The rights of citizens in a communal apartment. Basic rules for living in a communal apartment. The right to dispose of the premises
Not everyone is lucky to have a separate living space for their family and half the trouble if you share your square meters with relatives who seek to negotiate with you. Things are much worse for those who have purchased a room in a communal apartment.
It is often difficult to communicate with neighbors on the floor or house, so many simply ignore them, but if your neighbor shares the same kitchen, corridor and bathroom with you, then you can’t hide from the problem. The main "stumbling block" very often becomes the difference in age and upbringing, because of which people's views on the same problem are radically different.
Experts in the field of psychology have prepared several tips that will help, if not to become friends with other residents of the communal apartment, then at least to establish normal adequate communication with them, which will make it easier to solve problems that arise and save nervous system in order.
Avoid Gossip
No matter how much you want to gossip about the next suitor of a new neighbor or the outdated advice of the "God's dandelion", who shares a communal apartment with you and at the same time tries to teach life, keep your mouth shut. Never take part in the discussion of some tenants by others, it is better to leave the common area altogether as soon as such conversations begin. Remember the simple rule: "Don't talk about your neighbors behind their backs if you don't want to be talked about behind yours." If something is wrong, then it is better to say it directly, and not tell everyone in a row about the problem.
Prepare the child
Children, as a rule, do not understand that they can disturb someone with their cry, and besides, they often behave somewhat unceremoniously, but even if someone offers to help you with your offspring (for example, to look after him), remember that all responsibility for his behavior lies primarily on you.
Try to initially teach him not to make noise in the evenings, when everyone is at home or during daytime hours (lunchtime sleep is necessary not only for small ones, but also for the elderly). If someone else’s child bothers you, then try to immediately set clear boundaries and observe them yourself. Inviting the baby to your room once, you may get a frequent visitor, so it's best to always stipulate the rules in advance. At the same time, do not scold someone else's child, it is much better to report the offense to his mom or dad.
Pets
Naturally, there are pets that will live exclusively in your room and will not bring trouble to any of the neighbors - fish, turtles, hamsters. If you dream of a big dog or loud parrots, then be sure to consult with your neighbors, as such pets can bring trouble to them and become a reason for constant quarrels.
Noise
Nobody likes noisy neighbors, so try not to give rise to conflicts. Family quarrels, heavy music on powerful speakers or a home theater at full volume - if you can’t imagine life without it, then at least you should take care of soundproofing your living space, or do it at a time when all the other neighbors are out of the house. Separately, I would like to say about the rhythms of the day - if they do not match for all residents of a communal apartment, then respect the people who rest when you are awake.
Race or religion
We have already written earlier that you should not discuss neighbors behind their backs, it is also better to avoid jokes and jokes about the race or religion of those with whom you share common living square meters.
Personal achievements
You should not brag too much about personal achievements (especially financial ones), the neighbors will not be happy for you, they will rather think about how to cash in on you or discuss behind your back.
Revenge
Even the shadow of a desire to do a minor dirty trick to a neighbor, crush in the bud. Such a decision will be the beginning of a long and useless enmity. Do you really want your home - a place where you can relax from the hustle and bustle of work - to become a real hell? If not, then never harm those with whom you live next to. Almost every conflict can be resolved with a simple conversation.
routine
Gather all the neighbors together and agree on a cleaning schedule for common areas. Each tenant must clearly know their duties and conscientiously fulfill them. You can also agree not to linger for a long time in the bathroom or toilet in the morning or evening hours, when a queue of those who are in a hurry to work or on business can line up outside the door.
Politeness
Regardless of how old you are and what gender you are, always try to be the first to say hello to your neighbors, hold the door in front of the person walking behind if his hands are busy. A little help and simple courtesy will give you a couple of head start points when you need something from people living nearby (trust me, such moments come more often than you think, even if you consider yourself an independent person).
Alien household items and alien territory
good-neighbourly a good relationship they don’t give you the right to use someone else’s dishes without asking in the kitchen; you also shouldn’t go into the neighbor’s room without knocking and allow yourself other similar actions.
Do not forget to wash the dishes immediately after use and wipe the table in the common kitchen, if you are very tired, it is better to leave a stack of plates in your room, and not in the sink, to which all residents have access. Remember, the balcony where your laundry hangs can be certain moment others will need it, so check your underwear periodically and take it off on time.
Appearance
In your personal living space, you can even walk in a negligee, but in the common corridor and other places where you can run into neighbors, appear only in decent shape - no dressing gowns that barely cover your ass and chest, or family shorts and a bare torso.
If you've just come from the street, wash your hands before entering the kitchen (and better yet, change your clothes). When you come after celebrating someone's birthday "drunk", try not to make noise and go to your room as soon as possible so as not to frighten others with your behavior and the smell of alcohol.
And most importantly - respect other people, then you will be treated with respect!
Use of residential premises in a communal apartment.
1. Communal apartment.
Communal apartment- an apartment with several living quarters(rooms) owned two or more users or owners who are not members of the same family, on the basis of separate agreements, transactions, other actions provided for by law, sharing auxiliary premises (common areas of the apartment) and engineering equipment in common areas.
In the same communal apartment, several rooms may be owned by the state and provided to residents on the basis of a social tenancy agreement, while the other part of the rooms may belong to the people living in them. All other property (corridors, kitchens and bathrooms) belongs to the common property. The owners own it on the basis of common share ownership. The size of the share in the ownership of the common property is proportional to the size of the room. The owner of a room in a communal apartment bears the burden of maintaining the common property in accordance with his share.
Rules for living in a communal apartment and the rights of neighbors.
Living together in one apartment, as you know, is often accompanied by constantly emerging conflict situations that can last for decades and significantly complicate living conditions.
There are no statutory rules for cohabitation., that is, in fact, either the residents have to negotiate on their own, or seek out any provisions from the codes. The easiest option is, of course, a compromise. After all, it is much easier to come to an agreement than to call the police to each other, put up partitions or lock public places. But compromise is not always possible.
The main subject of controversy is the different ideas of the tenants of a communal apartment about the rules of cohabitation. Consider the main manifestations of these disagreements:
1)Noise, din, loud sound TVs, dancing, etc.
Roommates are different: some are quiet, calm, others are rude and noisy. Of course, residents have the right to watch TV and dance, but only until 23:00. This is provided for by the Civil Code of the Russian Federation. That is, if any claims are made to you about the fact that after nine in the evening you need to talk in a whisper, you can refer to the code. On the other hand, if your rights are already violated after 23:00, the code is again on your side.
2)Use of common areas in a communal apartment
Common areas include kitchen, corridor, hallway, bathroom, toilet.
According to the civil code, everyone legally residing in this apartment has the right to use these places, but no law can clearly prescribe exactly how they should use it. Theoretically, all these territories should be distributed according to the shared principle, but in practice it becomes clear that it is not possible to occupy half a square meter in a toilet for 24 hours.
If neighbors interfere with the use of, for example, a bathroom or a corridor, then they violate the rights of other residents.
Even if several families live in the apartment, it is necessary to make sure that the total area is used by everyone. In case of misunderstanding, you can draw up graphs.
As for the common property in a communal apartment, it includes a gas stove, cabinets, bedside tables, doors. Shared furniture is not difficult to separate, and in most cases there are no conflicts. If speak about gas stove, you can allocate the hotplates or the time of use.
Guests- That's a very difficult question. It is with them that problems often arise. Persons legally residing in a communal apartment have the right to invite guests to their place. Guests, in turn, have the right to use common areas. Residents of other rooms cannot interfere with this. Not a single code says on what schedule tenants have the right to invite guests, so the decision of these issues again falls on the tenants themselves.
Suppose that two families live in different rooms of a communal apartment. One of them was visited by a friend who wants to temporarily live. This is prohibited by law. After 23, neighbors have the right to call the police and forcibly evict such friends. But if the residence of an outsider is very important, then at least one square meter of the area of \u200b\u200bthe apartment can be registered as his property.
5)Smoking in a communal apartment and causing other damage
One of the most difficult issues is smoking in a communal apartment. If neighbors smoke in a communal apartment, it is a disaster for other tenants. Unfortunately, the smoking ban in in public places does not work for us. You can call the police and sue.
6)Dog and cat in a communal apartment
The residence of a dog, cat and other living creatures in a communal apartment is allowed if the neighbors do not have contraindications for health and have their written consent. If you plan to keep a dog, make sure you have written consent from your neighbors as well. If your rights are infringed, for example, a dog barks, then you can complain, the law allows dogs and cats to live in apartments where several families live.
7) Common areas in a communal apartment (common property and area) and their repair.
Communal apartments are multi-occupied apartments in which several families very often live, in some cases rooms are rented out, in general, a variety of people who have different views on life have to crowd under one roof, etc.
Common areas in a communal apartment are a kitchen, a corridor, an entrance hall, a bathroom and a toilet.
If, in a two-room communal apartment, two families officially live, one of them consists of two people, the other of four. These families pay for repairs in proportion to the number of people living. If all residents agree, then the repair is carried out and its cost is shared among them, but some neighbors do not want to pay for repairs.
In this case, it is necessary to proceed as follows: call the employees of the housing office, who will draw up an act of examining the technical condition of the dwelling. It includes an estimate for the repair. This document is the legal basis for the repair. Further, with this document, you must contact the neighbors who do not want to do repairs. If they refuse, you can take on all the repair costs, and then, based on this act, recover the costs from them through the courts.
It is very important to contact the Housing Office to draw up an act, because this act is evidence that repairs are currently needed to prevent the destruction of the premises.
2. Privatization of rooms in a communal apartment.
Privatization- a form of property transformation, which is the process of transferring state (municipal) property into private hands.
citizens Russian Federation occupying residential premises in the state and municipal housing stock, including housing stock, which is under the economic management of enterprises or the operational management of institutions, on the terms of social hiring, have the right, with the consent of all adult family members living together, as well as minors aged 14 to 18 years acquire these premises in ownership on the terms provided for by the Law "On the Privatization of the Housing Fund of the Russian Federation".
When a tenant (tenants) privatizes one or more rooms in a communal apartment, an isolated living space (a room or several rooms) in a communal apartment, and not the apartment as a whole, acts as an object of privatization. The consent of tenants of other rooms for privatization is not required. When registering the right, a certificate is issued, in which the room (rooms) is indicated as the object of the property right. The owner of a privatized room (rooms) shall have the right of shared ownership of common property in a communal apartment.
In order to privatize a room in a communal apartment, you must:
An identity document of the applicant (passport, military ID, etc.).
Statement of a public authority or local self-government body, enterprise, institution on state registration of the right and transfer of the right of state or municipal property.
Documents confirming the emergence of the right of state or municipal property or the right of economic management or operational management of a dwelling.
Application for state registration of the right of a citizen.
Payment document confirming the payment of state duty for state registration citizen's rights.
The contract for the transfer of residential premises to the property.
The plan of the residential premises to be privatized, certified by the relevant organization (body) for the registration of real estate objects.
Certificate of housing authorities on persons living in residential premises (copy of personal account, certificate of housing department, certificate of HOA, etc.).
Permission of guardianship and guardianship authorities in cases of transfer of ownership of residential premises in which only minors live.
3. Renting out a room in a communal apartment.
Renting a room in a communal apartment has a number of specific features. Compared to a separate apartment, when renting a room, you will have to spend more time, comply with a number of norms and, in addition, take into account the interests of third parties - neighbors in a communal apartment.
The peculiarity of renting a room in a communal apartment is that it is necessary to take into account the interests of neighbors. That is, if the room is owned, then the consent of the neighbors to move in a temporary tenant is not required by law, and if it is rented under a social contract (belongs to the city), then it is mandatory.
If the room is not privatized.
In order to rent a non-privatized room in a communal apartment, a number of formalities must be observed:
1. it is to obtain the written consent of the owner of the housing. In this case, it is the local government, that is, the Housing Committee.
2. obtain the consent of all people living in a communal apartment, including family members of the tenant himself (Housing Code of the Russian Federation, Art. 76.).
Grounds for restriction for delivery:
1) moving in by a subtenant, the amount of living space per each resident must not be less than the established norm.
2) it is not allowed to sublease the premises if a patient suffering from severe forms of certain chronic diseases lives in it or under a lease agreement will live.
Owned room.
It is much easier for owners of privatized rooms in communal apartments. When renting, the permission of the municipality, as well as neighbors, according to the law, is not required. By law, only the consent to the lease of all adult tenants registered in the room is required, their approving signatures must be in the lease agreement.
Common areas must be used in a way that respects the rights and interests of all neighbors. The conditions for the use of common areas should be specified in the lease agreement, and in as much detail as possible. The more carefully the conditions are described in the contract, the less likely it is that disagreements will arise in the future.
The main limitation for renting a privatized room may be the norm of living space established by law per person. Today it is 12 square meters. m. That is, only one person can live in a 12-meter room. If the landlord acts contrary to the law and settles two or even more tenants, the neighbors can sue. Since the "overcrowding" of the room will violate the norm for the use of common areas, and thereby infringe on the rights of other residents.
4. Features of the sale of rooms in communal apartments.
In order to sell a room in a communal apartment, you must meet several conditions:
1. A room in a communal apartment must belong to you by right of ownership (you acquired the room through privatization or by inheritance, under a sale and purchase agreement, or it was presented to you.)
Ownership of the room is confirmed by a certificate of ownership and a document-the basis for acquiring ownership of the room (a contract of sale or donation, or a certificate of inheritance, respectively).
2. When a room in a communal apartment belongs to several owners, it is necessary to obtain their consent in order to sell it. If one of the owners is a minor, then you need to obtain the consent of the guardianship and guardianship authorities.
3. You also need to consider that a room in a communal apartment is part of a single object - an apartment. All owners in a communal apartment own, on the basis of common shared ownership, common areas in this apartment used to service more than one room.
Therefore, it is important for the owner to take into account the right of first refusal, which the owners of other rooms in the communal apartment have. When selling a room, the owner of a share in the right of common ownership is obliged to first offer to purchase it to the owners of other rooms in this apartment. They have preemptive right purchase of your room at the price for which it is sold, and on other equal terms.
The owner must notify the other participants in shared ownership (neighbors) in writing (notarized form) of the intention to sell his room to an outsider, indicating the price and other conditions on which the right holder sells it.
And only if the neighbors refuse to buy or do not confirm their desire to purchase a room within a month, the owner has the right to sell it to any person at the price indicated in the written notice. If the owner sells a room in a communal apartment, violating the right of first refusal, then other participants in shared ownership have the right to go to court within three months with a request to transfer the rights and obligations of the buyer to them. In this case, the assignment of the pre-emptive right to purchase a share is not allowed.
Documents that are required to complete a transaction for the sale of a room:
1) Documents of title to the room (certificate of ownership and the basis document on which your ownership was acquired (contract of donation, transfer, sale and purchase, certificate of inheritance, etc.);
2) BTI documents: Explication, Cadastral plan;
3) Extended extract from the house book - (valid for 1 month);
4) Certificate from the tax office on the absence of tax arrears (if the room was received into ownership under a donation agreement, a certificate of inheritance);
5) Presence with a passport or notarized consent of the spouse (if any) to the alienation or acquisition of real estate (certificate of marriage is required);
6) If minors are involved in the transaction (they are owners), then you need a certificate from the guardianship and guardianship authorities on consent to the alienation or acquisition of residential premises (a birth certificate is required);
7) Presence with a passport or a notarized statement of waiver of the pre-emptive right to purchase alienated real estate of other owners (neighbors);
8) Application (the form is issued at the Office of the Federal Registration Service);
9) Receipt of payment of state duty (for each party to the transaction);
10) Presence of the parties to the transaction with passports or their authorized representatives under a notarized power of attorney (copies of the passports of the parties to the agreement will be needed).
These documents are submitted to the Office of the Federal Service for State Registration, Cadastre and Cartography.
5. The right to a vacant room.
In connection with the adoption of the Decree of the Constitutional Court of the Russian Federation of November 3, 1998 No. 25-P, when the restriction on the privatization of residential premises in communal apartments was lifted, the number of rooms vacated in communal apartments has sharply decreased, since a significant number of elderly people, living in these apartments, privatize the rooms and bequeath them to their relatives.
Rooms in communal apartments are being vacated and citizens living in this communal apartment are striving to add the vacated rooms to the already occupied living quarters. In accordance with the current legislation, the vacated residential premises include the following: Living spaces:
1. premises that were vacated in connection with the provision of it to an employer in need of improvement living conditions, other residential premises;
2. premises that were vacated in connection with the departure of the tenant for permanent place residence in another place;
3. recognition of the tenant as having lost the right to housing;
4. termination of the lease due to the death of the tenant and other similar cases.
It should be noted that the rules for settling vacated residential premises apply only to residential premises in the houses of the state and municipal housing stock.
The tenants of other residential premises in this apartment who need to improve their living conditions, and in the absence of such, citizens who have living space less than the established norm per person.
Options for providing vacated residential premises:
Option number 1. The apartment was vacated living space adjacent to another living space. In this case, in accordance with part one of Article 59 of the Housing Code of the Russian Federation, the vacated residential premises in a communal apartment in which several tenants and (or) owners live, on the basis of their application, are provided under a social tenancy agreement to tenants and (or) owners living in this apartment , if at the time of vacating the dwelling they are recognized or can be recognized in accordance with the established procedure as poor and in need of residential premises.
Option number 2. IN in accordance with part two of Article 59 of the Housing Code of the Russian Federation, the vacated residential premises are provided under a social tenancy agreement to tenants and (or) owners living in this apartment who may be recognized as poor in the prescribed manner and who are provided with a total area of \u200b\u200bliving premises per family member less than the provision rate based on their application.
Option number 3. IN in accordance with part three of Article 59 of the Housing Code of the Russian Federation, the vacated residential premises are provided under a sale and purchase agreement to citizens who are provided with a total area of \u200b\u200bliving premises per family member less than the provision rate, based on their application.
Option number 4. IN in accordance with part four of Article 59 of the Housing Code of the Russian Federation, moving into a vacant dwelling is carried out on the basis of a social tenancy agreement.
List used literature:
1. Civil Code of the Russian Federation
2 . Housing Code of the Russian Federation (LC RF) dated December 29, 2004 N 188-FZ
3. Law of the Russian Federation "On the privatization of the housing stock in the Russian Federation" dated 04.07.1991 N 1541-1
4. Rules for the use of residential premises Approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25
5. Actual problems of housing law / Ed. ed. E.S. Getman, P.V. Krasheninnikov. M., 2003.
6 . Civil Law: Textbook: In 2 vols. 2nd ed. / Responsible. ed. E.A. Sukhanov. M., 2004. T. 2.
7. Ivanov A. Real estate issues in the new Housing Code of the Russian Federation//Economy and Law. 2005. N 6.
8. Krasheninnikov P.V. Housing law. 2nd ed. M., 2001.
9. Krasheninnikov P.V. Transactions with residential premises: A commentary on civil and housing legislation and the practice of its application. 2nd ed., revised. and additional M., 1999.
10. Tolstoy Yu.K. Housing law: Tutorial. M., 1996.
By following the rules of living in a communal apartment, you can avoid many conflict situations that often arise between neighbors. In addition, many aspects of this direction are prescribed at the legislative level.
Guests in a communal apartment
- The tenant, without the consent of the neighbors, has the right to invite guests to his place;
- Guests have the right to use places intended for common use, neighboring residents have no right to interfere with this;
- According to the legislation, the reception schedule for guests is not established, but by joint agreement of the residents, a rule can be established;
- Guests are not entitled to create noise, litter on the territory, do not follow the established procedure;
- Guests are not allowed to live permanently in a communal apartment.
- The terms of stay of guests and the number of persons are not specified in the legislation.
Common areas in a communal apartment
Common areas in the community include:
- kitchen room;
- Toilet;
- Corridor;
- Hallway;
- Balcony;
- utility rooms;
- Bathroom.
All tenants have equally equal rights to common rooms. It is possible to furnish furniture inconsistently only areas adjacent to the private room. It is forbidden to infringe the rights of neighboring residents on the territory of common use. You can not clutter up the space with personal belongings and furniture.
The legislation does not establish the sequence of use of these premises, everything is decided collectively, disagreements and contentious issues are resolved through the courts. Retain the right to use common areas already former owner, who sold his share, cannot. All rights are transferred to the new owner who has acquired this share.
Common property cannot be sold.
Common area cleaning
- Each resident is obliged to clean up household waste, wash dishes, bring the bathroom and shower in proper condition, immediately after use;
- Weekly cleaning by arrangement. More often than not, cleaning is done according to a schedule. When drawing up the schedule, the number of people living in each of the rooms and the share of the tenant's property in the apartment are taken into account;
- Residents are required to clean their apartment, this issue is considered at the legislative level;
- Every resident is financially responsible for the condition of the apartment and property.
In this article, we discussed in detail the question of what is included in the maintenance of housing.
Renovation of premises for general use
Repair of common rooms is carried out by residents themselves. On cash the owners themselves. Repair work can be carried out by hired workers of the appropriate profile.
To start the process, a preliminary inspection of the premises requiring repair is carried out, with the presence of:
- All tenants of the apartment;
- Representative of the repair team;
- A person from a homeowners association;
- Representative from a company providing services to the home;
- Man from the management company.
After the inspection, acts are written that indicate in writing that the premises require repair.
After the tenants decide to carry out repairs, new documents are written, where it is necessary to prescribe:
- To what extent the premises comply with the conditions of the legislation of the Russian Federation;
- How will safety for residents be ensured during the repair work;
- What works are planned to be carried out and what are the costs of their implementation;
- How will possible defects be eliminated.
If one of the owners refused to participate in the repair, then the neighbor may take responsibility to pay part of the amount for the negligent tenant. In the future, through the court, he will be able to return his money.
Since the property belongs to all residents, redevelopment can only be carried out with the general consent of the owners. Moreover, everything must be done in writing with the participation of a notary. To avoid unnecessary problems in the future, this is a mandatory process.
Moreover, permission from the neighbors is not enough, the appropriate authorities must also approve the plan. To do this, you need a clear sketch of the redevelopment and the owner's documents for a share of the premises. Bearing walls are not subject to redevelopment.
- Permissible noise level in a communal apartment.
In the legislative system, the rights of residents in this matter are regulated. Noise is one of the most common causes of conflict situations in a communal apartment. In case of violation of the rules and regulations, administrative penalties are appropriate in this regard.
Mode set:
What can break the silence at night:
- Use of television or radio equipment above the permissible noise level;
- Use of musical instruments(guitar, violin, etc.), singing songs, screaming;
- Carrying out work on the repair of premises using loud-sounding tools and appliances;
- Use of pyrotechnics;
- And other activities that contribute to noise pollution.
If the established rules are not followed, a fine may be imposed.
Smoking in a shared apartment
The Tobacco Smoking Reduction Act prohibits the following places:
- health care institutions;
- Airplanes and other transport aircraft;
- Shuttle taxis and buses;
- Workplaces;
- Sports establishments;
- On the territory and in the buildings of educational institutions;
- cultural institutions;
- Entrances of houses;
- State institutions. type.
There is no direct law prohibiting smoking in a communal apartment. However, there is an article that says that: "Smoking is the inhalation of smoke from smoldering tobacco products."
Cunningly operating on these and other data, it can be proved that smoking one of the tenants of an apartment in a common area means using this room, contrary to their purpose, for personal purposes.
The infringement of the rights of neighbors consists in the fact that such use of a room in a communal apartment is contrary to the desire and interests of neighboring residents. For this reason, if a smoker neighbor does not want to agree with you calmly, then you should contact the courts.
- Pets in a communal apartment.
There is no law that would prohibit keeping pets in a communal apartment. However, not so long ago, it was allowed to keep animals only with written permission from all neighbors. These rules have now been removed.
But you can keep animals only if the neighbors have no contraindications to them. If there are still contraindications, their consent is needed. For example, if one of the tenants is allergic to wool. Or, for example, if the rights of other residents are violated.
For example the dog barks loudly at night. In such cases, neighbors can apply to the courts.
In general, if you decide to get a pet, you need to make sure that you do not violate:
- The rights of neighbors;
- Sanitary and epidemiological indicators;
- Environmental norms and rules;
- Fire safety standards.
- Payment of utilities in the apartment.
Tenants are required to pay for a communal apartment in proportion to their territory in the apartment. Earlier we talked about what is included in utilities.
There are options:
- If there are individual metering devices. Each tenant pays for services using their own meters. And utility payments for the use of public territory are divided by common agreement.
- If there are no individual devices, payment is made by common agreement of the parties. Maybe depending on the number of living people or on the area that each occupies.
If the neighbors themselves failed to resolve this issue, then the rules for payment look like this:
- To pay for electricity, the power of the appliances used in each room and their number are calculated;
- For heat energy, payment is made relative to the territory of ownership of each tenant in the apartment;
- Payment for gas and water is calculated based on the number of living people (residents and guests) living in a room for more than a month;
- “Repair and maintenance” is paid depending on the share in common areas and on the basis of the share of premises.
For a neighbor who does not pay for services, the state does not force other residents to pay off his debts.
Based on Article 250 of the Civil Code of the Russian Federation, Neighboring tenants in the apartment have an advantage in buying a room on the territory of a communal apartment. If they do not want to use this privilege, they are required to provide you with a replacement waiver. This document is required for the transaction.
It happens that neighbors are not going to buy a room and do not give you a written refusal. Then you can send them notices in writing certified by a notary. If a neighbor has received such notification, it is considered that he has been notified. If within a month there is no response from him, this is treated as a refusal.
If the owner is a person under the age of majority, then the refusal is accepted only with the participation of guardianship and guardianship authorities.
If one of the neighbors acquires a share from you, you do not need to notify the other tenants.
The seller may be denied the transaction if all owners are not notified of this action. A transaction made without notifying neighbors can be liquidated within a month after the sale. If the neighbor has a good reason why he missed this deadline, under Article 205 of the Civil Code of the Russian Federation, his powers will be restored to him. And he will be able to redeem this share.
- Rights to the vacated room.
If the tenant of a room in an apartment under a social contract. hiring frees it, then tenants and owners have another right to this area:
- First of all, citizens identified as poor and in need of better living conditions;
- Further, the poor, whose area is too small for all family members to live;
- After everyone is interested, buy a share.
These citizens can use housing under a social contract. hiring.
If there are none, housing can be transferred to a needy person standing in line.
If you want a quiet measured life in a communal apartment, remember:
- That all people are equal, do not look down on them, even if you are a professor.
- Do not gossip, especially if you do not want the same in your address.
- Everything said in the future can be used against you, filter your speech, even if the neighbors are very good.
- Do not be a nationalist, people of different nationalities often live in a communal apartment.
- If the neighbors have small children constantly screaming behind the wall, it is useless to swear, they themselves are probably doing everything possible to calm the child.
- Wash and clean up after yourself constantly. For creative mess, you have your own personal lair.
- Do not do dirty tricks to your neighbor, be smarter, if this process starts mutually, then it is very difficult to stop it. You need it!
And in a communal apartment you can live happily and painlessly. You just need to be smarter and wiser!
Rules for living in a communal apartment and the rights of neighbors in 2018: common areas, smoking, repairs, cleaning, etc.
Russia along with other countries former USSR has a huge number of communal apartments. In Soviet times, housing problems of millions of citizens were solved with the help of communal apartments, and thousands still live in similar conditions. Russian families.
Life in a communal apartment has its own characteristics. And if you decide to purchase a room, you need to know what rights and obligations you will face.
Law on communal apartments
There is no exact definition of the term "communal apartment" in the legislative and regulatory acts of our country. Most often, this terminology is raised at the regional level in the relevant regulations of regional power structures.
In general, a communal apartment is commonly understood as a type of residential facility, which consists of several separate residential premises. Each room in such an apartment has a separate owner and tenant. In addition to residential premises, there are also certain public areas that all residents have the right to use. We are talking about corridors, kitchens, bathrooms and bathrooms, etc.
Rights and obligations of residents of a communal apartment
When it comes to living together, there are certain rules.
⇒ The rights and obligations of residents of communal apartments are regulated in accordance with the requirements and provisions of Article 30 of the Housing Code of the Russian Federation.
This law is valid in Moscow and in St. Petersburg and in other cities of our country.
In particular, property owners have the right to:
- living in their own room. The owner can live in his premises without any problems;
- free and unhindered use of public places;
- leasing real estate;
- the owners are also guaranteed free disposal of their property.
If the tenant lives on the basis of a social lease agreement, then his rights are limited. In this situation, the owner of the premises will be the municipality, and any decision regarding a particular room will first have to find support from authorized officials.
As for the responsibilities, then everything is quite simple here. Dormitory residents must:
- Maintain cleanliness in your premises and common areas.
- Take part in the life of the team, in particular, resolve issues regarding the schedule of duty and repair of premises.
- Pay utility bills on time. This does not necessarily mean that the premises will be used. The owner may not be there, but he will be required to transfer payment for a communal apartment in a timely manner.
- Monitor the proper condition of the communal apartment.
- Adhere to the rules of public order and moral standards of behavior.
Rules for living in a communal apartment
Rules for living in a communal apartment installed in accordance with the provisions of the LCD RF. Of course, regarding communal apartments, the law is mostly silent, but it still establishes a number of mandatory rules.
If someone does not adhere to them, the offender may well be held liable by court order.
Initially, administrative penalties will be applied against the violator, but if this is not enough, it is quite possible to evict him.
Common areas in a communal apartment
In communal apartments, the presence of certain common areas is mandatory. By default, all residents can freely use the corridor, kitchen, bathroom, hallway and bathroom. At the same time, they may well occupy a certain space with furniture, corresponding to their share.
Regarding the place of general purpose, namely the order of use, the law is silent. Therefore, all conflicts arising on this basis are automatically referred to the court.
It must be understood that in addition to the right to use the common space, residents will also be forced to maintain order in every possible way, and, if necessary, carry out repairs.
Cleaning of common areas
All tenants living in a communal apartment are required to maintain order in common areas and regularly clean. This procedure is regulated by the norms of the Housing Code of the Russian Federation and the Civil Code of the Russian Federation, which indicate that each tenant has an obligation to clean.
Thus, the Housing Code establishes that each tenant bears a certain financial burden for the maintenance of the property of the apartment, and his responsibility will be directly proportional to the share in the common property.
Cleaning premises, or rather the schedule and alternation should be determined by the tenants themselves at a general meeting. The only caveat is that when determining the cleaning schedule, the number of people living in each of the premises is necessarily taken into account. It will be necessary to establish a certain order of duty together.
Renovation of common areas
Regarding the repair of common areas, the greatest number of conflict situations arise. As a rule, most citizens believe that the contribution to the repair directly depends on the share of each of the tenants.
However, in practice this is not the case at all. The law states that everyone uses public places on equal terms, so their contribution to the repair will be the same.
Note that repairs in a communal apartment can begin both by decision of all residents, and at the initiative of the management company. In the latter case, an inspection report and a preliminary cost estimate will be required.
Repair in a communal apartment without the consent of neighbors
Each owner has the right to carry out repairs in the premises belonging to him at his discretion. The exception is situations when repairs are carried out in general areas, or redevelopment of a communal apartment is planned.
If it comes to redevelopment in the premises that will belong to the owner, you will need to obtain written consent from all residents. If at least one of them refuses, then it will be impossible to make the planned repairs.
If the repair is carried out without the consent of the neighbors, they have the right to go to court and obtain the dismantling of the illegal structure that was installed without their knowledge.
Smoking in a shared apartment
The current regulations regarding the restriction of smoking provide that the ban on the use of tobacco products affects all public spaces. Thus, nominally in a communal apartment, you can only smoke in your own rooms. Smoking is not allowed in public areas.
An exception will be situations where all neighbors smoke, or they have allocated a separate room for smokers, equipped in accordance with fire safety standards.
However, in the current regulations, smoking in a communal apartment is not mentioned at all.. However, if a smoker causes discomfort to his neighbors, they have the right to demand that he stop smoking, or may contact the district police officer for support. However, this is the most extreme option, and analysts still recommend trying to negotiate with smokers peacefully.
Pets in a shared apartment
Once there was a special rule, according to which, in order to have a pet in a communal apartment, it was necessary to obtain written consent from all residents. However, after the Decree of the Government of the Russian Federation No. 25 of January 21, 2006 “On Approval of the Rules for the Use of Residential Premises” came into force, this norm was canceled.
However, this does not mean that now it is possible to keep pets in communal apartments without any problems. If the animal is large, and this causes discomfort to other residents, they have the right to insist on the eviction of the animal. It should also be borne in mind that some citizens may have allergic reactions. They may well sue if a peaceful agreement fails.
For those citizens who own pets, you need to remember some rules:
- Pet owners must consider the interests and rights of their neighbors and ensure that they do not have problems because of a pet.
- It is strictly forbidden to keep sick animals in a communal apartment.
- Keeping an animal should in no way violate environmental and sanitary and hygienic standards.
Guests in a shared apartment
The legislator in no way restricts the right of residents of communal apartments to receive guests. You can invite guests to your place without restrictions and without agreement with your neighbors. We also note the fact that guests have every right to use common areas, and any obstruction to them will be a violation.
However, with all this, a number of requirements are put forward for guests of communal apartments:
- guests cannot permanently live in a communal apartment. The exception is when they rent a room;
- guests are obliged to follow ethical and moral standards, and in no way should violate public order;
- It is strictly forbidden to make noise and litter in public places.
Payment for utilities in the apartment
Payment for utilities is made depending on the share of each of the owners in the common property. Most often, regarding payment, two main methods are fixed:
- Each living room has individual metering devices. Payment in this case will occur depending on the performance of the device. As for utilities for the use of a common area, here payments will be made by agreement between residents, or depending on their shares.
- There are no metering devices. In this situation, payment for a communal apartment will be made depending on the number of residents, or taking into account the area occupied by each of the residents.
In general, the following rules will apply regarding the payment of utilities:
- payment for heating is divided among all tenants in proportion to their shares;
- to calculate payments for water and gas, the number of people living in a communal apartment is taken into account;
- payment for the maintenance and repair of the house is paid based on the calculation of shares in common areas and the actual area occupied.
How to sell a room in a communal apartment, do I need to notify neighbors
When selling rooms in a communal apartment, you need to remember the provisions and recommendations of Article 250 of the Civil Code of the Russian Federation. It indicates that the neighbors in the communal apartment will have the pre-emptive right to purchase.
Thus, if the owner decides to sell his share in a communal apartment, he is obliged to notify his neighbors about this, who can exercise their pre-emptive rights at any time. And this must be done in writing.
If the neighbors do not want to redeem the share, they must write a written refusal. In the case where there is no written refusal, it is better to send written notices of the sale to their names. So the owner will be able, in case of problems, to prove that all neighbors were notified about the sale of the room.
Rights to the vacated room
If one of the rooms is vacated, it can be inherited or donated to the owner's heirs. If we are talking about a room owned by the municipality, then the vacated premises can be transferred on the basis of a social tenancy agreement to certain categories of citizens:
- users registered to receive their own housing. It is they who are given rooms in communal apartments;
- low-income citizens and other privileged categories of the population;
- users who are resettled under the emergency buildings resettlement program;
- citizens who have expressed a desire to buy a room from the municipality.
If the rights of those living in a communal apartment and the rules of residence are violated, where to complain, how to write a complaint
Often life in a communal apartment is accompanied by conflict situations. As statistics show, in the vast majority of situations, neighbors in a communal apartment cannot find mutual language, and law enforcement officers often have to intervene.
If the question arose of where to complain, then you need to indicate that conflicts in the communal apartment are sorted out with the participation of the police or the judiciary. If a neighbor violates your rights, no one can forbid you to fight with him and write a complaint. It will need to indicate the circumstances of the conflict that occurred, carefully describe their actions and the reaction of the neighbors to the claims, and also provide an evidence base. She is referred to various photos and video footage witness's testimonies etc.
If a neighbor occupies a common area
If a neighbor arbitrarily seized part of the common premises, it is necessary to file a lawsuit. Since the common areas are divided among the owners according to shares, and their use is carried out on equal terms, the neighbor will be held accountable. In particular, he will be forced to vacate the territory that he occupied bypassing the current rules, to dismantle all structures that violate the rights of other residents, etc.
If a neighbor in a communal apartment is self-governing
If a neighbor in a communal apartment is engaged in arbitrariness, he can be held liable in accordance with the provisions of Article 19.1 of the Code of Administrative Offenses of the Russian Federation. If violations are systematic and judgments the violator does not pay attention, it is possible to initiate the procedure for evicting him from the occupied living space. To do this, it is worth contacting lawyers who will help you find out exactly how to do this.
Let me take a shower
The reason for this phenomenon is the ability to buy, sell, donate and inherit square meters. A resident of the capital, who lives in a communal apartment, also faced one of these communal problems. So, a woman in a three-room apartment had two rooms as property. The third belonged to another lady. But the mistress of one room had another dwelling, and having bought another room, she did not move into it. But from the very first day she began to take extra meters. From that moment on, communal hell began for the mistress of two rooms, who constantly lives in the apartment. Temporary residents used the bathroom, kitchen, corridor and other "common property".
And they greatly complicated the life of the owner of everything that stood on this “common” territory. The fact is that the kitchen and the bath remained indivisible between the mistresses of the communal apartment. And everything that was in the toilet and the corridor belonged to the permanently living hostess. And temporary residents considered it unnecessary to buy hangers and kitchen utensils.
The tired mistress of two rooms went to the district court with a claim for the protection of her civil rights and for non-pecuniary damages. She wanted to be asked permission to move in temporary residents. But the court refused her. Judicial board for civil affairs The Supreme Court, having checked the decisions of district and city colleagues, did not agree with them.
When the district court refused the plaintiff, it proceeded from the fact that current legislation does not provide for such a restriction of the owner's rights as the need to obtain the consent of the owners of other rooms to move strangers into their territory. And "common property", that is, a bath, a kitchen and a corridor, "follows the fate of the ownership of the room." The court referred to Articles 41 and 42 of the Housing Code. The Supreme Court did not agree with these conclusions.
The Supreme Court stated that the owner has the right to “grant temporary possession” to other citizens of his living quarters. But in addition to rights, he also has responsibilities. The owner of square meters is required by law to "observe the rights and interests of neighbors and the maintenance of common property."
According to the Housing Code (Article 41), the owner of a communal apartment owns “premises in the apartment used for maintenance” on the basis of common shared ownership. Simply put, this is the same bathroom. But in the next article of the code (Article 42) it is said that the share in the right of common ownership is proportional to the size of the total area of the owner in the apartment. That is, the owner of two rooms has twice as much share in the kitchen and bathroom.
The law says that common property is used by agreement. It is not possible to agree - the problem is decided by the court. When renting a room, its owner assumes that the tenant will go to the bathroom and the kitchen. But in order to “achieve a balance of interests” with another owner, it is necessary to agree on the use of the kitchen. If it doesn't work, the court must do it.
In our case, there were no attempts to reach an agreement, either peacefully or in court. So indeed, without the consent of a neighbor, you can rent a room, but you can’t use the toilet without her “approval”. Or get a court decision on this issue ..
The Supreme Court concluded that the violation by the district and city courts of the law led to the plaintiff's claims "virtually remaining pending." Decisions in the case of the landlady of two rooms are canceled and the case will be reconsidered.
The article was written based on materials from sites: works.doklad.ru, moidom911.ru, neuristu.ru, rg.ru.
A communal apartment is a special world in which several families get along. Different way of life, habits and upbringing create prerequisites for conflicts between neighbors. The situation is especially aggravated when there are more and more residents ...
Moving unauthorized persons without the consent of the owner, family members of the tenant and all neighbors in a communal apartment is a direct violation of Art. 76 LCD RF. Not to mention the fact that residents who are not registered and do not have registration in a communal apartment are considered illegal residents. Let's look at what can be done in such a situation.
Lack of registration - a reason for eviction?
Registration (permanent registration with a stamp in the passport) is a fact confirming the right to live in a communal apartment.
Registration can be obtained on the basis of:
- Social rent of a room from the state on the basis of a warrant received.
- Acquisition of ownership of the room as a result of purchase, inheritance, donation, etc.
- Conclusion of a contract of employment and consent of the landlord.
The absence of a residence permit for a tenant of a communal apartment may indicate that he lives there illegally. If, moreover, he does not have a registration or a rental agreement with the owner of the room, then the procedure for evicting such a person can be initiated both by the owner and neighbors in a communal apartment.
Being a neighbor of such a "lodger":
- Warn him to leave the room. If not, call law enforcement. Just do not engage in arbitrariness, pushing the tenant onto the landing.
- If the warning doesn't work, get evicted through the courts. Write a statement of claim yourself if the tenant lives in a privatized room, or contact the local administration if the room belongs to municipal property.
Note! These persons will not be able to challenge the eviction, since they do not have evidence of legal residence in a communal apartment.
And if there is not even a temporary registration?
The law requires that 3 months after moving into a communal apartment (for various reasons, for example, a friend came to visit), a person should be temporarily registered at his location. The peculiarity of this situation is that the registration of such a person may be in another place. But his permanent residence (in our case, a communal apartment) must be recorded.
The meaning of temporary registration is that a person is responsible at his location (for example, pays for utilities). Well, I used the rights, of course (for example, a clinic). Lack of temporary registration is also recognized as a violation and entails eviction according to the scheme discussed above.
Important! According to 19.15.1. of the Code of Administrative Offenses of the Russian Federation, an employer who allowed a person to live in a communal apartment without registration will pay a fine of 2 to 5 thousand rubles, and an illegal tenant - from 2 to 3 thousand.
Who initiates the issue of eviction?
If the owner of the illegally seized residential premises is the municipal authorities, then it is they who will have to file a claim for eviction. If a private-type premises is occupied, then the eviction procedure can be initiated by both its owner and neighbors.
It must be remembered that the release of a room in a communal apartment is possible only by a court decision. . In both cases, it is necessary to provide evidence of the illegal presence of tenants in such an apartment.
Eviction from a communal apartment through the court - step by step actions
Consider the phased actions when evicting unregistered neighbors from a communal apartment:
The first stage of eviction is a warning
Neighbors have the right to verbally or in writing warn illegal tenants of the need to leave the communal apartment. If the occupied premises is privately owned, they can also address claims to the owner. When the premises are municipal, you can write an application to take action against negligent residents. And then the employees of the local authorities will take measures to prevent the eviction.
On the basis of Article 35 of the Housing Code of the Russian Federation, a period will be established during which the tenant is obliged to stop using the living space. If, after the expiration of the specified period, a person does not move out of the communal apartment, you can call a district police officer who will check the tenant's right to the occupied area. Given that there are no such documents, a protocol on illegal residence will be drawn up. This document can be used in court to prove the illegal presence of a person in an apartment.
The second stage of eviction - preparation for trial
For the purpose of eviction, the following documents are collected (regardless of the initiator):
- The lawsuit itself, written according to the rules of the Code of Civil Procedure.
- Documents that reflect the type of ownership of the premises (municipal or private).
- Evidence of the illegality of living in a communal apartment (including the testimony of witnesses, an act of housing inspection, protocols of the district police officer, etc.).
The third stage of eviction - substantiation of the claim
The basis for going to court is a violated right.
If the owner is a municipality, then illegal residence violates the mechanism for issuing residence permits and concluding a social tenancy agreement. Because the employer is responsible for intended use residential premises. And for the fact that exactly those persons who are included in the warrant or in the sublease agreement live in it.
An outside tenant violates the rights of other members of the tenant's family, because it reduces the size of the living space occupied by each of them. In addition, the accommodation of an "extra" person
In view of this, neighbors, the employer himself or members of his family can report violations of their rights to local authorities. Having identified the circumstances, the authorities will draw up an eviction claim and file it in court.
The fourth stage of eviction - consideration of the claim and making a decision
The claim must:
- Be written by an authorized person. Neighbors cannot sue if tenants occupy community property. In this case, the claim is filed by the local administration.
- Contain data on the disputed housing, its owner and legal owner (who owns and who rents legally).
- Reflect information about the reason for eviction (illegal residence, absence for more than 6 months).
- Accompanied by evidence of a violation of the rights of the owner of the living room.
Important to remember that a room in a communal apartment owned by a private person can be inherited. Registration in it is issued no earlier than six months, since it is this period that the law allocates for entering into an inheritance. On the other hand, the Civil Code of the Russian Federation (clause 2, article 1153) allows the heir to enter into the actual inheritance earlier than this period, i.e. move into such a room.
Therefore, when filing an eviction claim with the court, it is necessary to take into account all possible factors and reasons for the lack of grounds for the residence of a "suspicious" person. Although, in general, the fact of illegal residence is easily proved. And in these cases, the court makes a positive decision.
Important! The eviction of illegal tenants is not accompanied by the issuance of another room to them!
Lack of accommodation - a reason for eviction?
According to part 3 of Art. 83 of the LCD of the Russian Federation, the employer and his family who left the communal apartment for long period, lose their right of residence from the date of departure. From this moment on, the contract of social employment is terminated with them.
What does it mean? If a neighbor in a communal apartment, being a tenant, does not live in his room, then through the court the local authorities may recognize him as having lost the right to reside. Consequently, we are not talking about eviction as such, but about the termination of the contract of social employment.
Taking into account:
- Reasons for absence (voluntarily or involuntarily).
- Time of absence (for example, went to study, ended up in the hospital, etc.).
- Acquisition of the right to use other housing, etc.
When a neighbor is the owner of a communal dwelling, he cannot lose the right of ownership due to his absence.
Reference: The owner (local authorities), the remaining family members can initiate the procedure for recognizing the loss of the right to use the premises.
Conclusion
It is prohibited by law to arbitrarily evict neighbors from a communal apartment. This measure is applied only by court order. Moreover, you may not have all the information about their right to live in this residential area. It must be remembered that arbitrariness is punishable by criminal law (up to 5 years in prison).
The video story will tell you how to evict a neighbor from a communal apartment
Use of residential premises in a communal apartment.
1. Communal apartment.
Communal apartment- an apartment with several living quarters(rooms) owned two or more users or owners who are not members of the same family, on the basis of separate agreements, transactions, other actions provided for by law, sharing auxiliary premises (common areas of the apartment) and engineering equipment in common areas.
In the same communal apartment, several rooms may be owned by the state and provided to residents on the basis of a social tenancy agreement, while the other part of the rooms may belong to the people living in them. All other property (corridors, kitchens and bathrooms) belongs to the common property. The owners own it on the basis of common share ownership. The size of the share in the ownership of the common property is proportional to the size of the room. The owner of a room in a communal apartment bears the burden of maintaining the common property in accordance with his share.
Rules for living in a communal apartment and the rights of neighbors.
Living together in one apartment, as you know, is often accompanied by constantly emerging conflict situations that can last for decades and significantly complicate living conditions.
There are no statutory rules for cohabitation., that is, in fact, either the residents have to negotiate on their own, or seek out any provisions from the codes. The easiest option is, of course, a compromise. After all, it is much easier to come to an agreement than to call the police to each other, put up partitions or lock public places. But compromise is not always possible.
The main subject of controversy is the different ideas of the tenants of a communal apartment about the rules of cohabitation. Consider the main manifestations of these disagreements:
1)Noise, din, loud sound TVs, dancing, etc.
Roommates are different: some are quiet, calm, others are rude and noisy. Of course, residents have the right to watch TV and dance, but only until 23:00. This is provided for by the Civil Code of the Russian Federation. That is, if any claims are made to you about the fact that after nine in the evening you need to talk in a whisper, you can refer to the code. On the other hand, if your rights are already violated after 23:00, the code is again on your side.
2)Use of common areas in a communal apartment
Common areas include kitchen, corridor, hallway, bathroom, toilet.
According to the civil code, everyone legally residing in this apartment has the right to use these places, but no law can clearly prescribe exactly how they should use it. Theoretically, all these territories should be distributed according to the shared principle, but in practice it becomes clear that it is not possible to occupy half a square meter in a toilet for 24 hours.
If neighbors interfere with the use of, for example, a bathroom or a corridor, then they violate the rights of other residents.
Even if several families live in the apartment, it is necessary to make sure that the total area is used by everyone. In case of misunderstanding, you can draw up graphs.
As for the common property in a communal apartment, it includes a gas stove, cabinets, bedside tables, doors. Shared furniture is not difficult to separate, and in most cases there are no conflicts. If we talk about a gas stove, then you can distribute the burners or the time of use.
3)Guests
Guests- That's a very difficult question. It is with them that problems often arise. Persons legally residing in a communal apartment have the right to invite guests to their place. Guests, in turn, have the right to use common areas. Residents of other rooms cannot interfere with this. Not a single code says on what schedule tenants have the right to invite guests, so the decision of these issues again falls on the tenants themselves.
4)Accommodation
Suppose that two families live in different rooms of a communal apartment. One of them was visited by a friend who wants to temporarily live. This is prohibited by law. After 23, neighbors have the right to call the police and forcibly evict such friends. But if the residence of an outsider is very important, then at least one square meter of the area of \u200b\u200bthe apartment can be registered as his property.
5)Smoking in a communal apartment and causing other damage
One of the most difficult issues is smoking in a communal apartment. If neighbors smoke in a communal apartment, it is a disaster for other tenants. Unfortunately, we do not have a law banning smoking in public places. You can call the police and sue.
6)Dog and cat in a communal apartment
The residence of a dog, cat and other living creatures in a communal apartment is allowed if the neighbors do not have contraindications for health and have their written consent. If you plan to keep a dog, make sure you have written consent from your neighbors as well. If your rights are infringed, for example, a dog barks, then you can complain, the law allows dogs and cats to live in apartments where several families live.
7) Common areas in a communal apartment (common property and area) and their repair.
Communal apartments are multi-occupied apartments in which several families very often live, in some cases rooms are rented out, in general, a variety of people who have different views on life have to crowd under one roof, etc.
Common areas in a communal apartment are a kitchen, a corridor, an entrance hall, a bathroom and a toilet.
If, in a two-room communal apartment, two families officially live, one of them consists of two people, the other of four. These families pay for repairs in proportion to the number of people living. If all residents agree, then the repair is carried out and its cost is shared among them, but some neighbors do not want to pay for repairs.
In this case, it is necessary to proceed as follows: call the employees of the housing office, who will draw up an act of examining the technical condition of the dwelling. It includes an estimate for the repair. This document is the legal basis for the repair. Further, with this document, you must contact the neighbors who do not want to do repairs. If they refuse, you can take on all the repair costs, and then, based on this act, recover the costs from them through the courts.
It is very important to contact the Housing Office to draw up an act, because this act is evidence that repairs are currently needed to prevent the destruction of the premises.
2. Privatization of rooms in a communal apartment.
Privatization- a form of property transformation, which is a process of transferring state (municipal) property to private hands.
Citizens of the Russian Federation occupying residential premises in the state and municipal housing stock, including housing stock under the economic management of enterprises or operational management of institutions, on the terms of social employment, have the right, with the consent of all adult family members living together, as well as minors aged 14 up to 18 years of age to acquire these premises in the ownership on the terms provided for by the Law "On Privatization of the Housing Fund of the Russian Federation".
When a tenant (tenants) privatizes one or more rooms in a communal apartment, an isolated living space (a room or several rooms) in a communal apartment, and not the apartment as a whole, acts as an object of privatization. The consent of tenants of other rooms for privatization is not required. When registering the right, a certificate is issued, in which the room (rooms) is indicated as the object of the property right. The owner of a privatized room (rooms) shall have the right of shared ownership of common property in a communal apartment.
In order to privatize a room in a communal apartment, you must:
An identity document of the applicant (passport, military ID, etc.).
Statement of a public authority or local self-government body, enterprise, institution on state registration of the right and transfer of the right of state or municipal property.
Documents confirming the emergence of the right of state or municipal property or the right of economic management or operational management of a dwelling.
Application for state registration of the right of a citizen.
A payment document confirming the payment of the state fee for state registration of a citizen's right.
The contract for the transfer of residential premises to the property.
The plan of the residential premises to be privatized, certified by the relevant organization (body) for the registration of real estate objects.
Certificate of housing authorities on persons living in residential premises (copy of personal account, certificate of housing department, certificate of HOA, etc.).
Permission of guardianship and guardianship authorities in cases of transfer of ownership of residential premises in which only minors live.
3. Renting out a room in a communal apartment.
Renting a room in a communal apartment has a number of specific features. Compared to a separate apartment, when renting a room, you will have to spend more time, comply with a number of norms and, in addition, take into account the interests of third parties - neighbors in a communal apartment.
The peculiarity of renting a room in a communal apartment is that it is necessary to take into account the interests of neighbors. That is, if the room is owned, then the consent of the neighbors to move in a temporary tenant is not required by law, and if it is rented under a social contract (belongs to the city), then it is mandatory.
If the room is not privatized.
In order to rent a non-privatized room in a communal apartment, a number of formalities must be observed:
1. it is to obtain the written consent of the owner of the housing. In this case, it is the local government, that is, the Housing Committee.
2. obtain the consent of all people living in a communal apartment, including family members of the tenant himself (Housing Code of the Russian Federation, Art. 76.).
Grounds for restriction for delivery:
1) moving in by a subtenant, the amount of living space per each resident must not be less than the established norm.
2) it is not allowed to sublease the premises if a patient suffering from severe forms of certain chronic diseases lives in it or under a lease agreement will live.
Owned room.
It is much easier for owners of privatized rooms in communal apartments. When renting, the permission of the municipality, as well as neighbors, according to the law, is not required. By law, only the consent to the lease of all adult tenants registered in the room is required, their "approving" signatures must be in the rental agreement.
Common areas must be used in a way that respects the rights and interests of all neighbors. The conditions for the use of common areas should be specified in the lease agreement, and in as much detail as possible. The more carefully the conditions are described in the contract, the less likely it is that disagreements will arise in the future.
The main limitation for renting a privatized room may be the norm of living space established by law per person. Today it is 12 square meters. m. That is, only one person can live in a 12-meter room. If the landlord acts contrary to the law and settles two or even more tenants, the neighbors can sue. Since the "overcrowding" of the room will violate the norm for the use of common areas, and thereby infringe on the rights of other residents.
4. Features of the sale of rooms in communal apartments.
In order to sell a room in a communal apartment, you must meet several conditions:
1. A room in a communal apartment must belong to you by right of ownership (you acquired the room through privatization or by inheritance, under a sale and purchase agreement, or it was presented to you.)
Ownership of the room is confirmed by a certificate of ownership and a document-the basis for acquiring ownership of the room (a contract of sale or donation, or a certificate of inheritance, respectively).
2. When a room in a communal apartment belongs to several owners, it is necessary to obtain their consent in order to sell it. If one of the owners is a minor, then you need to obtain the consent of the guardianship and guardianship authorities.
3. You also need to consider that a room in a communal apartment is part of a single object - an apartment. All owners in a communal apartment own, on the basis of common shared ownership, common areas in this apartment used to service more than one room.
Therefore, it is important for the owner to take into account the right of first refusal, which the owners of other rooms in the communal apartment have. When selling a room, the owner of a share in the right of common ownership is obliged to first offer to purchase it to the owners of other rooms in this apartment. They have the right of first refusal to buy your room at the price it sells for, all other things being equal.
The owner must notify the other participants in shared ownership (neighbors) in writing (notarized form) of the intention to sell his room to an outsider, indicating the price and other conditions on which the right holder sells it.
And only if the neighbors refuse to buy or do not confirm their desire to purchase a room within a month, the owner has the right to sell it to any person at the price indicated in the written notice. If the owner sells a room in a communal apartment, violating the right of first refusal, then other participants in shared ownership have the right to go to court within three months with a request to transfer the rights and obligations of the buyer to them. In this case, the assignment of the pre-emptive right to purchase a share is not allowed.
Documents that are required to complete a transaction for the sale of a room:
1) Documents of title to the room (certificate of ownership and the basis document on which your ownership was acquired (contract of donation, transfer, sale and purchase, certificate of inheritance, etc.);
2) BTI documents: Explication, Cadastral plan;
3) Extended extract from the house book - (valid for 1 month);
4) Certificate from the tax office on the absence of tax arrears (if the room was received into ownership under a donation agreement, a certificate of inheritance);
5) Presence with a passport or notarized consent of the spouse (if any) to the alienation or acquisition of real estate (certificate of marriage is required);
6) If minors are involved in the transaction (they are owners), then you need a certificate from the guardianship and guardianship authorities on consent to the alienation or acquisition of residential premises (a birth certificate is required);
7) Presence with a passport or a notarized statement of waiver of the pre-emptive right to purchase alienated real estate of other owners (neighbors);
8) Application (the form is issued at the Office of the Federal Registration Service);
9) Receipt of payment of state duty (for each party to the transaction);
10) Presence of the parties to the transaction with passports or their authorized representatives under a notarized power of attorney (copies of the passports of the parties to the agreement will be needed).
These documents are submitted to the Office of the Federal Service for State Registration, Cadastre and Cartography.
5. The right to a vacant room.
In connection with the adoption of the Decree of the Constitutional Court of the Russian Federation of November 3, 1998 No. 25-P, when the restriction on the privatization of residential premises in communal apartments was lifted, the number of rooms vacated in communal apartments has sharply decreased, since a significant number of elderly people, living in these apartments, privatize the rooms and bequeath them to their relatives.
Rooms in communal apartments are being vacated and citizens living in this communal apartment are striving to add the vacated rooms to the already occupied living quarters. In accordance with the current legislation, the vacated residential premises include the following: Living spaces:
1. premises that were vacated in connection with the provision of another dwelling to its tenant in need of better housing conditions;
2. premises that were vacated in connection with the departure of the tenant for permanent residence in another place;
3. recognition of the tenant as having lost the right to housing;
4. termination of the lease due to the death of the tenant and other similar cases.
It should be noted that the rules for settling vacated residential premises apply only to residential premises in the houses of the state and municipal housing stock.
The tenants of other residential premises in this apartment who need to improve their living conditions, and in the absence of such, citizens who have a living area less than the established norm per person, have the right to occupy the vacated living quarters in a communal apartment.
Options for providing vacated residential premises:
Option number 1. The apartment was vacated living space adjacent to another living space. In this case, in accordance with part one of Article 59 of the Housing Code of the Russian Federation, the vacated residential premises in a communal apartment in which several tenants and (or) owners live, on the basis of their application, are provided under a social tenancy agreement to tenants and (or) owners living in this apartment , if at the time of vacating the dwelling they are recognized or can be recognized in accordance with the established procedure as poor and in need of residential premises.
Option number 2. IN in accordance with part two of Article 59 of the Housing Code of the Russian Federation, the vacated residential premises are provided under a social tenancy agreement to tenants and (or) owners living in this apartment who may be recognized as poor in the prescribed manner and who are provided with a total area of \u200b\u200bliving premises per family member less than the provision rate based on their application.
Option number 3. IN in accordance with part three of Article 59 of the Housing Code of the Russian Federation, the vacated residential premises are provided under a sale and purchase agreement to citizens who are provided with a total area of \u200b\u200bliving premises per family member less than the provision rate, based on their application.
Option number 4. IN in accordance with part four of Article 59 of the Housing Code of the Russian Federation, moving into a vacant dwelling is carried out on the basis of a social tenancy agreement.
Listused literature:
1. Civil Code of the Russian Federation
2 . Housing Code of the Russian Federation (LC RF) dated December 29, 2004 N 188-FZ
3. Law of the Russian Federation "On the privatization of the housing stock in the Russian Federation" dated 04.07.1991 N 1541-1
4. Rules for the use of residential premises Approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25
5. Actual problems of housing law / Ed. ed. E.S. Getman, P.V. Krasheninnikov. M., 2003.
6 . Civil Law: Textbook: In 2 vols. 2nd ed. / Responsible. ed. E.A. Sukhanov. M., 2004. T. 2.
7. Ivanov A. Real estate issues in the new Housing Code of the Russian Federation//Economy and Law. 2005. N 6.
8. Krasheninnikov P.V. Housing law. 2nd ed. M., 2001.
9. Krasheninnikov P.V. Transactions with residential premises: A commentary on civil and housing legislation and the practice of its application. 2nd ed., revised. and additional M., 1999.
10. Tolstoy Yu.K. Housing Law: Textbook. M., 1996.
Living together in the same apartment with complete strangers with their own habits and a certain way of life can be comfortable only in very rare cases. Basically, these are quarrels over trifles, noise, the order of using common areas and other things.
It is very difficult to force adults to observe, in fact, the only rule of living in a communal apartment: you need to respect each other, if possible, not interfere with your neighbors and comply with the agreements reached. Remember that it is much harder to refuse polite request than in the demand expressed in a raised voice.
Accommodation
Owners of housing in a communal apartment, without notifying their neighbors, have the right to:
- rent housing under a lease;
- register, including on a temporary basis, citizens in this room.
In the case of obtaining the right to use a room in a communal apartment on the basis of a social tenancy agreement, the tenant has the right, subject to the provision of living space (12 sq. M of total area per person):
1. Sublease housing with written consent:
- landlord;
- all members of the employer's family residing in the territory;
- all neighbors and members of their families living with them.
2. Allow other citizens to live in this residential area, on the legally occupied area:
- free of charge;
- under a social contract;
- on a temporary basis, no more than 6 months in a row;
- with the permission of the landlord;
- with the consent of their family members.
Guests
Homeowners have the legal right to receive guests who can use common areas on an equal basis with other residents of a communal apartment. Dates and number of guests are not legally limited. Neighbors do not have the right to prevent visitors from staying in the apartment.
If a citizen stays in another city for more than 90 days, then it is necessary to obtain temporary registration at the address of actual residence.
Common areas
All tenants have an equal right to use the corridor, kitchen, bathroom, toilet, hallway. By default, it is assumed that residents can occupy the area of the specified premises with furniture and other property in accordance with their share in the apartment.
The order and sequence of use of these premises is not established by law. All disputes regarding the use of common areas are resolved in judicial order.
Owners of residential premises do not have the right to allocate or alienate a share in kind in property belonging to all other owners of a communal apartment on the basis of common ownership.
When selling a share in a communal apartment, the new owner acquires the right to use common areas, and the previous one loses them.
Renovation of common areas
The fact of the need for repair work is established depending on the method of managing an apartment building:
- representatives of organizations managing and servicing the house;
- owners of shares in a communal apartment;
- invited experts.
Based on the inspection report drawn up, a decision is made on the need for repair work. If a positive decision is made, an estimate is drawn up. Repair of common areas is carried out at the expense of homeowners in proportion to their shares.
If the neighbors refuse to pay the costs, one of the owners can do it on their own and subsequently demand reimbursement of the costs in court.
Noise comfort
In most regions of the country, silence has been established between 23.00 pm and 07.00 am. At this time, the noise level should not exceed 45 decibels (corresponding to a normal conversation), during the day - 55. Violators can be dealt with with the help of a district police officer, although not very effectively. At the initial appeal, a warning will be issued, then a fine will be issued, the amount of which depends on the region.
There are precedents for compulsion to sell housing and resettlement. But these are isolated cases. Neighbors have come a long way: conversations with violators, the work of law enforcement agencies, examinations, litigation.
Smoking
There is no legally established ban on smoking in a communal apartment.
You can try to solve the problem through the court, citing the fact that the neighbors actually force you to smoke and use common areas for personal purposes. You need to appeal to federal law No. 87-FZ of July 10, 2001 “On the restriction of tobacco smoking” interpreting the concept of "smoking" as inhalation of smoke from smoldering tobacco products. In this case, the interests of non-smoking neighbors are violated.
Pets
- fire safety;
- sanitary and epidemiological requirements;
- environmental norms and rules;
- rights and interests of neighbors.
If one of the homeowners has an allergy to pet hair, then you can apply to the court for protection.
Realization of a room in a communal apartment
Neighbors have a pre-emptive right to buy out a share in a communal apartment. The seller is obliged to notify the other homeowners of his intentions in writing, describing in detail the terms of the proposed transaction. The neighbors have a month to redeem a share in the apartment. After this period the seller can sell housing.
Refusal to purchase can be executed earlier at a notary public or in person when registering a transaction with the Federal Registration Service. If one of the owners is a minor citizen, then it is necessary to obtain consent to the transaction of the guardianship authorities.
If the seller does not provide confirmation of notification of neighbors about the sale of housing to the authorities of the Federal Registration Service, the registrar will suspend the transaction. If for some reason the contract of sale was nevertheless registered, then any of the neighbors has the right to apply to the court within three months to transfer the rights and obligations of the buyer to it.
Rights to the vacated room
If the tenant of premises in a communal apartment under a social tenancy agreement vacates it for one reason or another, then tenants and owners have the priority right to the vacated housing:
- First recognized as poor and in need of better housing conditions;
- Then the poor, who use the area less than the norm of provision for each family member;
- Then follow those wishing to acquire this area under a contract of sale.
These citizens receive the right to use the room under a social tenancy agreement.
If there are none in a communal apartment, then housing will be transferred to a citizen who needs it and who is standing in a general queue.
Comments (121)
Vladimir | 2018/06/14
The situation is this. We bought 2 rooms in a 4-room communal apartment half a year ago, after talking with the neighbors initially, we decided to sell the entire apartment. As it turned out later, the neighbors are greedy little people who want to exchange one room for a one-room apartment, and it makes no sense to sell it cheaper to them, so selling the entire apartment is unrealistic. The other day there were buyers for our separate two rooms, but at the last moment our dear neighbors refused to sign their consent to the sale, without arguing this in any way. What to do in such a situation, and is it really possible to somehow sell your two rooms without the consent of the neighbors?
admin | 2018/06/29
Hello Vladimir! In your situation, you need to respect the neighbors' right of first refusal to purchase your shares. You need to apply to a notary and send notifications about the sale of rooms to the neighbors through the notary. If, within 30 days from the date of receipt of the notice from the notary, your neighbors do not express a desire to purchase rooms for the price you offered, you can freely sell the rooms to third parties. Subject to this procedure, as such, there will be no need to issue a refusal from neighbors.
Cyril | 2018/10/14
What if the neighbors prevent guests from being in the room, constantly chastise me because they are older, do not let my guests into the block, do not let me into common areas, use a raised tone and insults in my direction and guests, eternal threats in my direction, guests are quiet, don't know what to do
admin | 2018/10/30
Hello Cyril! First of all, you can contact the district police officer on this fact for a preventive conversation with neighbors. You can also apply to the court with a claim to determine the procedure for the use of residential premises that are in shared ownership.
Elena | 2018/11/16
I live in a communal apartment. One hostess lets in tenants who change constantly, almost every month. The tenants start using my personal property, they refuse to clean the common areas, they smoke in the room, but the smell goes into my room, and I can't stand the smell of cigarettes.
Our tap is broken, the hostess, who lets tenants in, refuses to talk to us and turn in for repairs. I do the replacement of the faucet at my own expense. Can I restrict (prohibit) tenants from using this faucet. And what rights do we have to limit the lawlessness of tenants.
admin | 2018/12/01
Hello, Elena! First of all, you need to go to court with a claim to determine the procedure for using common property in a communal apartment. You can also recover from your neighbor a part of the costs you incurred to install the crane. In accordance with Part 4 of Art. 30 of the Housing Code of the Russian Federation, the owner of a dwelling is obliged to maintain this premises in good condition, preventing mismanagement of it, to observe the rights and legitimate interests of neighbors, the rules for using residential premises, as well as the rules for maintaining the common property of owners of premises in apartment building, however, your neighbor does not comply with this requirement of the law, in connection with which you can also apply to the district police officer with a statement regarding the systematic violation of your legitimate interests.
Alena | 2018/12/21
Based on which Art. Lived. of the Code, do you need consent for registration in a room in a communal apartment of the owners of other rooms? One owner of the room lives in another city. The notary refused to certify his permission to register in the next room, saying that the neighbor's consent was not required. However, the MFC insists on this consent.
admin | 2019/01/10
Hello Alena! The norms of the current housing code do not contain provisions obliging to obtain the consent of the neighbors for the registration of the owner of other persons in his room. The actions of the MFC employees are illegal, you can file a complaint against the actions of such employees with the higher management or the prosecutor's office. You can also demand from the MFC staff a reasoned written refusal to your application for registration at the place of residence.
lyudmila | 2019/01/08
WE BOUGHT A ROOM FOR MOTHER'S CAPITAL THE TOILET WITH THE BATH IS SEPARATE FROM THE ROOM BUT THE NEIGHBORS DO NOT GIVE KEYS TO THE BATHROOM EXPLAINING THAT THEY HAVE LIVED HERE SINCE 2005 AND WE JUST BOUGHT AND THIS IS THEIR TOILET, DO WE HAVE THE RIGHT TO USE THIS TOILET?
admin | 2019/01/18
Hello Lyudmila! Undoubtedly, in this situation, the neighbors directly violate your rights and legitimate interests, since, in accordance with Art. 41 of the Housing Code of the Russian Federation, the owners of rooms in a communal apartment also own, on the basis of common shared ownership, common areas in a communal apartment). To eliminate obstacles to access to common areas, you have the right to apply to the court with a claim to establish the procedure for using property in a communal apartment.
Andrew | 2019/02/16
Good afternoon, our family bought a room in a communal apartment, my sister and mother live there, and I live separately, my mother is tritely terrorized by a neighbor on any domestic issues, she scandalizes and interferes with a peaceful life, my mother is decent, a teacher by education. Today, after another scandal over a stupid reason (contamination of the common stove), my mother had to call ambulance because the pressure is high. How can you put pressure on neighbors correctly using the law. I wouldn't want to offend a girl.
admin | 2019/02/26
Hello Andrei! In accordance with Art. 247 of the Civil Code of the Russian Federation, the possession and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court. Thus, your mother can apply to the court to your neighbor with a claim to determine the procedure for using the premises and to remove obstacles to the use of the premises. In case of aggression on the part of a neighbor, the mother must contact the district police officer to have a conversation with a neighbor or bring her to administrative responsibility (for example, for insults).
Natalya | 2019/03/04
Hello!
The son of one of the owners often comes to a communal apartment, and almost all the time he walks half-dressed, sits in the kitchen for hours in this form. It is very unpleasant for other young women owners to cook in the kitchen when a strange half-dressed man is sitting next to him and talking foul language. Does he have the right to walk in this form if others do not like it?
Thank you!
admin | 2019/03/12
Hello, Natalia! In accordance with Part 2 of Art. 31 of the Housing Code of the Russian Federation, family members of the owner of a dwelling have the right to use this dwelling on an equal basis with its owner, unless otherwise established by agreement between the owner and members of his family. Family members of the owner of the dwelling are obliged to use this dwelling for its intended purpose, to ensure its safety. Unfortunately, the legislation does not regulate the issue of the uniform of residents living in communal apartments. To resolve this situation, it is better for you to contact the district police officer for a preventive conversation with your neighbor's son.
Louise | 2019/03/05
In the next room, the girls are burning incense sticks. The smell enters my room, the same smell enters the hallway (common area). I have bronchial asthma This smell makes me choke. I have repeatedly asked them not to do this, but to no avail. How legitimate are their actions? Can I somehow influence this?
admin | 2019/03/20
Hello Louise! Unfortunately, the provisions of Law N 15-FZ “On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption” cannot be applied in your situation, since aromatic incense, despite the smoke they distribute, is not a tobacco product. However, in accordance with Part 4 of Art. 30 of the Housing Code of the Russian Federation, the owner of a dwelling is obliged to maintain this premises in good condition, preventing mismanagement of it, to observe the rights and legitimate interests of neighbors, the rules for using residential premises, as well as the rules for maintaining the common property of owners of premises in an apartment building. If your health is harmed by the actions of your neighbors, you have the right to recover compensation for moral damages, as well as the costs of treatment, in court. You can also apply to the court with a claim to determine the procedure for using property in a communal apartment.
Elena | 2019/05/03
Hello, I bought a room in 3k. apartment for MSC, the owners are me, my husband and 4 children. In the other two rooms, the owners do not appear for more than 5 years, and a married couple has settled in one of the rooms, how can I evict them, the district police officer is inactive, the Criminal Code too, the neighbors' debts will soon come to the cost of the rooms. Both rooms are owned.
admin | 2019/05/15
Hello, Elena! Since you are not a tenant of this dwelling under a social tenancy agreement, you cannot file a lawsuit in court to recognize your neighbors as having lost the right to use the dwelling. You need to apply to the administration with a statement indicating that your neighbors systematically violate the norms of the Housing Code of the Russian Federation on observing the interests of neighbors and ensuring the safety of the dwelling. You can also file a complaint with the Office housing inspection and the Prosecutor's Office.
Olga | 2019/07/30
Hello. We have a two-room communal apartment, two owners, me and a neighbor. Shares are equal. I live with my husband, a neighbor rents his room to a guy. The common areas are in poor condition. Tell me how to share the costs of repairing a gas column, replacing faucets in the bathroom and in the kitchen, replacing a toilet bowl, as well as redecorating common areas? By the number of owners or by the number of residents?
admin | 2019/08/22
Hello Olga! The burden of bearing the cost of maintaining housing is solely the owners, so you need to decide on the distribution of repair costs only with the owner. First of all, you need to contact the Department of Housing Inspection or Management company to obtain an opinion on the state of common areas. You can then sue your neighbor for part of the repair costs incurred, but such costs must be commensurate with his share of ownership of the dwelling.
Marina | 2019/08/04
Hello, I bought a room in a communal apartment. It turned out that the neighbors were drinking. I can’t live there with two children younger than 3 years old. I wanted to pass, they don’t let me, I bring a person’s room to see, they go out and just behave disgustingly. People don't want to shoot. Room for maternity capital.
Tatyana | 2019/09/25
Good afternoon, I ask for help in a situation regarding common areas in an apartment building (the former name is a hostel). The neighbors locked all the toilet doors, thereby blocking access to me and my children. Who is the best person to contact?
admin | 2019/10/11
Hello Tatiana! In this situation, you can apply to the court with a claim to determine the procedure for using common property and removing obstacles to access to common areas, since, by virtue of the provisions of the Housing Code of the Russian Federation, the owners of premises in an apartment building jointly own and use common house property.