What is an apartment building according to the code?

Apartment building concept

The lion's share of all housing is represented by multi-apartment residential buildings (hereinafter - MKD). The legislator reveals the meaning of this term - an apartment building should be understood as a set of two or more apartments, each of which has its own access to a plot of land adjacent to such a house, or to a common area. The Housing Code of the Russian Federation defines a residential building as an individually defined building, consisting of rooms and non-residential premises for auxiliary use to meet domestic needs.

The concept of a multi-apartment residential building is contained in the legislation

Often the concepts of apartment building and residential building are identified with each other. This should not be done under any circumstances, because there are a number of differences between these types of residential premises.

• number of owners - in simple terms, a residential building has one owner (a residential building can be in shared ownership of several or one owner, but the object of ownership is the building itself), and in an apartment building there are several of them. This means that in a residential building each owner will have a certain share, which will not be specified and cannot be allocated in kind. As for apartment houses, it is impossible to register part of the house as a property, but only a separate apartment with a certain floor, number, area, which will be indicated in the title documents;
• the presence of common premises (which are common shared property) - these are contained only in apartment buildings and have several varieties;
• in a residential building, the owner independently decides management issues; in an apartment building, this is done by a decision of a meeting of all owners, who can resolve current issues by creating an HOA (homeowners' association), or by voting to select a management company.

Table: what is the difference between an apartment building and a residential building

What is MKD in housing and communal services in accordance with the law and its status in housing and communal services

Therefore, if there are only private houses around the new building in which you are going to buy an apartment, ask the developer about the documents for allocating land for construction, and if you discover the above-mentioned fact, refuse to buy - the house will probably be demolished.

You will receive more information when you read the article “Yard, entrance and...”. If the form of management of common property is chosen to be a Home Owners Association or a House Council with direct management, then the apartment owners themselves will manage and maintain it.

Differences between an apartment building and individual housing

The Town Planning Code of the Russian Federation in Article 49 defines the concept of an individual residential building, meaning by it a residential building that has a height of no more than three floors and is intended for one family.

An individual residential building is a building intended for living by one family.

As for an apartment building, it is not limited in any way by the number of floors and families living in it (differences regarding the number of owners are reflected in the previous section).

What is included in an apartment building

The composition of an apartment building means the common property of the apartment building and the property of the owners of the apartment building.

Apartments

An apartment can be considered a part of a residential premises in an apartment building, separate and having a separate exit to a common area or to an adjacent plot of land intended for the residence of people (for example, the owner of this apartment or a tenant).

Non-residential premises

Non-residential premises are isolated premises in an apartment building that are not intended for people to live in.

In an apartment building, non-residential premises can be divided into primary ones - which were originally planned as such during the construction of the house, and secondary ones, that is, those that were residential, but were later converted into non-residential ones. Primary ones can be both common property and independent (separate) real estate objects. Most often, the first and basement floors of buildings that are intended for various types of commercial activities are equipped for non-residential premises in apartment buildings - they often house cafes, shops, private kindergartens, spas, etc.

Very often, the first floors of apartment buildings become non-residential premises equipped to provide services to the population

In order for a residential premises to be converted into non-residential premises, a number of mandatory conditions must be met:

• provide the future non-residential premises with a separate entrance (it is allowed to use a window opening for this purpose);
• make sure that there are no registered persons in such premises;
• make sure that third parties do not have rights to the premises;
• confirm that the object is not part of a residential premises.

Video: self-occupation of non-residential premises of an apartment building

Common property of MKD

All owners of apartments in a multi-apartment residential building have the right to a share in the common property. The size of this share is in direct proportion to the size of the share in the MKD. Common property is divided into several categories:

• premises in the house that are not part of the apartments and are necessary to service more than one room in the apartment building, including inter-apartment landings, stairs, flights of stairs, elevators, elevator shafts, corridors, technical floors, attics, basements in which there are utilities , various kinds of technical basements that serve more than one room in an apartment building;
• premises that do not belong to individual owners and serve to meet the social and everyday needs of homeowners in an apartment building, including premises intended for organizing and conducting leisure time, cultural and entertainment events, children's creativity, sports and physical education;
• roofs enclosing load-bearing and non-load-bearing structures of apartment buildings, mechanical, electrical, sanitary and other equipment located in the house inside or outside its premises and intended to serve more than one room;
• the land plot on which the house is located, including landscaping and landscaping elements, as well as other objects located on this plot and intended for the maintenance, operation and improvement of the apartment building. The size and boundaries of this plot are determined by the norms and provisions of Russian land legislation.

Borders of the apartment building

The definition of the boundaries of each not only residential building, but also any building is determined by law. For apartment buildings, they are reflected in the Housing Code, which states which objects belong to adjacent areas. In addition, this issue is partially regulated by the Civil and Land Codes, as well as building codes and regulations (SNiP).

Such adjacent plots are transferred to residents free of charge during their acquisition of rights to real estate in apartment buildings; however, subsequently, the owners are required to pay taxes on such territories. In addition, they are responsible for keeping such areas clean and tidy and improving them. All owners bear the costs in proportion to the size of their residential shares in the house.

You will not be able to dispose of your share of the local area at your own discretion. In other words, the local area is the area surrounding a residential building. It is assigned to each building in the title (land management, accounting and urban planning) documentation. The size of the plot attached to the apartment building is determined individually, according to a special formula, guided by the rules enshrined in SNiP.

Approximately this area is 4–7 meters, but other factors can be used in the calculation:

• roads surrounding the MKD and being in general use,
• number of floors in the house,
• density of buildings around, etc.

Example of a formula for calculation:

Adjacent territory = Total area of ​​buildings x specific indicator of land plot per 1 sq.m. living space (taking into account the number of floors, date of construction of the house, etc.).

Moreover, this formula can be supplemented with other indicators. Broken lines are allowed in the plan of the local area if some areas for one reason or another cannot be calculated in the usual manner.

If necessary, information about the boundaries of the local area of ​​​​the apartment building can be found:

• in the State Real Estate Cadastre. The official website of Rosreestr contains all the information reflected on the public cadastral map,
• in the cadastral passport, which will be kept by the chairman of the HOA or the management company;
• in the Unified State Register of Real Estate Rights. In addition, there you can get comprehensive information about the time and procedure for determining the current boundaries;
• in the authorized bodies on property and land issues, which are in charge of a specific land area.

All real estate objects are registered in the cadastral register, this is convenient - from the cadastral passport you can find out any information about the area, boundaries and other characteristics of the building

Mkd uk Chernigovskaya in the receipt for the communal apartment where it is located

The first part of the receipt for housing and communal services includes information about the details of the company providing the services; they are needed so that the user can pay for utilities.

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• The second block contains general information about the utility consumer (the owner or tenant of the residential premises), as well as the number of people living or registered in the apartment.
• The third block is the most important.
• maintenance of structural parts of the building and in-house engineering equipment;
• cleaning and maintaining order in the area adjacent to the house;
• maintenance of indoor gas equipment;
• disinsection and deratization (fighting insects and rodents);
• landscaping of the yard and adjacent areas;
• bringing public places into proper shape;
• timely garbage removal;
• maintenance of ventilation ducts and chimneys;
• elevator maintenance (if there is one in the apartment building);
• maintenance of the garbage chute (if there is one in the apartment building);
• electric lighting of common areas.

Rights and obligations of owners

All apartment owners bear a number of responsibilities for living and operating their apartment buildings, including:

• They can (and are obligated) to use their residential premises located in the apartment building exclusively for living. It is prohibited to use residential apartments for other purposes;
• All residents have the right to use common areas, but this can also be done directly for their intended purpose;
• the use of apartments and other premises must be carried out taking into account the interests of all other people living in the house;
• compliance with the requirements of regulatory documents regarding fire, environmental and other safety is a necessary condition when using common property;
• all residents bear the costs of maintaining their premises and common areas, pay for current and major repairs of these premises, and, if necessary, other (one-time) expenses.

Prohibited in MKD:

• make redevelopments and design changes that may lead to worsening fire safety conditions;
• produce and store poisonous, toxic, potent, explosive and other dangerous substances;
• carry out construction, repair and other “noisy” work in violation of the law (however, such issues are now resolved by regional legislative acts).

How to understand an apartment receipt

Housing and communal services receipt

is an official payment document that reflects information about the amount of debts of consumers for past billing periods to housing companies that provide utility services. Since different types of services can be provided by different companies, the consumer receives several receipts.

To calculate sewerage, you need to multiply the amount of water that was received according to the meter readings in your apartment by the sewerage tariff. First we calculate for cold water, then for hot water. We add up the resulting values. Their sum will determine the amount of payment for sewerage in the receipt:

Management of apartment buildings

Housing legislation provides for several ways to manage a residential apartment building:

• direct management by owners;
• organization of a homeowners' association (HOA);
• with the help of a management company (state or private).

The choice remains with the owners, who, through a general vote, determine the most acceptable and comfortable method for themselves.

Direct form of management and cooperatives

The direct form of management and cooperatives require residents to independently care for common property and the surrounding area of ​​an apartment building.

Residents have the right to create cooperatives, which are not subject to any registration, since they are often temporary in nature and targeted. For example, such a cooperative may enter into a contract agreement with outside organizations for various one-time works - for example, repairing entrances, etc. But in modern life, this form of management has become an anachronism and is quite rare, as it has a number of significant drawbacks.

Homeowners Association

A very common method of management is the HOA - a legal entity designed to reflect the legitimate interests of the owners of residential premises.

Residents who are concerned about the improvement of their apartment building can organize direct management of it - then a management company will not be needed

Such a full-fledged organization is very convenient to manage, as it simplifies the conclusion of various contracts with contractors and organizations providing certain services. When resolving legal disputes, the HOA can act as both a plaintiff and a defendant.

The partnership has a manager (director), as well as an established staffing and position calculation. Positions and salaries assigned to them are established by residents during general meetings. Members of the HOA can be both hired specialists and HOA participants, if they have the necessary level of professional education and skills.

The main advantage of HOAs can be considered the elective nature of leadership positions and the ability to exercise direct control if necessary.

Management Company

Recently, this method of management has become the most popular and is gradually replacing HOAs. The main advantage can be considered that management companies offer the services of professional craftsmen - plumbers, electricians, mechanics, etc.

The decision to transfer management of the house to a professional management company is made by a vote of the owners. In cases where the HOA has not been created, and the owners do not want to independently choose a management company, this right is acquired by the state, which on a competitive basis gives this right to one or another company. However, residents can change such a company at any time by a decision made at a general meeting.

At the same time, cooperation with a management company also has a number of disadvantages - very often such management companies strive to “squeeze” more out of residents as quickly as possible through unscrupulous fraud in calculating utility bills, as well as in other ways. At the federal level, possibilities and ways to exclude management companies from the chain of utility service provider and consumer are being considered.

Video: all about documentation for direct management of MKD

At first glance, living in an apartment building does not impose any burdensome obligations on residents, however, knowing the basics of the law, as well as your rights and responsibilities in relation to other people living in your building, will help make living in an apartment building as enjoyable as possible. conflict-free and comfortable.

Vitaly Sazonov

Lawyer, author of articles on legal topics. Education: state educational institution of higher professional education "Moscow State Open University".