Modern construction is one of the most popular areas of activity. The main directions of this area are the construction of both commercial and industrial facilities, as well as residential apartment buildings (hereinafter - MKD). The latter are especially popular in large cities with a population of more than 500 thousand people. Not everyone understands exactly what an apartment building is. This article will help to understand what this concept means, in what its features and how MCD differs from other construction objects.
MKD: a transcript of the term
There are several definitions of this concept. Most often, the term "MKD" refers to a combination of several apartments that have access to a common area or directly to a land plot adjacent to the house. In other words, a dwelling with elements of common property of the owners of the premises - this is MKD. The interpretation of this concept is simple, the main thing is to understand that an apartment building does not have one owner (or "owner"), apartments and non-residential premises usually belong to different entities - legal entities, citizens or even the state.
MKD and a residential building are the same thing?
Many put an equal sign between the concepts of "residential building" and "MKD". The decoding of the first term is clearly given in Article 16 of the GKRF. According to the code, a residential building is considered an individually defined building, consisting of rooms and non-residential premises for auxiliary use to satisfy domestic needs.
The main differences between a residential building and an apartment building are determined by several criteria:
- the presence of the owner;
- components of a residential building;
- residential building management bodies;
- the presence of shared ownership of common property.
According to the first criterion, a residential building differs from an apartment building precisely by the presence of one owner, that is, the building itself is considered the object of the property right. In other words, a house can be in shared ownership of one or several owners.
Houses differ from each other in terms of the components of a residential building: rooms in a residential building, apartments - in the MKD. The interpretation of these concepts is also given in the civil code. A room is a part of a residential building or apartment, the place in which it is intended for direct residence.
In addition, in a residential building there is no shared ownership, in MKD - there is. As for the issues of managing a residential building, in the first case they are decided by the owner, and in MKD - by the meeting.
The attribution of the house to one or another category is a very serious question. More recently, the Russian government took a number of actions to restore order in the field of urban development, and many MKD were demolished, since they were built on sites for individual housing construction.
Of course, for the most part this affected residential buildings with a total area of more than 1,500 sq.m. and number of storeys more than three. But in any case, each construction project must meet the special requirements for providing electricity, water supply, drainage, etc.
Key questions regarding MKD
The owners of the MKD are often not always aware of the problems regarding the common property of the building and the creation of an HOA. This is understandable, because at the moment there are a number of still unresolved issues on this issue.
Not everyone knows what is meant by the common property of the owners of the premises. Suitable for this category:
- common areas of MKD (corridors, attics, basements, mines, etc.);
- enclosing load-bearing and non-bearing structures of the MKD (foundation, slabs, columns, etc.);
- roof;
- electrical, mechanical and other equipment that serves MKD;
- land plot where the house is located.
The composition of the common property is determined and approved at the general meeting of owners. In the event that tenants have created an HOA to organize the management of the building, the house itself remains in the shared ownership of the owners.
Overhaul of common property in MKD
In 2014, completely new approaches to the legal regulation of relations entered into force. Recently, owners have been required to pay a contribution to overhaul the common property of the house. That is, the overhaul of the MKD will become an obligatory measure. At least, supporters of the proposed reform say so. In their opinion, the money paid by residents will launch the so-called collective investment mechanism. This system will allow the housing and communal services market to develop in the right direction, and the repair itself will be carried out under more stringent control.
What you need to know about the regional system of major repairs of MKD?
These programs should be adopted in the regions of Russia for a sufficiently long period - from 20 to 30 years. But do not forget that this issue will be reviewed every year with the aim of adding new or excluding old objects.
The cost of overhaul of the common property in MKD will be financed by a special fund and other sources. It is possible to create a fund in a separate account or in the account of a regional operator.
Speaking about an apartment building, it is important to understand: all issues that concern residents, whether major repairs or joining HOAs, should be discussed at a general meeting of owners. Only thanks to the unanimous majority can any problem regarding MKD be resolved.