What to do if neighbors in a communal apartment smoke. What law prohibits smoking in a communal apartment? Renovation of common areas

accommodation in communal apartment has a number of specific features. Not knowing one's duties when living in a communal apartment often leads to serious conflicts over property and domestic issues.

The rights and obligations when living in a communal apartment are well defined at the legislative level. And this is not an idle question. Let's see what rights and obligations the residents of communal apartments have.

Noise, loud sound of television and radio equipment, dancing and similar actions are the most common cause for conflicts in a communal apartment. Legislation in this matter, which regulates the rights of neighbors in communal apartments, is degrading. In the Federal Law of March 30, 1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population", noise or noise pollution is classified as an administratively punishable act.

At the level of the Sanitary Rules, the requirements for the levels of noise pollution in communal apartments are reduced. According to the previously valid version of SanPiN 2.1.2.1002-00 "Sanitary and epidemiological requirements for residential buildings and premises", dated 12/15/2000, noise in residential premises had have severe restrictions.

Noise pollution limits in a communal apartment (until 2000):

During the day, intermittent noise in the rooms - 40 dB
During the day, constant noise in the rooms - 35 dB
Intermittent noise at night - 30 dB
Constant noise at night - 20 dB

Now these rules are significantly relaxed:

Noise in living quarters during the day - 55 decibels
Noise at night - 45 decibels.

For Moscow separately prohibited construction works at night.

First, let's decide on the places common use :

Kitchen
Hallway
Corridor
Toilet
Bathroom

According to the law, all those who live in a communal apartment on legal grounds. At the same time, the order and sequence of using public places is not established by law.

From experience, the procedure and rules for use should be distributed according to the shared principle. Whoever has more shares uses it longer and cleans more. Usually the cleaning schedule is determined by the agreement of the tenants. However, there are times when a compromise is not achievable. In this case, they go to court.

Furniture, bicycles and other utensils can be placed in common areas according to shares in a communal apartment - whoever has more shares has also more rights to the total area.

Residents of a communal apartment have the right to invite guests to their place without the approval or permission of their neighbors. Guests also have the right to use common areas and neighbors in a communal apartment have no right to interfere with them.

The legislation does not determine when, who and on what schedule can receive guests; this is decided by the owners of the communal apartment by common agreement.

Guests are not allowed to make noise, disturb general order, litter. Also, guests do not have the right to live in a communal apartment.

Tenant of a room or rooms under a contract social recruitment has the right (with the consent of the landlord and members of his family in writing) rent out a room or rooms for rent (sublease). A residential lease agreement can be concluded if, after signing it, the area of \u200b\u200bthe residential premises for each person living in a communal apartment will be at least accounting rate(for a communal apartment - not less than the rate of provision).

In order to rent out living space in a communal apartment, the consent of all tenants, all owners and members of their families, if they live in this communal apartment, is also required.

Also, a tenant under a social lease agreement in a communal apartment, by mutual agreement and with notice to the landlord, can allow other citizens (temporary residents) to live in a communal apartment free of charge. At the same time, the landlord may prohibit temporary residents from living if, after their settlement living space for each resident will be at least the accounting rate (for a communal apartment, at least the rate of provision).

It is not necessary to obtain the consent of the tenants living in the communal apartment if the persons who own the premises in the communal apartment on the basis of ownership of part of the communal apartment are moved in.

The right to smoke in a shared apartment

Federal Law of July 10, 2001 No. 87-FZ "On the restriction of tobacco smoking" announced the prohibition of tobacco smoking:

Workplaces
In healthcare organizations
On the air transport
In urban and suburban transport
In indoor sports facilities
On the territory and in the premises educational organizations
In cultural organizations
At the entrances of residential buildings
In government offices

There is no direct ban on smoking in communal apartments. However, in Art. 1 of this law says that "smoking is the inhalation of smoke from smoldering tobacco products." Thus, smoking by one of the residents of a communal apartment in common areas in a communal apartment means the use of these premises for personal purposes contrary to the purpose of these premises.

Violation of the rights of neighbors lies in the fact that such use of premises in a communal apartment is contrary to the interests of all other people living in a communal apartment. Therefore, if it is not possible to agree with the smoker kindly, then it remains to go to court.

Rights to keep animals in a communal apartment

Based on the rules put into effect by 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”, which has entered into force, there are no specific restrictions on keeping cats and dogs in a communal apartment. Previously, in order to keep a cat or dog, it was necessary to obtain the written consent of all neighbors.

This ordinance states that residents are required to:

Respect the rights and interests of neighbors in a communal apartment
Requirements fire safety
Environmental regulations
Sanitary and hygienic requirements

It must be understood that keeping pets in a communal apartment requires the neighbors to have no allergies and other health contraindications.

Based on the Decree of the Government of the Russian Federation of August 13, 2006 N 491 "On approval of the Rules for the content common property"The owners of the premises have the right to independently maintain and repair common premises and common property in a communal apartment. Third-party organizations can also be involved in this, for example, a brigade of covenants.

Inspections are carried out to determine the need for repairs:

The owners of the premises
Persons who are attracted by the owners on the basis of the contract to conduct a construction and technical expertise
Responsible persons - employees of the bodies of the partnership of homeowners, housing construction cooperative
Employees of management companies
If the control in apartment building directly, then by service providers

After the inspection, inspection certificates are drawn up for the owners in the communal apartment to make a decision on the need to repair common property or common premises.

The decision states:

Compliance or non-compliance of the inspected property with the requirements of the laws of the Russian Federation
Resident safety requirements
Measures to eliminate identified defects
Cost of work

With this act, the tenants of a communal apartment are obliged to make a decision on the repair, collection of money, timing, repair procedure, and so on. If any of the owners of the premises in the communal apartment refuses to participate in the repair, one of the neighbors can pay all the repair costs on their own, and then recover the costs through the court.

For tenants apartment buildings having smoking neighbors is a real punishment. Few people want to go out into the yard every time they feel the urge to puff on a cigarette. So they smoke in the kitchen, on the balcony or in the toilet. If family members are most often loyal to this, then other inhabitants of the house do not want to put up with other people's bad habits. Passive smoking, as you know, also poisons the body. In 2017, the situation cleared up in favor of those who are forced to breathe other people's smoke. By decision of the Supreme Court of Russia, causing inconvenience to neighbors, tobacco lovers are now risking their wallets.

A serious legal battle caused by smoking in the apartment occurred not so long ago in Novosibirsk. A citizen high-rise building for several years he smoked on his loggia, and the smell of tobacco was drawn to other rooms. No remarks and requests, apparently, had no effect on the smoker.

A man living next door, who has a small child, could not stand it and went to the court with a claim. For two years in a row, he defended his right to breathe clean air, knocking out a ban on smoking in the house for the offender. In addition, the townspeople wanted to receive 250 thousand rubles from him for causing moral harm.

The regional court of Novosibirsk refused to start an administrative case. The decision was explained as follows: tobacco smoke in this case is a subjective feeling of the tenant, which is not enough to impose a fine. There was no evidence that the air was contaminated with tobacco compounds.

The man did not give up and went straight to the Supreme Court of Russia. After the proceedings, the highest court clarified that, according to the laws of our country, it is not provided to prohibit smoking at home. At the same time, according to the Constitution, all Russians have the right to live in a prosperous environment. The smoke emitted by cigarettes is toxic and carcinogenic, so passive smoking is very harmful to health, especially for young children. If the apartment smells of tobacco due to the fault of the neighbors, then this is still a good reason to complain.

Realizing that the matter was taking a serious turn, the Novosibirsk smoker moved to another apartment, hoping to settle the conflict on this. However, he failed to evade responsibility. The judge ruled to pay the former neighbor compensation of 5 thousand rubles for the moral damage caused, referring to Article 151 of the Civil Code Russian Federation. The court decision emphasized that tobacco smoke should not fall outside the smoker's living space, bringing physical and moral discomfort to others.

According to the current law, now the fine for smoking, which interferes with other people, most often amounts to 500-1500 rubles. The amount grows to two or three thousand rubles, provided that there are children among those suffering from smoke.

What if the neighbors smoke and the smell goes into the apartment

The situation when the house stinks of tobacco because of the tenants of other apartments occurs in many non-smokers. Moreover, if some cigarette smoke rarely appears in the apartment and you can still somehow come to terms with it, then the neighbors of others smoke every five minutes. You have to constantly ventilate the room or tightly close the windows, spraying air fresheners.

Experts say that only 20% of hazardous substances enter the body of a smoker, and the remaining 80% enter the air. This is what the tenants of apartments breathe, who turn a blind eye to tobacco lovers living in the neighborhood.

The most unlucky have to clean clothes, upholstered furniture and carpets, which are quickly saturated with an unpleasant smell. The problem is especially acute in old houses, where the ventilation itself is bad or has not been put in order for a long time.

Harm of passive smoking

It’s definitely not worth enduring neighbor’s cigarette smoke day after day and year after year. Passive smoking causes both instantaneous reactions of the body in the form of allergies, and eventually leads to dangerous consequences. If people who are sensitive to tobacco or small children live in the house, then it is all the more important to block the path of smoke as soon as possible.

What happens to the body due to inhalation of tobacco smoke:

there is a cough, runny nose, lacrimation due to irritation of the mucous membranes;
dizzy, there is heaviness and pain in the temples and occipital region;

harmful compounds gradually accumulate in the body (tar, nicotine, carbon dioxide, carcinogens, ammonia, acetone and many others), which lead to a deterioration in well-being;
there is an increased risk of getting cancer or getting serious problems with the activity of the cardiovascular, respiratory, digestive systems, up to the need to be treated in a hospital and buy expensive medicines;
there is nausea due to poisoning;
the development of the fetus in the womb or the newborn slows down;
children may grow up weak, slow-witted, further prone to smoking;
Older people suffer from a weakening of mental activity, memory, and attention due to passive smoking.

Ways to solve the problem

Let's figure out what to do in a situation where a neighbor smokes in the toilet, on the balcony or through the windows:

Ask not to smoke on the loggia and in the bathroom, given that the stench often comes through the hood. The same applies to situations where residents of communal apartments or dormitories regularly smoke in the toilet. Perhaps before they did not think about the fact that they cause inconvenience to others, and after the conversation they will take it into account. If only one adult smokes in the apartment, then it is worth offering the wife or husband to wean the other half from this habit;
Back up the request with facts. If a simple warning is not enough and smokers continue to smoke the premises, you can refer to Housing Code Russian Federation - it is written there that it is necessary to take into account the rights and interests of neighbors. You can also give the example described above about the litigation of two Novosibirsk residents - no one wants to pay their neighbors several thousand rubles for their smoking;
Post ads. As an option, print warnings on A4 sheets that if this interferes with neighbors and smoke does not stop penetrating into other people's apartments, the conflict is at risk of ending in litigation;
Provided that housing is rented out, an effective way out is to inform the owners that the premises are smoked. Fearing eviction, people may well stop smoking;

Equip special smoking rooms in the courtyard of the building so that people have somewhere to go out with a cigarette. You just have to do it first general meeting tenants, where it is necessary to verify their consent to the arrangement of zones for tobacco-dependent neighbors;
Clean or install a new ventilation system in your own home. When making repairs, you can put special filters on windows or hoods that will trap tobacco smoke. The loggia needs to be made more airtight. This option is ideal for those who do not want to arrange clarifications with their neighbors, but also take care of their own health.

If all requests are ignored, smokers do not compromise, and you don’t want to put up with tobacco in the apartment, then you can resort to outside help.

How else to deal with smokers:

Contact your municipality or local management company that there were difficulties with the use of housing;
Complain to the precinct, call the police. To do this, it is desirable to find a few more residents of the house, also tired of the smoke. The collective statement will carry more weight. When law enforcement officers make sure that the smoker brings inconvenience to his neighbors, an administrative case will be initiated against him;
Go to the prosecutor's office or to the court, demanding compensation for harm. This option is suitable if all the others are useless. But to prove that the neighbor's smoke is really dangerous to health, you need to be examined in a hospital. Doctors will issue a certificate confirming that a non-smoker develops an allergy to tobacco, breathing or general well-being worsens. Or you need to call specialists to check the air in the rooms for sanitary and hygienic indicators. The information received will play into the hands of those who are not friends with tobacco products.

What to do if you want to smoke at home

Territories where it is unacceptable to inhale are listed in Article 12 of the Federal Law of the Russian Federation "On protecting public health from the effects of second hand tobacco smoke and the consequences of tobacco consumption." With regard to residential buildings, the ban applies to elevators and porches, that is, rooms that are used by all the inhabitants of the house. Also, do not smoke in rented apartments, dormitories, if it outrages the neighbors. But the permissibility of smoking can be negotiated personally with the landlord and cohabitants - perhaps none of them is against it.

The law does not prohibit smoking at home, because it is private area. If you do not cause problems to anyone from the nearest apartments, then you can safely puff on a cigarette by going out onto the loggia or closing in the toilet. If there is a fear of getting a fine, you should warn the neighbors in advance about your habit. Another way out is to install good ventilation in the bathroom. Then, in the rooms of the tenants from below, above or behind the wall, they will not smell of tobacco.

Also, a compromise option is to agree on a certain time when you do not need to smoke in the apartment. For example, you can go out with a cigarette in the yard in the evenings, while all the residents are at home.

The best solution, of course, is to quit smoking altogether. So there will be no problems with neighbors, and you will be able to save your own health.

Communal apartment: definition, categories of tenants

A communal apartment is a piece of real estate consisting of several residential premises that belong to several owners. As a rule, several families live in an apartment that share common areas: a kitchen, a corridor, a bathroom, a toilet.

The law allows that both their shares and tenants can live in an apartment at the same time. Each party has the right to own and use its territory, and the owners can still dispose of property (Article 30 of the LC RF).

Rights of each household in a communal apartment

Persons who own residential premises in a communal apartment have the right to live in them independently or rent them out. At the same time, the consent of the neighbors to move in third parties under the lease agreement is not required. If necessary, they can make registration in housing tenants.

In the case of obtaining housing under a social tenancy agreement, it will be more difficult to rent out your territory. To do this, a number of requirements must be met:

compliance with the standard of living space (12 square meters per 1 person);
written consent of the landlord;
consent of neighbors in a communal apartment.

Both owners and tenants can accommodate tenants free of charge. The consent of other parties is not required. This rule also applies to guests. There are no restrictions on the number of guests and the time of their stay in the Rules for the use of residential premises. They can use common areas in a communal apartment on an equal footing with owners or tenants. However, their period of residence without registration should not exceed 90 days.

For all tenants, the rules for living in a communal apartment are the same. The law does not provide for the privileges of either party.

Common areas: rights and obligations

Each party has the right to use the common territory. By default, furniture or other items can be placed on it, but so as not to infringe on the rights of other residents. It is impossible to clutter up the common area. The common property is not subject to sale. All residents have the same rights.

When selling his share in the apartment, the seller loses the right to use common areas. All issues related to the common territory are resolved through the courts.

Repair of common property falls on the shoulders of all parties. Decision to conduct repair work may be accepted by the owners of shares or involved experts. On the fact of the work, an estimate is made. Each owner of the premises in the apartment pays for repairs in proportion to his share. If a party refuses to pay, that money for repairs is collected through the courts.

Noise

Silence mode is set from 23:00 to 07:00. During this period, the noise should not exceed 45 decibels, which is typical for a quiet conversation. In case of violation of noise comfort, neighbors have the right to call the police. During the day, residents have the right to raise the noise level to 55 decibels. Claims of other parties to them are not legal (Civil Code of the Russian Federation).

Actions that break the silence at night in a communal apartment are reduced to:

to the use of radio receivers, amplifiers, tape recorder, TV when the noise level is exceeded;
to playing musical instruments, singing and shouting;
to perform repair and construction work using a powerful tool that led to increased noise generation;
to the use of pyrotechnics;
other actions that break the silence.

The violator may be fined up to 2000 rubles.

Smoking

There are no laws prohibiting smoking in a communal apartment. However, public places cannot be used for smoking, as neighbors are forced to “inhale the smoke of smoldering products” (Federal Law No. 87 “On Restricting Tobacco Smoking”). Neighbors can try to sue tenants who smoke or call a district police officer for an instructive conversation.

Animals

The rules for living in a communal apartment with animals were not reflected in Government Decree No. 25 “On approval of the Rules for the use of residential premises”. Previously, cats and dogs were allowed to live only with the written consent of all residents. Now there is no such rule. Owners and tenants can keep animals on their territory if the neighbors have no contraindications to them. Otherwise, their consent is required.

It is worth noting that pet owners are solely responsible for sanitary and hygienic cleanliness. If the rights of other parties are infringed upon when animals live in a communal apartment, for example: a dog barks at night, then they can go to court.

Cleaning

This procedure is regulated by the norms of the Housing Code of the Russian Federation and the Civil Code of the Russian Federation. The rules for living in a communal apartment, the “code of responsibility” for which is enshrined in law, only supplement these regulatory legal acts.

Each tenant is obliged to bear the financial burden for the maintenance of the property of the apartment (Article 43 of the Housing Code of the Russian Federation). The Civil Code only adds that liability must be proportional to the share in the common property.

When cleaning common areas of use, the number of residents in each room and the share of the owner in the apartment are taken into account. In practice, cleaning is carried out in accordance with the established schedule.

Payment of utility services

Residents pay utility bills in proportion to their share in the common property.

Option 1 - there are no individual metering devices. In this case, it is carried out by agreement of the parties, for example: depending on the occupied area or the number of residents.

Option 2 - there are metering devices. Each party pays for services on its own meters, and utilities for the use of the common area are distributed by agreement.

If the neighbors did not find a compromise, then the rules for paying for services are as follows:

payment for heating is made in proportion to the share in the property of the apartment;
payments for water and gas are distributed based on the number of residents and guests who occupy the premises for more than one month;
electricity is paid based on the power of the device in each room and their number;
the item "Maintenance and repair" is paid based on the actual premises (s) and share in common areas.

The legislation does not establish the obligation of tenants to pay utilities for an unscrupulous non-paying neighbor.

redevelopment

The property of a communal apartment is common property therefore, redevelopment is possible only with the consent of all owners and tenants. Moreover, their gesture of goodwill must be in writing and notarized. Otherwise, for such an act, an imposing fine and a requirement to return the former configuration of housing are threatened.

Permission from neighbors alone is not enough. Approval from the relevant authorities is required. To obtain it, it is necessary to prepare a sketch of the redevelopment and documents confirming the ownership of the share. Redevelopment will be denied if it affects load-bearing walls.

How to sell your share: general rules

Here we cannot do without Article 250 of the Civil Code of the Russian Federation. In accordance with it, the priority right to acquire a share is granted to neighbors in a communal apartment. If they waive this privilege, they must provide a written waiver. This document is required to register a transaction for the alienation of property.

Sometimes neighbors are unwilling to buy a share and do not provide a waiver. In this case, it is necessary to send them written notices certified by a notary. It is considered that the neighbor is not notified if the notification is not delivered to him. Failure to respond within a month after receipt of the document is interpreted as a refusal.

If the owner of the premises in a communal apartment is a minor, then the refusal is granted only with the consent of the guardianship and guardianship authorities.

It is not necessary to notify neighbors about the sale of a share if the owner of a communal apartment acts as a buyer.

If the seller did not notify other owners, then he may be denied registration of the transaction. A transaction carried out without notifying the neighbors may be challenged in court within one month from the date of sale of the property.

If the neighbor missed the deadline for contesting the transaction for good reasons, then he can challenge the sale under Article 205 of the Civil Code of the Russian Federation. The rights and obligations of the buyer will be transferred to him and a corresponding entry will be made in the State Register. Read more about selling a room in a communal apartment.

Rights to the vacant room

Residential premises go to tenants or owners, if at the time of its release they are recognized as poor. If there are none, then the room goes to a family in which, per person, the standard of housing provision is not observed.

The subtleties of the privatization of the premises

Privatization applies only to premises leased under a social tenancy agreement. The tenant can transfer one or several premises to his ownership, but not the communal apartment as a whole.

Privatization requires the consent of all family members. If at least one of them does not want to become the owner, then he must provide a notarized refusal.

If minor children live in the room, then the consent of the guardianship and guardianship authorities will be additionally required. Their decision depends on the arguments in favor of the interests of the child. The following requirements must be met:

the child will be provided with housing equivalent to the previous one;
sanitary and hygienic requirements will be observed at the new location.

When privatizing, the consent of the neighbors is not required.

What to do with violators of the order

The rules for living in a communal apartment and the fight against violators are closely interconnected. Every person has the right to protect his interests in the sphere of life and activity (Constitution of the Russian Federation).

If it is impossible to resolve the problem peacefully, the only option to resolve the problem is to file a lawsuit in court. It is with communal apartments that the concept of a negatory claim is associated. It takes place in case of violation of the rights of tenants to common areas. When a court verdict is passed, bailiffs will control the fulfillment of obligations under it.

As for silence, here you should contact law enforcement agencies. It is advisable to send a request in writing. The competence of these bodies also includes issues related to smoking in public places, storage of toxic substances, damage to property, etc.

In case of illegal redevelopment that threatens the integrity of the structure of the house, residents can contact the BTI.

According to statistics, about 18% of citizens still live in communal apartments. It is wiser to build relations with neighbors on a friendly note, since litigation will only aggravate the situation.