The issue of using the basement in an apartment building has been shrouded in neighboring disputes for centuries. This premises belongs to the category of common property of residents who are entitled to operate it for their own economic needs, but not to the detriment of each other. It is worth noting that this is not the only restriction regarding the use of a basement in an apartment building. Engineering systems (sewer risers, heating main and water supply) are located in this part of any high-rise building.
In order not to seek advice from experts of housing and communal services, we will try to figure out on our own what the procedure for using the basement in an apartment building is.
Room for technical needs
To determine the place in the basement for each tenant can be legally. Since this part of the building is common property, apartment owners are interested in using it mainly for storing personal items and supplies. For many people, the presence of a basement is an opportunity to stock up on bags of potatoes, preservation and jam for the winter. On the ground floor it is convenient to store car tires, skis, sledges, bicycles, strollers, rubber boats and much more, which has no place in the apartment and would not like to litter the balcony.
Is it possible for tenants to use the ground floor
However, far from every apartment building, the use of a basement is allowed for residents. To arrange individual warehouses on the underground floor is problematic if the building belongs to an old housing stock. The construction of such premises did not provide for special compartments reserved for the personal needs of apartment owners. Design features are that engineering communications in such apartment buildings are located almost on the entire ground floor area. The free part of the basement is not fenced at all, and therefore access for homeowners is closed here. Only specialists from utilities services have the right to enter the compartment where the engineering communications are located.
Basements in new buildings
In a young housing stock, things are different. Here, as a rule, they think about the need to provide residents with a separate room for personal needs in the process of building an apartment building. The procedure for using the basement in such a room is discussed by the homeowners, since they all have equal rights. At the same time, the right to operate engineering systems does not matter - communications in high-rise buildings remain in the closed part of the basement, therefore they are absolutely inaccessible and safe for residents.
You can find out about the arrangement of the underground premises in each house by contacting the management company responsible for the operation of the building. Thus, the owners do not even have to go down to the basement to find out if they can equip it with personal storage compartments to store their own things. Depending on the plan of the basement, there are several solutions.
The right to an individual place in the basement
Even if the underground floor does not imply the allocation of space for the household needs of residents, there is still a chance to equip the space for the owners of the building. Allocate the territory for storage of personal belongings, you can independently equip the ground floor.Despite the presence of communications, the use of the basement in an apartment building is the prerogative of residents. The underground floor is a common property and belongs to the owners of the apartments, which are entitled to dispose of the compartment at their discretion. If at a general meeting the residents of an apartment building express a desire to store cans of cucumbers in the basement or arrange storage for bicycles or car tires in it, nothing and no one can stop them.
Underground storage construction
The only thing that residents will need is commitment, a manifestation of perseverance and organizational abilities. In addition, for the construction of warehouses on the ground floor, certain cash investments will be needed, which is important. If communications are not fenced off, the passage to individual warehouses will have to be built by residents themselves. This is a rather lengthy process, which requires deliberation of every nuance and well-coordinated teamwork.
Getting permission
The territory of the ground floor is really considered the possession of residents of an apartment building. Who determines the procedure for using the basement? It is not worth starting the construction without coordinating further actions with the management company, since the redevelopment of the underground compartment requires obtaining permission to carry out the corresponding reconstruction. To get official approval from the Criminal Code, you should apply with a statement signed by all the initiators of the organization of the warehouse. At the same time, each of the applicants must understand that all the costs for construction work and further maintenance of the erected economic unit will fall entirely on their shoulders.
What documents are needed
In addition, a whole package of documents should be attached to the application. It must be collected and provided to the management company in order to obtain permission for the arrangement and redevelopment of the non-residential basement. The list of required documents includes:
- Technical passport of the premises.
- Redevelopment project.
- Documents confirming the right of ownership - title.
- Consent in writing to carry out redevelopment from other owners.
It should also be remembered that it is impossible to proceed with redevelopment without proper registration of permits. To date, a fine of 2-2.5 thousand rubles has been set for residents of apartment buildings. for the implementation of the illegal reconstruction of non-residential premises.
Things are a bit simpler with those houses where the basement is equipped with a storage facility. In this case, it is important to enlist the support of the owners and allocate a personal share of the underground floor.
Owners meeting
Regardless of the ultimate goal (obtaining a separate share in an existing basement or arranging an underground room and equipping individual storage compartments in it), the first item in your action plan should be a general meeting of homeowners. It is necessary to invite all owners of privatized apartments to this event, and as for tenants under a social tenancy agreement, it is necessary to notify the owner here. For example, in Moscow it is the housing department. The organization will send representatives to the meeting. The planning of the general fees must be notified to each owner of the apartment building. In accordance with the law, information about the event should be reported no later than 10 days before the specified date. It is advisable to notify potential meeting participants in writing.
In addition to the exact date, time, and location of the fees, indicate the issues that will be addressed. This may be necessary if the meeting is held in absentia and a decision will have to be by a majority vote.Otherwise, those who wish to challenge the voting results will have every chance to win in court.
The agenda of the public meeting of residents must necessarily include the creation of equipped storage compartments on the ground floor of the building and the redevelopment of the basement. If the economic underground block is provided for by the construction of an apartment building, we are talking about the division of shares between the owners. It also indicates the need to determine the composition of the counting commission to calculate the voting results.
The larger the living space, the more votes
After a successful meeting, the rules for using the basement in an apartment building are established. Whatever conditions and requirements may be put forward by the participants, not only the number of owners, but also the size of their holdings, i.e., living space, are taken into account for making a decision. By the way, the meeting can be considered held only if the owners of the housing fund, who have the majority of the votes (more than 50%), participated in it. So, for example, the owner of a three-room apartment has more votes than the owner of Odnushka. Otherwise, if 50% of the vote is not gained, the meeting cannot be considered valid. After they hold an absentee ballot, which again will have to notify participants by address. The information sheet indicates the same issues under consideration, as well as the exact time and address of the point of delivery of the completed forms.
Basement self-capture: what to do?
There are also situations when new homeowners, trying to find their basement storage area, find out that there are no free places for them, since the basement has long been divided between the previous owners. In fact, such a phenomenon is called illegal seizure and nothing else. Exhortations such as “the basement was arranged for our money, and therefore by right belongs only to us” have no legal force. According to the rules for using the basement in an apartment building, whatever the composition of the owners, the technical floor in any case belongs to the category of common house property, so each resident should have his own share. In this case, you must contact the management company and declare self-capture. Further, the issue of allocating a share is decided at a general meeting.
How do tenants make money in their basement
According to the rules for using the basement in an apartment building, homeowners have the right to equip the underground floor not only for personal use, but also on the basis of common interests. So, a well-equipped basement can be rented out, for example, as a warehouse or a store, and the proceeds can be divided between residents or sent to the improvement of the yard, home repairs. This is a fairly common way to earn money for partnerships consisting of owners of housing.
It should not be forgotten that the use of a basement in an apartment building is allowed only for technical needs. It is prohibited by law to equip hotels or apartments on the ground floors for rental.