Despite the fact that the authorities of the Russian Federation have long taken a course towards resettlement, the concept of “communal apartment” still exists. It turned out to be extremely tenacious, surviving its creator - the Soviet system, for more than twenty years.
According to forecasts, even the richest Moscow will be able to get rid of communal apartments by 2018, and St. Petersburg by 2020. However, experts believe that these terms are very illusory.
Let's try to figure out what a communal apartment is, what features it has in the legal regime , what rights its residents have and what responsibilities. Moreover, under such conditions today in Russia there are about 17 million people - two people in Sweden.
Although in normative or legal acts the phrase “communal apartment” is quite common, however, no such law defines such a definition. And, nevertheless, in our country there is no person who could not explain in his own way this concept, which in fact means an apartment owned by the state, and in which several separate families can be settled by the relevant authorities. The main thing is not to violate the standards of living space established in each region per capita.
A communal apartment consists of several separate rooms that can be provided to tenants under a social tenancy agreement , some of which may be the property of those living in them. Corridors, bathrooms and kitchens are considered the total living area. People own them with the rights of common participation.
It is well known that a communal apartment is the cause of numerous disputes and contention between neighbors. This is quite understandable: not every housewife will tolerate a neighbor in her kitchen, not every neighbor will endure the cries of children or other guests in her hallway for a long time. Nevertheless, the owner of such "wealth" as a room in a communal apartment fully bears the burden of maintenance in the order of common property.
However, many people fondly think of communal apartments as a distant and good time. Friendship with neighbors, several refrigerators in the kitchen ... Yes, those who are unfamiliar with this concept, who have always lived in a separate apartment, will always remember this retro with a smile. The picture completely changes when a person lives in such conditions, especially when for him it is not the past, but the present is the most. It would seem that technological progress has gone very far, and the unsightly communal apartment is still in the same scenery.
Until 1998, the privatization of a communal apartment was possible only with the simultaneous consent of all residents. But according to the decision of the Constitutional Court of Russia, which in this law saw an infringement of the rights of citizens, each of the tenants can unanimously privatize their living space without waiting for the consent of their neighbors. Although there remained some flaws in matters relating to common areas.
In order to determine the share of each resident in common places, it is necessary to divide the quadrature of his room by the area of the entire apartment.
There are some restrictions on the sale of rooms in such apartments.
For example, if, as a result of a sale, the introduction of new residents leads to a deterioration in the living conditions of the owners of the remaining rooms, then upon their application the transaction may be declared invalid.
Or if, as a result of the sale or purchase of a room, a citizen who moves into a communal apartment is moved into the apartment, for whom the current legislation does not allow communal settlement. For example, those who suffer from various serious illnesses, including infectious ones.
However, today a communal apartment is considered the most affordable way to improve their living conditions.