New PB rules. About what things cannot be stored in stairwells and much more

There are different vestibules - legal and not so

The vestibule is part of the landing where you can store things that don’t fit in the apartment. This is on the one hand. On the other hand, it refers to common property. And not everyone is happy when a neighbor suddenly, without warning, puts doors in the hallway, and then inside he equips himself with a storage room with wardrobes, bicycles, skis and other useful things.

Why are we talking about doors? Because it’s unlikely that anyone will dare to install a closet that doesn’t have a lock and store the necessary things there. There are understandable fears that something might be stolen, especially if there is no concierge at home. But if the vestibule is separated, fenced off, and locked with a key, that’s a different matter.

But even if you are not going to fence off the vestibule, but just want to put a closet in the corridor, the requirements that will be discussed in the following sections of the article will need to be taken into account.

In new buildings now, as a rule, the developer provides vestibules that connect several apartments on the floor. That is, the doors and vestibules are already in place from the very beginning in the design of the house. It happens that there was a vestibule, but then the doors were removed. Then you need to check the design documentation for the house - what is provided there and what is not, and restore the doors.

And it happens that a vestibule is not provided, but you really want to make one. Well, put a closet, accordingly. Then you need to do everything carefully and according to the law, so as not to later participate in legal proceedings, not pay fines and not dismantle the vestibule.

We have a detailed article on installing vestibule doors. There we told you that installing the doors would require a lot of work.

If you want to remodel and expand the apartment using a vestibule, that’s one conversation. Then you need the consent of 100% of the owners of the premises in the house, permission from the fire department and the management organization. If (which happens more often) you only want to fence off the vestibule - to change the order of use of this section of the landing - then it is somewhat simpler. We need written consent from neighbors on the floor and a positive decision of the general meeting of owners, which is adopted by a majority vote (i.e. at least 51%). Plus the same permits from firefighters and the Department of Administration.

So, we will assume that we have sorted out the vestibule, it exists. Let's talk about cabinets.

Who checks the entrances?

Management companies keep order in the entrances. As a rule, if they see that there is fire-hazardous rubbish on the landing or in the corridor, which is also blocking emergency exits, they immediately contact the owner and demand that the things be removed.

If the owner cannot be found or he ignores the order, then the management company can independently remove the items to the landfill. It will be too late to prove anything later, since the company’s actions are dictated by security requirements.

And the owners of property abandoned in the entrance should thank the management company for such measures, since in the event of an emergency, the owner of the trash may be held liable.

What will the neighbors say about the closet?

The main thing is that the closet does not block the passage and does not disturb the neighbors. If your furniture makes it difficult or inconvenient for them to get into their apartments, this is not good. They may complain about you - it’s better not to let it get to that point. Before placing something new and large in the common vestibule, coordinate this with your neighbors on the floor so that there are no complaints.

If the cabinet you decide to install is very high or the floor in the vestibule is not entirely level, we recommend fixing the cabinet by attaching it to the wall. These measures will prevent it from falling. There are different situations - it is better that cabinets do not fall on you, your children and neighbors. This is already criminal liability for causing harm to health.

It remains to take into account the requirements of the management organization and firefighters.

What is a vestibule

Legally, such space does not exist in an apartment building. Instead, there is the concept of an inter-apartment landing staircase. This is what is called a vestibule, which can additionally be fenced off with a door. Main regulatory act: Article 36 of the RF Housing Code.

The landing is the common property of an apartment building. But this does not mean that you can use it just like the area of your apartment.

Apartment owners have equal rights to common property. The share in the right depends on the area of the apartment - the larger the better. But you still can’t leave your things there.

Will the closet be a hindrance to firefighters?

Paragraph 36 of the Fire Regulations in the Russian Federation states:

When operating evacuation routes, evacuation and emergency exits, it is prohibited:

b) place (install) on evacuation routes and emergency exits (including in passages, corridors, vestibules, galleries, elevator halls, landings, flights of stairs, doorways, evacuation hatches) various materials, products, equipment , industrial waste, garbage and other objects, as well as block the doors of emergency exits;

c) arrange dryers and hangers for clothes, wardrobes in exit vestibules (except for apartments and individual residential buildings), as well as store (including temporarily) equipment and materials.

It turns out that it is possible to place a “wardrobe” in the apartment vestibule. But only if it is not on the evacuation route - residents should not have any obstacles in the event of an emergency evacuation. This is perhaps the main stumbling block.

Regarding the required width for passage along the evacuation route, Part 8 of Article 89 of Federal Law No. 123-FZ of July 22, 2008 “Technical Regulations on Fire Safety Requirements” states:

Quantity and width

evacuation exits from premises from floors and from buildings are determined depending on the maximum possible number of people evacuated through them and the maximum permissible distance from the most remote place of possible residence of people (workplace) to the nearest emergency exit.

As you understand, the installation of any equipment and furniture in the vestibule must be coordinated with firefighters

. They must make sure that the passage is wide enough so that your closet will not interfere with evacuation.

Otherwise, neighbors or the management organization may complain about you, which could result in fines. Or they may sue, and then everything will have to be cleaned up. But the worst thing is if there is an emergency in the house that requires evacuation, and your closet creates problems (prevents people from leaving or even falls and blocks the way). You shouldn’t joke about this; it’s better to do everything as required by the law, fire safety techniques and common sense.

What can be stored on the landing?

Housing and communal services specialists unanimously repeat - nothing should stand or hang on the landing, residents’ belongings - closets, chests of drawers, bicycles, strollers, rollers and other property cannot be stored here or in the vestibules adjacent to the apartments. This ban applies to flowers in pots, cleaning equipment, and even doormats. Unless the communal workers can turn a blind eye to the reproductions on the walls and the shoes at the doorstep.

Such a categorical attitude towards cluttering staircases and vestibules is regulated by the Rules for the Use of Residential Premises, approved by a resolution of the Council of Ministers in 2013.

“In particular, paragraph 16 of these Rules states that obstruction of corridors, flights of stairs and landings, passages, emergency exits and other auxiliary premises is not allowed,” says the head of the information, personnel and legal work sector of the State Enterprise “Housing and Communal Services No. 1 of the Frunzensky District of Minsk.” » Olga Baranovskaya. — Bicycles, strollers, and other equipment can be stored in strollers, if they are in the house. Utility services regularly post notices on the walls with recommendations to remove unnecessary things from entrances; sometimes it is necessary to go door-to-door to explain to residents the need to comply with the rules of residence and the maintenance of common property. Often the residents themselves complain about neighbors who put everything unnecessary outside the apartment doors.

In addition to the Rules for the Use of Residential Premises, there are also Fire Safety Rules for residential buildings, according to which tenants are obliged to “not allow personal and other property to be stored in public places.” This is due to the fact that escape routes in case of fire or other emergency must be free for passage. By the way, for violation of fire safety rules, a warning may be issued or a fine of up to 30 basic units may be imposed.

In the entrance and auxiliary premises of an apartment building you are prohibited from:

— violate the living conditions of neighbors, their rights and legitimate interests, damage the premises themselves;

- smoke;

- dry clothes;

- store explosive, poisonous and air-polluting substances and objects (with the exception of rodent control agents), as well as flammable substances (this also applies to balconies and loggias);

- clutter corridors, flights of stairs and landings, passages, emergency exits;

- keep animals, including bees;

- unauthorized installation of antennas and other structures on roofs and facades;

- arrange cellars and other premises under balconies and loggias, on floors, in basements and technical undergrounds;

— engage in reconstruction or redevelopment, perform work related to changing the architectural and planning solutions of buildings that affect the load-bearing capacity of their structures.

Yana Shchuka, Community Literacy Portal

June 29, 2016

ADD A COMMENT

Comments +3 Lyudmila 12/27/2018 20:55 In addition to the fact that the neighbors plan to store strollers, bicycles, shoes on the site of our floor, they plan to lock all the doors - these are the doors at the exit from the elevator and the exit to the fire escape. Can they close Lock all the doors if I don't agree?

+2 Maria 12/28/2018 09:21 No, of course they can’t!!!!

+1 Elena 02.02.2019 14:44 sorry for the question, but why then do residential buildings have vestibules with doors? You could have just left a large corridor and that’s it. And they themselves rent out houses with vestibule doors and with a lock already installed. And I I’m also against the lock, but the neighbors are indignant that I don’t lock the door. Where is the logic in the rules?

-1 Pavel 07/16/2019 22:57 A neighbor under the balcony collects cardboard and sets up a cattery for cats. The janitor doesn’t clean this up, who should I contact to resolve this issue, the house is being serviced by a chap. "spring service" Mogilev

-2 admin 07/17/2019 10:27 I quote Pavel:

A neighbor under the balcony collects cardboard and sets up a nursery for cats. The janitor doesn’t clean this up, who should I contact to resolve this issue, the house is being serviced by a chap. "spring service" Mogilev

Contact the organization that services your home.
If this does not give results, write a complaint to the executive committee 0 Lyudmila 10/13/2019 11:40 HELLO! The neighbor is cluttering the cages and platforms with flowers in pots and furniture. She places paintings and flowers in flowerpots on the walls. Placed furniture with flower pots prevents free passage baby stroller, which is why you have to fold the stroller. Watering flowers creates dirt. When repeatedly reprimanded, she insults. She was brought to administrative responsibility, but this does not stop her. She contacted the chairman of the cooperative, but no measures were taken. Where can I contact you?

+1 admin 10/14/2019 09:06 Contact the organization serving your home; if they remain inactive, contact the executive committee at your place of residence

Update list of comments

Opinion of the MA on cabinets and vestibules

The management organization (or HOA) is not at all indifferent to what you put in your vestibule. The reasons are simple - the CA is responsible for the proper maintenance of the common property in your home.

Its employees must have access to all communications and know that you are not disturbing your neighbors or violating fire safety rules. After all, if the state fire inspection becomes aware of a violation, they will fine not only you, but also the fire department. And the management authority is obliged to accept claims from neighbors, and, if necessary, influence you if you prevent other residents from using common property.

Conclusion: you need to coordinate the installation of the cabinet with the management organization to avoid problems.

Is it legal to park a stroller or bicycle in the entrance?

Short answer: it's illegal.

What law regulates the storage of things in the entrance?

The legality of storing bicycles, strollers and other personal belongings of residents in the entrances of apartment buildings is regulated by several regulations, namely:

Housing Code of the Russian Federation;
Civil Code of the Russian Federation;
Rules for the maintenance of common property (Resolution of the Government of the Russian Federation of August 13, 2006 No. 491);
Law No. 69-FZ of December 21, 1994 “On Fire Safety”;

Fire regulations in the Russian Federation (Resolution of the Government of the Russian Federation dated April 25, 2012 No. 390);

Rules and standards for the technical operation of the housing stock (Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170);

SP 1.13130.2009. "Set of rules. Fire protection systems. Evacuation routes and exits" (Order of the Ministry of Emergency Situations of Russia dated March 25, 2009 N 171) and others.

The Housing Code (Article 36 and 37) stipulates that apartment owners own, in proportion to their shares, the common property in an apartment building, namely inter-apartment landings, staircases, corridors, technical floors, attics, basements, etc. But, according to the law, you can use your part of the common property only with the consent of the other owners of the entire house (and not just the owners of apartments in your same entrance).

According to paragraph 10 of the Rules for the maintenance of common property in an apartment building, common property must be maintained in accordance with the requirements of the legislation of the Russian Federation, in a condition that ensures:

safety for the life and health of citizens (for example, does not violate fire safety rules);
safety of property of individuals or legal entities, state, municipal and other property;
accessibility of use of residential and (or) non-residential premises, common areas.

But even if written general consent has been obtained from all residents of the house to store your property in the entrance, there are still a large number of prohibiting fire and sanitary standards that can become an insurmountable obstacle for those who want to store their things in the entrance.

Most lawyers are of the opinion that it is still impossible to store things in the entrance, even with the consent of all residents of the house. The thing is that, according to clause 3.2.16 of the Rules for the Technical Operation of Housing Stock, placing household items, equipment, inventory and other items on staircase landings is not allowed.

Storing a bicycle outside an apartment in an apartment building is problematic. Parking for bicycles at the entrance is also prohibited. According to clause 4.4 of the Code of Rules SP 1.13130.2009, the width of the flight of stairs intended for the evacuation of people, including those located in the staircase, must be at least 1.2 m (for buildings with a number of people on any floor except the first , more than 200 people) and 0.9 m - for all other cases.

And according to clause 5.1.1. of the same rules, the clear width of horizontal sections of evacuation routes and ramps must be at least 1.2 m - for common corridors along which more than 15 people can evacuate from premises. In addition, it is prohibited to store things in the entrance, clause 3.2.16 of the Rules for the technical operation of the housing stock.

When storing a bicycle or stroller, there must be at least 1.2 meters of free space! However, authorized officials still have the right to issue a fine.

According to the strict letter of the law, or rather clause 3.2.15 of the Rules for the Technical Operation of Housing Stock, 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. An exception is made only for the installation of components and electrical panels protected by fireproof partitions. Thus, even if bicycles or strollers under the stairs do not bother anyone, it is still impossible to store them there.

For illegal storage of strollers, bicycles and other things, firefighters, represented by employees of the Ministry of Emergency Situations, are usually fined. For violation of fire safety requirements, the owner of the corresponding apartment is subject to an administrative fine of two to three thousand rubles (Part 1 of Article 20.4 of the Code of Administrative Offenses of the Russian Federation). Employees of the fire service of the Ministry of Emergency Situations of Russia quite often conduct raids on the entrances of apartment buildings and look for the owners of things left in the entrances. For the first time, they may be limited to a warning, after which they issue a fine.