Rules for Living in an Apartment Building Noise from Neighbors and We Have a Child

The legislative framework

Generally accepted norms are regulated by such serious normative legal acts as the Constitution of the Russian Federation, the Housing Code of the Russian Federation, Government Resolutions No. 491 and No. 25. These documents state:

• rights to the inviolability of home;
• sanitary and fire standards for residential premises;
• responsibilities of owners;
• rules that protect their rights.

According to the provisions of these legislative acts, apartment owners are required to bear the costs of repairs, utilities and maintenance of common non-residential premises in the house. Along with this, legal acts stipulate the basic rights of residents and owners. For example, according to the law, the use of an apartment must take into account the interests and rights of neighbors.

More detailed rules and regulations for living in an apartment building are prescribed in laws adopted by regional authorities. For example, the well-known “silence law”, which prohibits repair work and noise at night, was developed separately for each region.

Narrower areas are regulated by HOAs or other companies servicing apartment buildings.

The competence of these organizations includes:

• regulating the procedure for paying for utility services provided to residents;
• organization of parking spaces in the local area for residents’ vehicles;
• elevator maintenance;
• supervision of staircases, attics, basements in a residential building;
• organizing cleaning of the local area, beautification and care of it;
• introduction of individual sanitary and fire safety standards.

In addition, it is the responsibility of the HOA to inform the residents of the house about all accepted rules and regulations.

Internal documents

Based on current federal laws, local authorities, management companies and homeowners associations have the right to develop individual standards for a single apartment building or residential complex. They usually relate to the following aspects:

• the procedure for payment for utilities, maintenance of common property;
• maintenance of staircases, elevators, basements;
• permissible time for noisy activities (repairs, loud listening to music, etc.);
• keeping and walking pets;
• procedures for cleaning and landscaping the local area;
• organizing parking on the territory of the MKD;
• actions in emergency situations;
• liability for violation of the rules of residence.

Internal standards may vary slightly in different high-rise buildings. They are adopted by the board of the management company and brought to the attention of all resident citizens. Moreover, each resident has the right to make his own proposals at the general meeting (provided that they do not contradict the current legislation of Russia) and discuss them with neighbors. If approved, the adopted innovations are recorded in documents, after which they become mandatory for everyone.

Noise level in an apartment at night

During the night period, which lasts from eleven o'clock in the evening to seven o'clock in the morning, the permissible noise level is set at an even lower level - only 30 decibels.

In terms of its volume, the sound of 30 decibels is reminiscent of human speech, which is pronounced in a barely audible whisper.

During this time period it is prohibited:

• watch TV or listen to music at high volume levels;
• yell, whistle, sing songs, play musical instruments, rattle, and so on;
• use pyrotechnic products;
• rearrange furniture and do repairs.

In general, during this time period, any actions that lead to the creation of noise are unacceptable.

But every rule has its exceptions. So, noise is quite acceptable even at night in the following cases:

• during public events on a city or regional scale, during which public concerts are given, fireworks and fireworks are displayed;
• if the noise was caused by illegal actions of intruders and measures taken by law enforcement agencies to detain them;
• The noise was caused by force majeure circumstances and measures taken to eliminate their consequences. These include fires, natural disasters, military operations and counter-terrorism measures.

In addition, each of us may have some reason for making noise even at night. This could be a prolonged feast, guests or relatives arriving late, a young child screaming loudly, and a number of other situations.

Usually neighbors are sympathetic to such situations. But it is worth noting that it is not worth abusing their patience and not paying attention to their completely legitimate demands not to make noise. After all, such actions on your part may lead to administrative liability.

There is no single law on maintaining silence adopted at the federal level. In accordance with Part 1 of Article 1.1. The Code of Administrative Offenses of the Russian Federation, the measure of responsibility for violating the peace and tranquility of citizens, is established by each subject of the federation independently, based on the norms and traditions that have developed in a particular region.

Legislative acts at the regional level, which establish time intervals and the permissible noise level within them, as well as penalties for violations of established standards, are usually called “silence laws.”

And although the general procedure for bringing citizens to administrative responsibility is established by the Code of Administrative Offenses of the Russian Federation, each region independently determines the degree of responsibility to which a citizen will be held who has violated the provisions and prohibitions established by the local law on silence.

Remember that in each region, the time periods during which it is prohibited to make noise, as well as the penalties for non-compliance with local silence laws, may differ significantly.

Therefore, having moved from one region of our vast Motherland to another, familiarize yourself with the norms that are accepted in the region where you moved. This can protect you from unpleasant surprises.

What is "night time"?

As noted above, each subject of the federation has the right to set its own time intervals, which will relate to night or daytime. And the regions actively use this right.

For example, part 1 of article 10.1. Law of the Oryol Region N 1490-OZ “On Liability for Administrative Offences” establishes that persons who disturb the silence at night can be held administratively liable. This time period is set from 11 pm to 7 am.

But the Code of the Omsk Region “On Administrative Offenses” establishes that night time begins at 2200 and ends only at 800.

Law of the Republic of Tatarstan dated January 12, 2010 N 3-ZRT “On maintaining the peace of citizens and silence at night” establishes that night time on weekdays begins at 10 pm and ends at 6 am. And on weekends and holidays, the night time period ends only at 9 am.

In the second article of the Law of St. Petersburg of May 31, 2010 N 273-70 “On Administrative Offenses in St. Petersburg,” night time is set from 2200 to 700.

In addition, citizens who disturb the silence with construction, repair or loading and unloading work in an apartment building on weekends and holidays from 700 to 1200 may be held administratively liable.

Housing code and rules for living in an apartment building

Each residential building has its own management company. To make it easier for everyone, she sets certain rules based on:

• Constitution of the Russian Federation.
• Civil Code.
• Certain federal laws and various regulations.

General rules

Rules for living in apartments are determined by federal and regional legislation:

• Housing Code;
• Government Decree No. 25 determines the rules of living in apartment buildings for owners of living space and tenants.
• Resolution No. 491 defines the concept of common household property and the responsibilities of residents for the maintenance and upkeep of such property.
• Local legislation.

The owner of residential premises in an apartment building has the right to use it for living within the limits established by housing legislation, as well as federal sanitary and technical standards.

Article 17 of the Housing Code obliges owners and tenants of living space in houses:

• do not violate the rights of other residents (neighbors);
• comply with fire safety requirements;
• comply with sanitary standards;
• comply with the rules established by Resolution No. 25.

The norms of Decree No. 25 require owners of city apartments to ensure their safety , as well as to participate in the costs of repairs and maintenance of the house.

The requirements of sanitary standards include maintaining cleanliness in common areas (entrances, corridors, stairwells, etc.), preventing the accumulation of garbage, littering or contamination with toxic and harmful substances.

Noise from neighbors

The most common reason for a scandal with neighbors in such houses is noise. It should be clarified that the noise level in residential premises of multi-apartment buildings must comply with the sanitary standards approved by SanPiN 2.2.4/2.1.8.562-96 and components:

• from 7.00 to 23.00 hours - 40 decibels;
• from 23.00 to 7.00 hours - 30 decibels.

The rules for living in apartment buildings specify the time when silence must be observed - from 22.00 to 09.00. During these hours, you cannot use musical instruments or turn on the TV or other sound equipment loudly. If repair work is carried out using noise-producing tools (hammer, drill, electric saw), then they cannot be used from 13.00 to 15.00 so as not to interfere with the sleep of small children. Opening hours for such tools are set from 10.00 to 18.00.

During the daytime, the noise level in a residential area should not exceed 45 - 55 decibels.

Smoking

Smoking in the stairwells of houses causes a lot of inconvenience to non-smoking neighbors. In addition to contemplating ashes and debris in the form of cigarette butts, people are forced to inhale acrid smoke.

Recently, smoking in common areas of apartment buildings has been prohibited by law. Federal Law No. 15 of 2013 allows for this possibility if the owners make a decision and allocate a place in the open air or in a common area of ​​the house where there is exhaust ventilation (clause 2.2 of article 12). However, these measures are not working yet, and it is better to talk to your neighbors and explain that smoking is a nuisance.

Article 12 of Federal Law No. 15

You can go to court, where you will have to prove exactly how a smoker interferes with your normal life. However, there are few cases considered with a positive decision.

Emergency situations

Tenants must report an accident in the residential or common areas of multi-apartment buildings to the emergency dispatch service of the management company. Service telephone numbers are usually posted on the information board on the first floor.

Calls are made to services based on the situation:

• Gorgas – if there is a strong smell of gas;
• power grid – in the absence of electrical energy;
• management manager - if there are problems with water supply, sewerage or heating, operation of elevators and others.

Emergency and dispatch services of multi-apartment areas are on duty around the clock, therefore, upon a call, responsible people should come and solve the problem on the spot.

Emergency phone numbers are available for calls around the clock, and a dispatcher will answer your call.

If a situation has arisen in a neighboring residential building that threatens the lives of people or significant damage to property, and there is no one there, then the management company should try to find the owners. Usually the residents of the house themselves help with this. But if the whereabouts of the owner are unknown, the law gives the right to a representative of the management company, in the presence of a police officer and two witnesses, to open the apartment and draw up an appropriate report. After eliminating the emergency, a new lock is installed, and the keys are stored in the management office of the apartment building until the owner appears.

Safety regulations

Compliance with safety standards in an apartment building is the key to a peaceful residence for citizens. You should not leave entrance doors open, or place expensive items on balconies and loggias.

If you need to leave for more than 10 days, be sure to provide the management company with the phone number of a trusted person, just in case. Instruct your neighbors to pick up mail from the mailbox, as accumulated mail can attract the attention of crooks.

Be vigilant if you find suspicious objects on the sites of houses. Take a close look at the citizens renting housing in your building. If you have any suspicions, report information to the management company or district police officer.

Construction works

The repairs carried out should not create inconvenience to neighbors. It is clear that there is no repair without noise and dirt. The rules stipulate that on weekends, as well as in the evening and morning hours, noisy work is prohibited. It is also prohibited to use the passenger elevator to transport construction materials. You cannot remove or store construction waste on sites. Any actions that may damage other premises of multi-apartment residential buildings are prohibited.

Animal keeping

Another cause of discord between neighbors is animals in the apartment. According to the law, it is possible to have and keep them in an apartment. The maintenance rules prohibit walking dogs in the local area, especially in areas with children. Animals must undergo the necessary vaccinations. It is prohibited to walk pets without a leash and muzzle. The owner should not allow his ward to damage common property.

Dogs are prohibited from walking in the local area and must be vaccinated.

Other rules

In order to ensure a comfortable and safe stay in the house, residents are required to comply with other legal norms.

Residents should not allow the creation of emergency situations that threaten people's health. Therefore, if a malfunction is detected in the electrical wiring, sewage system, or water supply system, apartment owners or tenants are required to report this to the management company. If the fault was caused by residents, they are obliged to correct the situation or pay for repair work. If a problem arises due to the fault of the HOA, they bear responsibility.

In addition, residents may be held liable for using faulty systems. Because this may lead to an emergency.

The legislation sets out the rules for keeping pets. Normative legal acts do not regulate the exact list of animals that are allowed to be kept in an apartment. The main rule is that they do not pose a danger to people around them. Therefore, pets need to be looked after properly.

Animals can only be walked in specially designated areas. Pets can only be kept in apartments; they should not live in common areas, that is, on landings, in basements and outbuildings.

Rules for the use of residential premises (Resolution of the Government of the Russian Federation dated January 21, 2006 No. 25)

On approval of the Rules for the use of residential premises

In accordance with Article 17 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached Rules for the use of residential premises.

2. To recognize as invalid:

Resolution of the Council of Ministers of the RSFSR dated September 25, 1985 N 415 “On approval of the Rules for the use of residential premises, maintenance of a residential building and local area in the RSFSR and the Standard Agreement for the rental of residential premises in houses of the state, municipal and public housing stock in the RSFSR” (SP RSFSR, 1986, No. 2, Art. 10);

subparagraphs “c” and “d” of paragraph 2 of the Decree of the Government of the Russian Federation of January 18, 1992 N 34 “On introducing amendments, additions and invalidating certain decisions of the Council of Ministers of the RSFSR on the regulation of housing legal relations” (SP RF, 1992, N 6, art. 31);

paragraph 3 of Appendix No. 2 to the resolution of the Council of Ministers - Government of the Russian Federation of July 23, 1993 N726 “On invalidating and amending certain decisions of the Government of the Russian Federation in connection with the adoption of the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy” (Meeting Acts of the President and Government of the Russian Federation, 1993, No. 31, Article 2860).

Chairman of the Government of the Russian Federation M. Fradkov

RULES FOR USE OF RESIDENTIAL PREMISES

I. General provisions

1. These Rules determine the procedure for using residential premises of state and municipal housing funds, as well as residential premises owned by citizens in apartment buildings (hereinafter referred to as residential premises).

2. Residential premises are recognized as isolated residential premises, which are real estate and are suitable for permanent residence of citizens.

3. Residential premises are intended for the residence of citizens.

4. Placement of industrial production in residential premises is not permitted.

Residential premises can be used by citizens legally residing there (along with residence) to carry out professional activities or individual entrepreneurial activities, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet.

5. The right to use residential premises has:

the tenant of the residential premises (hereinafter referred to as the tenant) and his family members - under a social tenancy agreement for residential premises;

the tenant and citizens permanently residing with the tenant - under a rental agreement for residential premises of state and municipal housing funds for commercial use;

the tenant and his family members - under a rental agreement for specialized residential premises;

the owner of the residential premises and members of his family;

a member of a housing or housing construction cooperative and members of his family.

6. The use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises, fire safety requirements, sanitary, hygienic, environmental and other legal requirements, as well as in accordance with these Rules.

II. Use of residential premises under a social tenancy agreement

7. The right to use residential premises under a social tenancy agreement arises on the basis of an agreement concluded (in writing) in accordance with the Model Social Tenancy Agreement for residential premises, approved by the Government of the Russian Federation.

8. In an apartment building, the tenant and his family members have the right to use the common property in this building.

9. As a user of residential premises, the tenant has the right:

Note: Subparagraph “a” of paragraph 9 was declared invalid by the decision of the Supreme Court of the Russian Federation of January 16, 2008 No. GKPI07-1022 to the extent that this norm requires the consent (in writing) of the landlord for the tenant to move into the property occupied by him under a social tenancy agreement living quarters of your spouse, your children and parents. a) move other persons into the occupied residential premises. Move-in is carried out with the consent (in writing) of family members of the tenant, including those temporarily absent, and the landlord. The consent of other family members and the landlord is not required to move their minor children into the parents' home;

b) with the consent (in writing) of the landlord and members of his family living together with the tenant, including those temporarily absent, part of the residential premises, and in the case of temporary departure, all residential premises for sublease on the terms established by the Housing Code of the Russian Federation;

c) allow, by mutual agreement with family members living together with the tenant and with prior notification to the landlord, free residence in residential premises for citizens as temporary residents under the conditions established by the Housing Code of the Russian Federation;

d) carry out, with the consent (in writing) of the landlord and members of his family living with the tenant, including those temporarily absent, the exchange of occupied residential premises for residential premises occupied under a social rental agreement for residential premises by another tenant, in the manner and on the terms, established by the Housing Code of the Russian Federation;

e) demand from the landlord timely major repairs of the residential premises, proper participation in the maintenance of common property in the apartment building, as well as the provision of utilities.

The employer has other rights provided for by law.

10. As a user of residential premises, the tenant is obliged to:

a) use the residential premises for their intended purpose and within the limits established by the Housing Code of the Russian Federation;

b) use the residential premises taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises;

c) ensure the safety of the residential premises, prevent the performance of work in the residential premises or the commission of other actions leading to its damage;

d) maintain the proper condition of the residential premises, as well as common areas in an apartment building (apartment), maintain cleanliness and order in the residential premises, entrances, elevator cabins, stairwells, and other common areas, ensure the safety of sanitary and other equipment equipment, as well as comply with the requirements of paragraph 6 of these Rules;

e) immediately take possible measures to eliminate detected defects in the residential premises or sanitary and other equipment located in it, and, if necessary, report them to the landlord or the relevant management organization;

f) carry out routine repairs of residential premises;

g) pay rent for housing and utilities on time. The obligation to pay for residential premises and utilities arises from the moment of concluding a social tenancy agreement for residential premises in accordance with the law;

h) inform the landlord, within the time frame established by the social tenancy agreement, about changes in the grounds and conditions affecting the use of the residential premises;

i) allow, at a pre-agreed time, into the residential premises employees of the landlord or persons authorized by him, representatives of state control and supervision bodies to inspect the technical and sanitary condition of the residential premises, sanitary and other equipment located in it, as well as to carry out the necessary repair work ;

j) not carry out reconstruction and (or) redevelopment of residential premises in violation of the established procedure;

k) upon termination of the right to use residential premises, hand over to the lessor in good condition the residential premises, sanitary and other equipment located in it, pay the cost of repairs of the residential premises, sanitary and technical and other equipment located in it that were not carried out by the tenant, or carry out repairs at your own expense, as well as pay off debts for payment of housing and utilities.

The employer bears other obligations provided for by law.

11. Family members of the tenant have equal rights to use the residential premises.

III. Use of residential premises under a rental agreement for specialized residential premises

12. Specialized residential premises are intended:

for residence of citizens during work, service, training;

for temporary residence of citizens in connection with major repairs or reconstruction of a house;

for temporary residence of citizens in connection with the loss of residential premises as a result of foreclosure on it;

for temporary residence of citizens due to the unsuitability of residential premises for living as a result of emergency circumstances;

for the residence of citizens who, in accordance with the law, are classified as citizens in need of social protection with the provision of medical and social services;

for residence of citizens recognized as forced migrants and refugees;

for temporary residence of citizens in need of special social protection;

for residence of citizens in connection with election to elective positions or appointment to public office.

13. As a user of specialized residential premises, the tenant also uses the common property in an apartment building.

14. As a user of specialized residential premises, the tenant is obliged to:

a) use the residential premises for their intended purpose and within the limits established by the Housing Code of the Russian Federation;

b) use the residential premises taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises;

c) ensure the safety of the residential premises, prevent the performance of work in the residential premises or the commission of other actions leading to its damage;

d) maintain the proper condition of the residential premises, as well as common areas in an apartment building (apartment), maintain cleanliness and order in the residential premises, in entrances, elevator cabins, stairwells, and other common areas, ensure the safety of sanitary and technical equipment other equipment, as well as comply with the requirements of paragraph 6 of these Rules;

e) immediately take possible measures to eliminate detected defects in the residential premises or sanitary and other equipment located in it, and, if necessary, report them to the landlord or the relevant management organization;

f) carry out routine repairs of residential premises;

g) pay rent for housing and utilities on time. The obligation to pay for residential premises and utilities arises from the moment of concluding a rental agreement for specialized residential premises in accordance with the law;

h) allow, at a pre-agreed time, into the residential premises the employees of the landlord or persons authorized by him, representatives of state control and supervision bodies to inspect the technical and sanitary condition of the residential premises, sanitary and other equipment located in it, as well as to carry out the necessary repair work ;

i) not carry out reconstruction and (or) redevelopment of residential premises in violation of the established procedure;

j) upon termination of the right to use residential premises, hand over to the landlord in good condition the residential premises, sanitary and technical and other equipment located in it, according to the act, pay the cost of repairs of the residential premises, sanitary and technical and other equipment located in it that were not carried out by the tenant, or carry out repairs at your own expense, as well as pay off debts for payment of housing and utilities.

The employer bears other obligations provided for by law.

15. When using specialized residential premises, the tenant does not have the right to exchange the occupied residential premises, or sublease it.

16. Members of the tenant’s family have equal rights and responsibilities for the use of specialized residential premises.

IV. Use of residential premises in an apartment building by the owner of the residential premises and members of his family living with him

17. The owner of residential premises in an apartment building (hereinafter referred to as the owner) uses the residential premises for their intended purpose and within the limits established by the Housing Code of the Russian Federation.

18. As a user of residential premises, the owner also uses the common property in an apartment building.

19. As a user of residential premises, the owner is obliged:

a) use the residential premises for their intended purpose and within the limits established by the Housing Code of the Russian Federation;

b) ensure the safety of living quarters;

c) maintain the proper condition of the living space;

d) bear the costs of maintaining the residential premises belonging to him, as well as participate in the costs of maintaining the common property in an apartment building in proportion to his share in the right of common ownership of the property by paying a fee for the maintenance and repair of the residential premises;

e) make timely payments for the maintenance and repair of residential premises, including fees for services and work on managing an apartment building, maintenance, current and major repairs of common property in an apartment building, and fees for utilities.

The owner bears other obligations provided for by law.

20. Members of the owner’s family have equal rights to use residential premises, unless otherwise established by agreement between the owner and members of his family.

21. Capable members of the owner’s family bear joint and several liability with the owner for obligations arising from the use of residential premises, unless otherwise established by agreement between the owner and members of his family.

V. Use of residential premises under a rental agreement for residential premises of state and municipal housing funds for commercial use

22. As a user of residential premises, the tenant has the right:

a) to move, by mutual agreement with the landlord and citizens permanently residing with the tenant, into the residential premises of other citizens as permanent residents of the tenant. When moving in minor children, such consent is not required;

b) allow, by mutual agreement with citizens permanently residing with the tenant, and with prior notification to the landlord, temporary residents to stay in the residential premises free of charge;

c) sublease part or all of the residential premises with the consent of the landlord.

23. In an apartment building, the tenant and citizens permanently residing with the tenant under a lease agreement for residential premises of state and municipal housing funds for commercial use also use the common property of the apartment building.

24. As a user of residential premises, the tenant is obliged:

a) use the residential premises only for living;

b) ensure the safety of living quarters;

c) maintain the living space in proper condition;

d) do not carry out reconstruction and reconstruction of residential premises without the consent of the landlord;

e) pay rent for housing and utilities on time;

f) carry out routine repairs of residential premises, unless otherwise established by the lease agreement for residential premises of state and municipal housing funds for commercial use.

The employer bears other obligations provided for by law.

25. Citizens who permanently live with the tenant have equal rights to use residential premises.

VI. Responsibility for non-compliance with the Rules for the use of residential premises

26. Violation of these Rules entails liability in accordance with the law.

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Rights of residents of an apartment building

Residents of the house have certain rights regarding their apartments. In addition to the owner of the home, other persons may live in it temporarily or permanently. They also have rights and responsibilities.

What sanitary standards should residents follow?

Sanitary standards are needed to maintain order and improve living conditions in the house. Primary requirements:

• It is prohibited to store toxic, strong-smelling or flammable substances in the apartment.
• Repairs that violate the conditions of other residents are prohibited.
• You must not place your personal belongings in common areas so that they disturb others.
• It is prohibited to convert an attic, basement or other similar premises into residential areas.
• The management company must monitor the condition of common areas and carry out their maintenance in a timely manner.
• Housing can only be used in compliance with all established standards.

Owner's rights

There are several types of rights relating to living space:

• Ownership. It means that the citizen is the owner of the housing space and has the right not to allow anyone into the housing, especially strangers.
• Right of use. The owner can make money from his apartment by renting it out. And he can also live in it.
• Right of disposal. The owner of an apartment has the right to do whatever he wants with it: sell, exchange, donate.

According to the housing code, the purpose of square meters is to live on them. However, the owner has the right to engage in labor activities in his apartment: establish a studio, create and sell goods, work. The main thing is that this does not infringe on the rights of others. There should be no noise, especially at night. If production is carried out, it should not involve poisons or strong-smelling substances.

The owner of the housing space has the right to rent it out to other persons: individuals and legal entities. In this case, an agreement is concluded and only accommodation is provided. For example, a rented apartment can be used to accommodate business travelers.

Procedure for making payments for utilities

According to the current legislation of the Russian Federation, every person living in an apartment building, regardless of whether he is the owner of the living space or a tenant, is obliged to promptly pay for the utilities provided to him by the building management. This obligation usually operates on the basis of a signed agreement between the parties.

If the tenant of the apartment does not make payment on time and does not make it in full, representatives of the management company have the right to collect the debt from him in court and charge a penalty.

In addition, if this situation arises, representatives of the managing house authority have the right to suspend the supply of utility services to debtors or limit them. This is possible except for the supply of hot and cold water.

Services are suspended thirty days after the resident has been given written notice of the termination of supply. Time is given to the person to pay the missing amount or pay it in full in case of non-payment of the debt.

Incomplete payment is if a tenant has a debt for a particular utility service, and the amount of this debt is more than three monthly rents, which are calculated on the basis of general service consumption standards, regardless of whether the tenant has meters or not. The basis is taken on the amounts current on the day of restriction of the supply of utilities to the debtor if he refuses to repay his debt.

The company managing an apartment building can charge utility bills to residents of apartments that are not equipped with metering devices, but have not yet been put into operation.

In addition, payment can be charged in the general manner if residents do not provide information about the indicators of metering devices to the management organization.

If the owner of the living space and the tenant have violated certain rules of living together in an apartment building, he will begin to pay additional rent. The amount of such payment is the amount of the damaged property and is established by the management organization on an individual basis. These funds are used to restore property in case of damage or for technical needs.

How to resolve emergencies

If a resident of a house discovers malfunctions of plumbing, electrical equipment and other types of equipment on the territory of the house or local area that are of key importance for the life of the house, he must report them to the management organization so that its representatives can prevent the consequences in a timely manner. In cases where your apartment has a shut-off valve, it should be closed to cut off the electricity for safety.

In order to maintain safety on the territory of the house and in the surrounding areas, its residents should adhere to the following rules:

1. never leave doors open in apartments and hallways;
2. collect correspondence from your mailbox daily;
3. do not store any items of value on balconies or loggias;
4. if you plan to leave your home for a period of ten days or longer, be sure to inform your neighbors or building management representatives about this, and leave your phone numbers with both.

Features of the action

Like any other document, the Rules for the Use of Residential Premises are based on the provisions of the Housing Code.

The rules cover the interests of not only the people living in the apartment, but also their neighbors.

Compliance with the required standards will ensure fire safety of residential property, sanitary and hygienic requirements and environmental safety.

The rules do not apply to residential premises owned by legal entities and those that are not located in an apartment building.

Loss of the right to use housing

The subject must leave the living space when his rights of residence in this apartment expire. If you refuse to leave your home, forced eviction begins.

The right to use residential space is lost when:

The legislation contains a list of real-life situations in which residence rights are terminated.

Citizens who are not apartment owners may lose this right if:

If the tenancy agreement is terminated, the tenants automatically lose the right to use the living space and must move out.

Situations in which there is a need to lose the right to use housing:

The right of use is lost both for municipal housing and for one’s own. Loss of the right to use is a legal procedure and concerns not only the apartment as a whole, but also its individual room.

What it is and where to get an extract from the house register, see the article: where to get an extract from the house register. Read how to pay off your mortgage quickly here.

This decision is made by the court. Current Russian legislation provides for situations in which certain categories of citizens cannot lose their use rights.

The following persons have an indefinite right to use property:

• for spouses, if the apartment is common property;
• former owners of residential real estate who refused to become participants in privatization in favor of other citizens;
• relatives - family members of the owner who lived with him before the housing was privatized;
• persons on whom the testamentary refusal was issued;
• participants in the annuity agreement.

Despite the impossibility of losing their own rights of residence, this does not allow them to dispose of this real estate or enter into transactions.

The details of leaving the apartment after losing the right to reside are determined by the court. It is taken into account whether the person voluntarily or forcibly lost his rights, whether he had permanent or temporary registration.

Grounds for eviction from an apartment

The rights to use residential property are terminated based on the norms of the Housing Code, agreements and federal laws.

In accordance with the Constitution, a citizen cannot be deprived of housing without reason. The right to use is lost in the following cases:

• uncoordinated redevelopment of the premises or the owner’s refusal to transfer the residential premises to their original condition within the specified time frame;
• use of real estate for other purposes;
• the citizen lives in another place for a long time;
• non-payment of utilities.

In these cases, the person is evicted from the premises - if there is evidence.

Forced eviction

The issue of forced eviction is decided personally by the owner of the property; there is no need to coordinate with the administration. If a registered citizen does not want to leave the apartment on his own, he is forcibly evicted.

The Housing Code provides for the following reasons for forced eviction:

• the housing is subject to demolition or has been declared unsafe;
• the owner intentionally caused damage to the living space;
• the property was damaged by the tenants;
• the redevelopment was carried out without permission, and there was a refusal to restore the apartment to its original condition;
• the person was absent from the place of registration for a long time;
• residence was declared illegal;
• the residential area was used for commercial purposes;
• utility bills have not been paid for 6 months or more; the tenant was deprived of parental rights.

A person can be forcibly evicted from an apartment only on the grounds specified by law. The basis is a court decision. There are no other reasons.

This is an extreme measure - before this, the owner is notified in writing of violations with a request to correct them.

If the requirements are ignored, you should go to court. When an eviction is carried out on one's own, it is considered arbitrary.

Before going to court, it is necessary to warn the resident citizen. His offenses must be recorded in the documentation.

This could be a protocol drawn up by the local police officer, complaints from neighbors or other documents specified in the law.

To begin with, the violator is summoned for a conversation with the district administration and verbally point out his violations. If the conversation is unsuccessful, he is sent a notice in writing with a request to eliminate the reasons for the eviction.

Video: illegal redevelopment of an apartment or residential premises

After a forced eviction, the owner loses the right to use the apartment and dispose of it. However, he is not entitled to compensation.

Features of residential redevelopment

Often, apartment owners want to remodel. Naturally, this process will be lengthy and will include the installation and transfer of engineering structures, equipment, furniture and plumbing.

It is clear that redevelopment involves a change in the configuration of the premises, which is why some actions associated with redevelopment should be recorded in the technical data sheet of the premises , among them the following:

1. moving and changing partitions, moving interior door openings;
2. downsizing of large apartments;
3. expansion of living space;
4. installation of an additional kitchen or additional bathroom.

Redevelopment must be accompanied by compliance with the following rules:

1. it is prohibited to carry out repair work related to noise before 9:00 and after 19:00, as well as from 13 to 15 if neighbors have small children who need naps during the day;
2. the tools used must not exceed the permissible limits for noise and vibration levels, regardless of the time of use;
3. the work should not contribute to the destruction of wall and ceiling structures or allow leaks;
4. work should not be accompanied by contamination of common areas with construction waste.

Also, due to redevelopment, the apartment owner is prohibited from changing the functional value of the room (if it is a bathroom, then it cannot be converted into a kitchen, etc.). In addition, it is strictly prohibited to carry out repair work that could damage the common property in the house.

What is housing squatting

All issues related to residential premises concern the majority of residents of apartment buildings. Individual citizens who want to become owners of residential premises sometimes commit illegal and immoral actions.

The following situations can be classified as squatting of residential premises:

1. Moving into the premises without having any legal grounds for this: there is no document that confirms the fact of receipt of property or the right to own the residential premises;
2. If the agreement, which confirms the possibility of a citizen moving into an apartment that was previously seized;
3. Relatives of the owners or tenants of the residential premises did not express their consent to the possibility of settlement;
4. The court found that the citizen and his minor child were living in the premises without legal grounds;
5. The documents that gave a person the right to move into a residential premises do not have any legislative force.

Another situation in which moving into a residential premises is not allowed is if the structure where the property is located is recognized as unsafe, there is a real threat of its collapse.

Permissible noise level in the apartment on weekends

Additionally, you should keep these rules and regulations in mind if you want to host a noisy holiday event in your apartment.

Try to organize such events during a period of time when neighbors will not have legal grounds to complain about you.

And when conducting them, you should not turn on the music too loudly or shout. When holding a festive feast, take short breaks, during which you should turn off the playing music or reduce its volume to the minimum possible.

The current legislation provides that holding celebrations and feasts in the residential premises of an apartment building is possible during the time period from 1000 to 1800.

In this case, starting from 1300, it is necessary to take a two-hour break in its implementation. We emphasize that even if you comply with all these standards, you should not turn on the music at the highest possible volume and sing too loudly.

Remember that even when holding such special events, you should not allow the established noise limit to be exceeded by more than 15 decibels.

Perhaps it would be more appropriate to hold such an event in a cafe or restaurant, or out into nature? After all, there are no restrictions on noise levels, and you can calmly relax for your own pleasure, without infringing on anyone’s legitimate interests.

Responsibility for violating the rules

All residents of apartment buildings (owners, tenants, tenants) and their guests are required to comply with these rules. A violation report is drawn up against violators. The document can be drawn up by a representative of the management company or a senior housekeeper in the presence of witnesses. The extent of liability depends on the severity of the offense and the harm caused. This may be a written warning or an administrative fine. The latter amounts look like this:

Not only the residents themselves, but also employees of the management company can be held accountable as violators if they perform work at night (except for eliminating accidents) or do not perform it at all. Debt in payment of utilities, use of residential premises for purposes other than their intended purpose, intentional damage to neighbors' property, and violation of sanitary standards may become grounds for eviction of the violator and criminal prosecution.

How to protect your rights and where to go

The method of protection depends on the situation. Basically you can contact:

• A housing company (for example, your management company).
• Russian Prosecutor's Office.
• Judicial authority.
• Police.

If you don't know where to go, go to the housing company or the police and explain the situation.

Everyone living in a multi-storey building is obliged to comply with established norms and rules; they are an integral part. Systematic violations can lead to fines, eviction and even criminal liability.

Chairman or senior manager of an apartment building: rights and responsibilities

In everyday life, the senior person in an apartment building or entrance, previously called the building manager, is a responsible person, endowed with a number of rights and responsibilities, representing the interests of apartment owners before the management company, authorities and housing and communal services.

Important! Based on Article 161.1 of the Housing Code, if there is no owners’ association or managing cooperative, the residents of the premises must elect a council at a general meeting. Which determines the responsible person - the chairman of the council.

There can be no question of any choice of a senior person in the house

In a situation where the owners of the premises in the house have not independently elected the council of the apartment building and the chairman, the management organization or local administration can get involved in the procedure. Then they appoint them by their decision and, most likely, such a house council will turn out to be more loyal to the management company than to the residents.

A local government body, management company or building council has the right to regulate the rights and responsibilities of the chairman of an apartment building by its regulations.

In Soviet times, this practice was common, and building managers were given the authority to decide on any actions regarding an apartment building. Today, the concept of a house manager has been transformed into a chairman of the house, but the meaning has not changed. He is also entrusted with the authority to defend the interests of premises owners and take an active part in improving the quality of their lives.

How is the election of the house chairman carried out?

The chairman of the house can only be appointed as a result of a vote of the owners of residential and non-residential premises of an apartment building. This can happen by:

• voting in person (at a general meeting);
• absentee (filling out voting sheets).

For the elections to be recognized as valid, the participation of at least 2/3 of the owners is necessary. Tenants are not entitled to participate in voting.

The chairman is elected only from among the owners of apartments in the building. For which it is enough for him to secure at least half the votes . The term of office may be determined individually with the right to extend it by re-election for the next term.

The election and re-election of the chairman of the apartment building takes place during a regular or extraordinary meeting of residents. Each meeting must be recorded.

The protocol will become a document confirming the appointment, as well as establishing the term of office, salary level and list of benefits. At the end of the specified period, the powers of the “house manager” are extended or another is re-elected, usually for 2 years.

Power of attorney

The powers of the owners' representative must be confirmed by an appropriate power of attorney issued by the owners of the premises in the apartment building themselves. This is mandatory if the chairman of the board has the authority to sign management agreements on their behalf. Also the civil code in Art. 182 regulates issues of representation of one citizen on behalf of another (or group of persons). It occurs only on the basis of a power of attorney.

If the owners do not give the “house manager” the authority to conclude transactions, it is not necessary to issue a power of attorney to him.

Sources

• https://irg77.ru/pravo/gosudarstvo-i-pravo/pravila-prozhivaniya-v-dome/
• https://law-divorce.ru/pravila-prozhivaniya-v-mnogokvartirnom-dome/
• https://neuristu.ru/sosedi/pravila-prozhivaniya-v-mnogokvartirnom-dome.html
• https://Oformovich.ru/kvartira/pravila-prozhivaniya-v-mnogokvartirnom-dome.html
• https://ZKHinfo.ru/mnogokvartirnyj-dom/pravila-prozhivaniya
• https://urhelp.guru/nedvizhimost/shum-v-kvartire/nezhelatelnyy-shum-pravila-prozhivaniya-v-mnogokvartirnom-dome.html
• https://pravoznayka.ru/zhile/pravila-prozhivaniya-v-mnogokvartirnom-dome.html
• https://leonmonitor.ru/pravila-povedenija-i-prava-i-objazannosti-zhilcov-mnogokvartirnogo-doma/

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