In Art. 36 LCD RF established a list of objects related to the common property of owners of areas of an apartment building. The norm determines the procedure for their use and disposal. Consider this topic in detail.
Housing Code of the Russian Federation: Art. 36
Ownership of the common property of an apartment building belongs to the owners of apartments in this building. It includes:
- Areas that are not included in the apartments and are used to service more than one room in the house. These include stairs, inter-apartment areas, elevators, corridors, basements, technical floors, attics, in which there are utilities, and other equipment.
- Other areas in the house that are not owned by individual owners and are intended to meet social needs. These include facilities for organizing cultural development, leisure, children's creativity, sports and physical education, and so on.
- Roofs, enclosing structures, sanitary, electrical, mechanical and other equipment that is in the house.
- The land within which the building is located, with elements of improvement, landscaping and other objects. Allotment boundaries are determined in accordance with the requirements of the Land Code and the Town Planning Code.
The order of use and disposal
It is determined by paragraph 2 of Art. 36 LCD RF. In accordance with the norm, the subjects to which the apartments in the house belong, carry out the possession and use of common property, and also dispose of it within the limits defined by the Code. Reducing its size is allowed with the consent of all residents through reconstruction. This provision is defined in paragraph 3 of Art. 36 LCD RF. Common objects may be transferred for use to other persons, if this does not infringe on the interests and rights of legal entities and citizens. The decision is made by the owners at the general meeting.
Land plot
I put on which the apartment building is located , in accordance with paragraph five of Art. 36 LCD RF cannot be burdened by limited use by other persons. In practice, it may be necessary to provide third-party access to facilities that existed prior to the introduction of the Code.
In such cases, Art. 36 LCD RF does not allow a ban on encumbrance of the site. The new restriction is established by agreement between the entity requiring it and the owners of the apartments in the house. Disputes regarding the encumbrance of the site, including its conditions, are resolved in court.
Important point
In accordance with Art. 36 LCD RF, in case of destruction, accidental death, demolition of an apartment building, the owners of the premises retain a share in the site on which the structure is located, with landscaping elements, green spaces, as well as other objects intended for the operation and maintenance of the house. They are determined in proportion to parts of the total property. Subjects can use, own and dispose of objects according to the rules established in the Civil Code.
Art. 36 LCD RF with comments
The rule under consideration regulates relations relating to the ownership of common property in an apartment building, the premises of which belong to different entities, including public entities. Issues relating to this area are regulated equally in all structures of this type. Moreover, the nature of the application of the rules does not depend on the number of owners of premises in the building, the presence / absence of an HOA or other organization.
Definitions
Key concepts are established in the Regulation. Paragraph 6 of this document provides for the rules for recognizing premises as unfit for living, as well as for an apartment building subject to demolition due to accident rate. The regulation was approved by Government Decision No. 47.
In accordance with the indicated paragraph, a set of 2 or more apartments with equipped separate exits acts as an apartment building. This Regulation may apply both to the land plot adjacent to the structure, and to the common area. The building contains objects of common property of apartment owners in accordance with the law.
List of objects
It is advisable to consider Art. 36 LCD RF with comments from the Rules for the maintenance of property of an apartment building. They have a more complete list of objects. In accordance with the Rules for the property specified in part 1 of article 36 LCD RF, include premises that are not included in the composition of the apartments and are necessary for maintenance / general use. This category includes:
- elevators;
- corridors;
- elevator and other mines;
- stairs and inter-apartment areas;
- attics;
- Wheelchair
- technical floors (including those built at the expense of the owners); platforms for vehicles and garages, workshops, and those. basements.
In these premises, according to paragraph 1 of Art. 36 LCD RF, engineering communications, other equipment must be present, with the help of which more than one non-residential / residential area in the house is serviced. The latter, in particular, include elevator, boiler units, boiler rooms and so on.
The common property also includes:
- Roofs.
- The supporting designs of the bearing type. Among them, among other things, foundations, walls, columns, floor slabs, balconies and so on.
- Buildings of non-bearing type. These include, in particular, the doors and windows of common areas, parapets, railings and more.
- Sanitary, mechanical, electrical and other equipment located in the house outside or inside the premises, with the help of which more than one residential / non-residential area is serviced.
- The plot within which the building is located, with elements of improvement and green spaces.
- Other facilities used to ensure the operation and maintenance of the apartment building, including heating units, transformer substations, sports and playgrounds in the adjacent territory.
Additionally
The common property also includes engineering intra-house hot and cold water supply systems, gas networks, including:
- Risers and branches from them to the first disconnecting equipment.
- Collective metering devices.
- The first shut-off and control valves at the taps of in-house wiring.
- Plumbing, electrical, mechanical and other equipment.
General use is carried out by electric networks consisting of:
- Input distribution cabinets and devices.
- Protective, control equipment, control devices.
- Lighting installations in common areas.
- Floor cabinets and shields.
- Collective metering devices.
- Installations of smoke removal systems, fire alarms, including internal water supply, passenger and freight elevators.
- Automatic locking devices for access doors.
- Networks from the external border to individual metering devices.
- Other electrical equipment.
The specifics of the use of the site
As part of the common property is an allotment within which the house is located, with elements of improvement and green spaces. Meanwhile, the boundaries of the plots in some cases may not be established. According to paragraph two of Art. 36 Housing Code of the Russian Federation allotments within which there are structures included in the common property, as well as residential buildings and other buildings are provided in shared ownership on the conditions and in the manner specified by law.
In Art. 16 of the Introductory Act provides that in the existing building the land on which the facilities are located is the property of the owners of the apartments. He put on with the buildings, structures, constructions, elements of landscaping and landscaping located on it, formed before the ZhK was put into operation, and with respect to which cadastral registration was carried out, it transfers to shared ownership free of charge. If the boundaries are not set, any owner of the apartment in the house can contact the local government with a statement on their determination.
Cadastral registration
From the moment of making an entry in the register, a land plot acquires the status of an immovable object and is included in the composition of common property. The allotment passes free of charge into shared ownership of apartment owners from the moment it is registered with the cadastre. Reconstructed or newly built houses are put into operation when forming the plots on which they are located. In this case, the allotment is immediately included in the common property. According to paragraph 7 of Government Decision No. 491, state and municipal authorities ensure the registration of land plots without levying payments from apartment owners.
Encumbrances
Land within the boundaries of which are multi-apartment buildings are used not only by the owners, but also by other persons. In this regard, fences and development of the territory that impede passage / passage may lead to a violation of the interests of third-party organizations and citizens. Such areas may include green spaces, playgrounds, driveways, and other objects that are used by an unlimited number of entities.
Territories may be burdened with easement. The restrictions that existed before the introduction of the housing estate do not stop with the transfer of ownership of the land. If they are established after the entry into force of the legislation, then their conditions are determined by agreement. It is between the owners of the premises of the house and the entity requiring encumbrance for the site. In case of failure to reach an agreement, the dispute shall be resolved in court.
Ownership specifics
As follows from Art. 36 LCD RF, shares of common property belong to the owners of apartments. The structure of the house stands out 2 parts. One is the property of public entities, citizens and organizations, the other is shared property owned by the owners of the apartments. The latter is indivisible. The owners of the apartments do not own the attic, basement, land and other facilities, as well as equipment separately. They act as owners of all common property in the aggregate.
Changing the composition of objects
The common property of the house cannot be alienated. It does not participate in turnover as an independent object. Separate elements of property are not subject to alienation. They do not act as independent objects of law. Some elements can join the premises during the reconstruction (part 3 of article 36 of the LC RF). For example, part of the attic can complement the living room. In this case, the area of the latter increases. During reconstruction in such a situation a new object is formed. The apartment acquires a large area, and the size of the attic, respectively, decreases. Due to the fact that these actions affect common property, the consent of the owners of other premises is required. Art. Art. 36, 44, 46 LCD of the Russian Federation. The last two norms establish the procedure for holding meetings of owners of premises. After obtaining consent from other owners of the apartments, reconstruction can be carried out.
Transfer of facilities to third parties
It is also carried out according to the rules of Art. 36, 44 LCD RF at the general meeting. The decision on issues is taken by the majority of the total number of persons participating in the meeting. The exception is the cases specified in clause 1.1 of part two of article 44. It should be borne in mind that not all objects, due to their functional features, can be transferred to third parties, even for use. These, in particular, include inter-apartment areas, elevators, corridors, plumbing, mechanical, electrical and other equipment and other parts, the provision of which to other entities will impede the realization of the rights of apartment owners in the house.
Objects, the operation of which by third parties does not violate the interests of the owners of the premises, may be transferred by the latter to use. For example, it can be a basement. Moreover, it cannot stand out as an independent object of ownership. Parts of the property cannot be assigned a cadastral number. In relation to her, it is impossible to carry out state registration. This is due to the indivisibility of the common property.
Financial provision
The owners of the premises of an apartment building can form a special monetary fund (Article 36.1 of the LC RF). The funds from it are intended for the overhaul of common property. Money is transferred to a special account opened with a credit institution. This fund is formed from contributions of owners for major repairs, penalties paid in connection with improper fulfillment of obligations for the deduction of mandatory amounts, as well as from interest accrued by the credit structure for the use of funds. Financial management can be transferred to the HOA or other service organization. It should be noted that these funds have a special purpose and cannot be spent in other than established directions.