Storage room on the landing: how to legalize it? 2021

The management authority through the court obliged the residents of the apartment building to dismantle the storage room in the entrance

A structure made of metal bars, in which people stored their personal belongings, prevented other residents of the apartment complex from using the garbage chute.
The management organization has repeatedly asked the owners of the storage room to remove it, but dismantling was only achieved through the courts. In Syktyvkar, a conflict arose between residents of one of the apartment buildings and the management organization. The owners fenced off part of the staircase, building a storage room in the entrance of the house to store their personal belongings. Employees of the management organization demanded that the unauthorized structure be removed because it made access to the garbage chute difficult. The owners refused to dismantle the storage room.

As a result, the management organization filed a lawsuit against the residents of the apartment complex. He found that the partition was installed without the appropriate permission to carry out the redevelopment of common areas in the apartment building and without agreement with other owners. The court sided with the management company and ordered the owners to remove the storage room and compensate the management organization for legal costs.

We remind management organizations that the Fire Safety Rules in the Russian Federation, established by Decree of the Government of the Russian Federation dated April 25, 2012 No. 390, prohibit the organization of storage rooms in staircases in apartment buildings. For violating these rules, a legal entity may receive a fine of 150 to 200 thousand rubles under Art. 20.4 Code of Administrative Offenses of the Russian Federation.

Management organizations often have conflicts with owners due to their unlawful use of common property. In Angarsk, the Administration ordered residents of an apartment building to remove a stroller, which violated fire safety rules and interfered with the work of utility workers. And in Krasnodar, the management organization is fighting for the technical floor, which turned out to be the property of one of the residents of the apartment building.

Consequences of illegal storage

Compliance with the rules and regulations is monitored by firefighters, employees of the Housing Inspectorate, the management company and the HOA. Before equipping a storage area on the site in the entrance or basement for your own needs, obtain the consent of all apartment owners in the building and consult with the indicated authorities. Register an attached or built-in storage room in accordance with all rules and regulations with the BTI and include it in the floor or house plan. Permitting documentation will save you from disputes with neighbors and spending money on fines and dismantling of illegal storage.

If fire inspectors identify violations during the construction of a storage facility, and the owners refuse to dismantle the illegal storage facility as ordered, representatives of these authorities may apply to the court to compel compliance. If the court sides with government officials, the owners of the illegal storage facility will additionally bear legal costs.

Do not buy storage space on landings in hallways and basements and do not enter into rental agreements until you are sure of the legality of the proposed construction in order to avoid unforeseen expenses in the future.

Source

How to make and legalize a storage room in the stairwell and basement of an apartment building in 2021

The desire to increase the size of the home sometimes leads to citizens organizing storage of things outside the area that is personal property. One of the common forms is a spontaneous storage room on the landing. Before equipping something like this, residents should carefully read the existing regulations regarding the use of shared property in a multi-storey building. Do not neglect fire safety regulations and sanitary and epidemiological rules.

Storerooms on the site at the entrance

The legality of storage rooms on staircase landings is regulated by the following standards.

SanPiN 2.1.2.2645-10 assumes the presence of storage rooms in apartment buildings at the rate of 3 square meters. m per person for storing vegetables, solid fuel, but the exit from the storerooms should be separate from the living quarters.

Clause 4.10. SNiP 01/31/2003 allows for the extension or installation of public technical premises for storing equipment up to the third floor of the building. Storerooms above the specified number of storeys may be considered illegal. Storage of flammable and flammable substances and household items is prohibited.

A storage room cannot be installed under the first staircase; the place is intended to house important communications of the house - heating units, water supply, electrical panels, etc.

Changes made to the structure of the building must be agreed upon with the BTI, fire inspection, included in the technical documentation and reflected in the house plan. Otherwise, fire inspectors will impose a fine on the organizers of unapproved storage areas, as well as the management company or HOA. Be prepared for the fact that the HOA, without waiting for orders and fines, dismantles illegal storage rooms on landings. It is impossible to legally sell or rent out a storage room that has been approved by all authorities, since the storage space is a public facility. When buying an apartment, do not pay attention to the fact that the previous owners of the apartment offer to purchase a storage room on the site. Most often, the premises are not legalized.

What is a pantry

A room used for storing things or business objects. High demands are placed on equipment and operating rules. A storage room in the entrance of an apartment building is not just covering part of a corridor or basement. To legalize the premises, it is important to comply with existing regulations.

Established requirements for storage rooms in apartment buildings

The basic acts regulating the development include:

  1. SanPiN No. 2.1.2.2645-10 allows for the placement of storage facilities within an apartment building, but the size should not exceed three square meters per person. The premises can be used exclusively for storing vegetables, fruits and solid fuel. The entrance to it must be separate.
  2. SNiP dated January 31, 2003. Clause 4.10 states that storage space is allowed between the first and third floors, but it is prohibited to store combustible and flammable substances.

It is impossible to place an equipped room on the ground floor, since there are important communications that supply the entire house. Let's look at how to design a storage room on the staircase:

  • make sure the placement is acceptable;
  • coordinate changes in the building design with the BTI and the fire inspectorate, since this kind of storage should not block emergency exits;
  • control the entry of information into the documentation of the house.

If a premises is formed without the consent of the authorities, the violator may not only be fined, but also forced to dismantle the structure.

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Storage room on the landing: how to legalize it? 2021

Question about the legality of a storage room on the landing. We bought a storage room from the developer and received a certificate of ownership for it. We receive monthly receipts from the management company; we pay for the storage room as for non-residential premises. For fire safety reasons or someone else, can we be forced to remove the lock from the storage room? Thank you in advance!

No, they cannot force you to remove the lock, since it is your property.

The neighbors illegally installed a door for a storage room on the landing, they took the neighbors’ verbal consent, and without the consent of my apartment, what should I do?

Such actions may be declared illegal in court and, accordingly, you may oblige your neighbors to dismantle the door. This is common property and the installation of structures requires the consent of the owners, another big question is what will happen? security.

An illegal storage room was installed on the landing. How to properly file a lawsuit to have the storage room removed?

How to legalize a storage room on the landing.

There is no way to legitimize it if this storage room was built without an agreed and approved project, which could make appropriate changes to the design of this apartment building. I believe that you are trying to build a storage room or grab an existing one as part of the common property of this apartment building, and this is not allowed by the current legislation of the Russian Federation.

Is it possible to build a storage room on the landing? And what you need to do?

The landing is a common area, just like basement and attic spaces. This is common property. It is necessary to obtain the consent of all homeowners.

The neighbor on the landing took over the storage room on the floor without approval. He put up an iron door and doesn't let anyone in. What to do?

Hello, please contact your management company with a complaint. If they don’t help, then file a claim in court to remove obstacles to the use of common property. Good luck and all the best

If the storage room is a public place, contact the management company, they will issue a notice to the neighbor. And then you are obliged to go to court. You can go to court yourself - Art. 304 Civil Code - = claim to remove obstacles to the use of common property of residents.

Hello. Apply to the court with a claim to remove obstacles to the use of common property. All the best to you and successful resolution of your problems.

My neighbors do not allow me to use the storage room on the landing, citing a privatization document. Privatized according to the old housing code. Can I somehow gain access to the storage room and who pays for the deaths under this storage room?

— Hello, if they privatized the storage room, then it is already their property and you have no right to claim it at all. Good luck to you and all the best, with respect, lawyer Ligostaeva A.V. :sm_ax:

Hello, Lyudmila! If your neighbors have ownership rights to the storage room, then they have the right to refuse you to use it. You can always find a way out of any situation. Good luck to you and all the best in your endeavors.

Good afternoon, Lyudmila! No, of course you can’t. They are the owners, and our property rights are protected by law... It doesn’t matter when they privatized it. They pay for the meters under the storage room, as owners.

How is it even possible to remove the door on the landing that leads to my storage room and if the neighbors won’t let me in, but this door in the house plan is, by law, it is very difficult to officially legalize such vestibules. The minutes of the general meeting of residents will not help because there are not enough votes.

Good day! If your neighbors do not allow you to use your property, you have the right to file a claim in court to remove obstacles to the use of the property. All the best to you.

To do this, you need to contact the Ministry of Emergency Situations (fire department) with a complaint about blocking the passages with neighbors. Thank you for contacting 91111.

You own the storage room by right of ownership. You have a certificate of ownership. If there are no such documents, then it is not yours, but a public area.

I contacted the Belgorod fire department for permission to set up a storage room on the landing of an apartment building, they replied that this was not within their competence. And if anything happens, they will scold you. Where else should I turn, or do it like everyone else, quietly?

You need to at least obtain permission from the condominium management body (if there is one in your building) for individual use of part of the common property - the landing, and that’s all. In reality, if this scheme does not suit you, seize the territory - build a storage room without any permits, but keep in mind that at any time an interested person has the right to demand the demolition of an illegally erected structure - to eliminate the violation of the rights of co-owners (other members of the condominium). But for now the trial is over. I don’t think anyone would want to annoy you so much that they would get involved or initiate such a procedure.

We have a storage room on the landing, behind the elevator. The head of the center came and demanded a payment of 10,000 thousand for the storage room. What should we do?

Do nothing, let him present documents on the basis of which he demands the specified amount. Then let him go to court.

How can you legalize a storage room on the landing near the garbage chute? The door and lock were installed 15 years ago. The neighbors weren't against it. This year the house was transferred to the HOA and the neighbor is laying claim to part of this storage room. Although initially he refused to take part in installing the door and lock. Best regards, Olga.

Hello! You can by holding a general meeting of owners of an apartment building on the basis of Article 38-43 of the Housing Code of the Russian Federation.

In this case, the storage room is common property. The decision on the use of common property is the exclusive responsibility of the general meeting of owners of an apartment building. Therefore, initiate a meeting, include on the agenda the issue that interests you: leasing the specified storage room, and offer your terms for paying the rent in cash or in kind.

Good afternoon In any case, it is necessary to hold a general meeting of the owners of the apartment building, and at this meeting the issue of the storage room will be raised, it will be decided by voting, nothing else.

On our landing in a 5-story building, 1 apartment on the landing has a storage room, is this legal?

If, according to the explication, the storage room is part of the living space, then it is legal. If the storage room occupies common areas, it is illegal.

Good day! If the storage room belongs to common property, then it is not legal if it is owned by an individual. persons, then it is quite legal. Best wishes.

In a new multi-story building, the developer built storage rooms on the interfloor area behind the elevator (on the staircase) and sold them. No evidence received. All some problems. Please answer legality. Construction of storage rooms on evacuation routes and where should I contact about this.

You need to contact the Housing Inspectorate under the city administration with a complaint and the Ministry of Emergency Situations (fire departments). Can you attach photos of the location of these storage rooms. It is necessary to look at the architectural project in any case.

A storage room was installed on the landing, legally, there is a protocol of the general meeting, a neighbor knocked down the door, threw things in the storage room, beat me, but there were no witnesses or bruises. A statement was written to the police, to which the police replied that there were no witnesses and he was not brought to justice. We wrote a statement with the neighbors, but it was useless. We are also making noise on the floor, we are afraid to go in and out.

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Good afternoon Since the police are inactive, go to court against them and declare their inaction unlawful, and you can recover moral damages.

Hello! You need to complain to the prosecutor's office about the inaction of the police. According to Federal Law of the Russian Federation No. 59-FZ, the complaint is written in any form (in your own words), or order it in a personal message to a lawyer, submitted by mail or delivered in person.

On the landing, without permitting documents, there was a storage room where car tires and other rubbish were stored. The storage room blocks access to the window and heating device, which has not been working for more than 10 years. After appeals to the Management Company and the Housing Inspectorate, the Management Company filed a lawsuit. BUT THE COURT decided in favor of the lawbreakers. What should I do?

In order to accurately answer your question, you need to familiarize yourself with the essence of the matter and look at the solution. Thank you for your request.

How can you legalize a storage room on the landing near the bicycle garbage chute?

How can you legalize a storage room on the landing near the bicycle garbage chute? This is a violation of fire safety regulations.

How to legalize a storage room on the landing.

Hello, It is necessary to hold a meeting of the owners of a residential building and vote for it. If they support you, you can make a pantry. I wish you good luck and all the best!

We bought an apartment. There is a storage room on the landing where the garbage chute used to be. There are four apartments on the site. One neighbor uses the storage room. The answer to permission to use the storage room was negative, because... He says that when he installed it, he collected all the signatures of all the residents. Everyone didn't mind. How do we get access to this storage room now? After all, we also have the right to use it?

Simply - by convening a meeting of the owners of the premises in the house, and receiving from them a decision on such use of this part of the common property of the house.

Is it possible to legalize ownership of a storage room, which is located on the landing of an apartment building, if this storage room contains water shut-off valves and water meters only for my apartment? Thanks for the answer!

quite the fact that there is no since this is a common building space

Hello, Gennady Danilovich! Yes, it can be legalized.

My neighbors and I had the following conflict: a storage room was made from a stroller on the landing. For a year, the neighbors categorically refused to give her the keys. Today, when we finally gave the key, they said that we can only put a children’s bike there and nothing else. There are 4 apartments on the site, only 2 apartments use the storage room. It is impossible to reach an agreement peacefully. Tell me how to behave in this situation?

Such use of the common area is illegal. File a complaint with the local prosecutor's office and the local branch of Rosadmtekhnadzor. It can be in any form, as you have outlined here, with an address and specific data.

This is the situation: there is a storage room on the landing, made by my parents more than 20 years ago. When they made it, registered it as a virgin and paid for it, there was an agreement. But that was a long time ago and there are no documents left. Now the neighbors are laying claim to part of the storage room. They told us to decide between us what to do and what to do?

if the storage room is outside the apartment, in common areas, then it is the common property of the owners - the procedure for use is by agreement - Art. 36, 37 LCD

An order was made from the Fire Inspectorate to remove storage rooms on staircase landings, they do not interfere with passages, and there is free access to the windows. What should I do?

Good afternoon. If an order is made, it must be removed.

I purchased a storage room on the landing from the developer and registered it with the Federal Reserve System, therefore I received a Certificate from Rosreestr. Now the question has arisen that some residents say that this facility is shared. What to do in this situation.

These are their problems. If you have a certificate, then you are the owner.

The neighbor fenced off part of the landing along with the window and built a storage room there. There are 5 apartments on the site; only one disagrees with the partition. The chairman of the HOA is going to legitimize this partition by granting the right of free use to a third party. Tell me, is it possible to return the landing to its original state, without a partition?

The chairman of the HOA is not vested with such a right; the decision on the partition must be made by more than half of all residents of the house.

There is a storage room on the landing, between floors. Many years ago there was an agreement with housing and communal services and payments were made for use. The housing and communal services collapsed, the Management Company came, no payment was made. Is it possible to legalize this storage room?

This will require the consent of all residents of the house (co-owners of common property, which is the summer deck).

Is it legal for the HOA to charge rent for the use of a storage room on the landing of an apartment building?

Hello Dmitry! Maybe. Common property can be rented out.

Is it possible to make a storage room on the landing? And what you need to do?

The desire to increase the size of the home sometimes leads to citizens organizing storage of things outside the area that is personal property. One of the common forms is a spontaneous storage room on the landing. Before equipping something like this, residents should carefully read the existing regulations regarding the use of shared property in a multi-storey building. Do not neglect fire safety regulations and sanitary and epidemiological rules.

A room used for storing things or business objects. High demands are placed on equipment and operating rules. A storage room in the entrance of an apartment building is not just covering part of a corridor or basement. To legalize the premises, it is important to comply with existing regulations.

The basic acts regulating the development include:

  1. SanPiN No. 2.1.2.2645-10 allows for the placement of storage facilities within an apartment building, but the size should not exceed three square meters per person. The premises can be used exclusively for storing vegetables, fruits and solid fuel. The entrance to it must be separate.
  2. SNiP dated January 31, 2003. Clause 4.10 states that storage space is allowed between the first and third floors, but it is prohibited to store combustible and flammable substances.

It is impossible to place an equipped room on the ground floor, since there are important communications that supply the entire house. Let's look at how to design a storage room on the staircase:

  • make sure the placement is acceptable;
  • coordinate changes in the building design with the BTI and the fire inspectorate, since this kind of storage should not block emergency exits;
  • control the entry of information into the documentation of the house.

If a premises is formed without the consent of the authorities, the violator may not only be fined, but also forced to dismantle the structure.

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In accordance with the law, the entire area of ​​the apartment is in the possession of specific persons. This is regulated by a certificate of ownership or a social tenancy agreement. All other premises in an apartment building are shared property. So, speaking of who owns the storage room on the floor, it is implied that all residents of the house own it. Cannot be sold or rented to third parties.

This is interesting: Privatization of an apartment under a social tenancy agreement 2021

A storage room is a common space, without a chance to register ownership of it. Consequently, even if the situation arises that only one person uses the storage facility, it will not be possible to make it personal property, and neighbors have the right to join and use the premises at any time on general terms. When considering the question of how to legalize a storage room on the staircase, we can only talk about obtaining permission to refurbish a common area, compliance with safety standards, but not about privatization.

It is permissible to operate the premises under the property if the design allows it. They can also be designed for other needs, for example, parking. A storage room in a residential building is one of the options for using the property of a high-rise building. It happens that everyone occupies common communications, but in new buildings there are often special areas used by residents. Information about this can be obtained from the management company.

The question of who owns the basement in an apartment building is resolved in a similar way. If it is open, then all apartment owners have the right to use it. For those who want to arrange personal storage, permission from all residents will be required (adopted at a general meeting). Persons who own real estate within the same complex have the right to part of the common territory.

There are two main options for arranging the area under the house where organizing storage is permissible. The first is that the area has already been divided among everyone, and the storage rooms in the basement of an apartment building can be used immediately. Another case is when redevelopment and arrangement are necessary. This requires the consent of the management company, all residents, and the above authorities.

Organizing a place to store things is not the responsibility of the HOA or management company; this is a right that residents can use. Moreover, unauthorized seizure of territory is punishable by law. If there is a storage room in the basement of an apartment building, then all old and new residents have access. A situation where some citizens do not allow others into the premises is a self-seizure of territory. The actions are illegal, since non-residential spaces are proportionally divided between the owners.

Any action not coordinated with the competent authorities is illegal and involves the imposition of an administrative penalty. In this regard, you should not carry out repair work prematurely. When considering how to make a storage room under the stairs, it is important not only to think through the design, but also to obtain permission from the authorities and the consent of interested property owners.

Liability as a result of unlawful actions:

  • payment of an administrative fine;
  • forced destruction of the structure;
  • loss of funds invested in the arrangement.

So, is it legal to build a storage room on staircase landings? The answer will be positive, provided that the conditions are met: if the design of the house allows it, there is a documented consent of the residents and the management company/homeowners association, and permission from the competent authorities.

Placing storage within the house is a common practice, but not everyone is familiar with the rules of arrangement and operation. The spaces within the MKD, in addition to the apartments themselves, are the joint property of the property owners. If you want to organize additional premises, you need to enlist the support of both neighbors and government agencies.

In a multi-apartment building, the typical footage of housing is, as a rule, not too large, so residents try to increase the usable area by moving various things to storage rooms outside the apartment. A spontaneous storage room on the floor or equipped warehouses are organized by the homeowners on the landings or in the basement of the house.

Sometimes this can cause dissatisfaction with other neighbors who raise the question of “is the storage room behind the elevator legal or not.” All answers can be obtained in the Housing Code of the Russian Federation, SanPin and SNiPs, Technical regulations for fire safety of houses. Before organizing storage rooms on the floors and behind the elevator, on the site or in the basement, you need to understand who is responsible for arranging such storage facilities, how legal it is and what restrictions exist for them.

The apartment belongs to its owner as private property or as space under a concluded social tenancy agreement. There are other options for ownership, but other communications and non-residential premises in the building where the housing is located are distributed among the owners on an equity basis. Such objects include areas between stairwells in hallways, attics or basements.

The issue of arranging additional storage rooms may not arise if there are equipped wheelchair spaces on the lower (ground) floor of the house, which are included in the documentation and cadastral plans of the multi-story building. Any of the property owners in the entrance can use these premises on equal rights after they are legalized during construction.

Sometimes the HOA creates a storage room between the floors or on the ground floor, in which the equipment necessary for maintaining the house is stored. In this case, access to the premises is provided only by employees of the management company and employees of fire departments, if necessary.

Issues of installing storage rooms in addition to existing ones can be decided by the owners of residential premises during a general meeting. It is officially required to draw up a voting protocol, also taking into account the number of those present. When considering a storage room in the entrance of an apartment building, the safety and possibility of using common property by all residents is taken into account.

The main requirements are unobstructed access to the elevator and garbage chute, emergency exit and other similar places. It is important to obtain the consent of absolutely all residents, just as the use of the storage facility can be carried out by all residents. If the owners of one of the apartments have equipped a storage room at their own expense, this does not indicate their sole right of ownership. In the event of a trial, it will be extremely difficult for them to defend their rights.

Is it possible to make a storage room on the landing? Any changes to the plan of an apartment building must be approved by the BTI and the fire inspectorate. At the same time, specialists include all the redevelopments carried out in the technical documentation. If this requirement is ignored, then a serious fine may be imposed on the HOA or management company by fire safety services.

Residents are often faced with the fact that the HOA, in order to avoid fines, can independently and without notice dismantle a spontaneous warehouse that was not approved and was equipped illegally. Any actions for renting or selling storage rooms are illegal, since this facility is for public use.

When it is difficult to create a storage room in the entrance, apartment owners often look at basements or technical underground spaces in the house. Quite often, before putting it into operation, developers promise to make warehouse-type premises on the ground floor in which things can be stored. As soon as the building is handed over according to the documents and its operation begins, these premises are sold for a fee. How legal and safe this is for homeowners is worth looking into separately.

A basement is a room in a house whose floors are located below the ground with more than half of its walls. This legislative interpretation also indicates an entrance separate from the residential areas. According to fire safety requirements, at least two such entrances were usually made - one full-fledged door, and the second - a 0.6m * 0.8m hatch. The door is used as an emergency exit.

According to safety requirements, 2 windows are also required, in which there must be pits for direct access to the room in case of a sudden fire. The arrangement of partitions depends on the degree of fire resistance of the house and the number of floors in it. If the house has up to five floors, then it is legal to install partitions of any fire hazard class.

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In the case of a high-rise building with more than five floors, the partitions must be made of fire-resistant materials. Usually the walls are made of half brick (red), avoiding the wooden door leaf at the entrance. Sections must be made in such a way that there is no interference with access to communication nodes. If there is an obstacle, then the fire department may prohibit the arrangement of the warehouse, in which case the alternative would be a storage room behind the elevator at the top.

In such pantries in the basement of the house it is prohibited to store things that are not solid fuel, household equipment or vegetables. Smoke removal systems must be installed.

The rules and regulations in the arrangement of storage rooms are monitored not only by employees of the management company, but also by the fire department. Before you start arranging a storage room, you need to obtain the consent of each of the homeowners in the entrance and get advice from specialists from several inspections.

After arranging the pantry in accordance with the rules and regulations, it must be included in the house plan and registered with the BTI. Obtaining documentation with permission allows you to avoid problems with fines and dismantling of storage rooms, problems and disputes with neighbors.

In cases where illegal storage is made, fire safety inspectors find violations, the owners often refuse to comply with the order and dismantle the premises, and legal proceedings begin, during which a court order is issued. In this case, in addition to dismantling, the owner will be forced to pay legal costs and expenses.

All areas of a residential building that are not classified as apartments are common property and belong to all residents in equal shares. Therefore, if it is necessary to arrange a storage room, you need to request permission not from the management company, but from the residents at a general meeting of owners.

The same applies to the outdoor unit of the air conditioner on the wall outside. Usually, meetings are not held, but if one of the residents is bothered by this, then, upon his application to the housing inspection, a thorough check will begin to determine the competence of the work done.

Experts do not recommend buying warehouses on stairs, in basements or between floors, and not renting them without obtaining documentation for such premises. A storage room in the entrance can legally be made by the developer at the design stage. Otherwise, there may subsequently be problems, fines and lawsuits, and the storage room between floors may be demolished and destroyed at the expense of the tenant of the house. How much you will have to pay for legal fees and how much it will cost to demolish the interfloor storage room is decided by a special commission.

Is it true that storage rooms have been banned and how can we now equip space for strollers in the entrance?

Recently, firefighters came to our house, inspected everything and decided to remove the storage rooms behind the garbage chute. They say this violates fire safety. During the entire time that we have lived in this house, we have never had such complaints. What can be done? The storage room is much needed!

According to the Housing Code of the Russian Federation, corridors, basements, stairs and landings are classified as common property. They are not transferred to individual ownership, which means they cannot be occupied for personal needs or fenced in any way. Theoretically, you can decide to equip a storage room at a general meeting of owners, as stated in Article 36 of the Housing Code of the Russian Federation. But it will belong to all the owners, and not to the residents of a particular apartment (even if they equipped the storage room with their own money even before the owners’ meeting).

However, it is worth keeping in mind that there are fire safety standards that significantly limit your right to dispose of common property. Thus, paragraph 23 of the Decree of the Government of the Russian Federation “On the fire safety regime” prohibits the placement and operation of storage rooms in elevator halls, staircases and floor corridors. It is also not allowed to store things, furniture and other flammable materials under flights of stairs and on landings. That is, in fact, the decree describes almost all the places in the entrance where, theoretically, a storage room could be placed. The only exception is the basement.

As the essence of this ban was explained in the department of supervisory activities and preventive work of the city of Kirov, emergency exit routes in case of fire should not be blocked. If something catches fire in the pantry, it will turn out that the flight of stairs engulfed in fire will block people’s path.

On the other hand, according to the chairman of the council of the house on the street. Lenina, 20 Valeria Semenishcheva, fire safety rules are not so absolute, and, focusing on the standards, it is still possible to equip a pantry. True, it will not be easy to understand them. You need to study the Code of Rules 1.13130.2009, SP 4.13130.2009, SP 54.13330.2011, as well as the “Technical Regulations on Fire Safety Requirements.”

Fire safety inspections detect violations of fire safety based on complaints from citizens, or during special raids in apartment buildings (however, ONDPR did not tell us the frequency of such raids). The last mention in the media of such a mass inspection that we were able to find was dated November 2013, as a result of which fire safety violations were identified, including those related to storage rooms.

If violations are detected, fire supervision issues an order from the Criminal Code or Homeowners Association to eliminate them. If the storage room is not dismantled, the fine for management organizations in accordance with the Code of Administrative Offenses of the Russian Federation will amount to up to 200 thousand rubles.

In our house there are many mothers with children under one year old. There are no ramps at the entrance; you cannot get into the elevator with a stroller. How can we equip a place to store strollers so that we don’t have to take them down the stairs every time?

As in the case of storage rooms, the issue must be submitted to a general meeting of residents and an application must be submitted to the management company and the HOA. It is necessary that two thirds of the residents vote “yes”. The costs of equipment and maintenance of the wheelchair will be borne by all owners (they will be included in the line “Housing maintenance”). And all residents, not just parents of small children, will have the right to use a stroller. For example, they will be able to leave bicycles in the stroller.

However, there is a nuance here too. The equipment of the wheelchair should also not contradict fire safety standards. It is quite difficult to verify this. There are no independent expert services in this matter in Kirov. And inviting a fire inspector to make sure that a stroller will not contradict the norms is not practiced. Moreover, it is not a fact that fire control officers will not detect violations. So, by and large, the installation of a stroller in a house where a stroller in the house was not originally designed is done at the owner’s own risk.

  • It is impossible to equip a storage room in the entrance without permission; this is contrary to the Housing Code.
  • House owners can equip storage rooms by holding a general meeting. But these premises will still belong to the common property of the house and all residents will be able to use them on equal terms.
  • According to the decree “On fire safety”, storage rooms cannot be installed in stairwells and floor corridors.
  • If the stroller room was not originally designed in the house, it can also be equipped by the decision of the owners and subject to compliance with fire safety standards.

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Is it possible to privatize in 2021

A storage room is a common space, without a chance to register ownership of it. Consequently, even if the situation arises that only one person uses the storage facility, it will not be possible to make it personal property, and neighbors have the right to join and use the premises at any time on general terms. When considering the question of how to legalize a storage room on the staircase, we can only talk about obtaining permission to refurbish a common area, compliance with safety standards, but not about privatization.

How are basements used in apartment buildings?

It is permissible to operate the premises under the property if the design allows it. They can also be designed for other needs, for example, parking. A storage room in a residential building is one of the options for using the property of a high-rise building. It happens that everyone occupies common communications, but in new buildings there are often special areas used by residents. Information about this can be obtained from the management company.

The question of who owns the basement in an apartment building is resolved in a similar way. If it is open, then all apartment owners have the right to use it. For those who want to arrange personal storage, permission from all residents will be required (adopted at a general meeting). Persons who own real estate within the same complex have the right to part of the common territory.

About the cost of storage rooms

In the mass segment, storage space, as a rule, is not included in the price of the apartment, but is sold for a fee. But there are promotions in which the buyer of a small apartment can receive a storage room as a gift. Here is one example: in the Stolichny residential complex, buyers of two-room apartments were given a discount equal to the cost of a storage room. In luxury projects, it happens that storage rooms are included in the price. An example is the Palazzo Imperiale residential complex in the center of Moscow.

The average price per square meter of a storage room is equal to half the cost of a square meter of an apartment. So, in the Moscow region it is 40-60 thousand rubles, and in Moscow it reaches 120 thousand rubles. Some developers offer significant discounts on apartments when purchasing storage units.

Is it possible to build a storage room without authorization?

Any action not coordinated with the competent authorities is illegal and involves the imposition of an administrative penalty. In this regard, you should not carry out repair work prematurely. When considering how to make a storage room under the stairs, it is important not only to think through the design, but also to obtain permission from the authorities and the consent of interested property owners.

Question: is it possible to make storage rooms in the entrance between floors?

1.1. I do not advise you to get involved with this issue. Set up a pantry, and then you have to dismantle it.

1.2. Alena, only with the consent of all homeowners.

2.1. Indeed, the management company must control the procedure for using the common property of the apartment building. But she does not have the right to demand from the owners of apartment building premises any documents regarding the common property they use. If you have agreements, albeit oral, with other owners about the use of common property within your entrance for personal purposes, then the management company has no right to interfere in this procedure. In addition, I recommend that you formalize verbal consent in writing, i.e. ask your neighbors to write down their consent to your use of the pantry. You don’t have to provide anything to the Criminal Code, because It is not they who hire you, but you who hire them and they obey the owners, but not the other way around.

3.1. Convene a general meeting of apartment owners in the building and resolve this issue.

4.1. It is possible, but only by agreement with the residents of the house.

5.1. What is the difficulty of purchasing? If the bank approves the apartment, then there should be no problems.

How to coordinate and legitimize a storage room

The areas of the apartments belong to their owners on the right of private ownership, under a social tenancy agreement, etc. The remaining communications and non-residential premises of the building are in the common shared ownership of all apartment owners, including basements, attics, staircases, etc.

The issue of storage room equipment does not arise if the developer has built strollers on the first floors of a multi-storey building, and the data is reflected in the technical documentation of the building. Any apartment owner living in the building can use the wheelchair.

Important! On the ground floor of the building you can arrange a small room with a sink for storing cleaning equipment. Most often, the room is used by HOA employees who monitor the cleanliness of the house.

The decision to install additional storage rooms is made by the owners of the premises at a general meeting. When considering the issue, they proceed from the principles of safety and accessibility of use of common property, i.e. storage rooms should not impede access to emergency exits, garbage chutes, elevators, etc. All owners of apartments in the building must give consent to the arrangement of a storage room. The right to use storage facilities belongs to all owners of apartments in the building. If the owners of one apartment spent money and set up a storage room on the site in the entrance, this does not mean that they are the sole owners of the non-residential premises. If a dispute arises, it will be difficult to defend your right.

To make a storage room in the entrance under the stairs, whose permission is needed?

6.1. Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170 “On approval of the Rules and Standards for the technical operation of the housing stock” III. Maintenance of premises and local area 3.1. Apartment maintenance rules

3.2.15. The use of staircases, as well as areas under the first flight of stairs for the placement of workshops, storage rooms and other purposes is not allowed.

6.2. To make a storage room in the entrance under the stairs, whose permission is needed?

Permission in the form of minutes of the general meeting of all owners of the apartment building and so that everyone is 100% in favor!

7.1. the general meeting makes a decision on the obligation of the owner to dismantle the storage room; if you do not do so, then oblige it through the court. Or the Criminal Code goes to court and obliges dismantling. Good luck.

8.1. If we are talking about enforcement fees and the execution of a court decision by bailiffs, they must pay this fee-fine. Good luck to you.

9.1. If the pantry belongs to your neighbors by right of ownership, then the only thing you can do is buy it from them. You can find out information about the owner of this non-residential premises at the MFC by ordering an extract from the Unified State Register of Real Estate.

10.1. It depends where you made the storage room. If it’s in your own apartment, that’s one thing, although most likely it will fall under the concept of redevelopment of a living space, which cannot be done without the appropriate approvals. If the storage room is located in common areas, then the disposal of common property in an apartment building is carried out by all owners.

11.1. Under the right of common shared ownership, the common property in an apartment building belongs to the owners. By decision of the owners of premises in an apartment building, adopted at a general meeting of such owners, common property in an apartment building can be transferred for use to other persons if this does not violate the rights and legitimate interests of citizens and legal entities (Article 36 of the Housing Code of the Russian Federation) . The owner of premises in an apartment building does not have the right to allocate in kind his share in the right of common ownership of common property in an apartment building (Article 37 of the Housing Code of the Russian Federation).

Who owns it? Storage room near the entrance?

24.1. It may well be common.

Decree of the Government of the Russian Federation of August 13, 2006 N 491 (as amended on February 27, 2017) “On approval of the Rules for the maintenance of common property in an apartment building and the rules for changing the amount of payment for the maintenance of residential premises in the case of provision of services and performance.

2. The composition of common property includes: a) premises in an apartment building that are not parts of apartments and intended to serve more than one residential and (or) non-residential premises in this apartment building (hereinafter referred to as common premises), including inter-apartment staircase landings , stairs, elevators, elevator and other shafts, corridors, strollers, attics, technical floors (including built-in garages and areas for automobile transport, workshops, technical attics built at the expense of the owners of the premises) and technical basements in which there are utilities, garbage collection cameras, garbage chutes, other equipment serving more than one residential and (or) non-residential premises in an apartment building (including boiler rooms, boiler rooms, elevator units and other engineering equipment);

How many orders can be issued to liquidate a storage room in a building's entrance?

26.1. As much as you want, up to filing a lawsuit in court, but for failure to comply with each instruction you will face a fine.

27.1. If only by decision of the general meeting of MK residents, in accordance with Art. 46 Housing Code of the Russian Federation.

28.1. He can drive up, unload quickly and leave.

29.1. It is necessary to hold a general meeting of owners of apartment buildings in accordance with Articles 44-48 of the Housing Code of the Russian Federation.

30.1. You have no right to this premises. This premises is part of the common property of the apartment building. The procedure for using this property is decided by all owners.

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