The right to use residential premises has nothing to do with the right of ownership. But the restriction or withdrawal of the use of housing must be based solely on the law, since such a right was once granted.
The main legal acts on the use of someone else’s apartment are the Civil and Housing Codes. To defend your right to residence, you need to know where it comes from, how it ends and who is authorized to deprive it.
Ownership and use of residential premises - differences
The rightful owner of a home is its owner. There are two types of housing in Russia:
- private;
- municipal.
The owners of private housing are people or companies, and the owners of municipal housing are the state represented by municipalities.
In this case, the right of ownership can either be registered or not. When registering a right, a certificate of a special form is issued; now such certificates are yellow and pink; until 2003 they were green. This paper is the main document of the owner.
In addition to the certificate in form, there may be another one - an old one, issued in pre-perestroika times, but it is still valid to this day. Such papers were issued for land and houses, and warrants were issued for apartments.
Not all Russians have registered their right to apartments, and they are not trying to register it. After all, the right exists, it’s just not registered. For example, having paid off a share in a cooperative in full, the shareholder is already vested with ownership rights, and no one else has the right to encroach on this apartment.
It’s the same in villages, and even in city apartments - people live from generation to generation, actually accepting an inheritance, and do not think about going to Rosreestr.
Meanwhile, homeowners have the right not only to live in it, but also to dispose of it at their own discretion - to sell, exchange, rent out. They also have the right to register family members and relatives in the apartment. But this does not make relatives co-owners, only users.
For reference. The use of residential premises is simply living in an apartment with the permission of the owner, and it is based on the law.
Rules for living in apartment buildings
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Regulations
Rules for living in apartment buildings
1. Basic concepts
Rules – these Rules for living in multi-apartment residential buildings (hereinafter referred to as “Residential Buildings”) were developed in accordance with the Civil Code of the Russian Federation, the Housing Code of the Russian Federation, Rules for the Use of Residential Premises, Rules for the Maintenance of Common Property approved by the Government of the Russian Federation and other regulations.
2. Use of residential and non-residential premises
2.1. The rules of residence apply to all residents of an apartment building (owner, relatives, tenant, employees, guests or invitees).
2.2. The use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in this residential premises, fire safety requirements, sanitary, hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved by the Government of the Russian Federation.
2.3. Residential premises in the Residential Building are used exclusively for residential purposes.
2.4. Residents do not have the right to change the purpose of residential or non-residential premises owned by them, except in accordance with current legislation.
2.5. Keeping pets in a Residential Building is permitted subject to compliance with sanitary and hygienic rules and rules for keeping pets. Keeping animals, birds and bees on balconies and loggias is prohibited.
2.6. Pets can be walked on a leash in strictly designated areas.
2.7. Owners walking pets in the local area must immediately clean up their excrement (residents can receive hygiene bags for free from the Management Company).
2.8. It is prohibited to breed animals inside residential or non-residential premises for commercial purposes.
2.9. The resident is obliged to keep his residential or non-residential premises clean and tidy.
2.10. The resident is obliged to ensure the safety of residential and non-residential premises, take care of the occupied premises, sanitary and other equipment, comply with the rules for the use of residential and non-residential premises, fire safety rules, rules for the use of sanitary and other equipment.
2.11. It is prohibited to clutter balconies and loggias with things, equipment, etc., especially on the front side of the home.
2.12. Growing flowers and other plants is only possible inside a balcony or loggia. Watering plants should be done without harming those living on the floors below.
2.13. Drying clothes is also carried out only inside the balcony or loggia.
2.14. Throwing out garbage, cleaning rugs, linen, etc. is strictly prohibited. from windows, from balconies and loggias, as well as into the staircase and other common areas of an apartment building.
2.15. It is prohibited to throw ashes when smoking from windows, balconies and loggias.
2.16. It is prohibited to store explosive, toxic and other dangerous substances and objects on the premises of the Residential Building.
2.17. The procedure for renovating premises in a residential building:
2.17.1. Any reconstruction and redevelopment of premises is permitted in compliance with the requirements of the law in agreement with the local government, on the basis of a decision made by it with mandatory notification to the Management Company.
2.17.2. The following works are prohibited:
· on Sundays and public holidays;
· associated with noise, earlier than 9.00 and end later than 19.00;
· using equipment and tools that cause excess noise and vibration levels;
· without special measures to prevent leaks in adjacent rooms, the formation of cracks and destruction of walls and ceilings;
· with clutter and contamination of evacuation routes and other public places with construction materials and waste;
· using passenger elevators for transporting construction materials and waste.
2.17.3. A resident who wishes to carry out repairs to his premises, using the services of the Management Company, submits an application for this 10 days before the start of repairs.
2.17.4. A resident who has made unauthorized reconstruction of the premises is obliged to bring the premises to its previous condition at his own expense.
2.18. The noise level inside the premises should not exceed the values established by regulations. The use of televisions, radios, tape recorders and other loud-speaking devices is permitted only if the audibility is reduced to a degree that does not disturb the peace of other Residents. Silence must be maintained from 10 p.m. to 7 a.m.
2.19. Residents are required to allow representatives of the Management Company into the occupied premises to inspect the technical and sanitary condition of the premises, sanitary and other equipment located in it, as well as to carry out the necessary repair work.
2.20. If the Management Company fails to carry out preventive inspections and maintenance activities on the property and premises, the Resident bears full responsibility for possible damage to the property and health of 3 persons.
3. Use of common property in an apartment building
3.1. Residents are prohibited from:
· use attics, technical floors, ventilation chambers and other technical premises for organizing production areas, workshops, as well as storing products, equipment, furniture and other items;
· place storage rooms, kiosks, stalls, etc. in elevator halls;
· remove the design doors for emergency exits from floor corridors, halls, foyers, vestibules and staircases, and other doors that prevent the spread of fire hazards along evacuation routes. Make changes to space-planning solutions, as a result of which the conditions for the safe evacuation of people worsen, access to fire extinguishers, fire hydrants and other fire safety equipment is limited, or the coverage area of automatic fire protection systems is reduced;
· clutter doors, hatches on balconies and loggias, transitions to adjacent sections and exits to external evacuation stairs with furniture, equipment and other objects;
· clean premises and wash clothes using gasoline, kerosene and other flammable liquids and combustible liquids;
· arrange storage rooms (closets) in stairwells and floor corridors, as well as store things, furniture and other flammable materials under flights of stairs and on landings;
· install additional doors or change the direction of door opening (in deviation from the design) from apartments to a common corridor (to the staircase landing), if this interferes with the free evacuation of people or worsens the conditions for evacuation from neighboring apartments.
3.2. According to the decision of the owners, the installation of external units of air conditioners, television, satellite antennas and other devices on the roof, facade and loggias of buildings is not allowed. In accordance with clause 4.3.4. The maintenance and operation agreement requires agreement on the fact, place and time of installation of the external unit.
3.3. Common areas, as well as other common property in the house, are used to provide Residents with those services and only for the purposes for which they are intended. Their use for other purposes is not permitted.
3.4. Residents are required to comply with sanitary and hygienic rules: maintain cleanliness and order in the entrances, elevator cabins, staircases, local areas and other common areas; clean clothes, carpets, etc. in places determined by the Management Company.
3.5. It is allowed to post advertisements only in places determined by the Management Company.
3.6. Parking of vehicles is carried out in places specially designated for this purpose. Parking of vehicles on lawns, playgrounds, pedestrian paths, in areas where fire-fighting equipment is located and other places not intended for this purpose is not allowed. In the event of damage to common property in the house when using a vehicle, the owner of the vehicle is obliged to compensate at his own expense for the repair of damaged common property.
3.7. Vehicle washing and repairs are prohibited in all of the above locations.
3.8. The resident does not have the right to change the locks on the entrance doors and other common areas, or install additional doors or bars without notification and approval from the Management Company.
3.9. Residents are obliged to take care of the common property in an apartment building and prevent it from being damaged or polluted.
3.10. It is strictly prohibited to dump or store (including temporary) waste anywhere other than containers or storage areas specially installed for these purposes. Household waste may be thrown into a container, and payment for its removal is included in the list of utilities paid by Residents.
3.11. Removal of construction waste is paid by Residents additionally at the rates in force for the relevant period.
3.12. Residents are required to take care of amenities and green spaces, follow the rules for maintaining the local area, and prevent its pollution.
4. Resolution of emergency situations and other malfunctions of engineering equipment
4.1. If the Resident discovers a malfunction in the operation of plumbing, electrical or other equipment, it is necessary to immediately notify the Management Company.
4.2. If a malfunction of the equipment occurs as a result of negligence or other actions on the part of the Resident, the latter is obliged to pay for repairs of the equipment, which can be carried out either by the Management Company or by the Resident themselves by agreement of the parties.
4.3. The resident must adhere to the following rules when troubleshooting engineering equipment.
4.3.1. Indoor water leakage:
· shut off the flow of water into the faulty section of the pipe or pipeline; if it is not possible to stop the water leak, immediately notify the Management Company;
· wipe the floor to prevent water from penetrating into other rooms;
· do not open a faulty tap until it is repaired;
· Do not carry out repair work yourself.
4.3.2. Flooding of the premises from the outside:
Determine the source of flooding:
· if it is a roof, it is necessary to notify the Management Company about this and protect things from damage;
· if this is a premises located above your premises, immediately contact the owner of this premises to prevent leakage; in the absence of the owner of the premises, contact the Management Company.
4.3.3. Electrical fault:
· determine whether the electrical network is damaged only in your premises;
· notify the Management Company;
· If a major accident occurs in the premises, it is necessary to call the emergency service.
4.4. In the event of a danger to residential or non-residential premises in the absence of the Resident (equipment breakdown, fire or other emergency), the commission, which includes the Management Company, assumes responsibility in accordance with the Management Agreement concluded with the Resident.
4.5. Each Resident must comply with the following safety rules:
· do not leave the door of your premises open;
· do not leave cars unlocked;
· try to give fewer reasons to establish your absence from the premises;
· do not store valuables on the balcony or loggia;
· do not allow strangers to enter your home, beware of inviting strangers into your apartment without establishing their identity, if in doubt, report this to the police station;
· If you identify suspicious persons in your home, immediately notify the police or the Management Company.
4.6. For all questions that arise, the Resident must contact the Management Company.
5. Responsibility for non-compliance with the Rules
5.1. In case of non-compliance with the Rules, Residents are liable in accordance with current legislation. The document confirming the fact of violation of the rules is the Statement of Violation of the Rules of Residence (hereinafter referred to as the “Act”), drawn up by an authorized representative of the Management Company in the presence of two witnesses, who can be any persons, including employees of the Management Company.
5.2. Violation of the Rules of Residence, rules for the sanitary maintenance of common areas, staircases, elevators, entrances, adjacent areas, violation of the rules for the operation of residential buildings, residential and non-residential premises, engineering equipment, mismanagement of their maintenance, as well as unauthorized re-equipment and redevelopment of residential buildings, residential and non-residential premises, their use for other purposes, damage to residential buildings, residential and non-residential premises, their equipment and improvement facilities entails criminal and administrative liability in accordance with the legislation of the Russian Federation.
In case of non-compliance with the Rules of Residence by a Resident who is not the owner of this premises and evades responsibility, the owner of this premises, who provided it for rent, lease or use, bears responsibility.
How does the right of use arise?
Apart from the owner, anyone can live in the apartment according to these
reasons:
- moving in as a family member;
- under a social rental agreement (in non-privatized apartments);
- by order or contract, employees or employees of the owner (service housing);
- pupils or students (dormitories of universities or vocational schools);
- under a lease agreement (rented apartments);
- under a rent agreement (former owner);
- under a free use agreement;
- by testamentary refusal.
In this case, residents are registered in the apartment permanently or temporarily with the consent of the owner.
Important. A child can be registered without anyone’s consent at the place of residence of one of the parents .
Consulting housing and communal services/homeowners association/residential property management
Decree of the Government of the Russian Federation of January 21, 2006 N 25 “On approval of the Rules for the use of residential premises”
Decree of the Government of the Russian Federation of January 21, 2006 N 25 “On approval of the Rules for the use of residential premises” The text of the resolution was published in Rossiyskaya Gazeta of January 27, 2006 No. 16, in the Collection of Legislation of the Russian Federation of January 30, 2006, No. 5 Art. 546 By the decision of the Supreme Court of the Russian Federation of January 16, 2008 N GKPI07-1022, subparagraph “a” of paragraph 9 of these Rules was declared invalid to the extent that this norm requires the consent (in writing) of the landlord for the tenant to move into the property occupied by him under a social contract renting residential premises for your spouse, your children and parents
In accordance with Article 17 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides: 1. Approve the attached Rules for the use of residential premises. 2. Recognize as invalid: Resolution of the Council of Ministers of the RSFSR dated September 25, 1985 N 415 “On approval of the Rules for the use of residential premises, maintenance of a residential building and local area in the RSFSR and the Model Agreement for the rental of residential premises in houses of the state, municipal and public housing stock in RSFSR" (SP RSFSR, 1986, No. 2, Art. 10); subparagraphs “c” and “d” of paragraph 2 of the Decree of the Government of the Russian Federation of January 18, 1992 N 34 “On introducing amendments, additions and invalidating certain decisions of the Council of Ministers of the RSFSR on the regulation of housing legal relations” (SP RF, 1992, N 6, art. 31); paragraph 3 of Appendix No. 2 to Resolution of the Council of Ministers - Government of the Russian Federation of July 23, 1993 No. 726 “On invalidation and amendments to certain decisions of the Government of the Russian Federation in connection with the adoption of the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy” ( Collection of acts of the President and Government of the Russian Federation, 1993, No. 31, Article 2860).
Chairman of the Government of the Russian Federation M. Fradkov
Moscow January 21, 2006 N 25
Rules for the use of residential premises (approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25)
I. General provisions
1. These Rules determine the procedure for using residential premises of state and municipal housing funds, as well as residential premises owned by citizens in apartment buildings (hereinafter referred to as residential premises). 2. Residential premises are recognized as isolated residential premises, which are real estate and are suitable for permanent residence of citizens. 3. Residential premises are intended for the residence of citizens. 4. Placement of industrial production in residential premises is not permitted. Residential premises can be used by citizens legally residing there (along with residence) to carry out professional activities or individual entrepreneurial activities, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet. 5. The right to use residential premises has: the tenant of the residential premises (hereinafter referred to as the tenant) and members of his family - under a social tenancy agreement for residential premises; the tenant and citizens permanently residing with the tenant - under a rental agreement for residential premises of state and municipal housing funds for commercial use; the tenant and his family members - under a rental agreement for specialized residential premises; the owner of the residential premises and members of his family; a member of a housing or housing construction cooperative and members of his family. 6. The use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises, fire safety requirements, sanitary, hygienic, environmental and other legal requirements, as well as in accordance with these Rules.
II. Use of residential premises under a social tenancy agreement
7. The right to use residential premises under a social tenancy agreement arises on the basis of an agreement concluded (in writing) in accordance with the Model Social Tenancy Agreement for residential premises, approved by the Government of the Russian Federation. 8. In an apartment building, the tenant and his family members have the right to use the common property in this building. 9. As a user of residential premises, the tenant has the right:
By the decision of the Supreme Court of the Russian Federation of January 16, 2008 N GKPI07-1022, subparagraph “a” of paragraph 9 of these Rules was declared invalid to the extent that this norm requires the consent (in writing) of the landlord for the tenant to move into the property occupied by him under a social tenancy agreement living quarters of your spouse, your children and parents.
a) move other persons into the occupied residential premises. Move-in is carried out with the consent (in writing) of family members of the tenant, including those temporarily absent, and the landlord. The consent of other family members and the landlord is not required to move their minor children into the parents' home; b) with the consent (in writing) of the landlord and members of his family living together with the tenant, including those temporarily absent, part of the residential premises, and in the case of temporary departure, all residential premises for sublease on the terms established by the Housing Code of the Russian Federation; c) allow, by mutual agreement with family members living together with the tenant and with prior notification to the landlord, free residence in residential premises for citizens as temporary residents under the conditions established by the Housing Code of the Russian Federation; d) carry out, with the consent (in writing) of the landlord and members of his family living with the tenant, including those temporarily absent, the exchange of occupied residential premises for residential premises occupied under a social rental agreement for residential premises by another tenant, in the manner and on the terms, established by the Housing Code of the Russian Federation; e) demand from the landlord timely major repairs of the residential premises, proper participation in the maintenance of common property in the apartment building, as well as the provision of utilities. The employer has other rights provided for by law. 10. As a user of residential premises, the tenant is obliged to: a) use the residential premises for its intended purpose and within the limits established by the Housing Code of the Russian Federation; b) use the residential premises taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises; c) ensure the safety of the residential premises, prevent the performance of work in the residential premises or the commission of other actions leading to its damage; d) maintain the proper condition of the residential premises, as well as common areas in an apartment building (apartment), maintain cleanliness and order in the residential premises, entrances, elevator cabins, stairwells, and other common areas, ensure the safety of sanitary and other equipment equipment, as well as comply with the requirements of paragraph 6 of these Rules; e) immediately take possible measures to eliminate detected defects in the residential premises or sanitary and other equipment located in it, and, if necessary, report them to the landlord or the relevant management organization; f) carry out routine repairs of residential premises; g) pay rent for housing and utilities on time. The obligation to pay for residential premises and utilities arises from the moment of concluding a social tenancy agreement for residential premises in accordance with the law; h) inform the landlord, within the time frame established by the social tenancy agreement, about changes in the grounds and conditions affecting the use of the residential premises; i) allow, at a pre-agreed time, into the residential premises employees of the landlord or persons authorized by him, representatives of state control and supervision bodies to inspect the technical and sanitary condition of the residential premises, sanitary and other equipment located in it, as well as to carry out the necessary repair work ; j) not carry out reconstruction and (or) redevelopment of residential premises in violation of the established procedure; k) upon termination of the right to use residential premises, hand over to the lessor in good condition the residential premises, sanitary and other equipment located in it, pay the cost of repairs of the residential premises, sanitary and technical and other equipment located in it that were not carried out by the tenant, or carry out repairs at your own expense, as well as pay off debts for payment of housing and utilities. The employer bears other obligations provided for by law. 11. Family members of the tenant have equal rights to use the residential premises.
12. Specialized residential premises are intended: for the residence of citizens during work, service, training;
for temporary residence of citizens in connection with major repairs or reconstruction of a house; for temporary residence of citizens in connection with the loss of residential premises as a result of foreclosure on it; for temporary residence of citizens due to the unsuitability of residential premises for living as a result of emergency circumstances; for the residence of citizens who, in accordance with the law, are classified as citizens in need of social protection with the provision of medical and social services; for residence of citizens recognized as forced migrants and refugees; for temporary residence of citizens in need of special social protection; for residence of citizens in connection with election to elective positions or appointment to public office. 13. As a user of specialized residential premises, the tenant also uses the common property in an apartment building. 14. As a user of specialized residential premises, the tenant is obliged to: a) use the residential premises for its intended purpose and within the limits established by the Housing Code of the Russian Federation; b) use the residential premises taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises; c) ensure the safety of the residential premises, prevent the performance of work in the residential premises or the commission of other actions leading to its damage; d) maintain the proper condition of the residential premises, as well as common areas in an apartment building (apartment), maintain cleanliness and order in the residential premises, in entrances, elevator cabins, stairwells, and other common areas, ensure the safety of sanitary and technical equipment other equipment, as well as comply with the requirements of paragraph 6 of these Rules; e) immediately take possible measures to eliminate detected defects in the residential premises or sanitary and other equipment located in it, and, if necessary, report them to the landlord or the relevant management organization; f) carry out routine repairs of residential premises; g) pay rent for housing and utilities on time. The obligation to pay for residential premises and utilities arises from the moment of concluding a rental agreement for specialized residential premises in accordance with the law; h) allow, at a pre-agreed time, into the residential premises the employees of the landlord or persons authorized by him, representatives of state control and supervision bodies to inspect the technical and sanitary condition of the residential premises, sanitary and other equipment located in it, as well as to carry out the necessary repair work ; i) not carry out reconstruction and (or) redevelopment of residential premises in violation of the established procedure; j) upon termination of the right to use residential premises, hand over to the landlord in good condition the residential premises, sanitary and technical and other equipment located in it, according to the act, pay the cost of repairs of the residential premises, sanitary and technical and other equipment located in it that were not carried out by the tenant, or carry out repairs at your own expense, as well as pay off debts for payment of housing and utilities. The employer bears other obligations provided for by law. 15. When using specialized residential premises, the tenant does not have the right to exchange the occupied residential premises, or sublease it. 16. Members of the tenant’s family have equal rights and responsibilities for the use of specialized residential premises. IV. Use of residential premises in an apartment building by the owner of the residential premises and members of his family living with him
17. The owner of residential premises in an apartment building (hereinafter referred to as the owner) uses the residential premises for their intended purpose and within the limits established by the Housing Code of the Russian Federation. 18. As a user of residential premises, the owner also uses the common property in an apartment building. 19. As a user of residential premises, the owner is obliged to: a) use the residential premises for its intended purpose and within the limits established by the Housing Code of the Russian Federation; b) ensure the safety of living quarters; c) maintain the proper condition of the living space; d) bear the costs of maintaining the residential premises belonging to him, as well as participate in the costs of maintaining the common property in an apartment building in proportion to his share in the right of common ownership of the property by paying a fee for the maintenance and repair of the residential premises; e) make timely payments for the maintenance and repair of residential premises, including fees for services and work on managing an apartment building, maintenance, current and major repairs of common property in an apartment building, and fees for utilities. The owner bears other obligations provided for by law. 20. Members of the owner’s family have equal rights to use residential premises, unless otherwise established by agreement between the owner and members of his family. 21. Capable members of the owner’s family bear joint and several liability with the owner for obligations arising from the use of residential premises, unless otherwise established by agreement between the owner and members of his family.
V. Use of residential premises under a rental agreement for residential premises of state and municipal housing funds for commercial use
22. As a user of residential premises, the tenant has the right:
a) to move, by mutual agreement with the landlord and citizens permanently residing with the tenant, into the residential premises of other citizens as permanent residents of the tenant.
When moving in minor children, such consent is not required; b) allow, by mutual agreement with citizens permanently residing with the tenant, and with prior notification to the landlord, temporary residents to stay in the residential premises free of charge; c) sublease part or all of the residential premises with the consent of the landlord. 23. In an apartment building, the tenant and citizens permanently residing with the tenant under a lease agreement for residential premises of state and municipal housing funds for commercial use also use the common property of the apartment building. 24. As a user of residential premises, the tenant is obliged to: a) use the residential premises only for living; b) ensure the safety of living quarters; c) maintain the living space in proper condition; d) do not carry out reconstruction and reconstruction of residential premises without the consent of the landlord; e) pay rent for housing and utilities on time; f) carry out routine repairs of residential premises, unless otherwise established by the lease agreement for residential premises of state and municipal housing funds for commercial use. The employer bears other obligations provided for by law. 25. Citizens who permanently live with the tenant have equal rights to use residential premises. VI.
Liability for non-compliance with the Rules for the use of residential premises 26. Violation of these Rules entails liability in accordance with the law.
Use by family members
As soon as ownership is registered, according to Article 31 of the Housing Code, the owner can move in and register a family member in the apartment.
The Code defines family members as:
- owner's husband/wife;
- his children and parents;
- other persons (not even relatives) who are moved in as family members of the owner.
As mentioned earlier, the use of property is not its ownership at all, but users have responsibilities. Along with the owner, all residents are required to comply with the rules of residence:
- use the apartment only for living in it;
- preserve housing, do not destroy or damage property;
- pay your share of utility bills.
You can only deprive the right of use through a court if:
- family relations with the owner have ceased (official divorce);
- the owner sold the apartment (the residents are not family members of the new owner).
For reference. You can deprive the right of use in court for other reasons, for example, the tenant is an alcoholic and does not allow the owner to live in peace, destroys the apartment, does not pay bills (but there must be a court decision to collect utility bills from him).
The Ministry of Construction has revised the rules for using housing
The rules stipulate the rights and obligations of apartment owners, social renters of apartments (this is non-privatized housing), and tenants. They must use housing taking into account the rights of neighbors, ensure its safety, and prevent damage to common property in apartment buildings. They are required to maintain cleanliness and order in apartments, entrances, elevators, staircases and other areas of the house.
Thus, the owner has the right to use housing for its intended purpose and within the limits established by the Housing Code. That is, you can, for example, engage in professional activities in an apartment, but without violating the interests of neighbors and the requirements that the living space must meet. It is not allowed to open industrial production facilities, hotels, or engage in missionary activities in apartments. Owners must pay rent on time. Members of the owner's family use the premises equally with him, but also bear the same responsibility in case of any problems. Under a social tenancy agreement, the tenant has the right, with the consent of family members, to move a spouse, parents and children into the apartment (no one’s consent is required for moving in minors). You can move in other citizens, but with the consent of the municipality (and it has the right to disagree if each family member has living space below the norm established by local authorities). There are no such restrictions for homeowners. The housing tenant has the rights and obligations stipulated in the rental agreement, but subject to the requirements of the Housing Code (they are also not allowed to open hotels, be missionaries and disturb neighbors).
The rules were revised within the framework of the regulatory guillotine, notes Pavel Sklyanchuk, an expert at the ONF’s thematic platform “Housing and Urban Environment,” but they did not fundamentally change. This is a “framework” document that repeats the provisions of the Housing Code and a number of other laws.
The rules have added a new section on the use of housing under a rental agreement for social housing (the so-called non-commercial rental housing), some wording has been changed, but in essence there are no new provisions in them, says Nadezhda Kosareva, president of the Institute of Urban Economics Foundation.
These rules do not help residents avoid conflict situations between neighbors, says Sklyanchuk. The introduction of the concept of “Charter of an apartment building” would be of greater importance, he believes. In the bylaw, residents could specify the rules of residence for a specific house - for example, in tourist areas it could be allowed to make noise longer than usual, and residents of a new building could agree on what time repairs can be made.
The new rules will come into force in the spring of 2022 and will last for six years.
“In St. Petersburg, excursions on the roofs are very popular, from which the owners suffer losses. For example, it happens that tour guides break intercoms to get into the entrance. The building's bylaws would allow residents, for example, to charge a fee to allow sightseers onto the roof. Now they can’t do this,” says Sklyanchuk. However, the concept of “House Charter” does not yet exist in the legislation.
If the apartment is municipal
Haven't you privatized your apartment yet? So you are a user, but not
owner. During privatization, the apartment will be registered as the property of everyone registered in it, and while it is not yours, you are obliged to pay bills and maintain housing.
You can lose use of a municipal apartment in the following cases:
- leaving for another permanent place of residence;
- systematic violation of the rules of living in an apartment (non-payment of utilities for more than six months, destruction and damage to the apartment, communications, illegal redevelopment, violation of the rights of neighbors, use of the apartment for purposes other than residence);
- deprivation of parental rights (if the court finds that the parents do not have the right to live with the child).
Important. If one of the residents goes to live permanently in another place, the others do not lose the right to use the apartment.
Office, rental, rental and student accommodation
There is a contract for the use of residential premises. The terms of the contract are always fixed in writing, and the contract itself must be in the hands of both the owner of the premises and the user. In this case, the annuity agreement is registered in Rosreestr. The lease agreement must also be registered if its term is longer than a year.
The following have the right to use housing:
- workers or employees (for the duration of service or work);
- pupils and students (for the duration of study);
- tenants (for the duration of the lease agreement);
- rent recipients (either for the duration of the contract or for life).
If the terms of the contract are not met, you can legally lose the right to use such housing.
Documents Statistics on documents and execution of orders
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
dated January 21, 2006 No. 25
Moscow
On approval of the Rules for the use of residential premises
(As amended by Decree of the Government of the Russian Federation dated November 7, 2019 No. 1417)
In accordance with Article 17 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:
1. Approve the attached Rules for the use of residential premises.
2. To recognize as invalid:
Resolution of the Council of Ministers of the RSFSR dated September 25, 1985 No. 415 “On approval of the Rules for the use of residential premises, maintenance of a residential building and local area in the RSFSR and the Standard Agreement for the rental of residential premises in houses of the state, municipal and public housing stock in the RSFSR” (SP RSFSR, 1986, No. 2, Art. 10);
subparagraphs “c” and “d” of paragraph 2 of the Decree of the Government of the Russian Federation of January 18, 1992 No. 34 “On introducing amendments, additions and invalidating certain decisions of the Council of Ministers of the RSFSR on the regulation of housing legal relations” (SP RF, 1992, No. 6, art. 31);
paragraph 3 of Appendix No. 2 to the Resolution of the Council of Ministers - Government of the Russian Federation of July 23, 1993 No. 726 “On invalidating and amending certain decisions of the Government of the Russian Federation in connection with the adoption of the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy” ( Collection of acts of the President and Government of the Russian Federation, 1993, No. 31, Article 2860).
Chairman of the Government of the Russian Federation M. Fradkov
APPROVED by Decree of the Government of the Russian Federation of January 21, 2006 No. 25
RULES for the use of residential premises
(As amended by Decree of the Government of the Russian Federation dated November 7, 2019 No. 1417)
I. General provisions
1. These Rules determine the procedure for using residential premises of state and municipal housing funds, as well as residential premises owned by citizens in apartment buildings (hereinafter referred to as residential premises).
2. Residential premises are recognized as isolated residential premises, which are real estate and are suitable for permanent residence of citizens.
3. Residential premises are intended for the residence of citizens.
4. Residential premises may be used by citizens legally residing there (along with residence) for professional activities or individual entrepreneurial activities, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet.
It is not allowed to locate industrial production facilities or hotels in residential premises, as well as to carry out missionary activities in residential premises, except for the cases provided for in Article 16 of the Federal Law “On Freedom of Conscience and Religious Associations”. Residential premises in an apartment building cannot be used to provide hotel services.
(Clause as amended by Decree of the Government of the Russian Federation dated November 7, 2019 No. 1417)
5. The right to use residential premises has:
the tenant of the residential premises (hereinafter referred to as the tenant) and his family members - under a social tenancy agreement for residential premises;
the tenant and citizens permanently residing with the tenant - under a rental agreement for residential premises of state and municipal housing funds for commercial use;
the tenant and his family members - under a rental agreement for specialized residential premises;
the owner of the residential premises and members of his family;
a member of a housing or housing construction cooperative and members of his family.
6. The use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises, fire safety requirements, sanitary, hygienic, environmental and other legal requirements, as well as in accordance with these Rules.
II. Use of residential premises under a social tenancy agreement
7. The right to use residential premises under a social tenancy agreement arises on the basis of an agreement concluded (in writing) in accordance with the Model Social Tenancy Agreement for residential premises, approved by the Government of the Russian Federation.
8. In an apartment building, the tenant and his family members have the right to use the common property in this building.
9. As a user of residential premises, the tenant has the right:
a) move other persons into the occupied residential premises. Move-in is carried out with the consent (in writing) of family members of the tenant, including those temporarily absent, and the landlord. The consent of other family members and the landlord is not required to move their minor children into the parents' home;
b) with the consent (in writing) of the landlord and members of his family living together with the tenant, including those temporarily absent, part of the residential premises, and in the case of temporary departure, all residential premises for sublease on the terms established by the Housing Code of the Russian Federation;
c) allow, by mutual agreement with family members living together with the tenant and with prior notification to the landlord, free residence in residential premises for citizens as temporary residents under the conditions established by the Housing Code of the Russian Federation;
d) carry out, with the consent (in writing) of the landlord and members of his family living with the tenant, including those temporarily absent, the exchange of occupied residential premises for residential premises occupied under a social rental agreement for residential premises by another tenant, in the manner and on the terms, established by the Housing Code of the Russian Federation;
e) demand from the landlord timely major repairs of the residential premises, proper participation in the maintenance of common property in the apartment building, as well as the provision of utilities.
The employer has other rights provided for by law.
10. As a user of residential premises, the tenant is obliged to:
a) use the residential premises for their intended purpose and within the limits established by the Housing Code of the Russian Federation;
b) use the residential premises taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises;
c) ensure the safety of the residential premises, prevent the performance of work in the residential premises or the commission of other actions leading to its damage;
d) maintain the proper condition of the residential premises, as well as common areas in an apartment building (apartment), maintain cleanliness and order in the residential premises, entrances, elevator cabins, stairwells, and other common areas, ensure the safety of sanitary and other equipment equipment, as well as comply with the requirements of paragraph 6 of these Rules;
e) immediately take possible measures to eliminate detected defects in the residential premises or sanitary and other equipment located in it, and, if necessary, report them to the landlord or the relevant management organization;
f) carry out routine repairs of residential premises;
g) pay rent for housing and utilities on time. The obligation to pay for residential premises and utilities arises from the moment of concluding a social tenancy agreement for residential premises in accordance with the law;
h) inform the landlord, within the time frame established by the social tenancy agreement, about changes in the grounds and conditions affecting the use of the residential premises;
i) allow, at a pre-agreed time, into the residential premises employees of the landlord or persons authorized by him, representatives of state control and supervision bodies to inspect the technical and sanitary condition of the residential premises, sanitary and other equipment located in it, as well as to carry out the necessary repair work ;
j) not carry out reconstruction and (or) redevelopment of residential premises in violation of the established procedure;
k) upon termination of the right to use residential premises, hand over to the lessor in good condition the residential premises, sanitary and other equipment located in it, pay the cost of repairs of the residential premises, sanitary and technical and other equipment located in it that were not carried out by the tenant, or carry out repairs at your own expense, as well as pay off debts for payment of housing and utilities.
The employer bears other obligations provided for by law.
11. Family members of the tenant have equal rights to use the residential premises.
III. Use of residential premises under a rental agreement for specialized residential premises
12. Specialized residential premises are intended:
for residence of citizens during work, service, training;
for temporary residence of citizens in connection with major repairs or reconstruction of a house;
for temporary residence of citizens in connection with the loss of residential premises as a result of foreclosure on it;
for temporary residence of citizens due to the unsuitability of residential premises for living as a result of emergency circumstances;
for the residence of citizens who, in accordance with the law, are classified as citizens in need of social protection with the provision of medical and social services;
for residence of citizens recognized as forced migrants and refugees;
for temporary residence of citizens in need of special social protection;
for residence of citizens in connection with election to elective positions or appointment to public office.
13. As a user of specialized residential premises, the tenant also uses the common property in an apartment building.
14. As a user of specialized residential premises, the tenant is obliged to:
a) use the residential premises for their intended purpose and within the limits established by the Housing Code of the Russian Federation;
b) use the residential premises taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises;
c) ensure the safety of the residential premises, prevent the performance of work in the residential premises or the commission of other actions leading to its damage;
d) maintain the proper condition of the residential premises, as well as common areas in an apartment building (apartment), maintain cleanliness and order in the residential premises, in entrances, elevator cabins, stairwells, and other common areas, ensure the safety of sanitary and technical equipment other equipment, as well as comply with the requirements of paragraph 6 of these Rules;
e) immediately take possible measures to eliminate detected defects in the residential premises or sanitary and other equipment located in it, and, if necessary, report them to the landlord or the relevant management organization;
f) carry out routine repairs of residential premises;
g) pay rent for housing and utilities on time. The obligation to pay for residential premises and utilities arises from the moment of concluding a rental agreement for specialized residential premises in accordance with the law;
h) allow, at a pre-agreed time, into the residential premises the employees of the landlord or persons authorized by him, representatives of state control and supervision bodies to inspect the technical and sanitary condition of the residential premises, sanitary and other equipment located in it, as well as to carry out the necessary repair work ;
i) not carry out reconstruction and (or) redevelopment of residential premises in violation of the established procedure;
j) upon termination of the right to use residential premises, hand over to the landlord in good condition the residential premises, sanitary and technical and other equipment located in it, according to the act, pay the cost of repairs of the residential premises, sanitary and technical and other equipment located in it that were not carried out by the tenant, or carry out repairs at your own expense, as well as pay off debts for payment of housing and utilities.
The employer bears other obligations provided for by law.
15. When using specialized residential premises, the tenant does not have the right to exchange the occupied residential premises, or sublease it.
16. Members of the tenant’s family have equal rights and responsibilities for the use of specialized residential premises.
IV. Use of residential premises in an apartment building by the owner of the residential premises and members of his family living with him
17. The owner of residential premises in an apartment building (hereinafter referred to as the owner) uses the residential premises for their intended purpose and within the limits established by the Housing Code of the Russian Federation.
18. As a user of residential premises, the owner also uses the common property in an apartment building.
19. As a user of residential premises, the owner is obliged:
a) use the residential premises for their intended purpose and within the limits established by the Housing Code of the Russian Federation;
b) ensure the safety of living quarters;
c) maintain the proper condition of the living space;
d) bear the costs of maintaining the residential premises belonging to him, as well as participate in the costs of maintaining the common property in an apartment building in proportion to his share in the right of common ownership of the property by paying a fee for the maintenance and repair of the residential premises;
e) make timely payments for the maintenance and repair of residential premises, including fees for services and work on managing an apartment building, maintenance, current and major repairs of common property in an apartment building, and fees for utilities.
The owner bears other obligations provided for by law.
20. Members of the owner’s family have equal rights to use residential premises, unless otherwise established by agreement between the owner and members of his family.
21. Capable members of the owner’s family bear joint and several liability with the owner for obligations arising from the use of residential premises, unless otherwise established by agreement between the owner and members of his family.
V. Use of residential premises under a rental agreement for residential premises of state and municipal housing funds for commercial use
22. As a user of residential premises, the tenant has the right:
a) to move, by mutual agreement with the landlord and citizens permanently residing with the tenant, into the residential premises of other citizens as permanent residents of the tenant. When moving in minor children, such consent is not required;
b) allow, by mutual agreement with citizens permanently residing with the tenant, and with prior notification to the landlord, temporary residents to stay in the residential premises free of charge;
c) sublease part or all of the residential premises with the consent of the landlord.
23. In an apartment building, the tenant and citizens permanently residing with the tenant under a lease agreement for residential premises of state and municipal housing funds for commercial use also use the common property of the apartment building.
24. As a user of residential premises, the tenant is obliged:
a) use the residential premises only for living;
b) ensure the safety of living quarters;
c) maintain the living space in proper condition;
d) do not carry out reconstruction and reconstruction of residential premises without the consent of the landlord;
e) pay rent for housing and utilities on time;
f) carry out routine repairs of residential premises, unless otherwise established by the lease agreement for residential premises of state and municipal housing funds for commercial use.
The employer bears other obligations provided for by law.
25. Citizens who permanently live with the tenant have equal rights to use residential premises.
VI. Responsibility for non-compliance with the Rules for the use of residential premises
26. Violation of these Rules entails liability in accordance with the law.
____________
Testamentary refusal
It is easier to explain this concept using an example: a grandfather lived in an apartment with his partner. After his death, the apartment passed to his grandson in his will. However, it turned out that the grandfather’s will directly stated that the cohabitant has the right to use the apartment either for life or for a specified period of time. This is a testamentary refusal.
This right is enshrined in Article 33 of the Housing Code. In this case, the right to use in this mode can be registered in Rosreestr.
For reference. If the apartment is sold by the grandson, the cohabitant will still have the right to live in it.
Agreement for free use of residential premises
This is a special type of agreement; it does not oblige the user to pay anything for living in the apartment. This relationship between the user and
by the owner of the property are described in Chapter 36 of the Civil Code. In this case, the terms of the agreement are mentioned:
- the lender is the owner of the apartment;
- the borrower is the user.
The contract must indicate:
- full passport data of both parties to the contract;
- rights and obligations of the parties;
- term of the contract.
a sample agreement for the free use of residential premises here .
You can lose use of such an agreement early in the following cases (Article 698 of the Civil Code):
- if the apartment is not used for living;
- if the tenant spoils the furnishings or communications and does not monitor the maintenance;
- if he does not pay utilities (this condition must be clearly stated in the contract).
There may be other grounds for eviction, such as renting to outsiders.
Recognition of the right to use residential premises
Let us remind you that disputes regarding the use of housing are resolved exclusively in court. In this case, the court is not a magistrates’ court, but a city or district court. Such claims are considered for a state fee of 300 rubles.
The subject of the claim in such cases is either recognition of the right to use or recognition of the loss of such a right. How can such a dispute arise?
Example of a dispute
According to the social rent agreement, the citizen was provided with an apartment. After living there for some time, the citizen got married and moved his wife into the apartment, but the social tenancy agreement was not renewed. However, according to the law, a wife who moves into a municipal apartment as a family member already has the same rights as her husband. If her husband wants to evict her, or dies, she needs to go to court to defend the right to use the apartment.
A claim for recognition of the right to use residential premises is written quite simply, using this type . But if your situation is ambiguous, it is better to contact a lawyer or a competent lawyer, because each case is individual. And losing the case means losing the right to use the residential premises.
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The Basic Law of the country guarantees each of us the right to housing (Article 40 of the Constitution of the Russian Federation). However, this guarantee is connected, first of all, with the obligation to protect the legal owner from claims to his home, rather than with the guaranteed provision of housing (Article 25 of the Constitution of the Russian Federation, Articles 1.3 of the Housing Code).
The principle of the inviolability of housing and the inadmissibility of arbitrary termination of housing rights is one of the constitutional principles of Russian legislation. This principle is supplemented by the provisions of housing legislation, according to which “no one can be evicted from a residential premises or limited in the right to use it, except on the grounds and in the manner provided for by the Housing Code of the Russian Federation, other federal laws (Part 4 of Article 3 of the Housing Code of the Russian Federation ). In other words, the state undertakes to protect not only the owners, but also persons entitled to use residential premises from illegal legal claims.
The topic of this publication is to highlight the peculiarities of registering transactions with residential premises, in the content of which the parties include as an essential condition the indication of persons who have the right to reside in the alienated apartment along with the new owner.
Since the validity of a transaction (the possibility of being subsequently recognized as invalid or void) directly depends on the actual essence of legal facts, this point must be checked thoroughly. To begin with, we should recall the important conditions, compliance with which ensures the validity of the transaction. First, the mandatory form for transactions with residential premises is a written form of agreement (both notarial and simple). Secondly, transactions with residential premises are subject to mandatory state registration (Article 131 of the Civil Code of the Russian Federation). Third, state registration may be refused if the terms of the transaction do not comply with the law or do not ensure compliance with it.
So, it may be quite possible to have a situation where the parties reached an agreement and fulfilled their obligations, but there were no changes in the legal status of the parties. Specific subjects of civil legal relations reached an agreement on certain conditions that seemed understandable to them: on the transfer of the right to residential premises from one person to another, they actually redistributed the real estate, but the purchaser under the contract never became the owner, because the registering authority refused him state registration. A justified reason for this may be the following: the agreement of the parties, during the legal examination, was recognized by the state registrar as not concluded. Let me remind you that an agreement for the purchase of residential premises is considered concluded not when the parties have reached an agreement on all essential issues and “conditions” (Article 432 of the Civil Code of the Russian Federation), but from the moment of state registration of such an agreement (Article 558 of the Civil Code of the Russian Federation). Accordingly, the transfer of the right to residential premises is considered to have taken place at the time of state registration of the transaction (Article 223 of the Civil Code of the Russian Federation), and not from the moment the premises are transferred from hand to hand. A transaction is considered failed if state registration is refused. There is a situation in which the reality of the transfer of the right to housing depends not only on the fulfillment by the parties of the obligations assumed under the transaction (transfer of property, payment, etc.), but also depending on the parties’ compliance with the requirements and procedures prescribed by law. In this case, the rule formulated in Art. 209 of the Civil Code of the Russian Federation, which states that the owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons.
In other words, any action of the owner (including the disposal of property during a transaction) is doomed to be prohibited if it violates the law or the legal rights of other participants in legal relations. The owner has the right to enter into transactions for the alienation of property belonging to him. The most common transactions with housing include purchase and sale, barter and donation. The law (Articles 552, 554, 555, 558,567 of the Civil Code of the Russian Federation) includes the requirements for defining the subject, price, simultaneous transfer of a residential property with the transfer of rights to a land plot in the contract, as well as indications in the text agreement for a list of persons retaining the right to use the premises on an equal basis with the purchaser.
It is quite obvious that the condition to maintain residence in the alienated residential premises concerns, first of all, third parties or persons. As a rule, this condition is based on the existence of certain obligations of the seller to third parties (persons) and these obligations, by agreement of the parties to the transaction, are assigned to the new owner of the residential premises. Only in some cases, the condition to retain the right of use (residence) may concern the seller (if the transaction is made between members of the same family).
It is justified and legal for the parties to the transaction to include the following subjects of housing legal relations in the list of users of the premises: 1) the legatee under a testamentary refusal; 2) the tenant of the alienated residential premises; 3) a former family member of the owner of privatized housing, who refused to exercise his right to privatize the residential premises and retained the right to use the premises indefinitely; 4) any other individual installed as a member of the buyer’s family.
Let us consider in order the above cases of retention of the right to use residential premises by various entities after the transfer of the right to this premises.
1. Preservation of the right of use by testamentary refusal. A citizen living in residential premises provided to him by testamentary refusal (legatee) is not deprived of this right when the owner changes within the period specified by the will (as a rule, this period is set for life). The buyer of residential premises must be aware of this and agree to enter into a transaction for the purchase of housing taking into account this circumstance. The legatee has the right to demand state registration of his right to use residential premises, based on a testamentary refusal (Article 33 of the Housing Code of the Russian Federation). Such a limited real right is registered in the Unified State Register of Rights in the form of an encumbrance on an object of right (residential premises), in the same way as the right of residence belonging to the annuitant is registered - on the basis of a lifelong maintenance agreement with dependents (Article 34 of the RF Housing Code). When registering a transaction, the essential condition of which is the preservation of the rights of the legatee, the presentation of a document (will) giving rise to these rights, or a notarized copy thereof, is mandatory.
2. Right based on the rental agreement. When concluding a rental agreement for residential premises (both social and private), the owner may be limited or even deprived of the right to use the premises, depending on the conditions included by the parties in the rental agreement. According to Art. 675 of the Civil Code of the Russian Federation, the transfer of ownership of residential premises occupied under a lease agreement does not entail a change or termination of the agreement. In such cases, the contract for the alienation of residential premises must contain an essential condition - a list of users, which includes the tenant and all persons permanently residing with him. It is clear that this condition is limited by the term and conditions of the lease agreement previously concluded with the previous owner. It is quite obvious that the purchaser of this premises should know about the right to use residential premises based on a lease agreement. The terms of the lease agreement must be known to the buyer, since both the obligations and rights under this agreement are transferred to him under the transaction, and he becomes the lessor. The law does not provide for the registration of a residential lease agreement as an encumbrance on an object of right, but this does not deprive the state registrar of the opportunity to make a special note about the existence of such an encumbrance. When state registration of a transaction for the purchase and sale of residential premises with the condition of preserving the rights of the tenant, a lease agreement detailing the obligations of the parties must be submitted for registration and a copy of such an agreement must be placed in the file of title documents.
3. Rights of persons who refused to participate in privatization. The right to indefinite residence in a residential premises is retained by the member(s) of the owner’s family if this premises has been privatized, and at the time of privatization of this residential premises, this family member lived and had equal rights to use this premises with the person who privatized it (Art. 19 of Law No. 198 Federal Law of December 29, 2004). This right is also reserved for the former family member of the owner of the privatized home. Accordingly, in the event of transfer of the right to privatized housing, paragraph 2 of Article 292 of the Civil Code of the Russian Federation cannot be applied. The Plenum of the Supreme Court of the Russian Federation, in Resolution No. 14 dated July 2, 2009, summarizing the judicial practice of applying the provisions of the Housing Code, indicated the existence of rights of users of privatized residential premises. The court explained that “... the former family members, giving their consent to the privatization of the premises occupied under a social tenancy agreement, without which it would have been impossible, proceeded from the fact that the right to use this premises would be of an indefinite nature. Consequently, it must be taken into account when transferring ownership of residential premises on the appropriate basis to another person (for example, purchase - sale, exchange, donation, rent, inheritance)." Accordingly, taking into account this circumstance, the state registrar, when conducting a legal examination of documents on transactions with privatized premises, must take into account the rights of possible users. If he (the state registrar) does not do this, the acquirer will face negative consequences. The new owner cannot evict former family members of the seller of the residential premises from the residential premises if they renounced their right to shared ownership at the time of privatization of this premises. Thus, if the seller concealed the fact of the existence of the rights of use of third parties, the buyer does not have the right to demand the eviction of these persons from the premises, but he has the right to file a claim in court to declare the transaction invalid as made under the influence of misconceptions regarding the consumer qualities of the purchased object ( Articles 168, 178 of the Civil Code of the Russian Federation).
So, former family members of the owner of privatized housing are endowed with an indefinite right to use residential premises, the privatization of which they at one time refused.
4. The rights of use of persons moving in as family members of the new owner of the residential premises. When drawing up contracts for the purchase and sale of housing, the parties to the transaction do not need to mention members of the buyer’s family as persons retaining the right to use the premises. Firstly, this right is guaranteed and protected by law (clause 2 of Article 31 of the Housing Code of the Russian Federation, the owner of a home does not have the right to prohibit members of his family from using the premises.), secondly, the process of the emergence of family and marital ties is particularly dynamic and unpredictable. However, in a situation where a purchase and sale transaction is concluded between members of the same family, it seems useful to mention in the contract the condition that the former owner (the seller and at the same time a family member) retain the right of residence. In this case, this condition is essential both by law and by contract. We should not forget that the owner of a residential premises, being bound by a legal obligation to respect the right of his family members to use this premises, can limit these rights. The limits of this right may be detailed by joint agreement. Such an agreement may detail the right to use by specifying specific isolated premises, conditions for the consumption of utilities and other conditions. A purchase and sale agreement, which contains, in addition to the essential conditions associated with the acquisition, also conditions detailing the procedure for using the premises for the former owner (seller), will fully comply with the requirements of civil, housing and family legislation.
Chief specialist-expert
State Registrar Kovalev S.A.
