Apartment renovation: when the law allows noise in 2020
Everyone has heard the joke about the neighbor who has hammer drills instead of hands. I heard, laughed, reproached the neighbor who was disturbing the silence of the apartment building, until, finally, he himself was faced with the need to make repairs. And any repair work is not the case when everything can be done quietly, without unnecessary noise, dust and inconvenience for others.
- Night time. Carry out repairs at night, from 21:00 to 8:00 on weekdays, and from 22:00 to 10:00 on weekends and non-working holidays. Making noise at this time may well result in administrative penalties for you. In addition, the lack of normal rest that you will have to face will not affect you in a positive way.
- Daytime. From 13:00 to 15:00, repair work is prohibited on the following objects: any premises of apartment buildings, be it your apartment, a staircase or any other place, courtyards and any areas adjacent to the house, also fall under this rule. In addition, this article of the law also applies to various organizations (educational, medical, health resorts, etc.) that provide various types of services to citizens. This time can be spent on a lunch break, as well as a trip to the building materials store, which is required regularly during repairs.
- Weekend. Making repairs on weekends is strictly prohibited. Moreover, this applies not only to Saturday and Sunday, but also to public holidays, which also include weekends. Everything here is extremely simple and clear: the neighbors are not to blame for your repairs and deserve a rest. Therefore, to carry out repair work, you must either take a vacation or hire workers who will repair your apartment in your absence.
- Weekdays. At this time, a person has every right to carry out repairs from 9:00 to 19:00. In some regions, this time increases to 22:00, so this issue must be checked separately for a particular region, but by completing repair work at 19:00, you definitely can’t go wrong. At the same time, you should not forget about the second point: from one to three it is prohibited to make noise.
Is it possible to do repairs on a weekend?
Everyone who is in any way connected with construction must be aware of all the responsibilities. According to current laws, repair work can begin from 8.00 and end no later than 21.00. If you do not comply with this regime, consider that you are already breaking the law and may incur administrative liability for this.
One more example. 9th May. We watch a festive concert on TV. Everyone at work is tired, the long-awaited day off has finally arrived. You lay down on the sofa, and for a minute it even seemed like you were in heaven, but that was not the case. The neighbor was also happy about the day off, decided to carry out repairs and knock with a jackhammer right above your head. And no persuasion or requests have any effect on this person. He believes that he is right, and the rest simply does not interest him.
Is it possible to do renovations in an apartment on Saturday?
Unfortunately, relying on their own strength, many owners have the opportunity to carry out repair work at home only on weekends, thereby causing discomfort to neighbors who are counting on Saturday-Sunday to get a good night's sleep and relax with their family.
- For a violation committed by an individual, a fine of up to 2,000 rubles. When an offense is first detected, a warning may be issued;
- Officials of the organization are fined up to 8,000 rubles;
- Legal entities carrying out repair work at the wrong time may receive a fine of 40,000 to 80,000 rubles, depending on the number of previous similar violations;
- For very noisy work at night, the punishment can range from 40,000 for the managers of the contractor company, and the organization itself can lose as much as 300,000 rubles.
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Writing dissertations and term papers
This is another type of organizing a business in an apartment. You can find orders for writing dissertations and term papers on specialized resources and freelance exchanges. The cost of such an offer starts from several thousand rubles.
The principle of generating income in this case is the same as in copywriting. A person needs to find an order, and then offer his services. But before you start something like this, you need to make a list of those topics that you are familiar with and with which you can work.
Anyone who knows English is recommended to register on foreign sites. Here you can find work for which the rates will be much higher. Clients often advertise a good author to their friends. This provides him with constant work.
In addition to texts and coursework, there are a huge number of other areas that will allow you to earn money by organizing a business in your apartment. For example, there are many offers in the field of programming and design, development of websites and applications, Internet marketing, etc. In other words, there are quite a lot of business ideas for remote work from home. Moreover, the average level of earnings here is much higher than that of those people who write texts. However, special training will be required to perform such work. But having the ability and desire, you can master any Internet profession within a fairly short period (up to several months).
What time is it allowed to make repairs in the apartment and is it possible to make “noise” on weekends?
Unfortunately, there is no such law that would regulate the level of permissible noise and the time frame for repair work. Different laws, norms and requirements apply to different regions of the Russian Federation, and in some cases they contradict each other.
- Carrying out repairs on weekends (Saturday and Sunday) and holidays (non-working days) from 22:00 to 10:00 am
. - Carrying out work on weekdays (Monday-Friday) from 21:00 to 8:00
. - It is not allowed to carry out work from 13.00 to 15.00 hours
daily in relation to protected objects. - Use tools and equipment whose noise level exceeds generally accepted standards.
- Carry out work that threatens to cause damage to neighboring premises, as well as pollute public areas with construction waste.
Repair on weekends
- Witness a violation of the law and your personal rights with the help of representatives of certain authorities and organizations;
- Next, you should check the availability of documents from the developers that would give them the right to begin and carry out repairs not only on weekends, but generally on a regular day. Often you will be faced with a situation where they are not there, and then you can use this as leverage over them;
- Collect as much evidence and witness statements as possible. And this is done so that when you go to court, you can argue your claim;
- File a complaint with the relevant inspectorates and it is best if you write a collective appeal about illegal noise work, which will be signed by all residents of the house who are disturbed by the noise;
- Don’t be afraid to call the police, who will not only be able to record the fact of an offense, but will also create pressure on builders who are unlikely to need such problems. And this needs to be done as often as possible;
- Go to court, although this is the last decision, you still shouldn’t forget about it.
Acceptable noise level
Once you file a complaint, local authorities are required to issue a warning to the offender and have him fix the problem. If this does not happen, then the authorities have the right not only to evict those who violate law and order, but also to sell their housing or re-privatize it. And the money from the sale can be distributed among the victims as compensation.
Answers to the 5 most frequently asked questions about renting a home
For some reason, many homeowners are horrified by the mere thought that the person to whom they rent an apartment can be registered in it. As a rule, this is due to the fact that people confuse registration, registration and ownership. Relatively recently, the term “registration” was completely abolished and replaced with “permanent registration”. Now there are two types of registrations - but there is twice as much confusion.
I found out that I was discharged from the apartment in absentia. What to do?
Registered a foreigner in the apartment for 3 years. Will there be problems upon discharge?
So, permanent registration (in the old way - propiska) is registration at the place of permanent residence, which is confirmed by the corresponding mark (stamp) in the passport. Temporary registration is a document that is required if a person lives for more than 90 days outside his place of permanent residence. Moreover, we are not necessarily talking about long distances.
You can have permanent registration in one area of the city, and rent an apartment in another, and this is also a reason to make temporary registration at your place of residence. It does not require any special marks in the passport - it is just a certificate. You can register temporarily not only in an apartment, but also in a hotel, campsite, hospital, or sanatorium.
No one will suspect you of registering at a hotel in order to own the room after a while, right? The same goes for rental housing.
No one prohibits having both permanent and temporary registration at the same time. These are two different types of accounting that do not contradict each other.
Separately, it must be said about the right of ownership: neither permanent nor (even more so!) temporary registration has anything to do with the right of ownership . A person may have permanent registration in an apartment (room, house, etc.), but not be the owner of this property. The only nuance is issues of real estate transactions.
If the owner wants to sell it, then people with permanent registration will have to register at a different address. With temporary registration, everything is even simpler here: not only does it not give any property rights, but it can be canceled by the owner unilaterally: the presence of the registered person is not required.
Perhaps if you tell the landlord all these nuances, he will meet you halfway.
Do residents with temporary registration have to pay for utilities?
Apartment rental agreement
Does temporary registration affect utility bills?
Yes, the number of people registered in the apartment (permanently or temporarily) affects the amount of rent. If you are registered there, it means you live there. If so, they must pay for utilities. If you offer the apartment owner to compensate this amount, this will save him from overpaying.
But if the apartment has meters for water, electricity, heat meters, then payments for these items will not increase. You pay as much as you actually spent. If there are no metering devices, then the calculation is made according to established standards, based on the number of registered people (and this, as a rule, is more expensive).
Is it possible to renovate an apartment on Saturday?
Other work is not considered redevelopment or refurbishment , which means: insulating or sheathing walls in apartments and loggias, installing suspended ceilings, changing floor coverings, plumbing fixtures, doors in rooms, etc. can be done on Saturday, Sunday, and on holidays, but on the condition that the Rules for the Use of Residential Premises ** are observed, stating that in the period from 23 to 7 o’clock no actions should be taken that create vibration and noise (including performing household (repair) work, carrying out manual loading and unloading work , sudden closing of doors, etc. actions).
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Permissible and maximum sound levels in residential premises of a residential building must comply with Sanitary Standards (clause 37 of the Sanitary Standards, approved by Resolution of the Ministry of Health dated August 20, 2015 N 95). In this case, the permissible noise level is a noise level that does not cause significant concern in humans and does not cause significant changes in the indicators of the functional state of systems and analyzers that are sensitive to noise (paragraph 2, part 1, clause 4 of the Sanitary norms, rules and hygienic standards approved by the resolution Ministry of Health dated November 16, 2011 N 115).
Is it possible to deprive the owner of a share in an apartment?
It often happens that housing (rooms, apartments, houses) has several owners.
They are not always relatives or just pleasant people. Often the right to shares is obtained by inheritance, during the division of property of spouses, under a gift agreement.
“What should we do with this share??? - you ask, - what to do??? It is impossible to take advantage of it - they are not allowed to live; It’s impossible to sell - no one wants to buy, buy out their shares from other owners - so they don’t want to sell them.
But there is more than one way out, for example compensation, although it is not easy to resolve such a dispute, even in court.
So, the first case in which a military conflict practically broke out in a small living space.
Pensioner Zinaida has lived in the one-room apartment since 2006. She was diagnosed with a mental illness that makes it impossible to live with anyone. After her father's death, her half-brother sold his share to strangers. And so in 2020, the new owner Olga filed a lawsuit in which she asked to determine the procedure for using the apartment and paying for utilities in proportion to the shares. Olga pointed out that the apartment has two owners, but only Zinaida lives there.
The first instance rejected the claim. After all, the plaintiff did not provide evidence that she was being prevented from using the apartment.
The appeal turned out to be of a different opinion (ruling of the Moscow Regional Court No. 33-17020/2018), which ordered Zinaida to pay Olga 11,500 rubles monthly. for the use of someone else’s share and “utilities” according to the meters.
The judges calculated this amount of “rent” based on the expert opinion.
The defendant did not agree with this decision and appealed to the Supreme Court, pointing out that her monthly pension was only 12,700 rubles.
The Supreme Court panel concluded that the appeal incorrectly determined the amount of compensation because it did not take into account important circumstances of the case.
When buying a share, Olga should have foreseen that she would not be able to live in a one-room apartment. She knew that the second owner lives there permanently and suffers from a disease that prevents her from living with her. “The disputed apartment, due to its technical purpose, is not intended for the residence of several families that are not related to each other,” the Supreme Court noted. The appeal took the average market rental price for similar one-room apartments, but the study included vacant properties.
Meanwhile, a pensioner lives in the disputed apartment, who owns half of the housing, and the other half is really impossible to use, according to the decision of the Supreme Court No. 4-KG19-5.
With these conclusions, the case was sent for review on appeal.
Well, thereby the Supreme Court confirmed that it is necessary to transfer “rent”, and determined the following conditions for this:
— a dispute between a resident owner and a non-resident owner;
— determination of the amount of the fee, taking into account all actual circumstances (it is set per share).
In addition to compensation, the non-residing co-owner may demand in his claim that he be moved into the residential premises and not create obstacles - the choice of the method of protecting the right is always up to the person whose rights have been violated.
Now let’s look at the situation from the perspective of the owner living in the disputed housing. Are there ways for him not to pay compensation?
I guess, yes. He can try to free himself from paying compensation by ensuring that the co-owner’s share is recognized as insignificant and forced to sell it. The main criterion in such disputes is not the actual size of the share, but the impossibility of providing a separate room commensurate with the owner’s share.
The Supreme Court recognized even a share of 1/3 as insignificant (case No. 78-KG16-36).
Sometimes the only obstacle to becoming a full and happy owner of an apartment is some distant relative who received a small share of housing as a gift or by will. Most often, such co-owners do not pretend to settle in the disputed living space, and are even ready to sell their part of the apartment, usually at an inflated price.
Controversial relations between co-owners of apartments are regulated by Art. 252 of the Civil Code (division of property in shared ownership). From the meaning of this norm it follows that participants in shared ownership can divide it in two ways: by agreement on the method and conditions of dividing the common property (allocating the share of one of them) or, if such an agreement is not reached, “divide” through the court.
If the allocation of the share of one of the owners in kind is not permitted by law or is impossible without disproportionate damage to the common property, he has the right to payment of the value of his share by other participants in shared ownership or to receive other compensation. Moreover, such payment is allowed only with the consent of the owner who is losing his property, with rare exceptions.
But can a forced redemption of a co-owner’s share be carried out when it is insignificant?
The Constitutional Court of the Russian Federation has repeatedly indicated that the law does not provide for the possibility of one participant in common property filing a claim to deprive another participant of the right to a share with payment of compensation to him, even if this participant does not have a significant interest in the use of common property and his share is insignificant, since this violates the provisions of the Constitution on the inviolability of property.
At the same time, paragraph 4 of Art. 252 of the Civil Code makes it possible to forcibly deprive a participant of the common property of his share, with payment of its value or other compensation. The legislator, in formulating this rule, proceeded from the exclusivity of such cases, their admissibility only under specific circumstances and only to the extent necessary to restore the violated rights and legitimate interests of other owners.
So, attention, friends, the court can, without the consent of the owner of the share, oblige the remaining owners to pay him compensation when:
- the share of living space is insignificant,
- cannot really be distinguished,
- the owner does not have a significant interest in the use of the common property.
It was this norm that the Supreme Court applied in two cases when the owners were unable to agree on the division of property on their own, and the lower courts did not help with this either.
So, two more cases where the ransom did not take place. “You can’t buy it back, you can’t leave it,” the courts of the first instance decided.
The head of the Ivanov family owned 4/9 shares in a 3-room apartment, his wife owned 1/3 of the apartment, and his daughter owned 1/9. The remaining share (1/9) was inherited from the mother by the Ivanovs’ relative, Ekaterina Petrova.
She never lived in the disputed apartment, did not try to move in, did not pay for utilities, and even invited her relatives to buy out her share for 373,500 rubles, warning that if she refused, she would be forced to demand the same in court.
The Ivanovs estimated the market value of 1/9 of the apartment at 187,000 rubles, and when Petrova refused to sell her part of the housing for this amount, they themselves turned to the Leninsky District Court of Cheboksary (case No. 2-2651/2015).
The family demanded that the same 187,000 rubles be recovered from them in favor of a relative, that her right of ownership to a share of the living space be terminated, and that each of them be recognized as the owner of 1/27 of the apartment. They motivated this by the fact that it was impossible to allocate Petrova’s share in kind, none of the rooms coincided in size with the square meters that belonged to her, and she refused to receive compensation.
The court rejected the claim, relying precisely on the fact that the defendant objects to the plaintiffs’ payment of the cost of her part of the apartment in the declared amount (187,000 rubles). According to the court, there were no grounds for recognizing Petrova’s share as insignificant, and the Ivanovs’ statement about the impossibility of all co-owners living in the disputed apartment “is of a formal nature and is aimed at realizing the defendant’s share against her will, which is unacceptable by law.” The appeal agreed with this position (Case No. 33-3505/2015).
Two residents of Sochi also could not share a one-room apartment. Mikhail, who owned 4/12 shares in the one-room apartment, appealed to the Central District Court of Sochi to forcefully buy 1/12 of the housing from Daria, which she received under a gift agreement from him (case No. 2-4061/2015).
As the plaintiff said, in order to register his brother’s family in his apartment, he had to give a relative, his wife and granddaughter 1/12 of a share of the third of the apartment that belonged to him.
It was assumed that later they would return the gift, but that was not the case. It took four years to convince the brother and his wife to return 2/12 shares, and the great-niece demanded 100,000 rubles for her part of the apartment.
The remaining co-owners waived their right to buy out this share, and Mikhail was not ready to pay more than 40,000 rubles, which he demanded to recover from him in favor of a relative.
The court rejected the claim because the parties did not reach an agreement on the amount of compensation, and the forced termination of the right of shared ownership, even if the owner’s share is insignificant, contradicts paragraph 2 of Art. 252 Civil Code. The appeal upheld this decision (case no. 33-29214/2015).
But in these cases, the Supreme Court considered that forced redemption was possible and sent both cases for re-examination on appeal.
In these cases, according to the Supreme Court, it is possible to apply clause 4 of Art. 252 Civil Code.
According to the Ivanovs’ claim (No. 31-КГ16-3), the appeal did not examine several fundamentally important issues. Namely: can Petrova live in an apartment without violating the rights of the owners who have a large share of the housing; is it possible to provide her with an isolated room and does the defendant have an interest in using this property.
In addition, the Supreme Court of Chuvashia did not find out how much a 1/9 share of the disputed apartment actually costs and whether the defendant’s objections regarding the amount of compensation offered to her by the plaintiffs are fair.
The question of whether the Ivanovs could pay their relative the same 187,000 rubles was also not resolved, for which it was necessary to invite the plaintiffs to deposit these funds into a deposit account as security for their claims and confirmation of their intention to fulfill the obligation to buy out the share.
In the case of Mikhail (case No. 18-КГ16-65), the Supreme Court did not take into account the reference of the lower courts to the absence of an agreement between the parties on the value of the redeemed share, “since in the event of a dispute about the value of the share, it is determined by the court.” In addition, the appeal did not examine the report on the assessment of the market value of the disputed apartment, prepared by specialists from the BTI of the Krasnodar Territory.
Conclusions:
The courts must find out whether all owners can live in the apartment without violating their rights, whether it is possible for everyone to be provided with a separate room within their share and whether they need it. If any of the parties has objections regarding the market value of his share in the apartment and disagrees with the value proposed by the other party, then this should become the subject of judicial review. The court should also examine the question of the possibility of the plaintiffs actually paying the defendant money.
All courts are unanimous in their opinion that if a co-owner with a small share demands that other co-owners buy it out, then such a demand must be satisfied.
The Supreme Court takes the position that co-owners have the right to demand the redemption of an insignificant share of another co-owner, even if he has no intention of alienating his share.
Friends!!! Despite all the complexity of judicial and law enforcement practice, resolving the issue of a problematic share in court is a completely realistic task.
This is why our website Vladey works easily. ru, where you can ask all the questions that concern you both on the topic of today’s video and on other pressing life situations.
And our viewers and subscribers have this opportunity right now, in the comments under this video.
Is it possible to do renovations in an apartment on Saturdays in Nizhny Novgorod
Thus, we can conclude that your situation is ambiguous. So, if your repair is related to construction or redevelopment, then this cannot be done on weekends. If this is just some other kind of work, then the ban on silence on weekends does not apply in this case - you just need not exceed the maximum permissible noise levels.
1. Carrying out repair, construction, loading and unloading work in populated areas, in residential buildings, accompanied by increased noise and disturbing the peace and quiet of citizens from 10 p.m. to 7 a.m. , with the exception of emergency and other work necessary to ensure the safety of citizens or the functioning of facilities life support of the population, if these violations do not fall under Article 20.1 of the Code of the Russian Federation on Administrative Offences, shall entail a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from five hundred to one thousand rubles; for legal entities - from one thousand to three thousand rubles.
When is living outside your place of permanent residence an administrative offense?
Is it possible to live outside of your permanent place of residence?
Yes, you can without any restrictions. Federal Law No. 5242-1 of June 25, 1993 “On the right of citizens to freedom of movement...” gives a citizen the right to freely move around the country and live where he likes without limiting the period of residence. Registration in Russia is of a notification nature and is necessary for a citizen only to exercise his civil rights (for example, participating in elections, registering for improved housing conditions, receiving medical care, receiving correspondence (lawsuits, fines, notices, letters, etc.) ).
Then why the fine, you say, if this is the legal right of a citizen?
The fact is that current legislation has introduced the obligation of citizens to register at their place of residence and place of permanent residence. This obligation is enshrined in the Rules approved by Government Decree No. 713 of July 17, 1995. According to the Rules, if a citizen has changed his place of residence, then within 7 days from the date of deregistration at the “old” place of residence he must register (register ) at the territorial office of the Main Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation and register at a new address.
In other words, if you bought an apartment and registered at the “old” place of residence, then within 7 days you need to submit an application for registration at the new place of residence, that is, register in the new apartment.
The situation is similar with temporary residence.
If a citizen arrives to live in another area for a period of more than 90 days, before the expiration of this period he is obliged to register at the place of stay in the prescribed manner. This applies to cases when a citizen, for example, decides to live with relatives in another city for more than 3 months, or in the same city, but at a different address, or lives in rented housing, but has permanent registration in another place. In all these cases, the citizen is obliged to take measures to register at the place of residence, in other words, to obtain a temporary residence permit.
Violation of registration deadlines is an administrative offense with a fine of 2,000 to 5,000 rubles. (Article 19.15.2 of the Administrative Code). Moreover, administrative responsibility is borne not only by citizens who moved into a new apartment (registration at the place of residence), but also by the owners of premises who allowed a citizen into their living space, but did not register him at the place of stay within the established time frame (Clause 3 of Article 19.15.2 of the Code of Administrative Offenses ).
For example, a citizen lives in another city and rents housing
. Then, according to the law, the lease agreement must stipulate not only the conditions for using the apartment, but also the period for registration of the citizen-tenant at the place of stay (temporary registration). Failure to comply with this condition on the part of the apartment owner (landlord) entails an administrative fine of up to 3,000 rubles, as well as troubles from the tax and migration authorities.
When can renovations be done in an apartment building?
Legal aspects of carrying out repair activities have today become a headache not only for many residents of apartment buildings, but also for the craftsmen themselves. However, we must not forget that such a structure is a public facility where many people live. Therefore, all owners of apartments in this building must be mutually polite and carry out repairs in the apartment according to the law.
Why I started with the good option, because you need to come and ask, and not demand! Often the good path is shorter. Personally, I was surprised when, while doing renovations in my apartment in 2006, I saw on the doorstep a neighbor who was two meters tall and weighed about 120, smiled and offered to relax and drink tea with buns. He asked and we agreed. Although, given his size, he could have acted differently, but I, too, am not a hand-made 180 and 100 kg wrestler. How it would all end - I don't know. And for Natalya: well, he paid the fine, so what: neighborly relations are ruined, but the repairs continue. I forced my neighbors to move out (out of spite) and other neighbors tolerated the specially purchased acoustics, because they also dreamed of getting rid of them.
We recommend reading: Law on Silence in an Apartment Building in Tatarstan
Tips for Beginners
What kind of business in an apartment can be considered legal? To answer this question, you will need to refer to the norms of the current legislation. In his apartment, and it does not matter at all whether it is his own or rented, only an individual entrepreneur can engage in activities to generate income. In this case, you will need a certificate of registration of individual entrepreneurs. There is no need to transfer the apartment from residential to non-residential. All you need is confirmation of its legal possession, that is, a document that will indicate the right to property or lease.
In Art. 17 of the Housing Code of the Russian Federation there are restrictions on the use of residential space for business activities. For example, it is prohibited to place industrial production in a house. In addition, if the apartment is used for business, then it is necessary that sanitary and fire safety standards be met. When engaging in one or another profitable business, you should also remember about the other residents of the house. Their rights must also be respected.
What kind of business to organize in an apartment? As a rule, various services can be provided within the walls of one’s home or a handicraft industry can be opened. Which direction will be chosen? This directly depends on the knowledge and skills of the person. But in any case, he must have imagination and enthusiasm, as well as a burning desire to earn income without leaving home. In this case, he will definitely succeed.
How much noise can you make during repairs?
- Compromise - carried out through negotiations between two interested parties;
- Negotiations involving a third party, most often a district police officer. Residents of the house have the right to draw up a collective letter against negligent neighbors outlining specific facts. The district police officer is obliged to accept the complaint and respond to it by talking with the defendant and explaining to him the time periods established by law during which it is allowed to make noise while making repairs in his own apartment.
- If neither the first nor the second option helps, then you should move on to extreme measures. The applicant’s side, in this case the residents of the house, file another complaint addressed to the district police officer. When accepting a secondary application, the police officer will have to fine the violators, and subsequently bring them to administrative responsibility.
If your neighbors do not violate the time frame when carrying out construction work, you should not be angry with them, because they have the right to do so. Every person has the right to write a complaint, but you need to remember that they are all checked and instead of harming your neighbor, you can harm yourself.
Procedure for temporarily registering a relative in an apartment
How to temporarily register a relative in an apartment and what steps you need to take to do this:
- Collect a package of documents and fill out an application in Form 6. The application must be completed by both the owner of the property and the person wishing to obtain registration.
- If the apartment is in shared or joint ownership, it is necessary to ensure the presence of all owners during the procedure. If one of them is not able to personally take part in the submission of papers, he can prepare a power of attorney, transferring his powers to another person.
- When submitting documents, an authorized employee of the relevant service checks the compliance of copies of documents with the originals and returns the originals to the applicant.
- During a period that does not exceed 7 days, the documents submitted for registration are verified.
If a positive decision is made, the person is issued a certificate of temporary registration.
Silence law from January 1, 2020
Violation of silence is an encroachment on the tranquility protected by norms and a strict violation of sanitary standards, the compliance of which is monitored by Rospotrebnadzor. Employees of the executive authority have at their disposal devices - sound level meters, which measure the pressure of the sound wave and register this indicator in order to identify the fact of a violation.
It is a pity that this law does not help if the windows are located towards the roadway. Uninterrupted public transport movement is more paramount than the peace of Russians. The law also does not apply to the need to carry out rescue and emergency measures.
Is it possible to do repairs on weekends: make noise and drill?
- authorities visit people who have asked for help with a sound level meter at a time when work is prohibited;
- measure the noise level;
- enter data and results into protocols;
- visit the offender’s apartment;
- measure the noise level during slotting and drilling walls;
- The results obtained are recorded in acts.
- Noisy work should not be performed on weekends or holidays.
- On weekdays you can start knocking and rattling at 9 am and end at 7 pm.
- It is allowed to use a rotary hammer with power adjustment to prevent noise levels from exceeding the norm.
- Apartment renovation can last no more than 5 months; if longer, special permission must be taken.
Is it possible to renovate an apartment in the Moscow region on Saturday?
Are the rules the same? Even though the rules and laws that relate to repairs and construction work on weekends or regular ones differ in all regions, there are still general provisions about how much noise can be made and walls treated.
This includes noisy construction work. For example, in Moscow, repair work is prohibited from 19:00 to 9:00, as well as from 13:00 to 15:00 on weekdays. And on Saturday, Sunday and other non-working days, you should not make any noise at all with construction equipment. The only exceptions are new buildings that are no more than 1.5 years old.
26 Jan 2020 etolaw 754
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Is it possible to “register” in a rented apartment without the knowledge of the owners?
Apartment owners have already been so intimidated by the possible “side” consequences of recent innovations that make it possible to register at a place of temporary residence via the Internet that some are now afraid to let residents in the door. How can they register themselves without anyone’s knowledge and even register a whole village of relatives? Non-Muscovites, in turn, are often perplexed: what, in fact, has changed radically?
The head of the Department for organizing passport work and population registration of the Federal Migration Service of Russia, Mikhail UTYATSKY, .
SENT THE DOCUMENTS? COME AND SIGN ANYWAY
I’ve been renting an apartment in Moscow for six years now and still can’t persuade the owners to give me temporary registration. I recently heard that you can now register yourself via the Internet. Is it true that the owner’s consent is not needed for this?
Larisa.
“The updated registration rules really allow citizens to simplify the technical side of registering using a single portal of government services on the Internet,” confirms Mikhail Utyatsky. - But there are several nuances.
1. In any case, the tenant cannot obtain registration without the consent of the apartment owner. Because the list of required documents includes an application from the landlord to move in a temporary tenant or an agreement on the provision of living space to the tenant.
2. The main convenience is that scanned copies of documents can be sent over the Internet without getting up from your chair.
3. You will still have to personally visit the FMS department once. The fact is that the registration application, as well as the tenant’s consent to move in or the agreement (see above), must contain the personal signature of the citizen. On the Internet, its analogue is an electronic digital signature (EDS), but today such progress is not available to ordinary Russians. Therefore, having previously sent documents via the Internet, you need to go to the FMS employees to sign and at the same time receive a certificate of temporary registration.
By the way, the FMS departments are already developing a practice where “Internet users” go through a special, faster queue.
WHAT CHANCES DO FRAUDERS HAVE?
Do I, as the owner of an apartment, have any guarantees that one fine day crowds of guests from the CIS or neighboring regions will not be registered in my living space without my knowledge or desire?!
Marina, Moscow region.
“Firstly, if someone submits documents, including via the Internet, to register your living space, we will definitely notify you in writing as the owner,” says Mikhail Utyatsky. According to the rules, such a notice is sent by mail to the permanent registration address of the apartment owner, and now employees of the FMS departments also personally call the owners.
Secondly, as already noted, the temporary tenant in any case must present a statement of consent to move in or an agreement with the certified signature of the owner of the living space.
And KP reader Sergei from Moscow is interested: “I would like, through the passport office, to impose a ban on any registration in my apartment without my personal appearance. Can I write such a statement?”
- No, the rules do not provide for this. But I’m sure that Sergei has no reason to bother writing statements,” says the FMS expert. — Until now, we have not received a single complaint or request to cancel temporary registration from apartment owners.
MAKE YOUR OWNER'S LIFE SIMPLER
My landlady doesn’t seem to mind doing temporary registration, but everything is being delayed due to the fact that she doesn’t have time to go with me to the FMS. Will the Internet help me?
Igor.
“The personal appearance of the apartment owner (or the owner of municipal housing) at the Federal Migration Service for registration is now optional for a temporary resident,” explains Mikhail Utyatsky.
The alternative is this: the owner’s signature in the application for occupancy or in the agreement on the provision of living space is certified by a notary or by a housing maintenance organization - DEZ or another management company. The employer sends an electronic copy of such a document via the Internet, and then presents the original to the FMS department when he comes to put his personal signature on the registration application.
STAY IN TOUCH
Soon you will need even fewer documents
In the future, the FMS will be able to receive part of the documents required for registration from other departments. Rosreestr, for example, will provide information about the owner of the property, and the citizen will not need to present a certificate of registration of property rights.
And when we have the opportunity to use an electronic digital signature, we will be able to avoid appearing at many authorities altogether. According to experts, such a signature may become available to citizens in the next year or two (its cost, according to some sources, at first will be about 500 - 600 rubles).
You can learn about all legal innovations in the program “I am a consumer!” every Tuesday and Thursday at 14.30 97.2FM You can learn about all legal innovations in the program “I am a consumer!” every Tuesday and Thursday at 14.30 97.2FM
Have you encountered problems due to simplification of registration rules? Have you encountered problems due to simplification of registration rules?