The balcony railing is the common property of an apartment building. Are the balcony or loggia common property? Documentation is issued in two copies

common property

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BALCONIES, LOGGIES | Constructive decisions balconies | Complete balcony systems | Balconies and loggias | mybiblioteka.su - 2015-2018. (0.108 sec)

Dear Anonymous.

Who owns the balcony?

The common property of the MKD, in which there is also your share, is equipment serving more than one room in the same house(Article 36 of the LC RF). The balcony does not serve more than your apartment. This is your property. But one thing must be kept in mind. It is indicated in subparagraph "c" paragraph 2 of the Rules for the maintenance of common property in apartment building, approved Decree of the Government of the Russian Federation of August 13, 2006 N 491

The common property includes:

a) premises in an apartment building that are not parts of apartments and are intended to serve more than one residential and (or) non-residential premises in this apartment building (hereinafter referred to as common areas), including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, wheelchairs, attics, technical floors (including built-in garages and platforms for motor vehicles built at the expense of the owners of the premises, workshops, technical attics) and technical basements in which there are engineering communications, otherwise serving more than one residential and (or) non-residential premises in an apartment building equipment (including boiler rooms, boiler rooms, elevator units and other engineering equipment);

c) protecting bearing structures apartment building (including foundations, bearing walls, floor slabs, balcony and other slabs, load-bearing columns and other enclosing load-bearing structures);

d) enclosing non-bearing structures of an apartment building serving more than one residential and (or) non-residential premises (including windows and doors of common areas, railings, parapets and other non-bearing enclosing structures);

e) mechanical, electrical, sanitary and other equipment located in an apartment building outside or inside the premises and serving more than one residential and (or) non-residential premises (apartments);

f) the land plot on which the apartment building is located and the boundaries of which are determined on the basis of data from the state cadastral registration, with elements of gardening and improvement;

g) other facilities intended for the maintenance, operation and improvement of an apartment building, including transformer substations, heat points, designed to service one apartment building, collective parking lots, garages, children's and sports grounds located within the boundaries land plot where the apartment building is located.

That is, the floor of the balcony (slab) is a common property. The ladder and hatch are fire-fighting equipment installed for the evacuation of residents.

Good luck. My answer is your feedback.

Most smokers are accustomed to start every morning by smoking a cigarette with a cup of coffee on their balcony, watching the usual scenery along the way. You can see such people in almost any high-rise building. Smoking on your own balcony does not seem surprising or unusual. In addition, this place is very attractive to guests who are also not averse to sipping a second cigarette on the loggia. However, not all residents of the house like this idea, so disputes between neighbors often appear on this basis. So, can you smoke on the balcony of your apartment? Let's figure it out.

Where can you not smoke?

Most people who smoke are sure that no one has the right to forbid them to smoke on their loggia, near the house, in parks or cafes, because a cigarette is an absolutely legal thing, and there should not be any complaints about their use. Of course, there are exceptions like hospitals, gas stations or institutions where children study.

But we must not forget that cigarette smoke that comes from the balcony can penetrate the neighbors' apartments where the children live. Also, cigarette smoke can significantly harm people who have diseases of the respiratory system or those who have recently got rid of this addiction. And if on the street people have the opportunity to simply step aside so as not to be a passive smoker, then in other conditions there is no such opportunity.

In this regard, our government adopted Law No. 15-FZ “On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption” dated February 23, 2013, which clearly defines the list of places where smoking is prohibited. Violators of this law face a fine of 500 to 3 thousand rubles.

From June 1, 2014, the 2nd part of this law was also activated, which states that smoking in multi-storey buildings is prohibited only in public places, namely in:

entrances;

• wheelchairs;

  basements;

  those. floors;

  attics;

  stairwells;

  pantries.

As we can see, the balcony, which is part of a private property, is not mentioned in this list. Let's take a closer look at this topic.

Can you smoke on the balcony of a residential building?

So, given the law, smoking on the balcony of a residential building is allowed, but not in all cases, namely:

1) it is allowed to smoke if the house is wholly owned by you, and in this case there can be no claims against you from the side of the law;

2) it is allowed if the house belongs not only to you, but you smoke exclusively on your own balcony, and nicotine smoke does not harm other residents;

Be that as it may, if you are a smoker, try not to spoil relations with your neighbors over such trifles, because, perhaps, you will still have a situation where you may really need their help in any situation.

Is it allowed to smoke on the entrance balcony?

In the event that access to the balcony is possible only through public premises, for example, through a stairwell or utility room, to which full access is available, then smoking on such a balcony is prohibited. There is some similarity with your own balcony in a high-rise building, that is, although the loggia belongs to you, but if nicotine smoke reaches the neighbors, then by law it is a public place.

Can you smoke on the balcony in the hotel?

Smoking in hotels, as well as in other public places, including balconies, is prohibited in the Russian Federation. On the territory of most of them, in addition to the law, there are also their own restrictions on the internal regulations within a particular hotel. However, many small hotels, in order to avoid the loss of guests, still allocate special smoking areas, sometimes even contrary to the law.

In what cases is smoking on the loggia prohibited?

It must be recalled that the law described above states that smoking on the loggia is possible only when this process does not harm everyone around. If the people next to you have the opportunity to prove that you are causing any harm to their health by your actions, this behavior of a smoking person will be unlawful.

That is, regardless of the fact that you smoke on your territory, the smoke can harm your neighbors, and they have the right to demand that you stop smoking in this place, and, in the end, they will turn out to be right.

How to avoid bad consequences?

Try not to conflict with your neighbors on such an insignificant issue. Don't forget that they have every right to lead healthy lifestyle life, and your actions can limit them in this.

Is the balcony a living area?

The same rule must be observed within your family. Remember that nicotine smoke can significantly harm the health of your loved ones, including children.

How to solve the problem of smoking on the loggia?

If you are a big fan of smoking on the loggia, then the best option will arrange this place in such a way that it fully complies with the law and fire regulations. Thus, if you do not interfere with the people around you, no one will make claims to you.

For this you need:

1) place on your balcony some kind of container for cigarette butts and an ashtray, for your own convenience a chair will not interfere;

2) in order to comply with all fire safety standards, the loggia must have at least minimum funds to extinguish a fire, for example, a container of water;

3) if you have a glazed loggia, build ventilation on it, which will help not only eliminate smoke accumulations, but also get rid of soot accumulations on the balcony.

In such a simple way, you can smoke on your loggia without causing any harm to others.

Is it possible to fight smoking on the loggia?

If you are a non-smoker, and cigarette smoke from a neighbor gives you a lot of inconvenience, the first thing to do in this situation is to talk in a friendly tone. There is no need to immediately rush at him with abuse, because it is quite possible that a smoking person is not at all aware that he is causing inconvenience to someone. Therefore, you do not need to immediately scandal or get angry, try to arrange with him that he smokes in some other place or at hours when your windows are closed.

If it was not possible to amicably solve the problem, then you have no choice but to file a complaint with the housing and communal services. To simplify the task, you can stock up on the support of other neighbors to collect signatures and apply to the local police officer. If the smoker's guilt is proven, he will be fined or reprimanded; there are no other penalties in modern legislation.

In conclusion, I would like to note that, despite the fact that smoking on your own loggia is not prohibited by law, this does not mean at all that a smoking person has the right to spoil the lives of other residents in a multi-storey building. If the smoker does not make any concessions, then the best option is a complaint to the housing and communal services or law enforcement agencies, because every person has the right to a healthy lifestyle. But the best option would be, of course, an amicable settlement of the conflict without the involvement of law enforcement agencies.

If you follow the letter of the law, namely the DECISION of the Government of the Russian Federation of August 13, 2006 N 491 “On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration”, the following conclusion can be drawn:

1) In accordance with subparagraph "c" of paragraph 2 of the Rules, the composition of common property owned by the right of common fractional ownership owners of premises in an apartment building, the enclosing load-bearing structures of the apartment building (including foundations, load-bearing walls, floor slabs, balcony and other slabs, load-bearing columns and other load-bearing structures) are included.
Please note that the legislator did not just indicate a balcony, but indicated the term "balcony slabs" and attributed them to load-bearing structures that are common property.
decorative elements balconies, as well as railings are not load-bearing structures of the house.
2) Part 1 of Article 36 of the Housing Code Russian Federation it is stipulated that the common property in an apartment building includes, in particular, the enclosing load-bearing and non-bearing structures of this house, located in this house outside or inside the premises and serving more than one room.
Please note that we are talking about structures, load-bearing or non-bearing, and serving more than one room.
Thus, building envelopes are the common property of the owners in an apartment building.
(See DETERMINATION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION, OF THE APPEALS BOARD OF THE RF Armed Forces dated January 17, 2012 No. KAS11-789).
It is the balcony slabs that are classified as common property (and not the balcony itself), as providing the strength and stability of the building.
3) The decorative layer, painting and other non-constructive elements of the balcony do not belong to the elements designed to ensure the strength and stability of the entire building.

Is the loggia owned by the tenant?

They are not constructs. balcony slab.
4) At the same time, we recommend that you, as an HOA (HBC, UO), the owners of balconies, be sure to send instructions by mail with notification or on purpose about the need to timely carry out maintenance, painting and repair of their balcony at the expense of the owner as the owner of the property, to prevent littering of the balcony and do not store prohibited substances on it.
5) Works such as waterproofing a balcony, removing debris or snow from a balcony or a canopy of a balcony (loggia), painting a balcony, repairing and painting railings or decor, and other similar works do not apply to work in relation to the common property of an apartment building, which are included in article "maintenance of common property". The owner must carry out the proper maintenance and repair of his property.

Regulatory and judicial acts used in this answer:

Determination of the St. Petersburg City Court dated 30.08.2010 N 11952
Resolving the dispute on the merits, the trial court, guided by the provisions of Article. Art. 30, 36 LC RF, Art. 1064 of the Civil Code of the Russian Federation, Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491, established that the flooding of her apartment indicated by the plaintiff occurred due to a clogged drain hole located on the balcony of the apartment owned by the defendant; there are reasons to believe that the defendant did not properly fulfill the obligation to maintain the object belonging to him real estate, as a result of which he came to a reasonable conclusion that the defendant should be obliged to compensate the plaintiff for the damage caused to her property.

Determination of the St. Petersburg City Court dated August 29, 2011 N 33-13159 / 2011
The damage caused to the car as a result of ice falling from the balcony was recovered from the owner of the apartment to which the balcony belongs, since the balcony is not the common property of an apartment building and the homeowners association has no obligation to properly maintain it, including cleaning it from snow and ice. there was.

Determination of the St. Petersburg City Court dated January 19, 2012 N 33-537 / 2012
The obligation to compensate for damage caused by snow falling from the roof of the balcony lies with the owner of the apartment to which the balcony belongs, since the owner bears the burden of maintaining the premises belonging to him.

Determination of the St. Petersburg City Court dated October 31, 2011 N 33-16197 / 2011
The balcony and the canopy installed on it are not the common property of the house, and therefore the obligation to compensate for damage caused vehicle due to the fall of snow and ice from the visor of the balcony, is the responsibility of the owner of the dwelling.

Thus, in accordance with the concept of common property, defined by paragraph 1 of Art. 36 of the Housing Code of the Russian Federation, balconies, loggias, verandas and terraces related to a specific residential premises are not the common property of the owners of premises in this house.
In a letter of October 12, 2005 N YUT-4272/03 "On the procedure for the formation of tariffs for payment utilities" federal agency for Construction, Housing and Communal Services explained that when providing services related to their (terraces, loggias) maintenance and current repairs, these areas should be accounted for separately and financed at the expense of the owners of residential premises or tenants of residential premises occupied under the contract social recruitment or a lease agreement for residential premises of a state or municipal housing stock. That is, the costs of maintenance and current repairs of balconies, loggias, terraces are covered by specific citizens using these areas. Overhaul of balconies, loggias, verandas, terraces is carried out at the expense of the owners of the premises. The exception is cases when balconies, loggias, verandas and terraces are not part of the apartments and refer to the structural elements of the entrance, stairwells of the building, etc. and can be considered as load-bearing and non-bearing structures of the house serving more than one room.

The costs of their maintenance and repair are included in the amount of payment for the maintenance and repair of housing.
By virtue of paragraph 4 of Art. 30 of the Housing Code of the Russian Federation, the owner of a dwelling is obliged to maintain this premises in good condition, preventing mismanagement of it, to observe the rights and legitimate interests of neighbors, the rules for using residential premises, as well as the rules for maintaining the common property of owners of premises in an apartment building.
(see Ruling of the St. Petersburg City Court of November 13, 2012 N 33-14864/2012)

Balcony or loggia in the apartment: whose property?

Legal aspect - Who owns the balcony?

Since from total area living quarters excluded the areas of balconies, loggias and other verandas, although in the explication of the BTI for an apartment this area is indicated (with coefficients), their belonging hung in the air.

Lawyers are divided. Some argued that balconies, loggias and other unheated premises are common shared property, others - that the exclusion of their areas from the calculation of the total area of ​​the apartment does not mean that the apartment owners have lost their ownership of these premises. After all, when the area of ​​balconies and loggias with decreasing coefficients was included in the total area of ​​the apartment, this did not mean that the owners own only 1/3 or 1/2 of this area.

Not so long ago, the Supreme Court of the Russian Federation, by its decision of November 9, 2011 No. GKPI11-1727, resolved this dispute, establishing that:

Enclosing load-bearing structures, including balcony slabs, are included in the common property as structural parts of the building, providing its strength and stability. Subject to data technical features of these designs, balcony slabs meet the main feature of common property as intended to serve several or all rooms in the house.

Article 36 of the Housing Code of the Russian Federation defines the belonging of premises and other parts of the house to common shared ownership as follows:

1. Owners of premises in an apartment building are owned by the right of common shared ownership common property in an apartment building, namely:

1) premises in this house that are not part of apartments and are intended to serve more than one room in this house, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements, in which there are engineering communications, other equipment serving more than one room in this house (technical basements);

2) other premises in this house that do not belong to individual owners and are intended to meet the social and everyday needs of the owners of premises in this house, including premises intended for organizing their leisure, cultural development, children's creativity, activities physical culture and sports and similar activities;

3) roofs enclosing load-bearing and non-bearing structures of this house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one room;

4) the land on which it is located this house, with elements of gardening and improvement, other objects intended for maintenance, operation and improvement of this house and located on the specified land plot. The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.

(as amended by Federal Law No. 123-FZ of 04.06.2011)

As you can see, in order for property to be classified as common shared property, it must be:

- was not part of the apartment;

- did not belong to a separate owner;

- intended to serve more than one room.

Based on this, the outer walls and load-bearing structures of your apartment, floor, ceiling, communications and ventilation pipes are common shared property. And the space between them (that is, directly, the apartment) is yours.

With a balcony (loggia, etc.) the same story. Balcony slab, fencing, facade wall are common shared property, and the space between them is the property of the owner of the apartment, to which the balcony belongs according to the BTI explication.

This is what conditional ownership looks like.

And it doesn’t matter that the area of ​​the balcony is not indicated in the certificate of ownership, in reality, you use it as a fully-fledged owner, and it has no value apart from the apartment.

Inside this space of yours, you can show all your imagination, if, of course, this does not cause harm. common property but don't forget the Rules and Regulations technical operation housing stock, approved by the Decree of the Gosstroy of Russia dated September 27, 2003 No. 170.

(The article uses definitions from normative documents, as well as partially definitions and drawings from the article by Dubynin N.V. “Balcony or loggia?”, housing construction, No. 7, 2007.)

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BALCONIES, LOGGIES | Structural solutions for balconies | Complete balcony systems | Balconies and loggias | mybiblioteka.su - 2015-2018. (0.095 sec)

Most residential buildings are in poor condition, in order to avoid the destruction of the building and prevent human casualties, it is necessary to repair and restore damaged areas in a timely manner. The balconies in an apartment building are especially in a deplorable state, putting at risk not only the inhabitants of the apartment itself, but also people passing by.

Balcony and repair: at whose expense is it carried out

The question of who should repair the balconies in an apartment building does not have a clear answer, in some articles the housing and communal services are indicated, in others - the residents of the house or the HOA.

Supporting structures are repaired by housing and communal services, these include:

• Walls of a residential building;
• Foundation;
• overlap;
• Enclosing columns and structures.

Properly carried out repairs significantly extend the life of the balcony, and avoid human casualties.

Namely:

1. Strengthening the frame of a reinforced concrete slab will make it possible to make a small place to relax from the loggia;
2. Properly done waterproofing work will prevent the accumulation of moisture, keeping the frame and concrete dry and strong;
3. The installation of double metal-plastic double-glazed windows will make the balcony warm, you can place flowers in it, creating a winter garden, and relax on a rainy day, doing reading or needlework.

Based on the housing code, which indicates that places shared by several families are common, the balcony is private property, therefore, the owners must repair it in an apartment building.

At whose expense the repair of balconies is carried out (video)

Who should repair the balcony in a privatized apartment

Even if an apartment with an emergency balcony is privatized, the repair of the carrier plate and the wall of the house should be handled by the housing and communal services. If the owner of the apartment is engaged in such repair work and buys materials at his own expense, then you need to keep checks and receipts, this will be direct evidence of the money spent.

The owner of a privatized apartment is assigned certain duties that he must comply with:

• Be sure to change damaged windows, window frames, destroyed or damaged doors;
• Insulate the parapet;
• It is necessary to remove destructive factors - mold, rust;
• Balcony openings need to be insulated - this will save not only resources, but also money;
• To paint facades, and cover windows and balcony elements with specialized anti-rotten and anti-corrosion agents;
• Monitor the condition of external fasteners on the balcony.

Housing and communal services, in turn, are obliged:

1. Carry out regular inspections and checks of balconies and load-bearing slabs;
2. If a breakdown or an emergency condition is detected, they must immediately take measures to eliminate them;
3. Conduct safety briefings and proper operation of loggias;
4. Seal the entrance to the emergency area to avoid human casualties.

Having receipts for payment, you can safely demand that housing and communal services fulfill their obligations, which are specified in the housing code, if such requests are ignored, a lawsuit is filed in court, where all statements and evidence of guilt or innocence will be considered.

Who is responsible for the repair of balconies

The owner of the apartment should repair the balconies, and the lower plate - housing and communal services.

In order not to violate the law, it is necessary for all apartment residents to pay monthly expenses for cleaning, repair work on house maintenance, and garbage disposal.

Minor repair work of the carrier plate - if it leaks or small cracks are visible, you can do it yourself, you need to prepare a cement mortar by taking one part of cement and 3 parts of sand, diluted with water to the desired consistency. To prevent the subsequent destruction of the loggia, the owner must make waterproofing. For this, rubber-bitumen mastic or roofing material is used. If the slab is sufficiently severely damaged and reinforcement is visible, you need to clean the areas from dust and dirt, and fill the resulting voids with sand-cement mortar, these simple tricks will help to maintain the condition of the balcony and the carrier slab for a longer time, as well as protect the lives of not only the residents of the apartment, but and people passing by.

Application of housing and communal services for the repair of a balcony: rules for filing

In order for the repair work to be carried out, it is necessary to contact the public utility and write an application addressed to the director of the company, in two copies. The boss is obliged to sign them, and the person leaves one copy for himself, and the second company. In case of refusal, this statement will be direct evidence that there was an appeal to the governing bodies, and it was ignored.

In order for the appeal of residents not to be ignored, it is necessary to recognize the loggia as emergency:

• If the concrete coating is excessively disturbed in it, and it is impossible to fix it with minor repairs on your own;
• There is excessive erosion metal elements and structures;

• When carrying out waterproofing work, the condition of the balcony slab did not improve;
• The eaves are loosened excessively or the railing on the balcony is demolished.

To increase the legal force of his application, the owner must attach photographs showing the damage to the balcony slab in detail, as well as attach written statements of neighbors who are witnesses.

This must be supplemented with an explanatory note, which sets out the requirements of the owner of the apartment, the stated facts and indicates the presence of witnesses.

In case of an unsatisfactory answer, it is necessary to save all the answers received in writing, experts advise to correspond exclusively by registered letters, which are recorded in the post office. After complying with all the rules, and in the case of court proceedings, it will be much easier to prove your case.

If the application and the courts were not followed by the necessary reaction, and repairs were not made, copies of the documents must be submitted to the local or regional administration, and then to the prosecutor's office. In case of repair and restoration work in cash owners, you need to keep documents confirming the purchase of the necessary materials, payment for the work performed, and demand compensation for the entire amount in the management of the housing and communal service.

Who should repair balconies (video)

Knowledge of the housing code, patience and repeated requests for help from management companies will allow you to achieve the desired result and get a properly repaired balcony slab that will withstand serious loads and will serve for many years. If you connect neighbors with identical problems, and constantly remind the housing and communal services of the need to fulfill the agreements specified in the law, you can achieve repair work.

Attention, only TODAY!

The presence of a balcony in the apartment makes it more comfortable and increases market value. The owners are interested in what part of this structure belongs to them, and what part belongs to the common house property. This determines the need for repairs. Let us consider in more detail whether the balcony will be common property or not.

Rice. 1 Scheme that applies to common property in a multi-storey building

A balcony is a platform that stands out from the plane of the facade. It is equipped with a fence, used for location on it in the warm season.

When determining the owner of the structure, one should separate the concepts of a balcony and a base slab. The plate refers to the structures of the bearing nature of a multi-storey, apartment building. This is indicated in the relevant Government Decree. It belongs to public property. Maintaining the proper technical condition, updating the balcony slab, in this case, should be performed not by the owner of the apartment, but by the management company.

Balcony slabs have signs of common property in accordance with the norms of the LCD (Housing Code). They are involved in maintaining the strength, stability of the building and are considered building envelopes.

Who owns the balcony?

By legislative norms clear: balcony slabs are common property, but who is the owner of the balcony in the aggregate of parts. When considering the issue, an analogy is made with the adjacent residential premises.

Rice. 2 Interior decoration and glazing that are not common property

The owner of the apartment does not own the walls, floor, ceiling. Floor slabs are elements of other residential premises. Walls, ceilings are common property, because. serve more than one location.

The owner acquires a space bounded by walls and floor slabs - elements of shared property. He is the owner of the finishes, available decor items.

Legally, ownership of an apartment turns out to be a simplification. It creates certainty without complicating concepts.

The balcony slab, the base of the structure, is the shared property of the apartment owners in the house. The interior balcony space is not shared. It belongs to the specific owner of the premises with access to the balcony.

Rice. 3 If the balcony is enlarged, then permission is required

V common use turn out to be a balcony slab, external walls. In individual use: railings, window block, canopy or roof, installed independently, glazing, insulation, decoration.

This is taken into account in the distribution of responsibilities for the maintenance of property. Management companies are responsible for common house property. They carry out its maintenance and repair in the required volumes.

The owner is responsible for the condition of structures that are in individual use. He must repair the self-installed roof over the loggia, windows and doors facing the balcony structure and other elements. Responsibility for the improvements made lies with the owner of the balcony. He is obliged to ensure safety: to remove snow and icicles from a self-installed visor so that they do not cause damage to anyone or someone's property.

Separately, the use of the outer part of the loggia for placing banners or other advertising structures is considered. Approval and obtaining permission is possible only on general meeting. Unauthorized advertising can only be removed by all homeowners by joint decision.

It is taken into account whether the balcony is part of the common property, and when it is expanded. Since the stove is on the list, the increase in area requires the tenant, who is the owner, to obtain permits. If the enlargement of the balcony structure occurs without expanding the slab, then this will not be the basis for obtaining permits.

Residential five-story buildings are deteriorating, what can we say about their balconies. Completely cracked, destroyed slabs of balconies with clearly visible reinforcement - a picture of late, unfortunately, is not so rare. It is hard to imagine that someone would dare to go out onto such a balcony, because sometimes it becomes scary to pass under it yourself.

The question - who is responsible for the repair of the balcony - the tenant or the housing department (or the management company), arose immediately after the privatization of the apartments by the tenants, since two opposite approaches appeared to who owns the balcony as a result. Some consider the balcony as part of a privatized apartment, while others consider it a component of the facade and, accordingly, the property of the house. And if in the first case the owner of the apartment is responsible for the condition of the balcony, then in the second case the repair is carried out at the expense of the house.

Balcony renovation legislation

Thus, this issue remains controversial to this day, and most likely due to obvious inconsistencies in the legislation. For example, in the Housing Code, balconies are not part of the “common property of owners of premises in an apartment building”, but according to Decree of the Government of the Russian Federation N491 of 2006, which was adopted later than the adoption of the code, balcony slabs, on the contrary, are included in this property.

Let's take a look at the last ruling. Its Rules clearly state that “common property” includes:

• c) load-bearing enclosing structures in an apartment building, including floor slabs, foundations, load-bearing walls, slabs - balcony and others, load-bearing columns and other structures;
• d) non-load-bearing enclosing structures in an apartment building that serve several (more than one) residential and/or non-residential premises(including doors and windows of premises with common use, railings, parapets and other similar structures.

Simply put, in an apartment building, on the rights of common (shared) ownership, the owners of the premises own:

• all balcony slabs, since they are load-bearing enclosing structures (Rules, paragraph 2, paragraph "c");
• balcony doors and windows that have an entrance to a room intended for common use, such as common corridors, stairwells, since they are non-load-bearing enclosing structures serving several (more than one) residential and (and) non-residential premises (Rules of paragraph 2 of paragraph . "G");
• balcony railings that have an entrance to premises that are in common use, since such railings are non-load-bearing enclosing structures that serve several (more than one) residential and/or non-residential premises (Rules, clause 2, paragraph "d");

But the external walls from the side of the balconies, together with their slabs, are classified as common property since they are load-bearing enclosing structures in an apartment building (Rules, clause 2, paragraph “c”).

Summarizing all of the above, we can conclude that the balcony slabs that are included in the plan of the apartment according to the measurement of the BTI (Bureau of Technical Inventory), together with the external wall to which these balconies adjoin, actually belong to the common property in an apartment building. This means that for the owners of the premises they are an object of shared ownership, and the doors, windows and railings of these balconies, respectively, are individual property.

Therefore, when determining who is responsible for the repair of the balcony, it is of decisive importance which element of it needs this repair: “general” or “individual”.

If we are talking about an element of common property, then the basis for making such a decision is the inspection report submitted to the general meeting, drawn up in accordance with the results of inspections of this property, by the board of the HOA and (or) other persons (Rules, paragraphs 13 and 14 ). The decision is made by at least 2/3 of the votes of total number voted.

The list of those services, their frequency and quality provided by the managing organization (or HOA) are directly related to the amount of the fee determined for the maintenance of residential premises, as well as for their repair. It is subject to approval by the owners of premises in an apartment building at a general meeting (in the case of a management company). In the case of an HOA, in accordance with the charter, the amount of the fee is approved by the governing bodies of the HOA.

To carry out the repair of the balcony slab, an application is written (in two copies) addressed to the director of the managing organization. One signed copy remains with him, the other with the applicant. This is an undeniable document that allows you to sue if the claim is not satisfied. To speed up the process, you need to achieve a threat to people.

The unstable structures of residential buildings are crumbling before our eyes. Collapsing and unsafe balconies are a real headache for residents, because it is not clear who is its direct owner, and, accordingly, who should repair the balcony in privatized apartment.

Owner's rights

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The ownership of the balcony is distributed between the owner of the privatized apartment and the housing stock:

• roof, canopy, parapet belong to the owner;
• the load-bearing wall and the protruding slab are the property of the housing and communal services.

Accordingly, provided that the slab is recognized as emergency, the utility service is responsible for its restoration.

In accordance with the current legislation of the Russian Federation, the owner has all the rights to provide housing and communal services with requirements for capital repairs in connection with the emergency condition of the balcony ().

If for some reason the provision of services was denied, and the dilapidated balcony poses a threat to the lives of neighbors and passers-by, then the owner of the apartment can:

• make repairs yourself;
• file a lawsuit to recover the money spent.

During the purchase of building materials and work, it is necessary to keep all receipts in order to have all evidence of expenses incurred.

The duties of the owner of a privatized apartment include:

• replacement of damaged doors, broken windows and window frames;
• strengthening of parapets;
• insulation of balcony openings;
• removal of rust, mold and other natural destructive factors;
• facade painting, coating of balcony elements with anti-corrosion and anti-rotten substances;
• control of the condition of external fasteners inside the balcony.

Obligations of housing and communal services

The owner of the apartment may not doubt his own right to the services of public utilities, because their repair work is carried out at the expense of funds regularly paid by residents to the housing and communal services fund.

Monitoring of the state of balconies of residential buildings should be carried out by employees twice a year - in autumn and spring.

In accordance with No. 170 of September 27, 2003, employees of the housing and communal fund are responsible for the following procedures:

1. Regular checking of balconies and loggias for the appropriateness of their use, the degree of clutter with heavy objects (personal items, furniture, old appliances, firewood, etc.) and keeping them clean.
2. Conducting briefings for owners on the rules and responsibilities in the operation of the balcony.
3. In case of detection of damage to the facade or the internal space of the balcony, employees are obliged to take prompt measures to prevent further deterioration of the emergency situation, to prevent the structure from causing physical damage to life or property of other people.
4. Preventive measures include closing and sealing the entrance to the emergency facility, conducting a preliminary briefing for the residents of the apartment and collecting the necessary data to start repairs under the project.

Who should repair the balcony in a privatized apartment?

As mentioned above, the owner has the legislative right to receive the necessary restoration work from the housing and communal services.

The rules and norms for the technical operation of the housing stock provide for mandatory procedures for the design repair of balconies and loggias.

Balcony slabs as part of the general facade of a multi-storey building are repaired during a comprehensive or selective overhaul, that is, a planned replacement or restoration of selected structural and communicative parts of the house.

Sealing joints between panels, insulation of facade elements, renewal of loggias and balconies are included in the list of repair works (according to federal law No. 185 of July 27, 2007).

Rules and norms for the technical operation of housing

The following preventive measures are required from the owner:

• control of the adhesion density of plaster or concrete to the metal base, in places of delamination, the coating is restored;
• railings and facade elements, flower boxes are periodically treated with water-repellent paint, window frames are painted every 4-5 years;
• it is desirable to insulate with felt or foam rubber around the perimeter of the balcony door;
• the placement of flower boxes should not make major changes to the existing layout of the balcony, in the absence of appropriate external fasteners, the boxes are installed inside.

Procedure

Before contacting the managing organization (MA) with a request to repair the balcony, it is necessary that its condition be recognized as emergency.

The most obvious damage includes:

• violation of the concrete coating layer;
• significant structural corrosion;
• waterproofing of water drainage effluents does not fulfill its functions;
• the eaves, balcony railings are badly shaken or demolished.

Evidence of damage is collected (photos, eyewitness testimony), an application is made with a request for repair and a justification for its need.

Submitting an application to the management company

Scheme of the documentary procedure in 2018:

• to certify the damage must be in the name of the official representative management company submit an application for restoration work of an object in an emergency condition;
• providing up-to-date photographs of the balcony and its emergency sections, their written confirmation by neighbors;
• providing explanatory note with a reasoned justification for the need for repair.

Be sure to mention that the destruction of the balcony carries a potential danger to people's lives.

Documentation is issued in two copies:

• the first one is for the UO;
• the second must remain with the owner of the apartment.

All answers of the official representative are saved, correspondence at all stages of negotiations is recommended to be carried out by registered mail. In the case of court proceedings, this will be the only way to prove the fact of applying to the MA.

If repeated attempts to get a response from the organization were unsuccessful, then it makes sense to send the same package of documents to the local administration, attaching to it a request to consider this problem and take measures to solve it.

In addition, attracting public attention legal organizations and the media is often a good incentive to expedite the processing of a request by officials.

In order to prevent a complete collapse of the structure, and, as a result, material and human losses, the owners carry out repairs on their own.

Having retained all payments for the purchased materials and construction services, they have the right to demand compensation from the managing organization in court.

Frequently asked Questions

Desperate owners of emergency balconies often bear significant material costs during their recovery, assuming that the likelihood of receiving compensation is practically nil.

Stories about the indifference of representatives of housing and communal services and the incompetence of management companies can most often be heard from people who are not aware of most of their rights and opportunities.

Slab collapse

If the slab on the balcony is about to collapse, then who should decide whether it needs to be repaired? Since the stove belongs to the common ownership fund, the decision is made at a general meeting of homeowners in an apartment building.

At the meeting, they must familiarize themselves with the protocol of the inspection of the facility, in which the members of the partnership took part.

The decision is considered adopted if at least 2/3 of the total voted “for”.

Repair of obsolete railings

In what case can I claim for the repair of obsolete railings? If the balcony doors, windows, railings are at the disposal of several owners, then these parts of the balcony are considered public property.

That is, if the balcony is combined for several apartments, then you can apply for the repair of the railing, as is the case with the carrier plate.

Owner or housing department?

The main question of who should repair the balcony in a privatized apartment, if it relates to the total area, has one answer: the housing department is responsible (in accordance with the Rules and Regulations for the technical operation of the housing stock).

Documents are submitted to the house management, for the signature of the director of the organization.

The application specifies:

• scale;
• place of destruction.

The second copy of the papers remains in the hands of the owner of the apartment. The housing department is authorized to repair only the main slab. The parapet and other enclosing elements are not within their competence.

The process of consideration of the application can be accelerated by indicating the degree of accident rate of the structure, its danger. Written confirmation is welcome as soon as possible more neighbors.

Who should bear the costs?

For example, if the hosts decided in 2018 to hold overhaul emergency stove, which is in common property, the residents of the house can jointly choose who to contact for help.

There are two options for managing a multi-storey building:

• apartment owners enter into an agreement with the managing organization on joint planning and repair procedures for property (in accordance with the Housing Code of the Russian Federation);
• the entire responsibility lies with the housing-construction cooperative or other consumer cooperative.

The owners of the living space are its members or, without being a member of the cooperative, conclude an agreement on the joint maintenance of common property (in accordance with clause 2 of the Housing Code of the Russian Federation).