Determination of common areas in an apartment building. Common areas of non-residential premises. Lighting Cost Calculation

Common areas are common property owned by the owners of a residential apartment building, as well as non-residential buildings. They 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 in cases where certain hours have been set for this. A similar decision is made on a different 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 the current legislation, common areas in residential buildings are common house property.

His list includes:

The land on which the house was built. This also includes the improvement objects located on them, as well as those that are specially created for housing maintenance.
- 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 necessary for servicing residents and apartments (landings with elevators).

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 the design features of the premises. What is the purpose of this order? It is necessary to fulfill the obligations for the maintenance of property, control over its proper maintenance, as well as for the competitive selection of organizations that will manage the facility.

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

1. Premises for various purposes, located inside the house, but not positioned as structural elements for building apartments, as well as their geometry. Such common areas are designed to serve not only the house, but also its residents (more than one).
2. Platforms through which access to housing is carried out, as well as to the exit from the entrance, elevators, stairwells, 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 designed to serve residents (more than one), as well as additional service sites located inside the building that are involved in servicing such equipment.
6. Boiler rooms, as well as 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. Enclosing objects located inside the house (stair railings, parapets, etc.).
11. Doors and windows in rooms intended for public use.
12. Mechanisms and devices necessary to satisfy people in the light, warmth and other benefits of civilization.

How to briefly describe the common areas in an apartment building? What is included in 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 the use of different people, a number of features 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 putting common areas in a separate category? This is necessary to pay for their operation. Today, tenants of apartment buildings are forced to pay money for common areas in an apartment building. What is included (a hostel is not considered under this scheme) in a utility bill? This includes the lighting of places intended for public use. Previously, there was no such line in the receipt.

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

Invoices for lighting of such premises include payment for:

Losses of electricity caused by imperfect wiring;
- light in the entrance;
- food for a specialized means of communication (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 basements and attics.

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

Features of communal housing

Living in the same apartment with neighbors who are complete strangers can hardly be comfortable. After all, each person has his own habits and a certain daily way of life.

Life in a communal apartment is constant quarrels over noise, various trifles, and also over public places. Even adults find it difficult to inspire the idea that you just need to respect each other and comply with certain agreements.

Places available to all residents

Anyone who lives in a multi-occupied apartment has the same right as his neighbors to use the corridor and the kitchen, toilet, hallway and bathroom. All these are common areas in a communal apartment. As a 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 common areas in a communal apartment used? There is no definition of this order in the legislation. What to do if disputes arise between tenants? In such cases, issues are resolved in court.

Repair

In what cases is a multi-occupied apartment in need of construction work? The need for repairs is established by representatives of those organizations that service the house or manage it. Such a conclusion can be made by invited experts called by the residents of the apartment. After drawing up the act of inspection, the final decision is made. If it is positive, then the next step is to draw up an estimate.

Payment for repairs is made by residents. However, people are not always ready to contribute money for the improvement of common areas in non-residential premises. Judicial practice suggests that if neighbors refuse to pay, you can take these costs on yourself. Reimbursement 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. At the same time, repairs will be made on time, providing aesthetic pleasure.

non-residential buildings

Public spaces exist not only in houses inhabited by people. There 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 set of premises (offices, cabinets, etc.) that belong to a separate owner. Often these spaces are rented out.

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.

Multi-subject relationship

Who uses the 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;
- direct owners;
- credit organizations (banks, etc.);
- unitary enterprises;
- municipalities.

Owner Relations

How are common areas in a non-residential building used? Determination of the legitimacy of certain relations of owners 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 fact that a huge number of owners appear. Their number is constantly growing in existing buildings. To date, the relationship of owners began to go beyond civil circulation. That is why this problem requires additional attention from the legislature.

Common areas

If an individual or legal entity owns a 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 building. What is included in this category? Common property in a non-residential building includes:

Premises required to service more than 1 premise of the building;
- landings;
- halls;
- stairs;
- elevator and other mines;
- corridors;
- technical floors;
- attics;
- roofs;
- cellars with engineering equipment located in them;
- non-bearing and load-bearing structures;
- various types of equipment.

The right to share ownership of public spaces 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.

Civil Code of the Russian Federation in paragraph 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 consensus? In such cases, this or that issue may 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. The balance of economic interests of each of the parties must also be observed.

After determining the procedure for using and owning the common property of a non-residential building, mandatory legal relations arise between the owners. At the same time, 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 service more than one room. 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 the premises that are part of the common property, or common areas (MOP), and from this there are even more questions regarding the calculation of the amount of the fee.

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

So, according to Decree of the Government of the Russian Federation No. 354 dated May 6, 2011 (hereinafter referred to as Decree No. 354), a non-residential premises in an apartment building is a room in an apartment building indicated in the design or technical documentation for an apartment building or in the electronic passport of an apartment building that 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 engineering networks, including built-in and attached premises.

Parts of multi-apartment buildings intended for the placement of vehicles (parking spaces, underground garages and parking lots provided for by project documentation) are equated to non-residential premises.

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

Non-residential premises also have owners, they must also be issued with certificates of registration of ownership by 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 utility bills for heating, according to the total area occupied, gas supply, cold and hot water supply, water disposal, power supply according to the readings of individual metering devices or according to the volumes identified by calculation. They also retain the obligation to pay for utilities provided for general house needs.

In the formulas for calculating the amount of payment for utility services of Decree No. 354, the concept of the total area of ​​\u200b\u200ball residential and non-residential premises is used, and here it is the area of ​​\u200b\u200bthe premises that are assigned to the owners or users of the premises, common areas that are part of common property are not included in this area.

It should be noted that questions with the correct definition of the area began to arise due to the need to equip apartment buildings with common house metering devices, because in those houses where such devices are not available, it does not matter what area they occupy, for example, shops located on the ground floor, the calculation is made for apartments according to standards, for non-residential premises a certain the volume of utility services is calculated by the resource supplying organization, taking into account what is located in this room, what area it has and other parameters.

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

Vigilant citizens in apartment buildings have recently begun to pay attention to this, as this problem affects both new buildings and old houses. Today it is becoming popular to buy an apartment located on the ground floor in an apartment building, transfer it to non-residential premises and open a shop 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 on the other hand - from property owners who, according to the formulas, must pay, for example, for 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 Decrees No. 354 and the principles of all housing legislation.

There are cases when some of the premises that are part of the common property, such as basements or plinths, go into the category of non-residential premises. We will not talk about how legal it is, but in order to calculate the amount of utility bills, the following picture will emerge. If some rooms in the basement or basement are legally registered as non-residential premises, that is, certificates of registration of property rights are issued on them, 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 treated to the premises that are part of the common property of an apartment building, respectively, and 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 leased (this is also very often used), this requires the decision of the general meeting of the owners of the 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 lease 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 in the lease agreement.

Therefore, in 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 clearly know on what basis such premises are occupied, and how utility bills are calculated for them.

In this regard, we remind you that subparagraph p) of paragraph 31 of Decree 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 (number) of consumed utility bills. resources according to the indications of collective (common house) metering devices (if any), on the total volume (quantity) of the relevant communal resources consumed in residential and non-residential premises in an apartment building, on the volumes (quantity) of communal resources calculated using utility consumption standards , on the volumes (quantity) of communal resources provided for general house needs.

Therefore, consumers of utility services do not need to be shy, but should contact the contractor in a timely manner for clarification if questions arise regarding payment for utility services. Maybe a sense of control on the part of consumers will force performers to take their duties more seriously and responsibly.

The reform of the housing and communal services has led to the appearance of a new line in the bills for housing and communal services "electricity MOS". The lack of understanding of what a MOS is in an apartment building and how the amount for paying for electricity is calculated, to this day causes controversy and resentment among residents of high-rise buildings.

The concept of MOS lighting

The abbreviation MOP is deciphered as common areas in an apartment building, to which, in accordance with Article 36 of the LC RF, include: landings, attics, elevators and elevator shafts, corridors, etc. The concept of MOP applies only to an apartment building, since only in this single complex of real estate there is an ownership relationship to them.

MNP lighting is a housing service provided to the owners of the premises, which requires such a communal resource as electricity. A simpler interpretation of the concept is a service for supplying light to a shared space. Previously, this item was part of the article "repair and maintenance of housing." But in Decree of the Government of the Russian Federation No. 354 dated 05/06/2011 "On the provision of public services" there was a separation of power supply in public places of MKD, as a separate service.

Who pays

Expenses for the provided housing and communal services, including the maintenance of the MNP, according to Art. 39 p.1 of the LC RF, are the owners of residential and non-residential premises. Also, in accordance with Resolution No. 354 the owner is obliged to pay monthly for the electricity supply of the MOS,.

Lighting Cost Calculation

To determine the amount of electricity spent on public needs, the following indicators are taken:

1. Total electricity consumption in the house. The indicator is obtained using a special common house meter, which should be in every apartment building.
2. The total consumption of electricity in all dwellings. For this indicator, data from individual apartment meters or consumption standards for apartments without them are taken.
3. Waste of electricity by legal entities connected to the general house network.

Actual electricity consumption in common areas is calculated as the difference between the indicators. It is multiplied by the tariff established in the region and divided among all owners in proportion to their share in the common ownership of the property. It turns out that the area of ​​​​the premises in the property affects the amount of payment. The exact calculation formula is presented in Appendix No. 2 to Government Decree No. 354.

According to Art. 13 Clause 5 of the Federal Law No. 291 dated 04.11.09 "On Energy Saving" each multi-storey building until 07/01/2012 must be equipped with collective metering devices for communal resources, which includes electricity. If the owners did not do this on their own, then until 07/01/2013 the meter is installed.

In accordance with Clause 7 of Art. 11 of this law, during the construction of a new apartment building, the developer must ensure that the building meets the requirements for energy efficiency and the equipment of the new building with metering devices.

In a number of old houses, a collective meter has not been installed, so the payment for lighting public spaces is calculated according to the electricity consumption norms established in each region, and distributed similarly to the previous method. It should be noted that payment according to the standards involves the use of increasing coefficients. This measure was introduced to increase the motivation of owners to install common house meters.

Problems in MOS Lighting Calculation

Why is the problem of lighting premises related to common areas so acute, because residents have previously paid for this service as part of another article. Until 2012, the amount for the item “repair and maintenance of the housing stock” was calculated according to the tariff, i.e. was fixed.

Currently, having common house meters, actual readings are used, which may vary throughout the year. Resentment over payment for lighting common areas began with the fact that residents began to receive receipts in which the amount for lighting common areas exceeded individual consumption. This is where the problem arises.

Energy losses in MKD

The collective electricity meter shows, in addition to the actual readings, the loss of electricity in the intra-house networks, arising for a number of reasons:

• Outdated electrical wiring and lack of energy-saving electrical equipment located in common areas. For example, the lack of energy-saving light bulbs.
• Breakdown of an individual counter. A faulty meter does not reflect the real consumption of the resource. It is not uncommon for residents of a house to deliberately not notify the power supply organization of a breakdown, and they use special devices to prevent the device from working correctly.
• Illegal connection to the public network. Independent connection to the line, bypassing the meter, and the absence of an agreement with the energy retailer also lead to the non-accounting of the resource.
• Lack of proper organization of data collection of metering devices in the house. For example, taking the readings of individual apartment meters in the period from the 23rd to the 27th day of the month, and the readings of the collective meters on the 29th, lead to significant data distortions.
• Inefficient use of electrical equipment that is in common property (turning on lights during the day, strong lighting at night)

It is engaged in the maintenance, repair and maintenance of electrical networks in good condition, to which the owners pay for the maintenance of public property, including intra-house electrical networks. In case of improper performance of duties, leading to possible reasons for an increase in electricity consumption in premises that are part of common areas, residents have the right to demand high-quality maintenance and replacement of equipment.

An important factor in the indignation of residents associated with the incorrect calculation of the amount for electricity spent on lighting common areas is the so-called "payment for a neighbor." Unscrupulous tenants transmit false data, connect bypassing the meter, etc., which leads to losses, which the management company distributes among the owners.

Liability for non-payment

On the basis of agreements with resource supply companies, HOAs and management companies are responsible for paying for the resources provided, as they are utility service providers. The energy supplier has the right to sue for non-payment with a demand to recover the debt, and the court, in most cases, satisfies these claims. In turn, the Criminal Code and the HOA file lawsuits to recover the debt from the owner, since it is his responsibility to pay for the communal resource provided to him.

The reform of the housing and communal services brings a number of innovations, which the inhabitants of the country cannot always immediately deal with. The appearance in the receipt of a new item "electricity MOS" was no exception. Poor awareness of the population about what this service is, leads to reluctance to pay for it. Each owner should be aware that the power supply of premises belonging to common areas is a service that has always existed, but has emerged as a separate type relatively recently, so the responsibility for paying for it lies on his shoulders. To resolve problems or disputes related to the provision of this service, it is recommended to contact the Criminal Code.