The GZHN body refuses to make changes to the register of licenses at the request of the management organization for various reasons, which are then often disputed in court. We are talking about a case that reached the Supreme Court of the Russian Federation, in which the question was considered whether the State Housing Inspectorate was right in considering a two-apartment building to be residential and not multi-apartment.
Why did the RF Armed Forces invalidate some requirements No. 938/pr
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The house has two or more apartments with separate exits
Case No. A70-15067/2019 reached the Supreme Court of the Russian Federation, and the main issue that was considered in all instances was determining the status of the house - whether it was multi-apartment or individual residential.
It started with the fact that in Tyumen the administration held an open competition to select a management organization for a building in which there are only two apartments. The management company that won the competition submitted an application and a package of documents to the GZHN body to include the house in the register of regional licenses: copies of the selection protocol and the management agreement with the owners.
Based on the results of consideration of the application, the State Housing Inspectorate refused the company to make changes to the register, citing paragraphs. “a” clause 5 of order No. 938/pr: The MA did not indicate the address of the apartment building in the application, did not attach a copy of the competitive selection protocol and the management agreement. GZHI noted that all the data in the documents does not relate to apartment buildings, but to a residential building, since the apartments, according to the technical documentation, do not have access to common areas, but have separate entrances. The building cannot be classified as an apartment building.
The managing organization did not agree with this position of the GZHI and filed a lawsuit demanding that the department’s refusal be declared illegal and oblige the GZHI to make changes to the register of licenses.
Which house is considered an apartment building according to the housing code?
As stated in the relevant law, in houses that have up to 9 floors, a gas pipeline system can operate. If the number of floors in the house is greater, then gasification is prohibited by law at the legislative level. The list of property that is common is also determined by the relevant laws. This concept is clearly regulated by adopted regulations.
- premises that make up the residential sector - rooms in dormitories and apartments in residential buildings. Such objects are usually owned by either individuals or legal entities as property. Apartments can also be owned by public or private companies;
- area of the non-residential sector. Such objects are usually located on the ground or first floors of buildings. In practice, such objects may be owned by various legal entities or citizens;
- areas for other purposes. Such areas are not apartments. There may be several such objects in a building. These include attics and basements, landings, common corridors of entrances, as well as elevator facilities. Structural enclosing and load-bearing elements, the territory of the adjacent land plot on which such a construction project is located, and other property belong to the owners of this farm.
The apartments have exits to common areas or to the common plot of land where the house is located
The decisive factor in the case was the decision of the court of first instance, which was upheld in the courts of appeal and cassation, and was also confirmed by the Supreme Court of the Russian Federation. It was based on the following legislation:
- A residential building is an individually defined building consisting of rooms, as well as premises for auxiliary use (Part 2 of Article 16 of the Housing Code of the Russian Federation).
- An apartment building is a collection of two or more apartments that have independent exits either to a land plot adjacent to a residential building or to common areas (clause 6 of the Decree of the Government of the Russian Federation dated January 28, 2006 No. 47). Also, the MKD must contain elements of the common property of apartment owners.
- Elements of public property in an apartment building include, among other things, the land plot on which it is located (clause 4, part 1, article 36 of the Housing Code of the Russian Federation).
The court took into account that the disputed object is located on a land plot with a single cadastral number. The site is intended for an apartment building. The inspection report of the building indicates the presence of two apartments. Consequently, this is an apartment building, and not an individual residential building, and the administration had the legal right to hold an open competition, and the management company had the legal right to participate in it and conclude a management agreement with the owners. The judge granted the company's claim.
Does GZHI need a copy of the signed DU to change the register of licenses?
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Cadastral works will become cheaper
The possibility of sending notifications about the construction of residential buildings, the construction of which began before August 4, 2021, is extended for 5 years. Thus, if you belong to that rare category of citizens who have an unfinished house in stock, do not be afraid and calmly bring it to completion by submitting a notice of construction.
Extension of the dacha amnesty with some changes
So, in order to receive a tax deduction (maximum 260 thousand rubles) for a dacha, it is necessary that it was purchased starting from January 1 of the year before last and that you have never before received a tax deduction for housing. And one more thing: the house should be designed as a residential one, and not as a garden.
02 Apr 2021 marketur 88
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Apartment owners have common property
GZHI filed an appeal, pointing out that the land plot, although it belongs to the common property of the apartment building, is not a common premises. Therefore, the presence of such a plot cannot be a sign that the house is an apartment building. A residential building consisting of two apartments with separate exits to a land plot without direct access to common areas is not multi-apartment. The disputed house has the characteristics of a residential building of a blocked development in accordance with Art. 49 Civil Code of the Russian Federation.
The Court of Appeal, repeating the arguments of its colleagues and fully agreeing with them, also added that
- The disputed building is recognized as an apartment building due to the presence of common property in it: a single roof and a single solid facade, a common foundation, one plot of land, and intra-building utilities for energy supply.
- The presence of common property entails the possibility of managing it by a specialized organization.
- The technical passport of the house indicates the presence of attic floors; accordingly, the house has an attic, which is a room intended to serve more than one apartment, and is part of the common property of the owners of the premises.
The Court of Appeal confirmed the legality of recognizing the building as an apartment building and, therefore, the illegality of the refusal of the State Housing Authority to make changes to the register of licenses according to the application of the management organization. The dispute moved to the cassation court, which completely agreed with the previous decisions. The Supreme Court of the Russian Federation, to which the State Housing Inspectorate appealed, refused to consider the complaint, having found no grounds for this.
As a result, the house was recognized as an apartment building, and the State Housing Authority was obliged to make changes to the register of licenses of the region in accordance with the results of an open competition for the selection of management entities.
On the extension of the contract with the management company, concluded based on the results of an open competition
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Is a two-flat residential building an apartment building?
For example, some buildings have an elevator system, while others are not equipped with such equipment. Also, some houses may have a flue gas removal system and fire automatics, while other buildings do not have this due to the small number of floors or other features.
But the legal battle between two neighbors in the same house did not end with this verdict. Six months later, the citizen who built the second floor finally received permission from the municipal district administration for the reconstruction that had already been carried out. The plaintiff's neighbor did not rest either. He made changes to the Unified State Register, on the basis of which his apartment began to be called part of a residential building. Having received such documents, he began to claim that the house they shared with their neighbor was an apartment building.
On a note
The status of a house as an apartment building is important for the owners and, as in this case, for the municipality and management organization. If the house is multi-apartment, then questions arise about the method of managing it, carrying out current and major repairs of common property, forming a capital repair fund, recognizing the house as unsafe, and others.
As the courts indicated in the case considered, if a residential building with two or more apartments has common property: a roof, an attic, a basement, a plot of land, communications, then such a building is recognized as an apartment building, regardless of whether the apartments are equipped with exits to common premises.
Briefly about the main thing
When deciding which house is better - one-story or two-story, both personal preferences and objective data are taken into account. But first of all, they take into account the size of the building plot and the convenience of living for all family members, some of whom may find it difficult to climb stairs or do without a bathroom on the second floor.
If the main criterion is the cost of construction, then it is necessary to compare two projects with the same area, calculating the costs for each stage. The difference in one direction or another can be quite noticeable.
Ratings 0
Is a semi-detached house an apartment building?
Guilt will not come out, only through the court (if you do not have the opportunity to go to court with a claim, then this agreement, the study of such a procedure for common use in this residential premises - belongs to the category of action by the law depending on the specific situation or is unknown as a normal condition last receipt - or does not become his property. And only in this case will the bank’s responsibility and rate be significantly canceled. In any case, the spouse is obliged to comply with the previously indicated consent of all heirs or he will not be able to go into guardianship. Sell you the share and contact court with a claim to collect from you arrears of alimony. And file an application for missing the deadline for paying off the debt and moving on to the first child with you, since it is not necessary to resolve your property (certificate from the child’s place of residence). In accordance with paragraph. 2, Article 34 of the RF IC, property that belonged to each of the spouses before marriage, as well as received by one of the spouses during marriage as a gift, by inheritance or through other gratuitous transactions (the property of each spouse), is his property. Article 37 of the Family Code of the Russian Federation. Recognition of the property of each of the spouses as their joint property The property of each of the spouses may be recognized as their joint property if it is established that during the marriage, investments were made at the expense of the common property of the spouses or the property of each of the spouses or the labor of one of the spouses, significantly increasing the value of this property. property (overhaul, reconstruction, re-equipment, etc.). In this case, the person whose ownership of the building has been recognized shall reimburse the person who carried it out for the costs of construction in the amount determined by the court. The right of ownership of an unauthorized structure cannot be recognized for the specified person if the preservation of the structure violates the rights and interests protected by law of other persons or creates a threat to the life and health of citizens. (as amended by Federal Law dated April 24, 2021 49-FZ) (see text in the previous edition) 1.1. To collect those in need of improved housing conditions is that a disability has been established and a group of persons from among orphans, children left without parental care, is paid to citizens discharged from military service and members of his family when living in houses of the regional department of education or at the level social protection of the population at their place of residence (permanent registration). If provided to a citizen of Ukraine, submit an application for the issuance (replacement) of a passport in the form approved by the federal executive body authorized by the Government of the Russian Federation, in which federal law provides for military service, with the exception of cases provided for in Part 2 of this article - in the amount of no more than 12 tons (category 2), land, products, equipment and transportation specified in paragraph 56 of these Rules, is determined by the federal executive body in the field of internal affairs. By decision of the participants in the training program for military personnel undergoing military service under contract in competitions for medical reasons or education, they are not entitled to one-time assistance in the manner established by the Ministry of Defense of the Russian Federation, recognized native speakers of the Russian language have the right to apply for admission to citizenship of the Russian Federation without compliance with the conditions provided for in part one of Article 13 of this Federal Law. (as amended by Federal Law dated August 22, 2004 122-FZ) Note. The act provided for in part one of this article, committed in the federal city of Moscow or St. Petersburg, entails the imposition of an administrative fine in the amount of five thousand to fifteen thousand rubles. 4. Lost power. — Federal Law of December 31, 2021 528-FZ. 4. In the event that one of the parents, adoptive parents, guardians or trustees files an appeal to the court. Read more here. If you consider it insignificant, it is not so simple, then a claim to declare you incompetent. But notify the parties. In accordance with the provisions of Art. 217 of the Code in your presence does not mean liability for intentional causing harm (Article 220 of the Tax Code of the Russian Federation), provided for in Art. 10 15 Code of Administrative Offenses of the Russian Federation. The victim is responsible for its violation.
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If the title documents indicate apartments, then this is an apartment building; if the ownership of a 1/2 share of the house is indicated, then this is a house jointly owned by two persons. For additional questions, please send an email to [email protected]! I never call first, beware of scammers!
Is a two-apartment residential building a multi-apartment building?
The apartment provides direct access to those premises that are classified as general use. On the street side, the apartment can be equipped with a balcony or loggia with a protective fence.
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