Regardless of what kind of relationship develops between neighbors living in the same communal apartment, everyone should know what their common property is, how it can be divided and what rules are established for living in such an area. Such knowledge makes it possible to resolve many issues and conflicts, since the presence of rules regulates the rights of each resident, and they will need to be held accountable for their violation.
First of all, it should be clarified that a communal apartment means not just social housing where relatives live, but real estate in which there is more than one living space and they belong to different owners. Unlike social rent, communal housing can be rented out. This right is guaranteed by Article 30 of the Housing Code of the Russian Federation.
If the apartment is divided between several owners, which is properly documented, then they are not required to coordinate any transactions among themselves. However, everything related to the use or change of common property cannot be touched independently and without warning. Accordingly, according to the law, you cannot arbitrarily seize any shared premises in an apartment, motivating this in any way.
What is considered common?
Common areas in a communal apartment are sanitary facilities (toilet, bathroom), hallway, storage room and kitchen. At the same time, a balcony and a loggia, which are located in a room that belongs to someone, do not belong to public places, and only the owner of this room has the right to use them.
Dear readers!
Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right →
It's fast and free!
Or call us by phone (24/7):
If you want to find out how to solve your particular problem, call us by phone. It's fast and free!
+7 Moscow,
Moscow region
+7 Saint Petersburg,
Leningrad region
+7 Regions
(toll-free call for all regions of Russia)
Common premises are an issue that is relevant not only for neighbors of communal apartments, but also for any jointly owned housing, including municipal housing. In particular, the issue of public places is especially acute for those who only intend to apply for free or paid privatization.
According to the law, it is allowed to privatize not the entire apartment, but only part of it, a room or several rooms. In fact, it is not possible to allocate part of the total area in kind, especially when there are not two, but more owners. However, by default, the owner is allocated a part of the total area commensurate with the share of the apartment that belongs to him. That is, if a person owns a room that occupies half or a third of the apartment, then he will be allocated half or a third of the kitchen, hallway, bathroom, pantry, and so on.
Terms of use
Neighbors living in the apartment have the same rights to use the common area. None of them can limit access to these premises or completely block use. The parties can not only use the premises, but also place their furniture, equipment and other items there, taking into account that this will not infringe on the interests of other residents. Littering the common area is prohibited.
It is also impossible to sell premises that are in common use. Even if we are talking about a privatized room or rooms, the owner has the rights to sell them, but along with them he sells his right to use common property, which, as mentioned earlier, cannot be allocated in kind. If any conflicts arise, they can be resolved through the courts.
As for carrying out repairs, this responsibility rests with all neighbors who own the communal apartment. In this case, it is necessary to draw up an estimate of the work, since the costs are not divided equally between the parties, but in proportion to the shares that the residents have in the apartment. If you refuse to pay your part, you can recover it, again, through the court.
We should not forget about maintaining silence at the times established by the region. Typically, making noise is prohibited from 23:00 to 07:00. Time varies in different localities by plus or minus an hour on weekdays.
Use of common areas in a communal apartment
In my opinion, the truth is on the side of your neighbors. The kitchen is an indivisible object of common shared ownership (Article 41 of the Housing Code of the Russian Federation (as a more clear example, I will give a toilet, but in it you also own 2/3 or, for example, an oven in a kitchen stove)) therefore, without the consent of neighbors, you can dispose of the reconstruction kitchens are not allowed. Reorganization of common property is administrative actions in relation to it (Part 2 of Article 209 of Article 246 of the Civil Code of the Russian Federation). You also cannot prohibit them from using the common indivisible property. The only thing that is possible is to demand appropriate compensation from them (Part 2 of Article 247 of the Civil Code of the Russian Federation), but I think it will be very difficult to calculate and prove it.
We recommend reading: Law on Acquisitive Prescription for Long-Term Residence
Hello, help me resolve the dispute: We are the owners of 2/3 of the apartment, which does not have a bathroom, our neighbors share 1/3 of the apartment. We are planning to install a shower stall in our half of the kitchen, and we do not plan to share with them since in the future they want to rent out the room. They accordingly disagree, explaining that the kitchen is a public place.
Household nuances
The rules for living in a communal apartment are somewhat different from living in your own living space. However, very often conflicts arise in the domestic sphere due to something that many owners do not think about:
- Smoking in a communal apartment - nowhere in the laws does it state that this cannot be done, but smoking citizens must smoke exclusively in their room or leave the apartment, since federal law prohibits smoking in common areas. Neighbors can complain to the district police officer about violators of this law, and after systematic calls, file a lawsuit.
- Keeping Animals – There are no government regulations regarding living with animals. Previously, it was necessary to obtain written permission from all neighbors, but today this is not relevant. So, for example, when neighbors have no medical contraindications for animals, they can be kept by default. If there are indications, written permission will be required. All responsibility for sanitation and hygiene rests with the animal owner. If it is not followed or the dog barks at night, residents can file a complaint.
- Cleaning of common areas - standards are set out in the Civil and Housing Code of the Russian Federation. Responsibility is assigned in proportion to the existing shares in the communal apartment.
Common property in a communal apartment
Shares in the right of common ownership of common property in a communal apartment - (see: Shared ownership). The right of common shared ownership of the common property of a communal apartment arises by virtue of the acquisition of a room in a communal apartment and does not require independent registration. Ownership of communal... ... Housing Encyclopedia
Mortgage - (Mortgage) Definition of mortgage, emergence and regulation of mortgage Information on the definition of mortgage, emergence and regulation of mortgage Contents Contents Grounds for the emergence of a mortgage loan and its regulation Mortgage by virtue of... ... Investor's Encyclopedia
Communal payments
Payment for utilities is also borne by residents in proportion to their shares in the apartment. For example, if accounting devices (meters) are not installed in the premises, the parties must decide among themselves on what principle they will divide the payment - according to the occupied area or the number of residents. Each case has its own nuances and not everyone is comfortable and correct what is for others.
In the case where there are metering devices, the rules do not need to be changed. It is unlikely that anyone will use a meter to track exactly how much resource they spent and calculate the total amount at the end, although this option is not excluded.
When neighbors cannot reach a solution peacefully and go to court, the decision will be as follows: gas, heating and water are divided by the number of people living, and electricity is calculated according to the installed appliances in the rooms.
Russian legislation does not regulate obligations regarding the division of payment for utilities in a communal apartment, but there are penalties for non-payers. Personal accounts can be divided so that each resident owner is responsible for their own payments, but in practice not everyone does this. Accordingly, if one neighbor does not pay and the bills are not divided, everyone will be held responsible, even those who pay their share.
How are meters divided in a communal apartment between registered
4. When transferring ownership of a room in a communal apartment, the share in the right of common ownership of the common property in this apartment of the new owner of such a room is equal to the share in the right of common ownership of the specified common property of the previous owner of such a room. 5. The owner of a room in a communal apartment has no right:
2. The share in the right of common ownership of common property in an apartment building of the owner of a room in a communal apartment located in this house is proportional to the sum of the dimensions of the total area of the specified room and determined in accordance with the share in the right of common ownership of common property in the communal apartment of this owner of the area premises constituting the common property in this apartment.
Disposal of property
If the rights to use premises in joint ownership are clear in principle, it is possible to decide where to smoke, whether to get a cat and how to distribute repair and cleaning responsibilities, but with the disposal of a communal apartment, everything is not always so simple. You should pay attention to Article 250 of the Civil Code, according to which, when the owner of a room or rooms decides to sell his property, he must first offer it to his neighbors living in the same apartment. They have priority rights to purchase.
In this case, you must inform about the intention to sell officially, in writing, by registered mail with notification or through a courier, in order to have in hand a document confirming the fact of sending the notification. Otherwise, you can unsuccessfully prove this in court.
Neighbors who do not want to purchase the part of the apartment being sold must write and have a refusal certified by a notary. But, if they don’t want to bother with documents, waste their time, or simply interfere with the deal, it’s okay. A month after receiving the notifications, the owner will be able to sell his part without any refusals or consents under the law. If notice is not given, neighbors can challenge the deal in court by filing a claim within a month after the room is sold.
Violation of the rules of residence
It is important to know and follow the rules of living in a communal apartment so as not to get into trouble. Each neighbor has the same rights and responsibilities, and accordingly, they can demand their protection. When conflicts are not resolved peacefully, law enforcement agencies and then the courts come to the rescue.
Judicial practice highlights separately cases concerning legal violations for residents of communal apartments in relation to common areas. However, before filing a claim, it is important to document the facts of violations. We need copies of statements to the district police officer, law enforcement agencies, their responses, drawn up acts, protocols, testimonies of residents of neighboring apartments, photos and videos, etc. As for the last points, this is very important in case of clutter or if a smoking citizen allows himself to smoke in public places and conversations with him do not bring results.
Unacceptable behavior of residents is recorded by the district police officer. However, law enforcement should also be called when neighbors continue to smoke in the bathrooms, kitchen or hallway. It doesn’t matter what kind of violation it is, it is necessary to record it in order to resolve the issue, and not limit ourselves to meaningless scandals.
Basic rules for living in a communal apartment
- To pay for electricity, the power of the appliances used in each room and their number are calculated;
- Payment for heat energy is made relative to the territory of ownership of each tenant in the apartment;
- Payments for gas and water are calculated based on the number of living people (tenants and guests) living in the room for more than a month;
- “Repairs and maintenance” are paid depending on the share in common areas and based on the share of premises.
- Using television or radio equipment above the permissible noise level;
- Using musical instruments (guitar, violin, etc.), singing songs, screaming;
- Carrying out repair work on premises using loud-sounding tools and devices;
- Use of pyrotechnics;
- And other activities that contribute to noise pollution.
We recommend reading: How to find a notary at your place of residence
Possibility of privatization
Russian citizens living in municipal apartments under a social tenancy agreement, including in premises that are included in the housing stock of economic management organizations or operational departments, have the right to free privatization, if this opportunity has not been used before.
This process requires an agreed upon solution between residents. If any of them does not want to become a participant in privatization, he may not do so by writing a refusal. If children are registered and living in a communal non-privatized apartment, they must be included in the privatization agreement without fail. However, upon reaching the age of eighteen, they can independently once again, of their own free will, become participants in the privatization of other real estate for free.
According to the law, only isolated premises – rooms – can be privatized. It is impossible to transfer half of the room or kitchen into personal property. There is no need to obtain any consent from neighbors for privatization, as was the case before. After this, the owner has the right to do whatever he sees fit with the property or part of it.
Additional obligations
In the turmoil, we must not forget that common property, shared premises, is not only in the communal apartment, but also in the house where it is located.
The rights and obligations of homeowners apply to them according to the same principles. However, smoking is allowed in the common stairwells. Common property in residential apartment buildings:
- Premises not intended for living in, without a specific owner assigned to them;
- The roof of an apartment building (the entire roof, not just the areas above the entrances);
- Load-bearing structural elements and fences (slabs for balconies, partitions as walls, the entire list of load-bearing supports, foundation base, etc.);
- Door openings at entrances not to private apartments, objects that act as parapets, railings, windows in technical areas;
- Mechanical systems with special purpose in the field of sanitation and energy supply;
- Territories near the house, including the land on which the building is erected;
- All existing buildings intended for improvement of general household value (boiler rooms, collective parking, sports and children's playgrounds, garages).
