Unscrupulous neighbors and common property in non-residential buildings: how to protect your rights

Storerooms in MKD: types and legal status

Developers responded to market requests and began to develop apartment building projects or change existing ones so that citizens, along with living space, could also buy storage space. We figured out what the legal status of such premises is.

There are three options for placing storage rooms in apartment buildings:

• in the apartment;
• common areas;
• basements of apartment buildings, with the status of non-residential premises.

The legal status of storerooms in these options is different. Let's look at each of them.

Storage rooms in the apartment

In addition to living rooms, the apartment also has auxiliary rooms. These include kitchens, corridors, baths, toilets, built-in wardrobes, internal staircases and storage rooms. Such premises are part of the residential premises, and their area is included in the concept of “total area” (Part 5 of Article 15 of the Housing Code).

Since the storage rooms located in the apartment are included in its composition, their area should be taken into account both in calculating the payment for housing and communal services, and when counting votes at the general meeting of premises owners.

The courts also adhere to this position. For example, the Arbitration Court of the Krasnoyarsk Territory satisfied the claim of the heat supply organization and collected the debt for the heated area. At the same time, the court indicated that the total area of ​​residential premises should also include the area of ​​storage rooms. Only the area of ​​“cold” storerooms, in which there is no heating, is not taken into account. This is indicated by the resolution of the State Construction Committee of Russia dated October 12, 2000 No. 103 “On amendments to the Methodology for planning, accounting and calculating the cost of housing and communal services” (decision of the Arbitration Court of the Krasnoyarsk Territory dated October 14, 2009 No. A33-10136/2009).

Storage rooms in common areas

To arrange a storage room in common areas, you need to obtain the approval of at least 2/3 of the owners of the premises in the apartment building. This follows from paragraph 3 of part 2 of article 44, part 1 of article 45 of the Housing Code. If there is no such approval, the use of the common property of the apartment building is considered illegal.

Making a decision about arranging storage rooms in the prescribed manner and formalizing it correctly is not enough. It is also necessary to comply with fire safety regulations. For example, storerooms cannot be installed on stairwells and create difficulties for passage, limit the opening of doors, etc. The requirements for compliance with the fire safety regime are described in detail in Government Decree No. 390 dated April 25, 2012 “On the fire safety regime.” Violation of such requirements may become an independent basis for the dismantling of storage rooms. During the inspection, the Ministry of Emergency Situations will issue an order to eliminate the violations. If the organization managing the apartment building ignores this requirement, the inspectors will hold it accountable under Article 20.4 of the Administrative Code.

Residents typically do not incur additional utility fees for storage units in common areas. The exception is when electricity or plumbing is installed in the pantry. In such premises, it is necessary to establish a record of consumption of CG and establish a procedure for their payment.

The owners of the premises at the general meeting have the right to decide on the paid use of the common property of the apartment building. Then the resident who installed the pantry must pay a fee for such use.

About the types of premises and fees for storage rooms in the basement of apartment buildings owned by citizens

View all posts

The message was published by the user Vilkova Galina Nikolaevna 02/13/2017 at 14:08

State Duma

Applicant: Vilkova Galina Nikolaevna

Address: 680030, Khabarovsk, st. Sheronova, 6

sq. 42, tel. 8-924-202-19-50

About auxiliary premises (storage rooms) in apartment buildings

I am the owner of a utility storage room in the technical basement of the house, where utilities run and technical equipment is located.

During the construction of the house, the developer allocated part of the space in the basement of the house, surrounded it with a chain-link mesh and sold it to residents as auxiliary (utility) premises (storage rooms) for non-residential purposes. In fact, given the location of the storage rooms, they can only be used to store a bicycle, sled, and other household supplies. The technical basement ( according to the house passport) is an auxiliary room, a common property of the house.

In the design documentation, the above premises are referred to as storage rooms.

The apartment building also contains a number of other non-residential premises located on the ground floor of the house, in extensions to the house, and they are referred to in the design documentation, as well as in the technical passport for the house, as “ non-residential”.

Those. in the design and technical documentation it is divided: storage rooms are one type of premises, non-residential premises are another type of premises.

The Housing and Civil Codes do not contain concepts about auxiliary (utility) premises.

Is this currently a gap in legislation? After all, the codes were adopted in 2004-2005, when premises such as parking lots and storage rooms were not yet sold to citizens?

In our HOA, the amount of payment for the maintenance and repair of storage rooms located in the basement of the house is equal to the payment for residential premises (apartments) and non-residential (commercial purposes), i.e. shops, a clinic, a fitness club, a restaurant, also located in our apartment building, refer to the norms of the Housing Code of the Russian Federation.

The State Housing Supervision Authority of the region gives the following explanations: since the storage rooms in the basement of the house are non-residential premises, we must pay for them in proportion to our share according to the same rules as for residential premises, as well as non-residential premises for commercial purposes.

I consider this absurd due to the following circumstances.

According to building codes, “utility (auxiliary) premises – storage rooms – can be located in the basements of a house” (literally). And such premises as shops, clinics, etc. building codes are referred to as “Non-residential public premises”.

The differences between storage rooms and non-residential public premises are as follows:

the impossibility of existing non-residential public premises (pharmacy, store, restaurant, clinic, etc.) without a separate entrance. In contrast to our auxiliary room (storage room), the entrance to which is through a door to the basement common to all owners of the house, located at the end of the house, and not from the common entrance to the apartments;

- the impossibility of converting an auxiliary premises (storage room) into a residential premises intended for living (does not fall under Article 23 of the Housing Code, since it is located in the basement (unlike the opportunity provided for non-residential premises located on the ground floor of our apartment building and in the annexes To home);

— special sanitary, fire safety and hygienic requirements for non-residential public premises (as opposed to a technical basement);

- lack of natural sunlight in the basement of the house, in which auxiliary rooms (storage rooms) are located;

-increased level of humidity in the basement; the location of the basement and, accordingly, the auxiliary premises below ground level (in the registration certificate this is indicated by the icon “- I”, which means “below ground level by one floor”;

— features of determining the tax base, calculation and payment of taxes for non-residential public premises. Thus, according to Article 378.2 of the Tax Code of the Russian Federation, when determining the tax base, calculation and payment of taxes, the following indicator of the use of non-residential premises is taken into account: for commercial or non-commercial needs (- in contrast to the Housing Code of the Russian Federation);

— the condition of the basement in which the storage rooms are located: the building’s utility pipes, including sewerage, run through the storage rooms, which leads to flooding of the storage rooms;

- non-residential public premises (restaurant, store, clinic) receive heat, water, sewerage, electricity, ventilation, communications, television, i.e. receive all work and services that require operation, repair and maintenance of technical equipment (along with residential premises) that are part of the common property. While the operation of storage rooms in the basement does not require costs for the maintenance and repair of engineering equipment, wages for concierges, video surveillance, television, communication equipment, intercom, proper ventilation, etc. , and therefore the wages of many hired workers in the HOA. In the basement there is no washing of floors, whitewashing (painting) of walls, etc., because... the purpose of the basement (technical) does not require such work. In fact, no work is carried out for storage room owners at all. I emphasize: this is a technical basement, not a basement or even an ordinary basement.

In the basement, separate storage rooms were bought not only by the owners of apartments in the corresponding building, but also by citizens from other buildings. Such owners of storage rooms do not have common property in the apartment building, with the exception of a share of the area of ​​the technical basement (which, in addition to the owners of storage rooms, all owners of residential and non-residential premises of the house also have).

Owners of storage rooms do not have the opportunity to receive the same work and services that owners of non-residential commercial premises and owners of residential premises receive.

In addition to fees for the maintenance and repair of housing, there are also contributions for major repairs. In addition, the receipt for storage rooms includes a fee for general house water consumption and for heating hot water. Although we, the owners of storage rooms in the basement of the house, are not consumers of utilities, with the exception of electricity, i.e. "light bulbs in the basement."

Considering the above, I ask legislators to answer the following questions:

1. Taking into account the registration (I am attaching a certificate of ownership), please clarify: what type of premises does my storage room belong to: auxiliary, functional, utility?

2. Are the Homeowners' Association and Goszhilnadzor right in charging us, the owners of storage rooms in the technical basement of the house (with the condition described above), a fee for the maintenance and repair of the common property of the house, equal to the fee for residential premises and non-residential premises for commercial purposes?

To put it simply, does our storage room fall under the articles of the Housing Code and the Civil Code of the Russian Federation stating that all owners of premises in the house must pay a fee for the maintenance and repair of common property in proportion to their share, which is equal, according to explanations, to the square meters owned?

3. Does the HOA Meeting (house owners) have the right to establish different amounts of contributions for the maintenance and repair of common property (depending on the work and services they receive) for such categories of owners as:

- owners of residential premises; owners of non-residential premises;

- owners of storage rooms in the basement of the house

4. If we are not consumers of utility services as specified in Resolution No. 354), should we pay for the general consumption of hot and cold water?

5. Will there be an interpretation by legislators of the norms of the Housing Code of the Russian Federation in relation to such owners of premises in apartment buildings like us?

In some Moscow new buildings, according to design documentation, storage rooms are referred to as auxiliary premises.

And in our certificate they wrote: the purpose is non-residential. Hence all the difficulties.