Responsibility of the parties under a social tenancy agreement
Responsibility of the landlord of residential premises under a social tenancy agreement. According to Art. 66 of the Housing Code of the Russian Federation, a landlord of residential premises under a social tenancy agreement who does not fulfill the duties provided for by the housing legislation and the social tenancy agreement of residential premises bears responsibility as provided by law.
The basis for the landlord's liability under a social tenancy agreement is his failure to fulfill the legal obligations provided for him by housing legislation or a social tenancy agreement. Liability can only arise if the relevant act (action or inaction) contains elements of an offense.
The Code of Administrative Offenses of the Russian Federation provides for administrative liability for violation of the rules for the maintenance and repair of residential buildings and (or) residential premises. According to Art. 7.22 of the Code of Administrative Offenses of the Russian Federation, violation by persons responsible for the maintenance of residential buildings and (or) residential premises, the rules for the maintenance and repair of residential buildings and (or) residential premises, or the procedure and rules for declaring them unsuitable for permanent residence and transferring them to non-residential premises, as well as the conversion of residential premises houses and (or) residential premises without the consent of the tenant (owner), if the re-equipment significantly changes the conditions of use of the residential house and (or) residential premises, entails the imposition of an administrative fine on officials in the amount of 40 to 50 times the minimum wage; for legal entities - from 400 to 500 times the minimum wage.
The subjects of the offense in question are officials and other persons and legal entities (including those entrusted with the functions of managing the housing stock) responsible for the maintenance of residential buildings and (or) residential premises.
The subjective side consists of illegal actions (inaction), expressed in violation of: rules for the maintenance of residential buildings and (or) residential premises; rules for their repair; rules for recognizing these objects as unsuitable for permanent residence and transferring them to non-residential premises. The subjective side can also be expressed in such an illegal action as the refurbishment of residential buildings and (or) residential premises without the consent of the tenant (owner), if the refurbishment significantly changes the conditions of use of the residential building and (or) residential premises.
From the subjective side, violations of the rules for the maintenance and repair of residential buildings and (or) residential premises can be committed both intentionally and through negligence, and the re-equipment of these objects without the consent of the tenant (owner) - only intentionally.
Civil measures may be applied in the event of failure or improper fulfillment by the landlord of a residential premises under a social tenancy agreement of obligations to timely carry out major repairs of the rented residential premises, common property in an apartment building and devices located in the residential premises and intended for the provision of utilities. In this case, according to Part 2 of Art. 66 of the Housing Code of the Russian Federation, the tenant, at his choice, has the right to demand from the landlord:
- reducing fees for the use of occupied residential premises, common property in an apartment building;
- or reimbursement of their expenses for eliminating deficiencies in residential premises and (or) common property in an apartment building;
- or compensation for losses caused by improper performance or failure to fulfill the specified obligations of the lessor.
Responsibility of the tenant of residential premises under a social tenancy agreement (Article 68 of the Housing Code of the Russian Federation). A tenant of a residential premises under a social tenancy agreement who fails to fulfill the duties provided for by the housing legislation and the social tenancy agreement of residential premises bears responsibility as provided by law. In particular, we are talking about the termination of a social tenancy agreement (Article 83 of the Housing Code of the Russian Federation) and, as a consequence, eviction without the provision of another living space.
Eviction from residential premises occupied under a social tenancy agreement without the provision of other residential premises. Current legislation provides for eviction without the provision of other residential premises, either as a sanction (liability) for improper performance of housing duties and other guilty behavior of the tenant (members of his family), or in order to provide the landlord with the opportunity to use the premises for a special purpose.
Article 91 of the Housing Code of the Russian Federation establishes the procedure for eviction of a tenant and (or) members of his family living with him from a residential premises without providing another residential premises. This provides for a warning mechanism before the start of the eviction procedure.
If the tenant and (or) members of his family living with him use the residential premises for other purposes, systematically violate the rights and legitimate interests of neighbors or mismanage the residential premises, allowing it to be destroyed, the landlord is obliged to warn the tenant and members of his family about the need to eliminate the violations . If these violations entail the destruction of the residential premises, the landlord also has the right to assign the tenant and his family members a reasonable period to eliminate these violations. If the tenant of the residential premises and (or) members of his family living with him, after warning the landlord, do not eliminate these violations, the guilty citizens, at the request of the landlord or other interested parties, are evicted in court without providing another residential premises.
Without the provision of other residential premises, citizens deprived of parental rights may be evicted from their residential premises if the cohabitation of these citizens with children in respect of whom they are deprived of parental rights is recognized by the court as impossible.
The ability to carry out eviction is achieved only if preventive measures and public influence are ineffective. The application of such a sanction as eviction without the provision of other housing for these actions is possible if it is proven that they were systematic, i.e. repeated repeatedly, and were also guilty, i.e. were committed intentionally or due to gross negligence. In addition, it must be established that preventive measures and social influence were taken against violators of the rental agreement, legal and moral norms, which were unsuccessful.
Responsibility of the tenant's family members. Family members of the tenant of a residential premises under a social tenancy agreement have equal rights and obligations with the tenant. Capable family members of the tenant of a residential premises under a social tenancy agreement are jointly and severally liable with the tenant for the obligations arising from the social tenancy agreement (Part 2 of Article 69 of the Housing Code of the Russian Federation). Citizens who have reached the age of 18 or were married before this age, as well as minors over the age of 16 who have undergone the emancipation procedure (Article 27 of the Civil Code of the Russian Federation) are fully capable.
In case of joint liability of debtors (for example, the tenant and each of the capable members of his family living together with the tenant in the premises provided to him), the creditor has the right to demand performance both from all debtors jointly and from any of them separately, both in full and in terms of debt. A creditor who has not received full satisfaction from one of the joint and several debtors has the right to demand what was not received from the remaining such debtors. Joint and several debtors remain obligated until the obligation is fulfilled in full (Article 323 of the Civil Code of the Russian Federation).
In accordance with Art. 325 of the Civil Code of the Russian Federation, the fulfillment of a joint and several obligation in full by one of the debtors releases the remaining debtors from fulfillment by the creditor. Unless otherwise follows from the relations between joint and several debtors, then: a) the debtor who has fulfilled a joint and several obligation has the right of recourse against the remaining debtors in equal shares, minus the share falling on himself; b) what is not paid by one of the joint and several debtors to the debtor who has fulfilled the joint and several obligation falls in equal shares on this debtor and on the other debtors.
Responsibilities of a residential tenant
Advice from lawyers:
1. In a residential rental agreement between individuals. persons are required to pay utility bills. Now the management company has filed a lawsuit against the owner for debts, is it possible to shift the responsibility to the tenant?
1.1. It is possible if the debt arose after the conclusion of the contract.
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2. According to the Civil Code, when renting a residential premises, the obligation to carry out major repairs lies with the lessor, while the tenant, in the meantime, is obliged to carry out routine repairs. What about damage caused by third parties, such as fire, flooding? Who is obliged to carry out repairs in this case and can the landlord recover damages from the tenant? How is this clause stated in the rental agreement, by agreement of the parties or is there a legislative provision?
2.1. Victoria, hello! As a general rule, the risk of harm from third parties or natural disasters lies with the owner of the property. However, under the contract, these risks can be transferred to the employer, either in whole or in part. I can draw up a rental agreement for you. For questions about cooperation, write to me in private messages!
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3. I rent a room. From the owner. But the hostess did not warn me about the payment on the receipt for the room. And he takes all the fees. And not only for utilities. Services. But also for the maintenance and rental of living quarters + capital contribution. repair). I PERSONALLY THINK. THAT THIS PART OF THE RECEIPT IS WRITTEN. she must pay. as an owner.!. tell me what is correct. Because legally it is not my responsibility. As an employer?
3.1. Your relationship is governed by the Agreement; as agreed or agreed upon, so it will be. Explain that you are not happy with this.
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4. If before family members moved into the residential premises (municipal apartment), the tenant had a debt, do the family members also participate in the obligation to pay this debt?
4.1. Good evening! Before family members move in, utilities must be paid by the tenant. However, upon moving in, everyone has equal rights and responsibilities and can collect from everyone registered in the residential premises.
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4.2. Hello, no, these persons are responsible only after they register the premises. Good luck and all the best to you.
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4.3. ☼ Hello, If these are utility debts, then they must be paid by all citizens registered in the apartment. I wish you good luck and all the best!
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4.4. The tenant and the members of the seven tenants registered at this address have equal rights and obligations, respectively, to pay utility bills too.
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5. Please explain the procedure, conditions and legal consequences of housing privatization in accordance with current legislation. The feasibility of privatization, taking into account the fact that I live in a separate two-room apartment with my adult son. Differences in the rights and obligations of the owner of a residential premises and the tenant under a social tenancy agreement.
5.1. After privatization, you and your son will become owners, which means you can sell this apartment if necessary. You will only need to pay utilities, we don’t have to pay for it. But you will also be responsible for everything, as the owner of the apartment.
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6. I moved to the second year of study. I live in a hostel with a child. I'm getting married in 2 weeks. Does my husband have the right to live with me? According to Art. 69 of the Housing Code of the Russian Federation, he has every right: Family members of the tenant of a residential premises under a social tenancy agreement have equal rights and obligations with the tenant. How can I defend my rights if, after all, my husband (not a student) has the right to live with me?
6.1. You need to look at the rules of the hostel.
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7. Does the landlord have the right to withhold a cash deposit as a fine if the tenant wants to terminate the rental agreement for residential premises early, the landlord has not violated his obligations?
7.1. No, he has no right.
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7.2. Hello! No, he does not have the right to withhold. You can recover it in court if you have a receipt.
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8. The following contents. If the residential premises in a municipal hostel are declared unfit for habitation, is the tenant liable to pay for the maintenance of the residential premises? And does the management company have the right to make charges for maintenance and repairs?
8.1. Obligated to pay for maintenance and repairs in this case - Art. 158 Housing Code of the Russian Federation. But for the cap. repairs (this is a separate payment) should not - Art. 169 Housing Code of the Russian Federation.
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9. The obligation to pay for major repairs in accordance with Part 1 of Art. 169 of the RF Housing Code applies to owners of residential premises. Thus, tenants who have not yet privatized residential premises are exempt from paying contributions for major repairs. Major repairs are paid for by the state or municipality, depending on which housing stock the premises belong to. I understand correctly that if the apartment is not privatized, then major repairs should not be calculated.
9.1. Hello. You understand everything correctly.
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10. In the rental agreement, clause 2.2. The obligations of the parties are agreed that the tenant is obliged to pay rent for living quarters and utilities within the time limits established by the Agreement. The payment was overdue for 2 months. Can I, as a lessor, terminate the tenancy agreement early? And how to properly prepare this document? Which articles of the law should I refer to?
10.1. In your case, you are guided by the terms of the rental agreement. What sanctions are specified in the contract for late payment of rent? You need to make a complaint to the tenant, indicate the period for repayment of the rent arrears, and also notify him of your intentions to terminate the rental agreement.
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11. What is the status of the apartment under the social lease agreement if there is no administrative act? Rights and obligations of a residential tenant.
11.1. The rights and obligations of a residential tenant under a social tenancy agreement are determined by Article 67 of the Housing Code of the Russian Federation. Residential premises provided under social contracts. rentals are in state or municipal ownership and are provided to tenants for possession and use. What did you mean by “administrative act”?
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12. According to Article 69 of the Housing Code of the Russian Federation. Family members of the tenant of a residential premises under a social tenancy agreement have equal rights and obligations with the tenant. Does this mean that family members of the tenant, equally with the tenant, can enjoy the right specified in Article 70 of the Housing Code of the Russian Federation?
12.1. Hello! Yes, this means that family members of the employer, equally with the employer, can enjoy the right specified in Article 70 of the Housing Code of the Russian Federation.
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13. In a rented apartment, a TV worth about 100,000 rubles broke down. The TV is not under warranty. The lease agreement does not say who should pay for repairs. Should the employer or landlord pay to repair the TV? What rule of law applies here? Article 1064 of the Civil Code of the Russian Federation - General grounds for liability for causing harm? Article 15 of the Civil Code of the Russian Federation - Compensation for losses? Article 616 of the Civil Code of the Russian Federation - Obligations of the parties for the maintenance of leased property? Article 681 of the Civil Code of the Russian Federation - Repair of rented residential premises? Or another?
13.1. Article 616 of the Civil Code of the Russian Federation - Obligations of the parties for the maintenance of leased property?
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13.2. Good evening! You should at least read Art. 607 of the Civil Code of the Russian Federation, before indiscriminately applying Art. 616 of the Civil Code of the Russian Federation. Items in a rented apartment are transferred under a loan agreement and repairs are carried out by the borrower of the item.
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14. How can the obligation of tenants to pay another 13% tax be included in a residential lease agreement, but in such a way that this tax is not regarded as income of an individual? That is, the problem is that the apartment is rented for 10,000 rubles, the landlord must pay a tax of 13% = 1,300 rubles. If we write in the contract that we have to pay 10,000 rubles. + 13% for tax, then in fact the income from renting out the apartment is 11,300 rubles. and they will have to pay tax.
14.1. There is no way to enter a 13% tax, because it should be paid by the one who receives the income, and not by the one who rents your apartment.
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15. Rights and obligations of the parties; Clause 2.2 THE HIREER OBLIGES; d) at my own expense, carry out current and major repairs of the residential premises... I will have to do repairs at my own expense when we rent a house in a terrible condition.?
15.1. According to this condition - yes. Do not sign such an agreement.
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16. Part 2 of Article 153 of the Housing Code of the Russian Federation determines that the obligation to pay for residential premises and utilities arises from the tenant of residential premises under a social tenancy agreement from the moment of conclusion of such an agreement. Does this mean that if the owner (municipal entity) has not drawn up and concluded such an agreement with the tenant, then the latter does not have an obligation to pay payment, although he actually lives in this residential premises.
16.1. You're right. All obligations to pay for housing and communal services will be borne by the municipality.
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17. We live in a dormitory, the owner of which is Vagonremmash OJSC. There is a residential lease agreement in which there are only one rights of the landlord and obligations of the tenant. Most residents refuse to sign it because... are not bound by a contractual relationship with the plant and are afraid to end up on the street. The plant administration is intimidating the court to force them to sign the contract.
17.1. Don’t sign, wait for the court’s decision.
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18. As I understand it, unfortunately, I cannot recognize my ex-husband as having lost the right to use the residential premises (now privatized, my son and I share 1/2 share; my husband refused privatization), because he was registered in it even when drawing up the social tenancy agreement (even though he was the employer). But can I collect payments for the apartment from him if he has not lived in it for 3 years and has not paid for it? Or is this the responsibility of the owners? Please tell me.
18.1. If you have paid utility bills over the years, then you have the right to collect the portion attributable to B. If debt accumulates, then management companies can collect it.
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19. Is it legal to include in the Tenant’s responsibilities a clause on the repair of common areas in the social contract? hiring? In the preamble of the agreement, the Head of the Management Company LENTER: refers to the Charter of the Management Company, the Housing Code of the Russian Federation and the departmental order. LESSOR only for a warrant for residential premises No.. from.. and a citizen’s passport. Are other links to documents necessary and what to do if they refuse to provide the Charter of the Management Company for review? Thank you and good luck to you.
19.1. Yes, that's legal. (Article 67 of the Housing Code of the Russian Federation, Article 154 of the Housing Code of the Russian Federation)
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20. The temporary absence of a tenant of residential premises under a social tenancy agreement, any of his family members living with him or all these citizens does not entail a change in their rights and obligations under the social tenancy agreement (Article 71 of the RF Housing Code). How is the concept of “temporary absence” defined and does it have specific terms? Our lawyer assures that temporary absence cannot exceed 6 months, according to both the old and new housing codes.
20.1. Dear Alexander Ivanovich! There is no such thing as temporary absence, even ten years; such absence does not entail termination of the rights to use residential premises. The right to use residential premises can only be recognized as terminated in court. Good luck to you!
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My father wants to give up his duties as an Employer in favor of his older sister.
Please explain whether there is an obligation on the employer (owner)
Responsibility of the owner of residential premises and members of his family
If the owner of a residential premises uses it for other purposes, systematically violates the rights and interests of neighbors, or mismanages the housing, allowing it to be destroyed, the local government body may warn the owner about the need to eliminate the violations, and if they lead to the destruction of the premises, also assign the owner a proportionate period for renovation of the premises. If the owner, after a warning, continues to violate the rights and interests of neighbors or uses the residential premises for other purposes, or fails to carry out the necessary repairs without good reason, the court, at the request of a local government body, may decide to sell such residential premises at public auction with payment to the owner of the proceeds from the sale. minus the costs of executing a court decision (Article 293 of the Civil Code of the Russian Federation).
The issues of liability of the owner of residential premises and members of his family are addressed in Art. 31 Housing Code of the Russian Federation. Just as under a social tenancy agreement, as a general rule, capable family members of the owner of a residential premises bear joint and several liability with the owner for the obligations arising from the use of this residential premises. An exception can only be established by agreement between the owner and his family members.
The specified legal regime also applies to a former family member of the owner using residential premises on the basis of a court decision, since he has the rights, duties and responsibilities provided for family members. Consequently, liability for obligations arising from the use of residential premises is assigned only to capable persons, i.e. if former family members of the owner are incapacitated or have limited legal capacity, then they will not bear joint and several liability with the owner for the obligations arising from the use of the residential premises.
A citizen who is not a member of the family of the owner of the residential premises, using the residential premises on the basis of an agreement with the owner of this premises, has rights, bears duties and responsibilities in accordance with the terms of such agreement. Since the Housing Code of the Russian Federation does not establish the form of such an agreement, it can be concluded both orally (Article 159 of the Civil Code of the Russian Federation) and in writing (both in simple and notarial form - Articles 160-163 of the Civil Code of the Russian Federation) .
Concept and features of a municipal apartment
A municipal apartment is, in fact, residential real estate, the ownership of which belongs to a certain municipal entity (city, town, etc.) . That is, in fact, the citizen with whom the municipality has entered into a rental agreement does not have the full set of rights included in the concept of property rights.
The owner has the right of ownership, as well as disposal and use, whereas in this case the resident actually cannot dispose of this real estate.
Social tenancy agreement - what is it?
A DSA may be concluded with citizens living in municipal apartments. In fact, the citizen with whom the agreement was concluded will receive a full range of rights only in the event of privatization of the apartment, or after its actual purchase.
Features of the status of a municipal apartment are the limited rights of citizens who have the right to reside in these apartments. The citizen does not have the right to fully dispose of this object. That is, he cannot sell such an apartment and even leave it to his heirs.
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The tenant has the right to use the apartment, and only very limitedly the right to dispose of it (for example, he can sublease a property, but only with the consent of the municipal authority).
Rights and obligations of a municipal apartment tenant
If the tenant has almost no right to dispose of the apartment, then the situation regarding the right to use is somewhat different.
The employer has the right:
- Purchase a full range of utilities on the same basis as apartment owners (subject to full and timely payment for these services);
- Exchange the rented apartment for another rental property of another person;
- Provide an apartment for living to third parties;
- Receive the right to repair an apartment, as well as repair common household property free of charge.
Who and how you can evict from a municipal apartment, watch in this video:
The employer is also obliged:
- Use the apartment only for living without the possibility of converting it to non-residential premises;
- Maintain the apartment and all its communications in good condition;
- Pay for utilities and other services.
Members of his family (children, spouse, parents) have rights equal to those of the main employer. A situation is possible when, at the time of concluding the contract, such family members were immediately included in its terms and conditions.
If you want to improve your living conditions, but don’t know if you have the right to do so, follow the link and get an answer.
In order to move in other family members in the future, it is necessary to obtain the consent of the municipality, that is, the landlord, who may refuse if, as a result of such move-in, the norm on the minimum area required for living is violated.
If the employer has new relatives (for example, a spouse after marriage), they are registered only with the consent of previously registered citizens.
Responsibility for unauthorized reconstruction and unauthorized redevelopment of residential premises
The consequences of unauthorized reconstruction and (or) unauthorized redevelopment of residential premises are provided for in Art. 29 Housing Code of the Russian Federation.
Unauthorized reconstruction and (or) redevelopment of residential premises carried out in the absence of a basis provided for by housing legislation (Part 6 of Article 26 of the Housing Code of the Russian Federation), i.e. document on approval of these actions, issued by the authorized body, or in violation of the reconstruction and (or) redevelopment project, submitted in accordance with clause 3, part 2 of art. 26 Housing Code of the Russian Federation.
A person who unauthorizedly rearranges and (or) replans a residential premises bears the responsibility provided for by law.
The legislation provides for a number of unfavorable legal consequences for persons who have unauthorizedly carried out reconstruction and (or) redevelopment of residential premises. So, in Art. 7.21 of the Code of Administrative Offenses of the Russian Federation establishes liability for violation of the rules for the use of residential premises, which can be expressed, in particular, in the unauthorized re-equipment of residential buildings and (or) residential premises (Part 1 of Article 7.21) or in the unauthorized redevelopment of residential premises in apartment buildings (Part. 2 Article 7.21). Actions for unauthorized re-equipment and redevelopment of residential and non-residential premises can be qualified by law enforcement authorities not only under this article, but also under Art. 19.1 Code of Administrative Offenses of the Russian Federation as arbitrariness.
In addition, in Art. 7.22 of the Code of Administrative Offenses of the Russian Federation provides for liability for the refurbishment of residential buildings and (or) residential premises without the consent of the tenant (owner), if the refurbishment significantly changes the conditions of use of the residential building and (or) residential premises.
In addition to administrative liability for unauthorized reconstruction and (or) redevelopment of residential premises, civil measures may be applied to persons guilty of these violations - the owner of the residential premises, which was unauthorized reorganization and (or) redevelopment, or the tenant of such residential premises under a social tenancy agreement, he is obliged to bring such residential premises to their previous condition within a reasonable time and in the manner established by the body carrying out the approval (Part 3 of Article 29 of the Housing Code of the Russian Federation).
Consequently, the subject of the above liability can be not only the owner of the premises, but also the tenant under a social tenancy agreement.
Based on a court decision, residential premises can be preserved in a rebuilt and (or) redesigned state, if this does not violate the rights and legitimate interests of citizens or does not create a threat to their life or health (Part 4 of Article 29 of the Housing Code of the Russian Federation).
If the relevant residential premises are not restored to their previous condition within the specified period in the manner established by the body carrying out the approval, the court at the request of this body, provided that the decision provided for in Part 4 of Art. 29 of the Housing Code of the Russian Federation, makes a decision:
1) in relation to the owner - on the sale of such residential premises at public auction with payment to the owner of the proceeds from the sale of such residential premises minus the costs of executing a court decision with the imposition on the new owner of such residential premises of the obligation to bring it to its previous condition;
2) in relation to the tenant of such residential premises under a social tenancy agreement - on the termination of this agreement with the imposition on the owner of such residential premises, who was the lessor under the specified agreement, of the obligation to bring such residential premises to its previous condition.
The body carrying out the approval, for the new owner of a residential premises that has not been brought to its previous condition, or for the owner of such residential premises who was the lessor under a terminated lease agreement, sets a new deadline for bringing such residential premises to its previous condition. If such residential premises are not restored to their previous condition within the specified period and in the manner previously established by the body carrying out the approval, such residential premises are subject to sale at public auction.
Liability under a share participation agreement in housing construction
The general rule on liability for non-fulfillment or improper fulfillment of obligations is set out in Art. 10 of the Federal Law “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts” dated December 30, 2004 N 214-FZ (hereinafter referred to as the Law), according to which the party that violated its obligations is obliged to pay the other the party for the penalties (fines, penalties) provided for by the Law and the contract and compensate in full for the losses caused in excess of the penalty.
The investor's responsibility for failure to meet payment deadlines is to pay the developer a penalty (penalty) in an amount not exceeding 1/150 of the refinancing rate of the Central Bank of the Russian Federation in effect on the day the obligation is fulfilled, of the amount of the overdue payment for each day of delay. The specified interest is accrued from the day the participant in shared construction contributes funds or part of the funds towards the contract price until the day they are returned by the developer to the participant in shared construction.
The responsibility of the developer for violating the deadline for transferring the relevant object to the participant in shared construction consists of paying the participant in shared construction a penalty (penalty) in the amount of 1/75 of the refinancing rate of the Central Bank of the Russian Federation, valid on the day of fulfillment of the obligation, of the contract price for each day of delay.
Despite the fact that the Law extends its effect to legal relations regarding participation in shared construction, if a construction permit was received by the developer after the Law came into force, it is still possible to hold liable the developer who received the permit earlier than the specified period. Judicial practice proceeds from the fact that, despite the fact that in order to purchase residential premises, citizens enter into agreements with organizations, both provided for and not provided for by law and other legal acts (contracts, equity participation in construction, joint activities, purchase of an apartment by paid agreement, including with the labor participation of a citizen-shareholder, purchase and sale of an apartment with installment payment, gratuitous transfer of an apartment into ownership, assignment of a claim (cession), etc.), the content of the listed agreements (subject, terms of participation and mutual rights and obligations parties) is almost the same: the citizen (investor, shareholder) is charged with paying the actual cost of construction of residential premises, and the organization (investment and construction company, investment company, developer, customer, contractor, etc.) assumes the functions of the customer construction of a certain property (independently or with the help of third parties) with the obligation to transfer the ownership of the residential premises stipulated by the contract to the citizen upon completion of construction and commissioning of the house. The Supreme Court of the Russian Federation clarified that legislation on the protection of consumer rights should be applied to relations between citizens participating in construction and developers.
