Who should do repairs in public housing. Renovation of a tenant's non-privatized apartment: at whose expense the replacement of windows and pipes? Do I have to pay for major repairs if the apartment is not privatized

It is no secret that residential real estate, be it an apartment or a house, must be maintained, paid taxes, invested in maintaining it in good condition, renovations (current and capital). Russian legislation, as well as foreign legislation, places the burden of maintaining private property on the one who owns it; that is, the rule applies - whose apartment is the one who pays.

Municipal apartment: rights and obligations of residents

Despite the housing privatization program, which lasted for Russian Federation not the first decade, there are still a lot of apartments owned by municipalities (municipal housing).

Such apartments are of several types:

Provided for those in need of housing on general conditions under a social employment contract;
Provided to persons who, for any reason, are forced to alienate their residential premises to the municipality;
Reserve housing, owned by the municipal authorities, provided to citizens for temporary residence for up to two years (for example, during the repair of emergency housing, etc.);
Municipal real estate provided by a civil servant (municipal employee) for the duration of their duties.

Most of the municipal housing, of course, is made up of apartments that are leased to citizens for rent. In accordance with the Civil and Housing Codes, social tenancy agreements are concluded between individual citizens and the owner municipalities, and apartments are transferred for temporary use.

Families living on social rent and citizens (tenants) are not the owners of the apartment, and have no right to bequeath it, sell it, leave it by inheritance, otherwise the list of tenants' rights is quite wide. These rights are defined in Art. 154

Housing Code and include:

The ability to bring other people into the apartment (taking into account the standard of living space for one person). Moreover, children and spouses can be accommodated (registered) without regard to such a standard.
To sublet an apartment (or part of it), that is, on a contractual basis, let tenants (tenants) in in accordance with civil law.
Allow temporary residents to live in the apartment.
Require the homeowner (municipality) to carry out timely major repairs, participate in the maintenance of common property and proper provision of utilities.

Employers may have other rights provided for both in the Civil Code of the Russian Federation and in the lease agreement itself, and also have a number of obligations:

use the apartment only for its intended purpose;
do current repairs;
maintain the normal condition of the apartment;
pay for the housing itself and utilities;
promptly inform the homeowner about the change in the grounds and circumstances related to the apartment rental agreement.

Additional obligations of the employer in accordance with Art. 678 of the Civil Code of the Russian Federation is to ensure the safety of the apartment, reconstruction / reorganization only with the permission of the owner. The need for timely payments for housing is especially emphasized.

Who Should Change Windows in a Municipal Apartment

The volume of municipal housing rented by the owner under social rent agreements is quite large, and most of it is located in houses built more than a decade ago. Accordingly, such houses require not only maintenance or major repairs, but also other improvements: replacement entrance doors, roof repair, window replacement.

You need to know that according to the "Regulations on the organization and implementation of reconstruction, repair and maintenance of residential buildings, utility and socio-cultural facilities" VSN 58-88, the service life of windows and balcony fillings before they are replaced in (overhaul) is 40 years (for wooden ) or 50 years (for metal) structures.

If the time has come to change the windows in the entrances apartment building(that is, the common property belonging to all owners of the house), then the municipality, as one of the owners of the apartment building, will pay for new double-glazed windows in proportion to its share in the property of the house (so if 1/3 of the apartments are non-privatized and are municipal, and 2/3 are private , then a third of the total amount will be paid at the expense of the municipality).

It is more difficult to solve the problem if it is necessary to replace windows in a municipal apartment (a number of apartments). Resolution of the Government of the Russian Federation No. 491 of 13.08.2006. attributed the windows inside the apartments to the property of the owner, and not to the common property of the house. At the same time, windows are neither an element of engineering equipment, nor an element of improvement, and according to Art. 210 of the Civil Code of the Russian Federation, the owner-municipality is responsible for them, as for private property.

Thus, the replacement of windows in apartments occupied by social rent should be carried out at the expense of the city (village) authorities.

True, the municipality does not always respect the rights of residents and is willing to pay for new windows voluntarily.

In this case, the employer can be advised two options for action:

Conduct a commission examination of worn-out windows, indicate their shortcomings (with the participation of representatives of the housing inspectorate), send an application for the replacement of windows and an inspection report to the municipality. In case of refusal - to file a claim in court to recover funds from the municipality.
Replace the window blocks yourself (with a preliminary survey, as in the above case), and then demand payment of costs from the municipality (through the court).

It must be remembered that if partial replacement of windows in a municipal apartment is required (reinforcement of sashes, glazing, etc.), this must be done by the tenant, but the owner, the municipality, makes a complete replacement.

The question of who should make major repairs in a municipal apartment is solved in a similar way.

Overhaul of a municipal apartment - is it necessary to pay

The burden of bearing the costs of maintaining real estate, including residential premises, lies with the owner. Overhaul is a significant work that allows you to restore destroyed / worn out parts and elements of the building, utilities, bring the house into a standard state that is safe for residents, complying with sanitary and fire safety standards.

As a rule, the cost of overhaul is very high, and it is possible to carry it out only after the funds received from the contributions of apartment owners in an apartment building have been accumulated on a special account. Such contributions for major renovations must come from both private owners and municipalities transferring their property under social rent agreements.

Only owners of houses that are in emergency or houses that are located on plots confiscated for state needs are exempted from paying for overhaul.

Who pays for the overhaul if the apartment is municipal

According to Art. 154 of the Housing Code of the Russian Federation for persons living in a dwelling under a social tenancy agreement, payment for housing consists of:

fees for the actual premises (rent);
the cost of utilities (water supply, sewerage, etc.);
payments for the maintenance and repair of the premises of the house (include the costs of managing the house, performing work on current repairs, maintaining common property and communications in a working condition).

No expenses for reimbursement of expenses for major repairs are provided for by the current legislation. So the employer municipal apartment and his family is not required to bear the cost of such repairs.

Who pays for the overhaul if the apartment is privatized, but rented: does the tenant or the owner pay?

Whether a tenant has to pay for a major overhaul also depends on who owns the apartment. In the event that the apartment is privatized (or acquired into ownership on any other legal basis), the owners have the right to dispose of the living space at their discretion, including renting it out.

Actually, according to civil law, an agreement under which a dwelling is transferred by owners for living to other citizens for a certain time, and for a fee, is called a lease agreement, not a lease, but the concept of lease is often used in everyday life.

The tenant (tenant), who is not the owner of the home, does not have to pay the costs of major repairs, bearing only the costs of maintaining the apartment in good condition. In addition, the tenant cannot carry out renovations and inseparable improvements in the apartment without the prior consent of the title owner.

Overhaul is carried out at the expense of the owner, not the lessee.

If the lease (lease) agreement does not provide for the tenant's obligation to pay contributions for major repairs, such payments should be transferred to the homeowners.

How the overhaul fee is calculated

Since 2012, on a legislative basis, funds for the overhaul of residential buildings are not included in the payment for housing maintenance, and are included in a separate line.

To accumulate funds, citizens are offered two options:

accumulation of money in a separate account at home (opened in a bank by a non-commercial legal entity, for example, a homeowners association);
on the account of a regional operator (an organization specially selected by the regional authorities).

How the accumulation in the fund for repairs will take place should be determined by the owners of apartments in the MKD at a general meeting. If the meeting was not held, did not take place, or did not come to a common decision, the funds go to the regional operator.

The methodology for calculating contributions was developed in 2013 by the Ministry of Regional Development of the Russian Federation.

The amount of contributions for major repairs depends on:

Regional tariff (different for each of the regions of the Russian Federation);
Year of construction of the house;
The living area of the apartment.

The amount of the contribution is determined as the product of the tariff for 1 sq. meter per housing area. By the decision of the owners, the amount of contributions can be increased, but at the moment in central Russia the tariff varies from 12 to 15 rubles per square meter.

The period when the repairs will be carried out is determined by the regional authorities (if funds are accumulated on the operator's account), and by the owners themselves (if the funds are collected on the account of the house). If the apartment is municipal, the contributions are paid by the municipality.

Responsibilities of tenants

Payment for housing, be it private or municipal, makes up a significant part of the expenses of Russian households, so any line in the receipt of housing and communal services must be justified and legal.

The tenant of the apartment, not being the owner, does not have to pay contributions for the overhaul of the house. On persons who are tenants, not owners, civil and housing legislation imposes only obligations to pay for the rent of an apartment and housing and communal services, maintain housing in proper form, use it in accordance with its intended purpose (only for living), and promptly notify the owner about the introduction of temporary tenants (for lines up to six months).

Living in a municipal apartment at the present time, despite the lack of the ability to fully dispose of it, is somewhat cheaper than in your own: the tenant does not pay taxes on housing, does not pay contributions for major overhaul of the house.

The procedure for using the apartment is determined by the Civil Code of the Russian Federation and the Housing Code of the Russian Federation, and the apartment is transferred to temporary possession and use. The decision, whether or not to privatize a municipal apartment, is up to each of the tenants independently.

We are all owners or tenants of housing. Renting a residential premises is possible commercial, when an apartment is rented from an owner - physical or legal entity, - and social.

In the latter case, according to housing legislation, housing is in state or municipal ownership, but is provided to citizens on the basis of a special contract for perpetual possession and use.

This means that you and your relatives can live in such an apartment as long as you like, but unlike the owner, you cannot sell or bequeath it. In addition, without the consent of the landlord, that is government agencies executive power or bodies local government, you are not entitled to perform a number of other actions. For example, you cannot sublet an apartment or redevelop it.

The relationship between the tenant and the landlord is built on the basis of the norms of the seventh and eighth chapters of the Housing Code of the Russian Federation, as well as the Model Agreement for Social Hiring, approved by Decree of the Government of the Russian Federation No. 315 on May 21, 2003. In particular, the question is regulated to whom, on what basis and by what criteria housing is provided for social rent.

But, most importantly, in these acts, the rights and obligations of the parties to the social employment agreement are fixed.

Of course, the main responsibility of the tenant of a dwelling is the timely payment of the payment for it, as well as the utilities consumed. And the landlord - to provide an apartment and take part in the maintenance and repair of the common property of the house in which it is located.

As for the repair, the rights and obligations in this matter of the parties are distributed as follows. According to clause 3 of Article 67 of the Housing Code of the Russian Federation, current repairs fall on the weeping of the tenant, and major, in accordance with paragraph 2 of Article 65 of the Housing Code of the Russian Federation, - the lessor.

It would seem that everything is simple. In fact, difficulties begin when figuring out what exactly, what types of work belong to the first and second forms of repair.

The already mentioned Model Social Employment Contract helps to provide some clarity on this issue. It says that current repairs include: whitewashing, painting and pasting walls, ceilings, painting floors, doors, window sills, window frames from the inside, radiators, as well as replacing window and door devices, repairing indoor engineering equipment (electrical wiring, cold and hot water supply, heat supply, gas supply).

At the same time, if, for example, a wiring fault in the tenant's apartment is caused by a wiring fault in the entire house (common property), then the lessor must replace it.

An approximate list of works carried out during the overhaul of the housing stock is given in Appendix No. 8 of the Rules and Norms for the Technical Operation of the Housing Fund, approved by the Resolution of the State Construction Committee of the Russian Federation No. 170 of September 27, 2003. In particular, the repair of roofs, facades, insulation buildings, replacement of intra-apartment utilities and more.

However, we emphasize that there are no clear boundaries between current and major repairs in the current legislation.

That is why tenants and landlords of residential premises under a social tenancy agreement often have disagreements. So, a reader recently contacted our editorial office with a request to clarify who should replace the window blocks and the insulation between the ceilings that burned out in a fire. According to the above approximate lists of maintenance and major repairs, the elimination of these shortcomings is the responsibility of the landlord.

At the same time, it followed from the reader's letter that he mainly appealed to the management company to solve his problems. "Where can you find a list of services that should be performed by the Criminal Code for repairs inside municipal apartments?" He asks.

Meanwhile, according to Articles 162 and 163 of the Housing Code of the Russian Federation, the apartment building, which are in state or municipal ownership, is carried out either directly by the authorities or by a management organization selected based on the results of an open tender. In other words, the contractual relationship for the management of MKD is formed directly between the management company and the state and municipal authorities.

At the same time, the management company has the right to make claims against the owner and demand from him to fulfill their obligations. For example, financing and implementation of capital repairs by contractors.

Thus, if you, like ours, the reader is unable to resolve their housing problems with the UK, please contact the landlord directly. According to the law, if he does not fulfill his duties, he must be held accountable. In particular, in case of non-fulfillment or improper fulfillment by the landlord of the residential obligations for the timely completion of major repairs, the tenant, at his choice, has the right to demand a reduction in the payment for the use of the occupied residential premises, common property, or reimbursement of his expenses for eliminating the shortcomings of the living space (Article 66 of the Housing Code of the Russian Federation) ...

To do this, it is necessary to send an official claim to the owner of the premises under a social lease agreement, indicating the time period for eliminating the deficiencies indicated in it. If it is ignored, you have the right to seek help from the courts.

An important decision for a huge number of citizens was made by the Supreme Court, having examined the collision associated with apartment renovation. Now the high cost of serious repairs on their square meters is one of the most popular and painful topics. The issue of apartment renovation is especially acute, if the house is not new.

There are still many old and problematic housing in the country. And it is no secret that apartments in such "elderly" houses are mainly inhabited by poor, old and sick citizens. Residents of a dilapidated fund, as a rule, are no longer able to take out a mortgage and buy something new. According to experts, it is in such houses that most of all municipal housing, that is, the one whose owner is the local authorities. And citizens live in them under social employment contracts. Our "renovation" court case concerns exactly the old municipal housing.

So, the prosecutor turned to the district court with a claim in defense of a tenant of a municipal apartment, a disabled person of the 3rd group. The citizen, according to the prosecutor, tired of the cold in the rooms, did on his own what the officials were obliged to do. Specifically, he changed the old windows in the whole apartment for new ones, from which it doesn’t blow, and insulated the outer walls. According to the prosecutor, the employer has spent money, and now officials are simply obliged to return him the cost of overhaul.

The court agreed with the opinion of the supervisory authority. The court ordered the local administration of the municipality to reimburse the tenant for expenses. The officials were offended and contested this court decision.

The appeal canceled the decision of the district court and made another decision, according to which the municipality owes nothing to the disabled person, because the replacement of windows, in the opinion of the city court, is current repairs and the tenant is obliged to do it himself. But the prosecutor did not calm down and went on to defend the interests of the citizen. So the matter came to the Judicial Collegium for Civil Cases of the Supreme Court. There, the opinion of the prosecutor was supported and said that such repairs should be paid by the owner of the property.

These are the norms of legislation that the Supreme Court was guided by when making its decision. The court found that the apartment, the repair of which was the reason for the claim, was municipal and had long been in need of major repairs. In the end, the tenant could not stand it either on his own, and most importantly - at his own expense, completely replaced all window blocks and made external insulation of the walls.

The appeal, when canceled the victorious decision of the district court for the disabled, stated that the apartment had been undergoing current repairs. The Supreme Court took the Housing Code into its hands and said that according to Article 65 of this code, the “landlord of the dwelling”, that is, the municipality, is obliged to make major repairs in the house. The Civil Code (Article 681) states that the overhaul of rented housing is the responsibility of the landlord. In the next article of the same Civil Code - 676th, it is written in black and white - the landlord is obliged: "to carry out the proper operation of the residential building, to ensure the repair of the common property of the house and devices for the provision of utilities located in the house." From the social tenancy agreement, which the tenant signed with the administration, it follows that the landlord is obliged to do major repairs in the house. And in case of non-fulfillment or improper fulfillment of his obligations for overhaul, a citizen has the right to demand reimbursement of his expenses for "eliminating the shortcomings of the dwelling."

And here is an important point, which the Supreme Court pointed out and which the majority of citizens do not know. It turns out that the tenant can, at will, not only demand reimbursement of repair costs, but can also ask for a reduction in rent if the owner of the home made his life in the rented house uncomfortable.

To confirm the legality of such a rule, the Supreme Court cited Articles 309 and 310 of the Civil Code. It says that the obligations stipulated in the agreement "must be performed properly. And unilateral refusal to fulfill obligations or unilateral changes in the terms of the agreement are not allowed."

The Supreme Court cited the home inspection report that appeared in the case. According to this document, the building was very old. Therefore, the roof fell into disrepair, all window blocks, the crowns of the outer wall beams rotted, and the foundation of the house must be strengthened.

In response to the appeal that wall insulation and replacement of windows are not major repairs, the Supreme Court quoted "An indicative list of work carried out during major repairs in residential buildings." This list is an appendix to the special resolution of the Gosstroy (dated September 27, 2003 No. 170) "On the approval of the rules and norms for the technical operation of the housing stock". Based on these documents, both windows and wall insulation are overhauled.

The Supreme Court has clarified that an employer can optionally claim reimbursement of repair costs

As a result, the Supreme Court of the Russian Federation said that the very first decision in the district court case - that officials should fully reimburse repair costs - was correct, and it remains.

Before starting repair activities, first of all it is necessary to distinguish between major and cosmetic repairs... The first includes:

restoration of work of faulty elevators;
full or partial replacement of water, heat, gas, power supply and sewerage systems;
repair of basements and attics;
plastering walls, etc.

Even if these systems are geographically located at the entrance, work on their repair is paid from the Overhaul Fund, formed in each region of the Russian Federation from contributions from homeowners (Article 166 of the Housing Code of the Russian Federation).

Overhaul of the entrance is carried out:

simultaneously with the overhaul of the entire house, which is carried out according to the schedule drawn up by the regional administration;
at the request of the tenants by the Management Company.

In the first case additional contributions from the owners will not be required - it is enough to pay receipts for overhaul in a timely manner.

In the second case The procedure for collecting funds for the restoration of entrances is regulated by Federal Law No. 185 of 21.07.2007 "On the Fund for Assistance to Reforming Housing and Communal Services", according to which the owners are obliged to pay 5% of the cost of all work.

Redecorating common areas are required much more often than capital and implies:

These works of the Criminal Code must be performed once every three to five years. At the same time, apartment owners do not have to make additional funds: all work is paid for by a contribution for the Maintenance and repair of the dwelling.

Where to contact? To put the entrance in order, residents at the general meeting must make a list necessary work, attach it to the application and submit documents to the Criminal Code.

Repair of the entrance is an obligation management company. The company is obliged to draw up a work schedule for the year, find funds(if the owners' contributions are not enough) and repair the entrance.

The work will be carried out in strict accordance with the list, therefore it must be carefully thought out.

Who will do it?

Having received an application with a list attached to it, the Criminal Code proceeds to draw up an annual plan and develop an estimate, which includes the costs of purchasing building materials and wages of workers.

Who should make repairs at the entrance? Works can be carried out:

by the staff of the Criminal Code;
third party contractor.

By law, both options do not require additional contributions from residents. and, moreover, participation in works.

In practice, the Criminal Code often offers residents on their own:

wash the walls after whitewashing the ceiling;
cover the floor with newspapers when painting the walls and then remove the paper;
take out construction waste;
wash windows and floor after completion of work.

However, according to the Decree of the Gosstroy of the Russian Federation No. 170 dated 09/27/2003. cleaning after renovation, as well as maintaining cleanliness throughout the year, must be carried out by the Criminal Code.

There are times when tenants, considering the cleaning provided by the Management Company, is insufficient, refuse it and clean the entrance themselves. The Criminal Code may refer to this, urging the owners to clean up on their own after the repair.

But cleaning by residents of common areas is not related to cleaning after painting / whitewashing: the renovation is considered completed after the demonstration of the renovated clean entrance and the signing of the Acceptance Act by the tenants.

The Management Companies repair only common areas. Stairways on floors, common corridors and vestibules must be maintained in order by the tenants.

Repairs on your own initiative

In practice, management companies are often in no hurry to carry out repairs not only those entrances that have not been repaired for five years, but also those in disrepair.

Tenants can get the work done in two ways: enter into litigation with the Criminal Code (usually it takes a lot of time) or independently organize the work: do everything at your own expense or hire a construction team.

The second option allows you to quickly put in order the space requiring repair and choose all the necessary materials yourself: from the quality of the plaster to the color of the paint.

Also, residents can determine for themselves what part of the work they will do on their own and save on wages for hired workers.

Who pays for the repairs at the entrance of an apartment building in this case? All expenses will have to be paid by the residents themselves., that is the disadvantage of such a solution to the problem.

You can return part of the spent funds after the completion of the repair. This requires:

draw up an Act on the state of the front door before the start of work;
make an estimate;
purchase materials, keeping all receipts;
carry out repairs;
issue an Acceptance Certificate;
write an application for reimbursement of expenses to the housing office, attaching all documents;
go to court in case of refusal;
provide evidence of the need for the work performed.

Most likely, you will not be able to fully reimburse expenses., especially if expensive materials were purchased, the work was mainly aimed at increasing security or improving the appearance of the front door (for example, tiles on the floor and walls, installing video cameras, etc.).

The administration, the Housing Inspectorate and the court will take into account the need for each procedure carried out, therefore, if you want to fully return the money spent, you only need to repair what threatens the life and health of citizens.

No one can oblige the Criminal Code to pay for the staining of the stairs "for beauty."

So let's summarize. Who makes repairs at the entrance of apartment buildings and pays for it? According to the law, the Criminal Code must independently control the state of the front and decide on their repair. In practice, such a responsible attitude on the part of the Criminal Code is extremely rare.

Most likely to put the entrance in order the tenants themselves will have to be active: from collecting signatures and drawing up documents, to purchasing materials and carrying out work.

Many controversial situations and questions arise around repair of engineering systems, apartment risers, heating radiators, utility metering devices and other equipment in the apartments of the owners of the premises in the MKD. Residents are constantly suing over payment for repairs with management companies. Today we will try to figure out which equipment in the owner's apartment the management company should repair for a fee, and which is free.

Responsibility for the maintenance of common property in the house

According to the law, responsibility for the maintenance of apartments and common property in an apartment building is borne by the owners of the premises in the house (Article 210 of the Civil Code of the Russian Federation, Part 3 of Article 30, Article 39 of the LC RF). They monthly transfer the fee to the management company, which, in turn, undertakes to perform the corresponding work and provide services for this amount.

Also, the owners of premises in MKD pay the UK, RNO and the regional capital repair fund for the current and overhaul of common property in the house(part 2 of article 154, article 156,,, 169 of the RF LC; Resolution of the Government of the Russian Federation No. 491 of 08.13.2006).

It turns out that the burden of the main burden of maintaining in good condition and current repair of common property in a residential building falls on the shoulders of the management company (Article 161 of the RF LC). Therefore, the Criminal Code should produce repair of common property in the house without charging an additional fee for this in excess of the monthly payment of the consumer of housing and communal services.

Therefore, it is important to determine which property in the apartment belongs to the common, and which to the personal use of the owner of the premises in the MKD.

Common property in MKD, which the management company repairs free of charge

Management companies must repair the following equipment, which is part of the common property in MKD, free of charge:

in-house engineering systems of cold and hot water supply, including risers with branches up to the first disconnecting device, collective (general house) water metering devices, the first shut-off and control valves at the outlets of the in-house wiring from risers, mechanical, electrical, sanitary elements related to these networks;
in-house engineering gas supply systems, including gas pipelines laid from the gas source or the point of connection to the gas distribution network to the shut-off valve on the branches to the in-house GO, gas-using equipment (except for gas-using equipment inside the apartment), technical devices on gas pipelines, regulating and safety valves, gas control system of premises, collective ( general house) gas metering devices, gas control room, fixing its volume in the production of utilities;
in-house heating systems, including risers, heating elements, control and shut-off valves, collective (general house) heat metering devices, other equipment related to these networks;
in-house power supply systems, including lead-in cabinets, input and distribution devices, protection, control and management equipment, collective (general house) electricity metering devices, floor panels, lighting installations of public premises, electrical installations of smoke removal systems, automatic fire alarm of internal fire-fighting water supply, cargo, passenger and fire elevators, automatic locking devices for entrance doors of MKD, cables from the external border to individual, general (apartment) electricity metering devices, the rest of the electrical equipment related to these networks (RF PP No. 491).

Equipment that the UK should not repair for free

The management company is not obliged at its own expense to carry out free repair of the following equipment in the apartments of the owners of premises in the MKD:

individual metering devices hot and cold water, gas, electricity;
gas and electric stoves;
plumbing equipment in the apartment (mixers, taps, bathtubs, sinks, toilet bowls, water heaters);
pipes and bends installed on the branches from the risers after the shut-off device or shut-off and control valve;
intercoms in the apartment;
electrical cables, sockets in the apartment;
other equipment not included in composition of common property designed to serve only one apartment.

How to determine responsibility for the repair of the owner and the management company

To decide whether equipment should be repaired for a fee or free of charge in the apartment of the owner of the premises in the MKD, it is necessary to determine the internal boundaries systems of utilities engineering communications, according to which the responsibility for their operation is delineated between the owner of the property and the management company.

As you already understood from the above lists, for example, the branches from the risers of hot and cold water supply after the shut-off and control valves, together with this element itself in the owner's apartment, as well as plumbing, are not included in the operational responsibility of the management company. Therefore, the Criminal Code should not repair this equipment for free.

But if there is an accident or breakdown of equipment in the owner's apartment, which is part of the common property, then the management company is obliged to make repairs free of charge (Decision of the Supreme Court of the Russian Federation of 11/30/2011 No. GKPI11-1787).

You should also pay attention if the need to repair equipment inside the apartment is caused by inadequate provision of utilities, then the owners of the premises can demand from their management company compensation for losses incurred or expenses for its repair or repairs at the expense of the Criminal Code (clauses 149, 151 of the Decree of the Government of the Russian Federation No. 354 of 05/06/2011).

Controversial cases

The biggest doubts, disagreements and disputes between the owners of premises in MKD with management companies are caused by the attribution of intra-apartment heating radiators to the common property of the house. This is due to the fact that it is often quite difficult to conduct a clear internal operational responsibility boundary on heating networks.

Therefore, with regard to heating radiators in the apartments of the residents of the building, the situation is ambiguous. There are different opinions and different court decisions. So, some courts consider that in-house radiators are part of the common property of the MKD (Letter of the Ministry of Regional Development of the Russian Federation of 04.09.2007 No. 16273-SK / 07).

The department in its explanation refers to clause 6 of the Rules for the maintenance of common property, approved by the Decree of the Government of the Russian Federation No. 491 of 13.08.2006. It says that the common property includes in-house heating system together with risers, radiators, control and shut-off valves, heat power distribution control and other equipment on these networks.

Other courts are of the opposite opinion. The Supreme Court of the Russian Federation considers that in composition of common property of owners of premises MKD includes only those radiators of the heating system that serve more than one apartment in the house, that is, they are installed outside the apartments on staircases in entrances, in basements (Determination of the Supreme Court of the Russian Federation of November 24, 2009 No. KAS09-547).

There is also an opinion that radiators are not part of the common property in the MKD, if they are equipped with disconnecting devices. The absence of a disconnecting device on the radiator confirms the fact that heating devices for apartments recognized as an element of a single common house heating system.

As you can see, the issue of assigning apartment heating appliances to the composition of the common property in the MKD remains controversial and open to this day, since in each case the courts interpret the problem differently. With the rest of the equipment in the apartments of the owners, we hope that it became easier for you to figure it out after reading our article.