Repairs without the consent of neighbors in a communal apartment

Law on communal apartments, rules of residence

First of all, let's understand the term itself. The term “communal apartment” is not enshrined in official legislation. However, it is used at a regional level and refers to housing consisting of isolated rooms with several owners.

The rules for living in communal apartments are fixed in the Housing Code of the Russian Federation.

Thus, Article 41 defines the basic rights of owners to their rooms and to common areas (MOPs).

Article 42 explains how to determine shares of common property in a communal apartment.

And the content of MOPs in communal apartments is determined by Article 43.

Common areas are:

hallway;
corridor;
kitchen;
bathroom;
toilet;
balcony;
dryer (if available).

The code contains other rules relating to living in these apartments, and further in the article we will adhere to these provisions.

Rights and responsibilities of residents

The rights of owners to their room are not very different from an ordinary apartment. They have the right:

live in your room yourself or rent it out;
sell, give, leave as an inheritance;
unhindered use of common areas.

There are some restrictions. If the housing is not privately owned, but municipally owned, then the person lives here under a social tenancy agreement, and does not have the right to sell, give, etc., but can rent it out.

In addition to rights, there are, of course, responsibilities regarding residence:

Maintain cleanliness both in your room and in common areas;
pay for utilities, even if its premises are currently empty;
adhere to the duty schedule;
participate in apartment renovation;
comply with ethical standards of behavior.

Distribution of costs for maintaining common areas in a communal apartment

An agreement on the distribution of the burden of expenses between owners may determine the procedure for using common property in a communal apartment.
The share of mandatory expenses for the maintenance of common property in a communal apartment, the burden of which is borne by the owner of a room in this apartment, is determined by the share in the right of common ownership of the common property in this apartment of the specified owner. Disputes between residents in an apartment where several tenants live, related to the distribution of common expenses for utility bills and the implementation of procedures for the use of common areas, are considered by the court. In this case, if the owners cannot agree to bear the burden of expenses, their dispute is resolved in court.

Who has the right to live in a communal apartment without the consent of neighbors

There are few options here. First of all, these are the owners of the premises, or those who live there under a social tenancy agreement.

Guests can come to neighbors, and no one has the right to prevent this. But guests cannot live permanently. Or, after 90 days, you need to register temporarily at the passport office.

There are situations when you need to register one of your relatives in your living space. Owners can do this without anyone's consent. But employers are required to coordinate this issue with municipal authorities and ask permission from neighbors.

Privatized room and neighbors' rights

If the room is not private property, but municipal, or is run by a certain enterprise, it can be privatized. The conditions for acquiring housing ownership are determined by the Law “On the privatization of the housing stock of the Russian Federation”. Please note that only a certain room (or several rooms) is purchased, and common areas are used by all residents.

Consent to privatization must be given by all family members, including minors 14–18 years old.

You still need to collect a number of documents:

copy of passport;
copies of documents confirming that the property is municipal;
application for privatization;
receipt for payment of state duty;
floor plan;
a certificate from the housing department or homeowners association about the number of residents.

Here you can. ⇐

You can follow the link. ⇐

How are common areas divided?

MOPs - kitchen, bathroom, toilet, corridor, balcony - are used equally by all residents without any restrictions.

The costs of their maintenance are divided according to the share of ownership in the apartment. If the number of rooms is the same, then the number of family members is also taken into account.

To avoid conflicts, it is better to follow some rules:

put several bedside tables in the hallway, one for each family;
burners in the kitchen to be divided between residents;
create a bath schedule taking into account your individual daily routine;
do not take up space with various things in the aisles and corridors.

Obstructing the use of common premises may be a reason for the authorities to be involved. Therefore, it is better to resolve all issues among ourselves.

If a neighbor has unlawfully occupied the corridor with his things that create inconvenience, it is necessary first of all to get together with everyone who suffers from this and contact the offender. You can scare a person by threatening to call the police, because cluttering the passages can lead to dire consequences in the event of a fire! There is even a practice of going to court if the situation cannot be resolved peacefully.

Alternatively, you can carefully move the things that are bothering you from the aisle to the pantry or somewhere else. But be careful, the owner of the “junk” may decide that you are somehow laying claim to his property and are unlawfully taking upon yourself the right to dispose of it.

Payment for common areas in a communal apartment

All residents of the apartment are required to pay rent. It’s great if each family has its own metering devices. For example, electric meters and gas meters. What to do if there is only one meter for the entire apartment or there is none at all?

Then payments are distributed as follows:

the heating bill is distributed among all residents according to their share in the common property;
payment for water and gas - according to the number of family members;
accounts in the housing department (HOA) - also according to their shares.

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.

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My neighbor doesn't pay utility bills, what should I do?

It happens that one of the neighbors does not pay their share for utilities. Or, for example, 3 people live in a room, and two of them are unregistered. And the share of the payment is calculated only for one person. What to do in this case?

The main thing you need to understand is that the remaining tenants should not pay other people’s debts. And according to the law, no one can force them to do this.

You can turn off electricity, water and gas for non-payment if it is possible to turn them off only in a separate room. After all, the rest pay their bills regularly.

The best solution would be to install separate indoor meters. In some cities (Moscow, St. Petersburg), if such meters are available, receipts for communal apartments arrive separately for each owner.

If indoor meters are not installed, then all that remains is to apply to the court against the defaulter.

You can request a sample application. ⇐

Rules for renting housing

The owner has the right to rent out his home. The procedure for renting out a communal apartment is no different from a regular one. Only the rental agreement must contain not only the signature of the owner, but also the signatures of all adult family members. Their signatures will indicate that they consent to the rental.

But if the premises are municipally owned, then there are several nuances. First, you need to obtain written consent from the owner. This will be the Housing Committee or a specific enterprise. Secondly, it is necessary to coordinate with the neighbors.

Regarding the rental of communal apartments, the law has a limit on the number of tenants in a separate room.

The standard living space per person should not be less than 12 square meters. m. If the room has the same area of 12 sq. m. will be inhabited by not one, but several people, then the neighbors have the right to complain to the court. Since this will infringe on their right to use common premises.

How to quickly sell a room in a communal apartment in 2021

setting the conditions for selling a room;
notification of neighbors about the intention to sell the room, that is, compliance with the priority right to purchase;
receiving refusal or consent to purchase from neighbors, or their silence for a month;
searching for an interested buyer;
execution of a purchase and sale agreement;
state registration of transfer of ownership;
transfer of real estate, documents and keys to it to the new owner.

document on the right of ownership of the room or an extract from the unified register;
title papers of the seller of the room - document on entry into inheritance, court decision;
certificate with characteristics of the apartment;
an extract from the house register about citizens registered in the room and apartment;
technical and cadastral passports;
written consent of the spouse for the sale;
personal passports of all parties to the transaction;
written consent to the sale of the remaining owners of rooms in the communal apartment.

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Repair of MOPs in a communal apartment at whose expense

At the expense of the state

In their isolated room, each resident can make repairs themselves or hire workers. The main thing is that this happens during the daytime and the noise does not disturb the neighbors.

As for common areas, repairs can be carried out by the management company. Then she draws up a cost estimate and an inspection report of the premises.

Repairs in a communal apartment without the consent of neighbors, action plan

If residents decide that the condition of common areas is unsatisfactory, they can make repairs at their own expense. Then the entire cost is distributed equally among the owners. After all, everyone uses these premises together.

But even in this situation, when everyone seems to agree to repair, conflicts often occur when choosing materials (color, texture), their cost, and time for repairs. Of course, it is better to discuss all these points in advance. Otherwise, the court and housing department will have to intervene.

It happens that repairs are necessary, but not all neighbors agree to pay for them. In this case, the procedure is as follows:

contact the housing office to draw up an inspection report on the condition of the premises;
make an estimate;
contact your neighbors with this act.

Then there are 2 possible scenarios.

The first is that the neighbors still agree to the repairs and pay for them.

The second one still does not give consent, and then the repairs are carried out at the expense of the remaining neighbors. And after its completion, they go to court to recover a share of the costs of repair work. And the inspection report of the premises, issued by the housing office, will serve as proof that the repairs were necessary to preserve the integrity of the entire apartment.

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.

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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.

Redevelopment of a communal apartment

Room redevelopment

If the owner owns several rooms in a communal apartment, he may decide to remodel them. If the redevelopment does not affect the common areas, then you can begin its design.

If as a result of redevelopment there is an increase in the area of residential premises, then the written consent of the remaining owners is required. If at least one resident refuses to give this consent, redevelopment is impossible. Otherwise, neighbors have every right to go to court.

Only after obtaining consent from neighbors can permits be issued at the SES, fire inspectorate and other authorities.

Redevelopment of MOPs

To carry out redevelopment of common areas, the consent of all owners is also required.

Please note that such consent must be given by the owner of the property. If the family lives under a social tenancy agreement, then they will have to contact the municipal authorities or the enterprise for permission.

If consent has been received from everyone, then it must be certified by a notary and then contact the housing inspectorate. They are required to make a decision within 45 days.

If consent from all owners is not received, then the housing inspection will not give permission for redevelopment.

How is the total area distributed in a communal apartment?

Common areas in a communal apartment are considered the common shared property of the owners of the rooms in this apartment. The size of the share of each owner is proportional to the AREA OF THE ROOM, which is in his property (Article 42 of the Housing Code of the Russian Federation). This principle also applies to the case of social hiring.

We have a large (crowded) communal apartment. They occupied as much space as possible for cars and cabinets in common areas. They also put a closet in front of someone else’s room and the new tenants are demanding that it be removed, citing the fact that this territory belongs to them and they are paying for it. Please tell me how common areas are allocated in a communal apartment (per each registered person or per room)? And are the new residents right in their demands?

Determining the procedure for using public places

Cleaning

All residents are required to maintain cleanliness and order in a communal apartment. This point is recorded in the Housing and Civil Codes of the Russian Federation. However, it is precisely on this issue that quarrels and conflicts most often occur. Perhaps because the concept of “purity” is different for each person.

In order to somehow avoid quarrels over cleaning shared premises, you need to create a schedule. It is drawn up randomly, but every tenant must sign it.

When drawing up a schedule, it is necessary to take into account the number of residents and their individual daily routine. After all, two people can live in one room, but be in the apartment almost 24/7, and even receive guests. And in the neighboring rooms there are four, but from morning to evening they are at work.

How to force neighbors in a communal apartment to clean up

If not all residents follow the cleaning schedule, are unclean and simply dishonest, it is quite possible to force them to do this. We must fight for cleanliness and seek help from the authorities. Then sanctions will be imposed on them:

visit of SES representatives;
fine in court for failure to comply with sanitary and hygienic standards;
eviction (if the tenant is not the owner, but a tenant or lives under a social tenancy agreement).

Former communal apartment. Before and after renovation

I absolutely welcome everyone!!! Guys, banzai :-)! Long live the new renovation, a new unforgettable experience