Sample act on prohibition of access to metering devices

It would be a mistake to believe that drawing up an act of non-residence can only take place in cases where a citizen does not live at the place of his permanent residence. Files in .DOC: Form of act on non-residence in the apartmentSample act on non-residence in the apartment

In most cases, the drawing up of an act is actually due to either the desire to write out a certain person, or the desire to recognize a certain person as having lost the right to living space. However, these two options do not completely cover the entire range of legal relations, during which it may be necessary to draw up a non-residence act. Below we will consider all possible options for applying the acts.

Reason for discharge

It is assumed that the place of registration must be the citizen’s place of residence. That is, deregistration (deregistration) seems to imply that the person being deregistered loses his place of residence. That is why deregistration of a citizen is possible only in two ways:

upon a personal application of a citizen;
By the tribunal's decision.

It goes without saying that drawing up an act of non-residence already implies that the citizen does not live at his place of registration and does not submit an application for deregistration. This means that drawing up an act in this case will be an action aimed at obtaining a court decision on deregistration.

The act can be drawn up either out of court for the purpose of preparing the evidence base for the corresponding statement of claim, or in court after filing a claim at the relevant request of the plaintiff.

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In the work of management organizations, situations often arise when employees of the management organization need to get into the owner’s apartment to carry out work on repairs or maintenance of common property. Of course, most owners are understanding and do not interfere with repair work. But there are some instances that refuse to allow management company employees into the apartment or are categorically against carrying out work due to expensive repairs that hide communications. In this article we will try to figure out how to act in such cases.

According to clause 31 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation dated 05/06/2011 No. 354 (hereinafter referred to as Rules No. 354), the contractor is obliged to verbally agree with the consumer on the time of access to residential or non-residential premises occupied by him or send him a written notice of planned work inside the premises no later than 3 working days before the start of such work

, in which it is necessary to indicate: the date and time of the work, the type of work and the duration of its implementation; telephone number by which the consumer has the right to agree on a different date and time for the work, but no later than 5 business days from the date of receipt of the notification; position, surname, name and patronymic of the person responsible for the work.

Therefore, the first thing to do is notify the owner.

If at the appointed time the owner did not allow employees of the management organization, it is necessary to draw up an act of non-admission to the premises to carry out repair (maintenance) work on common property.

After a couple of such acts, you can safely go to court. After all, as you know, it is the management organization that is responsible for the maintenance of common property, and in the event of an accident, it is the management organization that may be the last resort.

In accordance with clause 1.1 of Art. 161 of the Housing Code of the Russian Federation, proper maintenance of the common property of the owners of premises in an apartment building must be carried out in accordance with the requirements of the legislation of the Russian Federation, while the management company is not responsible for the actions of the owners.

By virtue of clause 42 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 (hereinafter referred to as rules 491), management organizations and persons providing services and performing work in the direct management of an apartment building are responsible to the owners of the premises for violation of their obligations and are responsible for the proper maintenance of common property in accordance with the legislation of the Russian Federation and the agreement.

Within the meaning of Art. 36 of the Housing Code of the Russian Federation, common property in an apartment building includes, in particular, mechanical, electrical, sanitary and other equipment located in a given building outside or inside the premises and serving more than one room.

In accordance with clause 41 of Rules 491, the owners of premises are responsible for the proper maintenance of common property in accordance with the legislation of the Russian Federation.

Clause 34 (subclause “e”) of Rules No. 354 provides for the owner’s obligation to allow representatives of the management company into the occupied residential or non-residential premises to carry out necessary repair work - as necessary, and to eliminate accidents - at any time.

According to Art. 290 of the Civil Code of the Russian Federation, the owners of apartments in an apartment building own, by right of common shared ownership, the common premises of the house, the supporting structures of the house, mechanical, electrical, sanitary and other equipment outside or inside the apartment that serves more than one apartment.

Decree of the Government of the Russian Federation dated January 21, 2006 No. 25 approved the Rules for the use of residential premises. In accordance with paragraphs. B, In paragraph 19 of these rules, the owner of the residential premises is obliged to ensure the safety of the residential premises and maintain the proper condition of the residential premises.

Thus, the actions of the owners to prevent the repair of common property located in an apartment owned by them are an abuse of their right, associated with a threat to ensure the safety of the property of other persons and common property.

As a rule, the courts satisfy such claims of management organizations. An example is the decision of the Central District Court of Khabarovsk dated August 4, 2018 in case No. 2-2596/2017, the Decision of the Murom City Court of the Vladimir Region dated July 16, 2020 in case No. 2-661/2018, the Decision of the Soviet- Gavansky City Court of the Khabarovsk Territory dated July 11, 2020 in case No. 2-519/2018.

Often, repair work on common property must be carried out as soon as possible in order to avoid a serious accident and large losses.
In such cases , when applying to court, the pleading part of the claim must indicate the immediate execution of the court decision.
In accordance with Art. 212 of the Civil Procedure Code of the Russian Federation, the court may, at the request of the plaintiff, apply for immediate execution of the decision if, due to special circumstances, delaying its execution may lead to significant damage to the claimant or execution may be impossible. The issue of immediate execution of a court decision may be considered simultaneously with the adoption of the court decision.

Thus, in the decision of the Surgut City Court of the Khanty-Mansiysk Autonomous Okrug-Ugra dated August 26, 2020 in case No. 2-12736/2016, it is stated:

“Due to the limited period of work (according to the work schedule), the repair of the heating system must be completed before a certain date), the court agrees with the plaintiff’s arguments that due to the existing risk for the plaintiff to violate contractual obligations for the timely completion of repair work from -due to the defendants’ refusal to provide access to the apartment, a slowdown in the execution of the court decision in this case could lead to significant damage for both the plaintiff

(in the form of accrual of penalties), and for the owners of other premises in the house (in the form of lack of heating, and, as a consequence, freezing of the premises, lack of gas supply, recalculations for improper provision of services, etc.).

Under such circumstances, the court decision regarding the provision of access to residential premises to carry out repair work on the heating system should be carried out immediately.

Well, what if the management organization did not file a claim with the owner on time to ensure access to common property, was unable to carry out the work and an accident occurred

(for example, a riser burst),
the main evidence of one’s innocence in court
with the owners of the affected apartments
will be notifications to the owners about agreeing on the date and time of the work and acts of non-admission.
In accordance with clause 1.1 of Art. 161 of the Housing Code of the Russian Federation, proper maintenance of the common property of the owners of premises in an apartment building must be carried out in accordance with the requirements of the legislation of the Russian Federation, while the management company is not responsible for the actions of the owners.

As judicial practice shows,
in order to compensate for harm to the victim, it is necessary to simultaneously prove the presence of harm, its size and the cause-and-effect relationship between its occurrence and the actions of the harm-doer
(Determination of the Leningrad Regional Court dated April 10, 2014 No. 33-1811/2014).

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Recognition as having lost the right to living space

It does not matter to the owner whether he is registered in the apartment he owns or not. Ownership rights are retained in any case.

As for citizens living and registered in residential premises occupied under social rental conditions, for them non-residence in an apartment for more than 6 months is equivalent to the loss of the right to living space, unless the absent tenant has made a reservation for the apartment.

Compared to Soviet legislation, the use of armor in modern Russian legislation is limited.

Thus, in accordance with Decree No. 533 of the Government of the Russian Federation dated May 25, 1994, families moving to live and work in rural areas have the right to reserve living space for up to 3 years.

The Law of the Russian Federation “On the Status of Military Personnel” provides the right to reserve residential premises:

military personnel upon transfer to another place of service;
contract military personnel for the entire duration of the contract;
conscript military personnel.

The Law of the Russian Federation “On Service in Customs Authorities” provides the right to reserve residential premises by customs officers for the period of their transfer to service in another area.

Reservation means the tenant retaining his right to use social housing for the period of his non-residence at his place of registration. The reservation is made by writing a corresponding application to the local executive authority. The application must be submitted before the expiration of 6 months from the date of departure.

If a citizen does not reside at his place of registration for more than six months and in the absence of a reservation, the responsible employer or local executive authority has the right to file a claim in court to be declared as having lost the right to living space.

A certificate of non-residence may be attached to the statement of claim. It is possible to file a claim without an act, but in this case the court, either on its own initiative or at the request of the plaintiff, will send an order to the bailiff to verify the fact of residence. That is, the act of non-residence will be drawn up by the bailiff.

Ways to gain access to common property

Considering the need to check apartment risers, locks, ventilation, chimneys, valves and meters several times a year, the management company can agree with the residents on the time at which a utility worker will visit the apartment and carry out an inspection or repair. The frequency of such visits should be no more than once every 3 months. Form of act of non-admission to the property It is imperative to clarify the date and time of inspection of the property by obtaining the signature of the owner or by sending him a letter with an attached notification.

Important! Placing information sheets on entrance doors, as is done in Russia, is ineffective.

The owner provides access to the property only after a representative of the organization presents a passport and a document confirming the authority to enter the residential premises for the duration of the work. This may be an order or a direction to a specific performer for a task.

Reduced utility bills

In the absence of meters, utility bills are charged either depending on the square footage of the residential premises, or depending on the number of registered ones.

In the case where communal services are charged to persons who are registered but do not actually live in a specific living space, the main tenant or owner can, without deregistering, ask the utility services to reduce the accrued payments.

The fact of non-residence will be confirmed by a corresponding act.

Not allowing housing and communal services employees into the apartment

Question :. Answer :. The act is drawn up in any form. If the consumer cannot ensure the contractor’s access to the residential premises he occupies due to temporary absence, then he is obliged to inform the contractor about other possible dates and times of admission for the inspection;

Home Is it possible not to allow repairmen into the apartment? Published: Is it possible not to let repairmen into the apartment?

I live on the 5th floor. The neighbors have been complaining about the heated towel rail not working.

Sample act on the employee’s refusal to provide written explanations. The employer's demands for the employee to explain the violation of labor discipline or his duties are often ignored.

Drawing up an act

If the act of non-residence is drawn up by a bailiff, then there is no need to worry about its contents - the bailiff will do everything correctly and in accordance with the law.

Questions about the procedure for drawing up an act arise when it is drawn up by housing authorities or neighbors at the initiative of the owner or responsible tenant.

The act of non-residence does not require the convening of a commission; the signature of witnesses or attesting witnesses is quite sufficient.

That is, they can draw up an act:

owners and responsible tenants, provided that at least two witnesses are indicated in the act;
the bailiff independently, subject to drawing up an act in the presence of witnesses with the selection of their signatures;
police officer (precinct officer) with the participation and signatures of witnesses;
an official of the Criminal Code or Housing Department, also with the participation of witnesses.

The closest neighbors are usually brought in as witnesses, who can confirm and state the fact of non-residence.

Order to immediately provide access to the apartment

St. Petersburg Client clarification 5. What measures of criminal, administrative or other liability are applied by the Company in this situation to the owner and in what amount? 18 July 2020, 22:31

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• clause 5.8.3 of the Rules and Standards for the Technical Operation of the Housing Stock, approved by the Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003. No. 170, • pp. “e” Decree of the Government of the Russian Federation dated May 6, 2011. No. 354 Irina, these norms relate to the duties of the management company, in fulfillment of which they presented a demand to you.

SP 30.13330.2012 Internal water supply and sewerage of buildings.

Act structure

For the convenience of our users, we have developed and made available for download a standard template for a non-residence act. After downloading and printing, all you need to do is fill it out.

The structure of the act includes the following elements:

name of the act;
date, time and place of its preparation;
Full names and addresses of persons participating in the preparation of the act. If officials are involved, their position and place of work will need to be indicated;
the address at which the fact of non-residence is established;
Full name and registration information of the person who does not reside - when he was registered, on what basis;
statement of the fact of non-residence indicating the period. We remind you that the deadline is essential for filing a claim in court for deregistration or recognition as having lost the right to living space;
confirmation of the fact of non-residence - the neighbors have not seen for a long time or the neighbors know that the registered person has left, or there are no personal belongings of the absent person in the apartment (house), etc.;
signatures of all participants in the act.

An act is drawn up in the number of copies required.

Providing access to the apartment for the housing inspector

There are redevelopments in the apartment.

He draws up a protocol, an order to approve this redevelopment, and issues a fine.

Further, he writes in response to the complaint that yes, the fact was confirmed, the owner was given an order to eliminate the violations.

And the owner, with these documents (protocol, order), begins to coordinate the existing redevelopment. 3. The inspector did not get to the apartment. We don’t know the exact forms, but in general, he draws up an internal document about not having access to the apartment and transfers the case to the legal department to file an application with the court to ensure access to the apartment with bailiffs.

After this, the court issues an order for access to the apartment with bailiffs, the bailiffs ensure that the inspector gets into the apartment and the inspector moves on to step 1 or 2.

In our practice, complete reluctance to meet the inspector's entry into the apartment was encountered only a few times. This was due in a number of cases to, so to speak,

The act of not having access to residential premises. Certificate of non-admission to the site

An appeal against the ruling of the arbitration court to return the statement of claim without consideration on the grounds of violation of the requirements of Art.

Very often, management companies require access to an apartment to carry out repairs or emergency work, and the company may encounter a tenant or apartment owner who, citing various reasons, does not allow access. Today we will look into the question of whether the owner or tenant is obliged to let in and what the company should do if it does not let in the repair crew.

During repairs or accidents, to provide various services or inspections, the owners provide access to the common property located in the apartment. In other situations, the management organization or partnership has the right to draw up an act of prohibiting housing and communal services employees from entering the premises and go to court.

Such actions will not have an impact, but in this way the Management Company, HOA or housing cooperative will relieve themselves of responsibility for the consequences of failure to carry out repair work on the area of the common property of the apartment building.

The document states:

Date, document number and place of preparation;
Name and title of the act;
Positions and full names compiler and witnesses;
Description of the violation, full name and the position of the offender, the date and period of absence from the workplace;
Signatures of the originator and witnesses;
Signature of the violator, a note about familiarization and transfer of one copy to him. If the employee does not want to sign the document, he puts a corresponding note, and the witnesses certify this fact with their signatures.

Based on the results of the inspection of residential, industrial, warehouse, non-residential and other premises for various purposes, an inspection report of the premises is drawn up. For each individual case, a specific act may be drawn up, but the basis is a basic act of inspection of the premises.

It is possible to do without positions, then it is necessary to indicate the chairman’s attitude towards the property, indicating the residential address (owner of the property, director of the management company, employee, neighbor, etc.).

The names of committee members must be in alphabetical order. Their positions will not matter. Examples of free formulations After the listing there should be a description of the event.

It is these facts that are proof that the premises are not being leased in very good condition, and this can subsequently help the renting party avoid all sorts of costs for repairing the premises or repairing any damage after returning the premises from the tenant.

The rent for the Property is set at _________ (___________________________) rubles per month. 3.2. The rent does not include utilities. (heating, lighting, water supply), cleaning services for the surrounding area and 24-hour security of the facility. An apartment inspection report is usually drawn up in two cases: real estate transactions and violation of the owner’s rights.

Since the owner refuses to provide access to the premises for major repairs of in-house engineering systems, other owners, in the event of damage, have the right to go to court to recover material damages and moral damages from the owner of the premises who refused to carry out repairs on his premises.

On identifying the constitutional and legal meaning of paragraph 1 of Art. 1064 see Resolution of the Constitutional Court of the Russian Federation of March 10, 2017 N 6-P of December 8, 2017 N 39-P.

Apartment Bay Act

Flooding of an apartment occurs as a result of unlawful actions to damage the property of neighbors located above. Since flooding is typical specifically for multi-storey buildings, owners of private households have nothing to worry about - if flooding occurs, it will only be as a result of a roof that has become unusable.

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Important! Since as a result of a flood, not only the ceiling decoration, but also other property in the apartment, including expensive ones (household appliances, computer equipment, furniture, etc.), can be damaged, the presence of the victim is necessary when drawing up the report. The “Possible hidden defects” mark must be checked.

Act on non-admission to the apartment for taking statements

The management company posted an announcement in advance that they were asking on a certain day to provide access to utility networks for hot water supply, hot water supply, central heating, and electricity, otherwise they would go to court. On this day, We let them into the apartment for inspection. Our pipes are in plasterboard boxes, there is access through a window and the metering devices are visible and where which pipes go.

Club of housing and communal services and real estate experts. When carrying out work to replace hot water and hot water risers in the cooperative, one of the owners refused to provide access to the apartment. They bypassed it by establishing a connection with the old communications above and below.

Apartment Filling Act - Rules for filling it out

!
The second common mistake
is that the commission must include at least three people from the operating organization (engineering staff). Otherwise, during a judicial review of the case, the Apartment Filling Act may be declared invalid.

Those. Employees of the service (operating) organization must take part in the inspection of the flooded premises; they are the ones who must organize a commission to inspect the damage and draw up this document. Their task is to certify with their signatures the very fact of the incident (the premises being flooded with water).

The management company requires access to utility networks in the apartment

Petrozavodsk Petropavlovsk Kamchatsky Address: Podolsk Prokopyevsk Address: Prokopyevsk Pskov Pushkino Pyatigorsk Address:

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Don’t think about how difficult it is to do it right, because you will call a company where you will be welcomed and will not be made nervous. They will help you formulate the question accurately if you are in a state of severe mental turmoil, and will also provide words of support and direct your actions correctly.
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New Resolutions on the timing of drawing up the Apartment Filling Act

3. After determining the cause of the flood, you need to obtain an official document - a report stating that you had a flood, which will describe the damage that the apartment received as a result of the flood and the culprit of the incident will be found. The act of filling the apartment is drawn up by the technical or engineering personnel of the operating organization REU/ZhEK/UK.

In Appendix No. 2 to the Order of the Moscow City Government No. 55-48/1 dated March 12, 2001 and No. 5-37/1, the period for drawing up the Act is given 3 days; in earlier documents, which are no longer valid, the time for drawing up the Act was regulated by 10 days.