Common areas are common property owned by the owners of a residential apartment building, as well as non-residential buildings. They include premises that are not part of apartments or offices, and are available for stay, visit and use by the public. Restrictions on access to such areas may occur only in cases when certain hours are set for this. A similar decision is made on another basis that does not conflict with the freedoms and rights of an individual or group of people.
What is the Housing Code talking about?
According to current legislation, common areas in residential buildings are common household property.
His list includes:
- The land on which the house was built. This also includes landscaping facilities located on them, as well as those specially designed for housing maintenance.
- Roofs and structures that perform enclosing and bearing functions.
- Equipment installed for the purpose of servicing apartments.
- Other types of premises that are not individual property of citizens, used for social and domestic needs.
- Premises necessary for servicing residents and apartments (stairwells with elevators).
Multi-storey residential building
Public places in the building where people are located are determined by the state or self-government body, based on the design features of the premises. What is the purpose of this procedure? It is necessary for the fulfillment of responsibilities for the maintenance of property, control over its proper maintenance, as well as for the competitive selection of organizations that will be involved in the management of the property.
What are they, common areas in an apartment building? What is included in their list? It contains:
1. Premises for various purposes, located inside the house, but not positioned as structural elements for the construction of apartments, as well as their geometry. Such common areas are intended to serve not only the house, but also its residents (more than one).
2. The platforms through which the passage to the housing is carried out, as well as to the exit from the entrance, elevators, stairwells, as well as elevator shafts.
3. Techno-operational and attic floors.
4. Built-in garages located under the house in the basement, or decorated as part of an immovable object.
5. Equipment intended for servicing residents (more than one), as well as additional service sites located inside the building, which are involved in the maintenance of such equipment.
6. Boiler rooms, as well as other specialized service areas.
7. Fences or barriers.
8. House roof.
9. Bearing elements of the building, which are in places for mass use.
10. Enclosing objects inside the house (stair railing, parapets, etc.).
11. Doors and windows in rooms intended for public use.
12. The mechanisms and devices necessary to satisfy people in the light, warmth and other benefits of civilization.
How to briefly describe common areas in an apartment building? What is included in their list? It contains everything that is located on the territory of the house and fulfills the task of creating comfortable conditions for its residents.
Features of common property
For places intended for use by different people, a number of signs are characteristic, namely:
- the need to use several or all of the rooms in the house;
- consideration in the form of a single object;
- performance of official functions.
Payments
What is the reason that common areas are allocated in a separate category? This is necessary to pay for their operation. Today, residents of apartment buildings are forced to pay money for common areas in an apartment building. What is included (the hostel is not considered by this scheme) in the utility bill? This includes lighting for public areas. Previously, there was no such line in the receipt.
However, reimbursement of expenses for electric energy in places used by more than one person was always made. The only difference today is the delimitation of the lines in the receipt. According to the procedure established by law, the costs of maintaining public places should be distributed according to the equity participation of participants in a cooperative or a tenant in an apartment building.
In the accounts for lighting of such premises there is a payment for:
- loss of electricity caused by imperfect wiring;
- light in the entrance;
- food for a specialized means of communication (intercom), which serves to prevent unauthorized persons into the entrance;
- an installed amplifier for a television antenna, which can be used by all residents of the house;
- Lighting basements and attics.
Suppose there is a collective meter at the entrance. It takes into account the energy spent in public places . The indications of such a device in kilowatts must be divided into all shared participants in collective real estate. Accounting is carried out according to the number of citizens who are registered in this house on the basis of personal property.
Features of communal housing
Living in the same apartment with neighbors who are completely strangers can hardly be comfortable. After all, each person has his own habits and a certain daily routine.
Life in a communal apartment is a constant quarrel over noise, various trifles, as well as public places. It is difficult even for adults to instill the idea that you just need to respect each other and follow certain agreements.
Places accessible to all residents
Anyone who lives in a multi-populated apartment has the same right as his neighbors to use the corridor and kitchen, toilet, hallway and bathroom. All these are common areas in a communal apartment. According to the general rule, residents have the right to occupy part of the above premises with furniture or other property according to their share of ownership.
How are common areas in a communal apartment used? The legislation does not contain a definition of this order. What to do in case of disputes between tenants? In such cases, issues are resolved in court.
Repairs
In what cases does a populated apartment need construction work? The need for repair is established by representatives of those organizations that service the house or manage it. Such a conclusion can be drawn by invited experts, called by the tenants of the apartment. After drawing up the inspection certificate and the final decision is made. If it is positive, then the next step is to draw up an estimate.
Payment for repairs is made by the residents. However, people are not always ready to contribute money for improving a common place in a non-residential building. Judicial practice suggests that if neighbors refuse to pay, you can take these costs on yourself. Cost recovery will be available a little later. To do this, you will need to submit the relevant documents to the court. After making a positive decision, the money will be returned to your wallet. Repair will be done on time, providing aesthetic pleasure.
Non-residential buildings
Common areas exist not only in houses inhabited by people. They are also in various shopping and administrative centers, public houses and other buildings in which shops, offices and warehouses are located.
Non-residential construction, as well as an apartment building, is not a separate object. This is a set of premises (offices, offices, etc.) that belong to an individual owner. Often such areas are rented out.
Common areas in a non-residential building Sometimes such premises are the property of the municipality, which transfers them to enterprises on the basis of economic management.
Multi-subject relationship
Who uses common areas in a non-residential building? The answer to this question is not easy. The fact is that in the management of a non-residential fund there is a multisubjectivity of relations.
The main users of such a building are:
- tenants;
- directly to the owners;
- credit organizations (banks, etc.);
- unitary enterprises;
- municipalities.
Owner Relations
How are common areas used in a non-residential building? Determining the legality of one or another relationship of owners is currently a complex and still developing institution.
In addition, the current practice of shared construction of buildings with non-residential purpose leads to the emergence of a huge number of owners. Their number is constantly growing in existing buildings. To date, the relations of owners have begun to go beyond civilian traffic. That is why this problem requires additional attention from the legislature.
Common areas
If an individual or legal entity owns a separate premise in a non-residential building, in any case, it will own a certain share of the common property located on the territory of the structure. What is included in this category? Common property in a non-residential building includes:
- premises necessary for servicing more than 1 building premises;
- landings;
- halls;
- stairs;
- elevator and other mines;
- corridors;
- technical floors;
- attics;
- roofs;
- basements with engineering equipment located in them;
- non-bearing and supporting structures;
- various kinds of equipment.
The right to shared ownership of public spaces belongs to those legal entities and individuals who bought one or more premises in the building. At the same time, a document certifying registration in the real estate register is required.
Civil Code of the Russian Federation in paragraph 1 of Art. 247 indicates that the use and possession of property in shared ownership is possible only by agreement with each of its participants. And if the parties did not come to a consensus? In such cases, a particular issue may be considered in a judicial proceeding. In making the decision, the court proceeds from the real possibility of the legal observance by the owners of sanitary-epidemiological and fire safety standards. The balance of economic interests of each of the parties must also be observed.
After determining the procedure for using and owning the common property of a non-residential building, obligatory legal relations arise between the owners. In addition, each of their participants has the right to legal requirements to fulfill certain conditions.
A special legal regime arises between the owners of premises in a non-residential building. Each of the parties needs to maintain more than one room. The court has the right to determine the schedule and frequency of use of such places, as well as their maintenance.