Household property: composition, owner, maintenance, repair, use, damage. What applies to common property?

The question of what relates to common property is currently quite relevant. Very often its illegal alienation is carried out. According to experts, the introduction of a mandatory inventory with certain time intervals could relieve tension in this matter.

Household property: LCD of the Russian Federation

Article 36 of the Code establishes provisions regarding the rights to objects in an apartment building. In particular, it is stipulated in the norm that each owner of common house property owns areas in the structure that are not parts of apartments and are intended to serve more than 1 room in the building. These include, among others, elevators and shafts, stairs, corridors, attics, technical floors, basements, where engineering communications are located. The size of these facilities through reconstruction can be reduced only with the consent of all legal owners. By their decision, common house property may be transferred in whole or in part to other persons for operation if this action does not infringe on the interests and rights of legal entities and citizens. The Housing Code has other provisions. In particular, it determines the procedure in accordance with which communal property can be allocated and disposed of, as well as the signs by which objects are recognized by it.

GK

According to Art. 244 of the Civil Code, property that is in the legal possession of 2 or more persons belongs to them under the right of common ownership. In this case, the shares of each subject can be determined. This type of property arises in relation to property that is indivisible (cannot be divided without changing the purpose or, by law, is not subject to division). In this case, you can set the proportion of each owner. If their size cannot be determined, then by virtue of Art. 245 GK they are considered equal. The determination of shares on common property is regulated by Art. 37 Housing Code. In accordance with the norm, the value is proportional to the total area of ​​the premises belonging to the subject. The share can thus be calculated. To do this, the area of ​​the owner’s premises (according to the law on state registration of law) should be divided by the sum of the areas of non-residential and residential premises of the house (according to BTI). The received share can be registered in the register and entered in the certificate. The use of communal property is carried out by the legal owners of the respective premises. Transfer of objects into operation to other persons is carried out by decision taken at the general meeting of all residents.

Basement

They, as mentioned above, as a general rule, are part of the common property. It should be noted that recognition of the rights of legal owners to basements is enshrined in the Constitutional Court. Meanwhile, in practice, these premises do not always act as common house property.

Regulatory Explanations

In Art. 290 p. 1 of the Civil Code established that applies to common house property. In the norm, in particular, it is indicated that the subjects own sanitary, electrical, mechanical and other equipment, supporting structures, premises serving more than one apartment. The above art. 36 of the Housing Code provides a more complete list.Analysis of the norms allows us to conclude that the premises, which belong to common property, cannot act as part of an apartment or other object in this building, which is in personal legal possession. One more important point should be noted. In the sense of the rules in common property the part of the premises not isolated from the area belonging to the sole owner may not be included. Thus, there can be two legal regimes. In the first case, we are talking about the common property of the house. In this situation, participants in legal relations are all owners of premises with the establishment of the size of each share. In the second case, there is an independent object (or several) that are in sole or common ownership. However, the grounds for the emergence of these rights are not related to the intended purpose of the property as serving and auxiliary.

Opinion of the Constitutional Court

In the determination No. 489 О-О it is indicated that premises that do not act as parts of apartments belong to common house property if they contain equipment used to service the needs and needs of owners. They do not have an independent purpose. Like the equipment located in them, such premises are operated to service several or all of the premises in a residential building. At the same time, the judges drew attention to the fact that, in addition to non-residential areas that relate to common property, other similar objects that are intended for independent operation may be present in the building. They are recognized as real estate. Such premises act as independent objects of civil rights. Accordingly, their legal status differs from the regulatory regime established in articles 36 of the Housing and 290 Civil Codes.

Clarifications of the Arbitration Court

It should be said that in houses built in Soviet times, it is rather difficult to distinguish non-residential premises that perform exclusively serving functions from a similar object, but for independent use. The solution to this problem requires taking into account the actual circumstances and is included in the competence of the arbitration courts and judicial bodies of general jurisdiction. Meanwhile, the practice of nuclear power plants, which has existed throughout the entire time since the issuance of Decision No. 489 O-O, to the great surprise of apartment owners and their representatives, has shown that basement-type premises, historically intended to house shoe shops, pharmacies and other institutions and organizations , in most cases are not considered common property. In new buildings, the legal regime of such objects is more transparent. Most often, arbitration judges recognize their shared ownership.

Important point

In Art. 36 of the Housing Code expressly established that shared ownership may not arise on any basement area of ​​a house, but only on technical premises. The appropriate qualification of an object is predetermined by various factors. For example, it may be the need for open and permanent access to the equipment located in it. Meanwhile, the presence in the basement of utilities is not a sufficient basis for the recognition of its technical. Accordingly, it will not be considered community property.

Maintenance, repair of common property

The condition of the premises should provide:

1. Compliance with safety and reliability.
2. Affordable use of common property. This also includes the land on which the residential building is located.
3. Safety for the health and life of people, the safety of material values ​​of legal entities and citizens, as well as those belonging to the municipality and the state.
4. Compliance with the legitimate interests and rights of owners and other entities.
5. Constant readiness of communication engineering systems, metering devices and other devices included in the common property and designed to provide appropriate services to persons living in the premises of MKD.
6. Maintaining the appropriate architectural appearance of the structure, according to the design documentation.

Key events

The content of common property includes various actions. They depend on the design features, the level of physical wear and tear, the technical condition of the facilities, and the conditions for the location of the residential structure. In accordance with these factors, the content of common property may include:

1. Inspection of objects. It is carried out by the owners of premises and responsible persons. During the inspection, inconsistencies of the condition of the premises with the requirements established by law, damage to common property, threats to safety, health and life of the people are revealed.
2. Lighting facilities.
3. Providing humidity and temperature levels established in regulatory enactments.
4. Sanitary and hygienic cleaning and cleaning of premises, land.
5. Collection and subsequent withdrawal of liquid and solid household waste. These include, among others, garbage generated as a result of the activities of individual entrepreneurs and organizations operating non-residential premises.
6. Maintenance and overhaul of common property.
7. Fire safety measures in accordance with the law.
8. Preparatory work for seasonal operation.
9. Care of green spaces and landscaping elements, as well as other objects intended for operation, maintenance, located on a plot of land that is part of common house property.

The legal owners of premises in a residential building may carry out the above activities independently or involve other persons for this.

Features of inspections

They depend on the way you control MCD. Inspections can be carried out by owners, persons involved by them in accordance with the contract on the implementation of construction and technical expertise. These activities can also be carried out by responsible entities acting as officials of the management structures of the HOA, housing cooperative or another specialized consumer cooperative. The results of the inspection are documented in an act. It acts as the basis for decision-makers or apartment owners to make decisions on compliance or non-compliance of the inspected objects with legislative requirements, as well as to take the necessary measures to eliminate detected defects, damage, malfunctions.

Exceptions

Object maintenance measures do not include:

1. Maintenance, insulation and repair of windows and doors of rooms, balconies, replacement of damaged (broken) glass of rooms that are not common property.
2. Cleaning and cleaning of areas not related to the territory of MKD, their gardening and improvement, care of the elements located on them. The latter, including, include flower beds, lawns, shrubs, trees. These actions are carried out by the owners of the respective sites.

Responsible Entities

The proper maintenance and maintenance of common property is provided depending on the management of the MKD:

1. Legal owners of premises. They conclude an appropriate agreement with the managing organization or persons providing services or performing the work specified above.
2. Homeowners' association, housing cooperative or other specialized consumer cooperative. The maintenance of property is ensured in this case through membership in these associations or conclusion of agreements by citizens who are not members of them.

Object wear warning

Maintenance of objects included in the common property is carried out according to the decision adopted at the meeting of residents.The approved list of works should ensure the prevention of premature wear and maintenance of operability and performance indicators, as well as the elimination of malfunctions, damage, defects. Maintenance does not involve the replacement of elevators that carry walling. The work does not include troubleshooting doors to non-residential or residential premises, windows inside them, if they are individually owned by the subjects. These activities are carried out by the respective owners.

If the degree of physical wear and tear has reached the maximum permissible indicator established in the legislation on technical regulation and does not ensure the safety of health, life of persons, constitutes a threat to municipal, state material values ​​and objects belonging to citizens and legal entities, legal owners of premises in MKD are required to immediately take the necessary measures to rectify the situation. To do this, the meeting decides on the implementation of a major overhaul. The fact that the property reaches the degree of the established maximum permitted safety and reliability indicators is determined by the owners or responsible persons, as well as representatives of the federal executive body, regional structures authorized to monitor the operation and condition of the housing stock in accordance with the Federal Law and other regulatory documents during inspection. Its results are recorded in the corresponding act.