The procedure and problems of changing the status of residential premises


The method of maintenance, rights and obligations of the owners of apartments located in the building depend on the status of the building.

What kind of house is considered an apartment building according to the Housing Code? A multi-apartment building is considered to be a building that contains two or more apartments.

It has a separate exit to common areas, as well as a common area of ​​land adjacent to the apartment building.

Housing Code

According to the Housing Code, the concept of an apartment building is a building of various layouts, number of floors and shapes. Management of apartment buildings is carried out according to the law, on the basis of an agreement.

In paragraph 1, art. 36 of the Housing Code of the Russian Federation, MKD is considered as real estate that is in common shared ownership. In addition to square meters, the owners own the land plot on which the house, engineering structures, and roofs are built.

This also includes premises that:

  • do not belong to apartments and are in common use (attics, basements, staircases, elevators);
  • are intended for holding events for home owners.

Who is the owner of an apartment building? The owners of the apartment building are the owners of the apartments located in this building.

According to paragraph 1, art. 37 of the Housing Code of the Russian Federation, the share of ownership of common property is proportional to the area owned by the owner of the apartment.

Types of MKD

Many people are interested in which buildings are considered apartment buildings in 2021. Such a building structure can be classified according to several criteria.

By purpose:

  • houses for permanent residence;
  • hostels for permanent or temporary residence.

According to construction materials:

  • panel;
  • brick;
  • monolithic;
  • mixed type.

The lifespan of the house depends on the materials. Panel buildings last 100-120 years, and brick and monolithic ones - up to 150 years.

By number of floors:

  • low-rise – up to 2 floors;
  • medium-rise – from 3 to 5 floors;
  • multi-storey - more than 6 floors;
  • high-rise buildings – 11-16;
  • high-rise - more than 16 floors.

By structure:

  • bellhops;
  • sectional;
  • blocked;
  • gallery;
  • mixed type.

By number of apartments:

  • semi-detached;
  • multi-apartment

Requirements for MKD

The basic requirements are specified in SNiP 31-01-2003, the regulations apply to:

  • building location;
  • altitude;
  • bearing structures;
  • apartments and common areas;
  • internal communications;
  • activities of organizations located in commercial premises of apartment buildings.

This document does not apply to mobile buildings and blocked buildings . According to Art. 49 of the Town Planning Code, a blocked building is a building of up to 3 floors, which consists of separate blocks, intended for the residence of several families.

Such a building has common walls between blocks without openings and a separate exit from each apartment to a common area.

Features of apartment buildings

MKDs differ from other residential buildings and have their own characteristics . Apartment buildings can be point or extended, depending on their height and length. There may be several entrances with a separate entrance. The height of dotted buildings is higher than their length; they often have one entrance.

MKD is divided into:

  1. Sectional. The house consists of entrances and sections, each of which has its own staircase. On the floors there is a landing from which people enter the apartments.
  2. Bellhops. Several staircases lead to a common corridor. The apartments can be accessed through an internal corridor.
  3. Gallery. Around the house or along one side of the building there is a gallery from where you can enter the apartments. There is usually only one staircase.

The features of an apartment building include objects located inside the building:

  1. Residential premises. This includes apartments in a residential building or dorm rooms that are owned by citizens or companies.
  2. Areas of the non-residential sector. Usually located on the first floor or in the zero sector.
  3. Areas for other purposes. This includes entrances, basements, attics, common corridors, staircases, and elevators.

In an apartment building:

  1. There are a large number of owners who are responsible for personal property and for the maintenance of common areas.
  2. Real estate is subject to wear and tear, and a lot of money is spent on maintenance and repairs. Residential and commercial premises do not exist without an owner, so repair and maintenance fees are charged in any case.
  3. Centralized communications, therefore it is impossible to limit resources to debtors in a single apartment, except for electricity.
  4. It is imperative to have a management organization that monitors and controls the supply of resources, proper care and technical condition of communications and structures.
  5. Financing comes not only from the owners’ funds, but also from the city budget.

Local area

Since maintaining a plot of land requires expenses from the owners, it is important to know what is considered the adjacent territory of an apartment building.

This is an adjacent plot of land around a residential building, which is assigned to it by town planning and land management organizations. The parameters, area and boundaries of the local area are indicated in the cadastral passport.

Local areas include:

  • emergency and fire passages;
  • children's and sports grounds;
  • clothes dryers;
  • parking lots.

The adjacent land is considered the property of the apartment building; its maintenance and operation is carried out at the expense of all apartment owners . Although owners receive the local area free of charge, it is considered a taxable property. It is often used at their own discretion, erecting a store instead of a park or playground.

What is duplex?

A duplex is a separate country house, divided into two sections, and having an appropriate layout. It is designed for comfortable living of two families. It's like two houses with a common wall and roof, but each has its own separate entrance. A duplex can be compared to residential properties such as a cottage or townhouse.

A significant difference between a duplex and other similar developments is that families who are related most often settle in them. This type of housing has especially appealed to American residents who want to live close to relatives and at the same time lead their own lives.

The layout of duplexes is comparable to townhouses in terms of the location of the premises and their similarity to each other in each section.

The main scheme is:

  • the location of the boiler room, bathroom, utility rooms, as well as the kitchen and living room (often combined into one space) on the ground floor,
  • on the second there are bedrooms, and there may also be an additional bathroom.

Now a new trend has been noticed in the layout of the duplex, when a third section appears, which is common to the other two, has entrances from both, and is at the complete disposal of all residents of the house. There may be a gym, a shared laundry room, a movie room, and utility rooms.

The advantage of this type of housing is its low price.

Apartment

In accordance with clause 3, art. 16 LCD of the Russian Federation, an apartment is a separate area, which consists of living rooms and premises for household needs.

According to the Residential Code, an apartment is a structurally separate premises . It may consist of one or more living rooms and utility areas for household and other needs of citizens.

The size of the apartment depends on the number of separate rooms. On the street side, it can be equipped with a balcony and have a protective fence. From the apartment you can also access the common areas.

Shared ownership

All apartments in the MKD are not only real estate, but also the shared ownership of the owners . It is determined by the area occupied by the owner. The owners also own the territory of the adjacent plot and structural elements.

For example, a citizen is the owner of an apartment with an area of ​​100 square meters. m and he owns 2% of the premises in the apartment building. He is also the owner of 2% of the land plot on which the apartment building is built. This includes sewerage and water supply systems, walls and partitions, foundations and other structural elements.

Despite the right to own common property, the owner of the apartment does not have the right to use the roof, attic, basement to equip a personal workshop or storage room there, or to seize the landing for his own purposes.

Engineering Communication

For each type of structure, the list of common property is determined individually. For example, some houses have an elevator, others do not. Or one building has an automatic fire safety and flue gas removal system, but others do not, due to the small number of floors.

In houses up to 9 floors there is a gas pipeline system. If the building is taller, it is prohibited by law to gasify it.

What do a duplex and a townhouse have in common?

Before deciding whether it is better to choose a townhouse or a duplex, you need to understand their general characteristics and distinctive features. When you first get acquainted with these residential real estate formats, you can see many features that unite them. It would be logical to assume that these houses are designed to create almost identical living conditions for city residents with minor nuances.

Highlighting the similar characteristics of duplexes and townhouses, it is worth noting that this property today is one of the most popular and convenient varieties. Over the years of existence on the market, their architectural appearance and internal layout have been improved, and projects have been developed focusing on the requirements of the modern consumer. Many experts believe that such houses represent the future of city construction. Thanks to the choice of a practical way to solve the housing problem for their owners, living conditions are created similar to symbiosis - a combination of the positive features of life in the city and the countryside. As a result, we see many similar objects:

  • the houses stand under one roof and are united by side walls;
  • each house is a full-fledged object that has its own separate entrance;
  • near the buildings there is a small plot of land on which a recreation area and front gardens are organized;
  • the number of rooms and their purpose in houses depends on the footage of the buildings and the chosen layout;
  • Living in such buildings requires a garage or private parking lot;
  • on 2- or less often 3-story buildings we will see mirrored or similar placement of rooms;
  • The houses united in one complex have a facade designed in the same style, which allows them to be perceived as one whole.

Modern townhouses and duplexes have large living spaces. They have a lot of light, and problems related to their public services fall on the shoulders of management companies. Many facilities install individual heating boilers. Meters installed in homes allow you to save water and electricity consumption.

The cost of construction of both duplexes and townhouses is much less than what can be stated during the construction of individual houses. And repair and finishing work in them is carried out in the absence of strict requirements.

Differences from a private house

According to Art. 48 of the Town Planning Code, a private house is a building up to 3 floors in height, intended for residence of only one family.

The apartment building is not limited by law in the number of floors and is designed to accommodate a large number of different families.

These buildings differ in the presence of common property. Private houses usually do not have elevators or common stairwells, and they are not managed by a homeowners association, organization or cooperative. Owners of their own home pay only for utilities, without paying for major repairs and maintenance of the housing stock.

Semi-detached house

Many owners are interested in whether a two-flat residential building is an apartment building? According to Decree of the Government of the Russian Federation No. 47 “On approval of the Regulations on the recognition of premises as residential premises”, an apartment building is a building in which there are two or more apartments with independent exits. Semi-detached houses are rare, but they are considered multi-family houses.

Dormitory

Is the hostel an apartment building? After the reconstruction of the dormitory, only privatized rooms can be classified as apartment buildings. Dorm rooms are the residential sector.

In order for the hostel to be called an apartment building, reconstruction and inventory are necessary, after which residents need to re-register documents and change all addresses.

Townhouse

Is a townhouse an apartment building? According to the law, the new format of residential premises is not an apartment building, since it is not an apartment building, but a blocked residential building.

In public areas, services are provided by the management organization, taking care of painting the facade or repairing the roof. An agreement for cold drainage and water supply is also concluded between the owner of the townhouse and the company.

So, an apartment building is a building in which there are two or more apartments that have a separate exit, as well as a common plot of land . The management organization monitors proper care and supply of resources.

How to choose an area for permanent residence?

We had two criteria

  1. It must be a house (townhouse);
  2. It should be close to the husband's work.

How we chose the area itself

  1. We studied Google maps and identified several areas for ourselves;
  2. We drove through them by car and walked along them.
  3. We asked our work colleagues what they thought about a particular area.

In the end, we chose the small town of Diemen in the suburbs of Amsterdam, two tram stops from the city, or ten minutes by bike to my husband’s work.

small town of Diemen in the suburbs of Amsterdam


small town of Diemen in the suburbs of Amsterdam

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