St. 36 housing code with comments. The right of ownership to the common property of owners of premises in an apartment house

In article 36 of the housing code establishes the list of objects belonging to the common property of the owners of apartment buildings space. Normal is determined by the order of their use and disposal. Let us consider this subject in detail.

Housing code of the Russian Federation: article 36

The Right of ownership to common property of an apartment house owned by the apartment owners in the building. To him include:

• Square that is not included in the apartments and are used to service more than one room in the house. These include stairs, separation pad, lifts, corridors, basements, technical floors, attics, in which there are engineering communications, and other equipment.

• Other area in the house that do not belong to the individual owners and are intended to meet social needs. These include facilities for the organization of cultural development, leisure activities, children's creativity, sports and physical education and so on.
• Roof, building envelope, plumbing, electrical, mechanical and other equipment, which is in the house.
• A plot of Land within which is located the building, with elements of landscaping, gardening and other objects. The boundaries of the allotment are determined in accordance with the requirements of the land code and town planning code.

Order of use and disposal

It is defined by clause 2, article 36 of the LC RF. In accordance with the rule, the entities that belong to the apartments in the building, own and use common property and dispose of them within the limits of the Code. Reduction of size is allowed with the consent of all residents through the reconstruction. This provision is defined in clause 3, article 36 of the LC RF. Shared objects can be transferred to other persons for use, if it does not infringe upon the rights and interests of legal entities and citizens. This will be done by the owners at a General meeting.

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Plot

Put on, which is a multi-family house, in accordance with the fifth paragraph of article 36 of the housing code may not be chargeable with a limited use of other persons. In practice, you may need to provide third-party access of subjects to objects that existed prior to the date of introduction of the Code.
In such cases, article 36 of the housing code does not permit the prohibition on the encumbrance of land. A new constraint is established by requiring agreement between his subject and the owners of apartments in the house. Disputes concerning the encumbrance of the site, including its terms, shall be resolved in court.

Important

In accordance with article 36 of the LC RF, destruction, accidental loss, the demolition of apartment buildings for the owners of the space saved share area, which is a building with elements of landscaping, green spaces and other facilities designed for the operation and maintenance of the house. They are determined proportionally to the parts of the common property. Entities may use, hold and dispose of objects according to the rules established in the General Ledger.

St. 36 housing code with comments

In this rule regulates the relations relating to ownership of common property in an apartment house, the premises of which are owned by different entities, including public entities. Questions concerning this sphere shall be governed in all constructions of this kind the same way. 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 the HOA or other entity.

Definitions

The Key concepts stipulated in the Regulation. In paragraph 6 of the document provides rules for the recognition of areas of residential, uninhabitable, and apartment buildings subject to demolition due to accidents. The regulation was approved by the government Resolution No. 47.
In accordance with the specified item as an apartment building is the combination of 2 and more apartments equipped with separate outputs. This Provision may extend to land that is adjacent to the building and common areas. The building contains common property of apartment owners in accordance with the law.

List of objects

It is Advisable to consider article 36 of the housing code with the review of Rules of the maintenance of property of an apartment house. They present a more complete list of objects. In accordance with the Rules of the property specified in part 1 of article 36 of the LC RF, include spaces that are not included in the apartments and needed to service/sharing. This category includes:

• Elevators,
• Corridors; and
• Elevator and other mine;
• Stairs between flats and platforms;
• Loft;
• Pram;
• Technical floors (including built at the expense of the owners) site for CU and garages, workshops and technical cellars.

In the specified premises in accordance with paragraph 1 of article 36 of the housing code, there should be engineering communications, other equipment, which serves more than one non-residential/residential space in the house. The latter, in particular, include Elevator, boiler nodes, boiler and so on.
As part of the common propertyalso there are:

• Roof.
• The Enclosing structure of the carrier type. Among them, inter alia, the foundations, walls, columns, floor slabs, balconies and so on.
• Curtain Walling type. These include, in particular, doors and Windows of common areas, parapets, railings, etc.
• Sanitary, mechanical, electrical and other equipment located in the building outside the premises or inside of them, which service more than one residential/non-residential area.
• Plot, within which is a building with elements of landscaping and green spaces.
• Other facilities used for the operation, maintenance and apartment buildings, including substations, transformer substations, sports and playgrounds on site.

Details

To the total assets also include engineering, in-house system for hot and cold water, gas networks, including:

• Risers and branches from them until the first cut-off equipment.
• Collective devices of the account.
• The First shut-off control valves on the outlets inside of the con.
• Plumbing, electrical, mechanical and other equipment.

General use is a grid, consisting of:

• Water-distribution cabinets and devices.
• Protective, control equipment, control devices.
• Lighting systems in common areas.
• Floor enclosures.
• Collective devices of the account.
• Setting of systems of smoke removal, fire alarm systems, including domestic water supply, passenger and freight elevators.
• Automatic shut-off devices of access doors.
• Networking from the outer boundary to the individual account devices.
• Other electrical equipment.

The specifics of the mode of use of a site

As part of the common property is put, within which is located a building, with elements of landscaping and green spaces. Meanwhile, the border plots in some cases may not be installed. In the second paragraph of article 36 of the housing code of the plots within which buildings are included in the common property and residential buildings and other buildings are available in fractional ownership interests on the terms and in the manner prescribed by law.

Article 16 Introduction the normative act stipulated that the existing districts in the area in which objects are located, is the property of the landlords. Put the constructions, designs, elements of the landscaping, educated before the introduction of the LCD in action, and in respect of which was carried out cadastral registration, becomes in equity the property free of charge. If boundaries are not set, any owner of apartments in the building may apply to the local power structure, a statement of their definition.

Cadastre

From the moment of entry in the register of the land acquires the status of a real object and is included in common property. Put free passes in the share property of owners of apartments with the registration of his cadastral registration. Reconstructed or newly built houses are in operation in the formation of sites on which they are located. In this case, wore once included in the total assets. According to paragraph 7 of government Decree No. 491 of the government and municipal authorities provide accounting parcel free of charge from the apartment owners.

Encumbrance

The Areas where condos are not only owners but also other persons. In this regard, fencing and development of the area, preventing passage/passage, can lead to violation of interests of other organizations and citizens. At such sites can be green spaces, playgrounds, driveways and other objects, which are used by unlimited number of subjects.
Land encumbered by the easement. The restrictions that existed prior to the introduction of LCD, do not stop in the transfer of rights of ownership of the site. If they are installed after the entry into force of legislation these terms are defined by the agreement. It is between the owners of the premises and subject to requiring the encumbrance of the parcel. In case no agreement is reached the dispute resolved in court.

The Specifics of ownership

As follows from article 36 of the LC RF, the share of the common property belongs to owners. In the structure of the house will have 2 parts. One is the property of public entities, citizens and organizations, another – a common property belonging to the landlords. The latter is indivisible. The apartment owners do not own attic, basement, plot and other objects, and equipment separately. They act as the owners of the whole of the common property in the aggregate.

Changes in the composition of objects

The Common property cannot be alienated. It is not involved in the turnover as an independent object. Not subject to alienation and individual items of property. They do not act as independent subjects of law. Some elements can join to the premises during the reconstruction (part 3 of article 36 of the LC RF). For example, partthe attic can complement the living room. In this case, the area of the latter increases. During the reconstruction in such a situation, there is a new object. The apartment gets a large area, and the size of the attic, respectively, is reduced. Due to the fact that these actions affect the common property requires the consent of owners of other premises. In such cases, subject to article 36, 44, 46 of the housing code. In the last two rules shall govern the conduct of meetings of owners of premises. After obtaining consent from the other owners of apartments it is possible to carry out the reconstruction.

The Transfer to third parties

She also carried out according to the rules of article 36, 44 of the housing code by the General meeting. The decision on issues by a majority of the total number participating in the meeting. except in the cases specified in paragraph 1.1 of part two of article 44. Note that not all objects because of their functional characteristics can be passed on to third parties even in use. These include, in particular, should include the separation of grounds, elevators, hallways, plumbing, mechanical, electrical and other equipment and other parts, all of which other subjects would inhibit realization of the rights of the owners of apartments in the house.
Objects, the operation of which by third parties does not violate the interests of the owners of the premises, may be transmitted last in use. For example, it may be the basement. However, he may not stand out as an independent object of ownership. Of the property cannot be assigned a cadastral number. Against her it is impossible to perform the state registration. This is due to the indivisibility of common property.

Financial support

The Owners of a building can form a special monetary Fund (article 36.1 of the housing code). Funds from him intended for overhaul of common property. The money is transferred to special account opened in a credit institution. This Fund is formed from contributions of owners for capital repairs, penalties paid in connection with the improper performance of duties under the mandatory deduction amounts and interest credit structure for the use of funds. Financial management can be transferred to the HOA or another maintenance organization. It should be noted that these funds are earmarked and cannot be spent in other than established ways.