted no later than the first day of the month following the expiration of the month, unless a different period is established by the apartment building management agreement.
Members of a homeowners' association or a housing cooperative or other specialized consumer cooperative created to meet the needs of citizens for housing in accordance with the federal law on such a cooperative make mandatory payments and (or) contributions related to the payment of maintenance costs, current and major repairs common property in an apartment building, as well as with payment of utilities, in the manner established by the governing bodies of the homeowners' association or the governing bodies of a housing cooperative or the governing bodies of another specialized consumer cooperative.
Owners of premises in an apartment building in which a homeowners association or a housing cooperative or other specialized consumer cooperative is not a member of a homeowners' association or a housing cooperative or other specialized consumer cooperative pay payment for residential premises and utilities in accordance with agreements concluded with a homeowners' association or a housing cooperative or other specialized consumer cooperative.
Owners of premises in an apartment building in which a homeowners' association or housing cooperative or other specialized consumer cooperative has not been created and which is managed by a management organization, pay fees for residential premises and utilities to this management organization.
Owners of premises in an apartment building who directly manage such a building (see Articles 161, 164 of the Code) pay for residential premises and utilities in accordance with agreements concluded with persons carrying out the relevant types of activities.
Owners of residential buildings pay for services and work on their maintenance and repair, and also pay for utilities in accordance with agreements concluded with persons engaged in the relevant types of activities.
Owners of premises in an apartment building pay for services and work on the maintenance and repair of these premises in accordance with agreements concluded with persons carrying out the relevant types of activities.
It is advisable to take into account that, according to Part 11 of Art. 155 of the Code, non-use of premises by owners, tenants and other persons is not grounds for non-payment of payment for residential premises and utilities. In the temporary absence of citizens, payment for certain types of utility services, calculated on the basis of consumption standards, is carried out taking into account the recalculation of payments for the period of temporary absence of citizens in the manner approved by the Government of the Russian Federation.
The management organization is obliged to inform in writing the owners of residential premises in an apartment building about changes in the amount of payment for residential premises and utilities no later than 30 days before the date of submission of payment documents, on the basis of which payment for residential premises and utilities will be paid in a different amount , unless a different period is established by the management agreement.
Payment for residential premises and utilities is also regulated by the Rules for payment by citizens of housing and utilities, approved by Decree of the Government of the Russian Federation of July 30, 2004 N 392 *(24) . The specified legal act is applied to the extent that does not contradict the Code (see Article 4 of the Introductory Law).
It is also important to pay attention to the fact that the Code established the legal (civil) liability of persons who did not timely and (or) not fully pay for housing and utilities (Article 155). Such persons are obliged to pay the creditor a penalty in the form of penalties in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, in effect at the time of payment, from the amounts not paid on time for each day of delay, starting from the next day after the due date for payment until the day of actual payment, inclusive.
At the same time, the mandatory norm of the Code introduced a ban on increasing the specified amount of penalties. Therefore, in the relevant housing contract it is possible to provide only a reduced one, compared to that provided for in Art. 155 of the Code, the amount of such a penalty. Changing the amount of penalties established by the Code, by the unilateral expression of the will of a party to a housing contract, without the consent of the other party should be considered impossible.
It appears that the provisions of Art. 155 of the Code cannot be interpreted restrictively: a penalty in the form of penalties is not provided for in it as an exclusive sanction (see paragraph 2, paragraph 1, article 394 of the Civil Code of the Russian Federation). Therefore, it is advisable to keep in mind that the civil liability of the debtor in such cases may not be limited to the payment of a penalty. It is also possible to impose on him the obligation to compensate the creditor for losses (if it is proven that they arose as a result of untimely and (or) incomplete payment for residential premises and utilities) in the part not covered by the penalty (see Articles 393, 394 of the Civil Code of the Russian Federation). Let us remind you that according to Art. 15 of the Civil Code of the Russian Federation, losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil circulation , if his right had not been violated (lost profits).
The amount of payment for residential premises is determined in accordance with the provisions of Art. 156 of the Code. In this case, the fee for the maintenance and repair of residential premises is set in an amount that ensures the maintenance of common property in an apartment building in accordance with the requirements of the law. The criteria for establishing the amount of payment for the use of residential premises (rental fees), fees for the maintenance and repair of residential premises vary depending on the categories of users of residential premises, ownership of the housing stock and other circumstances specified in Parts 2-4 of Art. 156 of the Code.
Payment for the maintenance and repair of residential premises is established in an amount that ensures the maintenance of common property in an apartment building in accordance with the requirements of the law. The amount of payment for the maintenance and repair of residential premises for owners of residential premises who have not decided on the choice of method of managing an apartment building is established by local government bodies (in the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg - by the state authority of the corresponding constituent entity of the Russian Federation ).
The amount of payment for the maintenance and repair of residential premises in an apartment building in which a homeowners' association or a housing cooperative or other specialized consumer cooperative has not been established is determined at a general meeting of owners of premises in such a building, which is held in the manner established by Art. 45-48 of the Code. The amount of payment for the maintenance and repair of residential premises in an apartment building is determined taking into account the proposals of the management organization and is set for a period of at least one year.
The amount of mandatory payments and (or) contributions of members of a homeowners association or a housing cooperative or other specialized consumer cooperative associated with the payment of expenses for the maintenance and repair of common property in an apartment building is determined by the management bodies of the homeowners association or the management bodies of the housing cooperative or the management bodies of another a specialized consumer cooperative in accordance with the charter of the homeowners’ association or the charter of a housing cooperative or the charter of another specialized consumer cooperative.
Changes in the amount of payment 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 are determined in the manner established by the Government of the Russian Federation.
In addition to the provisions of the Code, determining the amount of payment for residential premises and utilities is subject to the rules established in the by-laws. For example, by Decree of the Government of the Russian Federation dated February 17, 2004 N 89, the Fundamentals of pricing in the field of housing and communal services were approved *(25) . In recent years, the Government of the Russian Federation has also established federal standards for payment of housing and utilities for the corresponding year *(26) .
The amount of payment for utility services is determined based on the readings of metering devices, and in their absence - based on the standards for the consumption of utility services determined by local governments, and in Moscow and St. Petersburg - by state authorities. Payments for utility services are calculated on the basis of tariffs (prices) established by the authorities specified in Part 2 of Art. 157 of the Code.
At the same time, the basis for regulating tariffs of public utility organizations providing electricity, heat, water supply, water disposal and wastewater treatment, disposal (disposal) of solid household waste, as well as surcharges on prices (tariffs) for consumers and surcharges on tariffs for goods and services organizations of the public utility complex are determined by the Federal Law of December 30, 2004 "On the basis for regulating tariffs of organizations of the public utility complex" *(27) . In addition, when calculating fees for utility services, it is necessary to take into account other acts of current legislation *(28) . The principles of pricing for electrical and thermal energy in the Russian Federation were approved by Decree of the Government of the Russian Federation dated February 26, 2004 N 109 *(29) . The same resolution approved the Rules for state regulation and application of tariffs for electrical and thermal energy in the Russian Federation.
In accordance with Art. 157 of the Code, the rules for the provision of utility services are approved by the Government of the Russian Federation. At present, the Rules for the provision of utility services, approved by Decree of the Government of the Russian Federation of September 26, 1994 N 1099, continue to apply *(30) . They are valid to the extent that they do not contradict the Civil Code of the Russian Federation, the Code and the Law of the Russian Federation of 02/07/1992 as amended by the Federal Law of 01/09/1996 “On the Protection of Consumer Rights” *(31) .
Utilities paid by residential users must be provided in accordance with established standards. Violation of the standard level or regime for providing the population with public utilities is recognized as an administrative offense under Art. 7.23 of the Code of Administrative Offenses of the Russian Federation, which entails punishment of officials and (or) legal entities guilty of its commission in the form of a fine.
It is also advisable to keep in mind that citizens who are users of residential premises are considered as consumers of the work and services they pay for in the housing sector. Relations regulated by legislation on the protection of consumer rights may arise from contracts for the rental of residential premises, including social rental, in terms of the performance of work, the provision of services to ensure the proper operation of the residential building in which the residential premises are located, for the provision or provision of the tenant necessary utilities, carrying out routine repairs of common property of an apartment building and devices for providing utilities *(32) . Therefore, in cases where the rights of consumers of work and services in the housing sector are violated, such citizens have the right to demand in court the recovery of a very large penalty from violators in cases provided for by the Law of the Russian Federation of 02/07/1992 as amended by the Federal Law of 01/09/1996 " On the protection of consumer rights" and use other methods of protecting your rights established in Art. 28-32 of the said Law of the Russian Federation.