The Housing Code of the Russian Federation is one of the most important regulatory acts in the country. It defines the key provisions relating to immovable objects, the rules for their operation. It clearly defines the concept, signs and types of residential premises .
Object Overview
The living space is an isolated area acting as real estate. It must comply with certain requirements provided by law. The room, in particular, should be suitable for permanent residence.
Isolation
All types of residential premises are united by a number of characteristics. The first of these is isolation. It suggests that one living space should be separated from another, and also delimited from other space. Isolated objects can be represented as a structure or part of it. At the same time, its characteristics should allow to distinguish (legal separation) from other objects. In accordance with this provision, the room in the apartment that is not isolated from other space does not belong to the category in question. It will be a single part with the rest of the area of a particular object. Accordingly, such a part cannot be acquired or disposed of separately.
Assignment to the category of real estate
This is the second characteristic that distinguishes a living room. The definition of real estate is recorded in the Civil Code. According to Art. 130 (p. 1), such objects include subsurface sites, land, water bodies of a separate type, as well as everything that has a strong connection with the territory in which they are located. Real estate cannot be moved without disproportionate damage to the destination. Accordingly, isolated premises are considered residential, the movement of which to another place is impossible.
Rights Objects
They are all types of residential premises that meet established requirements. The legislation provides a certain list of sanitary, technical standards, safety rules, which must be considered by the objects in question. The procedure for classifying a specific area as a living space is established by the Government.
Primary requirements
They reproduce the key features of residential premises. First of all, space must be isolated. The Housing Code of the Russian Federation recognizes an object as separate if it contains a separate entrance from similar areas. Along with this, requirements are made regarding the size of the space. Its area is the sum of the areas of all its parts. The calculation includes, inter alia, auxiliary facilities. They are used by citizens to meet their household needs. The exception is terraces, balconies, loggias, verandas. The next requirement is ownership of immovable objects.
Suitability for living
When determining the requirements for the objects under consideration, you should refer to the instructions of the Regulation approved by government Decree No. 522 of September 4. 2003. The following premises are recognized as unsuitable for living:
- Being in emergency or dilapidated condition.
- In which the negative (dangerous) impact of external factors is established.
Technical conditions and criteria by which facilities are considered emergency or shabby are approved by the State Committee for Housing and Public Utilities and Construction. The signs of classifying premises as unsuitable for living due to the harmful effects of environmental factors are determined by state sanitary and epidemiological standards and rules.
Interagency Commission
It is formed to address issues relating to the classification of residential premises as unsuitable for their intended use. The interdepartmental commission is created by the structures of the executive regional authority. These bodies, taking into account the peculiarities of the location of municipalities and in agreement with local self-government institutions, are entitled to form working groups. When creating them, territorial disunity, population density, the state of the housing stock and other factors are taken into account. Working groups operate within one or several municipalities. They are authorized to check all types of residential premises in the city and the village , structures, buildings, the characteristics of which give reason to classify them as dilapidated or emergency, and also indicate the negative impact of environmental factors.
Classification
The list of objects of rights is provided for in art. 16 LCD RF . Classification is based on certain characteristics. In particular, the degree of isolation of an object is taken into account. The specified norm provides for the following types of premises :
- The structure or part thereof. It can be multi-storey, multi-family, and so on.
- The apartment or part of it. It may have a different number of isolated areas.
- Room.
Specifications
An individual-defined building acts as a residential building. It consists of isolated areas, auxiliary spaces used to satisfy household and other needs of citizens. The latter, in particular, are corridors, bathrooms, closets, bathrooms, etc. The individual certainty of a building means that it must be registered in the manner prescribed by law, have a numbering, and other attributes that make it possible to identify the building among other structures. An apartment building in itself is not considered a residential building. This is due to the fact that it contains different elements. Some of them can be attributed to residential premises, and some - not. However, in aggregate they constitute an immovable object. The apartment is a structurally separate room. At the same time, it provides the possibility of access to common areas. The last, for example, may be landings. In addition, the exit from the apartment should provide access to auxiliary facilities. Their types are listed above. Room - part of an apartment or building. It is used as a place of direct residence of citizens. In order for this square to be officially recognized as a residential part of the apartment , it is necessary to isolate it.
Socio-economic status
In accordance with this criterion, one or another class of a residential building is established. For example, social facilities are designed to be operated by the least affluent. They are provided to the public free of charge. The total share of such facilities in the housing stock is about 10-15%. These structures are designed with the number of storeys established by the general plan.
The second category is commercial homes. Depending on the price of space, they are divided conditionally into luxury, luxury, business and economy. The smallest share of commercial construction is made up of "A" class houses. They are designed in relatively small dimensions. On average, these structures consist of 20-40 apartments. Floor plans are selected the most comfortable and common, garages are built into the lower levels, a closed service system, security service are created. In buildings of the “B” class, up to 80 apartments can be provided. As a rule, a wall (frameless) construction system is used. Economy and business class facilities are designed as multi-unit. They can include up to 500 isolated areas.
In addition to differences in the cost and number of apartments, the difference between the structures of a commercial building is determined by the conditions of their placement. For example, the buildings of "A" and "B" categories, due to their small size and relatively small dimensions, are located in the central part of settlements, on small land plots. Territories for them are freed after the demolition of dilapidated structures or enterprises that have gone out of industrial circulation. The construction of economy and business class buildings is carried out mainly on the outskirts. Under them, prestigious land plots with convenient transport interchanges, good ecology, and developed infrastructure are selected.
Other types
Types of premises are divided by ownership. So, they may belong to citizens and legal entities, the state or the municipality. Regardless of what type of art. 16 LC RF refers to the facility, authorized executive authorities, in accordance with federal and other legal acts, monitor its safety. These structures verify that the area is in compliance with established requirements.
Exploitation
Determining the types of premises and their purpose , the legislation establishes a number of requirements regarding the use of objects. The operation of the premises is carried out taking into account:
- Fire safety requirements.
- Respect for the legitimate interests and rights of neighbors.
- Environmental, hygiene requirements.
- Rules approved by the Government.
The key purpose of the objects under consideration is the residence of citizens.
Responsibility
If a citizen operates a residential building in violation of established requirements, norms and rules, violates the interests of others, mismanages the property, allows destruction or damage to it, the owner and other interested parties can warn him about the consequences of such behavior. However, they may indicate to him the need to stop such actions. If the behavior of a person entails the destruction of the premises, the owner may appoint a reasonable time for the perpetrator to carry out repairs. If a citizen continues unlawful actions, he can be evicted in accordance with a court decision. Upon termination of the right to use the premises on the grounds provided for in the law, contract or resolution of the authorized instance, the subject is obliged to vacate the area. If he does not, he is subject to forced eviction.
Opportunities and Prohibitions
As mentioned above, the living room is used for direct living. The exception is cases when an object is operated for professional or entrepreneurial (individual) activities. This possibility provides for article 17 of the LCD. To carry out professional / entrepreneurial activities, the object can be used by citizens to whom it belongs legally. At the same time, the use of residential premises for these purposes is allowed if it does not harm the interests and rights of other persons. The implementation of professional / entrepreneurial activities should not pose a threat to the health of citizens, violate the requirements for the maintenance of the facility. The legislation prohibits the placement of industrial production in residential premises.