Responsibilities for the maintenance of the premises. The rights of the owner of the apartment: what is possible and what is not

Having ownership of a home does not mean that you can use it for any purpose at your discretion and behave in it as you please. To avoid problems with the law, you need to know the rights and obligations of the homeowner. They are determined by Article 30 of the Housing Code of the Russian Federation. Moreover, the fact of registered ownership of property does not at all guarantee that it is impossible to lose housing. What should a property owner know?

Owner's rights

To begin with, there are 3 ways to own real estate:

• possession;
• use;
• order.

In this case, only the right of ownership includes the whole 3 points. For example, if an apartment was given to you a long time ago on the right of use and ownership by municipal authorities and even inherited by several generations of close relatives, but you still have not privatized it in the authority state registration, then you will not be able to dispose of it (sell to another person, donate, pledge). The right of disposal comes from the moment of making an entry on the ownership of a particular property in the Unified State Register of Real Estate.

Thus, the owner has a full set of rights that allows him to dispose of personal property at his own discretion.

In some cases, the rights of the homeowner are limited.

1. With share and joint ownership. In order to sell your share in this case, you need to notify the co-owner of the upcoming sale. Co-owners have the right of first refusal on the basis of Art. 250 of the Civil Code of the Russian Federation. Without a notarized refusal of the second owner to purchase a share, it is impossible to make a sale to another person. Otherwise, the interested co-owners may dispute the transfer of the right to judicial order.
2. Charges on the apartment. If the owner has pledged his property for the purposes of mortgage or obtaining Money, then this is the basis for registering a restriction on the right to dispose of a land plot, or a house, or an apartment. Selling mortgaged housing is not prohibited, but only with the permission of the bank.
3. Arrest of property. This type of restriction imposes a complete ban on registration actions until the arrest is lifted; it is impossible to alienate property for any reason during this period.

Owner's rights:

1. Renting out premises for living. The tenants of your housing from the moment of signing the contract of employment receive the right to use the property and possession, without disposal.
2. Free and compensated alienation of property (exchange, donation, inheritance, sale). Renunciation of ownership.
3. Registration of the owner and members of his family in the apartment, as well as unauthorized persons at the request of the owner (registration and discharge).
4. The use of living space for work (photo studio, tutoring, atelier), provided that the rights of other apartment building owners are not violated.
5. Carry out interior remodeling.

Note! Redevelopment requires prior permission from local authorities, accompanied by the preparation of documents and a project.

The owner of housing in an apartment building has the right to use the common property (corridor, basement, attic), but does not have the right to dispose of it - to rent, rebuild; as well as prohibit other apartment owners from having access to common areas.

Responsibilities of a homeowner

The main responsibility of the homeowner is to maintain its condition in the proper form.

1. Payment of property tax. Paid in proportion to the share in the right common property.
2. Contribution of funds to the account of the future overhaul of an apartment building.

Note. The first two paragraphs apply only to homeowners. Persons who have not yet privatized housing are exempt from such contributions.

1. Payment of utility services.
2. Take into account the interests of neighbors (do not violate their rights, do not make noise from 22.00, as well as from 13.00-15.00) and the rules for using residential premises. It is not allowed to carry out repair work at lunchtime due to the rest of small children living in the house.

The homeowner and members of his family are prohibited from:

• Carry out redevelopment in the apartment without the permission of the authorities, in order to avoid causing damage to the apartment building (violation of the integrity of communications, damage to the bearing walls);
• Use the apartment for the purpose of conducting production and carrying out missionary activities (Article 17 of the Housing Code of the Russian Federation);
• Do not comply with the requirements fire safety, as well as sanitary and hygienic, environmental and other requirements of the legislation (Article 17 of the Housing Code of the Russian Federation);
• Engage in illegal activities that can lead to criminal liability (for example, possession of prohibited substances).

Can the owner lose his apartment for failure to fulfill housing maintenance obligations?

In certain cases, the owner of the apartment can indeed lose his right to housing. But this happens only by order of the court.

There is article 293 of the Civil Code of the Russian Federation, the title of which speaks for itself - "termination of the right of ownership to the mismanaged contents of a residential building." The refusal of the owner of housing to fulfill the obligations of maintaining, repairing the premises, as well as violation of public order is the basis for taking strict measures against the owner. First, a warning is issued by the authorities, and deadlines are determined for repair work, and then a decision can be made to sell the apartment at public auction. The initiator is the administration, and the decisions are made by the court. The proceeds from the sale of the apartment are used to repair the premises and compensate for damage caused by the negligence of the former owner. After repair and compensation for damage, the remaining funds are transferred to the lost former owner of the apartment.

The owner bears the burden of maintaining the property belonging to him, unless otherwise provided by law or contract.

Commentary on Art. 210 of the Civil Code of the Russian Federation

1. The burden of maintaining the property, assigned to the owner, should be understood as the obligation of the owner to maintain the property in good condition, safe and suitable for operation in accordance with the purpose of the property. The degree of care and diligence of the owner in the performance of this duty, and in some cases - specific measures of care for property can be provided for in technical standards and regulations, operating rules certain types property, rules for conducting certain types of activities. Without regulation of this kind, in the event of a dispute about whether the owner has fulfilled his obligation to bear the burden of maintaining the property properly, this issue should be resolved in relation to a particular case, taking into account the characteristics of both the property itself and the methods of introducing it into economic circulation.

In accordance with paragraphs 3 and 4 of Art. 30 of the Housing Code of the Russian Federation, the owner of the residential premises bears the burden of maintaining this premises and, if this premises is an apartment, common property owners of premises in the relevant apartment building, and the owner of a room in communal apartment also bears the burden of maintaining the common property of the owners of rooms in such an apartment, unless otherwise provided federal law or by agreement. The owner is obliged to maintain this premises in proper condition, preventing mismanagement of it, to observe the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building.

2. The obligation to bear the burden of maintaining property by the owner should be understood in two ways. Firstly, its consolidation in the commented Article 210 of the Civil Code of the Russian Federation does not allow the owner to demand its execution by anyone, unless such an obligation of other persons is provided for by law or an agreement. Examples of a distribution of the burden of maintaining property that is different from that established by the commented article are, in particular, the rules of Art. , and on the obligations of the parties to the lease agreement for the maintenance of the leased property, art. , and Art. 67 of the Housing Code of the Russian Federation on the obligations of the tenant of residential premises, etc.

Secondly, the commented article acts in the interests of an abstract unlimited circle of persons or (in some cases) in state or public interests, since it obliges the owner to maintain property in proper condition in cases where this is necessary to prevent harm to life and health, property of those around the owner persons, public infrastructure and public safety. Even things that are not endowed with technical complexity and special properties, in the event of their careless, irresponsible operation, lack of necessary care for them, can be a hindrance to economic activity other persons causing harmful consequences. This possibility increases many times when things are used irresponsibly, carelessly, unskilledly, the operation of which, due to their technical properties, requires special diligence (for example, sources of increased danger), or when a thing with potentially harmful properties is left in an ownerless state, the safety of which for others must constantly maintained by the owner or a person to whom the owner has delegated such responsibility. Proper bearing by owners of the burden of maintaining their property in such particularly significant situations, the legislator stimulates a number of measures. These include, in particular, the establishment of increased grounds for civil liability for damage caused by activities, . In addition, the law establishes cases when the owner must fulfill his obligations to maintain the property under the threat of losing the very right of ownership. An example of such sanctions can serve as. Despite the fact that general rule the rule of law does not care how and how actively the owner uses the property in economic circulation (in particular,), in these cases, proper care for the most important objects of rights for circulation acts as a condition for maintaining the title.

Finally, caused in connection with his renunciation of the right of ownership and, accordingly, the termination of custody of this property until the acquisition of the right to it by another person or his death. This means that any things capable of causing harm to others must be maintained by the owner in a state that prevents harmful consequences, even if he refuses to exercise the powers of the owner, not to mention the much more common cases of economic entities being interested in their implementation.

2. Duties and responsibilities of the owner of the dwelling

2.1. According to part 4 of Art. 30 of the LCD, the owner of the residential premises is obliged to maintain this premises in good condition, preventing mismanagement of it, to observe the rights and legitimate interests of neighbors.
It should be noted that the requirement to respect the rights and legitimate interests of other persons is indicated in Art. 209 of the Civil Code, which determined the content of the right of ownership. According to this article, the owner has the right, at his own discretion, to perform any actions in relation to the property belonging to him that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons. According to Art. 1 LC (part 2), citizens, exercising housing rights and fulfilling obligations arising from housing relations, must not violate the rights, freedoms and legitimate interests of other citizens.
As an obligation of the owner of housing, the Housing Code designates compliance with the rules for the use of residential premises, as well as the rules for maintaining the common property of owners of premises in an apartment building (part 4 of article 30).
Decree of the Government of the Russian Federation of August 13, 2006 No. 491 approved the Rules for the maintenance of common property in an apartment building. This resolution also approved the Rules for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and the performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration.
The rules for the use of residential premises were approved by the Government of the Russian Federation on January 21, 2006. Section IV of the Rules for the Use of Residential Premises is devoted to the use of residential premises in an apartment building by the owner of the residential premises and members of his family living together with him.
According to clause 19 of the Rules, as a user of residential premises, the owner of this premises is obliged: to use housing for its intended purpose within the limits established housing code; ensure the safety of the premises, maintain the proper condition of the premises; bear the costs of maintaining the residential premises belonging to him, as well as participate in the costs of maintaining common property in an apartment building; timely pay a fee for the maintenance and repair of a dwelling, including a fee for services and work on the management of an apartment building, maintenance, current and overhaul common property in an apartment building, and a fee for public Utilities.
The list of duties contained in paragraph 19 is not closed. It ends with a note that the owner bears other obligations provided for by law. So, according to Art. 17 of the LCD (the provisions of which are subject to application to any user of residential premises, which is also the owner of housing), the use of residential premises is also carried out in compliance with fire safety, sanitary and environmental requirements (clause 6 of the Rules).
The issues of using the residential premises for their intended purpose, observing the rights and interests of other persons (clause 6, subparagraphs “a” - “c”, paragraph 19 of the Rules) are mentioned above. As for the obligation of the owner to bear the costs of maintaining the living quarters belonging to him, as well as to participate in the costs of maintaining common property in an apartment building (subparagraph “d”, paragraph 19 of the Rules), they are provided for by Art. 30 (part 3) and 39 (part 1) of the LCD. These provisions are based on Art. 210 of the Civil Code, according to which the owner bears the burden of maintaining the property belonging to him, unless otherwise provided by law or contract.
The share of mandatory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of each room in such a building, is determined by his share in the common ownership of the common property.
Participation in expenses is carried out by paying a fee for the maintenance and repair of residential premises (part 2 of article 39 of the LCD; part 1 of article 158 of the LCD; subparagraph “d” of paragraph 19 of the Rules). The share in the common property right is proportional to the size total area premises belonging to the owner in this house (part 1 of article 37 of the LCD).
2.2. According to Art. 293 of the Civil Code, if the owner of a dwelling mishandles the dwelling, allowing it to be destroyed, systematically violates the rights and interests of neighbors, forced seizure of the dwelling may follow in the prescribed manner.
Thus, in case of non-compliance by the owner of the residential premises with these obligations, one should refer to Art. 293 of the Civil Code, as in the case of the use of residential premises for other purposes.
Responsibility for late payment of fees for the maintenance and repair of residential premises (payment of penalties) is provided for in Part 14 of Art. 155 LCD.
The responsibility of the owner of a room in a communal apartment, who bears the burden of maintaining the common property of the owners of rooms in such an apartment, is similar (unless otherwise provided by federal law or an agreement).
In connection with the obligation to participate in the costs of maintaining common property, I would like to point out the possibility the following kind responsibility.
According to Art. 293 of the Civil Code, the violation by the owner of the residential premises of the rights and interests of neighbors may lead to the forced seizure of this premises - the sale of this residential premises at public auction (in the manner established by this article of the Civil Code).
Failure by the owner to pay a fee for the maintenance of the common property of the house (common property of the apartment - Articles 41-43 of the LC) violates the rights and interests of neighbors who participate in good faith in the costs of maintaining this property, as well as being forced to pay a share in such expenses of the owner of the dwelling, evading his own duties. Thus, it seems possible to talk about the application in this case of the rules of Art. 293 GK. This argument seems to be quite reasonable.
If the violation committed by the owner of the residential premises is in the nature of a crime, criminal liability may arise (see, in particular, articles 167, 168 of the Criminal Code).
Article 7.21 of the Code of Administrative Offenses (“Violation of the rules for the use of residential premises”) is addressed to citizens - users of residential premises; therefore, it is subject to application in case of violation by the owner of the rules for the use of residential premises.

In the new Housing Code of the Russian Federation, which entered into force on March 1, 2005, a separate chapter is devoted to the rights and obligations of owners of residential premises, which was not in the former Housing Code of the RSFSR. Note that the owner of the dwelling has much more rights compared to the tenant of the residential premises under the contract social recruitment. He exercises the rights of possession, use and disposal of the residential premises belonging to him on the right of ownership. The tenant only exercises the right to use and own housing. Let us consider in more detail what the owner of an apartment or house can and should do.

Duties

The owner bears the burden of maintaining the premises. What does this mean? The owner of housing is obliged to maintain the premises in proper condition, to prevent mismanagement of them, to observe the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of owners in an apartment building. In addition, it is necessary to pay utility bills on time and bear other expenses for the maintenance of the dwelling.

In addition to utility bills, the owner is required to pay property tax. Unlike the owner, the tenant of the dwelling does not pay such tax. property tax payers individuals the owners of property recognized as an object of taxation are recognized. Residential houses, apartments, dachas, garages and other buildings and structures are recognized as objects of taxation. If the property is in common fractional ownership several persons, then each of these persons is recognized as a taxpayer in proportion to his share. If the property is in common joint ownership, then the co-owners pay in equal shares. The tax rate ranges from 0.1 to 2.0% and depends on the value of the property. It takes into account inventory value residential premises. So, with the cost of housing up to 300,000 thousand rubles. the tax rate is up to 0.1%, from 300,000 to 500,000 thousand rubles. from 0.1 to 0.3%, over 500,000 thousand rubles. from 0.3 to 2%. The tax is paid once a year. It should be noted that in recent years, more and more often from high tribunes, the opinion has been expressed that when calculating the tax, it is necessary to take as a basis market value apartment, which is much higher than the inventory. Currently, such changes in the legislation have not yet been adopted.

The main right of the owner, which other users do not have, is the right to dispose of their property at their own discretion. That is, the owner has the right to sell, donate, pledge or otherwise dispose of the residential premises. The owner has the right to provide residential premises for temporary possession and use by other citizens on the basis of a lease agreement, free use or on another legal basis. In addition, the legal owner of the residential premises may provide it to a legal entity on the basis of a lease agreement or on another legal basis. But at the same time, such a dwelling can only be used for the residence of citizens, for example, an employee of this legal entity. We must not forget that if a dwelling is rented for a fee, it is necessary to pay income tax.

Rights and obligations of family members

In accordance with the Housing Code of the Russian Federation, the family members of the owner include his spouse, children and parents of the owner living together with the owner. Other relatives, disabled dependents, and, in exceptional cases, other citizens may be recognized as members of the owner's family if they are moved in by the owner as family members. These persons have only the right to use the residential premises on an equal basis with the owner, unless otherwise provided by an agreement between them.

The Housing Code of the RSFSR provided for a provision according to which the right to use the premises was retained by these persons even in the event of termination of family relations with the owner of the apartment. In the new Housing Code of the Russian Federation, this rule is no longer present. So, in the event of termination of family relations with the owner of the dwelling, the right to use this dwelling for former member the owner's family is not preserved, unless otherwise established by agreement between the owner and a former member of his family.

True, there is one "but". The Housing Code of the Russian Federation provides for a rule that is aimed at protecting the rights of former family members. Art. 31 of the Housing Code of the Russian Federation states that if a former family member does not have another dwelling where he could live, and also if the property status of the former family member and other noteworthy circumstances do not allow him to provide himself with another dwelling, the right to use the premises may be retained for a former family member certain period based on a court decision. In this case, the court has the right to oblige the owner of the residential premises to provide other residential premises ex-spouse and other members of his family, in whose favor the owner fulfills maintenance obligations, at their request. Upon the expiry of the period of use determined by the court, the right to use shall cease. It is possible to evict a citizen who has been granted the right to use residential premises before the expiration of the period. This can be done only if the citizen uses this residential premises for other purposes, systematically violates the rights and legitimate interests of neighbors, or mismanages the residential premises, allowing its destruction. The owner of the dwelling has the right to warn this citizen about the need to eliminate violations. If these violations entail the destruction of the dwelling, the owner of the dwelling also has the right to appoint a reasonable period for this citizen to carry out repairs. In the event that this citizen, after warning the owner, again commits violations or does not carry out the necessary repairs without good reason, this citizen, at the request of the owner of the residential premises, is subject to eviction in court.

In addition, if earlier, when the ownership of a residential building or apartment was transferred to another person, the family members of the owner retained the right to use this residential premises, now the transfer of ownership to another person is the basis for termination of the right to use. This is especially important for those who are going to sell an apartment. Since earlier it was impossible to oblige a person to leave the premises, and few people agreed to purchase an apartment with citizens registered in it. Now everything has been simplified.

In addition to family members of the owner, other citizens can live in the residential premises. These are those to whom the right to use was granted by virtue of a testamentary refusal, as well as citizens on the basis of a life-long maintenance agreement with a dependent. The right to use by virtue of a testamentary refusal means that the testator assigned the obligation to grant to another person for the period of his life or for another period the right to use this property. A capable citizen residing under a testamentary refusal shall be jointly and severally liable with the owner of the residential premises for the obligations arising from the use of such residential premises, unless otherwise provided by an agreement between them. A citizen has the right to demand state registration of the right to use residential premises arising from a testamentary refusal. Under a life maintenance agreement with a dependent, the recipient of the rent - a citizen transfers his residential house, apartment, land plot or other real estate in the ownership of the rent payer, who undertakes to carry out life maintenance with the dependent of a citizen.