Owner of residential premises. Rights and obligations
Housing legislation with the adoption of the Housing Code of the Russian Federation has defined the right of ownership of housing as one of the main values of modern society. The law stands guard over the protection of this right; its responsibilities include guaranteeing and providing conditions for the exercise of the rights of owners of residential premises.
Residential owner:
- citizen;
- state;
- legal entities;
- municipalities;
- foreign states;
- foreign citizens and legal entities;
- international organizations;
- other.
The term “homeowner” applies to all categories of persons who have ownership rights to residential premises. Regulation of the rights and obligations of the owner of residential premises is entrusted to the Civil and Housing Codes of the Russian Federation. Art. 30 of the Housing Code of the Russian Federation determines the procedure for owning residential premises and the responsibilities of the owner.
Rights of the owner of a residential premises:
- possession;
- use;
- order;
- provision of possession or use of residential premises to other citizens on the basis of a rental agreement;
- transfer for use to legal entities under a lease agreement;
- provision under a free use agreement.
The legality of using residential premises and the limits of its use directly depend on the purpose of the housing and the definition of the premises as residential. Clause 2 Art. 15 and paragraph 1 of Art. 17 of the Housing Code of the Russian Federation states that residential premises intended for the residence of citizens must necessarily be suitable for such residence.
Responsibilities of the owner of a residential premises:
- maintenance of the premises;
Under the maintenance of premises, the legislation implies the owner’s concern for the state of safety of his residential premises. The owner is obliged to invest in the premises he owns and bear the costs of repairs and maintenance.
The burden of maintaining the premises may be transferred to other persons, organizations, or the state in accordance with existing federal laws or in accordance with the contract.
So, for example, in order to provide assistance to certain categories of citizens who own residential premises, due to their financial situation, physical condition, services to the state, the state assumes responsibility for the maintenance of residential premises belonging to such citizens. Also, the owner of a residential premises may assign responsibilities for its maintenance to other persons, provided that the premises are transferred to them for temporary use or possession. A lease agreement often provides for the transfer of the owner’s responsibilities for the maintenance of residential premises to the tenants, but does not exclude the owner’s responsibility for such maintenance.
- maintenance of the common property of the owners (provided that the residential premises are an apartment in an apartment building); The common property in an apartment building obliges the owner of the residential premises, namely the apartment, to bear the costs of its maintenance, in that part of the amount of costs that corresponds to his share.
- maintenance of the common property of the room owners (provided that the living space is a room in a communal apartment);
- maintaining the premises in proper condition;
- preventing mismanagement of the premises;
The owner of a residential premises must not allow mismanagement of the residential premises belonging to him. Mismanagement of residential premises may serve as grounds for termination of ownership rights. An administrative offense will be mismanagement of residential premises that violates the relevant specific requirements of fire safety rules or sanitary and epidemiological standards. Causing harm by mismanagement of residential premises provides for civil liability of the owner.
- respect for the legitimate interests and rights of neighbors;
Neighbors are the owners of neighboring residential premises and the persons living in them. The rules for the use of residential premises are approved by the Government of the Russian Federation; compliance with current standards is a prerequisite for the above obligations.
- compliance with the rules for the use of residential premises;
- compliance with the rules for maintaining common property, owners of premises in an apartment building.
The inalienable right of the owner of residential premises is to rent or lease this premises for the purpose of systematically making a profit. The income that the owner receives from renting out the premises is subject to taxation in accordance with the Tax Code of the Russian Federation. To make a profit from renting or renting premises, the owner does not have to register as an individual entrepreneurship.
The right of ownership presupposes not only the existence of rights, but also the existence of responsibilities for the owner of a residential premises. Violation by the owner of his duties can lead to disastrous consequences, such as the sale of his property at auction or administrative punishment in the form of a fine. Protecting the rights and interests of the owner is the direct task of a lawyer in housing cases. The assistance of a qualified specialist in housing law will protect the owner of a residential premises from violation of his rights and ensure the guaranteed fulfillment of his duties by other owners.
If you are interested in the topic of housing legislation, we recommend that you also read “reconstruction and redevelopment of residential premises.”
Sincerely, Victoria Demidova, lawyer.
Scope of rights and obligations of the owner of the living space
The owner has the most complete scope of rights and obligations in relation to the existing property. This includes ownership (the ability to influence), use (extracting useful properties from an object), disposal (the right to sell, donate, bequeath or relinquish ownership).
The last point is the most important, distinguishing the owner from persons who have the right to reside in the premises.
The law places an obligation on the owner to maintain the property in proper condition. This includes paying for utilities and expenses for maintaining the common property of the entire house in good condition. The owner is obliged to pay contributions for major repairs of the building in which his personal possessions are located, even if they constitute a small part of the total.
The availability of utilities requires concluding an agreement with the appropriate organization. If the owner refuses, the supplier has the right to go to court to force the owner to enter into an agreement with the supplier.
If there is actual consumption of utilities, then the court will also collect money for this.
The Housing Code also contains a clause on the mandatory conclusion of an agreement for the removal of solid municipal waste.
Responsibilities of the owner of a residential premises
Advice from lawyers:
1. In a residential rental agreement between individuals. persons are required to pay utility bills. Now the management company has filed a lawsuit against the owner for debts, is it possible to shift the responsibility to the tenant?
1.1. It is possible if the debt arose after the conclusion of the contract.
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2. I rent a room. From the owner. But the hostess did not warn me about the payment on the receipt for the room. And he takes all the fees. And not only for utilities. Services. But also for the maintenance and rental of living quarters + capital contribution. repair). I PERSONALLY THINK. THAT THIS PART OF THE RECEIPT IS WRITTEN. she must pay. as an owner.!. tell me what is correct. Because legally it is not my responsibility. As an employer?
2.1. Your relationship is governed by the Agreement; as agreed or agreed upon, so it will be. Explain that you are not happy with this.
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3. Please tell me what legal documents the owner must submit when selling a share of residential premises and a share of land, or is it all the responsibility of a notary to check.
3.1. Hello, the Notary will, of course, check everything, but you, as the buyer, must also check all the documents. I wish you good luck and all the best!
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3.2. Extract from the Unified State Register of Real Estate as proof of ownership. The rest is at the discretion of the parties. You can dig deeper and clarify the basis for the emergence of property rights (primary documents), the existence of possible legal claims, check for possible violations of the rights of minors, as well as persons who refused privatization. This entire complex of activities is called legal support of the transaction. If you want to be 100% confident in the security of the transaction, contact a lawyer in Moscow for assistance. Sincerely, lawyer in Moscow - Stepanov Vadim Igorevich.
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4. According to Article 153 of the Housing Code of the Russian Federation, the obligation to pay for residential premises and utilities arises from the owner of the premises from the moment the ownership of such premises arises. But if the apartment is municipal, that is, owned by the city, and no one has ever lived there since the building was commissioned, does it mean that the city must also pay the Company for the residential premises?
4.1. The owner of this apartment must pay.
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4.2. You are writing some kind of nonsense. QUOTE of the Housing Code of the Russian Federation: Article 153. Obligation to pay for living quarters and utilities 1. Citizens and organizations are obliged to pay for living quarters and utilities on time and in full. 2. The obligation to pay for residential premises and utilities arises from: 1) the tenant of residential premises under a social tenancy agreement from the moment of conclusion of such an agreement;
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5. I am the owner of non-residential premises. I rent to the Pyaterochka store. It is necessary to install containers for waste, class 5 waste. The management company is against it and so are the owners of residential premises. Who is responsible for installing garbage containers?
5.1. In this case, it is the responsibility of the tenant to resolve the issue of garbage removal. In addition, such an obligation should have been contained in the terms of the contract.
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6. I am the owner of a non-residential premises. I have a heated room and an unheated basement. Temperatures in the rooms are 25 and 11, respectively. What is the minimum temperature in the basement? So that I could ask them for not properly fulfilling their contractual obligations.
6.1. From them - from whom? If the basement is unheated, then what is the question anyway?
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7. Government Decree dated 05/06/2011 (as amended on 12/25/2018) No. 354 “On Prev. Leaving utilities to the owners and users of premises in apartment buildings and residential buildings” states the possibility of concluding an agreement for the removal of solid waste, and not at all the obligation to do so.. “Can I not conclude an agreement? (I live in a private house in the countryside)
7.1. Formally, you can, of course. Simply, given that activities related to the handling of fuel waste, including transportation, are subject to licensing, and licenses are not issued to a private individual, there must still be an agreement with some licensed company.
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8. Which articles of the Housing Code of the Russian Federation indicate that the tenant of a residential premises is not obliged to pay capital costs. repairs, and this responsibility falls on the homeowner?
8.1. Article 158 of the Housing Code of the Russian Federation The obligation to pay the costs of major repairs of common property in an apartment building applies to all owners of premises in this building from the moment ownership of the premises in this building arises. But the agreement may provide for some kind of compensation, so see also the lease agreement.
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9. Which laws stipulate the obligation of the owner of a residential premises to provide access to hot water and hot water risers. Thank you.
9.1. The obligation to provide access to common property stems from clauses 3 and 4 of Article 30 of the Housing Code, according to which the owner of a residential premises bears the burden of maintaining this premises and the common property of the owners of premises in an apartment building. Clause 34 e) of the Government of the Russian Federation of May 6, 2011 No. 354 (as amended on December 25, 2015) directly obliges the owner to allow representatives of repair services to carry out repair work. If you are interested in judicial practice, then the courts make decisions in favor of management companies, and appeals remain unsatisfied (for example, the Moscow City Court's ruling dated December 6, 2011 in case No. 33-39787/2011). Sincerely.
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10. Does the responsibility for concluding a management agreement lie with the owners of residential premises in the apartment building or with the Management Company that proposed the draft agreement? Is one Management Agreement concluded with each owner? Please justify your answers to the above questions.
10.1. Good afternoon. Clause 1 of Article 162 of the Housing Code of the Russian Federation An agreement for the management of an apartment building is concluded with a management organization that has been granted a license to carry out activities for the management of apartment buildings in accordance with the requirements of this Code, in writing or in electronic form using the system by drawing up one document signed by the parties . When choosing a management organization by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of premises in such a building on the terms specified in the decision of this general meeting.
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11. In art. 170 clause 8 of the Housing Code of the Russian Federation states: “Upon reaching the minimum size of the capital repair fund, the owners of premises in an apartment building at a general meeting of such owners have the right to decide to suspend the obligation to pay contributions for capital repairs.” As I understand it, what is the minimum size of the capital repair fund for one (our) residential building? Thank you.
11.1. Hello, Marat! In this case, we are talking about a situation where the owners chose the method of forming a capital repair fund for their home not on the general account of the regional operator, but on a specially created account by decision of the general meeting of owners, in which funds intended for the capital repair of only this house are accumulated. In other words, you understand correctly. Sincerely, A.D. Ruslan.
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12. Which resolution contains the rights and obligations of the owner of the residential premises of an apartment building undergoing reconstruction. Do I have the right to apply for consent myself?
12.1. Do I have the right to apply for consent myself? — Hello, no one can limit the rights of the owner. And you have this right. Good luck to you and all the best.
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12.2. Good day! Yes, you have the right to make your own decisions regarding your rights and responsibilities. No one can limit VAZ in this. Good luck.
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13. Whose responsibility is it to install trash cans near non-residential premises in an apartment building, the owner. According to Art. 210 of the Civil Code of the Russian Federation or still the Managing Organization? Thanks in advance, preferably with a link to the article,
13.1. Good afternoon Based on the meaning of Art. 210 of the Civil Code, the owner bears the burden of maintaining the property he owns.
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14. Question: Is it legal to include a line in receipts for payment of utility services for the payment of the acting foreman in the house, after such a decision has been made at a general meeting of owners of residential premises?
14.1. Hello, Vladislav Yes, it is legal if the owners of the house made such a decision at a meeting. I wish you good luck and all the best!
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14.2. Is it legal to include a line in receipts for payment of utility bills for the payment of an acting supervisor in the house, after such a decision has been made at a general meeting of owners of residential premises? Well, if it is accepted by the general majority, then of course it is legal.
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15. Does the law establish the obligation for the owner (municipal entity) to transfer a resolution on the provision of residential premises to the management company for the subsequent conclusion of a rental agreement for residential premises?
15.1. “Housing Code of the Russian Federation” dated December 29, 2004 N 188-FZ (as amended on July 6, 2016) Housing Code of the Russian Federation, Article 60. Social contract. ial rental of residential premises 1. Under a social contract. for the rental of residential premises, one party is the owner of the residential premises of the state housing stock or municipal housing stock (an authorized state body or an authorized local government body acting on his behalf); current legislation directly establishes the transfer of powers to conclude a social contract. hiring by a representative of the owner (authorized person), these powers must be formalized in writing. Another question is that it is not particularly convenient if the management company enters into social contracts. hiring, you can change ownership at any time, but the owner will remain the owner.
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16. What rule of law imposes the obligation on the owners of residential premises in the Moscow Railway to provide access to common property to carry out repair and maintenance work on this property, in particular, main water supply pipelines (the so-called “risers”)?
16.1. How do you imagine the possibility of carrying out preventive inspections, routine and major repairs of water supply and drainage systems without access to the water supply systems themselves? As far as we know, technologies that could perform these types of work remotely have not yet been created. If I have fully answered your question, I am happy to help you! You can use the services of a website lawyer to solve your problems.
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17. Please explain the procedure, conditions and legal consequences of housing privatization in accordance with current legislation. The feasibility of privatization, taking into account the fact that I live in a separate two-room apartment with my adult son. Differences in the rights and obligations of the owner of a residential premises and the tenant under a social tenancy agreement.
17.1. After privatization, you and your son will become owners, which means you can sell this apartment if necessary. You will only need to pay utilities, we don’t have to pay for it. But you will also be responsible for everything, as the owner of the apartment.
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18. The management company, without the consent of the owners of the residential premises of the residential complex, opened access to the territory for summer residents to pass through. Do residential property owners have the right to recalculate rent and security services? Because The security allows strangers into the territory, but the management does not fulfill its duties?
18.1. Go to court with this issue and appeal the actions of the Criminal Code.
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19. Is it legal to refuse a subsidy due to a debt for major repairs if I am not the owner and I am disabled (2 degrees), a pensioner living alone/the owner is my daughter. (According to clause 2 of Article 154 of the Housing Code of the Russian Federation, the payment for residential premises and utilities for the owner of premises in an apartment building includes a contribution for major repairs. The obligation to pay a contribution for major repairs by owners is established by part 1 of Article 169 of the Housing Code of the Russian Federation. All other payments without debt.
19.1. Hello Nina! The refusal is justified, unfortunately. Pay off your debt.
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20. How to determine the procedure for using residential premises when renting out a room in a communal apartment with privatized rooms? Which article defines the rights and obligations of communal housing owners?
20.1. Hello. See articles 41-43 of the RF Housing Code.
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Why should I pay for ONE that I don't have. When shared ownership is determined,
The obligation to pay for major repairs in accordance with Part 1 of Art. 169 of the RF Housing Code applies to owners of residential premises.
Please tell me, in apartment buildings the meters are located outside the residential premises (at the entrance)
Tell me, payment of one-time tax for hot and cold water is the responsibility of the owner of the residential premises.
Is it the responsibility of the chairman of the council of the MK house to give written answers to written requests from the owners of residential premises in the MK.
I live on the fourth floor of a four-story building. There is a balcony. The balcony was not structurally protected from precipitation, etc., the screed on the balcony was cracking.
The main responsibility of the owner of a residential premises is: Select one answer: a.
I am privatizing the house where my father used to live, my father died and I decided to register the house for myself
To divide the payment for housing and communal services between the owners of common shared property, is it enough to refer to Art.
The former owner moved out of the apartment in an unknown direction a long time ago, but has not yet checked out of it,
An agreement was concluded for the free use of residential premises with the obligation of the borrower to pay for utilities.
Moszhilinspektsiya explains the rights and responsibilities of the council of an apartment building
In 2011, Article 161.1 was introduced into the Housing Code of the Russian Federation. "Apartment building council." The need for its introduction is due to the desire of the legislator to involve premises owners in the process of managing apartment buildings. If a homeowners' association has not been created in an apartment building or this building is not managed by a housing cooperative or other specialized consumer cooperative and there are more than four apartments in this building, the owners of the premises in the building at their general meeting are required to elect the council of the apartment building (hereinafter referred to as the MKD council ) from among the owners of premises in this house.
What is an apartment building council
The council of an apartment building is not a form of management of an apartment building. The MKD Council is a body that represents, protects and defends the interests of the owners of premises in the house, actively interacts with the management organization, and ensures constant monitoring of its fulfillment of obligations under the management agreement.
He is elected by decision of the owners at a general meeting for a period of 2 years, unless a different period was established at the same meeting. The number of members of the MKD council is also determined by the decision of the general meeting, taking into account the number of entrances, floors, and apartments available in a given building.
The decision to elect the MKD council must be made within a year from the moment the house is put into operation. If there is no decision, the local government body, within three months, convenes a general meeting of the owners of the premises of the building to elect the council of the apartment building.
Powers of the council of an apartment building
— Ensure the implementation of decisions of the OSS;
— Offer to owners the procedure for using common property, a plan for organizing work for its maintenance and repair, discussion of issues within the competence of the MKD council;
— Monitor the performance of work and the provision of services for the maintenance and repair of common property in the apartment building, as well as the quality of the provided utilities;
— Propose a report on the work done during the year for approval at the annual general meeting of owners;
— Approve the decision on the current repair of common property in the apartment building, if it was adopted at the OSS by a majority vote.
Chairman of the board of an apartment building
From among the members of the council of an apartment building, at a general meeting of owners of premises in an apartment building, the chairman of the council of the apartment building is elected, who manages the current activities of the council and is accountable to the general meeting of owners of premises in the apartment building.
The chairman of the council of apartment buildings negotiates with the management organization regarding the terms of the management agreement, and brings to the attention of the general meeting of owners of premises in an apartment building the results of such negotiations. If the owners of premises in an apartment building have issued a power of attorney to the chairman, he can enter into an agreement for the management of the apartment building. Also, the chairman of the council of apartment buildings monitors the fulfillment of obligations under concluded contracts for the provision of services and the performance of work on the maintenance and repair of common property in an apartment building, signs acts of acceptance of services provided and completed, acts of violation of quality standards or frequency of service provision and performance, acts of failure to provide utility services or provision of utility services of inadequate quality.
Term of office of the MKD council
Every two years, unless a different period is established by the decision of the general meeting of owners of premises in a given building, the council of the apartment building is subject to re-election; if the general meeting of owners of premises in the apartment building fails to make a decision on re-election of the council of the apartment building within the prescribed period, the powers of the council of the apartment building are extended for the same period. term.
In case of improper performance of its duties, the council of an apartment building may be re-elected early by the general meeting of owners of premises in the apartment building.
