The total area of a room as part of a communal apartment should include the living area of the room itself, the area of auxiliary premises, as well as the share of the area of auxiliary premises of the entire communal

The right to space in common areas in a communal apartment

Good day to you.
In a communal apartment, common areas are divided in proportion to the shares owned. In accordance with Part 4 of Art. 17 of the Housing Code of the Russian Federation, the use of residential premises is carried out taking into account the rights and legitimate interests of citizens living in this residential premises 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 sizes of the common the area of the specified room and determined in accordance with the share in the right of common ownership of the common property in the communal apartment of this owner, the area of the premises constituting the common property in this apartment.

Article 43 of the RF Housing Code. Maintenance of common property in a communal apartment

6. The right of first refusal is the right of participants in common shared ownership in relation to a share in their property sold to an outsider at the price for which it is sold, and on other equal conditions, except in the case of sale of such a share at public auction. Assignment of the right of pre-emption to purchase a share is not permitted.

According to Art. 250 of the Civil Code of the Russian Federation, public auctions for the sale of a share in the right of common ownership in the absence of consent to this from all participants in shared ownership can be held in cases provided for in Part 2 of Art. 255 of the Civil Code of the Russian Federation, and in other cases provided for by law.

The seller of a share is obliged to notify in writing the other participants in shared ownership of his intention to sell his share to an outsider, indicating the price and other conditions under which he sells it. If the remaining participants in shared ownership refuse to purchase or do not acquire the sold share in the ownership of real estate within a month from the date of notification, then the seller has the right to sell his share to any person.

When selling a share in violation of the right of first refusal, any other participant in shared ownership has the right, within three months, to demand in court the transfer of the rights and obligations of the buyer to him.

The stated rules also apply when alienating a share under an exchange agreement.

In accordance with paragraph 1 of Art. 24 Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it”, when selling a share in the right of common ownership to an outsider, documents confirming that the seller of the share notified the others in writing are attached to the application for state registration participants in shared ownership about their intention to sell their share, indicating the price and other conditions on which they are selling it.

The application for state registration may be accompanied by documents confirming the refusal of the remaining participants in shared ownership to purchase a share and drawn up by the body carrying out state registration of rights or notarized. In this case, state registration of the right to a share in common property is carried out regardless of the period that has passed since the seller notified the share to the remaining participants in shared ownership.

If the application for state registration is not accompanied by documents confirming the refusal of the remaining participants in shared ownership to purchase the share, the state registrar is obliged to suspend state registration until the expiration of a month from the date the seller of the share notified the remaining participants in shared ownership, if on the day of filing the application for state registration such the deadline has not expired.

Disputes between participants in shared ownership that arise during state registration of the right to a share in common property are subject to resolution in court.

How to get along with neighbors in a communal apartment

The use of common areas often gives rise to a lot of conflict situations between residents. Along with this, disputes can arise for a number of other reasons: loud noise, noise at night, music, keeping pets, smoking indoors, etc.

Another common problem that causes a lot of disputes is the use of an apartment for other purposes. Since a communal apartment is a residential property, it should be used exclusively for living in it.

History of communal apartments

Prototypes of communal apartments existed already in the century before last. Then the owners of the apartments divided them into parts with partitions - “corners”, which they rented to residents. Communal apartments, as we imagine them, are considered an integral attribute of the Soviet era, since they appeared after the revolutionary events of 1917. The Bolsheviks who came to power abolished private property, and therefore real estate became state-owned, and was managed by local authorities. “Condensation” began to be actively carried out - tenants were moved into large apartments of rich people (at the same time, the original owners of the apartments were often deprived), and communal apartments were obtained. The theme of “compaction” was partially touched upon in his story “The Heart of a Dog” by M. Bulgakov: the chairman of the house committee, Shvonder, constantly comes to Professor Preobrazhensky and demands to vacate several rooms in the professor’s multi-room apartment. By the 1930s, communal apartments had become common and widespread; Their spread was facilitated by industrialization, due to which a flow of population poured into cities from villages. They began to “unload” communal apartments in the second half of the 1950s, when the Soviet state set a course for mass housing construction to improve the living conditions of citizens (then “Khrushchev” appeared). But despite this, communal apartments are not a thing of the past for two reasons. Firstly, the existing system of official housing slowed down resettlement (employees of certain organizations received living space from them for the duration of their work, but they could not carry out any manipulations with the apartment, for example, exchange, since it belonged to the organization). Secondly, the practice was to move neighbors in with a family that had moved to a new apartment. And in the end we got a new communal apartment. After the collapse of the USSR, with the return of private property and the beginning of the privatization of housing, communal apartments began to be resettled; they were bought up by businessmen who needed space in the city center (as a rule, communal apartments were not located on the outskirts of the city). But even now communal apartments have not disappeared completely.

The communal apartment is an integral part of the Soviet era

In my opinion, the main reason why communal apartments are still alive is their cheapness: renting a room in a communal apartment is more profitable than renting an apartment in the same area. For example, according to the Domofond website, renting a room in a Moscow communal apartment near the Kievskaya metro station costs about 25 thousand rubles, and renting a one-room apartment in the same area costs an average of 50 thousand rubles. Because of this, some young families, in which the husband and wife are just starting a career or are still studying, find it easier to start living together in communal apartments (this is what my friends did - a young couple, he and she were senior students).

Abstract: Use of living quarters in a communal apartment

Communal apartment - an apartment consisting of several residential premises (rooms) belonging to two or more users or owners who are not members of the same family, on the basis of separate agreements, transactions, other actions provided for by law, sharing auxiliary premises (common areas of the apartment ) and engineering equipment in common areas.

3. You also need to take into account that a room in a communal apartment is part of a single object - the apartment. All owners in a communal apartment own, by right of common shared ownership, common areas in the apartment used to serve more than one room.

Hello!

It’s probably no secret that in our time communal apartments still exist. And let not everyone have to face the problems of such housing. Still, there are those who know first-hand all the delights of living in a communal apartment.

Often 2 or more families live in a communal apartment, each of which has its own room. The remaining rooms are a bath, toilet, corridor, kitchen, loggia or balcony, as well as utility rooms - this is the total area in a communal apartment . And each of the residents has every right to dispose of these rooms in equal shares. But if these points are specified in the civil code, then how and when the total area in a communal apartment can be used is not indicated anywhere. But disagreements about the use of a particular room are the most common cause of conflicts that arise when living under the same roof.

Of course, it is not surprising that disputes and conflicts arise. After all, essentially completely different and strangers live in the same room. But if you approach this issue more responsibly, you can find a way out of this situation. After all, the neighbors are quite sensible people and are probably also not happy with the fact that they have to constantly sort things out over the slightest reason. In addition, it is very inconvenient to live with a hated enemy under the same roof. And although it is not always easy to decide how the total area in a communal apartment is distributed and the time of its use! Still, it’s worth trying to reach an amicable agreement.

In any case, it is worth making a schedule that will indicate who and when can, with a clear conscience, go to the bathroom and use a common stove. This is precisely the total area in a communal apartment, which is most often the cause of discord. And although quite often disagreements arise about going to the toilet. It’s still not worth adding this item to the schedule, as it will be extremely problematic to comply with it. Here it is enough to use common sense and show at least a modicum of understanding.

Of course, living conditions in a communal apartment are not particularly comfortable and convenient. But still, if you don’t go into conflict and don’t forget about the most basic rules of behavior. Then you can live no worse than in a regular apartment, and maybe even make friends with your neighbors.

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Housing code for common areas in a communal apartment

What is the definition of a communal apartment ? As it turns out, there are many contradictions and ambiguities in this issue. As the housing code of St. Petersburg says, paragraph 6 of Art. 1 (Law dated July 16, 2001, No. 572-73, as amended on November 18, 2002): “A communal apartment is an apartment in the state housing stock of St. Petersburg or municipal housing stock, the residential premises in which are occupied under separate agreements ( social hiring, hiring, rent) by two or more employers (tenants) who are not spouses, parents, children or family members of the employer.” Communal apartments also include apartments from the state housing stock of St. Petersburg that meet the requirements of this definition, in which part of the residential premises has become the property of citizens, despite the fact that at least one premises (residential) is owned by the state. The Moscow Housing Code on communal apartments in Article 15 (Law dated March 11, 1998, No. 6, as amended on July 10, 2002) says this: “A communal apartment is an apartment consisting of several residential premises (rooms) belonging to two and more users and/or owners who are not members of the same family, on the basis of separate agreements, transactions, other actions provided for by law, sharing auxiliary premises (common areas of the apartment) and engineering equipment in common areas.”

Question: I live in a communal apartment for two owners, I have three children under my care and they are registered with me. A room has become available. Should the city administration offer me this room or can they move another person into it without notice? YOURS WITH RESPECT ZARUBIN I.

What is a communal apartment

A communal apartment (popularly known as a communal apartment) is an apartment in which several families and (or) several people who are not relatives live. A communal apartment consists of rooms and a common area. Rooms are considered independent living quarters, each of them housing an individual or family. The room belongs to its residents on the basis of any right arising on the basis of an agreement (for example, on the right of ownership and use under a social tenancy agreement, on the right of ownership under a purchase and sale agreement). The common area is the part of a communal apartment used by all residents; includes an entrance hall, corridor, bathroom, toilet, kitchen.

A communal apartment is very similar to a hostel (student or work). But they have one fundamental difference: a hostel is a place of temporary residence (that is, only during study/work), and a communal apartment is a place of permanent residence. Plus, a room in a communal apartment may be the property of the resident (which cannot be said about dormitories).

Common areas section

Thus, the common property in a communal apartment, as a rule, is in the joint use of the owners and tenants of the rooms located in this apartment, and also, based on the provisions of Part 2 of Article 31 and Part 2 of Art. 69 of the Housing Code of the Russian Federation, members of their families, and the procedure for using such premises should ensure that all residents have the opportunity to use common property to the same extent.

Zoya. Thanks for your reply. I want to understand how it is divided into shares or just 50/50. From your answer the conclusion is that it’s both ways. And how can we resolve this issue with our neighbors, since they flatly refuse to listen to us and move anything. Court? Or are there other authorities capable of establishing rights to this area?

Commentary on Article 42 of the RF Housing Code

1. The size of the share in the right of common ownership of common property in a communal apartment is determined based on the fact that the specified share is proportional to the size of the total area of the room belonging to the owner in this apartment. At the same time, the total area of the room belonging to the owner does not include the area of balconies, loggias, verandas and terraces (see Part 5 of Article 15 of the Code).

If in a communal apartment the owner owns two (or more) rooms, then it should be assumed that this circumstance in itself should not be taken into account when determining the size of his share in the right of common ownership, since the decisive factor in this case is not the number of living rooms, but their total area.

Thus, the shares of participants in common ownership in a communal apartment are not equal. Therefore, in this case, the rules of civil law on shared rather than joint ownership apply. In this regard, it is advisable to keep in mind that the share of a participant in shared ownership can be increased according to the rules of the first paragraph of clause 3 of Art. 245 of the Civil Code of the Russian Federation, if this participant has carried out at his own expense inseparable improvements to the common property.

2. The owner of a room in a communal apartment, in addition to the right to a share in the ownership of the common property in this apartment, also has a share in the ownership of the common property in an apartment building. It is proportional to the sum of: a) the size of the total area of the specified room and b) the size of the area of the premises constituting the common property in this apartment, determined in accordance with the share of the given owner in the right of common ownership of common property in a communal apartment.

3. In accordance with the principle underlying Part 2 of Art. 37 of the Code, part 3 of Art. 42 contains a mandatory rule on the succession of the share in the right of common ownership of common property in a communal apartment of the owner of the room to the fate of the right of ownership of the room belonging to this owner. In the event that the owner of a room in a communal apartment alienates his room to another person (sells, donates, exchanges, etc.), not only the ownership of the specified room passes to the new owner (acquirer), but also the ownership of the room that belonged to the previous owner share in the right of common ownership of common property in a communal apartment.

4. In cases where the ownership of a room in a communal apartment is transferred to another person on the basis of a transaction or by inheritance, the share in the right of common ownership of the common property in this apartment passes unchanged to the new owner.

5. Imperative norms, part 5, art. 42 of the Code prohibit the owner of a room in a communal apartment from committing actions that violate the principle that the share in the right of common ownership of the owner of a room in a communal apartment follows the fate of the ownership of the specified room (see Part 3 of Article 42 of the Code). See also commentary to Art. 38 of the Code.

This is important to know: Providing vacated living quarters in a communal apartment

The stated rules also apply when alienating a share under an exchange agreement.

In accordance with paragraph 1 of Art. 24 Federal Law of July 21, 1997 N 122-FZ On state registration of rights to real estate and transactions with it "when selling a share in the right of common ownership to an outsider, documents confirming that the seller of the share notified the other participants in writing are attached to the application for state registration shared ownership about the intention to sell your share, indicating the price and other conditions under which it is sold.

Disputes between participants in shared ownership that arise during state registration of the right to a share in common property are subject to resolution in court.

Common areas in a communal apartment

Please clarify this issue. November 24, 2014, 20:44 Stanislav, Moscow Answers from lawyers (5) The allocation of public places in kind is not legal. In accordance with Part 4 of Art. 17 of the Housing Code of the Russian Federation, the use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in this residential premises, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved a federal executive body authorized by the Government of the Russian Federation. According to Part.

Common areas in a communal apartment include, in particular, the kitchen and hallway. There are certain features that relate to the procedure for using common areas in a communal apartment. Many citizens sometimes wonder what share of the area of common areas in a communal apartment belongs to them? We can answer this question authoritatively: in accordance with the legislation in force in the Russian Federation, a person’s share in the right of common property.

We recommend reading: Statement to the teacher from parents

Use of common areas in a communal apartment

Since according to Art. 25 of the Housing Code of the Russian Federation, installation, replacement or transfer of utility networks, sanitary, electrical or other equipment, requiring changes to the technical passport of the residential premises. reconstruction of residential premises, then first you will need to coordinate the reconstruction with the local government.

If you are co-owners, then you need to pay attention to Art. 247 of the Civil Code of the Russian Federation - ownership and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court.

Housing Code of Russia 2021

The Housing Code is a specialized federal law dedicated to regulating the relationships between persons of different legal ranks in the field of ownership, disposal and use of premises related to the housing stock .

The current Housing Code of the Russian Federation was adopted in 2005 as a normative act, which is maximally adapted to the conditions of the diversity of forms of ownership of real estate.

This is important to know: Rules for the technical operation of the housing stock of apartment buildings

Common areas in a communal apartment

That is, in fact, each owner owns the area of the same kitchen in proportion to his room. Let’s say there are 3 rooms in a communal apartment with an area of approximately 15 sq.m. This means that each of the owners will own a third of the kitchen, if the area of the rooms is larger for some, less for others, respectively, the number of meters will belong to him more or less.

In order for your neighbors to calm down, you not only need to show Article 42 of the Housing Code of the Russian Federation and let them familiarize themselves with it, you must ask your neighbors for documents confirming ownership of part of the kitchen, which naturally they will not be able to show if there is some kind of agreement was, intimidate that this agreement is not legal, it has no legal force, and if they insist, you will sue them and receive compensation for preventing the possession of your share of the common property.

Another comment on Art. 42 of the Housing Code of the Russian Federation

1. The share of the owner of the room (rooms) in the right of common ownership of the common property of a communal apartment is determined in proportion to the total area of the room (rooms). Calculation of the total area of the room: the area of the auxiliary premises is divided by the number of rooms in the communal apartment. The part of the auxiliary premises per room and the living area of the room gives (in total) the total area of the room. This area is the basis for determining the share in the right of common ownership of common property in a communal apartment - in proportion to the total area of the room.

2. A share in the right of common ownership of common property in a communal apartment is an integral part of the room and always follows the fate of the ownership of it. When the owner of a room changes, the share of the new owner in the right of common ownership is equal to the share of the previous owner.

The owner of a room in a communal apartment is deprived of the opportunity to allocate in kind his share in the right of common ownership of the common property of a communal apartment and to alienate it separately from the alienation of the room.

3. When selling a room in a communal apartment, the remaining owners of the rooms have a pre-emptive right to purchase this room in the manner and under the conditions established by the Civil Code of the Russian Federation.

The procedure for selling a share is as follows: the seller is obliged to notify in writing the owners of all other rooms in this apartment of his intention to sell his room, indicating the price and other conditions under which it is being sold. Any of the other owners has the right to buy it on these terms within a month; otherwise, the owner has the right to sell his room to any person (Article 250 of the Civil Code of the Russian Federation).

If the seller violates the preemptive right of the owners of other rooms, any of them may, within 3 months, demand the transfer of the rights and obligations of the buyer to him. To do this you need to go to court.

Rules for living in a communal apartment

Hello Nadezhda! This information, in accordance with the Law “On Personal Data,” should not be provided to you, therefore, you were rightfully refused to provide such information. As for checking the rental agreement, on the one hand, you can request such an agreement from the residents, but they are not obliged to provide it to you, since living in an apartment with the permission of the owner can also be free of charge, which excludes the existence of a rental agreement among the residents.

Hello Olga Sergeevna! If your neighbor loses the right to use social rented housing, you will have a priority right to purchase this room only if you are found to be in need of improved living conditions. You can buy a room only if there are no other persons who need this living space more than you. As for receiving subsidies and the issue of resettlement, in order to receive these benefits or new housing, you must be simultaneously recognized as both low-income and needy. Resettlement from dilapidated or dilapidated housing occurs after the housing is officially declared unfit for habitation.