One of the key rights in a modern democratic society is the right to ownership of housing. Domestic legislation secures it, ensures its protection and guarantees the creation of conditions for its implementation. The main law on the rights of the owner of a dwelling is the RF LCD. General issues regarding the legal status of objects and entities are regulated by the Civil Code. Next, we consider what rights a landlord has.
Subjects
In accordance with Article 212 of the Civil Code, the following may act as owners of residential premises:
- physical person;
- Organization
- state;
- municipalities;
- Foreign citizens;
- international organizations.
Legal opportunities of subjects
The legislation enshrines three rights of the owner of a dwelling:
- Possession.
- Use.
- Order.
These are the basic legal possibilities of the person from which all the others follow. The rights of owners and tenants of residential premises differ in that the latter have no right to dispose of the property.
In addition, the Code provides the following rights:
- For the provision of residential premises to individuals on the basis of a lease.
- To transfer the object for rent to legal entities (subject to the requirements enshrined in the Civil Code and LCD).
- To provide residential real estate for free use.
The legislation establishes certain restrictions on the rights of the owner of a dwelling. For example, the norms prohibit the placement of industrial and industrial facilities in it. The use of premises for conducting entrepreneurial activity is allowed, according to Article 288 of the Civil Code, after its inclusion in a non-residential fund.
For the owner to acquire rights to a dwelling, it must be suitable for living, that is, it must comply with all sanitary, fire and other standards.
Apartment buildings
The law enshrines various rights of owners of residential premises in apartment buildings. In particular, these persons may use premises that are not part of the apartments in which they live. These include:
- Elevators, elevator shafts, stairs, apartment areas, corridors.
- Basements, attics, technical floors.
- Roofs, protections (not bearing and bearing).
- Land (house territory) with landscaping facilities located on it.
Nuances
The right to use the premises of homeowners implies the use of rights, dispositions and ownership of common property. To increase or decrease its volume, the consent of all legal owners of apartments in MKD is necessary. A similar requirement should be met in case of transfer of public facilities into operation to third parties. To obtain the consent of the owners, a general meeting is organized.
Transfer of common property for use to third parties is allowed, if this does not entail a violation of the rights of owners of residential premises. For example, the transfer of the basement for use to a person who plans to equip a store in it is unacceptable. Otherwise, access to engineering systems may be difficult.
Features of the local area
The size and boundaries of the site are set in accordance with the rules enshrined in urban planning and land legislation. House territory, as an object of real estate, inseparable from MKD, may be encumbered with the right of limited use by third parties.
New encumbrances may be established only in accordance with the agreement of all legal owners of apartments with the subject requiring them. All disputes arising on this issue are resolved in court.
Responsibilities of homeowners
The rights and legal capabilities of legal owners of residential real estate are closely related to each other. One of the most important duties is the maintenance of the premises in good condition. Fulfillment of it involves ensuring the safety of the facility through repairs, including overhaul.
Domestic legislation provides for the right of the owner of a dwelling to place the burden of maintenance on another person, including a legal one, as well as on the state or municipality. The basis for this may be a federal law or an agreement on the provision of an object for temporary possession or use. It should, however, be taken into account that a lease agreement imposing a burden on the maintenance of the premises does not exclude the liability of the rightful owner for failure to fulfill his obligations.
Common property
The law provides the owners of premises in the MKD with the obligation to maintain common property. Each entity bears expenses in the amount corresponding to the share belonging to him. A similar rule applies to rooms - parts of a communal apartment.
Prohibitions and restrictions
The owner of the premises has the right to dispose and use the property at his discretion. However, his actions should not infringe on the interests of others. Other persons, in particular, are understood as neighbors. Otherwise, other owners of premises have the right to sue.
The legislation does not allow the operation of the facility for other purposes. In case of violation of this regulation, the owner will lose the right to use the premises. Damage arising from improper operation of an immovable object entails liability in accordance with applicable law.
Taxation
When exercising their housing rights, the owner of the premises is required to deduct property tax. In addition, in case of transferring an object for rent, he is obliged to pay income tax on f. 3-personal income tax. It should be said that in order to fulfill this requirement, registration of an IP or registration of another form of activity is not necessary.
Testamentary denial
The rights of the owner of a dwelling also include the ability to determine the fate of his property. For this, the subject makes a will. Moreover, the law provides for the right to use the object by testament. The subject possessing it, is able to register the right to use.
A competent person living in a room obtained by testament is jointly and severally liable with the owner for all obligations.
The emergence of property
The rights to a dwelling arise with the subjects for various reasons. An object may be transferred to a person as a result of donation, inheritance, under a contract of sale, exchange, etc. Transactions with real estate must be completed in strict accordance with the law.
The Civil Code establishes the requirement for mandatory state registration of actions with objects. The procedure for processing transactions is regulated by the norms of 122-FZ. Based on the results of state registration, the applicant receives a document of a unified form confirming the rights to a dwelling.
The family of the landlord
The rights of family members of the legal owner of the home and their duties are covered in article 31 of the LC.
The owner’s family, as a rule, lives with him. Accordingly, along with the rightful owner, his relatives are jointly and severally liable for all obligations. And what about the legal capabilities of relatives of the owner of a dwelling? The rights of family members are secured, as mentioned above, in Art. 31 LCD, as well as in Art. 292 Civil Code.
These entities include children, parents, spouse. The law allows for the recognition as family members of other relatives and disabled dependents. For this, these persons must be instilled by the owner himself into the dwelling as family members.
Upon termination of family relations with the legal owner of the home, the right to use the property with a former relative ceases. An exception is provided for minor children. The owner and former relative, however, are entitled to conclude an agreement on the basis of which the right to use the latter will be retained.
In practice, it is not uncommon for a former family member to have no reason or opportunity to purchase another property. In such situations, the right to use the owner’s premises is retained by a court decision. In this case, the court has the right to determine a specific period after which the right will be terminated.
The legislation provides guarantees for a former relative in whose favor the owner is entrusted with maintenance obligations. The court has the right to oblige the legal owner to provide the specified person with other residential premises in return for the payment of alimony.
Land acquisition for municipal or state needs
Provisions of Article 32 of the LC provide protection of the rights of persons from whom the land plot on which the premises are located was seized. In such situations, the object may be redeemed from the subject. If it is necessary to remove part of the allotment, the redemption of part of the premises is possible only with the consent of the legal owner. The acquisition may be made by a state, a constituent entity of the Russian Federation or a municipality, depending on whose particular needs the transaction is being concluded.
A decision can be made by a state authority or local government. The procedure for the adoption and execution of the relevant act is fixed by federal legislation. The decision is subject to state registration. The authorized structure is obliged to notify the legal owner of the premises of the decision made one year before the seizure. The notice is sent in writing. The notification should indicate the date of state registration of the decision. Redemption of premises before the expiration of 1 year from the date of receipt of the notice is allowed only with the consent of the owner.
The legal owner from the day of state registration of the decision on the seizure has the right to own, dispose of, use the object at his own discretion, to carry out the expenses necessary to ensure the use of housing for its intended purpose. At the same time, the owner may be required to compensate for losses and expenses associated with investments made by him during the specified period, if they significantly increase the value of the seized object.
The repurchase conditions, terms, and also the cost of the premises are established in agreement with the rightful owner. The document should spell out the obligation of the state, constituent entity of the Russian Federation or municipality to pay the redemption value in full at the appointed time.
The redemption price includes:
- The market value of the property.
- Losses incurred by the owner as a result of the seizure of the property. These include, among other things, the expenses of the rightful owner, incurred by him when changing his place of residence, temporary use of another premises until the acquisition of housing (if the agreement does not provide for the preservation of the right to use until the purchase of new real estate), moving, searching for premises, registration of rights to new housing, early termination of obligations to other persons, etc.
By agreement with the owner, other real estate may be provided to him in exchange for the property withdrawn with offset of its price at the redemption value.
In case of disagreement of a person with a decision on the seizure of an object from his property or upon failure to reach an agreement with him on the redemption value or other conditions for the seizure, the state authority (local government) may appeal to the court. The corresponding claim must be filed before the expiration of 2 years from the date of receipt by the owner of the notice.
Emergency houses
In the event that the authorized body of state power (local government) recognizes a residential multi-apartment building as an emergency building, it is subject to demolition or reconstruction. The specified body has the right to present to the owners of premises in such MKD the requirement for demolition or reconstruction. If, within the established timeframe, the entities have not fulfilled this requirement, the site on which the emergency facility is located is withdrawn for state (municipal) needs. Accordingly, all premises located in MKD are subject to seizure, except those that are the property of the municipality.
If, in relation to the site on which the emergency residential building is located, a decision has been made to develop the territory, the body that issued such an act must present to the owners a request for demolition or reconstruction of the facility, and also establish a period of at least 6 months. to apply for a building permit, reconstruction or demolition. If this requirement is not met, the land allotment, as well as the living quarters in the emergency building, must be withdrawn for municipal needs.
Eviction
The right to use the premises may be terminated on the grounds provided for in the legislation or the contract, as well as by a court decision. When they occur, the person is obliged to vacate the premises. If the subject within the time specified by the owner of the object has not stopped using it, he will be forcibly evicted by court order.
If a citizen who uses the premises in accordance with a court decision made in accordance with paragraph 4. 31 of the article of the Housing Code or by testament, uses it for other purposes, regularly infringes on the interests and violates the rights of neighbors, manages the real estate, allows its destruction, then the owner can warn him (in writing or verbally) about the need to eliminate the violations. In the event that the person’s actions entail the destruction of the premises, the legal owner of the facility has the right to establish a reasonable period for repair. Damage is repaired by the intruder at his expense.
If, after a warning to the rightful owner, the user continues to commit violations of the rights of neighbors, infringe on their interests, operate the facility for other purposes, or does not carry out repairs for no good reason, it must be evicted in accordance with a court decision.
Conclusion
Ownership of housing is an integral element of the complex of civil rights. Current legislation protects this right from attacks by third parties. No one may be deprived of his home, except on the grounds fixed by the rules.
Homeowners have a fairly large amount of rights. They can use, own, dispose of property legally owned by them. The ownership of the object is established during state registration of law. This procedure is mandatory. Any legal action with housing must be recorded.
In exercising their rights, each owner must also remember his obligations. Use of the premises should be carried out strictly in accordance with its purpose. Moreover, the operation of the facility should not violate the interests of others. Among the obligations of the owner and those living with him, is included ensuring the proper condition of the premises. This means that entities must timely carry out repairs, pay utility bills.
Another duty is the timely deduction of taxes. All owners pay property tax. In addition, the Tax Code establishes the obligation to deduct payments from income if the owner has leased the premises.
Legislation also establishes liability for non-compliance with regulations. In the event of a gross violation of the requirements, a person may lose his rights to a dwelling.