The purpose of the dwelling and the limits of its use. Russian housing law. Laws on the limits of the use of residential premises

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The use of residential premises for other purposes leads to liability for its owner and proprietor. Legislation outlines the boundaries of its use, as described below.

Legislative regulation

The purpose of the dwelling and the limits of its use are regulated by a mass of regulatory documents, and familiarization with them will help to avoid serious mistakes.

LCD - the basic law in the field of housing law, lists the basic rights and obligations of both the owner and the user of the dwelling, and contains many other provisions.
Civil Code - defines the general rules for the use by citizens of their rights, housing, in particular, gives a definition of housing and the basic criteria for its use.
Code of Administrative Offenses - the basis and limits of liability, options for punishment for committed violations, in particular, the use of residential premises for other purposes.
By-laws of a technical nature, for example, rules for the use of residential premises, its maintenance and repair.
Sanitary and other hygiene standards - determine the degree of danger of a particular activity.

In part, the influence is exerted by judicial practice: the positions of the Supreme Court of the Russian Federation in the resolutions of the Plenums and Reviews of practice.

Features of the use of residential premises

The premises are divided into residential and non-residential, the former are allocated for living, the latter for household or other needs of the house. A dwelling is an isolated space for the personal use of one person or members of his family or those whom he has allowed to move in.

The right to housing is one of the basic human rights, closely related to his other rights, in particular, the right to privacy.

Art. 17 of the Housing Code of the Russian Federation gives the right to limited use of housing in business activities. Restrictions are expressed in two points:

residents must give consent to engage in entrepreneurial and other activities;
the person legally occupies the premises;
the norms of sanitation, hygiene and the rights of other residents-neighbors are not violated.

Prohibition of production activities

The legislation prohibits to engage in industrial activities in an apartment or house. A specific definition of what it is is not given in any legislative act. The basis of the criterion is not an assessment of what the owner or tenant is doing, but how much his actions affect the rights and freedoms of other citizens. For example, in an apartment no one is engaged in any production, but often allows himself to scream or make noise. Noise is considered a violation of the rights of other residents, but does not go beyond the use of the premises.

Thus, the use of residential premises for other purposes and the violation of the rights of other residents are not always the same thing.

What types of business activities are allowed

A striking example is the activity of lawyers who are allowed to organize their offices in residential premises. They receive citizens, advise them, draw up documents. Their activity has an intellectual form.

The same can be said about accountants, software developers and other professionals.

If we talk about manual labor specialists: seamstresses, jewelers, they are also not forbidden to work in residential premises.

In fact, we are talking about whether the infrastructure of the house will suffer from the activities of the entrepreneur, for example, creating excessive voltage in the power grid, excessive load on the drainage system.

Some activities may endanger others. For example, a rehabilitation doctor may well provide some services at home, a virologist is unlikely. The materials he works with are highly hazardous. We must not forget that a dwelling is a building built and equipped for special purposes; it cannot be called universal.

So whether an entrepreneur has the right to use the premises as an office is determined by the specific circumstances, and not by the types of his activities.

Rules for the use of residential premises

By decision of the government (Decree No. 25 of January 21, 2006), the rules for the use of residential premises were adopted. This document applies to owners and users. He elaborates on the content of Art. 17 LCD RF.

It does not matter on what basis housing is received (purchased on the basis of ownership or from the state or from an enterprise or employer organization). The set of rights and obligations is standard.

Their approximate list:

the right of residence belongs to the owner and tenant and their family members and other persons whom they allowed to move in;
moving in of other persons is allowed with the permission of other tenants, with the exception of children who are not yet 18 years old;
renting out the premises is allowed with the consent of other tenants and the owner;
the obligations of the tenant include carrying out current repairs, unless otherwise provided by an agreement with the owner;
the tenant is obliged to pay for utilities and other services in a timely manner;
a resident is obliged to take care of the common property of the owners of the house, take measures to preserve it, inform the owner about their need;
redevelopment and reorganization of the premises of the residential premises is carried out exclusively in the manner prescribed by law.

The use of housing also implies rights. For example, the tenant has the right to demand the provision of proper living conditions. Often, authorities offer housing to citizens who are in need of housing, which are clearly not suitable for this. They either have no normal heating, there is no sewerage, a minimum of compliance with sanitary standards is not ensured.

Given the fact that there is a whole mass of regulatory documents, the rules for the use of residential premises are indicative.

Regularly, co-owners of housing in apartment buildings receive receipts in which there is a line “maintenance and repair of residential premises”. Unknowing people are surprised to know what it is.

The rules for the use of residential premises mostly refer to property for which one owner is responsible. The legislation provides for the rules for the maintenance and repair of common property (Resolution of the Russian Federation of August 13, 2006 No. 413).

The document gives a long list of common property that is considered common.
As a rule, these are equipment and premises that are used in the maintenance of more than one apartment. This includes various engineering networks.

The rules prescribe a minimum list of activities for cleaning and maintaining this property in order. Management organizations are not entitled to provide services less than this minimum.

The rules provide for periodic construction and technical expertise in order to assess the condition of a residential building.

Money for the repair and maintenance of a residential building is taken primarily from the contributions of citizens who are obliged to pay for services on a monthly basis. Citizens eligible for benefits receive subsidies, paying for services only partly out of their own pockets.

Funds for major repairs are also taken from the funds of the owners and the capital construction fund. Initiative owners have the right to choose to accumulate funds outside the fund on a special account. The money collected on it is intended for the repair of one house.

It is not possible to isolate yourself from the obligation to pay the costs of common property. The reason is that by purchasing an apartment, the owner also acquires a share in the common property.

A similar obligation is acquired by the owner of non-residential premises in an apartment building. Thus, the maintenance and repair of a dwelling is both a common and personal responsibility.

What sanctions apply to violators

Legislative norms offer several options for sanctions against violators:

Penalties according to the Code of Administrative Offenses.
Compensation for damages caused to neighbors, other residents, their property.
Deprivation of the right to housing.

Administrative fines

According to the Code of Administrative Offenses, punished:

for violation of the rules for the use of residential premises;
for violation of the rules of maintenance and repair;
unauthorized connection to water supply and sanitation systems;
unauthorized connection to electric and heat networks.

Violations are listed in Art. Art. 7.19-7.22 of the Code of Administrative Offenses.

The first article includes actions for damage to residential premises, their equipment, illegal redevelopment and re-equipment and use of residential premises for other purposes. Little responsibility.

The article for violations of the rules for the maintenance and repair of premises, the procedure for recognizing the impossibility of living in them, the illegal transfer of premises to non-residential, is intended for officials and organizations.

The amount of fines depends on who they are assigned to. Citizens are obligated to pay no more than 4 thousand rubles, officials and organizations pay from 4 to 50 thousand rubles.

The fines are reviewed periodically so that the values described will change over time.

Property liability

Administrative fines - a measure of responsibility to the state, it does not exempt from payment of compensation for property and moral damage. Material losses are paid in full.

In addition, a citizen who has been prosecuted at least three times for violations of housing legislation in an administrative manner may lose his home.

The law refers to repeated violations, in practice, usually 3 times a year are enough. The severity of violations and other circumstances are taken into account.

If he received it from the state, then the contract for the right to use it is terminated through the court, he is evicted without the right to receive other housing.

If housing is privatized, then the law assumes the right of the state to buy it out, and to evict a citizen. The presence of debts or other obligations, if there is a single property for living, deprives the state of the opportunity to sell it, and transfer the rest of the money to the former owner. There is a contradiction in the legislation, and so far it has not been eliminated.

Criminal liability

Articles of the Criminal Code come into force if there is a property damage specified by law, or damage to health (light damage is enough). If there was no transition beyond the Criminal Code, a person is brought only to administrative and civil liability.

Thus, systematic and serious violations of the rules for the use of residential premises in the Russian Federation can have serious consequences.

Changing the purpose of a room

Often, citizens are interested in how to change the purpose of a dwelling: how to make a residential building non-residential. But sometimes the opposite question arises.

A package of documents is submitted to the Department of Urban Development:

documents confirming ownership rights;
a reorganization or re-equipment project issued by a specialized organization;
protocol of the decision of the co-owners of the house;
the conclusion of the interdepartmental commission on the possibility of re-equipment;
documents are submitted to one of the departments (urban planning and property relations).

The system of organs and the set of documentation in the regions are somewhat different.

The procedure for recognizing the premises as residential takes a long time, given the time spent on the preparation and receipt of documents.

Encyclopedia of judicial practice. The purpose of the dwelling and the limits of its use. Use of residential premises (Art. 17 of the LCD)
1. Use of residential premises for their intended purpose

1.1. The residential premises are intended exclusively for the residence of citizens, while violation of the rights and legitimate interests of other citizens legally residing in this residential premises is not allowed.

2. Use of residential premises for other purposes and in violation of the rights and legitimate interests of other persons

2.1. Under the use of residential premises for other purposes is understood the actual transformation of residential premises into non-residential
2.2. Systematic violation of the rights and legitimate interests of neighbors is the repeated, constantly repeated use of a dwelling without respecting the interests of citizens living in this dwelling or house
2.3.1. Hostels can be located in residential apartment buildings, subject to the provisions of Art. 17 and parts 1 and 2 of art. 30 ZhK RF
2.5. The right of the owner of a dwelling in a communal apartment to move in other persons may be restricted at the request of the neighbors, if only its implementation leads to a real violation of their rights, and not for formal reasons of the lack of consent of the neighbors to move in
2.5.1 The consent of all persons living in a communal apartment is a necessary condition for the owner of the premises to move other persons

3. Use of residential premises for professional or business activities

3.1. The owner has the right only to combine living in a residential building with the implementation of professional activities in it
3.2. It is allowed to use residential premises for individual entrepreneurial activities without transferring it to non-residential
3.3. The use of residential premises for state registration of a legal entity at its location does not violate the rights and legitimate interests of other citizens

4. Responsibility for misuse of residential premises and violation of the rights and legitimate interests of neighbors

4.1. For violating the limits of exercising the right of ownership to residential premises, various kinds of sanctions are applied to violators
4.2. Responsibility for improper use of residential premises rests with its owner
4.3. The use of residential premises as office premises may serve as a basis for bringing the owner to administrative responsibility under Part 1 of Art. 7.21 of the Code of the Russian Federation on Administrative Offenses
4.4. The subject of the Russian Federation has the right to establish administrative responsibility for actions that violate the peace and quiet of citizens
4.4.1. The list of actions that violate the peace and quiet of citizens cannot be exhaustive.

Encyclopedia of Judicial Practice
The purpose of the dwelling and the limits of its use. Use of residential premises
(Art. 17 GC)

1. Use of residential premises for their intended purpose

1.1. The residential premises are intended exclusively for the residence of citizens, while violation of the rights and legitimate interests of other citizens legally residing in this residential premises is not allowed.

When considering disputes arising in connection with the exercise by the owner of his powers to own, use and dispose of the residential premises belonging to him, the courts should take into account that the law establishes the limits for the exercise of the right of ownership to the residential premises, which consist in the fact that the owner is obliged to use the residential premises according to purpose, that is, for the residence of citizens (part 1 of article 17 of the Housing Code of the Russian Federation, paragraph 2 of article 288 of the Civil Code of the Russian Federation) to maintain residential premises in proper condition, preventing mismanagement of it, to observe the rights and legitimate interests of neighbors, the rules of the rule, part 4 of article 30, parts 2 and 3 of Article 17 of the LC RF, paragraph 3 of Article 288 of the Civil Code of the Russian Federation.

The courts should take into account that the law establishes limits for the exercise of the right of ownership to a dwelling, which consist in the fact that the owner is obliged: to use the dwelling for its intended purpose, i.e. for the residence of citizens (part 1 of article 17 of the Housing Code Russian Federation, paragraph 2 of article 288

From the clarifications contained in the Decree of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 N 14 () "On some issues that have arisen in judicial practice in the application of the Housing Code of the Russian Federation", it follows that when considering disputes arising in connection with the sale by the owner of their powers to own, use and dispose of their residential premises, the courts should take into account that the law establishes the limits for exercising the right of ownership to residential premises, which consist in the fact that the owner is obliged: to use the residential premises for their intended purpose, that is, for the residence of citizens (Part 1, Article 17 of the Housing Code of the Russian Federation, clause 2 of Article 288 of the Civil Code of the Russian Federation) maintain the residential premises in good condition, prevent mismanagement of them, observe the rights and legitimate interests of neighbors, the Rules and the Rules for maintaining the common property of owners of premises in apartment building (part 4 of article 30 of the RF LC). The use of residential premises for professional activities or individual entrepreneurial activities is allowed subject to the provisions established by Parts 2 and 3 of Art. 17 of the Housing Code of the Russian Federation, paragraph 3 of Art. 288 of the Civil Code of the Russian Federation.

Part 1 of Article 17 of the HC RF, Clause 2 of Article 288 of the rules for the use of residential premises, as well as the rules for maintaining the common property of owners of premises in an apartment building (Part 4 of Article 30 of the HC RF). The use of residential premises for professional activities or individual entrepreneurial activities is allowed subject to the provisions established by Parts 2 and 3 of Article 17 of the HC RF, paragraph 3 of Article 288 of the Civil Code of the Russian Federation.

From the clarifications contained in the Decree of the Plenum of the Supreme Court of the Russian Federation of July 2, 2009 N14 "On some issues that have arisen in judicial practice in the application of the Housing Code of the Russian Federation", it follows that when considering disputes arising in connection with the exercise by the owner of his powers under possession, use and disposal of residential premises belonging to him, the courts should take into account that the law establishes the limits for exercising the right of ownership to residential premises, which consist in the fact that the owner is obliged: to use the residential premises for their intended purpose, that is, for the residence of citizens Housing Code of the Russian Federation, clause 2 of Article 288 of the Civil Code of the Russian Federation), to maintain the premises in proper condition, preventing mismanagement of them, to observe the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of owners of premises in an apartment building (part 4 articles 30 of the LC RF). The use of residential premises for professional activities or individual entrepreneurial activities is allowed subject to the provisions established by Parts 2 and 3 of Article 17 of the HC RF, paragraph 3 of Article 288 of the Civil Code of the Russian Federation.

The above provisions of the law [Part 1 of Art. 17, part 1, art. 30 LCD RF, art. 247 of the Civil Code of the Russian Federation] and the explanations contained in the Decree of the Plenum of the Supreme Court of the Russian Federation indicate that the dwelling is intended for its actual use for its intended purpose, that is, exclusively for the residence of citizens, while violation of the rights and legitimate interests of citizens is not allowed, living in this residential area legally.

As explained by the Plenum of the Supreme Court of the Russian Federation in paragraph 10 of its Resolution of July 02, 2009 N 14 "On some issues arising in judicial practice in the application of the Housing Code of the Russian Federation", when considering disputes arising in connection with the implementation by the owner of his powers to own , use and disposal of residential premises belonging to him, the courts should take into account that the law establishes the limits for exercising the right of ownership to residential premises, which consist in the fact that the owner is obliged: to use the residential premises for their intended purpose, that is, for the residence of citizens (part 1 of article 17 ZhK RF, clause 2, article 288 of the Civil Code of the Russian Federation).

parts 1-3 of article 17

Under the use of residential premises for other purposes based on the provisions of h. h. 1-3 Article. 17 of the Housing Code of the Russian Federation should be understood as the use of residential premises not for the residence of citizens, but for other purposes (for example, using it for offices, warehouses, locating industrial production, keeping and breeding animals), that is, the actual transformation of residential premises into non-residential.

Under the use of residential premises for other purposes, based on the provisions of parts 1 - 3 of Article 17 of the Housing Code of the Russian Federation, one should understand the use of residential premises not for the residence of citizens, but for other purposes (for example, using it for offices, warehouses, locating industrial production, keeping and breeding animals ), that is, the actual transformation of a dwelling into a non-residential one.

Under the use of residential premises for other purposes, based on the provisions of parts 1-3 of Article 17 of the Housing Code of the Russian Federation, one should understand the use of residential premises not for the residence of citizens, but for other purposes (for example, using it for offices, warehouses, locating industrial production, keeping and breeding animals ), that is, the actual transformation of a dwelling into a non-residential one.

Under the use of residential premises for other purposes based on the provisions of hours. 1-3 Article. 17 of the Housing Code of the Russian Federation should be understood as the use of residential premises not for the residence of citizens, but for other purposes (for example, using it for offices, warehouses, locating industrial production, keeping and breeding animals), that is, the actual transformation of residential premises into non-residential.

Under the use of residential premises for other purposes, based on the provisions of parts 1-3 of Article 17 of the Housing Code of the Russian Federation, one should understand the use of residential premises not for the residence of citizens, but for other purposes (for example, using it for offices, warehouses, locating industrial production, keeping and breeding animals ), that is, the actual transformation of a dwelling into a non-residential one.

In accordance with the explanations contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation of July 2, 2009 N 14 "On some issues that have arisen in judicial practice in the application of the Housing Code of the Russian Federation", under the use of residential premises for other than their intended purpose, based on the provisions of parts 1-3 article 17 of the Housing Code of the Russian Federation should be understood as the use of residential premises not for the residence of citizens, but for other purposes (for example, using it for offices, warehouses, locating industrial production, keeping and breeding animals), that is, the actual transformation of residential premises into non-residential.

2.2. Systematic violation of the rights and legitimate interests of neighbors is the repeated, constantly repeated use of a dwelling without respecting the interests of citizens living in this dwelling or house

part 2 of article 1 and part 4 of article 17 of the rules for the use of residential premises (for example, listening to music, using a TV, playing musical instruments at night exceeding the permissible volume, performing repair, construction work or other actions that violated the peace of citizens and silence in night time, violation of the rules for keeping pets, committing hooligan actions against neighbors, etc.).

Decree of the Plenum of the Supreme Court of the Russian Federation of 02.07.2009 N 14 "On some issues that have arisen in judicial practice in the application of the Housing Code of the Russian Federation" in paragraph 39 clarifies that the systematic violation of the rights and legitimate interests of neighbors by the tenant and (or) members of his family with taking into account the provisions of part 2 of article 1 and part 4 of article 17 of the LC RF, their repeated, constantly repeated actions on the use of residential premises without observing the rights and legitimate interests of citizens living in this residential premises or house, without complying with fire safety requirements, sanitary and hygienic, environmental and other requirements of legislation, rules

To the systematic violation of the rights and legitimate interests of neighbors by the tenant and (or) members of his family, subject to the provisions of Part 2 of Art. 1 and part 4 of Art. 17 of the Housing Code of the Russian Federation should include their repeated, constantly repeated actions on the use of residential premises without observing the rights and legitimate interests of citizens living in this residential premises or house, without complying with fire safety requirements, sanitary and hygienic, environmental and other requirements of the legislation, rules for the use of residential premises (for example, listening to music, using a TV, playing musical instruments at night exceeding the permissible volume; performing repair, construction work or other actions that disturbed the rest of citizens and silence at night; violation of the rules for keeping pets; committing against neighbors hooligan actions, etc.).

To the systematic violation of the rights and legitimate interests of neighbors by the tenant and (or) members of his family, subject to the provisions of Part 2 of Art. 1 and part 4 of Art. 17 of the Housing Code of the Russian Federation should include their repeated, constantly repeated actions on the use of residential premises without respecting the rights and legitimate interests of citizens living in this residential premises or house, without complying with fire safety requirements, sanitary, hygienic, environmental and other legal requirements, Rules for the use of residential premises (for example, listening to music, using TV, playing musical instruments at night exceeding the permissible volume; carrying out repair, construction work or other actions that violated the peace of citizens and silence at night; violation of the rules for keeping pets; commission against neighbors hooligan actions, etc.).

The systematic violation of the rights and legitimate interests of neighbors by the tenant and (or) members of his family, taking into account the provisions of part 2 of article 1 and part 4 of article 17 of the Housing Code of the Russian Federation, should include their repeated, constantly repeated actions to use residential premises without observing the rights and legitimate interests of those living in this dwelling or the house of citizens, without complying with fire safety requirements, sanitary and hygienic, environmental and other legal requirements, rules for the use of residential premises (for example, listening to music, using TV, playing musical instruments at night exceeding the permissible volume; production of repair , construction work or other actions that caused a violation of the peace of citizens and silence at night; violation of the rules for keeping pets; commission of hooligan actions against neighbors, etc.).

To the systematic violation of the rights and legitimate interests of neighbors by the tenant and (or) members of his family, taking into account the provisions of part 2 of article 1 and part 4 of article 17 of the rules for using residential premises (for example, listening to music, using TV, playing musical instruments at night in excess of acceptable volume; repair, construction work or other actions that violated the rest of citizens and silence at night; violation of the rules for keeping pets; commission of hooligan actions against neighbors, etc.).

To the systematic violation of the rights and legitimate interests of neighbors by the tenant and (or) members of his family, taking into account the provisions of Part 2 of Art. 1 and part 4 of Art. 17 of the Housing Code of the Russian Federation should include their repeated, constantly repeated actions to use residential premises without respecting the rights and legitimate interests of citizens living in this residential premises or house, without complying with fire safety requirements, sanitary, hygienic, environmental and other requirements of the legislation, rules of use living quarters (for example, listening to music, using a TV, playing musical instruments at night exceeding the permissible volume; performing repair, construction work or other actions that violated the peace of citizens and silence at night; violation of the rules for keeping pets; committing against neighbors of hooligan actions, etc.).

2.3. The use of an apartment that has not been transferred to a non-residential fund as a hotel room or hostel violates the rules for the intended use of residential premises, the legitimate rights and interests of neighbors, as well as fire safety and sanitary and epidemiological safety standards

Since the residential premises were not transferred to non-residential premises in the manner prescribed by law, the implementation of entrepreneurial activities for the provision of hotel services in this apartment is illegal, violates the rights and legitimate interests of neighbors in an apartment building. The court also correctly pointed out that when using an apartment for a hotel, the technical requirements for the organization of the hotel business are not met, including anti-terrorism protection, migration legislation, fire safety legislation, "Sanitary and epidemiological requirements for living conditions in residential buildings and premises ", approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated June 10, 2010 N 64.

The court rightfully concluded that since the said apartment was not transferred to non-residential premises, the use of the apartment as a mini-hotel violates the rights and legitimate interests of an indefinite circle of persons - both residents of the "address" apartment building, and other persons who for one reason or another, they visit this residential building, since other sanitary and hygienic requirements and safety requirements are applied to the premises of hotels, including mini-hotels, while the defendant was allowed to live in her apartment of an unspecified number of persons using public services, not registered at the place of residence.

Under these circumstances, the court rightly concluded that in violation of Art. Art. 209, Civil Code of the Russian Federation, Art. Art. 17 of the Rules for the use of residential premises, the Rules for the provision of hotel services in the Russian Federation, the National Standard of the Russian Federation GOST R 51185-2008, Decree of the Government of the Russian Federation of April 25, 2012 N 390 "On the fire regime" the apartment is used by the defendant for other purposes and violates the rights and legal interests of other owners of residential premises in an apartment building.

paragraph 3 of Art. 288 p. 2 art. 17

It follows from the case materials that the plaintiffs are the owners of the residential premises in the entrance where the mini-hotel (hostel) is located and, due to the location of the mini-hotel, which provides services around the clock, they are forced to endure inconvenience associated with the constant movement of a large number of hostel guests, noise, careless attitude to the common property of the house, which is confirmed by acts drawn up by the residents of the residential building.

Thus, the illegal placement of a hostel in an apartment building violates the rights of the plaintiffs as owners of residential premises, who have the right to demand the elimination of any violation of their rights.

Carrying out business activities for renting furnished rooms to an unlimited circle of people involves the application of other sanitary and hygienic requirements and equipping these premises with additional equipment that is not required in a standard apartment and is necessary to provide consumers with services of adequate quality: a soundproofing system for rooms, fire safety equipment, burglar alarms, means for cleaning and sanitary cleaning of rooms and so on. Failure to comply with these requirements may entail a violation of the rights and legitimate interests of not only the owners of the premises of an apartment building and persons living in the house, but also persons who, for one reason or another, visit this house. Consequently, the use of an apartment that has the status of a dwelling by the owner, as well as by other persons as furnished rooms or for organizing a hostel, that is, for the temporary settlement of foreign citizens on a reimbursable basis, contradicts both paragraph 3 of Article 288 of the Civil Code of the Russian Federation, and paragraph 2 article 17 of the Housing Code of the Russian Federation.

The use by the owner of an apartment belonging to him, as well as by other persons of the apartments provided by him as a hotel room or for organizing a hostel, i.e. for the temporary settlement of foreign citizens on a reimbursable basis, by virtue of the law cannot be considered as the provision of housing for rent, which is why it contradicts both paragraph 3 of Art. 288 of the Civil Code of the Russian Federation, and paragraph 2 of Art. 17 of the Housing Code of the Russian Federation.

The Court of First Instance came to the reasonable conclusion that, in violation of Art. 288 of the Civil Code of the Russian Federation, art. Art. 17 , , Housing Code of the Russian Federation, Rules for the use of residential premises, Rules for the provision of hotel services in the Russian Federation, National Standard of the Russian Federation "GOST R 51185-2008" the apartment is used by the defendants for other purposes. Placing a hostel in this apartment is contrary to the current legislation and violates the rights and legitimate interests of the plaintiff.

According to the provisions of the national standard of the Russian Federation "Tourist services. Accommodation facilities. General requirements. GOST R 51185-2008", approved. By order of Rostekhregulirovanie dated December 18, 2008 N 518-st, collective accommodation facilities include premises with at least five rooms and used by organizations of various organizational and legal forms and individual entrepreneurs to provide accommodation services, namely, hotels, youth hotels (hostels ). At the same time, hotels are understood as enterprises providing accommodation services and, in most cases, catering services, having a reception service, as well as equipment for providing additional services. A youth hotel (hostel) is an enterprise providing accommodation and catering services, which is managed by a non-profit organization; accommodation - in multi-bed rooms, meals - with a limited choice of dishes and / or the availability of equipment for self-cooking; provision of additional services, including entertainment and educational programs, mainly for young people. A room in an accommodation facility is one or more rooms with furniture, equipment and inventory necessary for temporary residence (clauses 2.2, 2.5, 3.2.1, 3.2.5 of the standard).

In the above connection, the use by the owner of an apartment belonging to him as a hotel room or for organizing a hostel, i.e. for the temporary settlement of foreign citizens on a reimbursable basis, by virtue of the law cannot be considered as a rental of residential premises, which is why it contradicts both paragraph 3 of Art. 288 of the Civil Code of the Russian Federation, and paragraph 2 of Art. 17 LCD RF.

Attention

The Supreme Court of the Russian Federation notes that the current legislation does not prohibit placing hostels in apartment buildings, subject to the provisions of the law:

2.3.1. Hostels can be located in residential apartment buildings, subject to the provisions of Art. 17 and parts 1 and 2 of art. 30 ZhK RF

The current legislation does not contain imperative norms prohibiting the placement of hostels in residential apartment buildings.

At the same time, it follows from the content of the disputed paragraph of GOST R 56184-2014 that it must be applied in compliance with the norms of the LC RF, including the norms of Article 17 and parts 1 and 2 of Article 30 of the LC RF, and not contradict them.

2.4. Keeping a large number of pets in an apartment violates the rules for the intended use of residential premises, as well as the rights of residents of the house

The exercise of the rights and freedoms of a person and a citizen should not violate the rights and freedoms of other persons, in connection with which the corresponding right of the owner may be limited at the request of other residents, but only if its implementation leads to a real violation of their rights, freedoms and legal interests, and not for formal reasons of the lack of their consent.

Consequently, the requirement to respect the rights and legitimate interests of neighbors does not mean the need to obtain their consent to rent out premises, but only suggests that such use should not violate their rights and legitimate interests so that there is no infringement of the rights of neighbors when using places common use, as well as obligations for the maintenance and repair of residential premises.

The transfer by the owner of a dwelling located in a communal apartment to other persons under a contract for gratuitous use or on another legal basis is in itself a lawful action, and for such actions, as well as for moving family members of the owner into the dwelling, in a communal apartment the consent of the neighbors is required, since each of the residents is allocated a certain part of the living quarters of the apartment for independent use.

Consequently, the requirement to respect the rights and legitimate interests of neighbors does not mean the need to obtain their consent to lease the premises, but only suggests that such use should not violate their rights and legitimate interests.

Thus, the right of the owner of a dwelling in a communal apartment to move in other persons may be limited at the request of other residents, but only if its implementation leads to a real violation of their rights, freedoms and legitimate interests, and not for formal reasons of their absence. consent.

Attention

There are court decisions that contradict the above approach:

2.5.1 The consent of all persons living in a communal apartment is a necessary condition for the owner of the premises to move other persons

Resolving the stated dispute and refusing to satisfy the claims, the court of first instance proceeded from the fact that the current legislation does not provide for such a restriction on the right of the owner of the residential premises as the need to obtain the consent of the owners of all living rooms in a communal apartment for the owner to move his family members into his room or other persons on the basis of the contract. At the same time, the court pointed out that the right of the owner of a dwelling in a communal apartment to move in other persons may be limited at the request of other residents, but only if its implementation leads to a real violation of their rights, freedoms and legitimate interests, and not according to formal reasons for their lack of consent.

The Judicial Collegium for Civil Cases of the Leningrad Regional Court considers that it is impossible to agree with these conclusions of the court of first instance, since they are based on an incorrect interpretation and application of substantive law.

The owner of a dwelling in a communal apartment has the right to transfer it under a lease to other persons only with the consent of other persons living in this apartment, both tenants and owners of the dwelling, as well as members of their families.

The court concluded that the defendants could only move in with the consent of the plaintiff, the owner of another room in the communal apartment.

The panel of judges agrees with these conclusions of the court of first instance, since they are lawful and justified, corresponding to the actual circumstances of the case.

The arguments of the complaint that the right of the owner of a dwelling in a communal apartment to move in other persons can be limited at the request of other residents only if its implementation leads to a real violation of their rights, freedoms and legitimate interests, the plaintiff's arguments about the wrong behavior of the defendants in everyday life and violation of the plaintiff's rights are not confirmed by anything, the judicial board finds untenable, since they are based on a different misinterpretation of the substantive law and are refuted by the evidence in the case.

3. Use of residential premises for professional or business activities

3.1. The owner has the right only to combine living in a residential building with the implementation of professional activities in it

An owner or other citizen can only combine living in a residential building and carrying out any professional (entrepreneurial) activity, while the provision of social services, accommodation and food services to an unlimited number of people is an independent activity.

The use of residential premises for other purposes is understood as their use not for living, without prior transfer of residential premises to non-residential premises, and the owner or other citizen can only combine living in residential premises and carrying out any professional (business) activity.

An owner or other citizen can only combine living in a residential building and carrying out any professional (entrepreneurial) activity, while the organization of renting furnished rooms to an unlimited number of people is an independent type of activity aimed solely at making a profit from the provision of services.

part 2 of article 17

It should be borne in mind that the law (Part 2 of Article 17 of the HC RF) allows the use of residential premises for professional activities (for example, scientific, creative, advocacy, etc.) or individual entrepreneurial activities without transferring it to non-residential property by citizens legally residing in it (including under a social tenancy agreement), but on the condition that this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the dwelling must meet (fire safety, sanitary and hygienic, etc.).

It must be taken into account that the law (part 2 of article 17

It is allowed to use residential premises for professional activities (for example, scientific, creative, advocacy, etc.) or individual entrepreneurial activities without transferring it to non-residential premises by citizens legally residing in it.

Attention

The owner of a dwelling using it as an office may be held administratively liable (see paragraph 4.4.)

3.3. The use of residential premises for state registration of a legal entity at its location does not violate the rights and legitimate interests of other citizens

The use of residential premises for state registration of a legal entity at the location of a person who has the right to act on behalf of a legal entity without a power of attorney, to which the specified premises belongs by right of ownership, does not indicate that the owner has placed an enterprise, institution and organization in the residential premises belonging to him, as well as the possibility of using the residential premises for the implementation of entrepreneurial activities by persons living in this residential premises. The location of the legal entity (the place of its registration) may not coincide with the actual location of the property complex and production premises of the legal entity.

According to the explanations contained in paragraph 4 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of July 30, 2013 N 61 "On some issues of the practice of resolving disputes related to the reliability of the address of a legal entity", given that the address of a legal entity is determined by the location of its permanent executive body, may differ from the address at which the direct activity of the legal entity is carried out, including economic (production shop, retail outlet, etc.), the registering body is not entitled to refuse state registration on the grounds that the premises or building, address which is indicated for the purpose of communicating with a legal entity, is unsuitable for carrying out the activities of a legal entity as a whole or the type of activity that is indicated in the documents submitted for state registration.

The use of the residential address as the address of a legal entity does not mean that the residential premises are used for the economic activity of the legal entity. Therefore, the indication of residential premises as the address of a legal entity cannot serve as a basis for refusing state registration of a legal entity.

4. Responsibility for misuse of residential premises and violation of the rights and legitimate interests of neighbors

4.1. For violating the limits of exercising the right of ownership to residential premises, various kinds of sanctions are applied to violators

articles 7.21, 7.22

Violation of the limits established by law for exercising the right of ownership to a dwelling entails the application to the owner of various kinds of liability measures provided for by law, for example, administrative in the form of a warning or a fine (articles 7.21, 7.22 of the Code of the Russian Federation on Administrative Offenses), civil law in the form of deprivation of ownership for residential premises (Civil Code of the Russian Federation).

Violation of the limits established by law for exercising the right of ownership to a dwelling entails the application to the owner of various kinds of liability measures provided for by law, for example, administrative in the form of a warning or a fine (articles 7.21, 7.22 of the Code of the Russian Federation on Administrative Offenses), civil law in the form of deprivation of the right ownership of residential premises (Civil Code of the Russian Federation).

Violation of the limits established by law for exercising the right of ownership to residential premises entails the application to the owner of various kinds of liability measures provided for by law, for example, administrative in the form of a warning or a fine (Article 7.21, 7.22, Article 293 of the Civil Code of the Russian Federation, part 5 of Article 29 of the LC RF) .

Violation of the limits established by law for exercising the right of ownership to a dwelling entails the application to the owner of various kinds of liability measures provided for by law, for example, administrative in the form of a warning or a fine (articles 7.21, 7.22 of the Code of the Russian Federation on Administrative Offenses), civil law in the form of deprivation of the right ownership of residential premises (Civil Code of the Russian Federation).

Violation of the limits established by law for exercising the right of ownership to residential premises entails the application to the owner of various kinds of liability measures provided for by law, for example, administrative in the form of a warning or a fine (Articles 7.21, 7.22 of the Code of Administrative Offenses of the Russian Federation), civil law in the form of deprivation of ownership of residential premises (Article 293 of the Civil Code of the Russian Federation).

Violation of the limits established by law for exercising the right of ownership of a dwelling entails the application to the owner of various kinds of liability measures provided for by law, for example, administrative in the form of a warning or a fine (Articles 7.21, 7.22 of the Code of Administrative Offenses of the Russian Federation), civil law in the form of deprivation ownership of residential premises (Article 293 of the Civil Code of the Russian Federation).

4.2. Responsibility for improper use of residential premises rests with its owner

The arguments of the appeal that the apartment was rented out for living, the contract states that she is not entitled to use the apartment for other purposes, and therefore claims must be made against her, are untenable, since it is the owner of the dwelling that is responsible for its maintenance . The owner of the apartment is obliged to control the execution of the contract for the rental of residential premises and the use of this premises in accordance with the rental agreement, i.e. for living. Claims were filed against the defendant as the owner of the residential premises in which activities that violate the rights of the plaintiffs are carried out.

, subparagraph "a" of paragraph 19 of the Rules for the use of residential premises used it not for the residence of citizens, but as an office space of the organization.

The commission of an administrative offense, the correctness of its qualification are confirmed by a protocol on an administrative offense, an act carried out by the State Housing Inspectorate on checking the application of the tenant of the house, an extract from the Unified State Register of Rights to Real Estate and transactions with it about the owner of the apartment of this house, information from the construction and overhaul department of the City Administration on the absence of documents confirming the transfer of residential premises to non-residential premises, other evidence collected in the case.

4.4. The subject of the Russian Federation has the right to establish administrative responsibility for actions that violate the peace and quiet of citizens

The challenged norm of the Code of Administrative Offenses of the Tomsk Region establishes administrative responsibility for disturbing the peace and quiet of citizens, which is expressed in the use of sound-reproducing devices at high volume, including those installed on vehicles, balconies or window sills.

In resolving the application, the court found that the objective side of the above offense is expressed in the use of sound-reproducing devices at high volume, if such use violates the peace and quiet of citizens.

Considering that federal legislation does not establish administrative liability for the use of sound-reproducing devices at high volume that disturb the peace and quiet of citizens, it should be recognized as correct the conclusion of the court that the constituent entity of the Russian Federation in this case, the Tomsk Region, had the right to establish such liability.

Federal legislation does not establish the obligation to observe the peace and quiet of citizens, as well as administrative responsibility for their violation in residential premises at night. At the same time, such regulation does not apply to issues of federal significance, which should be carried out only in the Rules for the Use of Residential Premises and, accordingly, in the Code of Administrative Offenses of the Russian Federation. Protection of the rights and freedoms of man and citizen, administrative and administrative procedural legislation are under the joint jurisdiction of the Russian Federation and Sverdlovsk region(Items "b" and "k" of Article 72 of the Constitution of the Russian Federation, subparagraphs "b" and "k" of Part 1 of Article 24 of the Charter of the Sverdlovsk Region). According to the legal position of the Constitutional Court of the Russian Federation (Determinations of April 8, 2004 N 137-O, of December 1, 2005 N 429-O), the establishment of administrative responsibility outside the scope defined by the Code of Administrative Offenses of the Russian Federation as a subject of jurisdiction of the Russian Federation () , may be carried out by the laws of the constituent entities of the Russian Federation. In exercising this power, the legislator of the Sverdlovsk Region adopted the Law "On Administrative Offenses in the Territory of the Sverdlovsk Region", establishing in Article 37 a ban on disturbing the peace and quiet of citizens in residential premises at night and providing for administrative liability for its non-compliance.

4.4.1. The list of actions that violate the peace and quiet of citizens cannot be exhaustive.

The use of residential premises carried out by a citizen should not violate the rights and legitimate interests of other citizens, in particular neighbors. Citizens, being in their homes, have the right to enjoy peace and quiet both at night and during the day, while the list of actions that violate the peace and quiet of citizens is not exhaustive.

The use of residential premises carried out by a citizen must not violate the rights and legitimate interests of other citizens, in particular neighbors.

Citizens, being in their homes, have the right to enjoy peace and quiet both at night and during the day. Moreover, the list of actions that violate the peace and quiet of citizens cannot be exhaustive.

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Question 141 Residential premises: types, purpose and limits of use, use of residential premises. Housing stock.

The objects of housing rights are residential premises (Article 15 of the LCD). Residential premises are isolated premises, which are immovable property and suitable for permanent residence of citizens (meets the established sanitary and technical rules and regulations, other requirements of the law).

Decree of the Government of the Russian Federation dated January 28, 2006 No. 47 approved the Regulation on recognizing premises as living quarters, residential premises unfit for habitation and an apartment building as emergency and subject to demolition.

total area residential premises consists of the sum of the area of all parts of such premises, including the area of auxiliary premises intended to meet citizens' domestic and other needs associated with their living in residential premises, with the exception of balconies, loggias, verandas and terraces.

Residential premises include (Article 16 of the LCD):

Residential building, part of a residential building;

Apartment, part of an apartment;

Room.

An individually defined building is recognized as a residential building, which consists of rooms, as well as auxiliary premises intended to meet citizens' domestic and other needs associated with their living in such a building.

An apartment is a structurally separate room in an apartment building that provides direct access to the common areas in such a house and consists of one or more rooms, as well as auxiliary premises designed to meet citizens' domestic and other needs related to their living in such a separate room.

A room is a part of a residential building or apartment intended for use as a place of direct residence of citizens in a residential building or apartment.

The dwelling is intended for the residence of citizens (Article 17 of the LCD). It is allowed to use a dwelling for the implementation of professional activities or individual entrepreneurial activities by citizens legally residing in it, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the dwelling must meet. Placement in residential premises of industrial production is not allowed.

The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in this residential premises, neighbors, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the Rules for the use of residential premises (approved by the Decree of the Government of the Russian Federation of January 21, 2006 No. 25).

The right of ownership and other real rights to residential premises are subject to state registration in cases provided for by the Civil Code, the LC and the Law on Registration of Rights to Real Estate (Article 18 of the LC).

The housing stock is the totality of all residential premises located on the territory of the Russian Federation (Article 19 of the LC). Depending on the form of ownership, the housing stock is divided into:

-private housing stock - a set of residential premises owned by citizens and owned by legal entities;

-state housing stock - a set of residential premises owned by the right of ownership of the Russian Federation, and residential premises owned by the right of ownership of the constituent entities of the Russian Federation;

-municipal housing stock - a set of residential premises owned by municipalities.

Depending on the purpose of use, the housing stock is divided into:

-social housing fund- a set of state and municipal housing funds provided to citizens under social rental contracts;

-specialized housing stock- the totality of certain categories of citizens intended for living and provided according to the rules of section IV of the LCD of residential premises of state and municipal housing funds;

-individual housing stock- a set of residential premises of private housing stock that are used by citizens - owners of such premises for their residence, residence of their family members and (or) residence of other citizens on the terms of gratuitous use, as well as legal entities - owners of such premises for the residence of citizens on the specified terms of use ;

-commercial housing stock- a set of residential premises that are used by the owners of such premises for the residence of citizens on the terms of paid use, provided to citizens under other agreements, provided by the owners of such premises to persons for possession and (or) use.

The housing fund is subject to state accounting. The procedure for such accounting is determined by Decree of the Government of the Russian Federation of October 13, 1997 No. 1301. State accounting of the housing stock, along with other forms of its accounting, should provide for technical accounting of the housing stock, including its technical inventory and technical certification, which is accompanied by the issuance of technical passports for residential premises – documents containing technical and other information about residential premises related to ensuring the compliance of residential premises with established requirements.

Question 147 The need to determine the procedure for using residential premises appears, as a rule, in situations where between the owner or tenant and family members (former

§ 2 Limits on the exercise and limitation of rights to residential premises

Chapter 2. OBJECTS OF HOUSING RIGHTS. HOUSING FUND Article 15. Objects of housing rights 1. The objects of housing rights are residential premises.2. Residential premises are isolated premises, which are immovable property and suitable for permanent residence.

Article 15. Objects of housing rights 1. The objects of housing rights are residential premises.2. Residential premises are isolated premises, which are immovable property and are suitable for permanent residence of citizens (meets the established sanitary and

Article 17 Use of residential premises 1. Residential premises are intended for the residence of citizens.2. It is allowed to use the premises for professional activities or individual

Article 33

Article 34

Article 35

article 61 Residential tenant

Article 64

2. Use of residential premises by the owner and members of his family By its nature, housing law is complex in nature, combining administrative law and civil law norms. Moreover, its core is the norms of civil law, since housing

4. Use of residential premises under a social tenancy agreement

Eviction of a citizen whose right to use residential premises has been terminated or who violates the rules for using residential premises

6. Use of living quarters provided by testamentary refusal

51. Use of living quarters provided by testament

54. The amount of payment for the use of residential premises The payment for the maintenance and repair of residential premises is established in the amount that ensures the maintenance of common property in an apartment building in accordance with the requirements of the law (Article 156 of the Housing Code of the Russian Federation).

Neighbors use the property for other purposes

Residents use the premises for other purposes. The residential premises are intended for the residence of citizens, it is not allowed to place industrial production in residential premises and carry out entrepreneurial activities without observing the conditions provided for by the legislation of the Russian Federation (Article 288 of the Civil Code of the Russian Federation, Article 17 of the Civil Code of the Russian Federation).

An example of a lawsuit in the case of misuse of the premises

Parties to the case

So, for example: the decision of the Kuibyshevsky District Court of Irkutsk dated November 17, 2011

From the case materials: The plaintiff, the administration of the city of Irkutsk, in support of the claim for the sale at public auction of residential premises N 17, 18, 19 indicated that the owner of these residential premises is Kress T.A. In December 2009, the residents of house N asked the committee for the management of the Pravoberezhny District of Irkutsk to take action against the owner of these apartments, since Kress T.A. violates their rights, using residential premises for other purposes. In January 2010, specialists from the housing and communal services department found that the owner had redevelopment in apartments No. 17, 18, 19, and the living space was used as a hotel. The administration of Irkutsk did not issue permits for redevelopment. The owner was issued a notice to remedy the violation. In accordance with the decree of the State Housing Control and Construction Supervision Service of the Irkutsk Region, Kress T.A. brought to administrative responsibility for hours. 1, lt 2 Article. 7.21 of the Code of Administrative Offenses of the Russian Federation. The defendant received these instructions and the decision personally, but continues to violate the rights and interests of neighbors, using the premises as a hotel.

Litigation in the case of misuse of the premises

The representative of the plaintiff Kirilchuk H.GN at the hearing supported the claim, insisted on its satisfaction. She explained to the court that the plaintiff is the owner of residential premises intended for permanent residence of citizens, but uses them for other purposes - as a hotel, violating the rights and interests of the owners of other residential premises of an apartment building.

In addition, the defendant made a redevelopment of residential premises in violation of the requirements of sanitary, construction, fire regulations, without obtaining proper approvals and permission from the local government. The defendant was served with an order to restore the premises in their previous form, not executed by the owner, and the defendant was brought to administrative responsibility for unauthorized redevelopment and reorganization of residential premises. Since the redevelopment was made in violation of the SanPiN requirements for residential premises, it is impossible to save the redevelopment, which is why the counterclaims are not subject to satisfaction.

defendant Kress T.A. did not appear at the hearing.

The representative of the defendant Pykhtin A.The. at the hearing the claims are not recognized.

After hearing the parties, examining and evaluating the evidence presented, the court considers the claim of the administration of Irkutsk to be satisfied.

According to the provisions of Art. 15 of the Housing Code of the Russian Federation, the objects of housing rights are residential premises. Residential premises are isolated premises, which are immovable property and suitable for permanent residence of citizens (meets the established sanitary and technical rules and regulations, other requirements of the law).

In accordance with paragraph 2 of part 1 of Art. 16 of the Housing Code of the Russian Federation, an apartment belongs to residential premises. Part 3 of the said article states that an apartment is a structurally separate room in an apartment building that provides direct access to common areas in such a house and consists of one or more rooms, as well as auxiliary use rooms designed to meet citizens' domestic and other needs associated with their living in such a separate room.

In accordance with Part. 1, 2 Article. 209 of the Civil Code of the Russian Federation, the owner has the rights to own, use and dispose of his property. The owner has the right, at his own discretion, to take any actions with respect to his property that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienate his property into the ownership of other persons, transfer to them, while remaining the owner, the rights possession, use and disposal of property, pledge property and encumber it in other ways, dispose of it in another way.

The court found that T.A. Kress, being the owner of the living quarters in a communal apartment, without transferring the premises from the housing stock, uses these residential premises not for their intended purpose, but as a hotel. In addition, the defendant made redevelopment in the apartments in violation of the requirements of sanitary and construction legislation.

According to Art. 17 of the Rules for the use of residential premises, approved by the RF PP N 25, the owner of a residential premises in an apartment building uses the residential premises for their intended purpose and within the limits established by the LC RF.

In accordance with Clause 10 of the Resolution of the Armed Forces of the Russian Federation N 14 "On some issues that have arisen in judicial practice in the application of the Housing Code of the Russian Federation," the law establishes the limits for exercising the right of ownership to residential premises, which consist in the fact that the owner is obliged to: use the residential premises for their intended purpose, that is, for the residence of citizens (part 1 of article 17 of the RF LC, clause 2 of article 288 of the Civil Code of the Russian Federation). The use of residential premises for professional activities or individual entrepreneurial activities is allowed subject to the provisions established by Parts 2 and 3 of Art. 17 LCD RF, p. 3 Art. 288 of the Civil Code of the Russian Federation. Violation of the limits established by law for exercising the right of ownership to a dwelling entails the application to the owner of various kinds of liability measures provided for by law, for example, administrative in the form of a warning or a fine (Article 7.21, Article 7.22 of the Code of Administrative Offenses of the Russian Federation), civil law in the form of deprivation of ownership of residential premises (Article 293 of the Civil Code of the Russian Federation).

Art. 293 of the Civil Code of the Russian Federation states that if the owner of the residential premises does not use it for its intended purpose, then the local government may warn the owner of the need to eliminate the violations, and if they entail the destruction of the premises, also appoint the owner a proportionate period for repairing the premises (paragraph 1). If the owner, after a warning, continues to violate the rights and interests of neighbors or to use the residential premises for other purposes or without good reason does not make the necessary repairs, the court, at the request of the local government, may decide to sell such residential premises at public auction with payment to the owner of the proceeds from the sale minus the costs of the execution of the judgment (paragraph 2).

In accordance with Art. 17 of the Housing Code of the Russian Federation, residential premises are intended for the residence of citizens.

The limits of the use of residential premises have always caused a lot of both theoretical and practical disputes. With the adoption in 2005 of the Housing Code of the Russian Federation, disputes only intensified.

And this is quite understandable, given that the new Housing Code of the Russian Federation in a market economy has fundamentally changed the approach to the legal regulation of the use of residential premises.

As you know, a dwelling has such a property as a designated purpose, which ultimately determines the presence of numerous limits to its use. At the same time, the legislator allows the expansion of the limits of the use of residential premises that go beyond the scope of its purpose.

Of course, the dwelling is intended and suitable for permanent residence of citizens. This is its main target characteristic. In this regard, residential premises should be used only for permanent residence of citizens.

However, the legislation does not exclude the possibility of using residential premises for the purposes of temporary residence (for example, under a rental agreement for specialized residential premises, under a commercial rental agreement, under a gratuitous use agreement, or on other legal grounds (Article 30 of the RF LC))1.

The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in this residential premises, neighbors, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved by the Government of the Russian Federation.

As follows from the Federal Law "Technical Regulations on Fire Safety Requirements" No. 123-FZ, as amended. dated July 10, 2010, electrical installations of buildings and structures must comply with the class of the fire and explosion hazardous zone in which they are installed, as well as the category and group of the combustible mixture.

Cable lines and electrical wiring of fire protection systems, means of ensuring the activity of fire departments, fire detection systems, warning and control of people evacuation in case of fire, emergency lighting on evacuation routes, emergency ventilation and smoke protection, automatic fire extinguishing, internal fire water supply, elevators for transporting units fire protection in buildings and structures must remain operational in a fire for the time necessary to perform their functions and evacuate people to a safe area.

Horizontal and vertical channels for laying electrical cables and wires in buildings and structures must be protected from the spread of fire. In places where cable channels, ducts, cables and wires pass through building structures with a rated fire resistance limit, cable penetrations with a fire resistance limit not lower than the fire resistance limit of these structures should be provided.

Cables from transformer substations of backup power sources to input distribution devices must be laid in separate fire-resistant channels or have fire protection.

Switchboards must have protection that prevents the spread of combustion outside the shield from the low-current compartment to the power one and vice versa.

Cables laid in the open must be flame retardant.

Emergency lighting fixtures on evacuation routes with autonomous power sources should be provided with devices to test their performance when simulating a main power outage. The service life of an autonomous power source must provide emergency lighting on evacuation routes during the estimated time of evacuation of people to a safe area.

Electrical equipment without means of fire and explosion protection is not allowed to be used in explosive, explosive and fire hazardous premises of buildings and structures that do not have additional protection measures aimed at eliminating the risk of an ignition source in a combustible environment.

Explosion-proof electrical equipment may be used in fire hazardous and non-flammable premises, and in explosive premises - provided that the category and group of the explosive mixture in the room correspond to the type of explosion protection of electrical equipment.

Automatic fire extinguishing and fire alarm installations must be installed in buildings and structures in accordance with the design documentation developed and approved in the prescribed manner.

The method of supplying a fire extinguishing agent to the fire seat should not lead to an increase in the fire area due to spillage, splashing or spraying of combustible materials and to the release of combustible and toxic gases.

The project documentation for the installation of automatic fire extinguishing installations must provide for measures to remove the fire extinguishing agent from the room, building and structure after it has been supplied.

Automatic fire extinguishing and fire alarm installations, depending on the algorithm developed during their design, should provide automatic fire detection, supply of control signals to the technical means of warning people about a fire and managing the evacuation of people, control devices for fire extinguishing installations, technical means of controlling the smoke protection system, engineering and technological equipment. Automatic fire extinguishing and fire alarm installations should ensure automatic informing of the personnel on duty about the occurrence of a malfunction in the communication lines between the individual technical means that are part of the installations.

Fire detectors and other means of fire detection should be located in the protected room in such a way as to ensure timely fire detection at any point in this room.

Fire alarm systems must ensure the supply of light and sound signals about the occurrence of a fire to the receiving and control device in the premises of the staff on duty or to special remote warning devices.

Manual fire detectors should be installed on escape routes in places accessible for their inclusion in the event of a fire.

Requirements for the design of automatic fire extinguishing installations and automatic fire alarms are established by this above federal law and (or) fire safety regulations.

Notifying people about a fire, managing the evacuation of people and ensuring their safe evacuation in case of fire in buildings and structures should be carried out by one of the following methods or a combination of the following methods:

1) supply of light, sound and (or) speech signals to all premises with permanent or temporary stay of people;

2) broadcasting specially designed texts on the need for evacuation, evacuation routes, direction of movement and other actions that ensure the safety of people and prevent panic in case of fire;

3) placement and provision of lighting of fire safety signs on evacuation routes during the standard time;

4) inclusion of evacuation (emergency) lighting;

5) remote opening of locks of doors of evacuation exits;

6) providing a connection between the fire post (dispatching room) and the zones for alerting people about a fire;

The internal fire-fighting water supply should provide the standard water flow for extinguishing fires in buildings and structures.

The internal fire water pipeline is equipped with internal fire hydrants in an amount that ensures the achievement of fire extinguishing goals.

According to Art. 23 of the Federal Law of March 30, 1999 No. 52-FZ (as amended on June 25, 2012) "On the sanitary and epidemiological well-being of the population"

residential premises in terms of area, layout, illumination, insolation, microclimate, air exchange, noise levels, vibration, ionizing and non-ionizing radiation must comply with sanitary rules in order to ensure safe and harmless living conditions, regardless of its duration.

I would like to cite a common case from life, described in one of the forums: “Recently I got stuck in an elevator. I press all the buttons - nothing works. I looked around: inside it doesn’t say what number to call the elevator operator. Is this not a violation? And then I had to drum on the doors for a long time and loudly, because the entrance was someone else’s, and I didn’t want to call and ask for help from relatives who are completely on the other side of the city and it’s not known when they can come and rescue me from there.

In this case, the answer is unequivocal - yes, the lack of contact information is a significant violation, since in accordance with the Decree of the Gosgortekhnadzor "On approval of the Rules for the installation and safe operation of elevators", the rules for using the elevator are posted in the cabin and the main landing floor, as well as a plate indicating the phone number for communication with service personnel and emergency services.

Also, in accordance with Art. 10 of the Law of the Russian Federation "On Protection of Consumer Rights" establishes a list of mandatory information that the service provider must provide. The supervisory authority for not providing information about the service provider is Rospotrebnadzor, where you need to send a complaint.

Another example of expanding the limits of the use of residential premises is part 2 of Art. 17 of the Housing Code of the Russian Federation, according to which it is allowed to use residential premises for the implementation of professional activities or individual entrepreneurial activities of citizens legally residing in it, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that residential premises must meet.

At the same time, a number of authors include the activities of doctors in private practice, teachers, writers, scientists, musicians, poets, photographers, artists, auditors, lawyers, tailors, etc. . At the same time, the implementation of such activities has criteria: observance of the rights and interests of neighbors, compliance with the requirements for the level of noise, radiation, etc. .

It should be noted that in addition to professional activities, Part 2 of Art. 17 of the Housing Code of the Russian Federation, as allowed for implementation in a residential area, also includes individual entrepreneurial activity. However, the use of residential premises as an office to accommodate the personnel of a legal entity is still prohibited1. Placement of enterprises, institutions, organizations in residential premises is allowed only after the transfer of such premises to non-residential (clause 3 of article 288 of the first part of the Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ (hereinafter referred to as the Civil Code of the Russian Federation)).

Until May 2002, housing and civil legislation did not provide for the use of residential premises for other purposes at all, i.e. not for civilians. The use of housing for other purposes entailed the corresponding consequences. For example, Art. 98 ZhK RSFSR and art. 293 of the Civil Code provided for the eviction of citizens from residential premises for this offense (a clarification should be made here - the norms of the Civil Code of the Russian Federation continue to apply).

In December 2002 Art. 10 of the earlier existing LCD of the RSFSR was supplemented by two parts, which provided for the possibility of placing a lawyer's office in the living room. Article 21 of the Federal Law of May 31, 2002 N 63-FZ “On advocacy and advocacy in the Russian Federation” (as amended on November 21, 2011), the right of a lawyer to individually establish a lawyer’s office for advocacy is secured (as one of the forms of advocacy formations along with a bar association, etc. ), as well as the right to use residential premises for these purposes. The specified addition to the RSFSR LC did not contain specific instructions on which living quarters occupied by a lawyer and members of his family could be used as a lawyer's office. Consequently, it has become possible to place a lawyer's office not only in a separate apartment, but also in a room in a communal apartment where the lawyer and members of his family live, which significantly worsens their living conditions, and also creates inconvenience for neighbors.

Now, on the basis of part 2 of Art. 17 of the Housing Code of the Russian Federation, the use of housing not for living has become not an exception, but a general rule. In essence, the wording about the possibility of using housing for the implementation of "professional and self-employed activities" hardly has any limits. The only exception is the ban on placing industrial production in residential premises (part 3 of article 17 of the LC RF). This prohibition is contained in the law in order to ensure compliance with the requirements that apply to residential premises. According to V.T. Batychko, edition of part 3 of Art. 17 of the LC RF is not entirely successful, which is explained by the following factors.

Industry refers to the branch of production, covering the processing of raw materials, the development of subsoil, the creation of means of production and consumer goods.

As you can see, the objects where industrial production is prohibited are different: in one case, these are residential buildings, and in the other, residential premises. For this reason, the norms of these articles are interpreted differently. So, for example, on the one hand, A.D. Kulikov defines a ban on the location of industrial production in residential buildings in general, i.e. both in residential and non-residential premises that may be located in such a house.

On the other hand, as A.A. Titov, if guided by the wording of Part 3 of Art. 17 of the Housing Code of the Russian Federation (it is not allowed to place industrial production in residential premises), then, taking into account the norms of Art. 16 of the Housing Code of the Russian Federation, it can be concluded that industrial production can also be located in an apartment building in non-residential premises.

But P.V. Makeev believes that industrial production cannot be located not only in residential premises: a residential building, an apartment, a room, but also in non-residential premises in an apartment building, and in premises that are part of the common property in an apartment building, explaining this by the fact that in Art. 35 of the Town Planning Code of the Russian Federation of December 29, 2004 No. 190-FZ, in a residential and public business area where housing facilities are located: residential and multi-apartment buildings, production facilities (industrial, utility, storage and other production facilities) should not be located.

The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in this residential premises, neighbors, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the Rules for the use of residential premises approved by the Government of the Russian Federation dated January 21, 2006 No. 25 (part 4 of article 17 of the RF Code). From Chapter 2 of Article 10 of these Rules it follows:

As a user of residential premises, the tenant is obliged to:

a) use the residential premises for their intended purpose and within the limits established by the Housing Code of the Russian Federation;

b) to exercise the use of residential premises, taking into account the observance of the rights and legitimate interests of citizens living in residential premises, neighbors;

c) ensure the safety of the residential premises, prevent the performance of work in the residential premises or the commission of other actions that lead to its damage;

d) maintain the proper condition of the living quarters, as well as common areas in an apartment building (apartment), maintain cleanliness and order in the living quarters, entrances, elevator cabins, stairwells, other common areas, ensure the safety of sanitary and other equipment, as well as comply with the requirements of paragraph 6 of these Rules;

e) immediately take possible measures to eliminate the detected malfunctions of the residential premises or sanitary and other equipment located in it, and, if necessary, report them to the landlord or to the appropriate management organization;

e) to carry out current repairs of residential premises;

g) timely pay for housing and utilities. The obligation to pay for housing and communal services arises from the moment the contract for social rental of housing is concluded in accordance with the law;

h) inform the landlord within the terms established by the contract of social rental of residential premises about changes in the grounds and conditions affecting the use of residential premises;

i) to allow, at a pre-agreed time, employees of the landlord or persons authorized by him, representatives of state control and supervision bodies to inspect the technical and sanitary condition of the residential premises, sanitary and other equipment located in it, as well as to perform the necessary repair work ;

j) not to reorganize and (or) re-plan the residential premises in violation of the established procedure;

k) in the event of termination of the right to use the residential premises, to hand over to the landlord in good condition the residential premises, sanitary and other equipment located in it, pay the cost of repairs not made by the tenant of the residential premises, sanitary and other equipment located in it, or make repairs at their own expense, as well as pay off debts for payment of housing and utilities.

In this regard, it should be noted that the provision of Part 4 of Art. 17 of the Housing Code of the Russian Federation has a declarative character, but in reality the new procedure for the use of housing creates the basis for numerous violations of the rights and interests of not only citizens, but also other persons, such as legal entities (organizations), foreign citizens and stateless persons.

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