Explanations on the basis of which the area of ​​\u200b\u200bthe mop increased. On non-residential premises and common areas in apartment buildings. Overhaul

These rules are developed in accordance with the Housing Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation of December 30, 2001 No. 195 FZ, the Federal Law of March 30, 1999, No. 52-FZ "On the sanitary and epidemiological well-being of the population", the Rules for the use of residential premises approved by the resolution Government of the Russian Federation dated 01/21/2006 No. 25, Rules for the maintenance of common property in MKD, approved by Decree of the Government of the Russian Federation dated 08/13/2006, No. 491, Rules and Regulations technical operation housing stock, approved by the Decree of the Gosstroy of Russia dated September 27, 2003 No. 170, Rules for the provision utilities citizens approved by the Decree of the Government of the Russian Federation of 23.05.2006. No. 307, Fire Safety Rules in the Russian Federation, approved by order of the Russian Emergencies Ministry dated June 18, 2003 No. 313.

1.1. The purpose of the Rules is:

- ensuring the safety of living in the house;

— regulation of relations on the use of common property in MKD

– creating a favorable atmosphere for living;

— preservation of the environment;

- observance of public order;

— development and preservation of good neighborly relations.

The rules are designed to promote respect and understanding between neighbors, which is necessary for the safe living together in an apartment building.

The rules are binding on all owners of residential and non-residential premises, tenants, tenants and family members of these categories of citizens, as well as temporary residents and guests, regardless of residence.

The management company, in pursuance of the requirements of the Code of Administrative Offenses of the Russian Federation, has the right to apply, depending on the nature of the violation, to the commission for minors and the protection of their rights, federal executive authorities, structural divisions and territorial bodies, administrative commissions and other bodies.

Compliance with fire safety measures.

2.1. The use of residential and non-residential premises living in the house, as well as common areas is carried out taking into account the fire safety requirements in the Russian Federation, approved by order of the Russian Emergencies Ministry of 18.06.2003. No. 313.

Fire safety regulations are mandatory for all residents of the house

2.2. Residents of the house upon detection of a fire (ignition) both inside and outside the premises must immediately report this to the Criminal Code,

and by tel 01, 112, and if possible, take all possible measures to eliminate it.

Rescue and firefighting equipment must be in good working order. Rescue and firefighting equipment must not be damaged or misused. The culprit of damage to the equipment is obliged to compensate for the damage caused.

2.4. It is forbidden to store explosive, flammable and combustible substances in apartments and basements, as well as put them on staircases.

2.5. It is forbidden to smoke in entrances (in the elevator, on landings) and basements, to dump ashes and cigarette butts from windows, from balconies (loggias) to the street and stairwells. It is forbidden to throw unextinguished cigarette butts into the garbage chute.

2.6. Landings and stairwells, corridors, vestibules, passages must be free for possible evacuation in case of fire, natural disaster or emergency.

2.7. It is forbidden to store bulky items (old furniture, bicycles, prams, as well as bulky garbage, building materials, etc.) in common areas.

2.8. Access routes for fire and rescue vehicles must always be free.

2.9. In order to maintain the safety of movement, the employees of the Management Company "SPK" have the right, in case of littering of passages and access roads, to clean them without a special reminder and at the expense of the perpetrators. Claims of the owners of the left things and objects for damages are not accepted.

3. Security measures for living in the house

3.1. The maintenance of residential and non-residential premises, as well as premises that are part of the common property in an MKD, must ensure safe living conditions and meet the standards established by the Rules for the Use of Residential Premises, approved by Decree of the Government of the Russian Federation of January 21, 2006 No. No. 25, Rules for the maintenance of common property in MKD, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, Rules and norms for the technical operation of the housing stock, approved by Decree of the Gosstroy of Russia of September 27, 2003. No. 170.

3.2. Residents of the house must ensure that access to the entrances, basement, technical floor, roof, etc. of the house is not available to unauthorized persons.

Entrance doors to the entrance, equipped with automatic locking devices, must be locked.

3.3. Windows in the stairwells, in the basement must be kept closed during the heating period, as well as at night and during windy or rainy weather.

Flower boxes are allowed to be installed only on the inside of the loggia.

It is forbidden to throw anything, pour out or pour out of windows, from loggias.

3.4. The lift must only be used for its intended purpose. Small children can only use the lift if accompanied by an adult. Adults are required to ensure that children do not press the elevator call button unnecessarily and do not indulge in the elevator cabin.

It is forbidden to transport heavy objects in the elevator (furniture, large household appliances, etc.)

At the end of the transportation of goods, the elevator car must be properly cleaned.

3.5. If faulty engineering equipment, an accident and other unforeseen circumstances are found in the apartment or common areas, residents of the house must immediately report to the EU MC "SPK" or to the emergency service, and, if possible, immediately take measures to eliminate them.

The management company must ensure the immediate localization of the accident within the time limits established by the Rules and Regulations for the technical operation of the housing stock, approved by the Decree of the Gosstroy of Russia dated 27.09.2003. No. 170. The costs of eliminating the accident, which arose through the fault of the person living in the house, are borne by the culprit, the damage is compensated by him voluntarily or in court.

3.6. Unauthorized connection to the general house systems of power supply, heat supply, water supply, sewerage and gas supply is prohibited.

It is forbidden to pour liquid waste containing cement, asbestos, chalk residues into sewerage systems, as well as throw away other garbage, rags, personal hygiene items, etc., that can clog the sewerage system. Repair work to eliminate any damage (malfunctions) resulting from the improper use of sanitary equipment is carried out at the expense of the owner of the premises, through whose fault the damage occurred.

3.7. It is prohibited to arbitrarily carry out any work in the common premises or on individual elements of the common property, as well as rebuild, complete or liquidate individual elements of the common property.

4. Providing access to residential and non-residential premises.

4.1. Residents of the house are obliged to provide access to the residential or non-residential premises occupied by them for:

- inspection of the technical and sanitary condition of the intra-apartment equipment related to common property, and the implementation of the necessary repair work at a pre-agreed time with the employees of the Criminal Code.

- taking readings of the IPU

– detection and elimination of an accident at any time of the day

4.2. In cases where the owner does not live in the premises, the owner is obliged to notify the CC and leave on the CC information about the contact person who can provide access to the premises or hand over duplicate keys.

4.3. In the event that a resident of the house replaces or installs additional locks on any doors, he must immediately notify the manager of the ES and provide copies of the keys to the new additional locks.

5. Carrying out repair and construction work in residential and non-residential premises.

5.1. Before starting repair and construction work in an apartment (non-residential premises), it is necessary to bring it to the attention of the manager of the power plant.

– on weekdays from 13.00 to 15.00 (for the rest of young children)

On weekdays from 23.00 to 08.00

- on weekends and holidays from 21.00 to 9.00 hours

Lifting of materials to the object is carried out using a passenger-and-freight elevator (if available), or only by stairs.

5.4. Persons entering and leaving the premises of the house must independently clean up after themselves containers, boxes, as well as dirt and debris. Garbage disposal in passenger elevators is prohibited. Garbage must be packed in bags or other containers that prevent spillage of loose materials, pollution and damage to common areas.

5.5. Reconstruction or redevelopment of residential premises is required to be carried out in accordance with the requirements of the Housing Code of the Russian Federation. A person who arbitrarily rearranges or replans a dwelling shall bear the responsibility provided for by law. For the reconstruction or redevelopment of residential premises, as a result of which the size of the common property in the MKD is reduced, the consent of all the owners of the premises in the house is required. During the performance of work, unhindered access to the reconfigured room should be provided to monitor the condition of load-bearing and enclosing structures, sound and waterproofing, elements of common house heating systems, water supply, sewerage, ventilation, grounding, power supply, fire alarms.

5.6. If it is necessary to turn off any engineering systems at home during the repair and construction work in the premises, it is necessary to obtain the appropriate permission from the Criminal Code. Unauthorized shutdown is prohibited.

5.7. It is forbidden to carry out repair and construction work without the permission of the Criminal Code on the external facade walls (installation of air conditioners, changing the color, size and configuration of windows and doors)

6. Compliance with public order.

6.1. Residents of the house should not commit or allow the performance of any actions that violate the rights and legitimate interests of neighbors in the house.

6.2. Everyone living in the house is strongly advised to avoid excessive noise from:

- slamming doors, running up stairs, kicking carpets, loud music, etc.

It is necessary to install radios, televisions and other audio and video equipment always at a moderate volume, allowing sound to spread only within the room.

It is necessary to avoid loud sounds in the room with open windows and doors, as well as on balconies (loggias, terraces).

6.4. In common areas and in the local area it is prohibited:

Drinking beer and drinks made on its basis, alcoholic and alcohol-containing products or consumption of narcotic drugs or psychotropic substances;

Violation of public order, expressing a clear disrespect for society with obscene language, offensive harassment of citizens, as well as the destruction or damage to other people's property.

6.5 Complaints regarding the actions of neighbors in the house are submitted only in writing to the Criminal Code.

7. Creating and maintaining a favorable atmosphere for living

7.1. Residents of the house should not commit or allow the performance of any actions that violate the rights and legitimate interests of neighbors in the house for peace, comfort, health protection and a favorable living environment.

7.2. Everyone living in the house must take care of the cleanliness of their apartment, including taking care of windows, balconies, loggias and exterior doors.

7.3. All residents of the building must also take care of the cleanliness and safety of common areas and individual elements of common property in an apartment building. Inadvertently or intentionally damage or contamination (knocked down corners and jambs, scratches, drawings, abandoned garbage, dirt, etc.) of walls, windows, railings, entrance access doors and doors to the basement, elevator cabins, bells, mailboxes, etc. .P. removed by the guilty person or at his expense. Damage and pollution caused by the children living in the house are repaired by their parents or at their expense.

7.4. a person who has spilled any liquids on the floor in common areas is obliged to immediately ensure their elimination.

7.5. Garbage of all kinds (ash, rubbish, bottles, bags, food waste, etc.), packed in garbage bags, must be thrown into garbage cans

It is forbidden to leave bags with garbage and waste on stairwells and other common areas.

7.6. Bulky waste (construction waste, cardboard from household and office equipment, plastic, etc.) may be disposed of in the containers provided for this only in crushed form. For the removal of heavy and (or) bulky waste (old furniture, building materials, etc.), special transport should be ordered.

7.7. It is forbidden to feed street dogs and cats, as well as birds, with food waste, especially throwing garbage through a window or balcony (loggia).

7.8. In the event of the appearance of rats, mice and harmful insects in the house, it is necessary to immediately report this to the EU UK.

Shake out or clean beds, mattresses, bedspreads, clothes, shoes, etc. in the entrance of the house, as well as from the windows and through the railings of balconies (loggias) is not allowed.

To dry clothes, you must use special rooms in the entrance or a special area in the yard.

7.9. In order to preserve the aesthetically pleasing appearance balcony (loggia) is prohibited:

- hang ropes, install dryers for drying linen, clothes, carpets and other things outside the loggia

- hang linen, clothes, etc. above the parapet

– storage on the loggia of furniture, building materials, old household appliances and so on.

7.10. It is forbidden to post announcements on the walls of landings, elevator doors, entrance doors, etc.

Common areas in an apartment building

In accordance with the Rules for the maintenance of common property in an apartment building, approved by Government Decree of 13.08.2006. №491 , The common property includes:

- premises in an apartment building that are not parts of apartments and are intended to serve more than one residential and non-residential premises in this apartment building (including landings, stairs, elevators, elevator and other shafts, corridors, wheelchairs, attics, technical floors and technical basements with engineering communications and other equipment);

- enclosing load-bearing structures of an apartment building (incl.

foundations, bearing walls, floor slabs, balcony and other slabs, load-bearing columns and other enclosing load-bearing structures);

- load-bearing structures of an apartment building (incl.

windows and doors of common areas, railings, parapets and other enclosing non-bearing structures);

- mechanical, electrical, sanitary and other equipment located in an apartment building outside or inside the premises and serving more than one residential and non-residential premises (apartments);

- a land plot on which an apartment building is located and the boundaries of which are determined on the basis of state cadastral registration data, with elements of landscaping and landscaping;

- other facilities located within the boundaries of the land plot, intended for maintenance, operation and improvement of the house, including transformer substations, heating points intended for servicing one apartment building, collective parking lots, garages, children's and sports grounds located within the boundaries of the land plot, on in which the apartment building is located;

— intra-house engineering systems of cold and hot water supply, gas supply, drainage system, heating system, power supply.

Common property must be maintained in accordance with the requirements of the law Russian Federation.

— inspection of common property carried out by the owners of the premises and responsible persons;

- ensuring the readiness of in-house engineering power supply systems and electrical equipment that are part of the common property for the provision of utility power supply services, ensuring the required temperature and humidity in common areas, as well as their lighting and cleaning;

— ensuring fire safety measures;

– collection and removal of solid and liquid household waste, maintenance of landscaping and landscaping elements;

— maintenance and overhaul, preparation for seasonal operation.

Services and works do not include:

– insulation of window and balcony openings, replacement of broken glass windows and balcony doors, insulation of entrance doors in apartments and non-residential premises that are not common areas;

– cleaning and cleaning of land plots that are not part of the common property, as well as landscaping the territory and caring for landscaping elements (including lawns, flower beds, trees and shrubs) located on land plots that are not part of the common property.

The maintenance of the common property of the house is provided by the owners of the premises by concluding an agreement on the management of an apartment building with the governing body, or with service providers, homeowners association(housing, housing-construction cooperative or other specialized consumer cooperative).

The costs of maintaining the common property in an apartment building are borne by the owners of the premises, making the appropriate payments, while the costs of the owner must be commensurate with the area of ​​\u200b\u200bthe residential premises that are in individual ownership

In accordance with Art.

165 of the Housing Code of the Russian Federation, managing organizations are obliged to provide citizens, at their request, with information on the established prices for services and work on the maintenance and repair of common property in apartment buildings and residential premises in them, on the amount of payment, on the volume, on the list and quality of the services provided.

In cases of rendering services or performing works inadequate quality the consumer has the right to file a claim for a reduction in the amount of the maintenance fee for the common property to the responsible person. The fact of revealing the inadequate quality of services and works reflected in the act.

An application for changing the amount of the fee can be sent within 6 months after the relevant violation (in writing or orally) and is subject to mandatory registration by the person to whom it is sent.

When applying in person, a copy of the application is marked with the date of admission and registration number.

In case of refusal to satisfy the stated requirements on a voluntary basis, the consumer has the right to file a claim with the court.

The procedure for the use of the adjacent territory by the owners of residential and non-residential premises in an apartment building

Often, the owners of premises in a residential building have conflicts regarding the procedure for sharing the common territory. Especially acute, as a rule, such a question is for owners of non-residential premises, as well as new settlers. The yard is often closed with a barrier or gate, and all parking spaces in the local area are distributed among the "old-timers".

How to solve the problem and get access to the passage to the yard and parking?

First of all, it is necessary to understand the mechanism of legal interaction between residents of an apartment building, as well as the procedure for using the territory adjacent to the house. To do this, we will analyze the questions:

1. How is the land plot under the house formed and how are the rights to it registered by the residents of the house?

The owners of premises in an apartment building own the common property in an apartment building, including: the land plot on which the house is located, with elements of gardening and improvement, other objects intended for maintenance, operation and improvement of the house and located on the specified land plot(clauses 1, 2, article 36 of the Housing Code of the Russian Federation). The owners of premises in an apartment building own, use and, within the limits established by this Code and civil legislation, dispose of the common property in the building.

At the same time, the formation of the land plot on which the apartment building is located is carried out by the authorities state power or local governments (clauses 4, 5, article 16 of the Federal Law of December 29, 2004 N 189-FZ “On the Enactment of the Housing Code of the Russian Federation”). From the date of the state cadastral registration of the land plot on which the apartment building and other real estate objects included in such a house are located, such a land plot passes free of charge into the common shared ownership of the owners of the premises in the apartment building.

Clause 3 of the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 23, 2009 N 64 "On some issues of the practice of considering disputes about the rights of owners of premises to the common property of a building" clarifies that the right of common shared ownership of common property belongs to the owners of premises in a building by virtue of law outside depending on its registration in the Unified State Register of rights to real estate and transactions with it.

At the same time, if the land plot under the house has not been formed and the state cadastral registration has not been carried out in relation to it, the land under the apartment building is owned by the relevant public law entity(paragraph 67 of the Resolution of the Plenum of the Supreme Court of the Russian Federation N 10, the Plenum of the Supreme Arbitration Court of the Russian Federation N 22 dated April 29, 2010 “On some issues arising in judicial practice in resolving disputes related to the protection of property rights and other property rights”).

At the same time, within the meaning of parts 3 and 4 of Article 16 of the Introductory Law, the owner does not have the right to dispose of this land in the part in which a land plot for an apartment building should be formed. In turn, the owners of premises in an apartment building have the right to own and use this land plot to the extent that it is necessary for them to operate the apartment building, as well as objects that are part of the common property in such a house.

Thus, from the moment of formation of the land plot under the house, it is presumed as being in the common ownership of the owners of the premises.

Considering all of the above, we can say that even if the land plot under the house is not formed properly, this does not prevent the owners of the premises from owning and using it within the established limits, including installing fences (subject to the appropriate procedure) .

2. How is the procedure for using the adjacent territory determined, is it legal to restrict access to the adjacent territory (installation of a gate, barrier)?

The law assigns the powers to dispose of common property in an apartment building to the competence of the general meeting of owners of premises in an apartment building (both residential and non-residential). The competence of the general meeting also includes making decisions on the limits of the use of the land plot on which the apartment building is located, including the introduction of restrictions on its use (clause 2, clause 2, article 44 of the Housing Code of the Russian Federation).

Legal relations related to the installation of fences in the adjoining territories of apartment buildings in the city of Moscow and their dismantling are regulated by Decree of the Government of Moscow dated 02.07.2013 N 428-PP "On the procedure for installing fences in the adjoining territories in the city of Moscow" (Procedure), in accordance with paragraphs 4, 7 of which installation of enclosing devices is carried out on the basis of decisions made at general meetings of the owners of the premises of all such apartment buildings, followed by approval by the Council of Deputies of the municipal district, on the territory of which it is planned to place the corresponding enclosing device.

Thus, the installation of a gate (enclosing device) at the entrance to the courtyard of a residential building must be carried out on the basis of general meetings of owners and coordinated with the Council of Deputies of the municipal district.

3. Is it legal to restrict the rights of owners of non-residential premises, as well as new owners of real estate (new settlers) to use the adjacent territory in comparison with the rights of homeowners; What is the procedure for determining the order of use of the adjacent territory?

The procedure for determining shares in the right of common ownership of common property in an apartment building, both for owners of residential and non-residential premises, is established by Article 37 of the Housing Code of the Russian Federation in proportion to the total area of ​​​​the premises belonging to a particular owner.

According to Article 39 of the Housing Code of the Russian Federation, the owners of the premises bear the burden of maintaining common property in an apartment building, the share of participation of each owner in bearing such expenses is determined by the share in the right of common ownership of common property in such a house of the specified owner.

Thus, when determining the rights to use common property in an apartment building, the law does not make any distinction between the rights of persons owning residential or non-residential premises by ownership, and also does not distinguish between the rights of owners depending on the duration of their possession of real estate. Access to the adjacent territory should also be carried out taking into account the balance of interests of the owners of residential and non-residential premises.

In accordance with paragraphs 6, 11 of the Decree of the Government of Moscow dated July 2, 2013 N 428-PP "On the Procedure for Installing Fences in Adjacent Territories in the City of Moscow", vehicles of owners of premises in an apartment building and other persons enter the adjacent territory in accordance with the procedure established by the general meeting of owners of premises in an apartment building.

The installation and maintenance of fencing devices is carried out at the expense of the owners of premises in an apartment building. Relevant information about the approval by the general meeting of owners of the relevant Procedure for the use of the local area can be requested from the Management Company and from the Chairman of the House Council. It is possible to challenge the relevant decisions of the general meeting of owners of premises in the house in court (the prospects for such an appeal must be determined taking into account the limitation period, depending on the time the relevant decision was made).

4. What is the procedure for obtaining reports on the use of funds for the operation of the gate (security maintenance)?

To obtain information on the grounds and procedure for using the adjacent territory, it is necessary to send a letter to the association of owners (HOA) or to the Management Company (depending on who is the managing organization) for clarification of issues and for obtaining copies of certain documents. The letter must contain the following items:

• on what basis (on the right of ownership or right of lease) the owners of the premises in the house use the adjacent territory;
• provide copies of documents confirming the rights of the owners of the premises in the house to the land plot of the adjacent territory (a lease agreement with a plurality of persons, another document on the provision of a land plot, certifying the rights to the land plot);
• on what basis was the installation of the gate (fence, barrier) restricting entry to the adjacent territory of the house;
• provide a certified copy of the minutes of the General Meeting of House Owners, at which a decision was made to install the specified gate (restricting access to the adjacent territory of the house);
• provide certified copies of the minutes of the General Meeting of the House Owners, establishing the procedure for the use of the adjacent territory by the owners of residential and non-residential premises in the House;
• provide certified copies of the minutes of the General Meeting of the House Owners regarding the establishment of the amount of the fee for the maintenance of such gates and the maintenance of security paid by the owners of the premises in the House.

In accordance with the provisions of clause 3 of Decree of the Government of the Russian Federation of September 23, 2010 N 731 “On approval of the information disclosure standard by organizations engaged in activities in the management of apartment buildings”, the managing organization is obliged to provide, at the request of the owner, including the following information:

• information on the main indicators of financial and economic activity (including information on annual financial statements, the balance sheet and its appendices, information on income received for the provision of services for the management of apartment buildings (according to separate accounting of income and expenses);
• information on expenses incurred in connection with the provision of services for the management of apartment buildings (according to separate accounting of income and expenses), estimates of income and expenses of the partnership or cooperative, report on the implementation of estimates of income and expenses of the partnership or cooperative);
• information on the work performed (services rendered) for the maintenance and repair of common property in an apartment building and other services related to the achievement of the goals of managing an apartment building, including information on the cost of these works (services) and other services;
• information on the provided communal services, including information on suppliers of communal resources, established prices (tariffs) for communal resources, norms for the consumption of communal services (standards for the accumulation of municipal solid waste);
• information on the use of common property in an apartment building;
• information on the overhaul of common property in an apartment building.

  This information is disclosed by the managing organization by decision of the general meeting of owners of premises in an apartment building on the basis of a management agreement in cases where the managing organization is entrusted with organizing overhaul of this house, as well as by a partnership and a cooperative, with the exception of cases when the owners of premises in an apartment building form a capital repair fund on the account of a specialized non-profit organization that carries out activities aimed at ensuring the overhaul of common property in an apartment building (regional operator);

• information about the general meetings of owners of premises in an apartment building, the results (decisions) of such meetings;
• report on the execution of the management agreement by the managing organization.

Thus, information on the costs of maintaining the common property of an apartment building must be provided by the Managing Organization at the request of the owner.

If the costs of maintaining the gate (guards, fencing, barrier) are not subject to collection through the Managing Organization, but are collected directly by the House Council, the amount of such costs must be established by the decision of the General Meeting.

Having collected all the necessary information, the owner of the non-residential premises himself or with additional legal assistance can resolve his issues, depending on the data he has collected, through negotiations with representatives of the tenants or, in case of disagreement, through the courts.

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If you find yourself in a similar situation, you can ask a question or seek help from the specialists of our company.

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As specified in Article 36 of the Housing Code of the Russian Federation, in an apartment building all places are intended for general use by all residents, and they are in their shared ownership.

The owners of the premises may own and, with certain restrictions, dispose of this property.

Common areas in apartment buildings include:

1. Premises of a residential building that cannot be classified as apartments and their purpose is service. These are elevator shafts and corridors, attic rooms, landings between floors, a technical floor and a basement, as well as other rooms where engineering communications are located.
2. Those premises that do not belong to the property of citizens and are used to meet social and domestic needs. These are rooms for leisure activities or physical education, etc.
3. Roofing, non-bearing and enclosing structures, as well as all equipment (mechanical or plumbing) that is necessary for servicing the premises, if their number is more than 2 pieces.
4. All objects in the local area that help maintain the house and the territory itself, in particular. The area of ​​common areas in an apartment building varies in each case.

Who pays for heating in the entrance and common areas?

The difference between the consumption of the general meter for the house and the individual consumption for all apartments will be divided by each of them, subject to taking into account its area. This means that the difference in the readings on the receipt is marked as an ODN fee.

The heating of common areas in an apartment building, as can be found from the Government Decree, is determined by a special formula prescribed in it.

The volume of the consumed service, which went to the general needs of the house, is distributed among the consumers. For the billing period, the expense cannot be higher than prescribed in the regulations.

Calculation example

For example, if for a year, according to the general house counter, the indicators were 800 Gigacalories, and the area of ​​\u200b\u200bthe whole house (including apartments and common areas) is 6000 square meters, then we need to calculate how much heat is spent on each m2.

In this case, during the year, 0.133 Gcal had to be spent on heating each meter, and 0.011 Gcal was spent monthly. According to tariff plans, citizens pay 1 Gcal at a cost of 943.60 rubles.

Accordingly, on a monthly basis, each tenant of the house must pay 943.60 * 0.011 * 1.18 (VAT) = 12.2 rubles for heating a square meter in the house. To find out how much to pay for your apartment, you just need to substitute the footage of your home and multiply by this value.

On average, the owner of an apartment with a total area of ​​40 square meters needs to pay 488 rubles a month for heating common areas.

Content Features

If we talk about legislation, then all the rules for the use of the common area and the obligations of the owners are spelled out in the Housing Code of the Russian Federation and the Decree of August 13, 2016.

According to these two documents, all places of common use must be constantly in good condition, the same applies to all communications. The owners of the premises themselves, through the meeting, must decide how, when and at what cost to carry out repair work. Documented terms of these works are not regulated.

A number of points regarding the frequency of scheduled cosmetic repairs of the facade or entrance can be prescribed in the contract for the maintenance of a residential building. At the meeting, the owners themselves need to decide and approve the timing of the repair work.

The need for their implementation is established and prescribed in the act of examining problematic public places. According to the Housing Code of the Russian Federation, the maximum time period that is allotted for the overhaul of entrances is 5 years.

It is logical that the replacement of windows and other minor work, as well as the replacement of the heating system, is carried out mainly in the summer. This also includes cosmetic work such as painting walls and railings. As for payment, the entire cost of the repairs carried out is included in the fee for the services provided by the management company.

Residents make small monthly payments for repairs to common areas. The amount of such a fee can be approved at the general meeting, if a quorum votes for it and the decision is correctly executed.

In most cities, residents are faced with the lack of the notorious lighting at the entrance and in the stairwell. Previously, the owners paid from their own pockets for the consumed kilowatts, which was included in the tariff item "Housing Services".

Lighting of common areas in an apartment building implies:

1. Performance of work to ensure the supply of electricity to common areas: maintenance and repair of electrical networks, as well as lamps.
2. Maintain all engineering systems (which are common property) in proper condition so that the owners can be supplied with electricity to common areas.

On the one hand, apartment owners can be understood: it is often a surprise for them that they have to pay for electricity spent on general house needs.

In addition, the lights in the entrances are constantly on, the convenience store on the ground floor can “feed” from the house, etc. And on the other hand, since the residents live in high-rise apartments that they own, which means that they will have to pay for the kilowatts spent on lighting this house.

Since the management of the house is transferred to the owners, they are financially responsible for everything that happens in it. Resource supply companies also do not want to incur losses for an unpaid, but supplied resource, so let's take an example of how and who will pay for the light spent on general household needs:

Calculation example

The owner lives in an apartment of 37 square meters. It is located in a house with a total area of ​​900 square meters (including all residential and non-residential premises).

The general house meter showed that 1300 kW of electricity were consumed per month, while 840 of them were spent on lighting apartments and non-residential premises (office, shop, etc.) that are located in the house. The meter in the tenant's apartment recorded that he consumed 70 kW of electricity this month.

To find out how much to pay for electricity that was spent on the needs of the house, it is necessary to subtract the cost of lighting apartments from general house consumption. We carry out calculations: 1300-840 = 460 kW was spent on the needs of the house.

Then you need to find out what part of this amount you need to pay to each apartment owner. To do this, we divide the area of ​​\u200b\u200bthe apartment by the common house and multiply by the amount of energy consumed: 37/900 \u003d 0.041 * 460 \u003d 18.91.

Then this value must be multiplied by the tariff set by the regional energy commission. Thus, the owner of the apartment will have to pay 18.91 * 2.57 (local tariff) = 48.59 rubles for electricity that was spent on general house needs.

Cleanliness of the landing

Buying a home on the secondary market is a kind of agreement with the already established rules for cleaning the landing. The buyer has only a couple of options:

1. Follow the rules and try to influence them in the future.
2. Immediately enter into a conflict situation.

In this case, at the general apartment meeting, the management company should be chosen by voting. In this case, the responsibility for cleaning common areas in an apartment building falls on the shoulders of its employees.

Wet cleaning of window sills, walls and windows, sweeping and mopping are all the duties of the management company, which must also monitor the condition of garbage chutes and, if necessary, replace broken containers with new ones.

Since all tenants pay a fee for such services, they must be provided regularly and fully. Any problems should be discussed separately and, if the quality of the services provided is far from ideal, write a statement and change the management company.

Common areas are common property owned by the owners of a residential apartment building, as well as non-residential buildings. They include premises that are not part of apartments or offices and are available for stay, visit and use by the public. Restrictions on access to such areas can only take place in cases where certain hours have been set for this. A similar decision is made on a different basis that does not conflict with the freedoms and rights of an individual or a group of people.

What does the Housing Code say?

According to the current legislation, common areas in residential buildings are common house property.

His list includes:

The land on which the house was built. This also includes the improvement objects located on them, as well as those that are specially created for housing maintenance.
- Roofs and structures that perform enclosing and load-bearing functions.
- Equipment installed for the purpose of servicing apartments.
- Other types of premises that are not the individual property of citizens, used for social and domestic needs.
- Premises necessary for servicing residents and apartments (landings with elevators).

Multi-storey residential building

Common areas in a building in which people are located are determined by the state or self-government body, based on the design features of the premises. What is the purpose of this order? It is necessary to fulfill the obligations for the maintenance of property, control over its proper maintenance, as well as for the competitive selection of organizations that will manage the facility.

What are they, common areas in an apartment building? What is included in their list? It contains:

1. Premises for various purposes, located inside the house, but not positioned as structural elements for building apartments, as well as their geometry. Such common areas are designed to serve not only the house, but also its residents (more than one).
2. Platforms through which access to housing is carried out, as well as to the exit from the entrance, elevators, stairwells, as well as elevator shafts.
3. Techno-operational and attic floors.
4. Built-in garages located under the house in the basement, or designed as part of an immovable object.
5. Equipment designed to serve residents (more than one), as well as additional service sites located inside the building that are involved in servicing such equipment.
6. Boiler rooms, as well as other specialized service areas.
7. Fences or barriers.
8. House roof.
9. Bearing elements of the building, which are located in places for mass use.
10. Enclosing objects located inside the house (stair railings, parapets, etc.).
11. Doors and windows in rooms intended for public use.
12. Mechanisms and devices necessary to satisfy people in the light, warmth and other benefits of civilization.

How to briefly describe the common areas in an apartment building? What is included in their list? It contains everything that is located on the territory of the house and performs the task of creating comfortable conditions for its residents.

Features of common property

For places intended for use different people, a number of characteristics are characteristic, namely:

The need to use several or all rooms in the house;
- consideration as a single object;
- performance of service functions.

Payments

What is the reason for putting common areas in a separate category? This is necessary to pay for their operation. Today, tenants of apartment buildings are forced to pay money for common areas in an apartment building. What is included (a hostel is not considered under this scheme) in a utility bill? This includes the lighting of places intended for public use. Previously, there was no such line in the receipt.

However, reimbursement for electricity costs in places used by more than one person has always been made. The only difference so far is the delimitation of the lines in the receipt. According to the procedure established by law, the costs of maintaining public places must be distributed according to the share participation of the participants in the cooperative or a tenant in an apartment building.

Invoices for lighting of such premises include payment for:

Losses of electricity caused by imperfect wiring;
- light in the entrance;
- food for a specialized means of communication (intercom), which serves to prevent unauthorized persons from entering the entrance;
- an installed amplifier for a television antenna, which can be used by all residents of the house;
- lighting basements and attics.

Suppose there is a collective meter in the entrance. It takes into account the electricity consumed in use. The indications of such a device in kilowatts must be divided into all equity participants in collective real estate. Accounting is carried out according to the number of citizens who are registered in this house on the right of personal property.

Features of communal housing

Living in the same apartment with neighbors who are complete strangers can hardly be comfortable. After all, each person has his own habits and a certain daily way of life.

Life in a communal apartment is constant quarrels over noise, various trifles, and also over public places. Even adults find it difficult to inspire the idea that you just need to respect each other and comply with certain agreements.

Places available to all residents

Anyone who lives in a multi-occupied apartment has the same right as his neighbors to use the corridor and the kitchen, toilet, hallway and bathroom. All these are common areas in a communal apartment. According to general rule, tenants have the right to occupy part of the above premises with furniture or other property according to their share of ownership.

How are common areas in a communal apartment used? There is no definition of this order in the legislation. What to do if disputes arise between tenants? In such cases, issues are resolved in court.

Repair

In what cases is a multi-occupied apartment in need of construction work? The need for repairs is established by representatives of those organizations that service the house or manage it. Such a conclusion can be made by invited experts called by the residents of the apartment. After drawing up the act of inspection, the final decision is made. If it is positive, then the next step is to draw up an estimate.

Payment for repairs is made by residents. However, people are not always ready to contribute money for the improvement of common areas in non-residential premises. Judicial practice suggests that if neighbors refuse to pay, you can take these costs on yourself. Reimbursement will be available at a later date. To do this, you will need to submit the relevant documents to the court. After he makes a positive decision, the money will return to your wallet. At the same time, repairs will be made on time, providing aesthetic pleasure.

non-residential buildings

Public spaces exist not only in houses inhabited by people. There are also in various shopping and administrative centers, households and other buildings in which shops, offices and warehouses are located.

A non-residential building, like an apartment building, is not a separate object. This is a set of premises (offices, cabinets, etc.) that belong to a separate owner. Often these spaces are rented out.

Who owns the common areas in a non-residential building? Sometimes such premises are the property of the municipality, which transfers them to enterprises on the basis of economic management.

Multi-subject relationship

Who uses the common areas in a non-residential building? The answer to this question is not easy. The fact is that in management there is a multi-subjectivity of relations.

The main users of such a building are:

Tenants;
- direct owners;
- credit organizations (banks, etc.);
- unitary enterprises;
- municipalities.

Owner Relations

How are common areas in a non-residential building used? Determination of the legitimacy of certain relations of owners at the moment is a complex and still developing institution.

In addition, the current practice of shared construction of non-residential buildings leads to the fact that a huge number of owners appear. Their number is constantly growing in existing buildings. To date, the relationship of owners began to go beyond civil circulation. That is why this problem requires additional attention from the legislature.

Common areas

If an individual or legal entity owns a separate room in a non-residential building, then in any case, he will own a certain share of the common property located on the territory of the building. What is included in this category? Common property in a non-residential building includes:

Premises required to service more than 1 premise of the building;
- landings;
- halls;
- stairs;
- elevator and other mines;
- corridors;
- technical floors;
- attics;
- roofs;
- cellars with engineering equipment located in them;
- non-bearing and load-bearing structures;
- various types of equipment.

The right to share ownership of public spaces belongs to those legal entities and individuals who have purchased one or more premises in the building. In this case, it is necessary to have a document certifying registration in the real estate register.

Civil Code of the Russian Federation in paragraph 1 of Art. 247 indicates that the use and possession of property in shared ownership is possible only by agreement with each of its participants. And if the parties do not come to a consensus? In such cases, this or that issue may be considered in court. When making a decision, the court proceeds from the real possibility of legal compliance by the owners of sanitary-epidemiological and fire safety standards. The balance of economic interests of each of the parties must also be observed.

After determining the procedure for using and owning the common property of a non-residential building, mandatory legal relations arise between the owners. At the same time, each of their participants has the right to legal requirements for the fulfillment of certain conditions.

A special legal regime arises between the owners of premises in a non-residential building. Each of the parties has a need to service more than one room. At the same time, the court has the right to determine the schedule and frequency of use of such places, as well as their maintenance.

For any normal person, the sight of dirt causes negative emotions, especially cleanliness directly affects the health of his body.

In their own apartments, people independently keep order, can create cleanliness and comfort at least every day.

At the entrances, cleaning and maintenance is included in, which serves the apartment building.

This requirement is set out in Housing Code in article 36. Below is a detailed description of the rules for maintaining staircases in order.

Definition of concepts and legislative regulation of the issue

The law does not provide for the presence of a cleaner for each separate entrance. She can clean from three to ten objects at once. If the housing and communal services do not provide such specialists at all, then it violates the law.

According to Decree of the Gosstroy of the Russian Federation 170, approved since September 27, 2003, employees must clean the stairwells management company. It is also allowed to enter into agreements with contractors. In accordance with Government Decree on Article 290, adopted on April 3, 2013, as well as GOST on housing and communal duties and services, stairwells are cleaned by designated persons. Carrying out professional duties, they are guided by the rules from the listed documents.

Mandatory cleaning in the hallways multi-apartment residential complex is produced in accordance with the legislation of the Government of April 20, 2013. Display graphic arts A similar process is included in the annex to the contractual agreement with the housing authority.

Rules for putting things in order

From Section 36 of the Housing Code it follows that the common property of an apartment building consists of elevators, corridors, platforms, attics, technical floors, stairs, basements and other premises located in this building.

According to Government Decree 290 management company is responsible for performing a minimum number of various actions related to keeping the house clean and providing an acceptable image to each entrance.

In the same paragraph, provisions are made according to which cleaning and wet cleaning produced for the following areas:

• corridors and vestibules;
• window sills, elevators, window bars and pits;
• cabinets and doors to electrical panels;
• mailboxes and landings.

Cleaning entrances that meets all legal standards is a duty. Consequently, the money contributed by residents for its repair and maintenance is directed to this organization.

Frequency of implementation

According to general specifications GOST of the Russian Federation 51617-2000 about housing and communal services, the cleaner must perform the following work:

Responsible for maintaining cleanliness

In accordance with the Government Decree, it is the responsibility of all public utilities to properly maintain the supporting structures of a residential building, equipment, engineering and technical systems.

From the twenty-third point, one can clearly distinguish actions related to the maintenance of the premises located in an apartment building. These include:

• implementation of wet and dry cleaning in halls, vestibules, galleries, corridors, cabins and elevator platforms, ramps, stairs;
• wiping dust that covers window grilles, window sills, stair railings, electric meter cabinets, mailboxes, low-voltage devices, door panels, boxes and handles, door closers;
• window glass cleaning;
• removing dirt from protective devices. As a rule, these are metal gratings, cell covers, pits, textile mats.

Conflict situations and methods of their resolution

At the moment, very often residents of apartments are faced with poor quality cleaning in the entrances. Many complain about the poor condition of flights of stairs due to a noticeable layer of dirt or dust on them, debris, cobwebs, surrounding inscriptions, including on the walls. Obviously, these situations arise due to irregular restoring order in the entrances.

Not everyone can silently react to this state of affairs, so they try to defend their own rights. You can be indignant for a long time, hoping for a change for the better, but the most effective way is to contact the housing and communal service or the management organization serving the corresponding residential building. These companies are obliged to give advice on maintaining cleanliness in the premises, because the payment for utilities includes cleaning the entrances belonging to a particular house. Dissatisfied residents should be provided with qualified specialist advice.

Residents have the right to direct written claim in the form, about the dirty state of staircases or entrances. Such a document is drawn up in any form indicating the requirements. Employees of the management company or housing and communal services are required to provide a number of necessary clarifications on the application.

Conflicts may be related to the work of cleaners in the entrances. All complaints about the failure to fulfill their tasks, violation of laws on the maintenance of landings, as well as the absence of an employee at his place of work are submitted to the management of the management company at the place of residence. They, in turn, must take measures in relation to the negligent employee, including for further negligent attitude to their work, he will be removed from his post.

The housing management company must send a special commission, in order to assess how well the work was carried out to maintain cleanliness in the entrances.

If the apartment building maintenance company does not take any action on the complaint received from the owners, then they have every right to send to the following organizations:

• Federal Service Rospotrebnadzor;
• prosecutor's office;
• city ​​and district administration.

Consideration period sent complaints is no more than one month from the date of their receipt. If the application is urgent, the review period is reduced to one or five days.

Thus, maintaining cleanliness in the entrances of buildings with a large number of apartments is a mandatory norm of legislation, approved on April 20, 2013. When concluding a contractual agreement with a management company serving an apartment building, a cleaning procedure must be attached to it. This organization is responsible for the execution of the provision of such a service to the owners of residential premises.

The rules for the provision of cleaning services in apartment buildings by management companies are described in the following video: