Who should repair the balcony? Balcony

The apartment is owned. The house is 40 years old. Our balcony is not glazed. During the rains it leaks, and the neighbors below complain and demand that we either glaze it or repair it. This is not part of our plans. Who should repair balconies?

The law does not specifically indicate what property all components of a balcony belong to. But the courts, analyzing the legislation, draw the following conclusions.

The slabs of balconies, as well as the external wall of the house to which these balconies are adjacent, belong to the common property apartment building and accordingly belong to all owners of the premises on the right of common ownership.
Railings, windows, and balcony doors are part of the living space itself, that is, an individual property.

§ Clause 2 of the Content Rules common property V apartment building(approved by Decree of the Government of the Russian Federation dated August 13, 2006 No. 491)

Thus, if the problem of your leaking balcony lies in the poor condition of the balcony slab, repairing it is not your personal task, but the responsibility of all owners.

WHERE TO GET MONEY FROM

If routine repairs are enough for the stove, then the residents of the house are not required to collect additional money. The management company (MC) must carry out repairs from the funds that residents transfer monthly by payment in the line “Maintenance and repair of common property.” But if to eliminate leaks you need major renovation balcony, you will have to wait for repairs as part of the regional overhaul program or collect additional money based on the decision of the general meeting of owners.

Moreover, inspecting balconies to identify damage and deformations is the direct responsibility of the management company.

If it turns out that the balcony requires major repairs, according to the regional program there will be a long wait for it and the residents of the house will general meeting will not support you in collecting money, then the management company is obliged to take security measures, because Constant leaks impair the strength of not only yours, but also the neighboring balcony, and this can threaten collapse. Utility workers must close and seal the entrance to the balcony. Residents will then be prohibited not only from using the balcony (storing things there, drying clothes, etc.), but even going out onto it.

§ Clause 4.2.4.2 Rules and standards for technical operation housing stock(approved by Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170)

Action plan

Contact the Criminal Code with a request to inspect your balcony and determine the list of work necessary to eliminate leaks. Perhaps your problem can be solved by less categorical measures such as capital or Maintenance, but it will be enough to organize proper drainage of water outside the balcony.

The fact is that in order to prevent destruction of the edges of the balcony slab or cracks between the slab and the walls due to moisture ingress, a special drainage system is installed, and a slope on the balcony of at least 3% from the wall of the house is provided. Perhaps during operation this drain on your balcony became clogged or was insulated. If this happened from time to time, utility companies are obliged to organize drainage. But if you removed it yourself (for example, by re-laying the floor on the balcony), you will have to equip it at your own expense. But neither you nor the company are obliged to glaze the balcony, since your house did not initially have glazing for balconies.

§ Clause 4.2.4.2, 4.2.4.3 of the Rules... dated September 27, 2003

The presence of a balcony in an apartment makes it more comfortable and increases market value. The owners are interested in what part of this structure belongs to them, and what part belongs to the common property of the house. The need for repairs depends on this. Let us consider in more detail whether the balcony will be a common property of the house or not.

Rice. 1 Scheme of what applies to common property in a multi-storey building

A balcony is a platform that stands out from the plane of the facade. It is equipped with a fence and is used to sit on it during the warm season.

When determining the owner of the structure, the concepts of balcony and base slab should be distinguished. The slab refers to the load-bearing structures of a multi-storey, apartment building. This is indicated in the relevant Government Resolution. It belongs to common property. Maintaining proper technical condition and updating the balcony slab, in this case, should be carried out not by the owner of the apartment, but Management Company.

Balcony slabs have signs of common property according to the norms of the Housing Code (Housing Code). They participate in maintaining the strength and stability of the building and are considered enclosing structures.

Who is the owner of the balcony?

According to legislative norms, it is clear: balcony slabs are common house property, but who is the owner of the balcony in the totality of its parts. When considering the issue, an analogy is drawn with the adjacent residential premises.

Rice. 2 Interior decoration and glazing are not common property

The owner of the apartment does not own the walls, floor, or ceiling. Floor slabs are elements of other residential premises. Walls and ceilings are classified as common property, because serve more than one room.

The owner acquires a space limited by walls and floor slabs - elements of shared property. He is the owner of the decoration and existing decorative items.

Legally, ownership of an apartment turns out to be a simplification. It creates certainty without complicating concepts.

The balcony slab, the base of the structure, is shared ownership owners of apartments in the building. The internal balcony space is not shared. It belongs to a specific owner of the premises with access to the balcony.

Rice. 3 If the balcony is enlarged, then permission is required

IN common use turn out to be a balcony slab, external walls. For individual use: railings, window block, canopy or roof, installed independently, glazing, insulation, finishing.

This is taken into account when allocating responsibilities for property maintenance. Management companies are responsible for common property. They carry out its maintenance and repair to the required extent.

The owner is responsible for the condition of structures in individual use. He must repair the self-installed roof over the loggia, windows and doors facing the balcony structure and other elements. Responsibility for the improvements carried out rests with the person whose balcony it is. He is obliged to ensure safety: remove snow and icicles from a self-installed canopy so that they do not cause damage to anyone or someone’s property.

Separately, they consider using the outer part of the loggia to place banners or other advertising structures. Agreement and obtaining permission is possible only at a general meeting. Only all homeowners can remove unauthorized advertising by joint decision.

It is taken into account whether the balcony is part of the common property and when expanding it. Since the slab is listed, increasing the area requires the owner-occupier to obtain permits. If the balcony structure is enlarged without expanding the slab, this will not be the basis for obtaining permits.

The presence of a balcony in an apartment makes it more comfortable and increases the market value. The owners are interested in what part of this structure belongs to them, and what part belongs to the common property of the house. The need for repairs depends on this. Let us consider in more detail whether the balcony will be a common property of the house or not.

Rice. 1 Scheme of what applies to common property in a multi-storey building

A balcony is a platform that stands out from the plane of the facade. It is equipped with a fence and is used to sit on it during the warm season.

When determining the owner of the structure, the concepts of balcony and base slab should be distinguished. The slab refers to the load-bearing structures of a multi-storey, apartment building. This is indicated in the relevant Government Resolution. It belongs to common property. In this case, maintaining proper technical condition and updating the balcony slab should be carried out not by the owner of the apartment, but by the management company.

Who is the owner of the balcony?

Rice. 2 Interior decoration and glazing are not common property

The owner acquires a space limited by walls and floor slabs - elements of shared property. He is the owner of the decoration and existing decorative items.

Legally, ownership of an apartment turns out to be a simplification. It creates certainty without complicating concepts.

The balcony slab, the base of the structure, is the shared property of the apartment owners in the building. The internal balcony space is not shared. It belongs to a specific owner of the premises with access to the balcony.

Rice. 3 If the balcony is enlarged, then permission is required

The balcony slab and external walls are in common use. For individual use: railings, window block, canopy or roof, installed independently, glazing, insulation, finishing.

It is not uncommon for our houses that balconies in old houses often require restoration, and in many cases quite serious repairs. In addition to inconvenience for the apartment owner, a dilapidated balcony poses a potential danger to both apartment residents and passers-by. Not everyone will dare to go out onto such a balcony, much less walk under it. Repair needed.

Therefore, it is worth clarifying the issue: who should repair the balcony?
Indeed, often management companies refuse to carry out such work at their own expense or postpone their implementation in every possible way.

According to the Rules for the maintenance of common property, slabs of balconies included in the apartment plan according to the Bureau's measurements technical inventory(BTI), as well as the external wall to which these balconies adjoin, belong to the common property of the apartment building. And, accordingly, they belong to the owners of the premises on the right of common ownership, and the railings, windows and doors of these balconies are part of this residential premises, that is, an object of individual ownership. (Resolution of the Government of the Russian Federation dated August 13, 2006 N 491).

This means that your balcony (balcony slab and external wall adjacent to the balcony) is an indispensable part of the common property, for the maintenance of which you pay your management company. Repairs of load-bearing walls and structures are required to be carried out by representatives of the management company at the expense of fees for the maintenance and repair of residential premises in accordance with the rules of the legislation of the Russian Federation.

However, the owner of the balcony is obliged to independently monitor the condition of the balcony parapets and other adjacent structures (glazed windows, roof, etc.).
In accordance with the Rules for the Use of Residential Premises, approved by Decree of the Government of the Russian Federation dated January 21, 2006 No. 25, repairs of these structures are carried out at the expense of the owners and tenants of residential premises.

It follows that the decisive role in the issue is: " Who should repair the balcony?? - determines which elements of the balcony need repair: “general” or “individual”.

The management company is responsible for the overhaul of emergency balconies, or more precisely, the bottom slab. In order for the management company to repair the balcony, it is necessary to achieve recognition of the structure as unsafe.
To do this you need:

Write an application for repair and restoration work on the destroyed balcony, which must be issued in the name of the main responsible person of the management company.
Prepare several photographs of emergency zones, which must be accompanied by written confirmation from neighbors.
Compose explanatory note, which justifies the need to restore the balcony. Indicate in it that the emergency condition of the balcony is potentially dangerous to the life and health of people.

These documents are drawn up in two copies. The first is sent to the management company, and the second remains with the homeowner.
It is better to conduct all correspondence with the management company by registered letters with return receipt requested. In this case, you will always have official confirmation of contacting utility services.
If your management company is in no hurry to make a decision, then it is worth sending another set of documents to the local administration with a request for their attention and assistance in solving the problem.

Now all that remains is to wait and hope for a speedy repair of your balcony. If your management company refuses to repair your balcony, you have the right to file a lawsuit.

Another option is also possible.
In order not to wait for a “catastrophe”, you can repair the balcony yourself, and then recover from the utilities all expenses in judicial procedure. In this case, when going to court, along with the claim, you should submit all receipts confirming the costs of materials and various services aimed at restoring the damaged balcony.

The Supreme Court of the Russian Federation made a useful clarification for citizens living in apartment buildings. He explained what the owner of an apartment who decided to rebuild the balcony has the right to.

There have always been enough people wanting to improve, and in the understanding of the majority, this means expanding their balcony. The current ones are no exception. Therefore many multi-story houses they amaze with the variety of frames, awnings, and other bells and whistles on the balconies, which greatly disfigure the appearance of the houses.

The Supreme Court of the Russian Federation made this clarification when reviewing the results of one “balcony” dispute. The point was that one of the owners of an apartment in an apartment building had remodeled her balcony.

Her reconstruction was, in fact, standard - this is what those who want to improve their balcony often do; the lady combined it with the kitchen, and at the same time increased its size. In addition to this, the owner installed a canopy over the balcony of such a length that it blocked the view of the neighbors above.

Frames, awnings and other bells and whistles on balconies are not the owner’s personal business when he lives in an apartment building. Photo: Liliya Zlakazova

Neighbors, outraged by this inconvenience, contacted local authorities. Those who did not like the alteration either, and the authorities demanded that the apartment be returned to its previous state, claiming that the defendant started the redevelopment without permission from the competent authorities and without the consent of the neighbors. For their part, the residents of the house filed their own lawsuit. According to the neighbors, the balcony canopy extends approximately 1.5 meters beyond the balcony slab, which spoils both the view from the balcony and the image of the house.

The lady did not give up and responded with a counterclaim. In it, she wrote that she had collected a bunch of permits from all authorities and asked not to interfere with her enjoying life with a new and safe balcony.

ABOUT legal issues apartment building management experts "RG" in the "Legal Consultation" section.

Judging by the documents obtained by the court, the reconstruction of the balcony meets both sanitary and fire safety requirements. And according to experts, there were no violations of the load-bearing structures during the redevelopment. During the trial, it turned out that the upcoming balcony renovation was approved by 49 neighbors and the owner non-residential premises Houses.

Local courts sided with the apartment owner.

All residents own: roofs, enclosing load-bearing and non-load-bearing structures, equipment

In their opinion, the reconstruction of the balcony was carried out taking into account the requirements of construction and sanitary standards and rules, does not in any way violate the rights and interests of the owners of other apartments, does not create a threat to their life and health and does not change the “purpose of the premises.”

But the city authorities and other neighbors did not agree with this decision and challenged it to the highest authority. The city authorities considered that such a decision was dangerous primarily because now everyone will be able to rebuild the balconies according to their taste and desires. It’s hard to imagine what the face of the city will turn into.

Judicial Collegium for Civil Cases Supreme Court The Russian Federation carefully studied the “balcony” dispute and did not agree with the opinion of its colleagues. The Supreme Court said that the citizen carried out the redevelopment without permission, she did not receive permits, and did not obtain approvals from the authorities and neighbors. The highest authority explained that the balcony slabs are part of the common property, and, therefore, any redevelopment of them must be agreed upon with all owners of the premises in the house.

If you open the main document in such cases - the Housing Code of the Russian Federation, then paragraph 3 of part 1 of Article 36 says the following: all owners of premises in an apartment building own common property: roofs, enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical equipment and other equipment .

The Supreme Court specifically emphasized that balcony slabs belong to common property. This is stated in the document called “Rules for the maintenance of common property in an apartment building.” These Rules were approved by government decree No. 491 of August 13, 2006.

These Rules contain paragraph 2 of Section I “Determination of the composition of common property”. The following is written there verbatim: “The common property includes, inter alia, the enclosing load-bearing structures of an apartment building (including foundations, load-bearing walls, floor slabs, balcony and other slabs, load-bearing columns and other enclosing load-bearing structures),” it says .

Thus, the Judicial Collegium for Civil Cases of the Supreme Court emphasized, the balcony also belongs to the fencing and load-bearing structures, the definition says.

The court in its decision stated that the tenant can reduce the size of the common property during the reconstruction of the premises, but such redevelopment is possible only with the consent of all owners of the premises in the house (Part 3 of Article 36 Housing Code RF). The same provision is enshrined in Part 2 of Article 40 of the same code - “if reconstruction, reorganization or redevelopment of premises is impossible without adding part of the common property to them, the consent of all owners of premises in an apartment building must be obtained.”

This is what the Supreme Court summed up in its reasoning - in case of serious redevelopment of a balcony in one individual apartment, the consent of all owners is a prerequisite.

And the local courts considered the consent of four dozen neighbors quite sufficient. But local courts did not take into account that there were more opponents to the reconstruction of the balcony. Meanwhile, neighbors who categorically object to the expansion of the balcony filed a collective appeal to the court, and it is available in the case materials.

It is possible to reduce the size of the common property, but redevelopment is possible only with the consent of all owners

“The Judicial Collegium for Civil Cases of the Armed Forces of the Russian Federation finds that the violations of substantive law committed by the courts of the first and appellate instances are significant, they influenced the outcome of the case and without their elimination it is impossible to restore and protect the violated rights,” the decision of the Supreme Court of the Russian Federation says.

The court overturned all decisions made in the case and sent it for a new trial, ordering that the position of the RF Armed Forces be taken into account.