1. Owners of apartments in apartment building belong by common right shared ownership common areas of the house, bearing structures home, mechanical, electrical, plumbing and other equipment outside or inside an apartment serving more than one apartment. 2. The owner of an apartment does not have the right to alienate his share in the right of ownership of the common property of a residential building, as well as to perform other actions entailing the transfer of this share separately from the right of ownership of the apartment.
Legal advice under Art. 290 Civil Code of the Russian Federation
Question answered over the phone
Question answered over the phone
Question answered over the phone
Civil Code of the Russian Federation, Article 290 Owners of apartments in an apartment building have right to common property common areas of the house, supporting structures of the house, mechanical, electrical, plumbing and other equipment outside and...
- Lawyer's answer:
Article 36. Reducing the size of common property in an apartment building is possible only with the consent of all owners of premises in this building through its reconstruction. Article 40. Changing the boundaries of premises in an apartment building 1. The owner of a premises in an apartment building, when acquiring ownership of a premises adjacent to the premises in an apartment building owned by him, has the right to combine these premises into one premises in the manner established by Chapter 4 of this Code. The boundaries between adjacent premises may be changed or these premises may be divided into two or more premises without the consent of the owners of other premises if such a change or division does not entail a change in the boundaries of other premises, the boundaries and size of common property in an apartment building or a change shares in the right of common ownership of common property in this house. 2. If the reconstruction, reorganization and (or) redevelopment of premises is impossible without adding to them part of the common property in an apartment building, the consent of all owners of the premises in the apartment building must be obtained for such reconstruction, reorganization and (or) redevelopment of premises.
The owners of premises in an apartment building own, by the right of common shared ownership, the common property in the apartment building, namely: 1) premises in this building that are not parts of the apartments and are intended for servicing...
- Lawyer's answer:
All ancillary premises in a multi-apartment residential building are in the common shared ownership of the apartment owners. In accordance with Part 2 of Art. 290 of the Civil Code of the Russian Federation, the owner of an apartment does not have the right to alienate his share in the right of common ownership separately from the right of ownership of the apartment
It is forbidden. This is the common property of the owners of the apartments of this building. Well, why such stupid questions??? Yes, you can.
- Lawyer's answer:
Article 37. Determination of shares in the right of common ownership of common property in an apartment building 1. The share in the right of common ownership of common property in an apartment building of the owner of the premises in this building is proportional to the size of the total area of the specified premises. 2. The share in the right of common ownership of common property in an apartment building of the owner of the premises in this house follows the fate of the ownership of the specified premises. 3. When transferring ownership of premises in an apartment building, the share in the right of common ownership of the common property in this building of the new owner of such premises is equal to the share in the right of common ownership of the specified common property of the previous owner of such premises. 4. The owner of premises in an apartment building does not have the right to: 1) allocate in kind his share in the right of common ownership of common property in an apartment building; 2) alienate his share in the right of common ownership of common property in an apartment building, as well as perform other actions entailing the transfer of this share separately from the right of ownership of the specified premises.
- Lawyer's answer:
in any case, everything outside the apartment for which ownership is registered is common property. If you get the consent of the general meeting of owners, then you can register the property, only approval from the regulatory authorities is still needed for redevelopment or reconstruction
do I know? Maybe the owners, maybe the municipality. . look at the documents...
Not allowed. Due to the absence of the owners, repairs will not be suspended. ▬▬▬▬▬▬▬▬▬ஜ۩۞۩ஜ▬▬▬▬▬▬▬▬▬▬▬ ✔ I advise you to try QIWI-Multiplier kiwi50.рф (remove the space)! Deposit from 10 rubles + 50% profit in 24 hours! ✔ Referral program! ✔ DDoS protection...
- Lawyer's answer:
Article 36. Ownership right to the common property of the owners of premises in an apartment building 1. The owners of premises in an apartment building own, by right of common shared ownership, premises in a given building that are not parts of apartments and are intended to serve more than one premises in a given building, including inter-apartment ones landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are utilities, other equipment serving more than one room in a given house (technical basements), as well as roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment located in a given house outside or inside the premises and serving more than one room, land plot on which this house is located, with elements of landscaping and landscaping and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot (hereinafter referred to as the common property in the apartment building). The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.
If the apartment is privatized, the batteries in the apartment are the private property of the apartment owner
the adjacent territory is the common property of the owners of the house and cannot be allocated in kind. Attempt to consolidate parking places this is laying mines for future conflicts. The rule of the strong will apply here, and “everyday hazing” will also be cultivated.
When writing tasks, write about it in the title.
- Lawyer's answer:
General, general. Here is what the Housing Code of the Russian Federation says about this (I don’t know whether to mark it completely) http://www.consultant.ru/popular/housing/55_7.html#p417 Article 36. Ownership of the common property of the owners of premises in an apartment building 1 The owners of premises in an apartment building own, by right of common shared ownership, premises in this building that are not parts of apartments and are intended to serve more than one premises in this building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are utility lines, other equipment serving more than one room in a given house (technical basements), as well as roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment, located in this house outside or inside the premises and serving more than one room, the land plot on which this house is located, with elements of landscaping and improvement, and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot (hereinafter - common property in an apartment building). The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.2. The owners of premises in an apartment building own, use and, within the limits established by this Code and civil legislation, dispose of the common property in the apartment building.3. Reducing the size of common property in an apartment building is possible only with the consent of all owners of premises in this building through its reconstruction.4. By decision of the owners of premises in an apartment building, adopted at a general meeting of such owners, common property in an apartment building may be transferred for use to other persons if this does not violate the rights and legitimate interests of citizens and legal entities.5. The land plot on which the apartment building is located may be encumbered with the right of limited use by other persons. It is not permitted to prohibit the establishment of encumbrances on a land plot if it is necessary to ensure access for other persons to objects that existed before the date of entry into force of this Code. A new encumbrance of a land plot with a right of limited use is established by agreement between the person requiring such an encumbrance of the land plot and the owners of premises in an apartment building. Disputes regarding the establishment of encumbrance of a land plot with the right of limited use or the conditions of such encumbrance are resolved in court.6. In the event of destruction, including accidental death, demolition of an apartment building, the owners of the premises in the apartment building retain a share in the right of common shared ownership of the land plot on which the house was located, with elements of landscaping and landscaping and other items intended for maintenance, operation and improvement of this house, objects located on the specified land plot, in accordance with the share in the right of common shared ownership of common property in an apartment building at the time of destruction, including accidental death, demolition of such a house. These owners own, use and dispose of the property provided for in this part in accordance with civil legislation.
- Lawyer's answer:
1. The owners of premises in an apartment building own, by right of common shared ownership, premises in this building that are not parts of apartments and RF GOVERNMENT DECREE of August 13, 2006 N 491 5. The common property includes in-house engineering systems for cold and hot water supply and gas supply , consisting of risers, branches from the risers to the first shut-off device located on the branches from the risers, the specified shutdown devices, collective (common house) cold and hot water metering devices, the first shut-off and control valves on the branches of the intra-apartment wiring from the risers, as well as mechanical, electrical, sanitary and other equipment located on these networks. 6. The common property includes an intra-house heating system, consisting of risers, heating elements, control and shut-off valves, collective (common house) heat energy metering devices, as well as other equipment located on these networks. MINISTRY OF REGIONAL DEVELOPMENT OF THE RUSSIAN FEDERATION LETTER dated September 4, 2007 N 16273-SK/07 Ministry of Regional Development Russian Federation has considered the appeal regarding the composition of common property and reports. In accordance with paragraph 6 of the Rules for the maintenance of common property, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491, the common property includes an in-house heating system consisting of risers, heating elements, control and shut-off valves, collective (common house) appliances metering of thermal energy, as well as other equipment located on these networks. Based on the above, heating elements (radiators) located inside apartments are part of the common property of an apartment building. Director of the Department of Housing and Communal Services S. A. KRAINEV It is useful to read the Decision of the Supreme Court of September 22, 2009 No. GKPI09-725. By this Decision, left unchanged by the Cassation Board of the Armed Forces of the Russian Federation dated November 24, 2009. , heating radiators that have shut-off devices and serve more than one room are classified as the property of the owners. Right of ownership to the common property of the owners of premises in an apartment building 1. The owners of premises in an apartment building own, by right of common shared ownership, premises in a given building that are not parts of apartments and are intended to serve more than one premises in a given building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are utilities, other equipment serving more than one room in a given house (technical basements), as well as roofs enclosing the load-bearing and non-load-bearing structures of the house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one premises, the land plot on which this house is located, with elements of landscaping and landscaping and other equipment intended for the maintenance, operation and improvement of this houses, objects located on the specified land plot (hereinafter referred to as the common property in an apartment building). The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning. , removed from the common property and defined as the property of the owners.
- Lawyer's answer:
Housing Code of the Russian Federation Chapter 6. Common property of owners of premises in an apartment building. General meeting of such owners Article 36. Ownership of the common property of the owners of premises in an apartment building 1. The owners of premises in an apartment building own, by right of common shared ownership, premises in a given building that are not parts of apartments and are intended to serve more than one premises in a given building, in including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are utility lines, other equipment serving more than one room in a given house (technical basements), as well as roofs enclosing load-bearing structures and non-load-bearing structures of this house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one room, the land plot on which this house is located, with elements of landscaping and landscaping and other intended for maintenance, operation and improvement of this house, objects located on the specified land plot (hereinafter referred to as the common property in the apartment building). The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning. It is not clear what location of the heating radiators we are talking about. If we mean their location in the apartment, then, based on the residential complex, they are not common property. If the batteries are located in the entrance, then they belong to the common property.
What, I dreamed about the October Revolution7))))) The land under an apartment building is the common property of all owners, the allocation of pieces is not provided for by law. If the garage is installed illegally, then your actions will generally be lawlessness.
- Lawyer's answer:
If you are the owner there are no restrictions, on the contrary, you have the right to dispose at your own discretion, if this does not violate the rights of other owners of the HOA. The restrictions are set by federal laws. Rights and obligations of the owner of residential premises 1. The owner of residential premises exercises the rights of ownership, use and disposal of residential premises owned by him in accordance with its purpose and the limits of its use, which are established by this Code. 2. The owner of residential premises has the right to provide possession and (or) use of residential premises belonging to him by right of ownership to a citizen on the basis of a lease agreement, an agreement for gratuitous use or on other legal grounds, as well as to a legal entity on the basis of a lease agreement or on other legal grounds taking into account the requirements established by civil legislation and this Code. 3. The owner of a residential premises bears the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of the premises in the corresponding apartment building, and the owner of the room in communal apartment also bears the burden of maintaining the common property of the owners of rooms in such an apartment, unless otherwise provided federal law or a contract. 4. The owner of a residential premises is obliged to maintain the premises in proper condition, preventing mismanagement of them, 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. Contents of property rights 1. The owner has the rights to own, use and dispose of his property. 2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and not violating the rights and interests protected by law of other persons, including alienating one’s property into the ownership of other persons, transferring to them, while remaining the owner, the rights of ownership, use and disposal of property, pledging property and encumbering it in other ways, disposing of it in other ways . 3. Possession, use and disposal of land and other natural resources to the extent that their circulation is permitted by law (Article 129), they are carried out by their owner freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons. 4. The owner can transfer his property to trust management to another person (trustee). The transfer of property into trust management does not entail the transfer of ownership rights to the trustee, who is obliged to manage the property in the interests of the owner or a third party specified by him. Chapter 3. Housing Code of the Russian Federation TRANSFER OF RESIDENTIAL PREMISES TO NON-RESIDENTIAL PREMISES AND NON-RESIDENTIAL PREMISES TO RESIDENTIAL PREMISES
- Lawyer's answer:
Art. 36 of the Housing Code of the Russian Federation, a balcony is not common property in an apartment building. The apartment belongs to you or a neighbor on the right of private ownership... The balcony is part of the apartment and cannot be classified as common property. The canopy (covering) over the balcony is its structural element, is not the roof of an apartment building and is not intended to serve other residential premises in this building. ..St. 210 of the Civil Code of the Russian Federation: the owner bears the burden of maintaining the property he owns. Perhaps so...
- Lawyer's answer:
Here you need to look at where these lights are located, on whose land plot, if on a house plot, then yes, they are common property, a common house appliance - it’s definitely located on your land plot, otherwise it would not be common house property. Thus, according to the plan, you need to look at all your lights, compile the repair costs, distribute them equally among the members of either the housing cooperative or the HOA (depending on what kind of public fund you have), give them out for membership fees or repair costs, and that’s it, no problem.
It belongs to the owners of the apartments in the building. Municipal apartments also have an owner, from whom the residents of municipal apartments rent housing under a rental agreement.
If you are the owner of an apartment in an apartment building and have registered your right, then what other registration do you need? The common areas are a priori already yours in common, the land plot under your house is another matter, but here you need to look at “Do you need it?”
This is where the consent of the majority of owners is required. The façade is also common property. most likely no way... the roof belongs to the common property of the house, which is served by the management company... access to the roof is only with the permission of the management company, but it will not give permission...
The list of common property of an apartment building is specified in the Housing Code of the Russian Federation (landings, corridors, roofs, basements, elevators, electrical switchboards, land plot with the house, common house networks (electrical networks, hot risers...
The corridor in the apartment does not belong to the common property
Valentin Mainulov
If private property in an apartment building burns down, what will the owner of the apartment know where to live?
1. Restore burnt-out housing at your own expense. 2.Purchase new housing (again at your own expense). It will be easier with finances if you have insurance.
It is in common shared ownership of the owners of premises in an apartment building.
You have in your hands a certificate of ownership and a cadastral plan, a BTI passport - it contains a diagram of what your property is, but if your apartment has water, heating, gas pipes, electrical wiring not only for your apartment...
Artem Sergushin
Hello! In 2015 The municipality, on the basis of the residential complex, transferred, without notifying the owners of the apartment complex, the adjacent territory. Everything would be fine. But the site was handed over with a destroyed children's playground, a sports ground, and collapsed asphalt near the house. The question is: should the municipality have repaired everything before the transfer and handed over the site in proper condition to the owners? Is it legal to impose on the owners major renovation children's playground, sports ground, asphalt driveways near the house, when did all this fall into disrepair during the management of the municipality?
Oksana Antonova
Hello. In the new apartment building, due to an unsuccessful layout, three apartments on three floors decided to install lockable partitions, using part of the site for their personal needs. According to the project, the site has the shape of a rectangular ring, with an elevator in the center. Once the partitions are installed around the elevator, it is no longer possible to walk in a circle. In each case of annexation, part of the site was captured by one apartment, which actually annexed this area to its apartment without documenting it. Tell me which points of the Civil Code and the Housing Code of the Russian Federation need to be relied upon in order to judicial procedure force the invaders to tear down the partitions? Can invaders legitimize their partitions at a general meeting of owners? How many votes “for” and from what number of votes of owners will this require?
Daniil Krivorotko
Is the gas pipe the common property of the Moscow Railway (piping on the wall of the house) if it was built at the expense of part of the owners and can I connect my apartment to this pipe.
Gennady Tumarkin
One-story 6-apartment house (barrack type). Is the roof a common property? The house is not registered anywhere.
Zoya Volkova
what is the common property of an apartment building
Marina Filippova
About the arrangement of a separate entrance to the apartment. Why, when voting on the issue of installing a separate entrance to residential apartment in place of the 1st floor window, the administration requires the consent of 100% of the owners. I did not find anything intelligible in articles 44-48 of the housing complex, to which they refer. Tell me where this is written.
Elena Romanova
What property belongs to the common property (common areas) of a residential building?
Yana Tarasova
Tell me, is it possible to buy the premises bordering my apartment? Tin ventilation ducts (2-3 pieces) run through this room. It has a separate door. I will not make any changes, just replacing the wooden door with an iron one. Judging by Art. 36 of the RF Housing Code requires the consent of all owners. Is it possible to somehow get around this? The house is new (the state commission has not yet accepted it) and this is simply not realistic to do.
Grigory Chechnev
Is it possible in the city to privatize the yard on which an apartment building stands?
Anton Glushak
Gennady Pervozvansky
In apartment buildings, the extension was considered the common property of all apartment owners! Has this law changed, if so when?
Alexander Goryachkin
Who was the owner of the common property in an apartment building at the time the housing code was introduced - as of 03/01/2005.
Evgeniy Melnik
Do they recalculate an absent tenant for the maintenance of common property in an apartment building?
Daria Sorokina
Is the common property of an apartment building a shared property?
Maria Popova
Are batteries common property of an apartment building?
Georgy Davydenko
Can residents of an apartment building stake out parking spaces? people from neighboring entrances walk and collect signatures to take up several parking spaces. 80% of the residents are over 60, it makes no difference to them and they agree, is it possible to fight this somehow, and how many signatures are needed so that they can coordinate their actions with the state?
Dmitry Smurygin
Common property of owners in an apartment building. Good afternoon. Could you help me in the following situation? If the apartment building, as well as the plot on which it is built, are the property of a certain company, say X, then most of the apartments are purchased by individual owners who are not part of company X. Will the common property of the owners in this apartment building, according to Art. 36 Housing Code of the Russian Federation, i.e. including el. tech. installations, elevators, green spaces, as well as the land plot under the house?
Lydia Koroleva
I can’t find the right of common joint ownership of the common property of apartment owners in an apartment building, etc. I find the Housing Code everywhere, and work on civil law. help.thank you in advance
Stanislav Shvalov
common property of apartment owners in an apartment building???
Vera Mironova
should I pay for heating in the basement if I don’t even have radiators there, but only pipes going to the apartments. should I pay for heating in the basement if I don’t even have radiators there, but only pipes going to the apartments
Maxim Gorelikov
Replacing heating in a privatized apartment. Good afternoon. I want to replace the heating in a privatized apartment, should housing and communal services pay my expenses, and if so, in what amount?
Ilya Pankin
Are heating radiators included in the common property of owners in an apartment building? And where can I watch this?
Andrey Filippovsky
How to find out that the garage in front of the house is installed illegally. Is it possible to register this land for yourself by taking it away from the previous one? owner?
Maxim Mokashin
Based on what article of the Housing Code of the Russian Federation do I not have the right to dispose of my property without the consent of the HOA. I am the owner of a privatized apartment located on the ground floor of an apartment building. I want to transfer it from residential premises to non-residential premises.
Evgenia Komarova
The balcony in the purchased apartment collapses. The balcony in the apartment above is collapsing, I have an order from the Criminal Code stating that it is impossible for me to use my balcony. The Criminal Code refers to the law and says that the balcony slab is the property of the owner of the apartment, the cat is above me and he himself must repair and strengthen it. Is it so?
Klavdiya Tarasova
Is the following (inside) the common property of the owners of an apartment building? 1. Household heat metering device - it will be manufactured by the state. verification 2. street lighting (several lamps) - minor repairs Question. 1. Is the specified common property of the owners of an apartment building? 2. Is the general rule of expenses for maintaining common property applied to the specified property in proportion to the shares in the right of common ownership in an apartment building? Please provide answers with explanation. Thank you.
Daria Kuznetsova
How to resolve the issue with the common property of an apartment building? If some of the apartments are privatized and some are not, who should be privatized? who owns it, how is this issue resolved, and specifically interested in the basement of this house - in which there is a commercial space, a store, which was previously rented out by the city committee for the management of city property, and now some of the apartments have been privatized, and some have not, who has the right to rent such property for rent, is it really necessary to have the consent of all residents of privatized and non-privatized apartments???? (((
Fedor Rosly
Is it necessary for the owners of an apartment building to register the right to common ownership in the regional center? what is the legal basis?
Alina Gromova
How to coordinate the installation of a satellite dish? (1 on the facade; 2 on the roof of an apartment building)
Evgeniy Adrianov
Tell me where is the clear line between the owner’s property and the common property?
Maxim Demidovsky
Is it possible to force the housing office to do routine repairs to the corridor in a non-privatized apartment? Every month money is paid for current repairs of the common property of an apartment building.
Raisa Belyaeva
Is the entrance to a house considered a common area?
Ivan Miklashkov
Who owns the land under the apartment building? The house is the property of the residents...
Mikhail Papusha
Tell me where is the clear distinction between the owner’s property and common property in an apartment building?
Among the ways to reach an agreement between the owners of all residential premises of one apartment building may be the organization of a homeowners' association (see Article 291 of the Civil Code of the Russian Federation and the commentary thereto). If an association of owners is created, a certain part of the powers in relation to the share in the right of common ownership of objects of common use of each of its members is “delegated” to a legal entity. We are talking about managing common property, providing it for use by third parties and some other rights provided for by the Housing Code of the Russian Federation. It should be borne in mind that such delegation does not affect the position of the owner in relation to the residential premises - the owner of the dwelling himself is not deprived of the right to own, use and dispose of the premises belonging to him.
Article 290
Article 290 of the Civil Code of the Russian Federation
1. The owners of apartments in an apartment building own, by right of common shared ownership, the common premises of the house, the supporting structures of the house, mechanical, electrical, sanitary and other equipment outside or inside the apartment that serves more than one apartment.
Article 290 of the Civil Code of the Russian Federation
1. The owners of apartments in an apartment building own, by right of common shared ownership, the common premises of the house, the supporting structures of the house, mechanical, electrical, sanitary and other equipment outside or inside the apartment that serves more than one apartment.
Article 290
10. An apartment as an object of ownership (Article 289) consists of one or more living rooms, functionally connected by the common areas of the apartment and communication with the common areas of a residential building, street, yard, and adjacent land. Its layout and parameters are recorded in the floor plan and apartment-by-apartment explication to the floor plan of a residential building, which have legal significance.
Civil Code of the Russian Federation Article 290
33 Palestinian. Feodorovskaya (1239) and “Triumph of the Blessed Virgin Mary” (Port Arthur) (1904) icons of the Mother of God. Russia Russia - Day of special forces of the internal troops of the Ministry of Internal Affairs of Russia Catholics: Sabina, John. Under the agreement, China ceded Hong Kong to Great Britain and opened five ports for its ships, and also paid $23 million in war indemnities. 1870 - 15-year-old Arthur Rimbaud left his parents' home and went to Paris from Charleville.
Article 290
This explanation is superficial and cannot be considered anything other than a misunderstanding. A residential building is a single property complex consisting of many elements that are both physically and functionally interconnected with each other. Individual premises, both residential and non-residential, cannot exist without the common property that is intended for their maintenance, and sometimes even for their very existence. This means that they do not meet the main feature of the main thing - the ability to be used independently for its intended purpose, without belonging to it. In addition, the rule of Art. 135 of the Civil Code is dispositive, while the provision of paragraph 2 of Art. 290 is strictly imperative in nature.
In refusing to satisfy the demands, the courts were guided by Articles 346.26, paragraph 2 of Article 251 Tax Code of the Russian Federation and took into account the circumstances established during the audit, which together indicate that during the audited period the organization carried out activities subject to taxation under the single tax on imputed income, namely, provided paid services for storing vehicles in parking lots.
Commentary on Article 290 of the Civil Code of the Russian Federation
1. The wording of paragraph 1 of Art. 290 is incorrect to the same extent as the wording of Art. 289 Civil Code (see commentary). In fact, paragraph 1 of Art. 290 does not reflect the real state of affairs, but only indicates the possible ownership of common property in an apartment building by the owners of individual apartments, which can come true in the presence of certain circumstances.
Article 290 of the Civil Code of the Russian Federation
1. The owners of apartments in an apartment building own, by right of common shared ownership, the common premises of the house, the supporting structures of the house, mechanical, electrical, sanitary and other equipment outside or inside the apartment that serves more than one apartment.
Article 290 of the Civil Code
These relations of common ownership can be conditionally called internal, since they develop between the owners of one object (apartment or isolated rooms). Relations of common ownership of stairs, elevators, basements, corridors and other common objects that develop between the owners of one residential premises, on the one hand, and other owners of real estate in the housing sector, on the other hand, can conditionally be called external relations of common property in an apartment building , i.e.
Civil Code of the Russian Federation Article 290
Receipt by an official, a foreign official or an official of a public international organization of a significant amount of a bribe is punishable by a fine in the amount of thirty to sixty times the amount of the bribe with deprivation of the right to hold certain positions or engage in certain activities for up to three years or imprisonment for up to six years. years with a fine of thirty times the amount of the bribe. 3.
Article 290 of the Civil Code of the Russian Federation
This item includes expenses not related to wages, the purchase of services by institutions for their own needs, the servicing of state and municipal debt obligations, the provision of gratuitous and non-refundable transfers to organizations, budgets at the expense of budget funds, the implementation of social security, including:
Civil Code of the Russian Federation Article 290
Based on the above legal norms and the substance of the present dispute, the appellate court should have established whether the disputed premises are the common property of the house in relation to the provisions of Article 36 of the Housing Code of the Russian Federation and Article 290 of the Civil Code of the Russian Federation. The plaintiffs challenge the registered right of the defendants to the disputed premises, citing the fact that by force of law they belong to the common property of the house. Otherwise, it would mean a violation of the principle of discretion in civil proceedings.
Civil Code of the Russian Federation Article 290
is punishable by a fine in the amount of twenty-five to fifty times the amount of the bribe with deprivation of the right to hold certain positions or engage in certain activities for up to three years, or forced labor for up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years, or imprisonment for a term of up to three years with a fine in the amount of twenty times the amount of the bribe.
1. The owners of apartments in an apartment building own, by right of common shared ownership, the common premises of the house, the supporting structures of the house, mechanical, electrical, sanitary and other equipment outside or inside the apartment that serves more than one apartment.
2. The owner of an apartment does not have the right to alienate his share in the right of ownership of the common property of a residential building, as well as to perform other actions entailing the transfer of this share separately from the right of ownership of the apartment.
Comments on Article 290 of the Civil Code of the Russian Federation
1. In relation to the common property listed in paragraph 1 of the commented article in an apartment building, a regime of common shared ownership of apartment owners has been established (on the right of common shared ownership, see the commentary to Articles 244 - 252). This paragraph specifically emphasizes that this property can be located both inside the apartment and outside it, but it must serve more than one apartment. The peculiarity of this property is that it cannot be used as a residential premises.
Expenses for the maintenance of common property are distributed among all co-owners in shares determined by the ratio of the areas they own. It does not matter whether this property was actually used. Thus, residents of the first or second floor may not use the elevator at all, but must bear the cost of its maintenance.
2. In paragraph 2 of Art. 290 establishes a rule according to which the corresponding share in the ownership of the common property of a residential building follows the fate of the ownership of the apartment, being inextricably linked with it. Thus, a share in the right to common property does not have independent legal significance. It follows from this that the share in the property right cannot be independently circulated, i.e. be the subject of contracts of sale, exchange, donation, etc. The owner of a share also does not have the right to demand its allocation in kind (see commentary to Article 252) and, accordingly, the right to demand payment of compensation if allotment in kind is impossible. In addition, a share in the right of common ownership of such property does not entail the emergence of a pre-emptive right of purchase (see commentary to Article 250).
Official text:
Article 290. Common property of apartment owners in an apartment building
1. The owners of apartments in an apartment building own, by right of common shared ownership, the common premises of the house, the supporting structures of the house, mechanical, electrical, sanitary and other equipment outside or inside the apartment that serves more than one apartment.
2. The owner of an apartment does not have the right to alienate his share in the right of ownership of the common property of a residential building, as well as to perform other actions entailing the transfer of this share separately from the right of ownership of the apartment.
Lawyer's comment:
A feature of the right of common ownership of common property in an apartment building is that common property arises directly due to the fact that citizens acquire ownership of specific premises. The owners of premises in an apartment building own, by right of common shared ownership, premises in this building that are not parts of apartments and are intended to serve more than one premises in this building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are utility lines, other equipment serving more than one room in a given house (technical basements), as well as roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment, located in this house outside or inside the premises and serving more than one room, the land plot on which this house is located, with elements of landscaping and improvement, and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot.
The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning activities (Part 1 of Article 36 of the Housing Code of the Russian Federation). The share in the right of common ownership of common property in an apartment building of the owner of the premises in this building is proportional to the size of the total area of the specified premises (Part 1 of Article 37 of the Housing Code of the Russian Federation). The owners of premises in an apartment building own, use and, within the limits established by the Housing Code and civil legislation, dispose of the common property in an apartment building (Part 2 of Article 36 of the Housing Code). Another feature of the right of common ownership of the common part of an apartment building is that, unlike general rule() on the right of a participant in common shared ownership to allocate his share, the owner of a share in the right of common ownership of the common property of an apartment building does not have such a right to allocation. In this case, each apartment owner owns a share in the ownership of the common property, and not a real share in the material object.
A participant in common property does not have the right to alienate his share in the common property, abandon it in favor of individuals or legal entities, or perform other actions that entail the loss of his share in the common property, separately from the apartment owned by him. And this is natural, because the alienation or transfer for use of common property in an apartment building makes it impossible for other owners to exercise their right to this real estate. The share of each apartment owner in the common ownership right in an apartment building follows the fate of the ownership right to the apartment. When buying and selling an apartment, the share of the new apartment owner in the right of common ownership of common objects in an apartment building corresponds to the share of the previous owner.
The right of common shared ownership of common property belongs to the owners of premises in the building by force of law, regardless of its registration in the Unified State Register of Rights to Real Estate and Transactions with It. Disputes regarding the recognition of the right of common shared ownership of the common property of a building are considered in court, including in cases where an entry is made in the register about the right of individual ownership of the specified property.
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Article 290. Common property of apartment owners in an apartment building
1. The owners of apartments in an apartment building own, by right of common shared ownership, the common premises of the house, the supporting structures of the house, mechanical, electrical, sanitary and other equipment outside or inside the apartment that serves more than one apartment.
2. The owner of an apartment does not have the right to alienate his share in the right of ownership of the common property of a residential building, as well as to perform other actions entailing the transfer of this share separately from the right of ownership of the apartment
comm. Litovkin V.N.
1. Residential premises in Article 288, as well as in subsequent norms of this chapter, are understood as premises completed by construction and accepted in the prescribed manner for operation (see commentary to this chapter), subject to cadastral and technical registration (inventory). The unfinished construction of a residential building is not classified as real estate by law, and therefore the norms of the chapter do not apply to relations with such objects (at the same time, according to Article 455 of the Code (see commentary to paragraph 2 of Article 455) and the Decree of the President of the Russian Federation dated May 16, 1997 No. 485 “On guarantees to owners of real estate in the acquisition of ownership of land plots under these objects” - see commentary to Chapter 17 - unfinished construction objects are included in civil circulation as real estate).
GK following Privatization Law housing stock
recognized individually defined residential premises as real objects of property rights of copyright holders. In non-residential buildings, as well as in unfinished residential buildings, the property right to a part of a building (an unfinished residential building) is still expressed ideally (arithmetically) - 1/2, 1/3, 1/4, etc., without having, by law, a specific object of a part of the building (house) in nature as an object of property rights. This difference between residential and non-residential space (unfinished residential building) is of fundamental importance in law enforcement practice.
2. Residential premises and real rights to them are subject to state registration (see commentary to Art. , , ), as well as encumbrances (restrictions) on them and transactions with the named objects. The title documents for residential premises can be acts of state bodies and acts of self-government bodies, court decisions, contracts and other transactions. Thus, a condominium as a single complex of real estate, as well as rights to real estate in the condominium and transactions with it are subject to state registration with the provision of a home ownership passport compiled by the technical inventory bureau based on physical measurements and information from the competent authorities. The date of state registration of the emergence, restriction (encumbrance), transfer or termination of rights is the day of making the corresponding entries in the Unified State Register of Rights to Real Estate and Transactions with It.
A person who has not registered with the state registration authorities the right to a residential house, apartment, or room, respectively, is not recognized as a copyright holder. But it is not deprived of the opportunity to obtain state registration of real estate. A notarized transaction does not replace state registration. Legal ownership of the named objects arises from the moment of state registration.
3. The number of real rights to these real estate objects also includes properly formalized rights of economic management and the right of operational management, exercised by state and municipal legal entities (commentary art., and). The presence of a residential premises only on the balance sheet of a subject of property law does not serve in judicial and arbitration practice as a sufficient basis for recognizing it as a legal owner (Bulletin of the Supreme Arbitration Court of the Russian Federation, 1996, No. 10, p. 42).
In the common joint property of spouses, it does not matter in the name of which of the spouses the residential premises are registered (Article 34 Family Code). A family constitutes a stable community of persons who share living space for various legal reasons. The common ownership of family members in residential premises remains multi-subject. The family does not form any new collective independent single subject of the right to the occupied living space (see commentary to Chapter 16). Other family members who are not co-owners of the residential premises are only granted the right to use (see commentary to Article 292). If the family became another independent subject of rights and obligations, then each of its members would accordingly lose their legal personality or gain rights to the extent that the family would decide.
The right to use occupied residential premises by family members does not arise from an agreement with the owner, but solely on the basis of trusted family ties with the owner (co-owners) of the residential premises. This is a completely independent, although derivative, basis for the emergence of property rights, and not obligations, relations associated with the object of ownership - the owner (co-owners) and all other persons are obliged to refrain from actions that violate their rights to use living space (see comment. to paragraph 3 of Article 393). Although this right is not named in paragraph 1 of Article 216 among other real rights along with the right of ownership, it is precisely this nature that forms its real character. The list of real rights contained in Article 216 is not closed or exhaustive.
4. Possession, use and disposal - a triad of traditional powers for the owner (subject of real rights) - are exercised by him equally in relation to any of the above-mentioned objects of property rights (real rights), regardless of what form of ownership the dwelling belongs to. The owner does not lose the scope of his powers even if he merges with other owners of other premises in an apartment building into a homeowners’ association (see commentary to Article 291). Members of this partnership continue to exercise the powers of owners of premises located in private, state, municipal or other forms of ownership in accordance with the norms of civil law. A homeowners' association in its charter has the right to reasonably limit only the purposes of using non-residential premises in a condominium owned by its members, and only if this is related to the protection of the rights and interests of other members of the association (Article 42, see comment. to Article 246).
Law of the Russian Federation of December 24, 1992 “On the Fundamentals of Federal Housing Policy” (Article 6), specifying the legal possibilities of the owner, indicates, in particular, the possibility in this case to move from one form of ownership to another, rent, rent, pledge (see also comment. to Chapter 17), sell, modify, rebuild or demolish, perform other actions, if this does not violate the rules of law, housing, other rights and freedoms of other citizens, public interests (see commentary to Article 209).
Forced seizure of property from any owner is not allowed, except for the cases mentioned in Article 235 (see comments to the article). The Constitution (Article 35), enshrining guarantees of the protection of private property by law and the possibility of depriving property only by a court decision, extends them both to the sphere of civil law relations and to relations between the state and the individual in the public legal sphere (see resolution Constitutional Court of the Russian Federation of May 20, 1997 - Law of the Russian Federation, 1997, No. 21, Art. 2542). This chapter in Article 293 (see commentary) establishes a special case of forced alienation of the mismanagement of the contents of a residential premises.
A homeowners' association, without violating the rights of each of them, has the right to own its premises in buildings (condominiums), and in cases where this is not associated with a violation of the legally protected rights and interests of the members of the association, to provide for use or limited use (easement) objects of common property to any person or persons; build on, rebuild, with or without demolition, common property objects; receive or acquire ownership of land plots for housing construction, construction of utility and other buildings, carry out development on adjacent and allocated land plots; perform actions and enter into transactions that meet the goals and objectives of the partnership (Article 29 Homeowners' Association Law). The partnership is liable for its obligations with all its property and is not liable for the obligations of its members.
5. In the administrative activities of subjects of such property rights as the right of economic management and operational management, there are features that relate to all real estate objects, including housing stock, which is on the balance sheet of state and municipal legal entities (see commentary to paragraph 2 of Art. 295, clause 1 of article 297, clause 1 of article 298).
It should also be borne in mind the peculiarities of the disposal of departmental housing stock transferred to the economic management or operational management of the legal successors of state and municipal enterprises that have transferred as a result of their privatization to a different form of ownership, which is provided for by Law on privatization of housing stock(Article 18), or under the jurisdiction of local government bodies.
The norm of the law, which provided for the transfer of residential buildings to the economic management or operational management of non-state structures, came into conflict with the Civil Code (see commentary to Art., ,), since this kind of property rights do not belong to non-state structures (if the houses are transferred to them). The transfer of houses into temporary possession pending the complete delineation of federal and municipal property is possible only on contractual terms. See also Decree of the President of the Russian Federation of January 10, 1993. “On the use of social, cultural and communal facilities of privatized enterprises” - SA RF, 1993, No.3, Article 168.
6. A unified order of the local administration for the occupation of residential premises in residential buildings of all public forms of ownership (state, municipal), as well as public, introduced Housing Code(Article 47) and confirmed by the Law on the Fundamentals of Housing Policy (Article 13), pursuing the goal of monitoring the implementation of administrative activities of the subject of property rights and other property rights, came into conflict with the principles established by Article 1 of the Civil Code: inviolability of property, freedom of contract and the inadmissibility of arbitrary interference by anyone in private affairs in conditions of division of state property into federal property, property of the constituent entities of the Russian Federation and municipal property and the dissolution of public property. The refusal of local government to issue a warrant for the occupation of vacant residential premises under a social tenancy agreement in houses of federal state ownership or in houses owned by the right of state ownership to a constituent entity of the Russian Federation violates the will of the owner (his authorized representative) to conclude a social tenancy agreement for residential premises for social use with a citizen at the discretion of the parties.
By Introductory Law(Article 4) the norms of previously adopted legislation are valid insofar as they do not contradict the Civil Code until such legislation is brought into conformity with the Civil Code. Therefore, norms of the housing law that contradict the Civil Code should not be applied in the practice of local governments when occupying vacant residential premises in houses of federal state property, state property of constituent entities of the Russian Federation, and the action of a single order is possible only within the municipal housing stock.
Thus, orders should be introduced for the occupation of vacant residential premises in houses of the specified public forms of ownership, independently issued by the owner (his authorized representative) of these houses.
7. Each thing has its own nature, its own purpose, which objectively determines the natural, objective limit of the exercise of powers for its owner.
The purpose of residential premises is also recorded in the law (Civil Code and Housing Code), and individually defined residential premises - in the data of the technical inventory bureau. The owner does not have the right to arbitrarily change or cancel it. This is socially important for society. The purpose of a home in property relations, regulated in Article 288, turned out to be not identical to its purpose in rental relations, also regulated in the Civil Code (Article 673). In property relations, housing for its owner is functionally intended for living; in rental relations, housing for its tenant is a place permanent residence. In both respects, housing must meet the same goals. Both relationships take place simultaneously in the same property. However, in property relations the requirements for housing are reduced, and in rental relations they are increased.
The Housing Code (Article 7) came into conflict with the Civil Code, quite rightly establishing uniform increased requirements for housing - it must meet the requirements of permanent residence. The high level of requirements was at one time due to the introduction of the constitutional right to housing in 1977.
The inconsistency between parts of the first and second Civil Code arose as a result of their adoption at different times. It is obvious that the home should be structurally the same in both respects, regardless of how its owner or user actually uses it.
8. Residential premises - a place of residence (mainly) or a place of stay (to a lesser extent). Russian legislation differentiates the functional purpose of both. Both the Constitution (Article 27) and the Law of the Russian Federation of June 25, 1993. "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation."
According to the Civil Code (Article 20), the place of residence is recognized as the place where a citizen permanently or primarily resides. Lives as an owner, under a lease (sublease) agreement or on other grounds. Place of residence - where a citizen lives temporarily - a hotel, sanatorium, rest home, boarding house, camping and other similar institution, as well as residential premises that are not the citizen’s place of residence. Registration of persons at the place of stay in residential premises that are not their place of residence is carried out, as a rule, for a period of up to 6 months.
Accommodation is compatible with professional activities at home for persons of creative professions (writers, artists, musicians, etc.) without changes functional purpose housing. Living space should not be multifunctional.
In rural areas, residential buildings are recognized that are combined with industrial and other economic buildings and structures in accordance with the intended purpose of the land and management of the economy.
But the residence of the owner and members of his family or those to whom the residential premises have been transferred for living under a contract is incompatible with the placement of commercial and non-profit organizations in it (for example, a joint-stock company, party headquarters, etc.). It is not allowed to use vacant residential premises purchased specifically for these purposes (house of worship, etc.) for purposes other than residence. Both according to the Civil Code and the Housing Code this is assessed as a gross violation of the law. If there is an intention to use housing for this kind of purpose, it must first be converted and converted into its opposite - non-residential premises. The procedure and conditions for such a transfer are established in the Housing Code (Articles 8, 9).
The actual use of residential premises for other purposes is not permitted, as is the conversion of an area suitable for permanent residence to non-residential use.
Conversion of residential premises to non-residential premises is permitted:
1) if the housing is unsuitable for permanent residence, and such defects cannot be eliminated technically and sanitarily or their elimination is not economically feasible;
2) if the residential premises are in a state of emergency or under the influence of factors that are particularly dangerous to the life and health of people;
3) if a residential building is subject to demolition or transfer to another land plot for the period before the actual demolition or transfer, starting with the release of the residential building from the citizens living in it.
9. The use of non-residential premises located in residential buildings intended for trade, production, office, and household needs of a non-industrial nature must not violate the Rules for the use of residential premises and the maintenance of a residential building and local area (SP RSFSR, 1986, No. 2, Art. 10), cause harm to residents and operation of the house and land. The Civil Code, following the Housing Code (Article 7), prohibited the placement of industrial production in residential buildings.
A residential building can be multifunctional if it is classified by the Law on Housing Policy as specialized (living rooms or apartments in special residential buildings for single elderly people, in boarding homes for the disabled, veterans), where social and medical services for residents are organized on a permanent basis. But the specialized housing stock (dormitories, flexible housing stock) has been moved beyond the boundaries of the main housing stock. Therefore, specialized residential premises in it may, in some cases, have reduced sanitary, technical and other consumer characteristics and standards.
In the main housing stock, an apartment or living room cannot be multifunctional. A premise is recognized as residential if it is structurally, functionally designed and, in terms of sanitary, technical and other consumer conditions, suitable for permanent residence of citizens. Residential premises must satisfy healthy and safe living, meet sanitary standards and requirements for space, daylighting, safety, water supply, sewerage, constant heating, ventilation and other conditions that ensure normal, healthy living for people.
In every locality urban or rural type, a certain average level of engineering improvement of the housing stock has been achieved (energy, water, heat, gas supply, drainage, evacuation of household waste, etc.). Residential premises that do not meet consumer standards and requirements or are not equipped with all types of engineering improvements achieved in a given locality on average are, in accordance with the established procedure, recognized as unsuitable for permanent residence and are subject to transfer to non-residential if it cannot be restored as residential or accept other measures (see clause 8). The absence of certain types of engineering improvement, achieved on average in a given locality, transfers the occupied premises to the number of inferior ones.
10. An apartment as an object of property rights (Article 289) consists of one or more living rooms, functionally connected by the common areas of the apartment and communication with the common areas of a residential building, a street, a yard, and a local plot of land. Its layout and parameters are recorded in the floor plan and apartment-by-apartment explication to the floor plan of a residential building, which have legal significance.
Consumer properties of residential premises recorded in its technical passport, derived from its functional purpose. Housing law contains sanitary and technical standards and requirements of a social nature for the operation of the housing stock, compliance with which ensures the maintenance of the consumer properties of the home and increases the level of engineering improvement. This is also facilitated by compliance with the rules for the use of residential premises and adjacent land. The loss of consumer properties and qualities of housing leads to the loss of the residential premises’ purpose or its inferiority.
In order for the housing stock to include residential cells that meet the high requirements for housing, a certain procedure has been established for the acceptance into operation of completed new residential buildings, designed to exclude the acceptance of houses with imperfections and defects. The same applies to houses after reconstruction or major repairs.
11. Objects of common property in a multi-apartment residential building are considered to be common building engineering equipment located outside the apartments, common building load-bearing and non-load-bearing structures of the residential building, and common areas.
The text of Article 290 does not name the adjacent land plot as the common property of the owners of apartments in an apartment building. It, as well as pedestrian and transport roads, swimming pools, ponds, perennial green spaces, landscaping elements and other ancillary facilities (garages, etc.), united by a common land plot and infrastructure elements, was called the Law on Homeowners' Associations (Art. 5.7). The specified objects, including the house, are defined by this Law as a condominium (see commentary to Chapter 17 and Article 291). The adjacent land plot and other common property may be encumbered with the right of limited use (easement) by other persons (Clause 5 of Article 8 of the Law on Homeowners' Associations).
The apartment also contains engineering equipment that serves several apartments (gas, water supply, sewerage networks), which the law classifies as the common property of a residential building. In a communal apartment, where the object of ownership is an isolated (non-passable, non-passable) living room, common areas belong to the common property of all subjects of ownership of the living rooms of this apartment. Engineering equipment serving several communal apartments constitutes the common property of their owners. Property relations in a communal apartment are not specifically regulated by the provisions of this chapter. Norms Art. and 290 on an apartment as an object of ownership and on the common property of apartment owners in an apartment building can be applied to these relations by analogy with the law.
The common property in both an apartment building and a communal apartment is in common shared ownership, respectively, of the owners of apartments in the apartment building (Article 291) and the owners of living rooms in the communal apartment. The share of the new owner in the right of common ownership of such property is equal to the share of the previous one.
By Homeowners' Association Law in a condominium, the share of each apartment owner in the ownership of the common property is proportional to the share of the premises owned by him, measured in sq.m. In a partnership, a different principle for determining the share may be established, but this requires a decision of the general meeting of owners of the premises (homeowners), adopted in the manner prescribed by law (see.
