September 9, 2017

What if the neighbors burned part of the common corridor?

Residents of apartment buildings often face situations when one of the tenants arbitrarily roam off part of the territory to their needs than block access to other owners to the use of common share owners, such as passage to a common corridor.

Such disputes are extremely rarely resolved by negotiation, and therefore the question arises: what to do next if the violation does not eliminate voluntarily and the violator behaves aggressively, not wanting to comply with the law.

Order order of the property of general use of residents of an apartment building

If we talk about the eligibility of tenants with respect to property and premises intended for general use, then every vest has the right to use, possession and disposal of property in the amount of proportional to the area of \u200b\u200bthe apartment, and it is prohibited from the nature of its part or the refusal of it. This right is enshrined in Art. 289-290 of the Civil Code of the Russian Federation.

Owners of apartment buildings, as follows from Part 1 of Art. 36 LCD of the Russian Federation, on the right of common share ownership is owned by the ownership of the common property of the house, which is intended for sharing by residents - stair cells, corridors, platforms, tambura, entrances, etc. Any actions with this property are not unable to be allowed to be obtained permission of all owners by virtue of Art. 247 of the Civil Code of the Russian Federation, Part 3 of Art. 44 LCD RF.

Typical situations of violations of rights
Examples of unauthorized seizure of common property can be set. One of them - a neighbor stalled the overall pantry, dryer or other room in such a way that other residents have lost access to part of the room and the possibility of its full use.

None of the tenants have the right to selflessly seize part of the common property in an apartment building, except in cases where such a right is provided to one of the tenants on the basis of the decision of the General Assembly of the owners of the apartments in such a house.

Examples of unauthorized seizure of common property:

• restriction of access to the total pantry;
• installing the door and restrictions on the roof;
• restriction of access to basement rooms;
• installing the door or access restriction in the overall wheelchair / pre-training / general hallway.

As read Art. 304 of the Civil Code of the Russian Federation, the owner of the property has the right to demand eliminating any violation of his right even in cases where such a violation does not deprive his rights to property. In the case of the seizure of the part of the corridor or other common areas, the rights of the owner on its full use are violated.

If the reconstruction being conducted by the tenant concerns the common property of tenants, then for the reconstruction, it is necessary to obtain the permission of all housing owners in the house (part 1 of Art. 40 LCD RF). If there was no such permission, you can safely convene a collection and raise the question of eliminating the obstacle impairment.

What to do and where to start to prevent violation

First What is worth starting, this is how to try to hold a collective meeting of all residents and make it necessary to discuss the issue of eliminating obstacles in the use of common property. In practice, such meetings rarely give a positive result, but this is necessary for fixing the very fact of the violation, which the corresponding decision is made. According to the results of the meeting, it is better to make a document that should be sent at least several members of the General Assembly.

The next stage There will be a photo and video fixation of the violation, the materials of which will be used as a confirmation of the fact of unauthorized seizure of common property.

In the third stage It is necessary to work on the collection of information and information about the violating itself, in order to be able to display the collected data in a statement that will be prepared at the fourth stage.

At the fourth stage A statement is prepared and sent to the authorized body, considering such administrative violations. As a rule, this is a management company or a special commission under the municipality. This body can give the assignment of the tenant, who captured a part of the common room, but they cannot completely force him to eliminate the violations.

Fifth stage, If the tenant does not eliminate obstacles - appeal to court. If the owners of the common property have not reached a single opinion on the use and order of them, then it is possible to resolve this dispute only through the court (Art. 247 of the Civil Code of the Russian Federation).

The court must provide all available documents relating to the conflict: photo-materials, the conclusion of authorized bodies and the management company, collective decisions of housing owners, etc.

The claim is submitted to the District Court at the location of real estate.

When drawing up an application, it is important to comply with the requirements of Art. 131-132 Code of Civil Procedure of the Russian Federation in terms of the content of the claim and the list of documents attached to it.

The lawsuit is paid by the state duty in the amount of 300 rubles, as a non-property application.

In the aggregate, the activities carried out will allow the responsibility of responsibility, obliging objects to dismantle it through the court through the court.

Note: With the continuation of the execution of the decision of the Court, the bailiffs have the right to impose a serious penalty on the tenant and forcibly, with the participation of the Criminal Code, to eliminate violations.

Specialist help

The most optimal option will be an appeal to a lawyer or a lawyer with a request to hold a job aimed at eliminating obstacles in the use of common property, as well as bringing the perpetrator to administrative responsibility solely in the legal field and a legitimate method.

Lawyer Kochenkov V.V. It will help to save your personal time to save and ensure the preparation of all the necessary documents and evidence to protect your interests both in the judicial and extrajudicial order.

Often the common corridor is big, and your apartment leads some deepening, that is, a narrow part that ends with your door. Many of this part are simply brazen by a metal or any other partition. Simple words make themselves tambour who leads to the apartment - and is it legal? And you can just take and overcoat the corridor? Let's deal with ...

I also have such a deepening, and I also think about this issue. And the neighbors on top of the partition already set. But is it legal?

What does the law say?

It is necessary to refer to two articles - the Civil Code and the Housing Code of the Russian Federation.

• Article 290 of the Civil Code of the Russian Federation

Owners of apartments in an apartment building belong to the right of common share ownership. General rooms at home, carrying house structures, mechanical, electrical, sanitary and other equipment outside or inside the apartment serving more than one apartment.

• Article 36 LCD RF

The owners of the premises in an apartment building belong to the right of the overall share ownership of the premises in this house that are not parts of apartments and intended for servicing more than one room in this house, including inter-weltering staircases, stairs, elevators, elevator and other mines, corridors, technical Floors, attics, cellars ...

A decrease in the size of the common property in an apartment building is possible only with the consent of all owners of the premises in this house by reconstruction.

Simple words - the corridor is part of the common property that belongs to all owners of the apartments of this house. And you, ourselves, unlikely, can not put a partition that overjoys access to other residents at home to this area. It is illegal! A partition is considered to be any wall, from any material, with a door that has a lock and key, that is, besides you, no one can get there.

You may be allowed to put the wall, only at the general meeting of tenants, when all residents will agree. It is controlled by articles - 44, 45, 46, 47, 48.

That is, in essence, you need to ask permission all residents at home, and not just your landing, as it often happens.

Is it possible to make a property?

Such a seizure of a common part of the public can be allowed! However, it will be impossible to issue this area to you, it also controls the law. That is, to be pregnant from the neighbors (with their consent you can), but to make a property and add to the living area of \u200b\u200byour apartment - no!

Controlled by Article - 290 Civil Code of the Russian Federation (paragraph 2).

However, in rare cases, when the redevelopment or reconstruction of the room is impossible without joining the total area, it is possible to accommodate in frequent property. However, this happens only when restoration and restructuring of buildings (Article 40, Civil Code of the Russian Federation).

What you need to know additionally

• As you understood it is impossible to brake by an unimpressed partition corridor. However, if you put the wall and install the door without a lock (that is, anyone can open it). That obstacles for other tenants will not and such a partition may stand on legal grounds. It needs to be understood!

• Also, a little "ask permission" to install a partition at the meeting of the owners of the house, it is necessary to inform the controlling authorities about it, such as the bodies of the housing inspection. Make it necessary!
• The partition is possible only if there is ownership of the apartment, this requires relevant documents, the housing inspection can be requested. They confirm that you have a part from the whole area of \u200b\u200bthe house. If you are removing the living space, you cannot accept such solutions! It also needs to be remembered.

I will say goodbye to this, I think this information was useful for many. Read our construction site.

Materials for repair

Repair work

Repair of a common corridor with neighbors It is customary to do several times less frequently, they did not have a repair in the corridor of each apartment. Of course, to agree with the neighbors about cleaning things, buying materials that will be used for repair and their color scheme is not always easy, because each person has an individual vision of the perfect corridor. In addition, you need to find all the necessary tools for repair work.

Materials for repair

Overhaul is quite expensive pleasure, so cosmetic will be enough for repair in the general corridor. When carrying out repair, it is necessary to consult with its neighbors, so that there are no disagreements and did not have to pay the amount that exceeds half the cost (if the general corridor is designed for 2 apartments). First, it is necessary to carefully plan the repair work and only after that get all the necessary materials in the necessary quantities.

In the construction supermarket, you need to purchase a mounting foam, linoleum, plinth, perforated corner, paint for walls, a kel for it, a shock drill, putty, dowels and screws, an electric mixer for the manufacture of mixtures and solutions, a screwdriver, etc. Of course, all It is not necessary to buy it if you have such items in the farm.

Repair work

First, it is necessary to remove all the paint from the walls and the ceiling to remove all the paint from the walls and the ceiling, and also remove the plaster. It should be carefully cementing, shook the ceiling and wall sections, which are in poor condition. It is necessary to give at least one day to dry everything.

Old lamps should be changed on modern daylight lamps. If there is an old electricity meter in the corridor, which does not function, it should be removed, but not independently, but with the help of electric hoist. Doors to the apartment can be changed independently, because each family can have different financial capabilities. The floor should also be washed and give it time to dry completely.

For coloring walls, it is best to use acrylic paint, because it does not dock clothes, but to apply to the surface easily and quickly. Paint must be applied in two layers. If the wooden floor has slots, they are required to fill with the mounting foam, and then after drying, cut off their unnecessary parts. Then it remains only to be displayed linoleum and secure the plinth.

Travel

Dear laws, help the Council.

Prehistory is as follows. On the floor of the high-rise building in our lobby 3 apartments. After trying to open the castle of my neighbor, I, this neighbor and the owner of the Third Apartments decided to install the metal door on the hall. Everyone was agreed to participate in equal part in the purchase and installation of the door.
Neighbor ordered the door, they set her, I gave her part, and the neighbor was given to give away to give up, motivating the fact that the door is bad and expensive (14 tr.)
Without going into details, I will say that this neighbor belongs to the type "Updated lonely pensioner with a very healthy psyche".
Now he is threatened to pour somewhere, so that the door removed.
The question is actually like this. What regulatory acts are governed with access to the fire cabinet (which is in the lobby). If, for example, simply remove the locks from the door, does it satisfy the firefighters, or will anyway oblige to dismantle the door? What other options are possible?
By the way, such doors are worth almost everyone in the house and I understand that it is not correct. But people are more afraid of the houses, than a fire.

Gave God's neighbor ..

Super moderator

... installed. The management company has nothing against the installation of 2 doors, provided that the copies of both keys (1 from the elevator hall, and the 2nd from the staircase) will be stored in the conjugrut.
This is an answer to a similar question on another forum. Now I also dig.

Installation of additional doors: prohibited on stair marches, in elevator and apartment halls, in accordance with the requirements of the order of the Ministry of Emergency Situations of the Russian Federation of June 18, 2003 N 313 "On approval of fire safety rules in the Russian Federation (PPB 01-03)".
And this is from the official site of one of the Criminal Code ...

2. It is impossible to close access to equipment (valves, cranes, etc.) - p. 10.6 SNiP 31-01-2003, and also to install that disconnect or regulating devices on general engineering networks (clause 3.6 of Annex 2 to the Decree of the Government of Moscow No. 73 -PP dated 08.02.2005 in Ed. No. 883-PP dated November 15, 2005).

http://www.ivd.ru/document.xgi?id\u003d5338&gid\u003d245&oid\u003d301 is from here.
We have a general custom door, there were different commissions, firefighters, no one needs anything, the main thing is that the valve in place is and the sleeve. Yes Access to the cabinet is free. And we did not give keys to anyone, we have no one, there is no conjugay ...

Registration: 02.04.07 Messages: 1.837 Gratitude: 5.444

Just a good person

Registration: 02.04.07 Messages: 1.837 Gratitude: 5.444 Address: Russia, Moscow

We and the neighbor had a similar situation. At first I agreed, and after installing the door did not pay attention. All expenses we divided only with 1 neighbor, and he was given the keys and conducted a call. So he does not close this door and removed his call. I wrote a bunch of complaints in Ra, firefighters ... where only you can. It seems that even before the trial came.

All the agendas we ignored, and then the representative of the REU advised us to write a statement that the installation of the door does not prevent the free evacuation of people and does not worsen the conditions of neighboring apartments (we have 7 apartments on the floor). All neighbors signed up, which are familiarized and not objective (except for this one neighbor). Since then, no one has complaints about us.

And these are orders:

Order of the Ministry of Emergency Situations of the Russian Federation N 313 On approval of fire safety rules in the Russian Federation (PPB 01-03)
...
40. In buildings, structures of organizations (with the exception of individual residential buildings) is prohibited:
- Install additional doors or change the direction of opening the doors (in the retreat from the project) from the apartments to the common corridor (on the staircase platform), if it prevents the free evacuation of people or impairs the conditions of evacuation from neighboring apartments ...

"Fire safety of buildings and structures" SNiP 21-01-97 (Earlier Snip 2.01.02-85)
...
6.16 The height of the evacuation exits in the light should be at least 1.9 m, the width of at least 0.8 m (for apartment buildings) ...
...
In all cases, the width of the evacuation exit should be such that, taking into account the geometry of the evacuation path through the opening or the door, it was possible to carry the stretchers with a person lying on them ...

6.17 The doors of evacuation exits and other doors on evacuation paths should be opened in the direction of exiting the building.
The direction of opening the doors is not normalized for:
a) premises of classes F1.3 (apartment buildings) and F1.4 (single-headed, including blocked residential buildings);
b) premises with a simultaneous stay of no more than 15 people, except for rooms of categories A and B;
c) storage room no more than 200 sq.m without permanent jobs;
d) sanitary nodes;
e) exit to the site of the 3rd stairs;
(e) Outdoor doors of buildings located in the northern construction climatic area ...

6.26 ... When doors opening out of the premises in the corridors, the width of the evacuation path should be taken by the corridor width, reduced:
half the width of the door leaf - with a one-sided location of the doors;
on the width of the door leaf - with double-sided location of the doors;
This requirement does not apply to floor corridors (halls), suitable in the sections of class F1.3 buildings (apartment buildings between access from the apartment and access to the staircase ...

Registration: 03/24/08 Messages: 7.098 Gratitude: 8.960

Super moderator

Registration: 03/24/08 Messages: 7.098 Gratitude: 8.960 Address: Moscow

10.6 The possibility of access to equipment, fittings and devices of engineering systems of the building and their compounds for inspection, maintenance, repair and replacement should be provided.
Snip fresh.

Registration: 05/26/08 Messages: 1.294 Gratitude: 5.161

Travel

Registration: 05/26/08 Messages: 1.294 Gratitude: 5.161 Address: Moscow

- Installation of additional doors: It is prohibited on staircase marches, in elevator and apartment halls,

2. It is not necessary to close access to the equipment (valves, cranes, etc.)

The question is what. Initially, during the delivery of the house the door in the hall was. Staten, so to speak. True, wooden. Now it's iron. Is it considered an "additional" door, if you simply put another instead of one?

Suppose I will take the locks, this is 5 minutes. Indeed, in this case, "access to equipment" will be?
I would not want to dismantle the door. In the end, cold without it.
I am better with such a neighbor on my door, I will put a good castle ..

Registration: 03/24/08 Messages: 7.098 Gratitude: 8.960

Super moderator

Registration: 03/24/08 Messages: 7.098 Gratitude: 8.960 Address: Moscow

Well, we had a door. Replaced with metal, however, as in 80% this is done. There will be no locks, there can be no questions. We have no questions with locks. No one

Registration: 02/21/08 Messages: 983 Gratitude: 618

First, what is the legal affiliation of the hall?
If the HOA, you need to assemble the general meeting, because Only OS disposes of shared property, and to discuss your door. If everything is successful, the keys are made to make a decision on the installation of the door and storage of the duplicate keys in the concierge / senior at the entrance / in the HESCE or just under the rug for free access to PC and other communications.
If the hall is municipal, then the castle in the door should not be due to PC.

Soror explain that the door is inserted into a technologically stipulated place in connection with the strengthening of anti-terrorist measures and increase the vigilance of citizens.

Here I found

Iron door in Tambour
Corridian affairs ...

Interview with a lawyer from the company "Afanasyev and partners." We thank Irina Kuznetsov for the recording transcript.

In the houses of Nevsky Syndicate usually corridors and hols with a decent metrah. These corridors can attach many shareholders to the apartments. On the peculiarities of this process, this material.
- Dmitry, tell me how appropriate installation of an iron door from an elevator site into a common corridor?
Such an installation of the door is not just valid, moreover, demolition of this door is prohibited by fire safety rules, because This door prevents the spread of combustion products. Installing the iron door on a common corridor and a lock recommended the Ministry of Internal Affairs as an effective way to counter thorats both apartments and fans to steal the contents of apartment flaps and cut the cable.
However, the installation of the lock on this door must comply with fire safety rules.
- What about the rules?
According to paragraph 52 of the rules, the door should open towards the path of evacuation, i.e. Fore from the corridor to the elevator site. Another point, the door from the inside should open without a key.
- Is it possible to put cabinets in the corridors?
It is impossible to do in the corridors built-in wardrobes, it is prohibited SNiP 2.01.02-85. However, in Snip, nothing is said about ordinary cabinets, it means there is a norm from paragraph 4.6 that prescribes have a free passing width of at least 1 meter. It should be noted that half the doorway is still subtracted from the width of the corridor. In other words, if in the corridor 2 m wide can be put to one of the walls to put a wardrobe with a depth of 60 cm.
- Quite often occurs when the neighbors living at the end of the corridors overlap the corridor part of the corridor, is it possible to demolish this door alternately as it was put?
Can be demolished, only this will be a criminal offense provided for by Art. 167 of the Criminal Code. I am known to me not one such case. Then the actions of the neighbors broken the corridor cannot be considered unauthorized without analyzing the situation.
- Did the neighbors make a part of the common property in nature?
Common delusion. Selection in nature to install the door is generally no relationship. Selection in nature this section of a common property and enters into force only after state registration (Art. 219 of the Civil Code of the Russian Federation), because The corridor refers to real estate. The selection of the corridor part of the corridor is prohibited, but it only means that it is impossible to translate part of the corridor to the property, but does not mean the impossibility of picking up a part of the corridor into use. The average man can surprise, but legally owned, possession and use of different concepts. So in order to possession and use part of the corridor neighbors may have quite legal grounds.
- What is the legal basis for installing doors in the corridor neighbors?
According to Art. 36 LCD RF Corridors are the common property of all owner residents. According to Art. 37 LCD RF share of tenant in the general property proportional to the square of his apartment. According to Article 267 of the Civil Code of the Russian Federation, the participant of the share ownership is entitled to the provision of its possession and use of part of the common property, i.e. and the corridor proportional to his share.
In other words, if the neighbors have the right to part of the corridor area, which is indicated in Art. 247 of the Civil Code of the Russian Federation, then extinguishing this part they take into use, the fact that they are supposed.
- But after all, some owners can work out that their share falls on the "passing part" of the corridor!
The corridor in all parts remains passing, because His appointment is to be a place to pass to the apartments, so even an emotion of a neighbor for a couple you both use your part of the corridor. Then, according to the LCD of the Russian Federation, the premises should be used on purpose if the corridor branch is intended to approach to certain apartments, then only this is the branch of the corridor and should be used.

Registration: 10/29/09 Messages: 1.755 Gratitude: 1.567

Continued

- Let's deal with the example. I have an area of \u200b\u200bthe total corridor of 35 square meters. meters. The general metrar of all apartments at 464 square meters. meters. My apartment has a 148 square meter. meters, and the apartment of the neighbor has 62 square meters. meter. Does this mean that it belongs to 6.6 and 4.7 from the corridor area?
Right. Once again I will identify the formula for the calculation of "its" share according to the law.
Square share \u003d Square of the corridor * Area of \u200b\u200byour apartment / General area of \u200b\u200bapartments on your site.
- Is it true that then we can with a neighbor to claim 11.3 square meters. Meter from the corridor?
Right.
- Okay. Another example. At the other end of our corridor there are 2 apartments with an area of \u200b\u200b58 and 68 square meters. meters. Neighbors, as I understand it, have the right to 9.5 square meters. meters, but capture can up to 13.5 square meters. meters. Can this be regarded as damage to the remaining owners?
Can. It turns out the situation provided for by paragraph 2 of Art. 247 of the Civil Code of the Russian Federation. The remaining owners were unable to receive and order a part of the common property in the form of a corridor due, they should be monetary compensation. Appraisers usually evaluate 1 square meters. Meter of non-residential premises as a benefit of $ 5 per month. Another question is that offended neighbors do not recover this money.
- Why not to recover the damage with those who use more than has the right?
Because the "invaders" of the corridor will fairly claim that according to Art. 36 LCD RF Corridor belongs to all owners of the house, and not just directly to their neighbors. Therefore, compensation must be divided into all owners of the house, and only the share of it is due - usually 1/300 part. It is worth saying that it will not even pay off the state. Duty on filing a claim?
We no longer say that the "invaders" corridors have a completely simple way to legitimize their position through the general meeting of owners. After all, from the moment of filing the claim, it will take 3 months, there is no one collection here.
- How through the general meeting of owners can you capture the corridors?
So you can capture not only corridors.
General Assembly of owners according to p. 2.3 Art. 44 LCD RF has the right to convey the common property to use anyone. The truth for such a decision you need to have 2/3 of the votes from all owners in accordance with paragraph 1 of Art. 46 LCD RF.
Now think about yourself, the residents of the living in the ends of the corridors are usually much more than living immediately at the entrance. Then the apartments at the ends of the corridors usually make designers more large, and according to paragraph 3 of Art. 48 LCD RF vote at the General Meeting of Meters. We have explicitly more than 2/3 of the owners of interested, legitimize their own possession of the corridors.
And make such a meeting elementary, now Art. 47 LCD RF provides for the form of correspondence of the General Assembly. Just in the mailboxes are challenging, the owners sign them and thrown into another box.
If the initiative group conducting voting is also a cunning, so under the skeins can be redone and any other common property, such as the parking area at the house. It is necessary to simply connect questions to the vote in one.
- And if you still fail to get the necessary most votes?
Then everything depends on no more than from the fortress of the nerves of the invader of the corridor. I am known to me a precedent when the neighbors captured not much not enough, but 1/2 corridor. The court made a decision five times so that the neighbors returned the laid part of the corridor the rest. Only the "invaders" did not even go to court. Judicial red ties only one case usually goes 5-6 months. And only six months later, the partition was baptized with the prescription. "The invaders" simply spun the partition fastening bolts and entered it into the apartment. The baits recorded - the court decision is executed. After half an hour after the care of the bailiff "neighbors-invaders" put the partition back. And so five times. The plaintiffs were spent years, and the defendant is all only minutes and still received his own. They wrote in the press - no sense, bailiffs were offended, because They are not here, such is the law. Then the "offended" neighbors simply decided to break the partition without trial, policemen arrived on the roar and a criminal case was initiated under Art. 167 of the Criminal Code.

Registration: 03/24/08 Messages: 7.098 Gratitude: 8.960

Super moderator

Registration: 03/24/08 Messages: 7.098 Gratitude: 8.960 Address: Moscow

Registration: 10/29/09 Messages: 1.755 Gratitude: 1.567

- And if the door of the neighbors blocked the general electric shield?

Whether the door shield overlapped the role does not play. There is no equipment that is allowed to disclaim someone else other than the certified electrician HOA. He must be provided with access in the event of an accident. Residents carry out electrical work is prohibited in PUE. Another question if in the shield counters. If so, then access to the meter must be provided, because The counter is served by the owner itself. Otherwise, how to pay for electricity? Usually in such cases the counter is transferred to the apartment or directly on the partition on which the door is put.

- What should I do if the door covers the window in the smoke shade?

Provide the window of the same area above your door. It must be said that the form of such a window is not regulated by slips, so there are two main options. You can simply make a square window above the door dimensions of about 50x50 cm and put the grille into it. And it can be done by analogy with paragraph 1.74 in Snip 2.08.02-89. Just the partition on which the door stands should not reach the ceiling and the left slot must have an area of \u200b\u200bat least 2500 square meters. See the typical width of the corridor about 2 m is the gap of about 12-14 cm. From the ceiling. In the ventilation window, you can put the grid.

- And how to be if the door closes the fire crane?

The simplest solution is to give an additional concierge key and write on the door of his phone number. Another option is the reinforced glass insert in the door, which firefighters will be able to break and open the door.
You can agree with the transfer of the crane, but it is long and costs money. There is a solution easier. We put the electromagnetic lock in the chain of which the fire sensor is turned on, which solves the problem. In case of fire, the door is unlocked. We should not forget that the sensor needs air communication with the main corridor, so a small vent. The window is also needed. Pleasure costs about $ 80, but for several apartments have an electronic lock that does not allow the selection of the key not so bad. Recall that 40% of apartments on the statistics of the Ministry of Internal Affairs are revealed by hides.

- In general, you can put the doors to the corridors according to the rules of fire safety?

There is no ban on this in the rules, but there are requirements for doors standing on the path of evacuation. The corridor door should open out into the shared corridor and open without a key from the inside and have a lumen of at least 0.8 m in accordance with SNiP 2.01.02-85. In addition, this corridor door should not interfere with other doors.

- I wonder, and was the action of neighbors overlooking the redevelopment corridors for which sanctions in the new LCD RF?

No, in the new LCD RF, sanctions are sanctions for redevelopment of residential premises. Corridor room non-residential. There is no reconstruction of the room, because In determining the Gosstroy, the signs of the reconstruction is a change in the construction volume and area. Door volume and area does not change.

- Doesn't you need to consent HOA to install the door?
HOA is an organization hired by owners to operate at home and nothing more. The property relations between the owners of the HOA has nothing to do.

- How so? In paragraph 2 of Art. 137 LCD RF statements that the HOA has the right to provide general property in use!

The laws need to be read to the end, the owners can entrust themselves to entrust their own property, without this instruction, the action of HOA is illegal. In art. 146 It is indicated that for making decisions on the transfer of rights to general property requires obtaining 2/3 of the votes from all owners. Right and next to HOA is trying to depict the owner of the house, although it is nothing more than a group of plumbers and electricians hired by tenants. We are not talking about the fact that any owner can get out of the HOA simply submitting a statement according to Art. 143 LCD RF and no decisions of HOAs have no strength for him.

- And if the owner is already related to the contract with the HOA?

The owner at any time can terminate the contract with the HOA on the basis of Art. 782 of the Civil Code of the Russian Federation, but it does not remove the obligation to pay utility payments in the amount established in the LCD of the Russian Federation.
Gratitude: 5.161 Address: Moscow

WaldschNepfer.

non-cultural darkness

Registration: 11/28/07 Messages: 4.286 Gratitude: 2.922 Address: Moscow

Zhen, it is so in all matters related to security. Correcting requirements. You imagine how to quit, so that both the objects accepted.

Support previous speakers. If there is no agreement with all the residents of the floor, you are entitled to require them to fulfill your conditions for changing the position of this partition or its demolition. I do not know exactly whether this partition falls under the definition of redevelopment. If so, it is also given and legalize in the relevant institutions.

If they do not agree to the world decision, then the road is first in the Criminal Code.

That came across. Interesting. Completely, I can have problems with your claims.

Spoiler

Corridian affairs ...

Interview with a lawyer from the company "Afanasyev and partners." We thank Irina Kuznetsov for the recording transcript.

In the houses of Nevsky Syndicate usually corridors and hols with a decent metrah. These corridors can attach many shareholders to the apartments. On the peculiarities of this process, this material.

- Dmitry, tell me how appropriate installation of an iron door from an elevator site into a common corridor?

Such an installation of the door is not just valid, moreover, demolition of this door is prohibited by fire safety rules, because This door prevents the spread of combustion products. Installing the iron door on a common corridor and a lock recommended the Ministry of Internal Affairs as an effective way to counter thorats both apartments and fans to steal the contents of apartment flaps and cut the cable.

However, the locking of the lock on this door must comply with the rules of fire safety.

- What about the rules?

According to paragraph 52 of the rules, the door should open towards the path of evacuation, i.e. Fore from the corridor to the elevator site. Another point, the door from the inside should open without a key.

- Is it possible to put cabinets in the corridors?

It is impossible to do in the corridors built-in wardrobes, it is prohibited SNiP 2.01.02-85. However, in Snip, nothing is said about ordinary cabinets, it means there is a norm from paragraph 4.6 that prescribes have a free passing width of at least 1 meter. It should be noted that half the doorway is still subtracted from the width of the corridor. In other words, if in the corridor 2 m wide can be put to one of the walls to put a wardrobe with a depth of 60 cm.

- Quite often occurs when the neighbors living at the end of the corridors overlap the corridor part of the corridor, is it possible to demolish this door alternately as it was put?

Can be demolished, only this will be a criminal offense provided for by Art. 167 of the Criminal Code. I am known to me not one such case. Then the actions of the neighbors broken the corridor cannot be considered unauthorized without analyzing the situation.

- Did the neighbors make a part of the common property in nature?

Common delusion. Selection in nature to install the door is generally no relationship. Selection in nature this section of a common property and enters into force only after state registration (Art. 219 of the Civil Code of the Russian Federation), because The corridor refers to real estate. The selection of the corridor part of the corridor is prohibited, but it only means that it is impossible to translate part of the corridor to the property, but does not mean the impossibility of picking up a part of the corridor into use. The average man can surprise, but legally owned, possession and use of different concepts. So in order to possession and use part of the corridor neighbors may have quite legal grounds.

- What is the legal basis for installing doors in the corridor neighbors?

According to Art. 36 LCD RF Corridors are the common property of all owner residents. According to Art. 37 LCD RF share of tenant in the general property proportional to the square of his apartment. According to Article 267 of the Civil Code of the Russian Federation, the participant of the share ownership is entitled to the provision of its possession and use of part of the common property, i.e. and the corridor proportional to his share.

In other words, if the neighbors have the right to part of the corridor area, which is indicated in Art. 247 of the Civil Code of the Russian Federation, then extinguishing this part they take into use, the fact that they are supposed.

- But after all, some owners can work out that their share falls on the "passing part" of the corridor!

The corridor in all parts remains passing, because His appointment is to be a place to pass to the apartments, so even an emotion of a neighbor for a couple you both use your part of the corridor. Then, according to the LCD of the Russian Federation, the premises should be used on purpose if the corridor branch is intended to approach to certain apartments, then only this is the branch of the corridor and should be used.

- Let's deal with the example. I have an area of \u200b\u200bthe total corridor of 35 square meters. meters. The general metrar of all apartments at 464 square meters. meters. My apartment has a 148 square meter. meters, and the apartment of the neighbor has 62 square meters. meter. Does this mean that it belongs to 6.6 and 4.7 from the corridor area?

Right. Once again I will identify the formula for the calculation of "its" share according to the law.

Square share \u003d Square of the corridor * Area of \u200b\u200byour apartment / General area of \u200b\u200bapartments on your site.

- Is it true that then we can with a neighbor to claim 11.3 square meters. Meter from the corridor?

- Okay. Another example. At the other end of our corridor there are 2 apartments with an area of \u200b\u200b58 and 68 square meters. meters. Neighbors, as I understand it, have the right to 9.5 square meters. meters, but capture can up to 13.5 square meters. meters. Can this be regarded as damage to the remaining owners?

Can. It turns out the situation provided for by paragraph 2 of Art. 247 of the Civil Code of the Russian Federation. The remaining owners were unable to receive and order a part of the common property in the form of a corridor due, they should be monetary compensation. Appraisers usually evaluate 1 square meters. Meter of non-residential premises as a benefit of $ 5 per month. Another question is that offended neighbors do not recover this money.

- Why not to recover the damage with those who use more than has the right?

Because the "invaders" of the corridor will fairly claim that according to Art. 36 LCD RF Corridor belongs to all owners of the house, and not just directly to their neighbors. Therefore, compensation must be divided into all owners of the house, and only the share of it is due - usually 1/300 part. It is worth saying that it will not even pay off the state. Duty on filing a claim?

We no longer say that the "invaders" corridors have a completely simple way to legitimize their position through the general meeting of owners. After all, from the moment of filing the claim, it will take 3 months, there is no one collection here.

- How through the general meeting of owners can you capture the corridors?

So you can capture not only corridors.

General Assembly of owners according to p. 2.3 Art. 44 LCD RF has the right to convey the common property to use anyone. The truth for such a decision you need to have 2/3 of the votes from all owners in accordance with paragraph 1 of Art. 46 LCD RF.

Now think about yourself, the residents of the living in the ends of the corridors are usually much more than living immediately at the entrance. Then the apartments at the ends of the corridors usually make designers more large, and according to paragraph 3 of Art. 48 LCD RF vote at the General Meeting of Meters. We have explicitly more than 2/3 of the owners of interested, legitimize their own possession of the corridors.

And make such a meeting elementary, now Art. 47 LCD RF provides for the form of correspondence of the General Assembly. Just in the mailboxes are challenging, the owners sign them and thrown into another box.

- And if you still fail to get the necessary most votes?

Then everything depends on no more than from the fortress of the nerves of the invader of the corridor. I am known to me a precedent when the neighbors captured not much not enough, but 1/2 corridor. The court made a decision five times so that the neighbors returned the laid part of the corridor the rest. Only the "invaders" did not even go to court. Judicial red ties only one case usually goes 5-6 months. And only six months later, the partition was baptized with the prescription. "The invaders" simply spun the partition fastening bolts and entered it into the apartment. The baits recorded - the court decision is executed. After half an hour after the care of the bailiff "neighbors-invaders" put the partition back. And so five times. The plaintiffs were spent years, and the defendant is all only minutes and still received his own. They wrote in the press - no sense, bailiffs were offended, because They are not here, such is the law. Then the "offended" neighbors simply decided to break the partition without trial, policemen arrived on the roar and a criminal case was initiated under Art. 167 of the Criminal Code.

- And if the door of the neighbors blocked the general electric shield?

Whether the door shield overlapped the role does not play. There is no equipment that is allowed to disclaim someone else other than the certified electrician HOA. He must be provided with access in the event of an accident. Residents carry out electrical work is prohibited in PUE. Another question if in the shield counters. If so, then access to the meter must be provided, because The counter is served by the owner itself. Otherwise, how to pay for electricity? Usually in such cases the counter is transferred to the apartment or directly on the partition on which the door is put.

- What should I do if the door covers the window in the smoke shade?

Provide the window of the same area above your door. It must be said that the form of such a window is not regulated by slips, so there are two main options. You can simply make a square window above the door dimensions of about 50x50 cm and put the grille into it. And it can be done by analogy with paragraph 1.74 in Snip 2.08.02-89. Just the partition on which the door stands should not reach the ceiling and the left slot must have an area of \u200b\u200bat least 2500 square meters. See the typical width of the corridor about 2 m is the gap of about 12-14 cm. From the ceiling. In the ventilation window, you can put the grid.

- And how to be if the door closes the fire crane?

The simplest solution is to give an additional concierge key and write on the door of his phone number. Another option is the reinforced glass insert in the door, which firefighters will be able to break and open the door.

You can agree with the transfer of the crane, but it is long and costs money. There is a solution easier. We put the electromagnetic lock in the chain of which the fire sensor is turned on, which solves the problem. In case of fire, the door is unlocked. We should not forget that the sensor needs air communication with the main corridor, so a small vent. The window is also needed. Pleasure costs about $ 80, but for several apartments have an electronic lock that does not allow the selection of the key not so bad. Recall that 40% of apartments on the statistics of the Ministry of Internal Affairs are revealed by hides.

- In general, you can put the doors to the corridors according to the rules of fire safety?

There is no ban on this in the rules, but there are requirements for doors standing on the path of evacuation. The corridor door should open out into the shared corridor and open without a key from the inside and have a lumen of at least 0.8 m in accordance with SNiP 2.01.02-85. In addition, this corridor door should not interfere with other doors.

- I wonder, and was the action of neighbors overlooking the redevelopment corridors for which sanctions in the new LCD RF?

No, in the new LCD RF, sanctions are sanctions for redevelopment of residential premises. Corridor room non-residential. There is no reconstruction of the room, because In determining the Gosstroy, the signs of the reconstruction is a change in the construction volume and area. Door volume and area does not change.

- Doesn't you need to consent HOA to install the door?

HOA is an organization hired by owners to operate at home and nothing more. The property relations between the owners of the HOA has nothing to do.

- How so? In paragraph 2 of Art. 137 LCD RF indicated that the HOA has the right to provide common property in use!

The laws need to be read to the end, the owners can entrust themselves to entrust their own property, without this instruction, the action of HOA is illegal. In art. 146 It is indicated that for making decisions on the transfer of rights to general property requires obtaining 2/3 of the votes from all owners. Right and next to HOA is trying to depict the owner of the house, although it is nothing more than a group of plumbers and electricians hired by tenants. We are not talking about the fact that any owner can get out of the HOA simply submitting a statement according to Art. 143 LCD RF and no decisions of HOAs have no strength for him.

- And if the owner is already related to the contract with the HOA?

The owner at any time can terminate the contract with the HOA on the basis of Art. 782 of the Civil Code of the Russian Federation, but it does not remove the obligation to pay utility payments in the amount established in the LCD of the Russian Federation.

- And then what to do neighbors when the consensus is not found?

Agree. The path of negotiation is the most effective. For negotiations, as well as for ships, it is better to call professionals. Save time, and it's very simple. Services of a lawyer for such cases is usually $ 100- $ 200.