Changing the area of the open lane of a rich apartment house. Vikoristannya part of the lane by the keeper of a bagatokvartirny booth. Legal regulation of the sleepy lane of the Vlasniks in the place of the rich apartment booth

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Article 36 to a rich apartment booth

misinterpreted today
code dated 12.01.2019
Nabula of chivalry 01.03.2005

New stats, yakі not nabul chivalry, vіdsutnі.

Changes with the revision of the statistics dated 01/09/2018 06/18/2011 01/01/2007 03/01/2005

Change Art. 36 ZhK RF

Riddles Art. 36 of the Housing Code of the Russian Federation for legal advice

Payment for zagalnobudinkovyh services
25.04.2018 expand. I'll explain why. Irrespective of those who lie down for you in an uninhabitable place at a rich apartment booth, prote vie vlasnik and norms are spreading on you Article 36 of the LC RF. Tobto є vlasnik that zahalnobudinkovy lane, such as pіd'їzdi. dakh, pіdval, mound, the facade is thin, including the pribudinkovo territory. Suggested
Arrange part of the land plot of the MKD
22.02.2018 Good afternoon Marino. No, it's impossible through the law. So have the framework Article 36 of the LC RF pribudinkovo territory lie up to the zagalnobudinkovo lane, as the vlasniks order on the basis of the decision recorded in the protocol. With whom
Who deserves a non-living place?
05.09.2017 appeared in the Zhitlovsky Code not in the first edition, but in 2011, - the power of the city of Kazan should lie until 1996, so expand it on the vіdnosini pіdp. 2) part 1 Article 36 of the LC RF hardly see.
Balcony banner for sale. Wait a minute?
14.02.2017 Good morning, Irina. AT Article 36 of the LC RF it is said that the façade, among them, has a balcony slab called the Zagalnobudinkovy lane, which can only be cured for the sake of all the rulers
Translation of living quarters from non-residents.
02.02.2017 robіt z rebudovi that rescheduling of accommodation, in case of which there will be a change in part of the sleepy lane bungalow. Vіdpovіdno to p. 3 and p. 4 h. 1 Art. 36 ZhK RF, for the Vlasniks, a place for a rich apartment booth to lie on the right of a sleeping private house of power, a sleeping place for a rich apartment booth, and for yourself: dahi

29.01.2017 Good day, Oleksiy. Part 3 Article 36 of the LC RF

08.01.2017 saving (possibility of changing) the expansion of the main lane and making it irrelevant to the existing rights of the volodin and koristuvannya designated by the lane, enshrined in paragraph 2 Art. 36 ZhK RF, for other Vlasniks, to be placed at the bagatokvartirny booth Vіdpovіdno up to p. 3 Art. 36 ZhK RF, changing the rozmіru zagalny lane near the rich apartment booth can be

02.12.2016 .d. Іsnuє tsiliy perelіk robit. yakі enter at the morning of the zahalnobudinkovy lane and tsі works are carried out independently in order to live in the vlasnik chi nі. Until then, okay Article 36 of the LC RF you had a part of the zahalnobudinkovy lane, so that your part of the KK served, like all others, to pay for it yourself

12.08.2016 Good morning, Oleksandra. No, no. AT Article 36 of the LC RF it is said:

Vinos of the entry group for the big hank
12.07.2016 Pribudinkovo territory, as for the zagalnochastkovy power of all the vlasniks in the boudinka, and for the change of the part, the land of all the vlasniks on the basis of part 3 is needed Article 36 of the LC RF: 3. Changing the size of the open lane near the rich apartment house can only be used for a year by all the vlasniks at this house with a path of reconstruction.

14.06.2016 a part of the zagalnobudinkovy lane can only be for the sake of all the vlasniks in the boudinka, vrakhovuchi, that the vlasniks are in fact the vlasniks of the sleeping lane є on a stand Article 36 of the LC RF. What is the transfer of accommodation in non-zhitlov, at article 26 of the RF Housing Code at the transfer of documents that are submitted for re-registration, the years of the owners of apartments in the house are not listed

05.05.2016 normi to the law, yakі the same to all. On the right, in that, having installed the doors in the corridor, in such a rite they changed the area of the zagalnobudinkovy lane, as if on a pedestal Article 36 of the LC RF to lie with the mustaches of the vlasniks at your booth, tobto 1000. And in a similar situation, it was necessary to allow all the vlasniks, and not just 2/3, about which it is said in part 3 of article 36 of the LCD

04.05.2016 occupants, so you will build up a capital wall, then you will have to take away all the Vlasniks, on the basis of part 2 of article 40 of the RF LC, even if it is Article 36 of the LC RF

14.03.2016 "fencing off the crossing of the passage on the lands that are being rebuked by private authorities", it is not possible to apply anywhere before changing Article 36 of the Constitution of the Russian Federation, as well as p.p.4) p.1 Article 36 of the Zhitlovy Code of the Russian Federation evidently to the point: "Vlasniks have a place at a bagatokvartirny booth to lie on the right of a sleeping private house.

26.01.2016 it is not possible to sell it alone, only to rent it and for the presence of all the masters of your booth, by the way of guilt, the decision to select the masters of your booth. AT Article 36 part 4 of the LC RF it is said: 4. For the decisions of the Vlasniks, they were placed at the rich apartment booth, adopted at the open gatherings of such Vlasniks, the object of the sleeping lane at the rich apartment

Samovilna pobudova komor on the descent cells
14.01.2016 The head of the HOA does not follow the protocol with the decisions of the Vlasniks, apparently the life of the Komori is not legal. And what about the premises for rent. On the basis of part 4 Article 36 of the LC RF Vlasniki mayut on tse right, for your mind, scho tse not violate the rights and legitimate interests of other swindlers, which your mind is just allowed to. I

15.12.2015 lane. like a real lie to all the vlasniks. to that very order, it is possible to arrange the mine only for the sake of all the vlasniks. Zokrema at part 3 Article 36 of the LC RF it is said: 3. Changing the size of the zagalny lane at the rich apartment house can only be used for a year by all the vlasniks in the accommodation of this house with a path of reconstruction

30.11.2015 the basement of the apartment at the bagatokvartirny booth was taken away by the sergeant not legally and you can’t just, but you need to be punished in court order, shards on the base part 4 Article 36 of the LC RF whether the transfer of a sleepy lane is not guilty of violating the rights of other vlasniks:

19.11.2015 the legitimate interests of the susidis, the rules of coronation with living quarters, as well as the rules for the removal of the sleeping lane of the Vlasniks in the quarters at the bagatokvartirny booth. I in Article 36 part 2 of the LC RF it is said: 2. Vlasniki were sent to a rich apartment house to live, koristuyutsya and have been established by the Code and Civil Legislation between the borders

Zahalnobudinkove mayo - tse wording is known to all the vlasniks of the life, I pay the receipts of the housing and communal services a thousand times. But there are few who have a smart understanding of what it means, and for which pennies are paid for payments. How powerful you can be on the list of zagalnobudinkovy, what you can її vikoristovuvat, like part of the skin bag - you can understand everything, respectfully having divided the Housing Code of the Russian Federation “Spilne of a rich apartment house”.

More understanding

Buying a dwelling at a rich living quarters, a Russian becomes a ruler not only of a specific apartment, but of a part of the Zagalnobudinkovo power. At the infamous rozumіnі the whole rich apartment house (MKD) from the pіdvalu to the tip of the dash є vodіnі vlasnikіv apartments. The stench is guilty of revenge on yoga in a technically and aesthetically sloppy state, smom_syatsya roaring kosh on tse. The apartment distribution of the chastok is automatically checked: the more square meters at the apartment, more than a part of the zagal lane lie in the hairdresser of indestructibility, and that means more money in a thousand receipts. Let's take a look at the report on what to lie down to the change of sleepy power.

Perelik of Zagalnobudinkovy lane

At the Zhytlovy code Russian Federation representations of the vicerny retelling of the zagalny Volodinnya Meshkantsiv (RK RF, art. 36, p. 1). Up to new included:

Appointment, scho znahodyatsya posture apartments. Skhodovі maidanchiki and prolyoty, mountains, p_dvali, smіttєprovidnі and skhodnі mines, tekhnіchnі surfaces, corridors, places for parking chi underground garages, possessing in the middle of bagatopoverkovoї budіvlі.
Dah.
Bearing structures. Foundation, walls, floor slabs, fences, beams, columns, etc.
Possession, recognized for servicing the meshkants. Elevators, stoves, boilers for heating the room and other.
Engineering communications. Dimary, gas, water supply, opal sewerage system(pipes, risers, branch pipes, inlets, tees, wells, septic tanks and more).
Bearing structures. Windows and doors at the huge places, railings, parapets, visors under the roofs and other non-permanent fences.
Land, de-rotting of rich apartment booths.
Be it a system of appearance of comfort, as well as saving and transferring data, installed behind the rahunok of bagmen's booth (lighters, electrical shields, shaffi, rozpodіlnі pristroї toshcho).
Other objects that are victorious for landscaping, maintenance and operation of a rich apartment booth (walkways, sidewalks, benches, children's maidanchiki, kvіtniki, transformer booths, etc.).

1. Vlasniks should be placed at the apartment booth to lay down on the right of the sleeping quarters of the power of the bedroom at the rich apartment booth, and to themselves:

1) accommodation in this booth, which is not part of the apartments and is recognized for servicing more than one accommodation in this booth, including inter-apartment exits, maydanchiki, descend, elevators, elevators and other shafts, corridors, technical surfaces, hills, foothills, in any є іnzhenernі kommunіkatsії, іnshe, scho servitors more than one place in this booth of possession (technical pіdvali);

2) other placements in this house, which should not be owned by the hairdressers and are designated for satisfying the social and social needs of the hairdressers in the house at this house, including placements, signs for organizing their stay, cultural development, the child is culturally creative, take up sports in such a way ;

3) facilities that fence bearing and non-bearing structures of this booth, mechanical, electrical, sanitary and technical, and other equipment (including constructions (or) other possessions, recognized for the security of uninterrupted access to the apartment), it is necessary to go to the booth to get to the apartment in a given house, a house beyond the boundaries, or in the middle, there is more than one servant;

4) a land plot, for arranging the dens of booths, with elements of landscaping and landscaping, and other signs for maintenance, exploitation and landscaping of this booth and arranging for the indication of a land plot of objects. Mezhі that rozmіr land plots, on kakіy roztashovaniya rich apartment budinok, vіdpovіdno vіdpovіdno vymog land legislation and legislation pro іstobudіvnu іyalnіst.

2. Vlasniki take up residence at a rich apartment house, volody, koristuyutsya that they have been established by the Code and civil legislation between the borders, they order a sleeping lane at a rich apartment house.

3. Replacing the expansion of the zagalny lane at the rich apartment booth is only possible over the year for all the vlasniks to take up residence at this booth with a path of reconstruction.

4. For the decision of the Vlasniks, the accommodation at the rich apartment booth, adopted at the foul gatherings of such Vlasniks, the objects of the sleeping lane at the rich apartment booth can be transferred from the court to other persons at times, though not violating the rights and legal interests of the citizens and legal entities.

4.1. Attachment of a sleeping lane at a large apartment house to ensure uninterrupted access for disabled people to accommodation at a large apartment house, it is possible, assigned to part 3 of article 15 of the Code, it is allowed without permission, as such an attachment can be installed without radiation penny koshtіv ordered by the Vlasniks.

5. A land plot, for raising rich apartment houses, can be fitted with the right of a fenced-in koristuvannya by other persons. It is not allowed to fence the erected obtyazhennya land plots in case of necessity to ensure access of other facilities to the objects, which were established until the day of the coming of ceremoniality by the Code. A new tight land plot is established by the right of a fenced-in koristuvannya for a special year, as it requires such a tight land plot, that vlasniks are assigned to a bagatokvartirny booth. Argue about the establishment of a tight land lot by the right of a fenced-in koristuvannya, or the minds of such a tight fit are violated in the court order.

6. У разі руйнування, у тому числі випадкової загибелі, зносу багатоквартирного будинку власники приміщень у багатоквартирному будинку зберігають частку у праві спільної часткової власності на земельну ділянку, на якій розташовувався даний будинок, з елементами озеленення та благоустрою та на інші призначені для обслуговування, експлуатації I will improve this house of an object, roztashovanі on zaznachennіy land delyantsі, vіdpovіdno to chastki at the right of sleeping private vlasnosti on the bed of mine at the rich apartment booth at the time of the collapse, including the fall of death, demolition of such a booth. Appointed lords of the Volodymyr, koristuyutsya and rozpriyazhayutsya transferring it to a part of the mine, apparently to civil legislation.

Comment to St. 36 ZhK RF

1. The statute, which is commented on, regulates the rights of sleeping power in a rich apartment house, where it is placed (residential and non-residential) to lie on the right of power to different subjects, including public illumination. In addition, the nutrition of sleepiness in the bed of a house near a rich apartment house is regulated, however, in all apartment houses independently of the number of Vlasniks, the number of accommodation in such a house, and also in the presence of the presence of the companionship of the Vlasniks-inhabitants.

2. At clause 6 of the Regulation on the recognition of accommodation for living accommodation, housing accommodation not suitable for living and a bagatokvartirny house of emergency and p_dlyagayuchim znesnesnya, approved by the Decree of the Order of the Russian Federation on September 28, 2006. N 47, they say, that a wealthy apartment booth recognizes the marriage of two and more, that you can go independently to a land lot, that you lie down to a living booth, or at the place of a wild coriste at such a booth. Bagatokvartirny budinok to take revenge on the elements of the shady lane of the Vlasniks in the place of such a bunker is suitable for housing legislation.

In this manner, if there are two and more apartments in this rank, it is respected by a rich apartment booth and all the rules of a rich apartment booth are expanded on the new one.

At the commentary of article 36 of the RF Housing Code, it is necessary to file a rewriting of the objects that enter the warehouse of the coal mine. Before the warehouse of the sleeping lane, there are premises that are designated for servicing the housekeepers of the dwellings and non-residential premises at the bagatokvartirny booth. Approved by the Decree of the Council of the Russian Federation on 13 September 2006. N 491 Rules for the departure of a sleeping lane at a bagatokvartirny boudinka give a further report on the objects that enter the warehouse of the zagalny lane of a bagatokvartirny booth (paragraph 2).

To the warehouse of a sleepy lane, according to the Rules, include:

a) accommodation at a rich apartment booth, which is not part of the apartments and is recognized for serving more than one residential and (or) non-residential accommodation at the same rich apartment booth (hereinafter - the accommodation of a residential house), including apartment exits other mines, corridors, wheelchairs, hills, technical surfaces (including the construction of garages and maidanchiks for automobile transport, mains, technical hills) and technical grounds, in which ) non-residential accommodation at a bagatokvartirny booth of possession (including boiler houses, boiler rooms, elevators and other engineering facilities);

c) protecting structures of a multi-apartment booth (including foundations, silly walls, slabs of overlaps, balconies and other slabs that carry colonies and other bearing structures that protect);

d) enclosing non-bearing structures of a multi-apartment booth, which serve more than one residential and (or) non-residential accommodation (including the windows and doors, the use of a fenced coristuvannya, railings, parapets and other structures that do not carry);

e) mechanical, electrical, sanitary and technical, and other possessions, which are located in a rich apartment booth beyond the boundaries, or in the middle of the premises and the servants of more than one residential and (or) non-residential accommodation (apartment);

f) a land plot, for arranging rich apartment houses and for the interim appointed on the basis of data of the state cadastral appearance, with elements of landscaping and landscaping;

g) other facilities designated for maintenance, operation and landscaping of a multi-apartment booth, including transformer substations, heating points, recognized for servicing one multi-apartment booth, collective parking, garages, children and sports maidans, rosettes in the borders of the land rich apartment booth.

До складу спільного майна також включаються внутрішньобудинкові інженерні системи холодного та гарячого водо- та газопостачання, що складаються зі стояків, відгалужень від стояків до першого вимикаючого пристрою, розташованого на відгалуженнях від стояків, зазначених пристроїв, що відключають, колективних (загальнобудинкових) приладів обліку холодної та hot water, перших запірно-регулювальних кранів на відводах внутрішньоквартирного розведення від стояків, а також механічного, електричного, санітарно-технічного та іншого обладнання, розташованого на цих мережах, внутрішньобудинкова система опалення, що складається зі стояків, обігрівальних елементів, регулюючої та запірної арматури, колективних ( ) having attached the appearance of thermal energy, as well as other equipment, embroidered on these railings, an internal power supply system, which consists of entrance wardrobes, entrance-roose outbuildings, equipment for protection, control and management, collective (central) buildings electrical energy, поверхових щитків і шаф, освітлювальних установок приміщень загального користування, електричних установок систем димовидалення, систем автоматичної пожежної сигналізації внутрішнього протипожежного водопроводу, вантажних, пасажирських та пожежних ліфтів, пристроїв дверей під'їздів багатоквартирного будинку, мереж (кабелів), що автоматично замикаються. up to clause 8 of the Rules of the Rules to individual, indoor (apartment) fittings in the form of electrical energy, as well as other electrical equipment, stashed on these rafters.

3. In paragraph 8 of the above-named Regulation, there is a cordon of electricity, heat, water supply and water supply, information and telecommunication measures (among them, a cable of wired radio communication, cable television, оптоволоконної мережі, ліній телефонного зв'язку та інших подібних мереж), що входять до складу загального майна, якщо інше не встановлено законодавством РФ, є зовнішня межа стіни багатоквартирного будинку, а межею експлуатаційної відповідальності за наявності колективного (загальнобудинкового) приладу обліку відповідного комунального resource, which has not yet been installed for the sake of the Vlasniks' occupancy from Vikonavtsy public services or a resource postal organization, a space for the creation of a collective (head-to-head) outfit with a distinctive engineering measure, scho to enter to the bagatokvartirny booth.

Vodnocha at pіdp. "g" of paragraph 2 of the Regulations it is appointed that before the main lane of a multi-apartment house there are objects recognized for maintenance, operation and well-maintained a multi-apartment house, including transformer substations, heating points, recognized for servicing one apartment house, collective, parking children and sports maidans, roztashovanny at the borders of the land plot, on which there are rich apartment houses. Qi objects roztashovanі on pribudinkovіy territory, tobto. on the way to the house.

The legislator having established that the pribudinka territory should enter to the warehouse of the sleeping lane and, in the same way, to the warehouse of the central lane, enter the roztashovan on this territory of the object, recognized for serving the bungalow. Alternately, transformer substations, heating points, designated for servicing one apartment house, enter to the warehouse of the central lane; look at the callous wall of the house.

From the same, electricity, heat, water supply and water supply, information and telecommunication measures, which are located at the sleeping quarters of the Vlasniks, at the apartment house and roztasovana at the station at the wall of the house, enter until the sleeping quarters at the independent lane If the shards of land are located near the sleeping lane of a rich apartment house, then the engineering communications may also be connected to the sleeping lane. The Zhitlovy Code of the Russian Federation does not provide other options.

4. Before the warehouse of the sleeping lane, near the apartment booth, a land plot is turned on, on which the designation of the booths is known, I will landscape it with landscaping elements. Prote mezhі zemі dіlyanok, on such roztashovanі rich apartment booths, installed far from old.

At paragraph 2 of Art. 36 of the Land Code of the Russian Federation it is appointed that in the main forgetful of land plots, on which one can be found, to enter the warehouse of the central lane of a rich apartment house, living quarters and other houses, it is supposed to be like a sleeping place in the bedroom of the share of the power of the housekeepers in order, I have been put in order legislation.

At my heart, at Art. 16 of the Introductory Law to the Housing Code of the Russian Federation, it was established that in the main forgetful settlement there is a land lot, on a roztashovaniy of a bagatokvartirny booth and other objects of an indestructible lane, which can be entered to the warehouse of such a booth, є zagalny chastkovy vlasnіst vlasnіst vlasnіstіv pomіschennuyu booth.

A land lot, on a roztashovani of rich apartment booths and other objects of a non-destructive lane, which enters the warehouse of such a booth, which is formed before being introduced into the department of the Housing Code of the Russian Federation and how the state cadastral form is carried out, to pass without cost into the shareholding share of the power of the apartment house .

In such a rank, as at the time of the appearance of the rank of the LCD of the Russian Federation between the land lot, on the way the rich apartment booths and other objects of the unbreakable lane, which enter the warehouse of such a booth, have been installed and carried out the cadastral appearance, then this land plot should be transferred without cost to the land share vlasnіst vlasnіv vіshіnі іn the bagatokvartіlny booth from the moment оnbіtya chinnosti JK RF.

If the cordon of the land plot has not been established, be it a high-ranking officer who has been placed in a rich apartment booth may have the right to turn to the authorities. state power or the organization of the mass self-regulation from the application for the establishment of inter-land plots, for the distribution of rich apartment houses. The land lot should be passed without a cost to the shareholding share of the vlasnik in the place of the apartment house from the moment of carrying out the state cadastral appearance of the land lot, to the yakіy rozashovanie of the bagatokvartirny booths and other objects of the unbreakable lane, to enter such a house to the warehouse.

From the moment of setting on the cadastral form, the land plot is blamed as an object, it is turned on to the warehouse of the zagalny lane of the rich apartment booth and after the fact of its formation.

New or reconstructed apartment houses and other objects of a non-destructive lane, which enter the warehouse of such houses, after they are introduced into the Department of the Housing Code of the Russian Federation, they are taken into operation only when forming land plots, on such refurbishment of such apartment houses. AT to this particular type the land plot is immediately switched on to the warehouse of the rich lane of the rich apartment booth.

Якщо багатоквартирний будинок приймається в експлуатацію по черзі, то права власності на земельну ділянку включаються до складу багатоквартирного будинку та переходять до загальної пайової власності власників приміщень у багатоквартирному будинку з моменту прийняття в експлуатацію першої черги багатоквартирного будинку, якщо при здачі першої черги не буде сформована земельна a dilyanka only under a blatant forgetfulness. This is why it’s reasonable for us that at a well-known forgetfulness (and the first black house at the same time as a clear forgetful one) to the land lot to go to the power of the vlasnistka to the place of a rich apartment house for the fact of the formation of a land lot and that place of land near a rich apartment house to the right to go to the main land lot.

The Land Code of the Russian Federation (Part 2, Article 36), the Zhitlovsky Code of the Russian Federation (Article 36) The introductory law to the Housing Code of the Russian Federation (Article 16) established that the rulers of the apartment house cannot have other rights to the land plot .

5. At paragraph 7 Decree to the Order of the Russian Federation on 13 September 2006. N 491 “On the approval of the Rules for the establishment of a residential lane in a bagatokvartirny booth and the Rules for changing the cost of paying for the repair of a living quarters at a time, the services and vikonannya robіt z management, utrimannya that repair of a sleepy lane at a bagatokvartirny booth of an inadequate capacity and (or) with breaks, to reshape the installed trivality” it is established that the organs of the state power and the organs of the state self-regulation secure the state cadastral appearance of land plots, on some distribution of rich apartment booths, without compromising payment for the sovereign’s accommodation at rich apartments of a booth.

In such a rank, a binding of the organs of the local self-rowing and the organs of the state power was installed to form land plots, on some sort of roztashovani rich apartment houses.

6. Land plots, on some sort of roosting rich apartment booths, are recognized not only for coristing by hairdressers at these booths, but also for coristing bagatma by other persons. At zv'yazku z tsim be-like fences or forgetting land plots that cross the passage or the passage, sound can lead to the destruction of the rights of the hunkers and legal rights. On these plots, there can be rozdashovannye passes, children maidanchiks, tracts of green plantings, and other objects, recognized for corystuvannya by an insignificant stake of osib. In such situations, land plots can be covered with the right of a fringed coriste by other persons (servitude).

Obtyazhennya, scho іsnuvali chivalry of the LCD of the Russian Federation, do not attach themselves to the transfer of the right of power to the land plot. As soon as the tightness is established after the acquisition of ceremoniality by the Code, then, similarly, the tightness of the land plot is established for a special reason, as it will require the installation of such a tight land plot, that by the hairdressers a place near the bagatokvartirny booth.

If the parties did not reach the agreement about the obtyazhennya land plots with a new servitude, then the dispute about її is established, or you may be violating the court order.

7. Zagalne mayo at the rich apartment booth is rebuying at the sleeping quarters of the vlasniks of the living quarters and uninhabited dwellings (far away - the vlasniki of the dwelling) of this booth, the housekeepers.

At the structure of a rich apartment house, two parts are seen, one of them is inhabited and uninhabited, which lie on the right of authority for the people, legal persons or to public orders, and another part of a rich-apartment booth - a sleeping quarter - is found at the sleeping quarters of the Vlasniks in the quarters of a rich-apartment booth. Appointed at a rich apartment booth with objects of the right of authority. The right of power and other speech rights to reside in a rich apartment booth are subject to state registration in the case, transferred by federal legislation. Zagalne mine in a bagatokvartirny booth - the only inappropriate object and be found in the sleeping quarters. With this in mind, it should be noted that the rulers of the house of the rich apartment house are not the rulers of the hill, the mountain, the possession, the land plot and other objects are fine. They are vlasniks of a sleepy lane, like a single lane that is incompetent to the complex. At the time of the object of the right of power, the bedroom is mine as an independent object.

From what has been said, it is possible to create visnovoks, that a rich apartment house, as a single complex of an unruly lane, cannot be an independent object of the right of power (as well as another speech right), shards of an object of the right of power, living in a new place, but reshta at the sleeping quarters of the vlasniki vlasniki living quarters Chastka at the right of the sleeping vlastnosti at the sleeping quarters at the Vlasniki vlasnіshny at the rich apartment booth vinikaє through the law at the moment of viknennya of the right of power at the pridbán by them at the booth.

8. Spilne mayo at a rich apartment booth does not give way. Vono does not take part in the civil revolution as an independent object. Also, they don’t take into account the surroundings of a part of a sleepy lane. They are independent objects of the right of authority of another speech right.

Deyakі parts of the spilny lane can be brought to the place of the result of the reconstruction. For example, a part of the mountain dwelling may be brought to the living quarters, as a result of the living quarters, the dwelling will increase at the rosemary. Such things can be made by the path of reconstruction to the premises of that part of the scorched lane. As a result of the reconstruction, a new object is born - an apartment of a larger area, even as the area of the city's residence is changing. Oskіlki is similar to the reconstruction to be carried out at the same time as a sleeping lane near a rich apartment booth, the needs of other military occupants are needed. Such a year can be taken away from the order, peredbachenomu Art. - (Div. comment before the articles). After otrimannya zagodi vlasnikіv primіschen it is possible to carry out the reconstruction in accordance with the Code and legislation of the Russian Federation on local activity.

9. For the decision of the Vlasniks to be placed at the apartment house, it is possible to transfer the objects of the sleeping lane to the third persons. behind fire rule such a decision is accepted at the outrageous gatherings at the order, peredbachenomu art. - 48 ZhK RF (div. comment before the articles). Prote decisions wild gatherings the comradeship of Vlasnikiv Zhytla or the Zhytlovy cooperative can be upovnovazhenі to transfer the coronation of a part of the savage lane.

Due to the functional features in the total obsyaza, the objects of the main lane can be transferred to other persons to inspire. Before such a bastard, the soda is in the way, the mіzhkvartirnі sides, go, Lifty, Lifovі tu іnshі Shakhi, corridori, non -school, pushing that, mechanical, plumbing tu. other objects that hinder the realization of the rights of the Vlasniks for accommodation at the apartment block.

Objects of spіlnoї vlasnostі, koristuvannya yakim not lead to the destruction of the rights of vlasnikі v vlasnіv vіshіnі vіshіnі pri zhіlnozhіvі budinku, can be transferred from corіstuvannya to physical or juridical persons (for example, pіdval). However, as if it were another part of the savage lane, there could not be visions as an independent object of the right of power.

It is impossible to create a technical appearance and attract a cadastral number to it, to establish a state registration of the right of authority. Mustaches are impossible to connect with tim, scho splne mineno є incompetent mine complex. Later, for the sake of a part of the sleeping lane, it is not possible to grow as an object of indestructibility, there are no shards of such an independent object. The transfer of the coristuvannya, whether it be a part of the scorched lane, may be subject to the norms for the sake of the ruhomim lane.

The transfer at the coristuvannya of the objects of the sleeping lane at the bagatokvartirny booth is carried out by the housekeepers.

For the presence at the bagatokvartirny booth of the comradeship of the Vlasniks lived, a party to the agreement on the transfer of a part of the hidden lane from the coristuvannya is the guardian of the apartment at the bagatokvartirny booth. The agreement can be signed by one of the Vlasniks, as well as by the blame for the upheavals on the whole collections of the Vlasniks. If a partnership of Vlasnikov Zhitla and a Zhitlov cooperative was created at a rich apartment booth, then a party to the agreement on the transfer of a part of the sleeping lane from the coristuvannya acts as a partnership of cooperative. In times of comradeship, the cooperative acts in the name, but in the sphere of the Vlasniks, the place is in a bagatokvartirny booth.

10. At the time of the ruin or the demolition of a rich apartment house, the land lot is abandoned at the sleeping quarters of the vlasniks in the place of the rich apartment house, which was previously known on this lot. Chastki near the right of power on the land lot of the participants in the share power are overgrown with them, like boules on the bed of the house near the bagatokvartirny booth.

Appointed rulers of the Volodymyr, koristuyutsya and rozpriyazhayutsya before transferring part 6 of the commented article 36 of the Civil Code of Russia to the civil law.

However, the vlasnik of such a land lot is surrounded by land plots (div. commentary before the designated statute).

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Chapter 6

At the rich apartment booth. THE SPECIAL COLLECTION OF SUCH VLASNIKIV

Article 36

ConsultantPlus: note.

From the food, which is worth the formation of a land plot, on a kind of roztashovaniya rich apartment booths, that transition to the power of the vlasniks in the place of such a booth, divas. Article 16 of the Federal Law of December 29, 2004 N 189-FZ.

1. Vlasniks should be placed at the apartment booth to lay down on the right of the sleeping quarters of the power of the bedroom at the rich apartment booth, and to themselves:

3) Dahi, who protect the bearing and non-bearing construction of this booth, mechanical, electrical, sanitary and technical, and other equipment, which is located in this booth beyond the boundaries, or in the middle, there are more than one service;

(Part 1 as amended by the Federal Law of 04.06.2011 N 123-FZ)

3. Replacing the expansion of the zagalny lane at the rich apartment booth is only possible over the year for all the vlasniks to take up residence at this booth with a path of reconstruction.

(part of the shost is introduced federal law dated December 18, 2006 N 232-FZ)

Comment to Article 36 of the RF LC
1. The statute, which is commented on, regulates the rights of power in the bedroom, in the rich apartment houses. Until the present, the Code of Names of Vidnosiny was regulated by the Federal Law "On Associations of Vlasniks of Life". In practice, the stagnation of the Law was blamed on the difficulties in nourishing the rights of the Vlasniks in the quarters at the rich apartment booth in the main booth. The stinks were viklikanі, in a first way, I will call the Law, how to still talk about the partnership of the Vlasniks living, in a different way, they blamed it through the term “condominium”. The practice of zastosuvannya of the Federal Law "On the Association of Vlasnikiv Zhitla" was ambiguous. Zdebіlgogo ce bulo zumovleno non-significance of the Law on the need for registration of a condominium and ambiguous clouding of the norms for the creation of a condominium. The act of the named Law was attached to the moment of the appearance of ceremoniality by the Code, in which there is no longer a term "condominium" and, as a result, there are no norms about the registration of that creation. The norms of the commented statute regulate the rights of the right of power to a rich apartment house, de living accommodation to lie on the right of power to different subjects, including public illumination. In addition, the power of the sleeping quarters in the bedroom at the apartment house is regulated at the same time in all the apartment houses, regardless of the number of housekeepers in such a house and in the presence of the camaraderie of the Vlasniks living or whether it is any other organization. Well, the new residential complex, having solved a part of the problems, was blamed earlier when the norms of the Federal Law "On the partnership of the Vlasniks of the living" were stagnant about the norms about the outrageous mine of a rich apartment house.
2. The owner of the living quarters that non-living quarters at the rich apartment booth should, in addition to the necessary quarters, also have a part of the right of power in the living room of the main booth. At the comments of the article, it is necessary to file a new list of objects that enter the warehouse of the central lane, including the accommodation designated for servicing the housekeepers and non-residential accommodation at the bagatokvartirny booth. Before such places, one should see vіzki, pіdvali, hills, technical applications, gatherings and other applications. Also, the warehouse of the sleeping lane includes engineering and communications, which serve more than one room at the rich apartment booth.
3. In addition, before the warehouse of the sleeping lane near the bagatokvartirny booth, land plots are included, for which the designations of booths are known, with elements of landscaping and landscaping, and other objects, roztashovani on the designated land plot, and designated for maintenance and landscaping booth. Prote mezhі zemі dіlyanok vstanovlenі far not zavzhd. Often, land plots were given for life at once for a few hours, and, apparently, under the skin of specific booths, the plots were not seen as independent. Organizations, yakі zdіysnyuyut budіvnitstv, buv nebhіdnostі vstanovlyuvat between the land plots of the skin of a particular booth, oskolki zgodom, tobto. after the end of everyday life, these organizations did not gain speech rights to induce them to live in houses and land plots.
Chinim until nabuttya chirnostі novim JK RF by legislation was transferred to the transfer of the property to the vlasniks from the rich apartment booth of the land plot to the collective shareholding authority. At the same time, the right of power in the bedroom is mine, to the warehouse of which the land is to enter the land, at the vlasniks’ place at the rich apartment booth, through the power of the right of power in the dwelling’s place. Viniknennya rights part of the bed of power on the bed of mine in a rich apartment house may lie down at the will of the head of the vlasnik.
In addition, in the most important regions, the organs of the sovereign power of the subjects of the Russian Federation, those organs of the local self-regulation did not transfer to the rulers the place of residence at the rich apartment booths of the land plot near the shareholding power. The norms of the federal legislation on the transfer of a land lot to the shareholding authority, for the yakіy roztashovaniya rich apartment boudinok, did not shrug off the bad result.
4. Federal Law "On the introduction of the Zhitlovy Code of the Russian Federation" it was established that a cadastral appearance was carried out near a land plot, on a rozashovaniy rich apartment booths and other objects of an indestructible lane, to enter the warehouse of such a booth. Installed between the land plots, de-robbing the bagatokvartirny budinok, zdiisnyuєtsya by the authorities of the sovereign state or by the organs of the local self-regulation. The cadastral appearance is carried out with the help of their expenses.
If between the land lot, on the way the rich apartment booths and the other objects of the indestructible lane, which enter the warehouse of such a booth, the cadastral form is installed until the day of the date of the date of ceremoniality under the Code, then the land plot should be passed without cost to the owner’s share at the bagatokvartirnuyu boudinka z nabuttya chivalry of the new housing complex of the Russian Federation.
У разі коли кордону земельної ділянки не встановлено, то на підставі рішення загальних зборів власників приміщень у багатоквартирному будинку будь-яка уповноважена загальними зборами особа має право звернутися до органів державної влади або органів місцевого самоврядування із заявою про встановлення меж земельної ділянки, на якій розташований багатоквартирний booths. The land lot should be passed without a cost to the shareholding share of the vlasniks in the place of the bagatokvartirny booth from the moment of carrying out the state cadastral form of the land plot, to the sorting of the bagatokvartirny booths and other objects of the non-destructive lane, to enter the warehouse of such a booth.
In every case, the inclusion of a land plot to the zagalny lane of a rich apartment house is, as a result, blamed for the right of sovereignty for the fact of establishing an inter-land plot and carrying out a sovereign cadastral appearance.
5. In addition, the Federal Law "On the introduction of the Housing Code of the Russian Federation into the Code of Living" has been transferred, that rich apartment houses and other objects of an indestructible lane, that they should enter the warehouse of such houses, encourage or reconstruct after the onset of officialdom of the ZhK RF, with the installation of reconciliations and inter-land plots, on such re-stashing of such rich apartment houses, that the cadastral appearance was carried out.
At this point in time, the land plot is immediately switched on to the warehouse of the zagalny lane of the rich apartment booth.
6. Land plots, on some sort of roosting rich apartment booths, are recognized not only for coristing by hairdressers at these booths, but also for coristing bagatma by other persons. At zv'yazku z tsim be-like fences or forgetting land plots that cross the passage or the passage, sound can lead to the destruction of the rights of the hunkers and legal rights. On these plots, there can be rozdashovannye passes, children maidanchiks, tracts of green plantings, and other objects, recognized for corystuvannya by an insignificant stake of osib. In such situations, land plots can be covered with the right of a fringed coriste by other persons (servitude).
The obtyazhennya, which were used until the day the ceremonies of the LCD of the Russian Federation, are not attached to the transfer of the right of power to the land lot. As soon as the tightness is established after the acquisition of ceremoniality by the Code, then, similarly, the tightness of the land plot is established for a special reason, as it will require the installation of such a tight land plot, that by the hairdressers a place near the bagatokvartirny booth.
If the parties did not reach the agreement on the covering of the land plot with a new easement, then the super-box about it was installed, or else it could be violated by the court order.
7. Zagalne mayo at the rich apartment booth is rebuying at the sleeping quarters of the vlasniki of the living quarters and non-living dwellings (further - vlasniki of the dwelling place) of this booth, the housekeepers.
At the structures of bagatcated alarm clock, the two parties are visible, one - Zhitlovi that non -ivlovi adminity, lek on the right of the sovereigns, the legal entities of the natives of the Pull, and Insha part of the bagatota -sized sino sulfur. Appointed at a rich apartment booth with objects of the right of authority. The right of power and other speech rights to reside in a rich apartment booth are subject to state registration in the case, transferred by federal legislation. Zagalne mine in a rich apartment booth is the only, inconsistent object and is known to the sleeping quarters. In this case, it is important to note that the rulers of the house of the rich apartment house are not the rulers of the hill, the mountain, the land, the land plot is thin. Okremo. The stinks are the masters of the sleeping lane as a single lane complex. At the time of the object of the right of power, the bedroom is mine as an independent object.
From what has been said, it is possible to create visnovoks, that a rich apartment house, as a single complex of an unruly lane, cannot be an independent object of the right of power (as well as another speech right), shards of an object of the right of power, living in a new place, but reshta at the sleeping quarters of the vlasniki vlasniki living quarters Chastka at the right of the sleeping vlastnosti at the sleeping quarters at the Vlasniki vlasnіshny at the rich apartment booth vinikaє through the law at the moment of viknennya of the right of power at the pridbán by them at the booth.
8. Spilne mayo at a rich apartment booth does not give way. Vono does not take part in the civil revolution as an independent object. Also, they don’t take into account the surroundings of a part of a sleepy lane. They are independent objects of the right of authority of another speech right.
Deyakі parts of the spilny lane can be incremented to the occupancy of the result of the reconstruction. For example, a part of the mountain dwelling may be brought to the living quarters, as a result of the living quarters, the dwelling will increase at the rosemary. Such things can be made by the path of reconstruction to the premises of that part of the scorched lane. As a result of the reconstruction, a new object was born - an apartment of a larger area, as well as the area of the city's residential area is changing. Oskіlki is similar to the reconstruction to be carried out at the same time as a sleeping lane near a rich apartment booth, the needs of other military occupants are needed. Such a year can be taken away from the order, peredbachenomu Art. Art. 46 - 48 ZhK RF (div. comments to these articles). If such an appointment of the magistrates is taken care of, it is possible to carry out reconstruction in accordance with the Code and legislation of the Russian Federation on local activity.
9. For the decision of the Vlasniks, the transfer to the apartment building can be transferred to the koristuvannya deyakikh objects of the sleeping lane. For the rule of thumb, such a decision is accepted at the barren gatherings at the order, transferred to Art. Art. 46 - 48 ZhK RF (div. comments to these articles). For the resolutions of the outrageous collections, the partnership of the Vlasniks of the living quarters and the living cooperative can be upovnovazheny the transfer of a part of the residential property.
Due to the functional features in the total obsyaza, the objects of the main lane can be transferred to other persons to inspire. Before such a bastard, the soda is in the way, the mіzhkvartirnі sides, go, Lifty, Lifovі tu іnshі Shakhi, corridori, non -school, pushing that, mechanical, plumbing tu. other objects that hinder the realization of the rights of the Vlasniks for accommodation at the apartment block. Objects of spіlnoї vlasnostі, koristuvannya yakim not lead to the destruction of the rights of vlasnikі v vlasnіv vіshіnі vіshіnі pri zhіlnozhіvі budinku, can be transferred from corіstuvannya to physical or juridical persons (for example, pіdval).
However, as if it were another part of the savage lane, there could not be visions as an independent object of the right of power. While a part of a fallen lane it is impossible to carry out a technical appearance and assign a cadastral number to it, as well as to carry out a state registration of the right of power. Mustaches are impossible to connect with tim, scho splne mineno є incompetent mine complex. Later, for the sake of a part of the sleeping lane, it is not possible to grow as an object of indestructibility, there are no shards of such an independent object. The transfer of the coristuvannya, whether it be a part of the scorched lane, may be subject to the norms for the sake of the ruhomim lane.
10. Transfer from the coristuvannya of the zagalny lane to the rich apartment booth to see through the clerks of the place.
For the presence at the bagatokvartirny booth of the comradeship of the Vlasniks lived, a party to the agreement on the transfer of a part of the hidden lane from the coristuvannya is the guardian of the apartment at the bagatokvartirny booth. The agreement can be signed by one of the Vlasniks, as well as by the blame for the upheavals on the whole collections of the Vlasniks. If a partnership of Vlasnikov Zhitla and a Zhitlov cooperative was created at a rich apartment booth, then a party to the agreement on the transfer of a part of the sleeping lane from the coristuvannya acts as a partnership of cooperative. In this moment, the comradeship or the cooperative act in the name of the vlasnoy, but at the mercy of the Vlasniks in the place of the bagatokvartirny booth.

Zhitlovy code N 188-FZ | Art. 36 ZhK RF

Article 36 of the LC RF. The right of power in the bedroom of the mayo vlasnik in the place of the rich apartment booth (chief edition)

1. Vlasniks should be placed at the apartment booth to lay down on the right of the sleeping quarters of the power of the bedroom at the rich apartment booth, and to themselves:

3. Replacing the expansion of the zagalny lane at the rich apartment booth is only possible over the year for all the vlasniks to take up residence at this booth with a path of reconstruction.

4.1. Пристосування спільного майна у багатоквартирному будинку для забезпечення безперешкодного доступу інвалідів до приміщень у багатоквартирному будинку відповідно до вимог, зазначених у частині 3 статті 15 цього Кодексу, допускається без вирішення загальних зборів власників приміщень у багатоквартирному будинку лише у разі, якщо такий пристрій здійснюється без залучення коштів . ordered by the Vlasniks.

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Changing the area of ​​the open lane of a rich apartment house. Vikoristannya part of the lane by the keeper of a bagatokvartirny booth. Legal regulation of the sleepy lane of the Vlasniks in the place of the rich apartment booth

Article 36 to a rich apartment booth

Change Art. 36 ZhK RF

Riddles Art. 36 of the Housing Code of the Russian Federation for legal advice

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Perelik of Zagalnobudinkovy lane

Comment to St. 36 ZhK RF

Article 36 of the LC RF. The right of power in the bedroom of the mayo vlasnik in the place of the rich apartment booth (chief edition)

Changing the area of the open lane of a rich apartment house. Vikoristannya part of the lane by the keeper of a bagatokvartirny booth. Legal regulation of the sleepy lane of the Vlasniks in the place of the rich apartment booth