What does an individual residential building mean? Individual or multi-unit residential building

03.07.2019

The following are the concepts of a multi-unit residential building and an individual residential building.

Order of the Ministry of Emergencies of Russia of 24.04.2013 No. 288
(as amended on 07/18/2013)
“On approval of the set of rules SP 4.13130“ Fire protection systems. Limiting the spread of fire at defense facilities. Requirements for space-planning and structural solutions “
3.17. multi-apartment residential building: Residential building in which the apartments have common non-apartment premises and engineering systems.

»About approval Guidelines to establish the characteristics of economy-class housing in relation to residential buildings, the construction of which is carried out using the federal budget "
apartment buildings - residential buildings with no more than three floors, consisting of one or more block sections, the number of which does not exceed four, in each of which there are several apartments and common areas and each of which has a separate entrance with access to the common area .
“A toolkit for the maintenance and repair of the housing stock. MDK 2004-04-04 "
(approved by Gosstroy of Russia)
Apartment building multi-unit - a residential building in which the apartments have common non-apartment premises and engineering systems.
Resolution of the Government of the Russian Federation of 06.05.2011 N 354
(as amended on March 26, 2014)
“On the provision of utilities to owners and users of premises in apartment buildings and residential buildings”
(together with the "Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings")
"The degree of improvement of an apartment building or a residential building" - a qualitative characteristic of an apartment building or a residential building, determined by the presence and composition of intra-house engineering systems that provide consumers with the utilities of the types that can be provided using such intra-house engineering systems.
Resolution of the Government of the Russian Federation of May 23, 2006 N 306
(as amended on March 26, 2014)
“On approval of the Rules for the establishment and determination of standards for the consumption of utilities”
"The degree of improvement of an apartment building or apartment building" - a qualitative characteristic of an apartment building or apartment building, determined by the presence and composition of intra-house engineering systems that provide consumers with the types of utilities that can be provided using such intra-house engineering systems, and intra-apartment equipment.
Order of the Ministry of Regional Development of the Russian Federation of February 27, 2010 N 79
“On approval of the Methodological recommendations for establishing the characteristics of economy class housing in relation to residential buildings, the construction of which is carried out using the federal budget”
individual houses - detached houses with no more than three floors, designed for one family;

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Lawyer, Samara

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Section 16. Housing Code

Types of premises

1. Residential premises include:

1) residential building, part of the residential building;

2) apartment, part of the apartment;

3) room.

2. A residential building is an individually defined building, which consists of rooms, as well as auxiliary facilities, designed to satisfy citizens' household and other needs associated with their residence in such a building.

3. An apartment is a structurally separate room in an apartment building, which provides direct access to common areas in such a house and consists of one or more rooms, as well as auxiliary rooms intended to satisfy citizens' household and other needs related to their living in 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.

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Lawyer, Stavropol

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Hello, Valery!

According to clause 3 Letter of the Ministry of Economic Development of Russia dated 20.03.2013 No. OG-D23-1426 “On the determination of the number of floors and number of storeys and criteria for classifying buildings as objects of individual housing construction” On the criteria for classifying buildings as objects of individual housing construction. According to part 2 of article 16 of Housing of the Code of the Russian Federation, an individually defined building is recognized as a residential building, which consists of rooms, as well as auxiliary facilities intended to satisfy citizens of household and other needs based on their living in such a building. Based on the provisions of Part 3 of Article 48 of the Urban Planning Code of the Russian Federation, individual housing construction projects are detached residential buildings with no more than three floors, intended for one family, for which the preparation of project documentation is carried out not required during construction, reconstruction, overhaul. In accordance with paragraph 6 of the Regulation on the recognition of premises as residential premises, residential premises unsuitable for life of an apartment building and an emergency and demolished or reconstructed, approved by Decree of the Government of the Russian Federation of January 28, 2006 N 47, an apartment building is a combination of two or more apartments having independent exits either to a land plot adjacent to a residential building or to premises common use in such a house. Thus, detached houses with more than three floors (when calculating the number of floors which include all floors in the building), do not apply to individual housing .

That is, if there are more than 3 floors, then such a house is recognized as an apartment building.

Good luck!

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Lawyer, Samara

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According to paragraph 6 of the Regulation on the recognition of premises as residential premises, residential premises unsuitable for living and an apartment building as emergency and subject to demolition, approved by Decree of the Government of the Russian Federation of 01.28.2006 N 47, an apartment building is a combination of two or more apartments having independent exits or to land adjacent to a residential building, or in common areas in such a house. An apartment building contains elements of common property of the owners of premises in such a house in accordance with housing legislation.

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Lawyer, Samara

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That is, to be multi-apartment, it is necessary that the building has two or more apartments. The definition of an apartment is indicated in Article 16 of the LC RF.

I consider it necessary to note that the house will be recognized or not recognized as multi-apartment on the basis of construction documentation and the project.

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Lawyer, Moscow

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Resolution of the Government of the Russian Federation of January 28, 2006 N 47
(as amended on April 8, 2013)
“On approval of the Regulation on the recognition of premises as residential premises, residential premises unsuitable for living and an apartment building as emergency and subject to demolition or reconstruction”
6. An apartment building is a combination of two or more apartments having independent exits either to a land plot adjacent to a residential building or to common areas in such a house. An apartment building contains elements of common property of the owners of premises in such a house in accordance with housing legislation.

Article 36. Ownership right to the common property of owners of premises in an apartment building
1. The owners of premises in an apartment building shall, by right of common shared ownership, own the common property in an apartment building, namely:
1) premises in this house, which are not parts of apartments and intended for servicing more than one room in this house, including inter-apartment stairwells, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, cellars, in which engineering communications, other equipment serving more than one room in this house (technical basements);
2) other premises in this house that do not belong to individual owners and are intended to meet the social and domestic needs of the owners of premises in this house, including premises intended for organizing their leisure, cultural development, children's creativity, physical education and sports, and similar events; 3) roofs enclosing load-bearing and non-bearing structures of a given house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one room;
4) the land plot on which the house is located, with elements of landscaping and landscaping, other facilities intended for maintenance, operation and improvement of this house and located on the indicated land plot.
Borders and Size the land, on which the apartment building is located, are determined in accordance with the requirements of land legislation and legislation on urban development.

There is also a determination of the Supreme Court of the Russian Federation of 03.10.2013 N APL13-410
<Об оставлении без изменения Решения Верховного Суда РФ от 01.07.2013 N АКПИ13-593, которым было отказано в удовлетворении заявления о признании недействующим абзаца первого пункта 6 Положения о признании помещения жилым помещением, жилого помещения непригодным для проживания и многоквартирного дома аварийным и подлежащим сносу и реконструкции, утв. Постановлением Правительства РФ от 28.01.2006 N 47 в котором указано, что по смыслу закона является МКД.

As correctly indicated in the appealed "\u003e court decision, from the above laws it follows that an apartment building is understood to mean a house that has at least two apartments that meet the requirements of part 3 of article 16 of the Housing Code of the Russian Federation, as well as belonging to the owners of these apartments on the basis of the common share property is common property, the composition of which, in accordance with subsection 36 (1) of the Code, includes premises in this building that are not parts of apartments and are intended to serve more than one room in this house, including inter-apartment staircases, stairs, elevators, elevator and other mines, corridors, technical floors, attics, basements, in which there are utilities, other equipment serving more than one room in the house (technical basements); other premises in this house that do not belong to individual owners and intended to meet the social and domestic needs of the owners of premises in this house, including premises intended for the organization of their leisure and cultural development ment, children's art, physical culture and sports and similar events; roofs enclosing load-bearing and non-bearing structures of a given house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one room; the land plot on which this house is located, with elements of landscaping and landscaping, other objects intended for maintenance, operation and improvement of this house and located on the indicated land plot. The concept of an apartment building used in the norm challenged by the applicant is based on the provisions of the law and is not contrary to them.

More details here: base.consultant.ru/cons/cgi/online.cgi?req\u003ddoc;base\u003dLAW;n\u003d153443

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Lawyer, Moscow

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If your objects have common property specified in Art. 36 LCD RF, it will be MKD.

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saint Petersburg

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Good afternoon!

LETTER of January 19, 2010 N D23-99

The Real Estate Department of the Ministry of Economic Development of Russia considered the appeal on the issue of classifying a residential building as an apartment building and reports within its competence.
1. The concept of an apartment building is not defined by the Housing Code of the Russian Federation. In accordance with paragraph 6 of the Regulation on the recognition of premises as residential premises, residential premises unsuitable for living and an apartment building emergency and subject to demolition or reconstruction, approved By the Decree of the Government of the Russian Federation of January 28, 2006 N 47, tenement house is recognized a combination of two or more apartments having independent exits either to a land plot adjacent to a residential building, or to common areas in such a house. An apartment building contains elements of common property of the owners of premises in such a house in accordance with housing legislation. According to Part 3 of Art. 16 of the Housing Code of the Russian Federation, an apartment is a structurally separate room in an apartment building, which provides direct access to common areas in such a house and consists of one or more rooms, as well as auxiliary rooms intended to satisfy citizens' household and other needs related to by their living in such a separate place.

At the same time, the residential building indicated in the appeal is subject to the provisions of paragraph 2 of part 2 of article 49 of the Town Planning Code of the Russian Federation, the concept of “residential buildings of blocked development”, which means residential buildings with no more than three floors, consisting of several blocks, the number of which does not exceed ten and each of which is intended for one family, has a common wall ( common walls) without openings with a neighboring block or neighboring blocks, located on a separate land plot and has access to the common area.

In accordance with paragraph 4 of Sec. I of the Guidelines for completing the federal statistical monitoring form approved by the Order of Rosstat dated 11.08.2009 N 168 “On the approval of statistical tools for organizing federal statistical monitoring of the activities carried out in the field of housing and communal services”, residential buildings of blocked development are multi-apartment residential buildings , despite the fact that the fundamental difference between residential buildings of blocked development from apartments is the possibility of access to the common areas, and akzhe lack of common areas, which distinguishes them from the apartment building. Moreover, all the provisions of the current legislation, including the norms of Art. 16 of the Federal Law of December 29, 2004 N 189-FZ “On the Enactment of the Housing Code of the Russian Federation” (hereinafter - the Law N 189-FZ).

Deputy Director
Department of Real Estate
M.V. BOCHAROV
19.01.2010

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Lawyer, Samara

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MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

1. The concept of an apartment building is not defined by the Housing Code of the Russian Federation. In accordance with paragraph 6 of the Regulation on the recognition of premises as residential premises, residential premises unsuitable for living and an apartment building as emergency and subject to demolition or reconstruction, approved by Decree of the Government of the Russian Federation of January 28, 2006 No. 47, an apartment building is a combination of two or more apartments having independent exits either to a land plot adjacent to a residential building, or to common areas in such a house. An apartment building contains elements of common property of the owners of premises in such a house in accordance with housing legislation. According to Part 3 of Art. 16 of the Housing Code of the Russian Federation, an apartment is a structurally separate room in an apartment building, which provides direct access to common areas in such a house and consists of one or more rooms, as well as auxiliary rooms intended to satisfy citizens' household and other needs related to their living in such a separate room.

In accordance with paragraph 4 of Sec. I of the Guidelines for completing the federal statistical monitoring form approved by the Order of Rosstat dated 11.08.2009 N 168 “On the approval of statistical tools for organizing federal statistical monitoring of the activities carried out in the field of housing and communal services”, residential buildings of blocked development are multi-apartment residential buildings , despite the fact that the fundamental difference between residential buildings of blocked development from apartments is the possibility of access to the common areas, and also the lack of common areas, which distinguishes them from an apartment building. Moreover, all the provisions of the current legislation, including the norms of Art. 16 of the Federal Law of December 29, 2004 N 189-FZ “On the Enactment of the Housing Code of the Russian Federation” (hereinafter - the Law N 189-FZ).

2. The land on which the apartment building is located, according to Part 1 of Art. 36 Housing Code of the Russian Federation, is part of the common property in an apartment building. The common property in an apartment building belongs to the right of common shared ownership to the owners of the premises in the apartment building.

Point 2 of Art. 8 of the Civil Code of the Russian Federation establishes that the rights to property subject to state registration arise from the moment of registration of the corresponding rights to it, unless otherwise provided by law.

In accordance with Art. 16 of Law N 189-ФЗ, the land plot on which the apartment building and other real estate objects that are part of this house are located, which was formed before the Housing Code of the Russian Federation came into force and in respect of which the state cadastral registration was carried out, goes free of charge into common shared ownership owners of premises in an apartment building. If the land plot on which the multi-apartment building and other real estate objects included in such a house are located has not been formed before the Housing Code of the Russian Federation comes into force, on the basis of a decision of the general meeting of owners of premises in the multi-apartment building, any person authorized by the said meeting has the right to apply to state authorities or local authorities with a statement on the formation of the land on which the apartment building is located. From the moment the land plot is formed and its state cadastral registration is carried out, the land plot on which the apartment building and other real estate objects that are part of such a house are located, goes free of charge into the common shared property of the owners of the premises in the apartment building.
In view of the foregoing, the owners of premises in multi-apartment buildings have the right of common shared ownership of the land on which such houses are located, arises by direct indication of the law.

In accordance with paragraph 2 of Art. 23 of the Federal Law of July 21, 1997 N 122-ФЗ “On State Registration of Rights to Real Estate and Transactions Therewith” (hereinafter - the Law N 122-ФЗ) state registration of occurrence, transition, restriction (encumbrance) or termination of the right to residential or non-residential premises in multi-apartment buildings are at the same time a state registration of the inextricably linked right to common shared ownership of common property.

If the land plot under the apartment building was on a rental right with the owner of the premises in the apartment building, after the owners of the premises in the apartment building acquired the ownership of the land, the rental relationship is terminated on the basis of Art. 413 of the Civil Code of the Russian Federation (termination of the obligation by the coincidence of the debtor and the creditor in one person).

Deputy Director
Department of Real Estate
M.V. BOCHAROV

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Lawyer, Samara

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An interesting court decision. Citizens were denied the recognition of a multi-apartment building, it turned out to be not so simple ...

Case No. 2-2033 / 2011

In the name of the Russian Federation

DD.MM.YYYY Leninsky District Court. Magnitogorsk, Chelyabinsk Region, composed of:

presiding judge: Galimova R.M.

when secretary: Mintsizbaeva E.S.

examined in open court a civil case under the lawsuit of Moiseeva L.S., Nurulina R.K., Chekalova O.N., Toldina N.A., Zarubina M.A., Agafonova I.V., Arkhipova E.V. to the Office of the Federal Service for State Registration, Cadastre and Cartography of the Chelyabinsk Region, the administration of Magnitogorsk on the recognition of an apartment building as an apartment building, the termination of the right of common shared ownership of the house, the cancellation of the record of state registration of rights, recognition of ownership

INSTALLED:

Moiseeva L.S., Nurulin R.K., Chekalova O.N., Toldina N.A., Zarubin M.A., Agafonova I.V., Arkhipova E.V. went to court with a lawsuit to the Office of the Federal Service state registration, cadastre and cartography in the Chelyabinsk region, in which, taking into account clarifications to the lawsuit, they are asked to recognize a residential building with a total area of \u200b\u200b717.6 square meters. to the address: Magnitogorsk,<адрес> by an apartment building, terminate the plaintiffs 'common ownership right to this house, cancel the records of state registration of plaintiffs' rights and recognize the right of ownership of each plaintiff to apartments in this house: for E. Arkhipova - three-room apartment No. No. with a total area of \u200b\u200b100 sq.m., for a one-room apartment No. No. with a total area of \u200b\u200b55.2 sq.m. and one-room apartment No. No. with a total area of \u200b\u200b45.4 sq.m., behind Agafonova I.V. - for a two-room apartment No. No. with a total area of \u200b\u200b57.5 sq.m., behind Moiseeva L.S. - for a three-room apartment No. No. with a total area of \u200b\u200b126.1 sq. M., Behind Nurulin R.K. - for a one-room apartment No. No. with a total area of \u200b\u200b47.5 sq.m., behind Zarubin MA - for a one-room apartment No. No. with a total area of \u200b\u200b38.1 sq.m., behind Toldina N.A. - for a three-room apartment No. No. with a total area of \u200b\u200b121.5 sq.m., behind Chekalova ON - for a one-room apartment No. No. with a total area of \u200b\u200b37.6 sq.m. (ld.139-141 volume 1).

In support of the lawsuit, the plaintiffs indicated that, on the basis of sales contracts, they are participants in shared ownership of the said house: E. Arkhipova - 8/100 and 23/100 shares in the law, Agafonova I.V. - 10/100 shares, Moiseeva L.S. - 20/100, Nurulin R.K. - 7/100, Zarubin M.A. - 6/100, Toldina N.A. - 20/100, Chekalova O.N. - 6/100 shares. In fact, the plaintiffs use and own structurally separate premises, which are apartments, from the data sheet from DD.MM.YYYY it is seen that the apartment is multi-apartment, the apartments have exits to the land, the plaintiffs have reached an agreement on the termination of the right of common shared ownership and the allocation of shares from the common property, but according to their statement from DD.MM.YYYY, the Rosreestr’s Office, by a message from DD.MM.YYYY, refused to terminate the right to common shared ownership in connection with the failure to submit documents on changing the status of an individual apartment building on an apartment building.

At the hearing the representative of the plaintiffs by proxy (ld 7-13) Khasanova G.K. He insisted on the claims.

The representative of the defendant of the Office of the Federal Service for State Registration, Cadastre and Cartography of the Chelyabinsk Region Dyadenko K.A. by proxy (ld 101), the claim was not recognized, explaining that the Rosreestr Directorate is not a proper defendant, since their refusal to register is not appealed, the reasons for the refusal to register were indicated in the notification, to register the plaintiffs' ownership of apartments the status of the house and the plaintiffs must submit an application to the city administration to change the status of the land.

The representative involved in the case as co-defendant of the administration of Magnitogorsk Bessonova N.V. by proxy (ld99), the lawsuit was not recognized, explaining that the permission for the reconstruction of an individual residential building for an apartment building was not issued by the city administration, it is necessary to present permission to put the facility into operation during the reconstruction of the house, there are no documents on changing the status of the house, this the building is an unauthorized construction, the plaintiffs did not contact the administration to conduct public hearings to obtain the type of permitted use of the land plot - conditional permitted, attempts to obtain permission No reconstruction was undertaken; the expert opinion did not indicate that there was a technical possibility of isolating isolated apartments.

The plaintiffs, the representative of OblSTI OGUP, who was involved in the case as 3 persons, did not accept participation in the court session with the appropriate notice of the time and place of the consideration of the case, notified by summons, the plaintiffs submitted a statement on the consideration of the case in their absence (ld. 87 volume 1, ld 58-65 volume 2).

The court issued a ruling on the consideration of the case in the absence of the plaintiffs and 3 persons in accordance with Article 167 of the Code of Civil Procedure of the Russian Federation.

Having heard the representatives of the parties, having examined the case materials at the hearing, the court finds the lawsuit not to be satisfied.

As established by the court, the plaintiffs are the owners of a residential building with a total area of \u200b\u200b717.6 sq.m., located at: Magnitogorsk,<адрес> in the following shares: Arkhipova E.V. - 23/100 and 8/100, Agafonova I.V. - 10/100, Moiseeva L.S. - 20/100, Nurulin R.K. - 7/100, Zarubin M.A.- 6/100, Toldina N.A. - 20/100, Chekalova O.N. - 6/100 on the basis of sales contracts from DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY, DD.MM .YYYY, respectively, and certificates of state registration of rights from DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY, respectively (ld .46-53 volume 1).

The indicated house consists of 2 floors and an attic.

With DD.MM.YYYY the plot was in the ownership of the plaintiff E. Arkhipova, with DD.MM.YYYY under the purchase and sale agreement from DD.MM.YYYY registered by DD.MM.YYYY, this land plot is in common ownership of the plaintiffs : Arkhipova E.V. - 31/100 shares, N. Toldina - 20/100, Chekalova O.N. - 6/100, Agafonova I.V. - 10/100, Moiseeva L.S. - 20/100, Nurulina R.K. - 7/100, Zarubina M.A. - 6/100.

Thus, at the time of consideration of the case, the shares of the plaintiffs in the right of ownership of the residential building correspond to their shares in the ownership of the land on which the residential building is located.

According to the technical passport from DD.MM.YYYY house on<адрес> in Magnitogorsk it was an individual residential building (ld 195-1204 volume 1), when compiling the technical passport DD.MM.YYYY by the Federal Bureau of Technical Property, it was established that the house is actually an apartment building consisting of 9 apartments (l. d.64-79 volume 1), DD.MM.YYYY compiled technical passports for each apartment (ld 266-251 volume 1, ld 1-48 volume 2).

In this case, permits for the reconstruction of an individual residential building at<адрес> in Magnitogorsk in the administration of Magnitogorsk neither the plaintiffs nor the previous owners of the house were received.

DD.MM.YYYY Moiseeva L.S., acting on her own behalf and on behalf of Nurulin R.K., Chekalova O.N., Toldina N.A., Zarubina M.A., Agafonova I.V., Arkhipova E .V., Signed an agreement in simple written form, according to which the parties agreed to allocate a share of the total property in kind, they transfer ownership of the apartments: E. Arkhipova - three-room apartment No. No. with a total area of \u200b\u200b100 sq.m., one-room apartment No. No. with a total area of \u200b\u200b55.2 sq.m., one-room apartment No. No. with a total area of \u200b\u200b45.4 sq.m., Agafonova I.V. - two-room apartment No. No. with a total area of \u200b\u200b57.5 sq.m., L. Moiseeva - three-room apartment No. No. with a total area of \u200b\u200b126.1 sq.m., Nurulin R.K. - One-room apartment No. No. with a total area of \u200b\u200b47.5 sq.m., Zarubin M.A. - One-room apartment No. No. with a total area of \u200b\u200b38.1 sq.m., N. Toldina - three-room apartment No. No. with a total area of \u200b\u200b121.5 sq.m., Chekalova ON - One-room apartment No. No. with a total area of \u200b\u200b37.6 sq.m (ld111-114 volume 1).

In DD.MM.YYYY, the plaintiffs applied to the Office of the Federal Service for State Registration, Cadastre and Cartography of the Chelyabinsk Region with an application for state registration of the termination of the right of common shared ownership of the indicated apartment building, written registration from DD.MM.YYYY was denied such registration the grounds that the administration did not issue permission for the reconstruction of an individual residential building on<адрес> for an apartment building, permission to transfer a land plot to the same address from one zone to another was not provided, a decision on changing the type of real estate object to an apartment building by a local government was not made (ld 14-45 volume 1).

Expert opinion of LLC “<данные изъяты>"№ № from DD.MM.YYYY established that the state of the main supporting and enclosing structures of a residential building located at the address: Chelyabinsk region, Magnitogorsk,<адрес> rated as workable. The operation of a non-residential residential building does not pose a threat to human life and health. The area of \u200b\u200bthe apartments corresponds to the ideal shares of the owners. Individual residential building located at: Magnitogorsk,<адрес> possesses the signs of an apartment building. The persons who made the conclusion gave recommendations on the use of the house: to prevent the presence of snow cover of more than 140 kg / sq.m. on the roof of the building (perform timely cleaning) and others (ld 160-189 volume 1).

Expert opinion of LLC “<данные изъяты>»No. No. from DD.MM.YYYY established that as a result of the reconstruction of the house at the address: Magnitogorsk,<адрес> There were no significant violations of urban planning and construction norms and rules. Such reconstruction does not pose a threat to the life and health of people (ld 49-57 volume 2).

DD.MM.YYYY the plaintiffs appealed to the head of the Department of Architecture and Urban Planning of the Administration of Magnitogorsk with a request for a duplicate permission to put the facility into operation, a message on the list of documents confirming the change in the status of an apartment building to an apartment building, about the possibility of recognizing the house by<адрес> in the city of Magnitogorsk multi-unit (ld 232--233 volume 1).

A letter to the plaintiffs explained to the plaintiffs by a letter from the head of the Department of Architecture and Urban Planning of the Administration of Magnitogorsk that the permission to enter an individual house was<адрес> in Magnitogorsk, the administration did not issue, in order to terminate the right of common shared ownership, it is necessary to submit an application to the city administration for holding public hearings in order to obtain permission for the conditionally permitted type of use of the land plot - construction (reconstruction) of an apartment building 3-4 floors, after the results of public hearings apply to the MFC for the reconstruction of an individual residential building into an apartment building, in order to decide on the issue of permission to put the facility into operation to file an application with the application of documents in accordance with Part 3 of Article 55 of the Civil Code of the Russian Federation (ld.234 volume 1).

The plaintiffs did not submit the relevant applications and documents, which were reported by the administration in the indicated letter, to the city administration.

As the representative of the plaintiffs explained, this is not necessary, since the expert opinion confirmed the absence of violations, the plaintiffs acquired shares after the reconstruction of the house and will not be able to present permission to put the facility into operation.

These circumstances are confirmed by: copies of written communications from the Rosreestr Office to the plaintiffs about the refusal of state registration from DD.MM.YYYY (ld 14-45 volume 1), copies of certificates of state registration of the plaintiffs' ownership of shares in the right to a residential building (l .d. 46-53 volume 1), a copy of the cadastral passport of the land<адрес> in Magnitogorsk (ld 55-57 volume 1), copies of the contract of sale of shares in the right to a residential building (ld 58-63 volume 1), a copy of the registration certificate for the house from DD.MM.YYYY ( ld64-79 volume 1), copies of the registration certificate for the house from DD.MM.YYYY, from DD.MM.YYYY (ld 195-214 volume 1), a copy of the agreement from DD.MM.YYYY (l. 111-114 volume 1), a message from OGUP OblTsTI from DD.MM.YYYY (ld126 volume 1), copies of cadastral passports of apartments from DD.MM.YYYYY (ld.142-151 volume 1 ), expert opinions of LLC<данные изъяты>"No. No. from DD.MM.YYYY and No. No. from DD.MM.YYYY (ld160-189 volume 1, ld 49-57 volume 2), by the plaintiffs, to the head of the Department of Architecture and Urban Planning of the Administration of DDD. MM.YYYY (ld.232-233 volume 1), letter from the administration of Magnitogorsk from DD.MM.YYYY (ld.234 volume 1), a copy of the contract of sale of shares in the right to land from DD.MM .YYYY (ld. 235 volume 1), copies of certificates of state registration of plaintiffs' right to land (ld. 236-242 volume 1), copies of technical passports for apartments from DD.MM.YYYY (ld. 246 -251 volume 1, ld 1-48 volume 2).

By virtue of clause 6 of the Regulation on the recognition of premises as residential premises, residential premises unsuitable for living and an apartment building as emergency and subject to demolition or reconstruction (approved by Decree of the Government of the Russian Federation of January 28, 2006 N 47) (as amended on August 2, 2007 ) an apartment building is a combination of two or more apartments having independent exits either to a land plot adjacent to a residential building or to common premises in such a house. An apartment building contains elements of common property of the owners of premises in such a house in accordance with housing legislation.

By virtue of Article 2 of the Town Planning Code of the Russian Federation legislation on

urban development activities and regulatory legal acts issued in accordance with it are based on the following principles:

implementation of construction on the basis of territorial planning documents, land use and development rules and territory planning documentation.

According to part 1,2,3 Art. 37 of the Town Planning Code of the Russian Federation

the use of land and capital construction projects may be of the following types: 1) the main types of permitted use; 2) conditionally permitted uses; 3) auxiliary types of permitted use, permissible only as additional to the main types of permitted use and conditionally permitted types of use and carried out in conjunction with them.

In relation to each territorial zone, the types of permitted use of land plots and capital construction objects are established.

Changing one type of permitted use of land and capital construction projects to another type of such use is carried out in accordance with the urban planning regulations, subject to the requirements of technical regulations.

According to part 1,2,3 Art. 39 of the Town Planning Code of the Russian Federation, an individual or legal entity interested in granting a permit for a conditionally permitted type of use of a land plot or capital construction object (hereinafter - a permit for a conditionally permitted type of use) shall send an application for a permit for a conditionally permitted type of use to the commission.

The issue of granting permission for a conditionally permitted type of use is subject to discussion at public hearings.

In order to comply with the human right to favorable living conditions, rights and legitimate interests of the owners of land plots and capital construction projects, public hearings on the issue of granting permission for conditionally permitted use are held with the participation of citizens residing within the territorial zone within which the land plot is located or capital construction object for which permission is requested.

By virtue of Art. 51 of the Town Planning Code of the Russian Federation Construction, reconstruction of capital construction projects are carried out on the basis of a building permit, with the exception of cases provided for in this article.

A building permit is issued by the local government at the location of the land, with the exception of cases provided for in paragraphs 5 and 6 of this article and other federal laws.

By virtue of Part 2 of Article 3 of the Federal Law of November 17, 1995 N 169-ФЗ “On Architectural Activities in the Russian Federation” (as amended on December 30, 2001, January 10, 2003, August 22, 2004, December 18, 2006, December 30, 2008, July 19, 2011) A building permit is not required if the construction work does not entail changes in the external architectural appearance of the existing buildings of the city or other settlement and their individual objects and not affect the reliability and safety characteristics of buildings, structures and utilities.

The determination of the list of objects for the construction of which a building permit is not required relates to the authority of state authorities of the constituent entities of the Russian Federation.

The construction of any object should be carried out with the permission of the owner of the land plot and (or) the building, structure and in compliance with town planning, construction norms and rules.

By virtue of clause 8, paragraph 1, article 1 of the Land Code of the Russian Federation, this Code and

other acts of land legislation published in accordance with it are based on the following principles:

division of land for its intended purpose into categories according to which the legal regime of lands is determined on the basis of their belonging to a certain category and permitted use in accordance with the zoning of territories and the requirements of legislation.

By virtue of clause 2, paragraph 1, article 40 of the RF Labor Code, the owner of the land has

right: to erect residential, industrial, cultural, domestic and other buildings, structures, structures in accordance with the intended purpose of the land plot and its permitted use in compliance with the requirements of town planning regulations, construction, environmental, sanitary, fire and other rules and standards.

According to Article 42 of the RF Labor Code, owners of land plots and persons not

owning land plots are required to:

use land in accordance with their intended purpose and belonging to a particular category of land and permitted use in ways that should not harm the environment, including land as a natural object;

when using land plots to comply with the requirements of town planning regulations, construction, environmental, sanitary, fire and other rules and regulations.

Since the permission provided for by the above norms of the Town Planning Code of the Russian Federation for the reconstruction of an individual residential building<адрес> in Magnitogorsk was not received prior to such a reconstruction, then the norms of Article 222 of the Civil Code of the Russian Federation, according to which an unauthorized building is a residential building, another building, structure or other real estate created on a land plot not allocated for of these goals in the manner prescribed by law and other legal acts, or created without obtaining the necessary permits or with a significant violation of town planning and construction norms and rules.

The right of ownership to unauthorized construction may be recognized by the court, and in cases provided for by law in a different manner prescribed by law, for a person, in ownership, for a lifetime inherited possession, whose permanent (unlimited) use is the land plot where the construction is carried out.

By virtue of clause 1.2 of Article 252 of the Civil Code of the Russian Federation, property in shared ownership can be divided between its participants by agreement between them.

A participant in shared ownership is entitled to demand the allocation of his share from the common property.

In such circumstances, the court concludes that the claims are not substantiated, the rights of the plaintiffs are not violated and are not subject to judicial protection, since the plaintiffs do not take any measures to obtain permission to reconstruct the disputed building into an apartment building, the administration of Magnitogorsk was the procedure for obtaining such permission was clarified, however, the plaintiffs did not apply with the relevant applications, the local government did not refuse to satisfy the plaintiffs' application.

The management of the Rosreestr is a registering body and does not have the right to independently decide on the reconstruction of houses, on changing the type of land use, therefore the refusal of the registering body if the plaintiffs do not provide the documents necessary for registration with the plaintiffs are not violated.

At the same time, the court takes into account that in order to change the type of permitted land use to conditionally permitted, in turn, to reconstruct a 2-story building to a 3-story building with a change in internal structures, public hearings are required upon the plaintiffs statement, the plaintiffs do not submit an application, without considering it necessary. Amendments to the rules of land use and development are carried out in the manner prescribed by Articles 31 and 32 of the Civil Code of the Russian Federation, establishing the mandatory procedures for conciliation with a representative body of local self-government.

Evidence of a change in the type of permitted use in the manner prescribed by law, the plaintiffs are not presented.

The competence of the court does not include recognition of the apartment building. Such decisions are entitled to be taken by the local government in a specific order, the plaintiffs have not complied with this procedure, while the plaintiffs are not prevented from contacting the local government with relevant statements and available documents.

Therefore, the court has no legal basis for recognizing a house by<адрес> in Magnitogorsk a multi-apartment building and, accordingly, termination of the plaintiffs' common ownership right to the house with the cancellation of state registration of plaintiffs' rights and recognition of plaintiffs' ownership of individual apartments in the said house.

Guided by Article.Article.194-198 Code of Civil Procedure of the Russian Federation, court

In satisfaction of the claims Moiseeva L.S., Nurulina R.K., Chekalova Oh.N., Toldina N.A., Zarubina M.A., Agafonova I.V., Arkhipova V.V. to the Office of the Federal Service for State Registration, Cadastre and Cartography of the Chelyabinsk Region, the administration of Magnitogorsk on recognizing a dwelling as an apartment building, terminating the right of common shared ownership of the house, canceling the record of state registration of rights, denying ownership.

The decision can be appealed to the Chelyabinsk regional court within 10 days from the date of the decision by the court in final form.

Below we provide excerpts from the current legislation and regulatory documents regarding the issue of determining and classifying a house as an individual housing project.

Individual residential building

By definition of part 3 of article 48 of the Town Planning Code of the Russian Federation, an individual residential building is a building that meets the following requirements:

standing separately
number of floors no more than three
intended for single family living

At first glance, everything is more than understandable and obvious, however, you can often hear disputes regarding the number of floors of the house, how they are considered. Disputes arise due to different definitions of similar terms: “number of floors” and “number of storeys”.

Floors of residential buildings

To begin with, we will figure out what floors can be in a residential building and how they are divided:

Attic floor (attic)- a floor in the attic space, the facade of which is fully or partially formed by the surface (surfaces) of an inclined or sloping roof, while the line of intersection of the roof plane and the facade should be no more than 1.5 m above the floor level of the attic floor.
Above ground floor - the floor at the floor mark of the premises is not lower than the planning level of the earth.
Basement - the floor with the floor mark of the premises below the planning level of the land more than half the height of the room.
Ground floor - the floor at the floor mark of the premises below the planning level of the earth to a height of not more than half the height of the premises.
Technical floor - floor for the placement of engineering equipment and communications; can be located in the lower (technical underground), upper (technical attic) or in the middle of the building.

Number of floors and number of storeys

The terms "number of floors" and "number of storeys" are not synonymous and cannot replace each other.

Storeys - the number of aboveground floors, including the technical floor, the attic, and also the basement floor, if the top of its ceiling is not less than 2 m above the average planning level of the ground. The first floor is considered to be a floor whose floor is not lower than the level of the planned land. If individual parts of a residential building have a different number of elevated floors, its number of storeys is determined by the largest number of floors in the building.
Number of floors - the number of all floors, including underground, basement, basement, elevated, technical, attic.

IZHS or not?

Thus, an individual residential house, this is a house the number of all floors of which does not exceed three, regardless of whether it is aboveground or underground floors, technical, basement or basement. A house with two full elevated floors, a third attic floor, and an underground basement is not an object of individual housing construction. The construction of such a house entails certain difficulties:

Difficulty in obtaining a building permit. You must see the type of permitted use of the land. Most likely, building a house other than IZHS will be prohibited.

Mandatory development of project documentation by an involved organization with a certificate of self-regulatory organization. Membership of SROs annually costs a significant amount, which is necessarily included in the price of the project.

The cost of developing such a project is much higher than the cost of the project of an individual residential building. Since the project and its composition are subject to special requirements that cannot be derogated from. To verify the quality of the developed documentation, the need for examination is established by law.

We made an attempt to deal with concepts such as "Individual housing construction" and "Low-rise housing construction". They established the similarities and differences between these types of construction. We came to the conclusion that individual housing construction is considered as a kind of low-rise housing construction.
We also asked ourselves: what is meant by an object of individual and low-rise housing construction? Are there any differences between them?

The question is not idle if you want to allocate your share in kind in the form of an individually defined real estate object in order to register an individual right to it.

And here we are again faced with the problem: the concepts of real estate (building, premises, apartment, individual residential block) in different branches of law have either different meanings, or one of the features (signs) of the original concept of the industry is used.

Let’s try to figure out how the objects of low-rise and individual housing construction are defined in normative and normative-technical documents. What legal and practical meaning can be established in the concepts of "object of low-rise housing construction" and "object of individual housing construction".

When talking about individual housing, usually means the construction of one - two-story residential building. The second or third floor of such a house, as a rule, is the attic floor.
Indeed, the Town Planning Code of the Russian Federation classifies low-rise buildings with houses with no more than three floors. It follows, as it were, that in the zone of development by individual houses there should be the type of houses mentioned above.

At the same time, regulatory and technical documents also provide for the construction of one-, two- and three-story residential buildings blocked development. They are characterized by the presence of several residential blocks, the number of which does not exceed ten, and each residential block has one or more common walls without openings with neighboring blocks. Such a locked house is located on a separate land plot and has access to the common area. It should be noted that in a number of explanatory documents the Ministry of Economic Development of the Russian Federation indicates that the definition of an individual house in the Town Planning Code of the Russian Federation is conditional, does not refer to the construction process, but to the design and examination processes. From this it is concluded that the restriction of an individual residential building to three floors by urban planning legislation is not provided. The house can be higher than three floors.
And yet, if you imagine a three-story blocked residential building with separate apartments, then it will completely "pull" under the definition of an apartment building.

In general, normative and technical documents blocked residential buildings are classified as multi-unit.
At the same time, urban planning legislation establishes some special criteria by which blocked residential buildings can be distinguished from multi-storey buildings.

Multi-storey buildings consist of one or more block sections, the number of which does not exceed four. In each residential section there are several apartments and common areas. Each residential section has a separate entrance with access to the common area.

Blocked house, residential block, residential section, block section ... Now, we are already confused. Try to distinguish a blocked house from an individual, low-rise or high-rise building by these specific criteria. As you can see, if we proceed from such a criterion as "number of storeys", then we cannot understand these concepts.

Surprisingly, in urban planning legislation there is another criterion - the purpose of the apartment building, depending on the number of relatives living in it, covered by the concept of "family". Indeed, this term is widely used in legislation, but it is more sociological rather than legal in nature. In the family, civil, labor and other branches of law, different meanings are invested in it.

In the legal sense, in family law, a family is defined as a circle of persons bound by personal non-property and property rights and obligations arising from marriage, kinship, adoption, or any other form of taking children into the family for upbringing. But in the urban planning legislation, it seems to have been given a “statistical” meaning, namely, for how many families a residential building is intended for.

Given this criterion, if a residential building does not contain a certain number of residential blocks or as a whole represents one block and is intended for one family, then it can be attributed to the individual housing construction objects. If the same locked house consists of several residential blocks, each of which is designed for one independent family, then it can be attributed ....? As you can see, with this criterion we are at an impasse.

We will try to find answers to such questions in building codes and rules or codes of rules.
I tried to bring some clarity to the terminology and classification of residential buildings in 2001-2003 by the Gosstroy of Russia. By resolutions of the Gosstroy of the Russian Federation of March 22, 2001 No. 35 and of June 23, 2003 No. 109, SNiP 31-02-2001 “Residential single-family houses” and SNiP 31-01-2003 “Residential multi-apartment buildings” were adopted and enforced.
From the name of these documents it can be seen that in housing construction, subdivision buildings are divided into single-apartment and multi-apartment.
According to SNiP 31-01-2003, blocked residential buildings belong to multi-apartment residential buildings along with residential buildings of sectional, gallery and corridor type. A characteristic feature of such buildings is the presence of residential sections (apartments) that have access to one stairwell directly or through a corridor, and are separated from other parts of the building by a blank wall. In a sectional type building, exits take place directly on the land plot.

It should be noted that the norms and rules of SNiP 31-01-2003 do not apply to blocked residential buildings designed in accordance with the requirements of SNiP 31-02-2001, in which the premises belonging to different apartments are not located one above the other, and are common only the walls between adjacent blocks.

From this, important conclusions follow: for an apartment building, the characteristic features are (1) the location of the premises (residential and non-residential) one above the other and (2) these premises should belong to different apartments. If such premises in the house belong to the same apartment, even when they are located one above the other, then there are no signs of “multi-unit housing”.

SNiP 31-02-2001 defined a blocked residential building as an apartment type building, consisting of two or more apartments, each of which has direct access to the apartment block. An important feature in this definition is that each family living in the apartment has access to "their" land directly adjacent to the house, and the premises of the apartment that belong to the family can be located either directly on the ground floor in a one-story house, and on subsequent floors - in a multi-storey building. The criterion for the number of storeys is not determining here.

At the same time, the indicated norms and rules in relation to blocked houses established features according to which a blocked house could be considered as a single-family house, and, therefore, it can be attributed to an individual housing construction object. The norms SNiP 31-02-2001 “Residential single-family houses” also apply to blocked houses, the residential blocks of which are autonomous and are considered as separate single-apartment houses.

On September 1, 2006, Federal Law No. 93-FZ of June 30, 2006, “On Amending Certain Legislative Acts of the Russian Federation on the Issue of Simplifying Citizens' Rights to Certain Real Estate Items” entered into force. This law has established a simplified procedure for registering ownership of a number of real estate objects, including individual residential buildings.

What is an individual residential building?

In order to answer the question posed, one should turn to the Town Planning Code of the Russian Federation, which entered into force on December 30, 2004, namely, to article 49.

According to this norm, individual housing projects include detached residential buildings with no more than three floors, designed for one family. Thus, in order for a residential building to be considered individual, there must be a combination of three conditions:

The house must be detached.

The number of floors should not exceed three (moreover, the Ministry of Regional Development of the Russian Federation expressed the view that floors should be considered both aboveground and underground floors).

The house should be designed for one family.

Given the above, a simplified procedure for state registration can be applied only to such houses.

What is the simplified procedure for registering the rights of citizens to created and created individual residential buildings?

Previously, an obstacle in registering ownership of buildings, structures, structures created on a land plot without obtaining the necessary permits for this was the norm of Article 222 of the Civil Code of the Russian Federation. Such a building was considered unauthorized, and the ownership of it could only be recognized by the court, provided that its preservation would not violate the rights and interests of others protected by law or pose a threat to the life and health of citizens. As a result, millions of citizens who built buildings, structures and structures on land plots intended for horticulture, personal subsidiary plots, individual garage and individual housing construction decades ago could not actually register the rights to these real estate objects. Now a citizen can register the ownership of a house, another building created on the land provided to the citizen for individual housing and garage construction, personal subsidiary farming, gardening and gardening.

In accordance with the new article 25.3 of the Federal Law “On State Registration of Rights to Real Estate and Transactions therewith”, for a state registration of ownership of newly created or created real estate objects, the citizen must attach to the application submitted to the registration chamber: - a document confirming the fact creating such an object; - a document confirming the rights to the land on which such an object is located; - Cadastral plan of this land.

The submission of a cadastral plan of a land plot is not required in the following cases: - if the right to a land plot has previously been registered with the registration chamber; - if the conclusion of the local government of the relevant settlement or city district is submitted, confirming that the real estate is located within the boundaries of the land provided to the citizen for personal subsidiary plots.

A document confirming the fact of creating a residential building on a land plot for individual housing construction and a land plot for personal subsidiary plots is the cadastral passport of such a house, filled out by the BTI Federal State Institution “Rostekhinventarization”, and the fact of creating auxiliary buildings, structures or structures on these land plots is confirmed a declaration filled out by a citizen about such an auxiliary building, building or structure.
Simplification of the registration of such houses was a temporary (until January 1, 2010) refusal to obtain and submit a registration permit for its construction, which earlier citizens also spent a lot of time and money on.

How does current law define an apartment building?

In Russia, the majority of the population lives in urban settlements. Moreover, according to the data obtained during the All-Russian Population Census of 2002, dwellings by their types are distributed as follows: in total there are 49,073,158 dwellings, including 13,203,910 individual houses, which is 26.9%, the number individual apartments in multi-storey buildings are equal to 34,463,400, and communal ones - 488,520. Thus, 73% of all residential premises are in multi-apartment buildings.

But what about the current legislation defines an “apartment building”?
According to clause 6 of the Regulation on the recognition of premises as residential premises, residential premises unsuitable for living and an apartment building as emergency and subject to demolition or reconstruction, approved by Decree of the Government of the Russian Federation No. 47 of January 28, 2006, an aggregate of two or more apartments having independent exits is recognized either on a land plot adjacent to a residential building, or in common areas in such a house.

State registration of ownership of apartment buildings cannot be carried out on the basis of the norms of the Federal Law “On Amending Certain Legislative Acts of the Russian Federation on the Issue in a Simplified Procedure of Citizens' Rights to Certain Real Estate Objects” dated 30.06.06. No. 93-FZ.
For apartment buildings completed with construction, it is necessary to apply for permission to put the facility into operation.

And, of course, do not forget the most important thing - before you build, any developer needs to apply for a building permit and land documents.

Registration of land under multi-apartment residential buildings.

If the land occupied by an apartment building is formed and put on cadastral registration before the entry into force of the Housing Code of the Russian Federation, then it will be transferred free of charge to the common shared property of all owners of the premises. The right of shared ownership of land arises from March 1, 2005 by force of law.

If the land plot in the existing building is not formed, then for the acquisition of the right of shared ownership of the common land, the following is required: - holding a general meeting of the owners of the premises; - appeal of the person authorized by the meeting to a state authority or local government with a statement on the formation of the site; - adoption by the authorized body of a decision on the preparation of documentation for planning and land surveying; - adoption by the authorized body of a decision on the approval of documentation for the project planning and land surveying; - Registration of the site on state cadastral registration.

In this case, the right of common shared ownership of the land to all owners of premises arises from the moment of the state cadastral registration.

If the apartment building was built after March 1, 2005, then acceptance of houses after this date is possible only when establishing the size and boundaries of the plot (Article 16 of the Law on the Enactment of the Housing Code), that is, if there is a formed plot occupied by the house. In this case, in accordance with the housing legislation, the right of shared ownership of the land of each owner of the premises arises from the moment the ownership of the premises arises.
It should be noted that in all three cases, the right to common ownership of land (together with the obligation to pay tax) arises without state registration. However, registration of the right of shared ownership will be mandatory in case of disposal of the common land plot.