Common corridors in an apartment building are law. Renovating a common corridor - the power of unity

In apartment buildings, as a rule, there are large common corridors in which the owners would like to install partitions and use this space to their advantage. BN has prepared tips on how to do it legally.

In most cases, residents want to fence off and take advantage of that part of the common hall or corridor that is directly adjacent to the apartment. We note right away that only homeowners have the right to such actions. It is enshrined in Articles 36 and 37 of the Housing Code of the Russian Federation. However, even for owners to exercise their legal right is far from easy: there are many legal nuances.

Where to begin?

Although Articles 36 and 37 of the Housing Code of the Russian Federation state that common property belongs to all homeowners, the first step is to carefully study the charter of the HOA, housing cooperative or an agreement with management company... These documents may reveal that stairs, hallways, attics, basements, adjoining territory and other property was transferred, with the consent of the tenants, to the operational management of the service organization. That is, it has the right to extract income from the operation of such objects. In such a situation, it will be necessary to contact the board of the HOA, ZhSK or UK. Their representatives will determine on what conditions you will be able to install the partition and "cut" the additional area. But, most likely, you will have to pay a monthly rent to use it.

If the managing organization is not assigned the right to promptly dispose of common property, then no one has the right to take payments from the owner for its use (as opposed to the cost of its maintenance). But in the event that the HOA, ZhSK or UK decides that the area of ​​the corridor that you want to fence exceeds the share in the common property that is due to you by law, you will have to pay. How many meters you are entitled to, we will tell you in the second tip.

And, of course, after studying the charter of the HOA, housing cooperative, or a management agreement with the management company, it is advisable to contact these organizations and inform them of their intention to install a partition.

TIP # 1

Often HOA, ZhSK, UK refuses to install a door in a common corridor under the pretext that the allocation of a share in the common property of an apartment building is prohibited by the Civil Code of the Russian Federation. So, having fenced off part of the corridor, you do not become the owner of this area, but get it for use.

We moderate appetites or negotiate with neighbors

If the hall is large enough, then most citizens are tempted to fence off their spaces to the maximum and use it for their own purposes - to place there old furniture, equipment, bicycle, moped, etc. But you must take into account the interests of other residents, who also have the right to use the corridor. According to article 247 of the Civil Code of the Russian Federation, the owner has the right to provide part of the common property houses proportional to the area of ​​the occupied apartment. And if you have "captured" strangers square meters then the rest of the homeowners can make claims and demand monetary compensation or a monthly rent for "surplus" rent. Some principled citizens, especially if they are supported by the leadership of the HOA, ZhSK, Criminal Code, may even sue you.

So be sure to talk with the owners of the nearest apartments and try to make the neighbors your like-minded people. If you can convince them, then they will agree to take on part of the cost of installing the door, and they will be able to fence off a larger area.

BN help

How many square meters in the corridor can be fenced

It is extremely difficult for non-specialists to calculate this figure, which is why conflicts arise. In practice, a number of homeowners' associations and housing cooperatives propose to use the following formula. The total area of ​​the corridor is multiplied by the area of ​​your home. Then the resulting figure is divided by the total area of ​​all apartments on your floor. This will be the size of your "corridor" share. Specific data on all areas can be found in the board of the HOA, ZhSK, UK. However, as noted by Anna Gorbenko, a consultant to the Real Estate Commission of the Society of Consumers of St. Petersburg and the Leningrad Region, this formula, if no agreement with the neighbors is reached, can easily be challenged in court.

TIP # 2

As a rule, the residents of two or three extreme apartments at the end of the common corridor on the same floor agree on the installation of the door. This can significantly increase the size of the area you want to enclose.

We examine the corridor: carefully, counters!

Quite often, conflicts with neighbors arise if you are going to fence off the part of the corridor where the electrical panel is located for all apartments on the floor (without metering devices). In this case, residents who disagree with your plans may refer to the lack of access to common house equipment. But their claims are unfounded: from the point of view of the law, to engage in service electric board only a certified electrician can. And in case emergency situations he only needs to provide access to the equipment.

It is quite another matter if in switchboard there are metering devices. Then providing access to meters is a completely legal requirement of the owners. But here, too, there is a way out, although it will turn around additional spending for you - metering devices can be reinstalled in apartments. There is a cheaper option - to make duplicates from the entrance keys and give them to neighbors, whose counters were outside your door.

The most difficult situation- when there is a fire hydrant in the corridor. Representatives of the fire inspection usually categorically prohibit fencing such objects. But here, too, there is a way out. For example, you can install a door with glass insert, which is easy to break in case of danger and provide access to the fire hydrant.

The problem is easier to solve if there is a concierge at your entrance. Then the spare keys for the door are transferred to him for storage.

TIP # 3

Look carefully around the corridor, note where the switchboard, meters and fire hydrant are located. Try to find a compromise with your neighbors to include these objects in the fenced area

We organize an absentee meeting of owners

If you do not want future litigation with the HOA, ZhSK, UK or other owners who consider the installation of the door illegal, then before installing it, it is necessary to organize a general meeting of owners apartment building... This, of course, will turn out to be a waste of time and nerves for you. On the other hand, if the decision of the meeting comes into force, no one will be able to present any claims to you from now on.

It is necessary to hold a general meeting in absentia, since with the full-time option you are unlikely to collect a quorum (two-thirds of the total number of owners must be present).

The agenda can include not only your specific question, but also other problems that concern residents. You must notify all apartment owners ten days in advance of the meeting. You can do it by registered mail with a delivery notice (which will cost a pretty penny), or post information on the stand on the ground floor. Then, on a certain day, send documents with the text of the questions to other residents, indicating by what date (usually several days) they can express their opinion. After that it is worth walking through the apartments and collecting papers. More than 50% of the votes should be given "for" a positive solution to your question.

TIP # 4

According to the Housing Code, the issue of using common property is decided exclusively at a general meeting of the owners of an apartment building. V otherwise you are breaking the law and must be prepared for the corresponding consequences

According to the Consumer Society of St. Petersburg and the Leningrad Region, about 90% of partitions in common corridors of houses are now installed with some kind of violation of the law. In 30% of cases, their installation was challenged or is now being challenged in court.

So, if you act at your own peril and risk and did not enlist the decision of the general meeting of tenants, be prepared for the fact that at any time you may receive a notification from the HOA, ZhSK or UK with the requirement to dismantle installed door... If you don't, home maintenance organizations can go to court. And if he takes their side, then you will be obliged to eliminate the partition at your own expense. Serious problems can arise if you suddenly want to sell an apartment. The door will have to either be dismantled, or still hold a general meeting of tenants and obtain permission to install the partition after the fact.

Residential buildings and premises periodically need repairs. Sometimes you can get by with cosmetic repairs, and sometimes there is a need for a radical solution to problems, in which case you have to resort to major repairs. Overhaul repairs are much more complicated, time-consuming and more expensive than cosmetic ones, in this case it is often necessary to change bulky structures, such as elevator doors, the elevator cabins themselves, sometimes even stairs, railings, handrails, and lamps have to be replaced. In this case, you cannot do without the help of professionals. In Moscow, St. Petersburg, and others large cities there are many firms providing repair services, the main thing is to choose the right company and correctly correlate the concepts of price and quality. Usually, such firms themselves determine the scale of the repair and coordinate it with the customer. Anything can be repaired without exception, something can be replaced, something can be corrected, it depends on the degree of destruction. Recently, the problem of vandalism has arisen in public places. Only installed lamps or elevator call buttons, apartment bells, can disappear the next day. In this regard, it is recommended to purchase and install anti-vandal structures. But let's start in order:
1. If there is a need to repair the staircase, then there may be several options. If the stairs are cracked, too worn out, which can pose a danger to the life and health of the residents of the house, then they should be replaced. Replacement of modern, iron - concrete, staircase structures, this is a difficult and time-consuming procedure. Repair services for stairs and staircases in Moscow, are provided by such organizations as "Via - Artstroy", "Athena", "Belaya Kalitva". The cost of replacing ladders will range from 70,000 to 90,000 per span. When replacing the stairs, the railings are also replaced with the handrails, this is included in the total cost. But if the stairs are not too worn out and do not pose a threat to the health of residents, then the staircase and the stairs themselves can be covered with ceramic tiles, this is practical and aesthetically pleasing. The tile serves for a long time and gives a pleasant appearance to the stairs, in this case the cost of repairs will be from 1500 to 3000 per sq. m., the price mainly depends on the quality of the tiles used and on the contract hired for the repair.
2. When repairing corridors, it is also effectively used ceramic tile, it is a successful replacement for the previously used dry mixes. During the repair of corridors, it is often necessary to replace old bulbs and fixtures. In this case, it is advised to use energy-saving and vandal-proof bulbs and lamps. Their cost is slightly higher than the cost of similar standard settings, but it justifies itself. Energy costs are significantly reduced and the risk of theft of these appliances is minimized. Energy-saving and vandal-proof bulbs and lamps can be purchased at the LLC "Kaskad" enterprise, while this company provides services for the delivery and installation of electrical appliances. On average, the installation of an anti-vandal lamp together with an energy-saving light bulb in the Russian market will cost from 850 to 970 rubles / piece.
3. If an elevator needs to be repaired, then there are also several options. First of all, lift doors are most often exposed to wear, replacing lift doors is, as well as replacing stairs, a long and time-consuming process. It is recommended to replace the lift doors with steel modules with anti-vandal installation, this will significantly extend the useful life of standard lift doors. Lift doors can also be made with a fireproof coating, in which case the cost of the doors themselves and their installation will be higher. The average cost of standard lift doors in Russia is from 13,000 to 15,000 rubles, its installation will cost about 7,000 rubles, the cost of delivery is the standard 25-35 rubles. for every kilometer of delivery.
4. Repair of elevator platforms in terms of content and price is similar to the repair of staircases. When repairing elevators, it is often necessary to replace or install elevator call buttons. Here one cannot do without an anti-vandal blocking installation, since it is such little things that often become the prey of vandals, which is why residents have to endure a lot of inconveniences. The average purchase price of an elevator call button with an anti-vandal installation is about 250-500 rubles. /PCS. Firms offering such buttons usually provide services for their installation, the cost of which ranges from 200 to 350 rubles. In Moscow, such services are provided by the company Electro-Impulse.
5. Such a small but necessary detail as an apartment bell is often subject to replacement. At the moment, there are many models of apartment bells on the Russian market, these are wireless calls, and intercoms, and standard electromechanical calls, but it is most advisable to purchase all these models in vandal-proof design, as already mentioned above. The cost of such calls ranges from 1500 to 3000. Their installation is not difficult and can be carried out independently, but if the call is modified and requires special handling, you should seek professional help. The cost of such a service ranges from 100 to 1200 rubles.
6. Trash loading valves are often repaired or completely replaced. It is a necessary element in every apartment building... A reliable loading valve must not leak bad smell and insects in the room. It is necessary to carefully monitor the serviceability of this structure, since it is she who provides the general hygiene of the house. If the loading valve is not being repaired, it should be replaced. First of all, it is necessary to decide which valve to replace the old design with, since there are 2 main models of loading valves, this is a traditional valve - a bucket, which is more often subject to malfunctions and seizures, this is due to its design feature, which is based on rivets. The second model is a conceptually new solution, a valve-hatch, it works on the basis of a magnetic-pull system, which provides complete isolation, such a valve needs repair much less often, its useful life is much longer than that of a traditional valve. The boot trash valve - hatch can be purchased at the price of 5900 rubles, while the cost of the valve - hatch is 2200 rubles. The cost of installation in both cases is approximately the same, it ranges from 1000 to 1200 rubles, depending on the chosen company.
Repair is always serious, it brings a lot of trouble and inconvenience, in order to reduce all problems to a minimum, you need to carefully consider the choice of the contract for the work.

More details about the repair.

In most cases, residents want to fence off and take advantage of that part of the common hall or corridor that is directly adjacent to the apartment. We note right away that only homeowners have the right to such actions. It is enshrined in Articles 36 and 37 of the Housing Code of the Russian Federation. However, even for owners to exercise their legal right is far from easy: there are many legal nuances.

Where to begin?

Although Articles 36 and 37 of the Housing Code of the Russian Federation state that common property belongs to all homeowners, the first step is to carefully study the charter of the HOA, housing cooperative, or an agreement with a management company. From these documents, it may become clear that the stairs, halls, attics, basements, adjoining territory and other property were transferred, with the consent of the tenants, to the operational management of the service organization. That is, it has the right to extract income from the operation of such objects. In such a situation, it will be necessary to contact the board of the HOA, ZhSK or UK. Their representatives will determine on what conditions you will be able to install the partition and "cut" the additional area. But, most likely, you will have to pay a monthly rent to use it.

If the managing organization is not assigned the right to promptly dispose of common property, then no one has the right to take payments from the owner for its use (as opposed to the cost of its maintenance). But in the event that the HOA, ZhSK or UK decides that the area of ​​the corridor that you want to fence exceeds the share in the common property that is due to you by law, you will have to pay. How many meters you are entitled to, we will tell you in the second tip.

And, of course, after studying the charter of the HOA, housing cooperative, or a management agreement with the management company, it is advisable to contact these organizations and inform them of their intention to install a partition.

We moderate appetites or negotiate with neighbors

If the hall is large enough, then most citizens are tempted to fence off their spaces to the maximum and use it for their own purposes - to place old furniture, equipment, a bicycle, a moped, etc. there. But you must take into account the interests of other residents, who also have the right to use the corridor. According to article 247 of the Civil Code of the Russian Federation, the owner has the right to provide for use a part of the common property of the house, proportional to the area of ​​the apartment he occupies. And if you "captured" other people's square meters, then the rest of the home owners can make claims and demand monetary compensation or monthly rent for "surplus". Some principled citizens, especially if they are supported by the leadership of the HOA, ZhSK, Criminal Code, may even sue you.

So be sure to talk with the owners of the nearest apartments and try to make the neighbors your like-minded people. If you can convince them, then they will agree to bear part of the cost of installing the door, and it will be possible to fence off a larger area.

We examine the corridor: carefully, counters!

Quite often, conflicts with neighbors arise if you are going to fence off the part of the corridor where the electrical panel is located for all apartments on the floor (without metering devices). In this case, residents who disagree with your plans may refer to the lack of access to common house equipment. But their claims are unfounded: from the point of view of the law, only a certified electrician can handle the maintenance of an electrical panel. And in case of emergency, he only needs to provide access to the equipment.

It is quite another matter if there are metering devices in the switchboard. Then providing access to meters is a completely legal requirement of the owners. But here there is also a way out, although it will result in additional expenses for you - metering devices can be reinstalled in apartments. There is a cheaper option - to make duplicates from the entrance keys and give them to neighbors, whose counters were outside your door.

The most difficult situation is when there is a fire hydrant in the corridor. Representatives of the fire inspection usually categorically prohibit fencing such objects. But here, too, there is a way out. For example, you can install a door with a glass insert, which is easy to break in case of danger and provide access to a fire hydrant.

The problem is easier to solve if there is a concierge at your entrance. Then the spare keys for the door are transferred to him for storage.

We organize an absentee meeting of owners

If you do not want future litigation with the HOA, ZhSK, UK or other owners who consider the installation of the door illegal, then before installing it, it is necessary to organize a general meeting of the owners of the apartment building. This, of course, will turn out to be a waste of time and nerves for you. On the other hand, if the decision of the meeting comes into force, no one will be able to present any claims to you from now on.

It is necessary to hold a general meeting in absentia, since with the full-time option you are unlikely to collect a quorum (two-thirds of the total number of owners must be present).

The agenda can include not only your specific question, but also other problems that concern residents. You must notify all apartment owners ten days in advance of the meeting. This can be done by registered mail with delivery notification (which will cost a pretty penny), or by posting information on the stand on the ground floor. Then, on a certain day, send documents with the text of the questions to other residents, indicating by what date (usually several days) they can express their opinion. After that it is worth walking through the apartments and collecting papers. More than 50% of the votes should be given "for" a positive solution to your question.

According to the Consumer Society of St. Petersburg and the Leningrad Region, about 90% of partitions in common corridors of houses are now installed with some kind of violation of the law. In 30% of cases, their installation was challenged or is now being challenged in court.

So, if you act at your own peril and risk and did not secure the decision of the general meeting of tenants, be prepared for the fact that at any time you may receive a notification from the HOA, ZhSK or UK with the requirement to dismantle the installed door. If you don't, home maintenance organizations can go to court. And if he takes their side, then you will be obliged to eliminate the partition at your own expense. Serious problems can arise if you suddenly want to sell an apartment. The door will have to either be dismantled, or still hold a general meeting of tenants and obtain permission to install the partition after the fact.

Text: Svetlana Kovalenko Photo: Alexey Alexandronok

A common corridor is the face of every communal apartment. And not only - after all, such corridors, different forms and sizes are found in almost all apartment buildings. His appearance directly depends on who lives there. He is an indicator of relationships, financial situation and worldview of residents. This common area is used by everyone. Shoes, outerwear, bicycles and baby carriages - you never know what can be in the common corridor ...

As a rule, the repair of a common corridor is done several times less often than in each apartment separately. This is due to the fact that during the repair you need to clean up all things, agree among themselves about who and where will buy materials for the repair, what materials they will be, help each other and share costs, and look for a compromise in the choice of colors. Among other things, you need to find the tools you need to repair. An analogy can be drawn here with the construction of the Tower of Babel. It is possible only as long as all participants speak the same language.

Perhaps the history of our renovation in the common corridor will be useful to you.

Initially, we understood that overhaul we can’t pull it. Firstly, it is a very expensive and, secondly, a lengthy process. We chose modest redecorating, by agreement with neighbors. Materials for the repair were collected together. We purchased linoleum and perforated corner... From our repair, we still have plaster and cement with sand, as well as plinth, putty and polyurethane foam. Neighbors provided a special electric mixer for cooking mortars and mixtures, screws and dowels. We are our screwdriver and impact drill. Neighbors - wall paint. And we have found a color scheme for her.

We started by removing all the things from the corridor. Then they thoroughly swept the ceiling: we were not going to touch it. Spatulas removed peeling paint from the walls, removed peeling plaster. All the cracks were putty, plastered and cemented all the crumbling sections of the walls and ceiling. Brought all the jambs under the "corner". Let it all dry. Then - sanded with a sandpaper.

Replaced old lamps with new lamps daylight(Fortunately, we had plenty of them - they remained after the culinary workshop!) In replacing the lamps, special thanks go to the neighbors! We couldn't do it on our own.

At the invitation of the housing office, the electricians removed the old unnecessary and non-working electricity meter. (New hung on common kitchen). Under the guise, we all together changed the doors to our apartments. Then they swept out and thoroughly washed the old wooden plank floor, letting it dry.

Wall paint - acrylic, turned out to be very high quality, it not only lay well even on the old oil paint, but also perfectly holds, does not stain clothes, does not wash. Among other things - I recommend it to everyone - as it is completely odorless. Two cans of simple poster gouache served as a color scheme for us. If your children draw, you will not need to buy a special color scheme. The paint was applied with two fur rollers: large and small. In order for the edge of the painted wall to be even, scotch tape was previously glued.

Slots in wooden floor flooded polyurethane foam... They let it dry and carefully cut off the excess. The linoleum was spread out and cut off. A day later, they cut it again - everything was according to the classical scheme. Then - the plinth was fixed, at the entrances to the rooms - the linoleum was fixed with strips of aluminum thresholds.

The budget for the renovation of the common corridor turned out to be modest, and the result was simply remarkable. You enter, and you immediately feel - here the neighbors respect and appreciate each other.