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Places common use are common property owned by the owners of the residential apartment building as well as non-residential buildings. These include premises that are not part of apartments or offices and are available for stay, visit and use by the public. Restrictions on access to such areas can only take place when certain hours are set for this. A similar decision is made on another basis that does not conflict with the freedoms and rights of an individual or a group of people.

What does the Housing Code say?

According to current legislation, common areas in residential buildings are common household property.

Its list includes:

The land on which the house was built. This also includes the objects of improvement located on them, as well as those that are specially created for servicing housing.
- Roofs and structures that perform enclosing and load-bearing functions.
- Equipment installed for the purpose of servicing apartments.
- Other types of premises that are not the individual property of citizens, used for social and domestic needs.
- Premises required for servicing tenants and apartments (staircases with lifts).

Multi-storey residential building

Common areas in a building in which people are located are determined by the state or self-government body, based on design features premises. For what purpose is this procedure established? It is necessary to fulfill responsibilities for the maintenance of property, control over its proper maintenance, as well as for the competitive selection of organizations that will be involved in the management of the facility.

What are they, common areas in apartment building? What is on their list? It contains:

1. Premises for various purposes, located inside the house, but not positioned as structural elements construction of apartments, as well as their geometry. Such common areas are intended to serve not only the house, but also its tenants (more than one).
2. Areas through which the passage to the dwelling is carried out, as well as to the exit from the entrance, elevators, staircases, as well as elevator shafts.
3. Techno-operational and attic floors.
4. Built-in garages located under the house in the basement, or designed as part of an immovable object.
5. Equipment intended for servicing tenants (more than one), as well as additional service sites located inside the building, which are involved in the maintenance of such equipment.
6. Boiler rooms and other specialized service areas.
7. Fences or barriers.
8. House roof.
9. Bearing elements of the building, which are located in places for mass use.
10. Fencing objects inside the house (stair railings, parapets, etc.).
11. Doors and windows in rooms for public use.
12. Mechanisms and adaptations necessary to satisfy people in the light, warmth and other benefits of civilization.

How to briefly describe common areas in an apartment building? What is on their list? It contains everything that is located on the territory of the house and performs the task of creating comfortable conditions for its residents.

Features of common property

For places intended for use by different people, a number of signs are characteristic, namely:

The need to use several or all rooms in the house;
- consideration as a single object;
- performance of service functions.

Payments

What is the reason for the separate category of common areas? This is necessary to pay for their operation. Today tenants apartment buildings forced to pay for common areas in an apartment building. What is included (the hostel does not count under this scheme) in the utility bills? This includes lighting for public areas. Previously, there was no such line in the receipt.

However, reimbursement of electricity costs in places that are used by more than one person has always been made. The only difference today is the line delimitation in the receipt. In accordance with the procedure established by law, the costs of maintaining public places should be distributed according to the share participation of participants in a cooperative or a tenant in an apartment building.

The bills for the lighting of such premises include payment for:

Electricity losses caused by imperfect wiring;
- light at the entrance;
- food for a specialized communication device (intercom), which serves to prevent unauthorized persons from entering the entrance;
- an installed amplifier for a television antenna, which can be used by all residents of the house;
- lighting of basements and attics.

Suppose there is a collective meter at the entrance. It takes into account the electricity consumed in the use. The readings of such a device in kilowatts must be divided by all equity participants in the collective real estate. Accounting is kept according to the number of citizens who are registered in this house on the basis of personal property rights.

Features of communal housing

Living in the same apartment with neighbors who are completely strangers can hardly be comfortable. After all, each person has their own habits and a certain daily routine.

Living in a communal apartment means constant quarrels over noise, various little things, as well as over public places. Even adults find it difficult to instill the idea that you just need to respect each other and comply with certain agreements.

Locations accessible to all residents

Anyone who lives in a multi-populated apartment has an equal right with his neighbors to use the corridor and kitchen, toilet, hallway and bathroom. All these are common areas in a communal apartment. According to general rule, tenants have the right to occupy part of the above premises with furniture or other property according to their share of ownership.

How are the common areas in a communal apartment used? The legislation does not contain a definition of this order. What should be done in case of disputes arising between tenants? In such cases, issues are resolved in court.

Repair

In what cases does a populous apartment need to be carried out? construction works? The need for repairs is determined by representatives of those organizations that maintain or manage the house. Such a conclusion can be drawn by the invited experts summoned by the tenants of the apartment. After drawing up the inspection report, the final decision is made. If it is positive, then the next step is budgeting.

Payment renovation works produced by the tenants. However, people are not always ready to contribute money to improve common areas in non-residential premises. Arbitrage practice suggests that if neighbors refuse to pay, you can take these costs on yourself. Reimbursement of costs will be available at a later date. To do this, you will need to submit the relevant documents to the court. After he makes a positive decision, the money will return to your wallet. The renovation will be done on time, providing an aesthetic pleasure.

Non-residential buildings

Common areas are not limited to houses inhabited by people. They are also in various shopping and administrative centers, households and other buildings in which shops, offices and warehouses are located.

A non-residential building, like an apartment building, is not a separate object. This is a collection of premises (offices, offices, etc.) that belong to a separate owner. Such areas are often leased.

Who owns the common areas in a non-residential building? Sometimes such premises are the property of the municipality, which transfers them to enterprises on the basis of economic management rights.

Multi-Subject Relationship

Who uses common areas in a non-residential building? The answer to this question is not easy. The fact is that in management there is a multi-subjectivity of relations.

The main users of such a building are:

Tenants;
- directly by the owners;
- credit organizations (banks, etc.);
- unitary enterprises;
- municipalities.

Owner relations

How are common areas in a non-residential building used? Determining the legality of certain owner relations at the moment is a complex and still developing institution.

In addition, the current practice of shared construction of non-residential buildings leads to the emergence of a huge number of owners. Their number is constantly growing in already existing buildings. To date, the relationship of owners began to go beyond the framework of civil turnover. That is why this problem requires additional attention from the legislature.

Common areas

If this or that physical or entity owns separate room in a non-residential building, then in any case he will own a certain share of the common property located on the territory of the structure. What is included in this category? Common property in a non-residential building includes:

Premises required for servicing more than 1 room of the building;
- staircases;
- halls;
- stairs;
- elevator and other shafts;
- corridors;
- technical floors;
- attics;
- roofs;
- basements with engineering equipment located in them;
- non-bearing and bearing structures;
- various kinds of equipment.

The right to share ownership of public places belongs to those legal entities and individuals who have purchased one or more premises in the building. In this case, it is necessary to have a document certifying registration in the real estate register.

Of the Civil Code of the Russian Federation in clause 1 of Art. 247 indicates that the use and possession of property in shared ownership is possible only by agreement with each of its participants. And if the parties do not come to a common opinion? In such cases, this or that issue can be considered in court. When making a decision, the court proceeds from the real possibility of legal compliance by the owners of sanitary-epidemiological and fire safety standards. There must also be a balance of economic interests of each of the parties.

After determining the procedure for the use and ownership of the common property of a non-residential building, obligatory legal relations arise between the owners. Moreover, each of their participants has the right to legal requirements for the fulfillment of certain conditions.

A special legal regime arises between the owners of premises in a non-residential building. Each of the parties has a need to maintain more than one premises. At the same time, the court has the right to determine the schedule and frequency of use of such places, as well as their maintenance.

Very often today the question arises about the concept of "non-residential premises" in an apartment building.

Many people confuse it with premises that are part of the common property, or common areas (MNP), and this makes the issues of calculating the amount of payment even greater.

In this article, we will clarify what applies to non-residential premises in an apartment building and how utility bills are calculated for them.

So, according to the Decree of the Government of the Russian Federation of 05/06/2011 No. 354 (hereinafter referred to as Resolution No. 354), a non-residential premises in an apartment building is a room in an apartment building specified in the design or technical documentation for an apartment building or in the electronic passport of an apartment building, which is not is a dwelling and is not included in the common property of the owners of premises in an apartment building, regardless of the presence of a separate entrance or connection (technological connection) to external networks of engineering and technical support, including built-in and attached premises.

Parts of apartment buildings intended to accommodate vehicles (parking lots, underground garages and parking lots provided for in the design documentation) are equated to non-residential premises.

Non-residential premises can be conventionally designated as commercial - various shops, offices, pharmacies, cafes that are located in the house and, of course, are part of it.

Non-residential premises also have owners, they must also be issued certificates of registration of ownership of a specific legal or natural person, however, as for ordinary apartments.

Since the owners of non-residential premises in an apartment building have the same rights and obligations as the owners of apartments, the calculation of the amount of payment for utilities is made for them on a general basis.

They are required to carry payment costs utilities for heating, according to the occupied total area, gas supply, cold and hot water supply, sewerage, power supply according to indications individual devices accounting or according to the volumes revealed by the calculation method. They also retain the obligation to pay for utilities provided for general household needs.

In the formulas for calculating the amount of payment for utilities of Resolution No. 354, the concept of the total area of ​​all residential and non-residential premises is used, and here it is the area of ​​the premises to which the owners or users of premises are assigned, common premises that are part of the common property are not included in this area.

It should be noted that questions with the correct definition of the area began to arise in connection with the need to equip apartment buildings with general house metering devices, because on those houses where there are no such devices, it does not matter what area, for example, shops located on the first floor, the calculation is made for apartments according to standards, for non-residential premises a certain the volume of the utility service is calculated by the resource supplying organization, taking into account what is in this room, what is its area and other parameters.

When a general house meter is installed on a house for some kind of utility service, it is very important to take into account all premises, and not just apartments, for example. After all, if non-residential premises are not taken into account, the share of utility bills provided for general household needs will significantly increase for owners and users of apartments.

Vigilant citizens in apartment buildings have recently begun to pay attention to this, since this problem applies to both new buildings and old buildings. Today it is becoming popular to buy out an apartment located on the first floor in an apartment building, transfer it to a non-residential premises and open a store in it, for example. If in the future this room is taken into account when calculating the amount of payment for utilities, there is nothing wrong with that, but if the calculation is made without taking into account such premises, this is already wrong.

Although questions arise from the other side - from owners of non-residential premises, which, according to the formulas, must pay for, for example, heating or electricity used in the entrances of an apartment building, although they do not use such premises, since they have a separate exit to the street. But the exclusion of non-residential premises from the general calculation would be a violation of both Resolution No. 354 and the principles of all housing legislation.

There are times when some premises that are part of the common property, such as basements or plinths are categorized as non-residential premises... We will not talk about how legal this is, but the following picture will emerge in the procedure for calculating the amount of utility bills. If some rooms in the basement or basement are legally registered as non-residential premises, that is, they have a certificate of registration of ownership, then the calculation will be made as for non-residential premises.

But if such premises not registered as non-residential premises, then basements and plinths will be to the premises that are part of the common property of an apartment building, accordingly, the payment for utilities consumed in these premises will be distributed to the owners and users of residential and non-residential premises of this house.

If the basement or basement, for example, is rented (this is also very often used), this requires a decision of the general meeting of owners of premises, which determines the procedure for leasing such premises, the cost of payment, as well as the procedure for using the funds received from the lease for rent of such premises. The obligation to pay utility bills for the tenant will arise only if such a decision is made by the general meeting and provided for by the lease agreement.

Therefore, in apartment buildings where the premises that are part of the common property of the owners of premises are used for commercial purposes, as well as there are non-residential premises, it is necessary to clearly know on what basis such premises are occupied, and how the utility bills are calculated for them.

In this regard, we remind you that subparagraph p) of paragraph 31 of Resolution No. 354 is obliged to provide utility services to any consumer, within 3 working days from the date of receipt of an application from him, written information for the billing periods requested by the consumer on the monthly volumes (amount) of consumed utility services. resources according to the indications of collective (common house) metering devices (if any), on the total volume (quantity) of the corresponding communal resources consumed in residential and non-residential premises in an apartment building, on the volumes (quantity) of communal resources, calculated using the standards for the consumption of communal services, on the volumes (quantity) of communal resources provided for general house needs.

Therefore, consumers of utilities do not need to hesitate, but it is necessary to contact the contractor in a timely manner for clarification if they have questions about paying for utilities. Maybe a sense of control on the part of consumers will force performers to take their responsibilities more seriously and responsibly.

The procedure for calculating the payment for electricity consumed in an apartment building for the maintenance of common property (Electricity MOP)

The calculation of the payment for electricity consumed in an apartment building for the maintenance of the common property of the house (electricity from the MNP) is calculated monthly to be included in the payment document of the owners.

All calculations are based on total consumption electrical energy on the MOP, by determining the actually consumed electrical energy per 1 sq. meter of the total area of ​​the house.

Actually consumed electricity per 1 sq. meter is determined by dividing the total consumption of electrical energy by the MOS (determined by the readings of metering devices based on the account) by the total area of ​​the house (see formula No. 1 below)

The total area of ​​an apartment building is determined based on the data of the technical passport of the building and is indicated in the table below for each apartment building.

The resulting number (quotient of division actual consumption electricity at the MOP by the total area of ​​the house) is multiplied by the area of ​​each dwelling (apartment) owned by the owners in an apartment building, and by the tariff established by the PCT RO, in accordance with current legislation.

The area of ​​residential premises (apartments) is determined on the basis of the explication of the BTI or, as necessary, can be specified on the basis of a certificate of registration of ownership of a residential premises.

The number obtained as a result of the calculation made is the amount (size) of payment for the electricity of the MNP attributable to each owner of the dwelling. In accordance with the requirements of the current legislation, the costs of maintaining common property are proportional to the total area of ​​the owner's premises in an apartment building.

The amount of payment for electricity consumed for the maintenance of common property in an apartment building is indicated in the payment document as a separate line as part of the payment for utilities. In addition, in order to inform the owner about the electricity consumed in the house by the MNP for the billing month, the indications of the volumes of electricity consumed for each house will be published on the website of the management company and indicated in the payment document.

Payment for electricity consumed for the maintenance of common property in an apartment building is made by the owner of the premises on a monthly basis simultaneously with payment for housing and utilities.

Owners who untimely and (or) did not fully pay for the electricity consumed for the maintenance of common property in an apartment building are obliged to pay a penalty in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, in force at the time of payment, to the management organization for each day of delay starting from the next day after the due date
payment on the day of actual payment inclusive. In addition, according to the current legislation, with a debt of more than 3 months Management Company has the right to restrict the supply of resources until debt cancellation and send statements of claim to the judicial authorities for the enforced collection of debt amounts through court decisions by the bailiff service.

UK-Service "works to ensure comfortable stay citizens and the use of any forceful methods is not the main one in our work, however, we will not allow the accumulation of debt, because due to individual owners, the interests of all residents of the house may suffer in the event of a house shutdown for non-payment.

Calculation of the amount of consumed electricity per 1 sq. m. of the total area of ​​the house is made according to the formula:

1) Vi = where:

Vi is the volume of electricity actually consumed by the MNP for the billing period per 1 sq. m (kW / sq. m) of the total area of ​​the house;

Vo is the volume of electricity actually consumed by the MOS for the billing period in the house (kW);

So is the total area of ​​an apartment building (sq. M).

The amount of payment for electricity by the MNP is calculated according to the formula:

2) Poi = Si x Vi x TT, where:

Poi - the amount of payment for electricity M OP in the i-th living quarters (rubles);

Si is the total area of ​​the i-th room (apartment) (sq. M);

Vi is the volume of electricity actually consumed by the MNP for the billing period per 1 sq. m (kW / sq. m) of the total area of ​​the house:

TT is the electricity tariff established by the RST RO in accordance with the legislation (RUB / kW)

The total area of ​​apartment buildings for calculating the electricity bill of the MNP

Recently, the question of the concept “ non-residential premises»In apartment buildings. Often they confuse it with the premises that are part of the common property, or with common areas. In this regard, questions about calculating the size of utility bills are only increasing.

So, let's figure out what " non-residential premises”, And how utility bills should be calculated for them.

According to the "Rules for the provision of communal services to owners and users of premises in apartment buildings and residential buildings" (approved by the Government Decree Russian Federation dated 06.05.2011 No. 354 (hereinafter referred to as the Rules) non-residential premises in an apartment building are recognized premises that are not living quarters (apartments) and common property of owners of premises in an apartment building(entrances, basements, elevators, stairwells, attics, etc.).

Conventionally, non-residential premises can be understood as commercial premises (shops, cafes, hairdressers, pharmacies, which are located in the house and, accordingly, are an integral part of it).

A non-residential premises, like a residential one, must have an owner (that is, an appropriate certificate of registration of ownership must be issued for it).

In addition, the owners of non-residential premises have the same rights and obligations as the owners of residential premises, which means that the calculation of the amount of payment for utilities (including for general building needs) is made for them on a general basis, according to the occupied area. , indications of individual metering devices, or according to the volumes revealed by the calculation method.

In the formulas for calculating the amount of payment for utilities specified in the Rules, such a concept as total area of ​​all residential and non-residential premises, i.e. it is the area of ​​the premises to which the owners or users of the premises are assigned. It is important to note, what common areas, which are part of the common property, in this area not included.

Today, the correct determination of the area has become relevant due to the need to equip apartment buildings with general house metering devices, since in those houses where these devices are not available, no matter what area the commercial organizations occupy the first floors, the calculation is made for apartments according to standards, for non-residential premises, a certain amount of utilities is calculated by the resource supplying organization, taking into account the area of ​​the premises and other parameters.

In the event that a general house metering device is still installed in the house, it is important to take into account all the premises, because if you do not take into account non-residential premises, then these costs will be borne by the owners and tenants of apartments.

Increasingly, there are cases when premises that are part of common property (basements, basements, etc.) acquire the status of non-residential premises. In such cases, the procedure for calculating the amount of payment for utilities may take 2 radically opposite shapes:

1) if the premises included in the common property (basement, basement, etc.) are legally registered as non-residential (i.e. a certificate of registration of ownership has been issued for it), then the calculation will be made as for non-residential premises;

2) if this premises is not registered as non-residential, then this premises will refer to premises that are part of the common property of an apartment building, and in this case, the payment for utilities consumed in these premises will be distributed to all owners and tenants of residential and non-residential the premises of this house, in proportion to the occupied area.

Thus, in those apartment buildings where the premises that are part of the common property of the owners of the premises are used for commercial purposes, as well as there are non-residential premises, it is necessary to know exactly on what basis these premises are occupied, and how utility bills are calculated for them.

Note to homeowners :

According to subparagraph p) of paragraph 31 of the Rules, it is the responsibility of the utility contractor to provide any consumer within 3 working days from the date of receipt of the application from him with written information for the billing periods requested by the consumer on the monthly volumes (amount) of utilities consumed according to the indications of collective (common household) appliances accounting (if any), on the total volume (quantity) of the corresponding communal resources consumed in residential and non-residential premises in an apartment building, on the volume (quantity) of communal resources calculated using the standards for the consumption of communal services, on the volume (quantity) of communal resources provided for general house needs.

Therefore, if there are questions about payment for utilities, consumers of utilities should contact the contractor in a timely manner for appropriate explanations.

Only consumer control can force performers to act in good faith in the performance of their duties.

Chief Lawyer of the Malaya Rodina IA V. Shashnov