Apartment house

Apartment buildings ( insuli ) first appeared in ancient Rome .

In Europe, the practice of building multi-unit rental houses revived in the middle of the 17th century. The cost of renting apartments depended on the floor on which they were located: the higher, the cheaper ^[1] .

The establishment of capitalist relations from the beginning of the 19th century stimulated the construction of apartment buildings with apartments for rent.

In addition to apartment buildings for workers, in many European cities in the second half of the 19th century, houses with rental apartments for the middle class and upper class began to appear. By 1880 thanks to the advent of technical innovations such as an elevator , the popularity of this type of housing has increased significantly ^[1] .

Apartment buildings can have a very different number of floors. Depending on the ratio of the height and length of the building, apartment buildings are divided into long and dot. Point or tower houses have a greater height than length. As a rule, they have only one entrance .

Depending on how people get into apartments, houses are divided into several types.

Sectional houses - the house consists of several sections and, accordingly, porches. Each section has its own stairwell , possibly with an elevator . On each floor there is a landing , from which they enter the apartments.

Gallery houses - around the house or on one side of it there is a gallery with which they enter the apartments. One staircase is arranged, in extreme cases, two - at the ends. Such houses are usually found in areas with a fairly warm climate.

Corridor house - apartments enter the inner corridor. There are usually several stairwells, all leading to one common corridor.

An apartment building is a combination of two or more apartments that have independent exits either to a land plot adjacent to a residential building or to common areas in such a house. An apartment building contains elements of common property of the owners of premises in such a house in accordance with housing legislation. ^[2]

“Apartment” (as defined by the RF LC Part 3, Article 16): “An apartment is a structurally separate room in an apartment building, providing direct access to common areas in such a house and consisting of one or more rooms, as well as auxiliary rooms "the use intended to satisfy citizens of household and other needs related to their living in such a separate room."

The apartment building consists of:

• residential premises (apartments or rooms, if it is a hostel). Premises can belong on the right of ownership to both individuals and legal entities - private or public organizations.
• non-residential premises (as a rule, premises located on the ground floors of buildings and belonging to various legal entities or citizens).
• Other premises that are not parts of apartments and serving more than one room, including staircases, elevators, attics and basements, in which there is engineering equipment serving more than one room, enclosing and supporting structures, the land on which the apartment building is located and other common property of owners of premises in an apartment building .
• Engineering systems and communications.

A complete list of common property in an apartment building is individual for each type of building. For example, in some houses there is an elevator, in others there is not, one house is equipped with a smoke exhaust system and fire automatics, and the other is not due to low floors, etc. Houses up to 9 floors can be gasified, higher houses cannot. The list of common property in an apartment building in its most general form is specified in Article 36 of the Housing Code of the Russian Federation, a more detailed list of property that must be present in a multi-apartment building is specified in Decree of the Government of the Russian Federation of August 13, 2006 No. 491. In addition to the Housing Code Of the Russian Federation and Decrees of the Government of the Russian Federation the composition of the common property, specifically for the home, is determined by the residents themselves, local authorities and public authorities.

An apartment building as an object of real estate is the shared ownership of persons ^[3] - owners of premises in such a house. Equity property should be considered on the basis that their shares can be determined on the basis of the law ^[4] .

In other words, the share in the right of ownership of the common property in an apartment building is proportional to the area of ​​the premises of each specific owner ^[5] .

For example, the area of ​​all apartments in an apartment building is 4800 m², and commercial premises (shops, offices and others) - 200 m². Total: 5000 m². The owner of an apartment with an area of ​​100 m², or 2% of all areas in the house, owns 2% of the land registered for an apartment building, all sewer and water pipes, walls, beams, foundations and everything else that does not belong to anyone on ownership of this building.

It should be noted that, despite the share in the common ownership right, the owner of the premises (apartment or commercial premises) cannot allocate his share in kind ^[6] . This means that it will be unlawful for the owner of the apartment to say, and even more so, to take actions to seize part of the staircase or elevator, or to use the attic, roof, basement, or other premises related to the common property without the corresponding decision of the general meeting of owners of premises in the apartment building, for your goals - a pantry, a workshop or something else.

The management of an apartment building is carried out on the basis of an agreement (Article 162 of the Housing Code of the Russian Federation) ^[7] .

The owners of the premises use and dispose of the common property in an apartment building in accordance with the law. For example, everyone uses the garbage chute, water supply, heating, electricity and other communal benefits of a modern house, as well as common areas - corridors, porches and stairs - by the right of the owner, landlords provide this right to their tenants.

Using the premises and utilities, residents thereby wear them out, the so-called. normative (natural) depreciation and by the time specified by the technical documentation for the house, repairs and / or replacement of the object of use (conditionally, pipes or structures) should be made. This follows from the requirements of the Civil Code of the Russian Federation ^[8] and specifically from Article 39 of the LC RF.

The existing mechanism for managing and operating common property and enshrined in the Housing Code of the Russian Federation allows owners not to engage in tracking the timing of repairs and repairs of common property, but to hire specialized organizations licensed to carry out electrical work, inspection and further repair of supporting, supporting and other house structures.

In practice, this is realized in three ways ^[9] (through the general meeting of property owners):

• The conclusion of a management contract with the Managing Organizations is the easiest option for residents-owners.
• Creating HOA .
• Direct management of the owners of the premises in an apartment building.

In case of choice of HOA, the charter of this non-profit organization may provide for additional rights and obligations for members of HOA.

• Apartment
• Hotel

• Apartment building. Concept. Management of an apartment building. Legal regime of property.
• State registration of rights to real estate objects, which are common property in an apartment building.
• Registration of land plots under apartment buildings for state cadastral registration
• Judicial examination on the grounds of multi-family housing of an individual residential building