Rus News Journal

What in the house the property of tenants?

We cannot get to a cellar

, tenants 60 - a condominium, participated in share building. A basement at us have constructed with high ceilings (on 1 metre above) and say that it is a ground floor. As it was found out, the company - the builder has sold to its several firms. Now at ours ZHEU a constant problem to get to this cellar where there are all engineering communications. It is necessary to use elevatornymi compartments and for repair of any strut to disconnect water and heating in all house. It is terribly inconvenient. What to do? A leah is at us any rights to a cellar?

Svetlana. Stavropol.

Most likely, the rights to a cellar at you are, and they are broken.

According to item 36 of the Housing code proprietors of apartments posess also so-called general property in the house. The premises intended for access to habitation and for service of apartments and other premises in the house concern it, in particular: interroom ladder platforms, ladders, lifts, liftovye and other mines, corridors, technical floors, attics, roofs. The cellar under the law is considered obshchedomovym property if in it there are engineering communications and (or) other equipment serving more of one premise in the given house (the same item 36 ZHK).

proceeding from it, your basement is the general share property of tenants from the moment of registration of the property right to apartments. Therefore you can safely be converted into court with the requirement to eliminate an obstacle for using a cellar in interests of proprietors of apartments.

  a leah a leah

It is necessary to pay for pridomovuju territory

Prompt, please, it is necessary to redeem the earth under the house or it is possible to lease it at local authorities? Leah is any limiting quotations on it?


do not worry - to tenants pridomovuju the territory should not neither be redeemed, nor to lease. The ground area on which the apartment house is located, FREE OF CHARGE passes in the general share property of owners of apartments (ch. 5 items 16 of the Law About introduction in action of the Housing code of the Russian Federation ).

that tenants became full proprietors and could use in the interests pridomovuju territory, it is necessary to pass a number of procedures. Thus - pay attention! - the law does not limit terms of registration of a site under the house. So statements that free privatisation pridomovyh territories here - here will end also sites should be redeemed, for today are unreasonable.