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.
Half-dead house: how municipal property is destroying private property
“...As for the dismantling of structural elements (window and door lintels, brickwork) of apartment No. 1, this measure cannot be carried out, since the elements of apartments No. 1 and No. 2 jointly carry the load-bearing load of the building. Dismantling the above elements in apartment No. 1 may affect the load-bearing capacity of the structures of apartment No. 2. As a result of a visual inspection, the structural elements are in satisfactory condition and do not pose a threat to life,” wrote Gleb Orlov, who at that time held the position of deputy head of the Kemerovo region.
The administration of the rural settlement carried out repairs - covered the intermediate wall with corrugated sheets to insulate it. The builders worked in the winter, says the owner, and that’s why they didn’t bring the steel sheet to the ground - the wall was blown at the joints, and it was cold in the room because of this.
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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Design options for semi-detached houses
Today, standard designs of semi-detached houses are becoming more and more popular. Standing o does not mean “banality” and “uniformity” at all. The main advantage of such developments is convenience and practicality, since these projects include those that are operated with the greatest success. For example, if 2-3 houses were built according to one design, and a year later all the owners began to complain about the low quality of the development, then they will no longer build residential premises according to this layout, and accordingly, it will never become standard.
A two-apartment house built according to a ready-made project absolutely does not imply a rectangular building with square windows. Undoubtedly, in such buildings there is nothing superfluous and absolutely non-standard, but this does not mean that the house looks somehow pretentious or banal.
Projects of semi-detached houses can be completely different. There are two main types: symmetrical and asymmetrical.
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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Method No. 1. Peaceful agreement
The best option to divide the house would be a peaceful agreement between the owners. In this case, the home ownership does not lose its status as an integral piece of real estate, it simply becomes shared ownership.
From a technical and legal point of view, this is the easiest way to remodel a house for two owners. In this case, the division of the house occurs on the basis of an oral agreement or written agreement between the owners. It is better to choose the second option and have the drafted agreement certified by a notary office. This will help avoid property disputes in the future.
Before dividing your home, include the following in your agreement:
- current costs of maintaining the house;
- Payment of utility services;
- procedure for operating common areas (kitchen, bath, toilet, corridor).
When concluding a peace agreement, do not forget about dividing the land. Although if you plan to live together in the future, then this item is optional.
If there are difficulties in determining the share of each owner, then the problem can be resolved through the court. However, this is not the best option. The judge will not take into account the interests of the owners, but will simply suggest a compromise solution that will suit each of the parties.
If a compromise is not reached, the legal battle could drag on indefinitely. In this case, allocating a share in kind is suitable. We'll look at this option a little later.
Even in case of agreement, the house must be divided into two separate living spaces. In some cases, this will require redevelopment of the building. Construction work must be legalized and an expert report must be obtained that the changes made to the design will not lead to the destruction of the house.
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.
Projects of symmetrical semi-detached houses
These buildings are a residential structure divided into two apartments. The name of this type comes from the fact that both apartments are absolutely mirrored from each other, or more precisely from the dividing wall, which is located, most often, in the middle of the house. In such buildings, only the roof is common. As for the adjacent areas, fences and entrances, they are separate - on different sides of the house.
Cadastral works will become cheaper
The possibility of sending notifications about the construction of residential buildings, the construction of which began before August 4, 2022, 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 2022 marketur 115
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Cultural references[edit]
- "Mr. James from the Suburbs", written and performed by Manfred Mann, is a satirical song about a lost love who marries a boring man from the suburbs. It was released in 1966 and reached number 2 in the UK charts.
- Interlocked Mock Tudor
is a live album from Richard Thompson. - "My Pink Half of the Gutter", written and performed by the Bonzo Dog Doo-Dah Band, satirizes good neighborliness and property ownership, referring to each family's practice of painting only the half of the downspout that runs down the center of the drain. dividing line between properties.
- "Wisemen" is a song written and performed by British artist James Blunt and is about three wise men having a "semi" on the seashore.
