- 1. Residential premises include:
- 1) residential building, part of a residential building;
- 2) an apartment, part of an apartment;
- 3) room.
- 2. An individually defined building is recognized as a residential building, which consists of rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs related to their living in such a building.
- 3. An apartment is a structurally separate room in apartment building, providing the possibility of direct access to the common areas in such a house and consisting of one or more rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a separate room.
- 4. A room is a part of a residential building or apartment intended for use as a place of direct residence of citizens in a residential building or apartment.
- 1. From Art. 15 of the LC RF it follows that the only object of housing rights(housing relations) is a dwelling. This provision (stating that there are no other objects in housing relations) seems to be at least controversial, since, by fixing this provision, the legislator removes other objects from the sphere of regulation of housing legislation. For example, in Art. 22 - 24 of the LCD of the Russian Federation refers to non-residential premises and on the conditions and procedure for their transfer to residential premises.
- 2. In part 1 of the commented article, several types of residential premises are indicated, but it is not clear how many of these types (three or five). Do not bring clarity and other parts of the commented article. In particular, in separate view rooms are allocated for living quarters (clause 3, part 1). At the same time, rooms are recognized as part of a residential building or apartment (part 4).
- 3. Let us turn to the JK RSFSR and the Civil Code of the Russian Federation in terms of regulation this issue. Article 52 of the Housing Code of the RSFSR established that the subject of a lease can only be an isolated dwelling, consisting of an apartment or one or more rooms. Part of a room or a room connected to another room by a common entrance (adjacent rooms), utility rooms cannot be an independent subject of a lease agreement. In other words, in an apartment building, only an isolated living space could be the object of a lease agreement: a separate apartment or room (rooms). This provision has found consolidation in paragraph 1 of Art. 673 of the Civil Code of the Russian Federation, according to which the object of the contract for the rental of residential premises is an isolated residential premises suitable for permanent residence (apartment, residential building, part of an apartment or residential building).
In addition, Art. 52 JK RSFSR emphasized that independently (separately) under an agreement social recruitment adjoining rooms (connected by a common entrance, i.e. non-isolated rooms), utility rooms (kitchens, corridors, bathrooms, etc.) cannot be used. Of course, it was not considered as a living space that can be used under a social tenancy agreement, part of the room. At the same time, it was allowed to sublease to citizens and part of the living quarters (Article 76 of the RSFSR LC).
- 4. It should be concluded that residential premises can be:
- - House for individual use (for one family), i.e. in general, a house with a mandatory set of living rooms and other premises;
- - separate apartment in an apartment building, i.e. the whole apartment, consisting of living rooms and utility rooms (places of auxiliary use);
- - part of a residential building those. not the whole house, but its part, which consists of one or more living rooms and, as a rule, utility rooms (auxiliary rooms). Parts of a residential building may be owned by one person or used by two or more persons (families) on the basis of an agreement;
- - part of the apartment those. only room(s) in a communal apartment.
These four types of residential premises, in particular, are mentioned in Art. 62 LCD RF.
The housing stock consists of separate residential premises. On the housing stock and its types, see Art. 19 and comment. To her.
5. See also comment. to Art. fifteen.
1. Residential premises include:
1) residential building, part of a residential building;
2) an apartment, part of an apartment;
3) room.
2. An individually defined building is recognized as a residential building, which consists of rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs related to their living in such a building.
3. An apartment is a structurally separate room in an apartment building that provides direct access to the common areas in such a house and consists of one or more rooms, as well as auxiliary rooms designed to meet citizens' domestic and other needs related to their living in such a separate space.
4. A room is a part of a residential building or apartment intended for use as a place of direct residence of citizens in a residential building or apartment.
Commentary on Art. 16 ZhK RF
1. It so happened that the concept of "residential premises" is used in a broad sense. It covers not only living rooms, but also places of auxiliary use (entrance hall, corridor, kitchen, bathroom, dressing room, toilet, etc.).
This is a generic concept. Residential premises include all objects named in part 1 of the commented article. But it follows from this that there are no other residential premises. It is impossible to recognize (from the point of view of the LCD) a yurt, a yaranga, a collapsible house, a trailer, beams, etc. as living quarters. This means that the Housing Code of the Russian Federation does not regulate relations regarding the use of these facilities.
2. For housing law, the definition of what is a residential building, apartment or room is not of great importance. It is rather necessary for state accounting housing stock and state registration rights to residential premises (see Art. 18, Parts 4, 5, Art. 19 of the LC and the corresponding commentary).
3. Having defined the concepts of “residential building”, “apartment” and “room”, the LC RF is silent about what should be understood as part of a residential building (clause 1, part 1, article 16) and part of an apartment (clause 2, part 1 1 article 16 LCD).
Apparently, a room or several rooms of this house or apartment, which are the object of housing rights, should be considered part of a residential building or apartment.
The emergence of housing rights to non-insulated parts of a residential building or apartment is not excluded, in particular, when concluding a sublease agreement and moving in temporary residents.
In accordance with the current civil and housing legislation, residential premises as objects of housing and civil relations There are different types: apartments, residential buildings, isolated rooms in apartments or houses. At the same time, an isolated premise is recognized as residential, which is immovable property, meets the established sanitary, fire-prevention, town-planning and technical requirements and is intended for the residence of citizens (part 2 of article 15 of the LC RF).
Based on part 5 of Art. fifteen Housing Code total area residential premises consists of the sum of the area of all parts of such premises, including the area of auxiliary premises intended to meet citizens' domestic and other needs associated with their living in residential premises, with the exception of balconies, loggias, verandas and terraces.
A dwelling that is the object of a social tenancy agreement, as a rule, must be well-maintained in relation to the conditions locality, in which it is located.
At its core, residential premises are complex objects, i.e. they are formed from things that are artificially composed of several interconnected parts. The structure of such objects always includes, as the main thing, the premises themselves, directly intended to meet the housing needs of citizens. Along with the premises, the object includes other things or property rights. Moreover, their composition depends on the type of housing.
The Civil and Housing Codes provide for special regulation of certain relations that develop when using residential premises located in apartment buildings. At the same time, the Civil Code of the Russian Federation establishes that the owner of an apartment in an apartment building, along with the premises occupied by the apartment, also owns a share in the right of common ownership of the common property of the house.
Unlike apartments, ownership of residential buildings (isolated parts of residential buildings) was allowed in any socio-economic situation, the restrictions were only in number and size. At the same time, in practice, the question arises about the right of owners of residential buildings to land plots, outbuildings and other property located outside the building. As rightly noted in the legal literature, only in the unity of all its parts, connected by a common economic purpose, located on land plot, a residential building and is an object of property rights.
In the Resolution of the Plenum Supreme Court USSR dated August 27, 1980, which has not lost its significance, it is indicated that the property is recognized as a thing assigned to serve as the main thing and connected with it by a common economic purpose. Unless otherwise provided by law or contract, ownership follows the fate of the main thing.
Among the buildings named residential building, the main thing is a building intended for living. The rest of the buildings serve to meet household needs and cannot be an independent object of ownership on the land allotted for building a house.
Considering a specific case, the Plenum drew attention to the fact that the contract concluded by the parties says about the sale of the house and does not stipulate that the outbuildings were not sold.
From this, in view of the foregoing, the court had to conclude that the contract was concluded for the sale of both the house and the outbuildings. Otherwise, there would be two owners on one land plot: one - a residential building, and the other - ancillary buildings, which is unacceptable.
According to part 2 of Art. 15 of the Housing Code of the Russian Federation living quarters recognized as an isolated room, which is real estate and suitable for permanent residence of citizens (meets the established sanitary and technical rules and norms, other requirements of the legislation). The procedure for recognizing premises as residential premises and the requirements that a residential premises must meet are established by the Government of the Russian Federation in accordance with the Housing Code of the Russian Federation and other federal laws.
A dwelling may be declared unfit for habitation on the grounds and in the manner established by the Government of the Russian Federation,
The total area of a dwelling consists of the sum of the area of all parts of such a dwelling, including the area of auxiliary premises intended to meet citizens' domestic and other needs associated with their living in a dwelling, with the exception of balconies, loggias, verandas and terraces.
In accordance with article 17 of the Housing Code of the Russian Federation, residential premises are intended for citizens to live.
Residential premises include (Article 16 of the Housing Code of the Russian Federation):
1) residential building, part of a residential building;
2) an apartment, part of an apartment;
3) room.
Residential building an individually defined building (independent object) is recognized, which consists of rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a building.
apartment a structurally separate room in an apartment building is recognized, providing the possibility of direct access to common areas in such a house and consisting of one or more rooms, as well as auxiliary premises, designed to meet citizens' domestic and other needs related to their living in such a separate room .
room a part of a residential building or apartment intended for use as a place of direct residence of citizens in a residential building or apartment is recognized.
Such a division of residential premises is extremely important, since, according to the lease agreement, only an isolated residential premises suitable for permanent residence (an apartment, a residential building or one or more rooms) can be the subject of a lease.
Cm.: Arbitrage practice on Housing Disputes: Collection of Resolutions, Decisions and Definitions federal courts. M.: Publishing group "Norma-Infra-M", 1999. S. 206 - 207.
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According to which living quarters This is an isolated premise, which is immovable property and suitable for permanent residence of citizens.
Thus, the premises must meet the following legal criteria:
isolation.
This feature is that the dwelling should be a separate and limited space from other dwellings.
Real estate.
This sign consists in the fact that the dwelling is a structure (building), the movement of which to another place is impossible without prejudice to its purpose.
Suitability for permanent residence of citizens.
This sign consists in the fact that the dwelling complies with the established sanitary and technical rules and norms, other requirements of the legislation.
The procedure for recognizing premises as residential premises and the requirements that a residential premises must meet are established by the Government of the Russian Federation in accordance with the Housing Code of the Russian Federation and other federal laws.
In accordance with Article 17 of the Housing Code of the Russian Federation, residential premises are intended for citizens to live. At the same time, the use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in this residential premises, neighbors, requirements fire safety, sanitary and hygienic, environmental and other requirements of the legislation, as well as in accordance with the rules for the use of residential premises approved by the authorized Government of the Russian Federation federal body executive power.
It is allowed to use the premises for the exercise professional activity or individual entrepreneurial activity by citizens legally residing in it, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet.
Accommodation is not allowed industrial productions.
Article 16 of the Housing Code of the Russian Federation establishes the following types of living quarters:
Residential building, part of a residential building.
A residential building is an individually defined building (independent object), which consists of rooms, as well as auxiliary premises, designed to meet citizens' domestic and other needs associated with their living in such a building.
Apartment, part of an apartment.
An apartment is a structurally separate room in an apartment building that provides direct access to the common areas in such a house and consists of one or more rooms, as well as auxiliary premises designed to meet citizens' domestic and other needs related to their living in such a separate room.
Room.
A room is a part of a residential building or apartment intended for use as a place of direct residence of citizens in a residential building or apartment.
§4.1. Living quarters: concept and types. Appointment and use of residential premises
Objects of housing rights - residential premises. According to Part 2 of Article 15 of the Housing Code of the Russian Federation, an isolated premise, which is real estate and suitable for permanent residence of citizens (meets the established sanitary and technical rules and norms, and other requirements of the law), is recognized as a dwelling. The procedure for recognizing a premises as residential and the requirements that it must meet are established by the Government of Russia in accordance with the Housing Code and other federal laws.
The total area of a dwelling consists of the sum of the area of all parts of such a dwelling, including the area of auxiliary premises intended to meet citizens' domestic and other needs associated with their living in a dwelling, with the exception of balconies, loggias, verandas and terraces.
Residential premises include (Article 16 of the LC RF) a residential building and part of it, an apartment and part of it, a room.
A residential building is an individually defined building (independent object), which consists of rooms and premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a building.
Apartment - a structurally separate room in an apartment building, providing direct access to common areas in such a house and consisting of one or more rooms, as well as auxiliary premises, designed to meet citizens' domestic and other needs related to their living in such a separate room.
A room is a part of a residential building or apartment intended for use as a place of direct residence of citizens in a residential building or apartment. The dwelling is intended for the residence of citizens (Article 17 of the Housing Code of the Russian Federation).
Such a division of residential premises is of exceptional importance, since, according to Article 673 of the Civil Code of the Russian Federation, only an isolated residential premises suitable for permanent residence (an apartment, a residential building or one or several rooms) can be the subject of a rental agreement.
The premises are recognized as residential if they are structurally, functionally designed and suitable for permanent residence of citizens in terms of sanitary, technical and other consumer condition. Residential premises must meet healthy and safe living, meet sanitary standards and requirements for area, daylight, security, water supply, constant heating, ventilation and other conditions that ensure normal, healthy living for people.
Thus, the dwelling must meet the following requirements:
1) be an isolated room;
2) be immovable property, i.e. an object, the movement of which is impossible without disproportionate damage to its purpose (part 1 of article 130 of the Civil Code of the Russian Federation);
3) be suitable for permanent residence of citizens, i.e. comply with sanitary and technical standards.
A dwelling may be declared unfit for habitation on the grounds and in the manner determined by the Government of the Russian Federation in Resolution No. 552 of September 4, 2003, which approved the Regulations on the procedure for recognizing residential buildings (living quarters) as unfit for habitation. According to part 3 of article 39 of the Housing Code, Rules for keeping common property in an apartment building are established by the Government of Russia.
The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in it, neighbors, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved by the Government of Russia. Article 23 federal law dated March 30, 1999 N 52-FZ "On the sanitary and epidemiological well-being of the population", residential premises in terms of area, layout, illumination, insolation, microclimate, air exchange, noise levels, vibration, ionizing and non-ionizing radiation must comply with sanitary rules in order to ensure safe and harmless living conditions, regardless of its duration * (91).
It is allowed to use a dwelling for the implementation of professional activities or individual entrepreneurial activities by citizens legally residing in it, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the dwelling must meet.
Placement in residential premises of industrial production is not allowed. If the owner of a dwelling does not use it for its intended purpose or systematically violates the rights and interests of neighbors or mismanages the dwelling, allowing it to be destroyed, then the authority local government can warn the owner of the need to eliminate the violations, and if they cause the destruction of the premises - to appoint a proportionate period for repairs. If the owner, even after a warning, continues to violate the rights and interests of neighbors or use it for other purposes, without good reason will not necessary repairs, then the court, at the claim of the local government, may decide to sell such premises at public auction with payment to the owner of the proceeds from the sale, minus the costs of execution judgment(Article 293 of the Civil Code of the Russian Federation).
