Although now the law of the Russian Federation is aimed at resettlement, communal apartments continue to exist. Solving various issues related to living, renting housing, it is necessary to find out about the rights and obligations of the owners of the rooms. This type of housing is described in the article.
Definition
A communal apartment is a property with multiple owners. The room has a toilet, hallway and kitchen. According to the current law, employers and owners live in it. The parties dispose of the premises and things under Art. 30 LCD RF. Residents need to comply with the rules of residence and not infringe on the rights of neighbors. Owners can live or rent. The second option is impossible without the consent of the other residents.
If people without registration live in a communal apartment, a special agreement must be concluded. The owner can register the data of people. This procedure is free of charge, but it is carried out according to the rules of housing use. The room is used by the guests as well as by the owners.
A communal apartment is a room where a guest must not stay for more than 3 months without registration. In case of violation of this rule, neighbors can notify the regulatory authorities. The residential complex establishes, a communal apartment is a room whose residents have the same use rights.
Residents Rights
In a communal apartment, the rights of residents are the same. Owners can live and rent their part. Neighbor permission is not necessary for this. But when living unregistered persons need to conclude an agreement between the parties. The owner can register residents. Settlement and registration is free of charge, but in the order of use of such facilities.
Guests have the right to use common areas, as well as other residents. The duration of their stay should not be longer than 3 months. If you violate this rule, others may contact the appropriate authorities. The rules and responsibilities are the same for all residents.
Duties
Residents should not violate the rights of neighbors. People can place furniture and necessary items, but do not pile up the space of common rooms, since tenants have the same rights.
When selling a share, the owner is deprived of the right to use the premises. Repair work on the improvement of the territory is distributed among the residents on the basis of the occupied area. The decision to repair is made at the meeting.
Rules and requirements
Living in a communal apartment has some disadvantages. Living together with other people who have their own ideas about life, almost does not do without unpleasant moments. Often there are disagreements due to cleaning, noise, and lack of order in the common area.
A communal apartment is a room where all residents should carefully and respectfully treat furniture and household items. The landlord may, without the permission of the neighbors:
- Lease the premises under the contract.
- Register citizens in it.
Neighbors are dissatisfied and believe that the residence of others is an infringement of their rights. If a person smokes indoors, you should contact the law enforcement authorities. Dissatisfaction arises due to pets. Cleaning and repair should be carried out on the delivered part.
Payment
How are utility bills paid in communal apartments? For electricity, gas and other services, residents pay on the basis of the area of the room.Counters located in the rooms are also taken into account. Residents are paid using their measurements. Payment for the common territory is carried out by agreement of the owners.
If there are no metering devices in the rooms, then they pay for the services by agreement. This is done taking into account the number of residents or by area. If the parties do not resolve this issue on their own, the following rules apply:
- The number of electrical devices in the room is being studied.
- Heat is paid for on the territory.
- Gas and water are paid according to the number of people.
It is necessary to contact neighbors in order to agree on the payment of utilities in communal apartments. If desired, an agreement is drawn up to determine the procedure for using common property. The court decides if the owner has a debt for utility bills in a communal apartment and does not want to pay it. Other residents should not solve this problem, incurring financial losses.
Sale
According to Art. 250 of the Civil Code of the Russian Federation, neighbors in a communal apartment have an advantage on the right to acquire a room. If they do not want to buy it, then they must issue a written refusal. Often, residents do not want to buy housing, but they do not refuse to purchase according to legal requirements. In this case, you must send a written notice of the sale, which must be certified by a notary.
When persons received this information, it is believed that they have been notified. If no response is received within 30 days, this is a refusal. If minors refuse, this should be recorded with the participation of representatives of guardianship authorities. When a share is acquired by a neighbor, other people should not be notified.
The transaction may be disrupted if the owners have not been notified about this in advance. The contract will be declared invalid within a month. The law establishes the powers of a neighbor if the specified period has been skipped for valid reasons.
Any neighbor can make a purchase of a communal apartment, its room. When the tenant of a room, on the basis of a social tenancy agreement, stops living, then the owner and other tenants are entitled to this room. The Housing Code defines preemptive rights for:
- Poor people who need better housing.
- Poor people who do not have housing.
- The remaining citizens who wish to buy a stake.
The rights and obligations of residents are established by law, but there are norms of cohabitation that must be followed. It is necessary not to bring matters to conflicts and not to express constant discontent. You also need to look for order and cleanliness.
Use of the common territory
All residents can use the entrance hall, corridor, toilet, bathroom and kitchen. The sequence and rules for using these places are not established by law. The rules of accommodation must be agreed with the residents, they are mandatory for compliance. Disputes are resolved in court.
Owners of premises do not have the right to alienate or allot a share in kind in territories that belong to the rest of the owners. When selling a share, the new owner can use the common territory, and the seller this right disappears.
Common areas include:
- The bathroom.
- Corridor.
- The kitchen.
- Pantry.
According to the rules, furniture without coordination with other persons can be placed only in places adjacent to the room. In common areas, the rights of neighbors must not be violated. You should not fill the territory with trash and bulky things.
The order of use of these premises is not recorded in the documents, such issues are decided by residents. Disagreements are resolved in court. If a person sold a room in a communal apartment, then his right to use the premises disappears. All functions will have to be performed by the new owner, as well as payment for utilities.
Persons living in a communal apartment are required to clean the bathroom and the kitchen.This should be done weekly by agreement. Usually cleaning takes place in turn. It is necessary to make a schedule, the number of people living in the room must be taken into account. Cleaning of its area is left to its owner.
Redevelopment is a matter for all residents, as there is common area. This procedure is executed in writing with the participation of a notary. Not only permission for redevelopment from other residents is required, it is important that a special authority approves the plan. It is necessary to create a redevelopment project. Changes do not apply to load-bearing walls.
A room can become an apartment, but it can’t be done according to the technical component. Difficulties in paperwork are possible. Typically, this procedure requires a major redevelopment.
What to do with troublemakers?
The rules of residence and the fight against violators are interconnected. All people have the right to protect their rights. If the problem cannot be resolved in a peaceful way, then the court will help. To do this, file a lawsuit.
Often disputes arise regarding violation of tenants' rights to common areas. With the sentencing, the bailiffs should monitor the execution of obligations. If it comes to silence, then you need to contact the law enforcement authorities. It is necessary to send an application in writing. These bodies resolve issues of smoking in public places, storage of toxic components and property damage.
For illegal redevelopment, which may be a threat to the integrity of the object, you need to contact the BTI. Relations between neighbors are desirable to maintain friendly ones, otherwise judicial disputes will serve as an atmosphere of tension.
Smoking
With the onset of the new smoking law, smoking is not allowed in public places. Neighbors of smoking tenants have the right to file an application with the court or to file a complaint with the local police officer.
Noise
In the period from 23:00 to 08:00, silence must be respected. Sounds over 20 dB are prohibited at this time. Therefore, you can not use tools that violate silence. It is forbidden to use pyrotechnic products, to perform actions that violate public peace. If this rule is violated, residents can call a local police officer who will be fined.
Pets
The law allows the keeping of animals in the apartment, but if the owners will ensure compliance with the norms:
- Fire safety.
- SES.
- Ecology.
- Rights and interests of residents.
If someone has an allergy to an animal, then using the court you can get a ban on its content.
Resettlement
In some regions there are targeted programs to improve the living conditions of the population through the resettlement of communal apartments. This is necessary to eliminate such housing, which still exists even in large cities of Russia.
Resettlement allows residents who have inappropriate living conditions to acquire their new housing. This is done by recognizing the premises as dilapidated, subject to demolition. Many citizens want the program to improve their living conditions. Often new houses and neighborhoods are built instead of communal apartments. The resettlement of citizens without their consent is possible only on the basis of a court decision.
To participate in the program, it is necessary that the person is recognized as a person in need of improving living conditions. The resettlement of the owners of a communal apartment is a lengthy process. You can participate in it only if you can prove that you can’t live in this room. There is a list of persons applying for participation in the program, or receiving assistance for the purchase of housing, adding a room:
- Heroes of labor.
- Heroes of the USSR and Russia.
- Judges.
- Employees of the UK, Ministry of Internal Affairs, military personnel.
For the premises to participate in the program, it is necessary to prepare documents. Then a commission is appointed that will carry out a check on the condition of the housing. The result of the assessment is an act and a resolution of the commission.If everything is completed, then the building will participate in the resettlement program.
The register of premises of residential facilities includes a list of houses that are dilapidated. It is posted on the official website of the city. A dilapidated dwelling is a building whose wear is greater than 70% (for stone) and 60% (for wood). The building is damaged if its 2/3 parts are unsuitable for life.
Over time, there are less and less communal apartments, but still in Russia there are a lot of them. In this type of housing, living standards must be respected. But there are former communal apartments that have become ordinary real estate.