How to invalidate the act of flooding an apartment

It would be a mistake to believe that drawing up an act of non-residence can only take place in cases where a citizen does not live at the place of his permanent residence. Files in .DOC: Form of act on non-residence in the apartmentSample act on non-residence in the apartment

In most cases, the drawing up of an act is actually due to either the desire to write out a certain person, or the desire to recognize a certain person as having lost the right to living space. However, these two options do not completely cover the entire range of legal relations, during which it may be necessary to draw up a non-residence act. Below we will consider all possible options for applying the acts.

Reason for discharge

It is assumed that the place of registration must be the citizen’s place of residence. That is, deregistration (deregistration) seems to imply that the person being deregistered loses his place of residence. That is why deregistration of a citizen is possible only in two ways:

upon a personal application of a citizen;
By the tribunal's decision.

It goes without saying that drawing up an act of non-residence already implies that the citizen does not live at his place of registration and does not submit an application for deregistration. This means that drawing up an act in this case will be an action aimed at obtaining a court decision on deregistration.

The act can be drawn up either out of court for the purpose of preparing the evidence base for the corresponding statement of claim, or in court after filing a claim at the relevant request of the plaintiff.

Notice of granting access to an apartment sample

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09 Aug 2020 consurist 1169

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Recognition as having lost the right to living space

It does not matter to the owner whether he is registered in the apartment he owns or not. Ownership rights are retained in any case.

As for citizens living and registered in residential premises occupied under social rental conditions, for them non-residence in an apartment for more than 6 months is equivalent to the loss of the right to living space, unless the absent tenant has made a reservation for the apartment.

Compared to Soviet legislation, the use of armor in modern Russian legislation is limited.

Thus, in accordance with Decree No. 533 of the Government of the Russian Federation dated May 25, 1994, families moving to live and work in rural areas have the right to reserve living space for up to 3 years.

The Law of the Russian Federation “On the Status of Military Personnel” provides the right to reserve residential premises:

military personnel upon transfer to another place of service;
contract military personnel for the entire duration of the contract;
conscript military personnel.

The Law of the Russian Federation “On Service in Customs Authorities” provides the right to reserve residential premises by customs officers for the period of their transfer to service in another area.

Reservation means the tenant retaining his right to use social housing for the period of his non-residence at his place of registration. The reservation is made by writing a corresponding application to the local executive authority. The application must be submitted before the expiration of 6 months from the date of departure.

If a citizen does not reside at his place of registration for more than six months and in the absence of a reservation, the responsible employer or local executive authority has the right to file a claim in court to be declared as having lost the right to living space.

A certificate of non-residence may be attached to the statement of claim. It is possible to file a claim without an act, but in this case the court, either on its own initiative or at the request of the plaintiff, will send an order to the bailiff to verify the fact of residence. That is, the act of non-residence will be drawn up by the bailiff.

Notice of granting access to an apartment sample

Article 250 of the Civil Code of the Russian Federation, which provides for the pre-emptive right to purchase, contains only the condition that the notice of sale of a share of an apartment must be drawn up in writing and contain the essential terms of the transaction. Meanwhile, the procedure for sending a notice of sale, the procedure for its delivery, the algorithm of actions of the seller and co-owners are not defined by the legislator, which in practice gives rise to difficulties in completing the transaction, all sorts of obstacles to the sale of the share and further challenging the transaction.

“Ivan Ivanovich Ivanov hereby notifies Vasily Vasilyevich Vasilyev that he is selling his share (indicate the details of the Certificate of Registration of Rights) in the right of common ownership of the apartment located at the address:__, for _____ rubles. According to Art. 250 of the Civil Code of the Russian Federation Vasiliy Vasilyevich Vasiliev has the pre-emptive right to purchase the share in the right of common ownership of the apartment belonging to Ivan Ivanovich Ivanov, as a participant in common shared ownership. I ask you, no later than one month from the date of delivery of this application, to inform about your intention or refusal to purchase Ivan Ivanovich Ivanov’s share in the right of common ownership of the apartment for the above amount. If you refuse or do not receive a response from you after the specified period, the share in the right of common ownership of the apartment belonging to Ivanov Ivan Ivanovich will be sold to another person. Date, full name, signature.”

Reduced utility bills

In the absence of meters, utility bills are charged either depending on the square footage of the residential premises, or depending on the number of registered ones.

In the case where communal services are charged to persons who are registered but do not actually live in a specific living space, the main tenant or owner can, without deregistering, ask the utility services to reduce the accrued payments.

The fact of non-residence will be confirmed by a corresponding act.

Sample act of refusal to admit an apartment to the common property of an apartment building

They also resort to drawing up this document in cases of flooding of neighbors, when the resident (owner) does not allow access to common property. The document assumes a partially free form of presentation (general). It should contain an introduction, body and conclusion.

Representatives of the HOA have repeatedly made attempts to inspect the apartment's communications, however, positive results were not achieved, for which reports were drawn up. In accordance with Art. 210 of the Civil Code of the Russian Federation, the owner bears the burden of maintaining the property belonging to him, unless otherwise provided by law or contract.

Drawing up an act

If the act of non-residence is drawn up by a bailiff, then there is no need to worry about its contents - the bailiff will do everything correctly and in accordance with the law.

Questions about the procedure for drawing up an act arise when it is drawn up by housing authorities or neighbors at the initiative of the owner or responsible tenant.

The act of non-residence does not require the convening of a commission; the signature of witnesses or attesting witnesses is quite sufficient.

That is, they can draw up an act:

owners and responsible tenants, provided that at least two witnesses are indicated in the act;
the bailiff independently, subject to drawing up an act in the presence of witnesses with the selection of their signatures;
police officer (precinct officer) with the participation and signatures of witnesses;
an official of the Criminal Code or Housing Department, also with the participation of witnesses.

The closest neighbors are usually brought in as witnesses, who can confirm and state the fact of non-residence.

Certificate of non-admission to the site

“On May 18, 2020, the commission went to apartment 5 of residential building number 10 on the street. Pushkinskaya, where P.I. live Ivanov and V.A. Petrov to draw up an inspection report of the apartment for technical condition. However, access was denied. No one ever opened the door.”

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During the first month without contact with metering devices, the fee is calculated based on the average monthly consumption with an increasing factor of 1.5. After 3 months, all residents permanently or temporarily living in the premises are taken into account, and the increasing coefficient may increase to 10 and remain so until the resident makes contact.

Act structure

For the convenience of our users, we have developed and made available for download a standard template for a non-residence act. After downloading and printing, all you need to do is fill it out.

The structure of the act includes the following elements:

name of the act;
date, time and place of its preparation;
Full names and addresses of persons participating in the preparation of the act. If officials are involved, their position and place of work will need to be indicated;
the address at which the fact of non-residence is established;
Full name and registration information of the person who does not reside - when he was registered, on what basis;
statement of the fact of non-residence indicating the period. We remind you that the deadline is essential for filing a claim in court for deregistration or recognition as having lost the right to living space;
confirmation of the fact of non-residence - the neighbors have not seen for a long time or the neighbors know that the registered person has left, or there are no personal belongings of the absent person in the apartment (house), etc.;
signatures of all participants in the act.

An act is drawn up in the number of copies required.

HOA prescription sample

Hello! Does the chairman of the HOA have the right to issue an order to the owner of the apartment to replace heating pipes made of metal-plastic with iron ones, if the former were replaced by the owner at his own expense?

In the order, the chairman refers to the unauthorized replacement of pipes by the owner and a change in the design of heating pipes. The risers of the heating system are common house property. In this part, he has the right to issue orders or, more correctly, to file a complaint against you with the State Housing Supervision Authority and an administrative fine will be issued for unauthorized reconstruction of the heating system. Polypropylene pipes are one of the types of polymer pipes, as they are made by polymerizing propylene. According to “SP 60.13330.2012. Set of rules.

Heating, ventilation and air conditioning.

Updated edition of SNiP3" the use of polymer pipes in open heat supply systems is prohibited. In water heating systems with pipelines made of polymer materials, the coolant parameters (temperature, pressure) should not exceed 90 °C and 1.0 MPa, as well as the permissible values for the established class of operation of pipes and fittings according to GOST Riley operating pressure and temperature conditions specified in documentation from manufacturers.

Manufacturers of polypropylene pipes indicate in their technical specifications that the service life of these pipes is 50 years.

However, this service life is possible at a maximum water temperature of no more than 70 °C. At a coolant temperature of more than 70 °C, polypropylene quickly loses its characteristics and service life is reduced (at a maximum temperature of 95 °C, the service life of pipes is only 100 hours, at 90 °C - about 1 year).

Clause 6.3.3. the laying of pipelines from polymer pipes should be hidden: in the floor, baseboards, behind screens, in grooves, shafts and channels; Open installation is allowed in places where mechanical and thermal damage and direct exposure to ultraviolet radiation on the pipes are excluded. In all houses

Act on refusal to provide access to the common property of an apartment building for carrying out repair work to replace hot and cold water supply risers

4.88 Reviews::45495 Votes:24 Updated:12/05/2012 File type .doc (Microsoft Word 97) Document type: ___________________ “____”____________ 20__

We, the undersigned: ______________________________________________________________________________ (full name) ______________________________________________________________________ (full name) _______________________________________________________________________ (full name) have drawn up this act regarding the following: owner of the apartment.

No. ____ house No. ____ on the street. _____________ mountains

__________ ______________________________________________________________________ (FULL NAME.)

“___”___________ was notified of the date and time of repair work to replace hot and cold water supply risers.
warned of liability for failure to carry out repair work to replace hot and cold water supply risers and that for this reason the occurrence of emergency situations falls on the owner.
refused to provide access to the common property of apartment building No. ______ on the street. _____________ mountains ___________ for carrying out repair work to replace hot and cold water supply risers;
informed of the need to carry out this type of work on the common property of an apartment building;

This is what we sign:

___________________________________________________ (signature)
___________________________________________________ (signature)
___________________________________________________ (signature)

owner of the apartment No. ____ house No. _____ on the street. ______________ mountains ___________ ________________________________________________________________ (full name) refused to receive and sign the notification.

This is what we sign:

___________________________________________________
___________________________________________________ (signature)

Housing and communal services in Russia

…34. The consumer is obliged: ...e) to allow representatives of the contractor (including emergency services workers), representatives of state control and supervision bodies into the occupied residential or non-residential premises to inspect the technical and sanitary condition of the indoor equipment in advance agreed with the contractor in the manner specified in paragraph 85 of these Rules, time, but not more than once every 3 months, to check the elimination of deficiencies in the provision of public services and perform the necessary repair work - as necessary, and to eliminate accidents - at any time;

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b) the consumer is obliged, within 7 calendar days from the date of receipt of the specified notice, to inform the contractor in a way that allows determining the date of receipt of such a message by the contractor about the date(s) and time convenient for the consumer within the next 10 calendar days when the consumer can ensure the contractor’s admission to residential or non-residential premises occupied by him for inspection. If the consumer cannot ensure the contractor’s access to the residential premises he occupies due to temporary absence, then he is obliged to inform the contractor about other possible date(s) and time of admission for the inspection;

Access to common property: problems and their solutions

For your information.

The concept of the Bill was not to solve the problem of operator access to apartment buildings to provide access to the Internet and communication services to the detriment of the serviceability of the common property of apartment buildings, without concern for the safety of citizens and their property.

If the legal owner of the apartment denies the management company access to common property (risers) to conduct a routine inspection or eliminate an accident, then the management company has no other options than to file a lawsuit.

19 Oct 2020 hiurist 209

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