The rules for the use of houses and apartments are established by Decree of the Government of the Russian Federation dated January 21, 2006 No. 25. The document outlines the main restrictions on the methods of using housing, as well as the rights and obligations of the persons living in it.
We will tell you about the basic rules for the use of residential premises in 2019-2020, we will name the circle of persons to whom they apply, and we will analyze Resolution No. 25 and the latest changes made to it.
Document overview
The legislation classifies as residential premises all real estate that is suitable for people’s lives (these are apartments, houses, rooms, etc.). When using objects, certain rules must be followed. Residential premises in an apartment building can not only be owned by a citizen; the law also provides for rent, social rent, etc., but everyone must comply with living standards.
The rules for the use of residential premises in an apartment building in 2019-2020 indicate the requirements for persons who use housing on the basis of:
- social hiring;
- provision of specialized housing (as a rule, these are service apartments provided for the period of work or study, as well as for temporary residence of persons without a roof over their head, refugees, etc.);
- rental of residential premises of housing funds for commercial use (including state, municipal).
Document confirming ownership of an apartment in 2019-2020 - extract from the Unified State Register of Real Estate
Regardless of which of the above categories the tenant belongs to, he must fulfill the following requirements when living in the house:
- Use the home for its intended purpose. For people who use residential premises under a rental agreement, this is often only accommodation. Apartment owners have greater rights and opportunities. They can sell their home, donate it, rent it out, etc.
- Take measures to keep the apartment or other residential premises in good condition.
- Maintain order and cleanliness.
- Pay for the maintenance of the apartment on time. For persons who live in residential premises on a rental basis, payment is made only for the maintenance of the apartment and the provision of utilities. But the owners must also pay certain costs for maintaining the property of an apartment building.
- Routine repairs of premises if necessary. If for tenants it must be within the framework of maintaining the residential premises in a condition suitable for habitation (i.e., refurbishment and reconstruction are not allowed), then apartment owners are free to do repair work in the premises at their own discretion. They can also carry out redevelopment, but such work is subject to further registration with government agencies.
Rules for the provision of hotel services
The procedure for accommodation and residence at the Country Hotel "Baikal"
- The operating hours of the Country Hotel “Baikal” are 24 hours a day.
- According to the checkout time, check-in at the hotel is at 14.00, check-out at 12.00 local time. Clause 13 of the Resolution of April 25, 1997 No. 490 “On approval of the rules for the provision of hotel services in the Russian Federation”
- Hotel reservations are made by telephone, fax and electronic communication. Phone 250-100, fax 250-155, e:mail – Reservations of 4 or more rooms are carried out only upon written request, by any of the above methods.
- When checking into a hotel, the Guest fills out a registration card of the established form.
- Payment for hotel accommodation is charged in accordance with the check-out time, the provisions of this Procedure and the current price list of the hotel. When staying for less than a day, a fee per day is charged regardless of the check-out time. Accommodation at the hotel is provided upon payment by the Guest of an advance payment for accommodation.
- Payment for accommodation and additional hotel services is accepted in cash and non-cash form.
- When paying in cash at the reception and for accommodation, an individual is issued a cash receipt and an invoice of the established form.
- Refunds of previously accepted funds are carried out upon a written application from the client who made the payment in a similar way. If funds were accepted in cash, then the refund is made in cash, subject to the actual availability of funds, at the hotel cash desk. If there is no funds, a refund can be made within 14 days from the date of filing a refund application from the client
- Guaranteed Check-in at the hotel is carried out from 14.00 of the current day, local time. Providing a room before 14.00 is carried out only if the hotel has free rooms ready for occupancy. When booking a room with early check-in from 00:00 to 14:00 hours of the current day, 50% of the cost per day will be charged.
- According to paragraph 6 of the Resolution of April 25, 1997 No. 490 “On approval of the rules for the provision of hotel services in the Russian Federation.” If the consumer is late, in addition to the reservation fee, he is also charged for the actual downtime of the room, but not more than one day.
- If the client checks out earlier than the scheduled date, he is obliged to notify the hotel administration no later than 24 hours before the departure day. Otherwise, the hotel reserves the right to charge 100% of the cost of one night for the actual downtime of the rooms. According to paragraph 20 of the Resolution of April 25, 1997 No. 490 “On approval of the rules for the provision of hotel services in the Russian Federation”
- Also, if the client refuses previously booked additional services, later than 12 hours before the start of the service itself, 100% of the cost of the service is withheld from the client. According to paragraph 20 of the Resolution of April 25, 1997 No. 490 “On approval of the rules for the provision of hotel services in the Russian Federation”
- For additional accommodation of visitors, a fee is charged according to the approved price list of the hotel.
- Accommodation at the hotel is provided upon presentation by the guest of a passport, military ID or other identification of the established form. If the client agrees with the current rules of the hotel and registers the stay, the contract for the provision of hotel services is considered concluded.
- At the end of the period of stay, the Guest is obliged to vacate the room before check-out time (12.00 of the current day); the period of stay is extended only if there is no reservation for this room. If rooms are available, if necessary, the Guest may be provided with another room.
- In case of delay in the guest's check-out, the accommodation fee will be charged in the following order:
- No more than 6 hours after checkout time - hourly payment
- From 6 to 12 hours after checkout time – payment for half a day
- More than 12 hours after checkout time - payment for a full day
- For actual stays of no more than a day, the fee is charged per day, regardless of the check-out time.
- At the Guest's request, unauthorized persons may stay in the hotel from 8:00 to 23:00, subject to registration on the basis of an identity document.
- Additional services at the hotel are provided in accordance with the approved price list. Information about additional services and current prices is available at the reception and in the Guest's room.
- Hotel residents are required to:
- Comply with the rules of residence established at the Baikal Country Hotel;
- Do not disturb other hotel guests, maintain silence and public order in the room and hotel;
- Maintain cleanliness in the room and hotel;
- Eliminate the possibility of infection in the room;
- Strictly observe fire safety rules, preventing fires from occurring;
- In the event of a fire in the room, immediately report it to any hotel employee;
- Pay for the services provided by the hotel on time and in full;
- When leaving the room, close the water taps, turn off the lights, TV, and hand over the room key to the administrator;
- In case of loss or damage to property, reimburse the cost of damage caused to the hotel;
- Hotel residents are prohibited from:
- Leave strangers in the room in your absence, as well as give them the room key;
- Keep animals (birds, reptiles) in the room;
- Take the room key from the hotel;
- Store bulky items, flammable materials, weapons, chemical and radioactive substances, mercury in the room;
- Use electric heating devices in the room, unauthorized connection of telephone devices, faxes and other means of communication;
- Pollute the hotel area. Garbage bins and ashtrays are provided for garbage collection;
- Retune the TV;
- Move furniture and equipment in and out of the room;
- Drink alcoholic beverages in the lobby of the 1st, 2nd and 3rd floors
- According to the price list for accommodation services, children under 4 years old without extra bed and breakfast are free of charge. A children's room and playground are also provided free of charge.
- The hotel administration reserves the right to visit the room without the consent of the Guest in the event of smoke, fire, flooding, as well as in the event of violation by the Guest of these rules of residence, public order, and the procedure for using household appliances.
- The hotel is not responsible for the loss of money, other currency valuables, securities, telephone cards, jewelry and other valuables not deposited in the safe.
- The hotel has the right to terminate the contract for the provision of hotel services unilaterally without refunding payment for accommodation for the current day. or refuse to extend the period of stay if the Guest violates the rules of residence, fails to pay for hotel services on time, or causes material damage to the hotel by the Guest.
- The hotel administration has the right to refuse service and check-in to persons under the influence of alcohol or drugs, as well as in violation of generally accepted norms and rules of conduct, without explaining the reasons for the refusal.
- The book of reviews and suggestions is located in the buyer's corner and is issued at the first request of the Guest (except for persons who are intoxicated). Requirements and complaints are considered by the manager immediately.
Booking conditions
- Room rates include breakfast, payment for accommodation is charged in accordance with the check-out time of 14:00 of the current day, local time; the hotel does not guarantee the readiness of rooms to receive guests before this time.
- If the room is available until 14:00, the guest can be checked in without additional payment. In case of guaranteed reservation of early check-in before 12 o'clock, the payment for accommodation will be charged in the amount of 100% of the cost of the corresponding room for one night of stay.
- In case of delay in check-out, accommodation fees will be charged in the following order: Up to 6 hours, hourly rate;
- From 6 to 12 hours after checkout time – payment for half a day;
- More than 12 hours after checkout time – payment for a full day;
Fire safety rules
When leaving your room, do not forget to turn off the TV, lighting lamps and electric heating devices.
Smoking is prohibited in the hotel premises; smoking in bed is strictly prohibited. Smoking is permitted in a specially designated area designated “Smoking area” (located in the backyard of the hotel).
It is prohibited to store explosive and fire hazardous substances and materials in the room.
We remind you that it is extremely dangerous to cover switched-on floor lamps and table lamps with objects made of combustible materials.
Please do not use electric heating devices (coffee pots, irons, etc.) in the room.
If you arrive at the hotel for the first time, try to remember well the location of exits and stairs, familiarize yourself with the evacuation plan and the location of primary fire extinguishing equipment.
In case of fire in your room:
- Immediately report the incident to the 112 rescue service. If it is not possible to eliminate the source of fire on your own, leave the room and close the door without locking it.
- Be sure to report the fire to the administrator by phone: 250100 or from number 0100.
- Leave the danger zone and act as directed by the administration or fire department.
In case of fire outside your room:
- Immediately report the incident to the 112 rescue service.
- Leave your room after closing the windows and doors and exit the building.
- If the corridors and staircases are heavily smoky and it is not possible to leave the room, you must stay in your room with the windows wide open. A closed and well-sealed door can protect you from dangerous temperatures for a long time. To prevent smoke inhalation, cover cracks and vents with water-soaked towels and bedding.
- Try to inform the administrator by phone: 250100 or from number 0100.
Last changes
Amendments were made to the Decree of the Government of the Russian Federation No. 25 of January 21, 2006 “On approval of the rules for the use of residential premises” in November 2019. Now officially apartments can only be used for the following purposes:
- directly for living in this room;
- for entrepreneurial activity (you can not live by yourself, but rent it out, and in parallel with living, provide any services at home);
- for carrying out professional activities (working from home).
The rules for the use of residential premises, as amended on November 7, 2019, prohibit the following types of activities in such real estate:
- opening of industrial-scale production;
- accommodation of hotels and hostels;
- carrying out religious activities.
Many considered the clause prohibiting the placement of hotels in residential buildings to prohibit the daily rental of apartments. Although the essence of these two phenomena in everyday terms is almost the same, it does not follow from the document that it is prohibited to rent out an apartment for several days.
Hotel services and daily rent of an apartment are different concepts in the legal sense. Hotel services are subject to licensing, while any citizen can rent out an apartment. Therefore, it does not follow from the above regulatory act that it is the rental of apartments on a daily basis that is prohibited. Owners must be able to dispose of property as they wish.
Therefore, despite recent changes in the rules for using apartments, nothing significant has happened for their owners. The changes were required due to the introduction of a ban on placing hostels in residential buildings.
Has a ban on daily rentals of apartments in apartment buildings been introduced in 2019-2020?
Responsibility for violations
For violation of the rules for the use of residential premises, administrative liability is provided under Article 7.21 of the Code of Administrative Offenses of the Russian Federation. Punishment is established for those who mishandle the property of an apartment building (damage housing, equipment), carry out unauthorized reconstruction, or use the premises for other purposes. Either a warning or a fine is provided. Its size is set at 1,000 – 1,500 rubles.
A separate punishment is established for those persons who carry out unauthorized redevelopment of apartments in apartment buildings, without appropriate approval from authorized institutions. The fine for such actions is set at 2,000 to 2,500 rubles.
How to privatize an apartment in 2019-2020 - step-by-step instructions and list of documents
Rules for using residential premises
Advice from lawyers:
1. What is the punishment for violating the rules for using residential premises?
1.1. Hello. According to Art. 7.21 of the Code of Administrative Offenses of the Russian Federation, damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises or their use for other purposes - entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles. Unauthorized redevelopment of residential premises in apartment buildings entails the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles.
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2. I have the following question. My ex-husband registered me as a former relative, but we have a common child who remained registered with him, I filed an appeal so that they would retain the right to use the living quarters, since I have nowhere to go. The Court of Appeal overturned the decision and sent for a new trial according to the rules of the court of 1st instance. Tell me what does this mean? And what are you preparing for?
2.1. Good afternoon The trial court will consider the case from the very beginning. Since your child is registered at this address, you have the right to live with him there until he reaches adulthood.
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2.2. Most likely, your right of residence will be recognized, because... you are a former family member, and the child must be supervised; in 99% of cases, the courts leave the child with the mother.
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3. Please help, the phrase from the Civil Code of the Russian Federation is not entirely clear, can you explain: “The list of persons having the right to use residential premises is included in the description of the subject of the contract for the sale of residential premises. Violation of the condition for including this list in the contract means that the contract was not concluded. Consequently, the general rule on the consequences of the sale of property encumbered with the rights of third parties (clause 1 of Article 460 of the Civil Code of the Russian Federation) does not apply to the contract for the sale of residential premises.
3.1. This means that if the text of the contract for the purchase and sale of residential premises did not include the condition that “there are no persons having the right to use this premises” / “the right to use this premises has...”, then the agreement is considered not concluded .
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3.2. Hello. This means that when concluding a purchase and sale agreement, a mandatory condition is to indicate in the agreement the citizens registered at the time of registration of the transfer of ownership. If this data is not indicated in the contract, the contract may be contested.
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4. According to the 2020 rules, is it necessary to register an Agreement for the free use of residential premises concluded for a period of 5 years? If registration is necessary, where should it be done in Moscow (address, name of institution)? Thanks for the answer.
4.1. Good afternoon, no contracts are registered, the answer is not correct, there is no need to register. With respect to you, Evgeniy Pavlovich Filatov.
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4.2. An agreement for the use of residential premises concluded for a period of at least 1 year is subject to mandatory registration. You can register at any MFC that is geographically closer to you. You can successfully resolve your issue with legal assistance. Thank you for using the site's services!
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5. How to force neighbors in a hostel with privatized living rooms to comply with the following rules in common areas if verbal persuasion does not produce results: - do not use the kitchen as a dining room, living room, or children's room; - do not clutter the corridors with large furniture; - do not charge car batteries in the kitchen; - use the kitchen sink as a washbasin; - do not smoke in common areas.
5.1. — Hello, alas, you definitely won’t be able to FORCE anyone to comply with whatever comes to mind. And you can come to an agreement. Good luck to you and all the best.
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6. What does the owner face for violating the rules for using residential premises specified in Article 30, Clause 4 of the Housing Code of the Russian Federation?
6.1. It depends on what specific violation there was.
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6.2. It all depends on what the violation of the terms of use is. Please clarify your question and then you can give a more complete answer.
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7. There are 3 owners in the apartment, one of them does not comply with the rules for using the living space, wears shoes, smokes, and uses someone else’s dishes. Where and how to contact? He does not have a room allocated in kind because... there are not enough meters for allotment, it just has a few meters and spoils all the other owners. He shouts that he will do repairs in his room, which was not allocated to him by the court!
7.1. Let the district police officer collect material on him and then you go to court to oblige him to follow, for example, hygiene rules.
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8. How to correctly draw up a claim for the rule of use of residential premises and divide the receipt.
8.1. Hello. Drawing up claims is a paid service.
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8.2. Study Article 131-132 of the Code of Civil Procedure of the Russian Federation.
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9. The Plaintiff filed a claim against the Defendant to determine the procedure for using the residential premises. Considering the case, the court established a number of facts of violation by the Defendant of the rules of the hostel and made a decision to evict the defendant without providing another living space. Does the court's decision comply with the principles of civil procedural law? Which articles of the Code of Civil Procedure should I look at? Please tell me!
9.1. How did the court go beyond the requirements?
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9.2. Solve problems yourself. This site is not for these purposes.
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9.3. The court's decision ALWAYS complies with the principles of civil procedural law. In any case, it should match. And you need to look at ch. 1 tbsp. 1-13 of the Code of Civil Procedure of the Russian Federation, well, also those that relate to a court decision, proof, evidence, appeal and much more...
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10. What rules must the homeowner follow before making a decision to deprive the right to use residential premises in court.
10.1. The question doesn't make sense. Formulate a specific question.
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11. I keep 10 quails in one of the rooms of a three-room municipal apartment, I am registered there, but I do not live. Am I violating the rules for using residential premises?
11.1. Of course, the apartment is not designed for keeping poultry.
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12. Neighbors living on social rent do not comply with the rules for using residential premises and common areas. How to influence them, besides contacting the police?
12.1. If they violate any of your rights, then you need to go to court.
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13. My minor daughter has 1/2 in a two-room apartment, and my brother has 1/2, can I sell my daughter’s share without waiting for her to come of age, and if my brother doesn’t want to buy it out, can I just sell it according to the documents, and the new ones Will the residents themselves set the rules for using the living space?
13.1. Good afternoon You can sell the share to your daughter, acting on her behalf. You must notify your brother by telegram of your intentions to sell the share, with a mandatory indication of the price for which you will sell it to third parties.
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14. Clause 4, Article 30 of the Housing Code talks about the owner’s obligation to respect the rights and legitimate interests of neighbors, but to what extent, only in terms of the maintenance of common property, rules for using residential premises, etc. And if the tenant is not the owner (the owner’s son), but creates systematically abnormal living conditions for a neighbor (there are already 10 MC resolutions for noise at night), then is it possible to prosecute the owner for violating the rights of neighbors in this area. Thank you.
14.1. The owner cannot be held accountable; the person who breaks the law bears responsibility.
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15. How to correctly draw up a request to eliminate violations of the rules for using residential premises for subsequent legal action? Are there any mandatory requirements for filing a claim?
15.1. There are no requirements, and in principle it is not required to be drawn up before going to court.
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16. The owners of the apartment, the mother and her children, the ex-husband did not participate in privatization, according to the court decision, the rules for the use of residential premises were allocated to him a room, he pays for it, the parent did not put pressure on the division of property, they divorced 12 years ago, the father does not live with us, he left, he got married but he pays regularly, is it possible for him to register his new wife and in general we want to sell the apartment without him, what amount should we give him?
16.1. It is not necessary to register your father's new wife. And evaluate the apartment at its market value, and give your father a part in its monetary value in the amount that you consider most suitable for your situation.
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17. What document determines the rule for the use of residential premises by a person who had the right to use it at the time of privatization with other family members and gave an agreement for privatization without their participation.
17.1. Hello! Such a right of use is either prescribed in the agreement for the transfer of residential premises in the manner of privatization, or is confirmed by an extract from the house register, from which it follows that at the time of privatization the person was registered at the place of residence in this residential premises, as well as a written refusal of privatization.
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18. An apartment becomes a communal apartment if the court decides on the rules for the use of residential premises and the division of payments - apartment for rent according to one order.
18.1. No, the apartment does not become communal. The division of financial accounts and the determination of the procedure for using residential premises is not the basis for recognizing an apartment as communal.
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19. Is it possible to deprive a neighbor of his apartment for violating the rules for using residential premises (noise, screaming after 23-00)? - Belarus.
19.1. If the apartment is not privatized, then it is possible.
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19.2. As a rule, noise from careless neighbors disturbs not only you, but also other neighbors. Draw up a collective statement with the signatures of all neighbors and take it to your police department. Write all complaints and statements in two copies, keep one copy with a note of acceptance. Make copies of the attached documents and save them. If there is no positive reaction, write a complaint to the city police department. Usually, such persistence produces results and police officers find control over noisy neighbors. If the tenants of a rented apartment are making noise, the first step is to notify the owner of the apartment. He is unlikely to want to continue to deal with those residents who create problems for their neighbors. If appeals and complaints to the police did not help, with all the documents that you have accumulated, go to the magistrate’s court. Evicting someone this way most likely won’t work, but you can scare them.
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20. If one of the apartment owners does not comply with the rules for using the residential premises, what punishment is provided for him?
20.1. Hello, there is an administrative penalty. Art. 7.21 Code of Administrative Offenses (fine up to 2,500 rubles). Wish you luck.
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The appellate court overturned the decision of the first instance court and accepted the case according to the rules of first instance proceedings.
If the court overturns the decision on appeal (the trial court refused to conclude a rental agreement for residential premises)
What documents must be submitted to the court to file a claim to determine the rules for the use of residential premises? (We have 1/4 share in the apartment)
Neighbors on the site (who are not the owners of the apartment) rent it (without drawing up a rental agreement)
Are police officers required to draw up a protocol regarding violation of peace by neighbors, according to the rules for using residential premises?
And if I file a claim with the court to determine the rules for the use of residential premises, the court will be able to award me a large room, under two conditions: 1.
My mother and I have a privatized apartment (8 years old), each owning 1/2 shares.
PLEASE TELL ME IF IT IS OPEN TODAY. DECISION dated September 25, 1985
02/21/12 THE JUDGE OF THE MAGISTRATE MADE A DECISION TO EXPLAIN TO ME ABOUT THE RIGHT OF THIS CLAIM IN THE FRUNZENSKY DISTRICT COURT OF SPb IN ACCORDANCE WITH THE RULES OF JURISDICTION 2.
If I file a claim for recognition as having lost the right to use residential premises, 1.
Municipal 3-room apartment, 1 person lives in 2 adjacent rooms, and 4 people, including 2 children, live in 1 room.
