The main purpose of the premises is to provide adequate conditions for human habitation. The term is used to designate a separate part of a building, regarded by law as real estate, on which property rights can be registered.
General theory
The construction of residential premises, official registration, classification, operations with such objects are all subject to applicable law. Legal regulations clearly define which objects should be understood by the term, and what is no longer relevant to it. The most significant collection of laws covering the subject under discussion is the Housing Code.
The aforementioned collection of legal standards states that the state enterprise is an isolated object, a space limited from others. This can be a separate structure or part of a certain object. It cannot be separated from the others; therefore, it is unacceptable to classify it as an IP, for example, a certain percentage of the room.
What kind of beast is this?
The concept and types of premises are stipulated by the current legislation establishing several classes of objects that are included in this category. This includes houses intended for human habitation, parts of such structures, as well as apartments and its individual elements. ZhP is also rooms.
Types, the concept of residential premises oblige to take into account such objects that belong to organizations, individuals, municipalities, and the state. There is a specialized fund for public housing, designed for various official purposes, the resettlement of refugees in need. Special objects are designated as maneuverable, and in addition, rooms located in dormitories belong to them.
My home is my castle
Housing stock includes housing. These are such individual objects created for a specific purpose, having a strictly defined character. Home is a structured space. It consists of rooms, auxiliary territories used for various human needs. The second category is such premises through which it is possible to satisfy the needs arising from the everyday features of a modern person. These are various corridors, pantries, sanitary rooms, terraces, loggias and other similar structures.
Specialized housing stock includes a variety of real estate, among others represented and housing. A distinctive feature of these buildings is the specific owner, namely the state, municipalities. But the multi-apartment building as a single object can not be reckoned with ZhP. This building is complex, there are non-residential, residential areas; All sites should be considered.
Modern, public: apartment
This type of residential premises can be both specialized and general. In any of the options, it is included in the overall housing stock. An apartment is such a separate object, organized within the framework of a building, which includes an abundance of similar premises. The internal division varies quite a lot, there are apartments consisting of only one room and intended for permanent residence, and there are also those where there are many rooms - five, six, seven or even more.
An apartment is a type of living space with auxiliary territories. These are various sanitary allocated elements intended for warehousing, storage of objects, dark areas and other sites, including corridors.
Far less?
A rather unpretentious view of the living room is the room.The term is used to denote an element of an apartment, a residential building, intended directly for the permanent life of a person. To belong to the number of public enterprises, the territory must be isolated. It is unacceptable to rank the passage room in the category under consideration. If the site meets the conditions for inclusion in the public utility, it becomes either an element of the housing stock on a common basis, or specialized. The most typical representative of the latter category is rooms intended for living in dormitories.
Operation specifics
All types of residential premises are intended for human use, subject to adequate behavior. The goals with which the state enterprise are created are to provide the citizens of the country with normal conditions for permanent living. ZhPs are often used by employees of enterprises for temporary residence, and are used as territories for conducting professional activities. ZhP - a classic version of the localization of individual entrepreneurship.
When planning to make a purchase or rent a dwelling for the purpose of professional exploitation, it should be taken into account how much this infringes upon the interests and rights of others. It is possible to use the facility in this way only for those who are the owner or are ready to declare a lease in an official manner. Application for occupational activity of ZhP is allowed only in the case when the activity does not contradict sanitary, hygienic standards, does not violate fire safety rules and other significant norms established for the operation of this category of real estate.
No way!
The current standards established that the owners of residential premises in an apartment building, the owners of rooms do not have the right to use such territories to organize production facilities. These places are categorically not intended for the processing of a raw material product, the formation of new industrial facilities and other similar activities. It is possible, but not industrial, to carry out certain types of activities. For them, you will have to buy or rent more suitable hygiene, sanitation, and safety areas.
Do I have a right?
The current laws clearly stipulate all situations in which a citizen has the right to use a public utility. This can be provoked by an agreement on the rental of premises concluded by mutual agreement of the parties, the possession of housing on the basis of property, confirmed by formal documentation. The third, last - option, when a person is in a cooperative. On the basis of membership, he has the right to operate the enterprise.
Change of status
The current legal regulations allow several options for operations conducted with public utility companies. You can sell and buy, privatize such objects, you can change the status from residential enterprises to non-residential. The latter operation, although it seems quite exotic to many ordinary people, is quite common in practice. For its implementation, it is necessary that the facility meets a number of conditions specified in regulatory enactments.
It is allowed to change the status of only such a public utility located on the ground floor. If the object is located above, it will turn out to translate if there are no other ZhP under it. Be sure to have your own entrance. It will not be possible to change the official position of the territory if it is part of a room or building recognized as subject to demolition. It is impossible in this way to re-register the municipal housing, state special fund.
Important aspects
In order not to contradict the registration of residential premises and correctly reformat the object from one status to another, it must be remembered that only reliable, durable structures can be considered non-residential. At the same time, an object that previously belonged to the IP category can be retrained if there are communication systems.Exceptions are rarely possible, but only if the building is built in a village where some system is completely absent - for example, a centralized water supply.
Another important condition for a successful legal change in the status of housing rights is the height of the ceilings. This parameter must be in compliance with established regional standards. In most subjects of our power, the standard value is 230 cm, although in some individual places it may differ. When planning a transfer of premises from one status to another, you should first raise the technical documentation of the facility and local regulations. You can seek advice from the administration of the village or to professionals involved in such real estate transactions.
It was not mine, but it will be!
One of the topical legal operations, often carried out in recent years, is the privatization of residential premises. The term is commonly used to denote a change in the status of state property rights from state-owned to private ownership. Citizens who have received some space, equipped and suitable for living, in accordance with the social security agreement, have the right to conduct such an event. The state apartment may be transferred to the personal ownership of persons who are in military service.
In order for privatization of residential premises to be successful, a number of restrictions should be kept in mind. Some types of real estate are simply unacceptable to format in status. Among those "forbidden" are rooms located in dormitories, as they belong to the special housing fund. It will not be possible to privatize the dwelling recognized as emergency, located within the military camp and intended for official use, credited to the balance of the federal government and municipalities.
The internal structure of the object
Analyzing the real estate of interest, it is important not only to clarify the size of the premises, but to get acquainted with all the significant parameters of this object. These include the total area as the main indicator. Features of its definition are indicated in the fifth paragraph of the fifteenth article of the LCD. For proper calculation, summarize all the parts represented in the internal structure of the LP. This includes auxiliary, provided for various household needs, providing the possibility of living in a particular territory. When identifying the parameter of the total area, external territories are not taken into account - balconies, verandas, etc.
The total total is a parameter obtained by adding the residential and auxiliary characteristics of the area. The first involves the territory of rooms intended for human habitation. Take into account dining rooms, bedrooms, games rooms, study rooms, lounge areas. It is also necessary to calculate such external areas where the heating system is equipped and the conditions for year-round living are provided. Often, balconies and terraces are decorated this way. The second component of the total area is the territory allotted for auxiliary plots. They include corridors, space for cooking, storing property, meeting sanitary and hygienic needs.
We live together
Currently, the LCD does not contain special standards regarding the correct distribution of space within a communal apartment. When disputes arise, most often it is necessary to seek justice in the court of law, and lawyers, in order to find the optimal solution, have to analyze many other cases, trying to detect similar conflicts. Especially difficult are situations where there was a recognition of a dwelling as unsuitable for living, intended for demolition, and emergency, while several people owned housing, in fact they were communal apartments.In 2014, the SAC of the Russian Federation, considering numerous controversial issues related to the imperfection of legislation in relation to such a situation, obliged to focus primarily on the first part of the seventh article of the LC.
Lawyers, evaluating such situations, use the following logic. Common areas are elements of a communal apartment. For the assessment, it is necessary to calculate directly the territory occupied by the room, auxiliary plots attached to it, used for the needs of the owner exclusively of this residential property. Most often, people have pantries. Additionally, a certain percentage is taken into account relative to the auxiliary territories of the rest of the dwelling. For calculation, they are guided by the share of property indicated in the official documentation confirming the rights of the owner. To identify the exact quantitative parameters of the share, all auxiliary objects are analyzed - bathrooms, cooking rooms, pantries used together.
About real estate
ZhP - one of the objects, the current laws are classified as real estate. In addition to land use, this category combines plots of land, subsoil, water, things that cannot be moved. In a word, this is a rather vast class, including various objects closely connected with the earth, impossible to move from place to place without harming the destination.
Special occasion
ZhP - a category that unites exclusively territories suitable for permanent residence of a person. At the same time, compliance with numerous standards, rules, requirements declared by applicable laws is checked. The construction in which the building is located must necessarily be stationary, have amenities, auxiliary territories to ensure the household needs of a person. The functional purpose of the HP is strictly stipulated - it should be suitable for permanent residence.
It is important to distinguish ZHP from boarding houses, hotels and other places of temporary accommodation. Despite the existence of conditions for human habitation, such territories are intended for rest, undergoing a therapeutic program, that is, they differ in function from GP. Hotels and pensions, other similar places - territories where people are temporarily, but can not live on a permanent basis. As a place of residence, the law strictly permits a place where a person lives on a permanent basis or most of the time.
To be or to be?
Current legislation strictly delimits places intended for stay, residence. The most relevant and detailed information can be extracted from the current provision of the Federal Law, published for the first time in 1993 under the number 5242-1 and declaring the freedom of citizens of the country to move within the country, choosing for themselves the most suitable habitat for life. In 1995, the government issued an additional decree, which finally established the correct understanding of the term residence. The document says that the address at which a person lives permanently or most of the time should be recognized as such. The rights to such accommodation may be determined not only by the ownership of the property as an owner, but also by an agreement on lease, sub-lease, social lease.
Deserves attention
From the laws it follows that ZhP is an object that meets regional technical, hygienic, sanitary standards, as well as well-maintained. The level of this characteristic varies greatly, depending on the specific locality. The main idea of the wording is the compliance of the IP with the requirements of the law for this category of objects. Settlements, cities are quite different from each other in terms of improvement.Understanding the phenomenon is given by the fortieth article of the LCD, which was in force in the RSFSR and stated that the public utility used by a person should be considered comfortable with respect to the realities of the locality where it is located.
The current LCD contains a description of the procedure for recognizing the status of public utility companies, a complete list of current requirements, for verification of which the object is analyzed. Updates to this list are regularly made by government decisions.