Tenants of high-rise buildings can soon issue in the property sites at the house
the Head of committee of the State Duma of the legislation Pavel Krasheninnikov has introduced the bill which will facilitate life to millions proprietors of apartments.
Knowing people say what to register the earth under the many-storeyed house in the property - business difficult and expensive. And on occasion to make it it is almost impossible even for the big money. But nevertheless registration of such earth in the property - necessity, therefore as an abbreviation “ TSZH “ has strongly entered into life of the majority of people. And today, perhaps, already there is no proprietor who would not know that to it belong not only square metres in the bought apartment, but also the earth at own entrance.
Today round the earth many-storeyed houses have disputes, quarrels and even are developed the whole fights. To make process of registration of the earth under a high-rise building fast and civilised very necessary and important bill can. It is brought in the State Duma by the chairman of the Duma Committee on the civil, criminal, arbitration and remedial legislation Pavel Krasheninnikov.
Under this bill the proprietor of a premise in an apartment house can independently address in bodies of the state power or local governments with the statement for ground area formation on which, actually, and there is an apartment house.
Why Krasheninnikov`s these amendments so are important? They liquidate very serious legal hole in our legislation.
The matter is that such rights - to make out the earth, under Law article 16 “ About introduction in action of the Housing code of the Russian Federation “ were only at the citizen of which specially on such actions has authorised meeting of proprietors of premises in an apartment house.
But spring of this year this article of the law the decision of the Constitutional court has been recognised by unconstitutional and is cancelled.
such strange picture As a result turned out - if the ground area under a high-rise building has not been issued, measured and registered in time, after coming into force of the Housing code, that is after March, 1st, 2005, it to make it has appeared so difficult that is almost unreal. The main thing - it was necessary to spend general meeting of tenants, under the law considered as joint proprietors of the ground area.
And here it to organise, as practice has shown, it is almost impossible. And that is why. In apartment houses the ground floors are frequently occupied by clinics, savings banks, post offices, shops, drugstores and other establishments, and also small offices. The firms which have bought premises on the ground floors, too under the law proprietors of premises. But they issue the earth at the threshold could not, if though some tenants, let and on the other hand buildings, did not want it. Legally such deadlock bashfully is called as the conflict of interests. From - for it it was necessary to owners of hairdressing salons, drugstores, proprietors of office premises hardly. They had no right without the decision of meeting of hundreds tenants from the top floors to address in municipality, to issue the rights to the earth.
the Constitutional court, cancelling this norm about the consent of meeting of proprietors of a high-rise building, has written down that in legal regulation of a question there was a rupture and there was an inequality. There, where the site has been generated and fixed, - one category, and there where it is not generated earlier, citizens should undergo through very difficult procedure of decision-making of general meeting. And its carrying out at the conflict of interests, for example between proprietors of inhabited and uninhabited premises, or for other reasons practically becomes impossible.
But the Constitutional court not simply recognised norm of a part of 3 articles 16 of the Law “ About introduction in action of the Housing code of the Russian Federation “ unconstitutional, but also has stated the position on this situation. It consisted that is enough the reference of the citizen in body state or local authorities to start the mechanism of formation of the ground area. Now it is made.
Besides, Krasheninnikov`s amendments to the Law “ About the state cadastre of real estate “ fix term of consideration of the statement for formation of such ground area and term of the statement bodies of the state power or local government of the scheme of an arrangement of the ground area on the cadastral plan or a cadastral card. They are necessary for carrying out of cadastral works. Such term if the bill will accept, will make one month. Whether
will suffer at such amendments simple tenants? No. At such amendments of the right of other tenants of the house as share proprietors are not restrained: sformirovanie a site fixes the rights of all tenants and obliges municipal authorities to pay indemnification in case of a house pulling down.