Responsibility of the owner of a dwelling is a legal construction that describes the measures taken by the owner of the dwelling and persons living on the right to use the premises for violation of the law.
Scope of rights and obligations of the owner of the housing
The owner has the most complete range of rights and obligations in relation to available property. This includes ownership (possibility of influence), use (extraction of useful properties from the subject), disposal (the right to sell, give, bequeath or refuse the right to own).
The last paragraph is the most important, distinguishing the owner from those who have the right to reside in the premises.
The law obliges the owner to maintain the property in proper form. This includes the payment of utilities, expenses for maintaining in good condition the common property of the whole house. The owner is obligated to pay contributions for the overhaul of the building in which his personal possessions are located, even if they comprise a small part of the total.
The availability of utilities obliges you to conclude a contract with the relevant organization. If the owner refuses, the supplier has the right to go to court to oblige the owner to conclude an agreement with the supplier.
If there is an actual consumption of utilities, then the court will charge money also for this.
Also, an item on the mandatory conclusion of an agreement on the export of municipal solid waste was highlighted in the LCD.
Owner liability forms
A person who owns real estate is required to obey the rules specified in the contract. Responsibility of the owner of a dwelling is a rather serious tool for resolving many controversial issues. A person who refuses to obey the rules uses various measures of influence:
- Deprivation of housing rights due to unfair use.
- Recovery of losses caused to neighbors and common property of the house.
- Debt collection for utility bills, overhaul contributions.
- Administrative liability (punishment for violation of the rules for the use of residential premises, illegal redevelopment, reconstruction, etc.), resulting in fines and recovery of property damage.
The listed measures of civil law and administrative nature can be applied simultaneously. Payment of a fine does not eliminate compensation for moral and material damage.
If there are several owners
The joint liability of the owners of the dwelling means that it is assigned to them, according to their share in the common property. This means that the court, in appropriate proportions, will divide the amount for harming other people's property. It does not matter that the second owner is in another place. This issue is the subject of another trial.
Somewhat more complicated with utilities (water, gas, electricity). For them, charges are made on the counters. The situation is simpler with the services for the maintenance of the common property of the house, the adjacent territory, for heating. There, the main role in the calculations is played by the area owned by the landlord.
The joint liability of the owners of the dwelling also extends to the common property of the apartment building. They have a share in it in proportion to the share in the dwelling.
Deprivation of ownership
Responsibility of the owner of a dwelling in the form of deprivation of ownership of an apartment is an extreme measure. Grounds - repeated violations recorded in court decisions, decisions of administrative bodies.
The municipal authority, having accumulated material, can file a lawsuit. The right of ownership is terminated, the apartment is put up for auction.
At the same time, the Code of Civil Procedure prohibits the collection of the only housing and land on which it is located. Deprivation of ownership applies in case of repeated prohibitions in the Code of Administrative Offenses.
If violations are committed by other residents, in particular, a systematic flooding of neighboring apartments is carried out, the rule on liability of the owner of the dwelling for the improper use of the dwelling still applies. This is the basis of judicial practice.
Flooding of the neighboring apartment
Responsibility of the owner for the flooding of a dwelling is civil in nature. What does it mean? Administrative authorities can establish the fact of improper use of the premises, in particular, taking actions that led to flooding, and impose a fine.
For damages and non-pecuniary damage must be addressed to the court by filing a lawsuit. As part of the process, a technical examination is appointed to identify the causes of flooding, whose actions or whose inaction became its cause.
The main document confirming the fact of harm is an act drawn up by representatives of the managing organization and (or) photo and video materials provided by the plaintiff, as well as a report of the appraiser.
Examination may be ordered prior to trial in order to preserve traces of evidence.
The judge claims damages from the owner, regardless of who actually lives in the apartment. The landlord then has the right to recover damages in court as part of the recourse from the person actually living in the apartment at that time.
Conflicts with neighbors
Responsibility of the owner of the premises to the neighbors is not excluded only by the cases described above. There is also the concept of common property (electricity, gas, water and other networks and communications).
It is forbidden to litter or spoil the common property, create inconvenience in its use.
Police officers often come across complaints of noise in the evening or at night. Legislation does establish appropriate restrictions.
All these violations are punished according to the norms of the Code of Administrative Offenses: protocols are drawn up, fines are written, etc. The prosecution in this area lies with the internal affairs bodies and housing supervision authorities.
Reconstruction and redevelopment
They mean a serious change in the design of the building, a separate apartment. They are considered unauthorized provided that there is no permit received in the prescribed manner.
The law gives the right to do redevelopment or restructuring, but judicial practice and changes in the Civil Code to date have made them almost unrealistic. Therefore, you should first try to get permission from local authorities, and then rebuild.
The situation can develop in two ways: either the court makes a negative decision, or the authorities themselves apply to oblige the building to be restored to its original state. In order not to run into problems, it is worthwhile to first find out what actions the legislation relates to redevelopment or reconstruction.
For illegal redevelopment fined. If the authorities demolish an illegal extension at their own expense, money is recovered from the guilty person.
Changes made in the internal premises in violation of the legislative order block real estate transactions.
The situation is much simpler with buildings on a land plot, if it belongs to the citizen by the right of ownership or is provided for residential construction. These types of property are legalized by submitting a declaration to the Federal Registration Service without verification by the authorities. In the same way, changes are made to the design of the house or extensions are made.
The Town Planning Code restricts the initiative for the construction of buildings on 3 floors on its own plot allocated for construction.
Utilities
The charge is made taking into account the tariff and the volume of the consumed service or the size of the living space. Electricity, consumed water are recorded using meters. The number of people living is also taken into account.
The content of the common property is calculated from the size of the share in the common property, and the size of the monthly payment changes only when a new tariff is established. This is a vivid example of how the owners of a dwelling are jointly and severally liable.
Service companies are entitled to collect payment for those consumed without penalty or fines.
Amounts are distributed according to the share of ownership of the dwelling.
Family members of the owner
The owner or owners are the main owners of the rights to use, own and dispose of housing or other real estate. A relationship of a kinship or other nature transfers part of these rights to other persons permanently residing in the apartment.
It should be noted that the law and judicial practice distinguish two categories of citizens who are considered members of the owner's family.
The first group includes the spouse, common children and parents of the owner. A spouse is a person with whom formal marriage relations are issued. In this case, the fact of a family relationship or the presence of marriage is significant.
The second group includes other relatives, people who regularly receive material support (old-age pensioners, disabled people). Signs of family relations are mutual respect, common household management, common interests, responsibility to each other.
The status of a family member is extended to other persons subject to cohabitation and perception of a person in that status.
Right of use
Owner with tenure rights has limited benefits. Speaking about the use of premises, everyone in this matter is equal. The owner or other owner may not infringe on other residents, for example, in the use of the kitchen, toilet, common areas, etc.
The agreement between the owner and the occupying person may establish the conditions for the use of a new tenant in a house or apartment. For example, which premises are transferred to its full use, and to which its access is limited.
The agreement is concluded in accordance with the rules of the Civil Code. From the right to reside, the duties and responsibilities of family members of the owner of the premises.
What is the responsibility of residents - not owners
It applies to payment of utilities, compliance with the rules of residence, a ban on illegal redevelopment or re-equipment.
The owner has the right to release the resident person about the obligation to pay utility bills by concluding a contract. It is advisable to certify this document with a notary so that there is no doubt about its validity. In such a situation, liability only applies to the owner.
Whether to insure liability
Many people are biased towards this type of action. Responsibility insurance of owners of residential premises covers damage to life, health or property of third parties. For example, from the same flooding or other events, the occurrence of which is quite likely.
Insurance is not paid if the person acted intentionally, contributing to the occurrence of the insured event.Thus, violation of the rules for the use of residential premises is not included in this list.
The law does not oblige the owner or tenant to insure liability. Practice shows that obtaining payments from the owner is difficult.
Finally
According to the RF Housing Code, the liability of the owner of a dwelling includes civil measures:
- The purpose of the fine.
- Elimination of violations.
- Recovery of losses.
- Bringing property to its original state.
First of all, liability concerns the owner, and also affects persons who have the right to reside. By agreement, it may be limited to the extent established by law.