Law on cleaning in communal apartments. Basic rules for living in a communal apartment

Living together in the same apartment with complete strangers with their own habits and a certain way of life can be comfortable only in very rare cases. Basically, these are quarrels over trifles, noise, the procedure for using common areas and other things.

It is very difficult to force adults to observe, in fact, the only rule of living in a communal apartment: you need to respect each other, if possible, not disturb your neighbors and abide by the agreements reached. Remember that it is much more difficult to refuse a polite request than a demand made in a raised voice.

Accommodation

Owners of housing in a communal apartment, without notifying neighbors, have the right to:

• rent out housing under a rental agreement;
• register, including on a temporary basis, citizens in this premises.

In case of obtaining the right to use a room in a communal apartment on the basis of a social tenancy agreement, the tenant has the right, subject to the norm for the provision of living space (12 sq. m. total area per person):

1. Sublease housing with written consent:

• landlord;
• all members of the employer’s family living in the given territory;
• all neighbors and members of their families living with them.

2. Allow other citizens to live in this residential premises, on the area legally occupied:

• free of charge;
• under a social tenancy agreement;
• on a temporary basis, no more than 6 months in a row;
• with the permission of the landlord;
• with the consent of your family members.

Guests

Homeowners have the legal right to receive guests, who can use common areas on the same basis as other residents of a communal apartment. The duration and number of guests are not limited by law. Neighbors have no right to prevent visitors from staying in the apartment.

If a citizen is in another city for more than 90 days, then it is necessary to obtain temporary registration at the address of actual stay.

Common areas

All residents have an equal right to use the corridor, kitchen, bathroom, toilet, hallway. By default, it is considered that residents can occupy the area of ​​the specified premises with furniture and other property according to their share in the apartment.

The procedure and sequence of use of these premises are not established by law. All disputes regarding the use of public places are resolved in court.

Owners of residential premises do not have the right to allocate or alienate a share in kind in property owned by all other owners of a communal apartment under the right of common ownership.

When selling a share in a communal apartment, the new owner acquires the right to use common areas, and the previous owner loses them.

Renovation of common areas

The fact of the need for repair work is established depending on the method of managing the apartment building:

• representatives of organizations managing and servicing the house;
• owners of shares in a communal apartment;
• attracted experts.

Based on the drawn up inspection report, a decision is made on the need for repair work. If a positive decision is made, an estimate is drawn up. Repairs to common areas are carried out at the expense of homeowners in proportion to their shares.

If neighbors refuse to pay the costs, one of the owners can do it themselves and subsequently demand reimbursement of costs in court.

Noise comfort

In most regions of the country, a silence regime is established from 23.00 in the evening to 07.00 in the morning. At this time, the noise level should not exceed 45 decibels (corresponding to a normal conversation), during the day - 55. Violators can be dealt with with the help of a local police officer, although not very effectively. Upon initial application, a warning will be issued, then a fine will be issued, the amount of which depends on the region.

There are precedents for forcing the sale of housing and relocation. But these cases are isolated. The neighbors have come a long way: conversations with violators, the work of law enforcement agencies, examinations, court proceedings.

Smoking

There is no legal ban on smoking in communal apartments.

You can try to solve the problem through the court, citing the fact that neighbors actually force you to smoke and use common areas for personal purposes. You need to appeal to Federal Law No. 87-FZ of July 10, 2001 “On restricting tobacco smoking”, who interprets the concept of “smoking” as inhaling the smoke of smoldering tobacco products. In this case, the interests of non-smoking neighbors are violated.

Pets

• fire safety;
• sanitary and epidemiological requirements;
• environmental standards and regulations;
• rights and interests of neighbors.

If one of the homeowners is allergic to pet hair, then you can go to court for protection.

Selling a room in a communal apartment

Neighbors have a pre-emptive right to purchase a share in a communal apartment. The seller is obliged to notify the other homeowners in writing of his intentions, describing in detail the terms of the proposed transaction. The neighbors have a month to buy out their share in the apartment. After this period, the seller can sell the property.

Refusal to purchase can be issued earlier by a notary or in person when registering the transaction with the Federal Registration Service. If one of the owners is a minor citizen, then it is necessary to obtain the consent of the guardianship authorities to complete the transaction.

If the seller does not provide the Federal Registration Service with confirmation of notification of neighbors about the sale of housing, the registrar will suspend the transaction. If for some reason the purchase and sale agreement was nevertheless registered, then any of the neighbors has the right to go to court within three months to transfer the rights and obligations of the buyer to him.

Rights to a vacant room

If the tenant of premises in a communal apartment under a social tenancy agreement vacates it for one reason or another, then the tenants and owners have the priority right to the vacated living space:

1. First recognized as poor and in need of improved housing conditions;
2. Then the poor, using an area less than the norm provided for each family member;
3. Next come those who wish to purchase this area under a purchase and sale agreement.

These citizens receive the right to use the room under a social rental agreement.

If there are none in the communal apartment, then the housing will be given to a citizen who needs it and is in the general queue.

Comments (121)

Vladimir | 2018/06/14

This is the situation. Half a year ago we bought 2 rooms in a 4-room communal apartment, after initially talking with the neighbors, we decided to sell the entire apartment. As it turned out later, the neighbors are greedy little people who want to exchange one room for a one-room apartment, and there is no point in selling them cheaper, so selling the entire apartment is unrealistic. The other day, buyers were found for our two separate rooms, but at the last moment our dear neighbors refused to sign their consent to the sale, without giving any reasons for this. What to do in such a situation, and is it really possible to somehow sell your two rooms without the consent of your neighbors?

admin | 2018/06/29

Hello Vladimir! In your situation, you need to respect your neighbors' right of preemption to purchase your shares. You need to contact a notary and send notifications about the sale of rooms to your neighbors through the notary. If within 30 days from receiving the notification from the notary your neighbors do not express a desire to purchase the rooms at the price you offer, you will be able to freely sell the rooms to third parties. If this procedure is followed, there will be no need to formalize a refusal from neighbors as such.

Kirill | 2018/10/14

What should I do if the neighbors prevent guests from being in the room, constantly scold me because they are older, do not allow my guests into the block, do not allow me into common areas, use a raised tone and insults towards me and the guests, constant threats towards me, the guests are quiet, I don’t know what to do

admin | 2018/10/30

Hello Kirill! First of all, you can contact the local police officer regarding this fact to conduct a preventive conversation with your neighbors. You can also go to court with a claim to determine the procedure for using residential premises that are in shared ownership.

Elena | 2018/11/16

I live in a communal apartment. One landlady lets in tenants who change constantly, almost every month. The tenants start using my personal property, refuse to clean the common areas, smoke in the room, but the smell comes into my room, and I can’t stand the smell of cigarettes.
Our faucet is broken, the landlady who lets tenants in refuses to talk to us and refuse to pay for repairs. I replace the faucet at my own expense. Can I restrict (prohibit) the use of this tap by tenants? And what rights do we have to limit the lawlessness of tenants?

admin | 2018/12/01

Hello, Elena! First of all, you need to go to court with a claim to determine the procedure for using common property in a communal apartment. You will also be able to recover from your neighbor a portion of the costs you incurred to install the faucet. In accordance with Part 4 of Art. 30 of the Housing Code of the Russian Federation, the owner of a residential premises is obliged to maintain this premises in proper condition, preventing mismanagement of it, respect the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building, but your neighbor this does not comply with the requirement of the law, in connection with which you can also contact the district police officer with a statement regarding the systematic violation of your legitimate interests.

Alena | 2018/12/21

Based on which article? Lived Code, do you need consent for the owners of other rooms to register in a room in a communal apartment? One owner of the room lives in another city. The notary refused to certify his permission to register in the next room, saying that the neighbor’s consent was not required. However, the MFC insists on this consent

admin | 2019/01/10

Hello Alena! The norms of the current housing code do not contain provisions obliging the owner to obtain the consent of neighbors for the registration of other persons in his room. The actions of MFC employees are unlawful; you can file a complaint against the actions of such employees with higher management or the prosecutor's office. You can also request from MFC employees a reasoned written refusal to your application for registration at your place of residence.

lyudmila | 2019/01/08

WE BOUGHT A ROOM FOR THE MOTHER'S CAPITAL, THE TOILET AND BATH ARE SEPARATE FROM THE ROOM BUT THE NEIGHBORS WILL NOT GIVE THE KEYS TO THE BATHROOM EXPLAINING THIS BY THE FACT THAT THEY HAVE LIVED HERE SINCE 2005 AND WE JUST BOUGHT AND THIS IS THEIR TOILET, DO WE HAVE THE RIGHT TO P SHOULD I USE THIS TOILET?

admin | 2019/01/18

Hello Lyudmila! Undoubtedly, in this situation, the neighbors are directly violating your rights and legitimate interests, since, in accordance with Art. 41 of the Housing Code of the Russian Federation, the owners of rooms in a communal apartment also own, by right of common shared ownership, common areas in the communal apartment). To remove obstacles to access to public places, you have the right to file a lawsuit to establish the procedure for using property in a communal apartment.

Andrey | 2019/02/16

Good afternoon, my family bought a room in a communal apartment, my sister and mother live there, and I live separately, my mother is simply terrorized by a neighbor on any everyday issues, she makes trouble and interferes with living a peaceful life, my mother is decent, a teacher by training. Today, after another scandal over a stupid reason (the communal stove was dirty), my mother had to call an ambulance because her blood pressure had risen greatly. How can you put pressure on your neighbors correctly using the law. I wouldn't want to offend the girl.

admin | 2019/02/26

Hello Andrei! In accordance with 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. Thus, your mother can sue your neighbor with a claim to determine the procedure for using the living space and to remove obstacles to the use of the living space. In the event of aggression on the part of a neighbor, the mother must contact the local police officer to conduct a conversation with the neighbor or bring her to administrative responsibility (for example, for insults).

Natalia | 2019/03/04

Hello!
The son of one of the owners often comes to the communal apartment, and almost all the time he walks around half-naked, sitting in the kitchen for hours in this form. It is very unpleasant for other young women owners to cook in the kitchen when a strange, scantily clad man is sitting next to them and talking in swear words. Does he have the right to walk around like this if others don’t like it?
Thank you!

admin | 2019/03/12

Hello, Natalia! In accordance with Part 2 of Art. 31 of the Housing Code of the Russian Federation, family members of the owner of a residential premises have the right to use this residential premises on an equal basis with its owner, unless otherwise established by agreement between the owner and members of his family. Family members of the owner of a residential premises are obliged to use this residential premises for its intended purpose and ensure its safety. Unfortunately, the legislation does not regulate the issue of clothing for residents living in communal apartments. To resolve this situation, it is better for you to contact the local police officer to conduct a preventive conversation with your neighbor’s son.

Louise | 2019/03/05

In the next room, girls are burning incense sticks. The smell gets into my room, and the smell also gets into the hallway (common area). I have bronchial asthma, this smell makes me choke. I repeatedly asked them not to do this, but to no avail. How legal are their actions? Can I somehow influence this?

admin | 2019/03/20

Hello Louise! Unfortunately, in your situation, the provisions of Law No. 15-FZ “On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption” cannot be applied, since aromatic incense, despite the smoke they distribute, are not tobacco products. However, in accordance with Part 4 of Art. 30 of the Housing Code of the Russian Federation, the owner of a residential premises is obliged to maintain this premises in proper condition, preventing mismanagement of it, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building. If your neighbors’ actions cause harm to your health, you have the right to seek compensation for moral damages, as well as treatment costs, in court. You can also file a lawsuit to determine the procedure for using property in a communal apartment.

Elena | 2019/05/03

Hello, I bought a room in 3k. apartment outside MSK, the owners are me and my husband and 4 children. In the other two rooms, the owners have not appeared for more than 5 years and a married couple has moved into one of the rooms, how can I evict them, the district police officer is inactive, the management company too, the debts from the neighbors will soon reach the cost of the rooms. Both rooms are owned.

admin | 2019/05/15

Hello, Elena! Since you are not the tenant of this residential premises under a social tenancy agreement, you cannot file a claim in court to recognize your neighbors as having lost the right to use the residential premises. You need to submit a statement to the administration, in which you indicate that your neighbors are systematically violating the norms of the Housing Code of the Russian Federation on respecting the interests of neighbors and ensuring the safety of living quarters. You can also file a corresponding complaint with the Housing Inspectorate and the Prosecutor's Office.

Olga | 2019/07/30

Hello. We have a two-room communal apartment, two owners, me and a neighbor. The shares have the same ratio. I live with my husband, my neighbor rents out his room to his boyfriend. The common areas are in poor condition. Tell me how to divide the costs of repairing a geyser, replacing faucets in the bathroom and kitchen, replacing a toilet, as well as redecorating common areas? By the number of owners or by the number of residents?

admin | 2019/08/22

Hello Olga! The burden of bearing the costs of maintaining housing is borne exclusively by the owners, so you need to decide the issue of distributing the costs of repairs only with the owner. First of all, you need to contact the Housing Inspection Office or the Management Company to obtain an opinion on the condition of the common areas. After which you will be able to legally recover from your neighbor part of the repair costs incurred, but such costs must be proportionate to his share in the ownership of the residential premises.

Marina | 2019/08/04

Hello, I bought a room in a communal apartment. It turned out that the neighbors were drinking. I can’t live there because I have two children under 3 years old. I wanted to rent it, they won’t let me, I bring a person to look at the room, they come out and just behave disgustingly. People don't want to film. Room for maternity capital.

Tatiana | 2019/09/25

Good afternoon, I am asking for help in a situation regarding common areas in an apartment building (formerly called a hostel). The neighbors locked all the toilet doors, thereby denying access to me and my children. Who is the best person to contact?

admin | 2019/10/11

Hello Tatiana! In this situation, you can go to court with a claim to determine the procedure for using common property and eliminating obstacles to access to common areas, since, by virtue of the provisions of the Housing Code of the Russian Federation, the owners of premises in an apartment building jointly own and use common property.

Communal apartments have come to us as an echo of the distant past, when, during the devastation after the Civil War, residents were densely housed in houses where the “bourgeoisie” once lived. Subsequently, they began to build houses with a layout for communal apartments, that is, apartments where people live as a commune. This method of arranging a home presupposes the presence of common property, which is all the structural parts of the apartment located outside the individual rooms.

Features of accommodation

Residents of all apartment buildings have common property. Only for owners of individual apartments, the joint shared ownership includes staircases, attics, basements and the surrounding area, while for residents of communal apartments, kitchens, bathrooms and corridors are also jointly owned.

If the owners of individual apartments use common property two or three times a day, or even less often, then residents of communal apartments have to use such property much more often. This shapes the features of human interaction.

Living in a communal apartment, of course, is a test for any person. For some, it teaches tolerance, restraint, and tolerance. For others, such a life causes irritation, an increased level of aggression, and a desire to win their place in the sun.

Psychological tension when using joint property requires the adoption of special legal acts. Of course, room owners themselves come up with the rules for sharing property, but you cannot rely only on the wisdom of the residents. For this reason, special rules were born regulating the cohabitation of people in communal apartments, including at the level of federal laws.

Rights of residents

As follows from the Decree of the Government of the Russian Federation No. 25 (01/21/2006), people can use any residential premises based on their rights:

• employer (social, state or commercial hire);
• owner;
• a member of a housing or construction cooperative;
• tenant.

These grounds fully apply to communal apartments. In modern conditions, people live in them as tenants of municipal property, owners after privatization or acquisition of real estate. Residents of communal apartments are allowed to rent out their rooms.

However, a distinctive feature of the rights of residents of such apartments is their excessive dependence on the sharing of common areas.

Signs of communal apartments are now also appearing in some apartments in which, by court or agreement, the premises were divided into parts. Despite the fact that in the original communal apartments and their later similarities there is a division into individual and common living space, only that property that is listed as such in cadastral documents is considered communal.

Have a question or need legal help? Take advantage of a free consultation:

Residents of communal apartments have the right to:

• use joint property for its intended purpose;
• register people in your living space within the limits of the standard;
• sell, donate, exchange, bequeath and otherwise dispose of your part of the real estate;
• receive guests without violating sanitary and hygienic rules.

You will have to obtain permission from all your neighbors if a person wants to have a pet that will smell, need to waste resources on care, and go into a common area. You can only get fish without any problems, because they are silent, do not smell and sit in the aquarium.

No one has the right to prevent other residents and their guests from using premises, objects, equipment and devices that are in common ownership. Incorrect behavior of someone is not a basis for prohibiting the placement of things in utility rooms, closets and corridors, as well as for the use of the toilet, kitchen or bathroom.

The legal difference in exercising the rights to use common property is that in communal apartments the rules are determined by regulations of various ranks, and the rules for using a shared apartment are determined by the court for a specific situation.

Responsibilities

Rights and responsibilities are interconnected phenomena. One cannot exist without the other. If someone has the right to own and use common property, this means that he must also follow certain rules. Responsibilities allow the exercise of rights without interfering with each other.

All responsibilities of people living in communal apartments can be divided into two parts - universal and specific. The first part includes the need to comply with all laws of a civil, sanitary-epidemiological and environmental nature. Residents of communal apartments, as well as individual apartments, are not allowed to make noise before 7 and after 11 p.m., smoke in common areas, pollute the environment, break equipment, etc.

Specific responsibilities apply only to residents of communal apartments who:

• carry out regular cleaning of premises independently or by hiring workers;
• carry out repairs to common areas;
• repair and change plumbing and metering devices.

Like all property owners in a given house, owners of rooms in communal apartments must take care of the safety of communications located in basements, entrances, and in the local area. However, they also have the additional responsibility of keeping the premises and communications inside the apartment clean and in working order.

Housing code on rules of residence

This federal law does not regulate the relationships between people living in communal apartments; it defines only the basic rights and responsibilities of residents. Article 30 deals with the rights and obligations of owners of any residential premises. All citizens who own residential real estate can dispose of it, that is, lease it, give it for use, sell it, donate it. Communal real estate is no exception to this rule.

The same article obliges any owners:

• ensure the maintenance of the individual and common parts of the property;
• maintain property in functional condition;
• comply with the rules for using premises and equipment;
• do not violate the legitimate interests of neighbors.

Particular attention is paid to the problem of using joint property, since this topic is the most relevant for communal services.

Article 41 states that common shared property in communal apartments is the premises that are used to meet the needs of the residents of the entire set of rooms. Any changes to this property that lead to a deviation from the technical plan must be made with the written consent of all official residents and, of course, with the approval of government agencies that control redevelopment and reconstruction.

Article 42 describes the mechanism for forming shares in the right to common property. This right is formed in the same way as for residents of separate housing. Each property owner owns a part of the common property, the amount of which is proportional to the area of ​​the individual property. When selling, donating or other types of transfer of real estate, this part is automatically transferred.

Owners of communal real estate, compared to owners of individual apartments, are somewhat disadvantaged in their rights. They can use common property, but cannot allocate it in space. From this it follows that in a communal apartment no one can isolate the common space or other property, preventing other residents from accessing it.

Terms of use

In Russia there are no detailed universal rules for living in communal apartments. They are usually formed at the settlement level. However, the basis for their adoption is the norms at the federal level.

Typically, municipal authorities issue regulations on the general rules of living in a given settlement. Living in communal apartments, as a rule, is devoted to a separate section of local regulations.

Residents can create their own rules. In order for this standard to acquire legal force, it must be adopted at a general meeting of residents of the house, since the law delegates the authority to manage joint property only to this body. The main requirement for such documents is the need to ensure their compliance with laws at the federal, regional and local levels.

Definition of common areas

If the apartment has the official status of communal, then determining the common places is not difficult - this is everything that is located outside the private rooms, but in this apartment. Outside the apartments, but in the house and in the local area, there are also common areas, but they are intended to serve the entire house.

Disputes often arise about how to use common space if residents own areas of different sizes. However, this does not mean that the owners of the larger room also own most of the kitchen, bathroom or hallway. As stated above, common property is in shared ownership, but is not divided into parts in kind.

If there is a need to change the size of the common area, then this should be done only with the written consent of the owners of the rooms and common property. Significant changes also require the intervention of the housing commission.

Thus, the specificity of the rules for living in a communal apartment lies in the need to use common property, which is constantly in demand. In addition, residents of such apartments must themselves, without management companies, monitor the condition of common premises, devices and equipment. This specificity requires a high level of self-organization of residents and the development of rules for their interaction.

Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.

To resolve your issue, fill out the following form or call the numbers listed on the website, and our lawyers will advise you for free!

Use of living quarters in a communal apartment.

1. Communal apartment.

Communal apartment- 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.

In the same communal apartment, several rooms may be owned by the state and provided to residents on the basis of a social tenancy agreement, and the other part of the rooms may belong to the people living in them. All other property (corridors, kitchens and bathrooms) belongs to common property. The owners own it on the right of common shared ownership. The size of the share in the ownership of common property is proportional to the size of the room. The owner of a room in a communal apartment bears the burden of maintaining the common property according to his share.

Rules for living in a communal apartment and the rights of neighbors.

Living together in one apartment, as is known, is often accompanied by constantly emerging conflict situations, which can drag on for decades and significantly complicate living conditions.

In principle, there are no legally established rules for cohabitation, that is, in essence, either residents have to negotiate on their own, or look for any provisions from the codes. The simplest option is, of course, to find a compromise. After all, it is much easier to come to an agreement than to call the police on each other, put up partitions or lock common areas. But compromise is not always possible.

The main point of disagreement is the different ideas of communal apartment residents about the rules of cohabitation. Let's consider the main manifestations of these disagreements:

1)Noise, din, loud TV sound, dancing, etc.

Cohabitants are different: some are quiet, calm, others are rude and noisy. Of course, residents have the right to watch TV and dance, but only until 11 p.m. This is provided for by the Civil Code of the Russian Federation. That is, if any complaints are made against you regarding the fact that after nine in the evening you need to talk in a whisper, you can refer to the code. On the other hand, if your rights are already violated after 11 p.m., the code is again on your side.

2)Use of common spaces in a communal apartment

Common areas include the kitchen, hallway, hallway, bathroom, and toilet.

According to the civil code, everyone legally living in a given apartment has the right to use these places, but no law can clearly state how exactly they should be used. Theoretically, all these territories should be distributed on a shared basis, but in practice it becomes clear that it is not possible to occupy half a square meter in a toilet for 24 hours.

If neighbors interfere with the use of, for example, a bathroom or a corridor, then they are violating the rights of other residents.

Even if several families live in an apartment, it is necessary to ensure that the common area is used by everyone. In case of misunderstanding, graphs can be drawn up.

As for the common property in a communal apartment, it includes a gas stove, cabinets, bedside tables, and doors. Shared furniture is not difficult to share, and in most cases there are no conflicts. If we talk about a gas stove, then you can distribute the burners or the time of use.

Guests- That's a very difficult question. It is with them that problems very often arise. Persons living in a communal apartment legally have the right to invite guests. Guests, in turn, have the right to use common areas. Residents of other rooms cannot prevent this. No code states on what schedule residents have the right to invite guests, so resolving these issues again falls on the residents themselves.

Let’s assume that two families live in different rooms of a communal apartment. A friend came to one of them and wanted to live temporarily. This is prohibited by law. After 23, neighbors have the right to call the police and forcibly evict such friends. But if the residence of a stranger is very important, then you can register at least one square meter of apartment area as his property.

5)Smoking in a communal apartment and causing other damage

One of the most difficult issues is smoking in a communal apartment. If neighbors smoke in a communal apartment, this is a disaster for other residents. Unfortunately, we do not have a law banning smoking in public places. You can call the police, sue.

6)Dog and cat in a communal apartment

Living in a communal apartment with a dog, cat, or other living creature is permitted if the neighbors do not have health contraindications and have their written consent. If you plan to keep a dog, make sure you have written consent from your neighbors. If your rights are violated, for example, a dog barks, then you can complain; the law allows dogs and cats to live in apartments where several families live.

7) Common areas in a communal apartment (common property and area) and their repair.

Communal apartments are multi-populated apartments, in which several families often live; in some cases, rooms are rented out; in general, a variety of people have to crowd under one roof, who have different views on life, etc.

Common areas in a communal apartment are the kitchen, hallway, hallway, bathroom and toilet.

If two families officially live in a two-room communal apartment, one of them consists of two people, the other of four. These families pay for repairs in proportion to the number of residents. If all residents agree, then the repairs are carried out and its cost is distributed among them, but some neighbors do not want to pay for the repairs.

In this case, you need to do the following: call the housing office employees, who will draw up an inspection report on the technical condition of the residential premises. It should include an estimate for the repairs. This document is the legal basis for repairs. Next, with this document, you need to contact neighbors who do not want to do repairs. If they refuse, you can assume all the costs of repairs, and then, based on this act, recover costs from them through the court.

It is very important to contact the Housing Office to draw up an act, because this act is evidence that repairs are currently necessary to prevent destruction of the premises.

2. Privatization of rooms in a communal apartment.

Privatization- a form of property transformation, which is the process of transferring state (municipal) property into private hands.

Citizens of the Russian Federation occupying residential premises in the state and municipal housing stock, including housing stock under the economic management of enterprises or the operational management of institutions, on the terms of social rent, have the right, with the consent of all adult family members living together, as well as minors over the age of 14 under 18 years of age to acquire ownership of these premises under the conditions provided for by the Law “On the Privatization of the Housing Stock of the Russian Federation”.

When a tenant (tenants) privatizes one or more rooms in a communal apartment, the object of privatization is an isolated living space (room or several rooms) in a communal apartment, and not the apartment as a whole. The consent of the tenants of other rooms for privatization is not required. When registering a right, a certificate is issued in which the room(s) are indicated as the object of ownership. The owner of a privatized room (rooms) has the right of shared ownership of the common property in a communal apartment.

In order to privatize a room in a communal apartment you must:

Identification document of the applicant (passport, military ID card, etc.).

Application from a state authority or local government body, enterprise, institution on state registration of rights and transfer of rights to state or municipal property.

Documents confirming the emergence of the right of state or municipal property or the right of economic management or operational management of residential premises.

Application for state registration of a citizen's right.

A payment document confirming payment of the state fee for state registration of a citizen's right.

Agreement for the transfer of ownership of residential premises.

A plan of the privatized residential premises, certified by the relevant organization (body) for recording real estate objects.

Certificate from housing authorities about persons living in the residential premises (copy of personal account, certificate from housing department, certificate from homeowners association, etc.).

Permission from guardianship and trusteeship authorities in cases of transfer of ownership of residential premises in which only minors live.

3. Renting a room in a communal apartment.

Renting a room in a communal apartment has a number of specific features. Compared to a separate apartment, when renting a room you will have to spend more time, comply with a number of standards and, in addition, take into account the interests of third parties - neighbors in the communal apartment.

The peculiarity of renting a room in a communal apartment is that it is necessary to take into account the interests of neighbors. That is, if the room is owned, then the neighbors’ consent to move in a temporary tenant is not required by law, but if it is rented under a social tenancy agreement (belongs to the city), then it is required.

If the room is not privatized.

In order to rent out a non-privatized room in a communal apartment, you need to comply with a number of formalities:

1. This is to obtain the written consent of the owner of the property. In this case, it is the local government body, that is, the Housing Committee.

2. obtain the consent of all people living in a communal apartment, including family members of the tenant himself (Housing Code of the Russian Federation, Art. 76.).

Reasons for restrictions on delivery:

1) moving in of a subtenant, the size of living space per resident must not be less than the established norm.

2) subletting of premises is not permitted if a patient suffering from severe forms of certain chronic diseases lives in it or will live under a lease agreement.

Owned room.

It is much easier for owners of privatized rooms in communal apartments. When renting out, permission from the municipality or neighbors is not required by law. By law, all that is required is the consent to rent of all adult residents registered in the room; their approving signatures must appear in the rental agreement.

Common areas must be used in a manner that respects the rights and interests of all neighbors. The conditions for using common areas should be stated in the lease agreement, and in as much detail as possible. The more carefully the terms are described in the contract, the less likely it is that disagreements will arise in the future.

The main limitation for renting out a privatized room may be the norm of living space per person established by law. Today it is 12 square meters. m. That is, only one person can live in a 12-meter room. If the landlord acts contrary to the law and accommodates two or even more tenants, the neighbors may sue. Since “overcrowding” of the room will violate the norm for the use of common areas, and thereby infringe on the rights of other residents.

4. Features of selling rooms in communal apartments.

In order to sell a room in a communal apartment, you need to meet several conditions:

1. The room in a communal apartment must belong to you by right of ownership (you acquired the room through privatization or by inheritance, under a sales contract, or it was given to you as a gift.)

Ownership of the room is confirmed by a certificate of ownership and a document providing the basis for the acquisition of ownership of the room (sale or donation agreement, or certificate of inheritance, respectively).

2. When a room in a communal apartment belongs to several owners, it is necessary to obtain their consent in order to sell it. If one of the owners is a minor, then you need to obtain the consent of the guardianship and trusteeship authorities.

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.

Therefore, it is important for the owner to take into account the right of first refusal that the owners of other rooms in the communal apartment have. When selling a room, the owner of a share in the right of common ownership is obliged to first offer to purchase it to the owners of other rooms in the apartment. They have the right of first refusal to purchase your room at the price for which it is sold, and on other equal terms.

The owner must notify the other participants in shared ownership (neighbors) in writing (notarial form) of his intention to sell his room to an outsider, indicating the price and other conditions under which the copyright holder is selling it.

And only if the neighbors refuse to purchase or do not confirm their desire to purchase the room within a month, the owner has the right to sell it to any person at the price indicated in the written notice. If the owner sells a room in a communal apartment, violating the right of first refusal, then other participants in shared ownership have the right to go to court within three months with a demand to transfer the rights and obligations of the buyer to them. In this case, assignment of the pre-emptive right to purchase a share is not allowed.

Documents required to complete a transaction for the sale of a room:

1) Title documents for the room (certificate of ownership and the basis document on which your ownership was acquired (contract of gift, transfer, purchase and sale, certificate of inheritance, etc.);

2) BTI documents: Explication, Cadastral plan;

3) Extended extract from the house register - (valid for 1 month);

4) A certificate from the tax office confirming that there are no tax arrears (if the room was acquired under a gift agreement or a certificate of inheritance);

5) Presence with a passport or notarized consent of the spouse (if any) for the alienation or acquisition of real estate (a marriage certificate is required);

6) If minors are involved in the transaction (they are the owners), then a certificate from the guardianship and trusteeship authorities is required regarding consent to the alienation or acquisition of residential premises (a birth certificate is required);

7) Presence with a passport or a notarized statement waiving the preemptive right to purchase the alienated real estate of the remaining owners (neighbors);

8) Application (form issued by the Office of the Federal Registration Service);

9) Receipt for payment of state duty (on each side of the transaction);

10) The presence of the parties to the transaction with passports or their authorized representatives under a notarized power of attorney (copies of the passports of the parties to the agreement will be needed).

These documents are submitted to the Office of the Federal Service for State Registration, Cadastre and Cartography.

5. The right to a vacant room.

In connection with the adoption of the Resolution of the Constitutional Court of the Russian Federation of November 3, 1998 No. 25-P, when the restriction on the privatization of residential premises in communal apartments was lifted, the number of rooms available in communal apartments decreased sharply, since a significant number of elderly people Those living in these apartments privatize the rooms and bequeath them to their relatives.
Rooms in communal apartments are being vacated and citizens living in this communal apartment are striving to add the vacated rooms to the already occupied residential premises. In accordance with current legislation, vacated residential premises include the following: Living spaces:

1. premises that were vacated due to the provision of another residential premises to its tenant, who needs to improve living conditions;

2. premises that were vacated due to the tenant leaving for permanent residence to another place;

3. recognition of the tenant as having lost the right to residential premises;

4. termination of the rental agreement due to the death of the tenant and other similar cases.

It should be noted that the rules for settling vacated residential premises apply only to residential premises in houses of the state and municipal housing stock.

Tenants of other residential premises in this apartment who need improved living conditions, and in the absence of such, citizens who have living space less than the established norm per person have the right to occupy vacated residential premises in a communal apartment.

Options for providing vacated residential premises:

Option #1. A living space adjacent to another living space has become vacant in the apartment. In this case, in accordance with part one of Article 59 of the Housing Code of the Russian Federation, vacated residential premises in a communal apartment in which several tenants and (or) owners live, based on their application, are provided under a social rental agreement to the tenants and (or) owners living in this apartment , if at the time of vacating the residential premises they are recognized or can be recognized in the prescribed manner as low-income and in need of residential premises.

Option #2. IN in accordance with part two of Article 59 of the Housing Code of the Russian Federation, vacated residential premises are provided under a social tenancy agreement to tenants and (or) owners living in this apartment, who can be recognized as low-income in the established manner and who are provided with a total area of ​​residential premises per family member less than the provision norm , based on their application.

Option #3. IN In accordance with part three of Article 59 of the Housing Code of the Russian Federation, vacated residential premises are provided under a purchase and sale agreement to citizens who are provided with a total living area per family member that is less than the provision norm, based on their application.

Option number 4. IN In accordance with part four of Article 59 of the Housing Code of the Russian Federation, moving into a vacated residential premises is carried out on the basis of a social tenancy agreement.

List literature used:

1. Civil Code of the Russian Federation (as amended and supplemented on February 20, August 12, 1996, October 24, 1997, July 8, December 17, 1999, April 16, May 15, November 26, 2001)

2 . Housing Code of the Russian Federation (LC RF) dated December 29, 2004 N 188-FZ

3. Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” dated July 4, 1991 N 1541-1

4. Rules for the use of residential premises Approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25

5. Current problems of housing law/Rep. ed. E.S. Getman, P.V. Krasheninnikov. M., 2003.

6 . Civil law: Textbook: In 2 volumes, 2nd ed./Rep. ed. E.A. Sukhanov. M., 2004. T. 2.

7. Ivanov A. Real estate issues in the new Housing Code of the Russian Federation//Economy and Law. 2005. N 6.

8. Krasheninnikov P.V. Housing law. 2nd ed. M., 2001.

9. Krasheninnikov P.V. Transactions with residential premises: Commentary on civil and housing legislation and the practice of its application. 2nd ed., revised. and additional M., 1999.

10. Tolstoy Yu.K. Housing law: Textbook. M., 1996.

By following the rules of living in a communal apartment, you can avoid many conflict situations that often arise between neighbors. In addition, many aspects of this area are prescribed at the legislative level.

Guests in a communal apartment

• A tenant has the right to invite guests to his place without the consent of neighbors;
• Guests have the right to use places intended for general use, neighboring residents have no right to interfere with this;
• According to the law, a reception schedule for guests is not established, but by joint agreement of the residents, a rule can be established;
• Guests do not have the right to create noise, litter on the territory, or disobey the established order;
• Guests are not allowed to live permanently in communal apartments.
• The length of stay of guests and the number of persons are not specified in the legislation.

Common areas in a communal apartment

Common areas in the communal apartment include:

• Kitchen room;
• Toilet;
• Corridor;
• Hallway;
• Balcony;
• Utility rooms;
• Bathroom.

All residents have equally equal rights to common rooms. Only the areas adjacent to the personal room can be furnished without agreement. In public areas, it is prohibited to infringe on the rights of neighboring residents. Do not clutter the space with personal belongings and furniture.

The legislation does not establish the order of use of these premises; everything is decided collectively, disagreements and controversial issues are resolved through the courts. The former owner, who sold his share, cannot retain the rights to use the common premises. All rights are transferred to the new owner who purchased this share.

Common property cannot be sold.

Cleaning the common area

• Each resident is obliged to remove household waste, wash dishes, and put the bathroom and shower in proper condition immediately after use;
• Weekly cleaning is available by arrangement. More often, cleaning is carried out according to a schedule. When drawing up the schedule, the number of people living in each room and the tenant’s share of ownership in the apartment are taken into account;
• Residents are required to clean their apartment this issue is being considered at the legislative level;
• Each resident bears financial responsibility for the condition of the apartment and property.

In this article, we examined in detail the question of what is included in the maintenance of housing.

Renovation of premises for general use

Repairs to common rooms are carried out by residents themselves. With the money of the owners themselves. Repair work can be carried out by hired workers of the appropriate profile.

To begin the process, a preliminary inspection of the premises requiring repair is carried out, with the presence of:

• All residents of the apartment;
• Repair team representative;
• Homeowners association person;
• A representative from a company providing home services;
• A person from the management company.

After the inspection, acts are written that indicate in writing that the premises require repairs.

After the residents decide to carry out repairs, new documents are written, which must include:

• To what extent does the premises comply with the requirements of the legislation of the Russian Federation;
• How will safety for residents be ensured during the repair work;
• What work is planned to be carried out and what are the costs of its implementation;
• How will possible defects be eliminated?

If one of the owners refused to participate in the repairs, then the neighbor may take responsibility to pay part of the amount for the negligent tenant. In the future, through the court, he will be able to get his money back.

Since the property belongs to all residents, redevelopment can only be carried out with the general consent of the owners. Moreover, everything must be formalized in writing with the participation of a notary. To avoid unnecessary problems in the future, this is a mandatory process.

Moreover, permission from neighbors is not enough; the relevant authorities must also approve the plan. To do this, you need a clear sketch of the redevelopment and the owner’s documents for the share of the premises. Load-bearing walls are not subject to redevelopment.

• Permissible noise level in a communal apartment.

In the legislative system, the rights of tenants in this matter are regulated. Noise is one of the most common causes of conflict situations in a communal apartment. If rules and regulations are violated, administrative penalties are appropriate.

Mode set:

What can disturb the silence at night:

• Use of television or radio equipment above the permissible noise standard;
• Use of musical instruments(guitar, violin, etc.), singing songs, screaming;
• Carrying out renovation work using loud-sounding tools and instruments;
• Use of pyrotechnics;
• And other activities that contribute to noise pollution.

Failure to comply with the established rules may result in a fine.

Smoking in a communal apartment

The law on reducing smoking of tobacco products imposes a ban on the following places:

• Health care institutions;
• Airplanes and other transport aircraft;
• Route taxis and buses;
• Workplaces;
• Sports facilities;
• On the territory and in buildings of educational institutions;
• Cultural institutions;
• Entrances of houses;
• State institutions type.

There is no direct law prohibiting smoking in a communal apartment. However, there is an article that says that: “Smoking is inhaling smoke from smoldering tobacco products.”

Cunningly using these and other data, it can be proven that smoking by one of the residents of the apartment in a common area means the use of this room contrary to its purpose for personal purposes.

Infringement of the rights of neighbors consists in the fact that such use of premises in a communal apartment is contrary to the wishes and interests of neighboring residents. For this reason, if a smoker neighbor does not want to reach an agreement with you calmly, then you should contact the courts.

• Pets in a communal apartment.

There is no law that prohibits keeping pets in a communal apartment. However, not so long ago, it was allowed to keep animals only with written permission from all neighbors. Now these norms have been removed.

But you can keep animals only if your neighbors have no contraindications to them. If there are still contraindications, their consent is required. For example, if one of the residents is allergic to wool. Or, for example, if the rights of other residents are violated.

For example, the dog barks loudly at night. In such cases, neighbors can appeal to the courts.

In general, if you decide to get an animal, you need to make sure that you do not violate:

• Neighbors' rights;
• Sanitary and epidemiological indicators;
• Environmental standards and regulations;
• Fire safety standards.

• Payment of utilities in the apartment.

Residents are required to pay utilities in proportion to their area in the apartment. Previously, we told you what is included in utilities.

There are options:

• If there are individual metering devices. Each resident pays for services using their own meters. And utility bills for the use of public territory are divided according to a general agreement.
• If there are no individual devices, payment is made by mutual agreement of the parties. It may depend on the number of people living or on the area occupied by each person.

If the neighbors were unable to resolve this issue on their own, then the rules for payment look like this:

• To pay for electricity, the power of the appliances used in each room and their number are calculated;
• Payment for heat energy is made relative to the territory of ownership of each tenant in the apartment;
• Payments for gas and water are calculated based on the number of living people (tenants and guests) living in the room for more than a month;
• “Repairs and maintenance” are paid depending on the share in common areas and based on the share of premises.

For a neighbor who does not pay for services, the state does not force other residents to pay off his debts.

Based on Article 250 of the Civil Code of the Russian Federation, Neighboring residents of the apartment have an advantage in purchasing a room on the territory of a communal apartment. If they do not want to take advantage of this privilege, they are obliged to provide you with a refusal in shift form. Such a document is required when carrying out a transaction.

It happens that neighbors are not going to buy a room and do not give you a written refusal. Then you can send them notices in writing certified by a notary. If a neighbor has received such a notice, he is considered to have been notified. If there is no response from him within a month, this is interpreted as a refusal.

If the owner is under the age of majority, then the refusal is accepted only with the participation of the guardianship and guardianship authorities.

If one of your neighbors acquires a share from you, you do not need to notify the other residents about this.

The seller may be refused to complete the transaction if all owners are not notified of this action. A transaction carried out without notifying neighbors will be able to be liquidated within a month after the sale. If a neighbor has a good reason why he missed this deadline, under Article 205 of the Civil Code of the Russian Federation, his powers will be restored. And he will be able to buy out this share.

• Rights to a vacant room.

If the tenant of a room in an apartment under a social contract. rent vacates it, then tenants and owners have alternate rights to this area:

• First of all, citizens are identified as low-income and in need of improved living conditions;
• Next, the poor, whose area is too small to accommodate all family members;
• Afterwards, everyone wants to buy a share.

These citizens can use housing under a social contract. hiring

If there are none, housing can be given to a needy person standing in line.

If you want a calm, measured life in a communal apartment, remember:

• That all people are equal, do not look down on them, even if you are a professor.
• Don't gossip, especially if you don't want the same to happen to you.
• Everything said in the future can be used against you, filter speech, even if the neighbors are very good.
• Don’t be a nationalist; people of different nationalities often live in communal apartments.
• If your neighbors have small children constantly screaming behind the wall, it is useless to swear; they themselves are probably doing everything possible to calm the child down.
• Wash and clean up after yourself constantly. For creative clutter, you have your own personal den.
• Don’t do dirty tricks to your neighbor, be smarter, if this process starts mutually, then it is very difficult to stop it. You need it!

And in a communal apartment you can live happily and painlessly. You just need to be smarter and wiser!

Rules for living in a communal apartment and the rights of neighbors in 2018: common areas, smoking, repairs, cleaning, etc.

Russia, along with other countries of the former USSR, has a huge number of communal apartments. In Soviet times, with the help of communal apartments, the housing problems of millions of citizens were solved, and thousands of Russian families still live in similar conditions.
Life in a communal apartment has its own characteristics. And if you decide to purchase a room, you need to know what rights and responsibilities you will face.

Law on communal apartments

There is no precise definition of the term “communal apartment” in the legislative and regulatory acts of our country. Most often, this terminology is raised at the regional level in the relevant regulations of regional government structures.

In general, a communal apartment is usually understood as a type of residential property that consists of several separate premises for residential purposes. Each room in such an apartment has a separate owner and tenant. In addition to residential premises, there are also certain public areas that all residents have the right to use. We are talking about corridors, kitchens, bathrooms and bathrooms, etc.

Rights and obligations of residents of a communal apartment

When it comes to living together, certain rules arise.

⇒ The rights and obligations of residents of communal apartments are regulated in accordance with the requirements and provisions of Article 30 of the Housing Code of the Russian Federation.

This law is in effect in Moscow and St. Petersburg and in other cities of our country.

In particular, premises owners have the right to:

• accommodation in their own room. The owner can live in his premises without any problems;
• free and unhindered use of public places;
• leasing of real estate;
• owners are also guaranteed free disposal of their property.

If a tenant lives on the basis of a social tenancy agreement, then his rights are limited. In this situation, the owner of the premises will be the municipality, and any decision regarding a specific room will first have to find support from authorized officials.

Regarding responsibilities, then everything is quite simple here. Residents of the hostel must:

1. Maintain cleanliness in your premises and common areas.
2. Take part in the life of the team, in particular, resolve issues regarding the duty schedule and repairs of premises.
3. Pay utility bills on time. It is not necessary that the premises will be used. The owner may not be there, but he will be required to pay for utilities on a timely basis.
4. Monitor the proper condition of the communal apartment.
5. Adhere to the rules of public order and moral standards of behavior.

Rules for living in a communal apartment

Rules for living in a communal apartment established in accordance with the provisions of the Housing Code of the Russian Federation. Of course, regarding communal apartments the law is mostly silent, but it does establish a number of mandatory rules.

If someone does not adhere to them, the violator may well be held accountable by a court decision.

Initially, administrative penalties will be applied against the offender, but if this is not enough, he may well be evicted.

Common areas in a communal apartment

Communal apartments must have certain common areas. By default, all residents can freely use the corridor, kitchen, bathroom, hallway and bathroom. At the same time, they may well occupy a certain space with furniture corresponding to their share.

Regarding the place of general purpose, namely the order of use, the law is silent. Therefore, all conflicts arising on this basis are automatically referred to the court.

You need to understand that in addition to the right to use the common space, residents will also be forced to maintain order in every possible way and, if necessary, carry out repairs.

Cleaning of common areas

All residents living in a communal apartment are required to maintain order in common areas and regularly clean them. This procedure is regulated by the norms of the Housing Code of the Russian Federation and the Civil Code of the Russian Federation, which indicate that each tenant is assigned a cleaning responsibility.

Thus, the Housing Code establishes that each tenant bears a certain financial burden for maintaining the property of the apartment, and his responsibility will be directly proportional to his share in the common property.

Cleaning premises, or rather the schedule and rotation should be determined by the residents themselves at a general meeting. The only caveat is that when determining the cleaning schedule, the number of residents in each room must be taken into account. A certain order of duty will need to be established jointly.

Renovation of common areas

The largest number of conflict situations arise regarding the repair of common areas. As a rule, most citizens believe that the contribution to repairs directly depends on the share of each of the residents.

However, in practice this is absolutely not the case. The law states that everyone uses public spaces on equal terms, so their contribution to repairs will be the same.

Please note that repairs in a communal apartment can begin either by decision of all residents or by the initiative of the management company. In the latter case, an inspection report and a preliminary cost estimate will be required.

Repairs in a communal apartment without the consent of neighbors

Each owner has the right to carry out repairs in the premises he owns at his own discretion. The exception is situations when repairs are carried out in public places, or redevelopment of a communal apartment is planned.

If we are talking about redevelopment in premises that will belong to the owner, written consent will be required from all residents. If at least one of them fails, it will be impossible to carry out the planned repairs.

If the repairs are carried out without the consent of the neighbors, they have the right to go to court and seek the dismantling of the illegal structure that was installed without their knowledge.

Smoking in a communal apartment

Current rules regarding smoking restrictions stipulate that the ban on the use of tobacco products affects all public spaces. Thus, nominally in a communal apartment you can smoke exclusively in your rooms. Smoking is not allowed in public places.

The exception will be situations when all neighbors smoke, or they have allocated a separate room for smokers, equipped in accordance with fire safety standards.

However, the current regulations do not mention smoking in a communal apartment at all.. However, if a smoker causes discomfort to his neighbors, they have the right to demand that he stop smoking, or they can turn to the local police officer for support. However, this is the most extreme option, and analysts still recommend trying to negotiate with smokers peacefully.

Pets in a communal apartment

Once upon a time there was a special rule according to which, in order to have a pet in a communal apartment, it was necessary to obtain written consent from all residents. However, after the Government of the Russian Federation Decree No. 25 of January 21, 2006 “On approval of the Rules for the Use of Residential Premises” came into force, this norm was canceled.

However, this does not mean that it is now possible to keep pets in communal apartments without problems. If the animal is large, and because of this there is discomfort for other residents, they have the right to insist on the eviction of the animal. It should also be taken into account that some citizens may have allergic reactions. They may well sue if a peaceful agreement cannot be reached.

For those citizens who are owners of pets, you need to remember some rules:

1. Pet owners must take into account the interests and rights of their neighbors and ensure that they do not have problems because of their pet.
2. Keeping sick animals in a communal apartment is strictly prohibited.
3. Keeping an animal should in no way violate environmental, sanitary and hygienic standards.

Guests in a communal apartment

The legislator in no way limits the right of residents of communal apartments to receive guests. You can invite people to visit you without restrictions and without the consent of your neighbors. We also note the fact that guests have every right to use common areas and any interference with them will be a violation.

However, with all this, a number of requirements are put forward for guests of communal apartments:

• guests cannot live in a communal apartment permanently. The exception is when they are renting a room;
• guests are obliged to follow ethical and moral standards, and must in no way violate public order;
• It is strictly prohibited to make noise and litter in public areas.

Payment of utilities in the apartment

Payment for utilities is made depending on the share of each owner in the common property. Most often, there are two main methods of payment:

1. Each living room has individual metering devices. Payment in this case will occur depending on the performance of the device. As for utilities for the use of the common area, payments will be made by agreement between residents, or depending on their shares.
2. There are no metering devices. In this situation, payment for utilities will be made depending on the number of residents, or taking into account the space occupied by each of the residents.

In general, the following rules will apply regarding payment of utility services:

• heating fees are divided among all residents in proportion to their shares;
• to calculate payments for water and gas, the number of people living in a communal apartment is taken into account;
• fees for the maintenance and repair of the house are paid based on the calculation of shares in common areas and the actual occupied area.

How to sell a room in a communal apartment, do you need to notify neighbors?

When selling rooms in a communal apartment, you need to remember the provisions and recommendations of Article 250 of the Civil Code of the Russian Federation. It states here that neighbors in the communal apartment will have a pre-emptive right to purchase.

Thus, if the owner decides to sell his share in a communal apartment, he is obliged to notify his neighbors about this, who can exercise their pre-emptive rights at any time. Moreover, this must be done in writing.

If neighbors do not want to buy out the share, they must write a written refusal. In the case where there is no written refusal, it is better to send written notices of sale to their names. This way, if problems arise, the owner will be able to prove that all neighbors were notified about the sale of the room.

Rights to a vacant room

If one of the rooms is vacated, it can be transferred by inheritance or as a gift to the owner’s heirs. If we are talking about a room owned by the municipality, then the vacated premises can be transferred on the basis of a social tenancy agreement to certain categories of citizens:

• users who are registered to receive their own housing. They are the ones who are given rooms in communal apartments;
• low-income citizens and other privileged categories of the population;
• users whose relocation is taking place within the framework of the program for the resettlement of dilapidated buildings;
• citizens who expressed a desire to buy a room from the municipality.

If the rights of those living in a communal apartment and the rules of residence are violated, where to complain, how to write a complaint

Often life in a communal apartment is accompanied by conflict situations. As statistics show, in the vast majority of situations, neighbors in a communal apartment cannot find a common language, and law enforcement officers often have to intervene.

If the question arises where to complain, then you need to indicate that conflicts in communal apartments are resolved with the participation of the police or the courts. If a neighbor violates your rights, no one can stop you from fighting him and writing a complaint. It will need to indicate the circumstances of the conflict that occurred, carefully describe your actions and the neighbors’ reaction to the claims, and also provide evidence. This includes various photographs and video materials, witness statements, etc.

If a neighbor occupies a common area

If a neighbor has unauthorizedly seized part of the common premises, it is necessary to file a lawsuit. Since common areas are divided between the owners according to shares, and their use is carried out on equal terms, the neighbor will be held accountable. In particular, he will be forced to vacate the territory that he occupied in circumvention of the current rules, dismantle all structures that violate the rights of other residents, etc.

If a neighbor in a communal apartment engages in arbitrariness

If a neighbor in a communal apartment is engaged in arbitrariness, he can be held accountable in accordance with the provisions of Article 19.1 of the Code of Administrative Offenses of the Russian Federation. If the violations are systematic and the offender does not pay attention to court decisions, it is possible to initiate the procedure for eviction from the occupied living space. To do this, you should contact lawyers who will help you find out exactly how to do this.

Let me wash myself

The reason for this phenomenon is the ability to buy, sell, give and inherit square meters. A resident of the capital, living in a communal apartment, faced one of these communal problems. So, a woman in a three-room apartment had two rooms as her property. The third belonged to another lady. But the owner of one room had another place to live, and, having bought another room, never moved into it. But from the very first day I began to gain extra meters. From that moment on, communal hell began for the owner of two rooms who permanently lived in the apartment. Temporary residents used the bathroom, kitchen, hallway and other “common property.”

And they made life very difficult for the owner of everything that stood on this “common” territory. The fact is that the kitchen and bath remained indivisible between the owners of the communal apartment. And everything that was in the toilet and corridor belonged to the permanently living hostess. And temporary residents considered it unnecessary to buy hangers and kitchen utensils.

The tired owner of two rooms went to the district court with a claim to protect her civil rights and for compensation for moral damage. She wanted her permission to move in temporary residents. But the court refused her. The Judicial Collegium for Civil Cases of the Supreme Court, having checked the decisions of district and city colleagues, did not agree with them.

The district court, when it denied the plaintiff, proceeded from the fact that today’s legislation does not provide for such a limitation of the rights of the owner as the need to obtain the consent of the owners of other rooms to move strangers into their territory. And the “common property,” that is, the bathroom, kitchen and hallway, “follows the fate of ownership of the room.” The court referred to Articles 41 and 42 of the Housing Code. The Supreme Court did not agree with such conclusions.

The Supreme Court stated that the owner has the right to “provide temporary possession” of his residential premises to other citizens. But besides rights, he also has responsibilities. The owner of square meters is required by law to “respect the rights and interests of neighbors and the procedure for maintaining common property.”

According to the Housing Code (Article 41), the owner of a communal apartment owns, by right of common shared ownership, “premises in the apartment used for maintenance.” Simply put, it's the same bathroom. But the next article of the code (Article 42) says that the share in the right of common ownership is proportional to the size of the owner’s total area in the apartment. That is, the owner of two rooms has twice as much share in the kitchen and bathroom.

The law states that common property is used by agreement. If it is not possible to reach an agreement, the problem is resolved by the court. When renting out a room, its owner assumes that the tenant will go to the bathroom and kitchen. But in order to “achieve a balance of interests” with the other owner, it is necessary to agree on the use of the kitchen. If it doesn’t work out, the court must do it.

In our case, there were no attempts to reach an agreement - neither peacefully nor in court. So, indeed, you can rent out a room without your neighbor’s consent, but you cannot use the toilet without her “approval.” Or get a court decision on this issue..

The Supreme Court concluded that the violation of the law by the district and city courts led to the fact that the plaintiff’s claims “virtually remained unconsidered.” The decisions in the case of the owner of two rooms have been canceled and the case will be reconsidered.

The article was written based on materials from the sites: works.doklad.ru, moidom911.ru, neurostu.ru, rg.ru.

Russia, along with other countries of the former USSR, has a huge number of communal apartments. In Soviet times, with the help of communal apartments, the housing problems of millions of citizens were solved, and thousands of Russian families still live in similar conditions.
Life in a communal apartment has its own characteristics. And if you decide to purchase a room, you need to know what rights and responsibilities you will face.

Law on communal apartments

There is no precise definition of the term “communal apartment” in the legislative and regulatory acts of our country. Most often, this terminology is raised at the regional level in the relevant regulations of regional government structures.

In general, a communal apartment is usually understood as a type of residential property that consists of several separate premises for residential purposes. Each room in such an apartment has a separate owner and tenant. In addition to residential premises, there are also certain public areas that all residents have the right to use. We are talking about corridors, kitchens, bathrooms and bathrooms, etc.

Rights and obligations of residents of a communal apartment

When it comes to living together, certain rules arise.

⇒ The rights and obligations of residents of communal apartments are regulated in accordance with the requirements and provisions of Article 30 of the Housing Code of the Russian Federation.

This law is in effect in Moscow and St. Petersburg and in other cities of our country.

In particular, premises owners have the right to:

• accommodation in their own room. The owner can live in his premises without any problems;
• free and unhindered use of public places;
• leasing of real estate;
• owners are also guaranteed free disposal of their property.

If a tenant lives on the basis of a social tenancy agreement, then his rights are limited. In this situation, the owner of the premises will be the municipality, and any decision regarding a specific room will first have to find support from authorized officials.

Regarding responsibilities, then everything is quite simple here. Residents of the hostel must:

1. Maintain cleanliness in your premises and common areas.
2. Take part in the life of the team, in particular, resolve issues regarding the duty schedule and repairs of premises.
3. Pay utility bills on time. It is not necessary that the premises will be used. The owner may not be there, but he will be required to pay for utilities on a timely basis.
4. Monitor the proper condition of the communal apartment.
5. Adhere to the rules of public order and moral standards of behavior.

Rules for living in a communal apartment

Rules for living in a communal apartment established in accordance with the provisions of the Housing Code of the Russian Federation. Of course, regarding communal apartments the law is mostly silent, but it does establish a number of mandatory rules.

If someone does not adhere to them, the violator may well be held accountable by a court decision.

Initially, administrative penalties will be applied against the offender, but if this is not enough, he may well be evicted.

Common areas in a communal apartment

Communal apartments must have certain common areas. By default, all residents can freely use the corridor, kitchen, bathroom, hallway and bathroom. At the same time, they may well occupy a certain space with furniture corresponding to their share.

Regarding the place of general purpose, namely the order of use, the law is silent. Therefore, all conflicts arising on this basis are automatically referred to the court.

You need to understand that in addition to the right to use the common space, residents will also be forced to maintain order in every possible way and, if necessary, carry out repairs.

Cleaning of common areas

All residents living in a communal apartment are required to maintain order in common areas and regularly clean them. This procedure is regulated by the norms of the Housing Code of the Russian Federation and the Civil Code of the Russian Federation, which indicate that each tenant is assigned a cleaning responsibility.

Thus, the Housing Code establishes that each tenant bears a certain financial burden for maintaining the property of the apartment, and his responsibility will be directly proportional to his share in the common property.

Cleaning premises, or rather the schedule and rotation should be determined by the residents themselves at a general meeting. The only caveat is that when determining the cleaning schedule, the number of residents in each room must be taken into account. A certain order of duty will need to be established jointly.

Renovation of common areas

The largest number of conflict situations arise regarding the repair of common areas. As a rule, most citizens believe that the contribution to repairs directly depends on the share of each of the residents.

However, in practice this is absolutely not the case. The law states that everyone uses public spaces on equal terms, so their contribution to repairs will be the same.

Please note that repairs in a communal apartment can begin either by decision of all residents or by the initiative of the management company. In the latter case, an inspection report and a preliminary cost estimate will be required.

Repairs in a communal apartment without the consent of neighbors

Each owner has the right to carry out repairs in the premises he owns at his own discretion. The exception is situations when repairs are carried out in public places, or redevelopment of a communal apartment is planned.

If we are talking about redevelopment in premises that will belong to the owner, written consent will be required from all residents. If at least one of them fails, it will be impossible to carry out the planned repairs.

If the repairs are carried out without the consent of the neighbors, they have the right to go to court and seek the dismantling of the illegal structure that was installed without their knowledge.

Smoking in a communal apartment

Current rules regarding smoking restrictions stipulate that the ban on the use of tobacco products affects all public spaces. Thus, nominally in a communal apartment you can smoke exclusively in your rooms. Smoking is not allowed in public places.

The exception will be situations when all neighbors smoke, or they have allocated a separate room for smokers, equipped in accordance with fire safety standards.

However, the current regulations do not mention smoking in a communal apartment at all.. However, if a smoker causes discomfort to his neighbors, they have the right to demand that he stop smoking, or they can turn to the local police officer for support. However, this is the most extreme option, and analysts still recommend trying to negotiate with smokers peacefully.

Pets in a communal apartment

Once upon a time there was a special rule according to which, in order to have a pet in a communal apartment, it was necessary to obtain written consent from all residents. However, after the Government of the Russian Federation Decree No. 25 of January 21, 2006 “On approval of the Rules for the Use of Residential Premises” came into force, this norm was canceled.

However, this does not mean that it is now possible to keep pets in communal apartments without problems. If the animal is large, and because of this there is discomfort for other residents, they have the right to insist on the eviction of the animal. It should also be taken into account that some citizens may have allergic reactions. They may well sue if a peaceful agreement cannot be reached.

For those citizens who are owners of pets, you need to remember some rules:

1. Pet owners must take into account the interests and rights of their neighbors and ensure that they do not have problems because of their pet.
2. Keeping sick animals in a communal apartment is strictly prohibited.
3. Keeping an animal should in no way violate environmental, sanitary and hygienic standards.

Guests in a communal apartment

The legislator in no way limits the right of residents of communal apartments to receive guests. You can invite people to visit you without restrictions and without the consent of your neighbors. We also note the fact that guests have every right to use common areas and any interference with them will be a violation.

However, with all this, a number of requirements are put forward for guests of communal apartments:

• guests cannot live in a communal apartment permanently. The exception is when they are renting a room;
• guests are obliged to follow ethical and moral standards, and must in no way violate public order;
• It is strictly prohibited to make noise and litter in public areas.

Payment of utilities in the apartment

Payment for utilities is made depending on the share of each owner in the common property. Most often, there are two main methods of payment:

1. Each living room has individual metering devices. Payment in this case will occur depending on the performance of the device. As for utilities for the use of the common area, payments will be made by agreement between residents, or depending on their shares.
2. There are no metering devices. In this situation, payment for utilities will be made depending on the number of residents, or taking into account the space occupied by each of the residents.

In general, the following rules will apply regarding payment of utility services:

• heating fees are divided among all residents in proportion to their shares;
• to calculate payments for water and gas, the number of people living in a communal apartment is taken into account;
• fees for the maintenance and repair of the house are paid based on the calculation of shares in common areas and the actual occupied area.

How to sell a room in a communal apartment, do you need to notify neighbors?

When selling rooms in a communal apartment, you need to remember the provisions and recommendations of Article 250 of the Civil Code of the Russian Federation. It states here that neighbors in the communal apartment will have a pre-emptive right to purchase.

Thus, if the owner decides to sell his share in a communal apartment, he is obliged to notify his neighbors about this, who can exercise their pre-emptive rights at any time. Moreover, this must be done in writing.

If neighbors do not want to buy out the share, they must write a written refusal. In the case where there is no written refusal, it is better to send written notices of sale to their names. This way, if problems arise, the owner will be able to prove that all neighbors were notified about the sale of the room.

Rights to a vacant room

If one of the rooms is vacated, it can be transferred by inheritance or as a gift to the owner’s heirs. If we are talking about a room owned by the municipality, then the vacated premises can be transferred on the basis of a social tenancy agreement to certain categories of citizens:

• users who are registered to receive their own housing. They are the ones who are given rooms in communal apartments;
• low-income citizens and other privileged categories of the population;
• users whose relocation is taking place within the framework of the program for the resettlement of dilapidated buildings;
• citizens who expressed a desire to buy a room from the municipality.

If the rights of those living in a communal apartment and the rules of residence are violated, where to complain, how to write a complaint

Often life in a communal apartment is accompanied by conflict situations. As statistics show, in the vast majority of situations, neighbors in a communal apartment cannot find a common language, and law enforcement officers often have to intervene.

If the question arises where to complain, then you need to indicate that conflicts in communal apartments are resolved with the participation of the police or the courts. If a neighbor violates your rights, no one can stop you from fighting him and writing a complaint. It will need to indicate the circumstances of the conflict that occurred, carefully describe your actions and the neighbors’ reaction to the claims, and also provide evidence. This includes various photographs and video materials, witness statements, etc.

If a neighbor occupies a common area

If a neighbor has unauthorizedly seized part of the common premises, it is necessary to file a lawsuit. Since common areas are divided between the owners according to shares, and their use is carried out on equal terms, the neighbor will be held accountable. In particular, he will be forced to vacate the territory that he occupied in circumvention of the current rules, dismantle all structures that violate the rights of other residents, etc.

If a neighbor in a communal apartment engages in arbitrariness

If a neighbor in a communal apartment is engaged in arbitrariness, he can be held accountable in accordance with the provisions of Article 19.1 of the Code of Administrative Offenses of the Russian Federation. If the violations are systematic and the offender does not pay attention to court decisions, it is possible to initiate the procedure for eviction from the occupied living space. To do this, you should contact lawyers who will help you find out exactly how to do this.

By following the rules of living in a communal apartment, you can avoid many conflict situations that often arise between neighbors. In addition, many aspects of this area are prescribed at the legislative level.

Guests in a communal apartment

• A tenant has the right to invite guests to his place without the consent of neighbors;
• Guests have the right to use places intended for general use, neighboring residents have no right to interfere with this;
• According to the law, a reception schedule for guests is not established, but by joint agreement of the residents, a rule can be established;
• Guests do not have the right to create noise, litter on the territory, or disobey the established order;
• Guests are not allowed to live permanently in communal apartments.
• The length of stay of guests and the number of persons are not specified in the legislation.

Common areas in a communal apartment

Common areas in the communal apartment include:

• Kitchen room;
• Toilet;
• Corridor;
• Hallway;
• Balcony;
• Utility rooms;
• Bathroom.

All residents have equally equal rights to common rooms. Only the areas adjacent to the personal room can be furnished without agreement. In public areas, it is prohibited to infringe on the rights of neighboring residents. Do not clutter the space with personal belongings and furniture.

The legislation does not establish the order of use of these premises; everything is decided collectively, disagreements and controversial issues are resolved through the courts. The former owner, who sold his share, cannot retain the rights to use the common premises. All rights are transferred to the new owner who purchased this share.

Common property cannot be sold.

Cleaning the common area

• Each resident is obliged to remove household waste, wash dishes, and put the bathroom and shower in proper condition immediately after use;
• Weekly cleaning is available by arrangement. More often, cleaning is carried out according to a schedule. When drawing up the schedule, the number of people living in each room and the tenant’s share of ownership in the apartment are taken into account;
• Residents are required to clean their apartment this issue is being considered at the legislative level;
• Each resident bears financial responsibility for the condition of the apartment and property.

Renovation of premises for general use

Repairs to common rooms are carried out by residents themselves. With the money of the owners themselves. Repair work can be carried out by hired workers of the appropriate profile.

To begin the process, a preliminary inspection of the premises requiring repair is carried out, with the presence of:

• All residents of the apartment;
• Repair team representative;
• Homeowners association person;
• A representative from a company providing home services;
• A person from the management company.

After the inspection, acts are written that indicate in writing that the premises require repairs.

After the residents decide to carry out repairs, new documents are written, which must include:

• To what extent does the premises comply with the requirements of the legislation of the Russian Federation;
• How will safety for residents be ensured during the repair work;
• What work is planned to be carried out and what are the costs of its implementation;
• How will possible defects be eliminated?

In this act, the owners are obliged to: determine all upcoming work, the collection of funds, the dates for the work and the priority.

If one of the owners refused to participate in the repairs, then the neighbor may take responsibility to pay part of the amount for the negligent tenant. In the future, through the court, he will be able to get his money back.

• Redevelopment

Since the property belongs to all residents, redevelopment can only be carried out with the general consent of the owners. Moreover, everything must be formalized in writing with the participation of a notary. To avoid unnecessary problems in the future, this is a mandatory process.

Moreover, permission from neighbors is not enough; the relevant authorities must also approve the plan. To do this, you need a clear sketch of the redevelopment and the owner’s documents for the share of the premises. Load-bearing walls are not subject to redevelopment.

• Permissible noise level in a communal apartment.

In the legislative system, the rights of tenants in this matter are regulated. Noise is one of the most common causes of conflict situations in a communal apartment. If rules and regulations are violated, administrative penalties are appropriate.

Mode set:

What can disturb the silence at night:

• Use of television or radio equipment above the permissible noise standard;
• Use of musical instruments(guitar, violin, etc.), singing songs, screaming;
• Carrying out renovation work using loud-sounding tools and instruments;
• Use of pyrotechnics;
• And other activities that contribute to noise pollution.

Failure to comply with the established rules may result in a fine.

Smoking in a communal apartment

The law on reducing smoking of tobacco products imposes a ban on the following places:

• Health care institutions;
• Airplanes and other transport aircraft;
• Route taxis and buses;
• Workplaces;
• Sports facilities;
• On the territory and in buildings of educational institutions;
• Cultural institutions;
• Entrances of houses;
• State institutions type.

There is no direct law prohibiting smoking in a communal apartment. However, there is an article that states that: “Smoking is inhaling smoke from smoldering tobacco products.”

Cunningly using these and other data, it can be proven that smoking by one of the residents of the apartment in a common area means the use of this room contrary to its purpose for personal purposes.

Infringement of the rights of neighbors consists in the fact that such use of premises in a communal apartment is contrary to the wishes and interests of neighboring residents. For this reason, if a smoker neighbor does not want to reach an agreement with you calmly, then you should contact the courts.

• Pets in a communal apartment.

There is no law that prohibits keeping pets in a communal apartment. However, not so long ago, it was allowed to keep animals only with written permission from all neighbors. Now these norms have been removed.

But you can keep animals only if your neighbors have no contraindications to them. If there are still contraindications, their consent is required. For example, if one of the residents is allergic to wool. Or, for example, if the rights of other residents are violated.

For example, the dog barks loudly at night. In such cases, neighbors can appeal to the courts.

In general, if you decide to get an animal, you need to make sure that you do not violate:

• Neighbors' rights;
• Sanitary and epidemiological indicators;
• Environmental standards and regulations;
• Fire safety standards.

• Payment of utilities in the apartment.

Residents are required to pay utilities in proportion to their area in the apartment. Previously we told.

There are options:

• If there are individual metering devices. Each resident pays for services using their own meters. And utility bills for the use of public territory are divided according to a general agreement.
• If there are no individual devices, payment is made by mutual agreement of the parties. It may depend on the number of people living or on the area occupied by each person.

If the neighbors were unable to resolve this issue on their own, then the rules for payment look like this:

• To pay for electricity, the power of the appliances used in each room and their number are calculated;
• Payment for heat energy is made relative to the territory of ownership of each tenant in the apartment;
• Payments for gas and water are calculated based on the number of living people (tenants and guests) living in the room for more than a month;
• “Repairs and maintenance” are paid depending on the share in common areas and based on the share of premises.

For a neighbor who does not pay for services, the state does not force other residents to pay off his debts.

Based on Article 250 of the Civil Code of the Russian Federation, Neighboring residents of the apartment have an advantage in purchasing a room on the territory of a communal apartment. If they do not want to take advantage of this privilege, they are obliged to provide you with a refusal in shift form. Such a document is required when carrying out a transaction.

It happens that neighbors are not going to buy a room and do not give you a written refusal. Then you can send them notices in writing certified by a notary. If a neighbor has received such a notice, he is considered to have been notified. If there is no response from him within a month, this is interpreted as a refusal.

If the owner is under the age of majority, then the refusal is accepted only with the participation of the guardianship and guardianship authorities.

If one of your neighbors acquires a share from you, you do not need to notify the other residents about this.

The seller may be refused to complete the transaction if all owners are not notified of this action. A transaction carried out without notifying neighbors will be able to be liquidated within a month after the sale. If a neighbor has a good reason why he missed this deadline, under Article 205 of the Civil Code of the Russian Federation, his powers will be restored. And he will be able to buy out this share.

• Rights to a vacant room.

If the tenant of a room in an apartment under a social contract. rent vacates it, then tenants and owners have alternate rights to this area:

• First of all, citizens are identified as low-income and in need of improved living conditions;
• Next, the poor, whose area is too small to accommodate all family members;
• Afterwards, everyone wants to buy a share.

These citizens can use housing under a social contract. hiring

If there are none, housing can be given to a needy person standing in line.

If you want a calm, measured life in a communal apartment, remember:

• That all people are equal, do not look down on them, even if you are a professor.
• Don't gossip, especially if you don't want the same to happen to you.
• Everything said in the future can be used against you, filter speech, even if the neighbors are very good.
• Don’t be a nationalist; people of different nationalities often live in communal apartments.
• If your neighbors have small children constantly screaming behind the wall, it is useless to swear; they themselves are probably doing everything possible to calm the child down.
• Wash and clean up after yourself constantly. For creative clutter, you have your own personal den.
• Don’t do dirty tricks to your neighbor, be smarter, if this process starts mutually, then it is very difficult to stop it. You need it!

And in a communal apartment you can live happily and painlessly. You just need to be smarter and wiser!