- these are some of the basic rights, guaranteed by the state and the Constitution. Without their implementation it is impossible full life. They confirm that any person has the right to have his own home, and no one can arbitrarily deprive him of this right. In addition, the exercise of housing rights implies that a person is free to dispose of his property himself, as well as to protect it if necessary (for example, in the event of unauthorized entry).

The basis of housing rights is the Constitution and the Housing Code. Besides them, individual issues housing policy regulated by the Civil and Tax Code, as well as certain by-laws– for example, the law “On Privatization”, federal target programs, etc.

What are housing rights

Article 40 of the Constitution stipulates that housing rights must be supported government agencies and organs local government. The citizen must be provided with all conditions for successful implementation these rights.

The same article provides for the right to assign low-income citizens affordable and free housing – in in this case we're talking about O . Thus, it is proclaimed that the state takes care of certain categories citizens. Thus, by-laws establish the rules for transferring apartments for free use to individual social groups– disabled people, veterans, orphans, etc.

However, housing rights are not only the right to own and dispose of an apartment, house or other real estate. The Constitution stipulates that no one can be forcibly and arbitrarily evicted from his home, has the right to protection from criminal attacks– mainly illegal entry.
In addition, if it is detected fraudulent activities the owner of the home has the right to go to court and obtain justice.

Realization of citizens' rights to housing

The exercise by citizens of their rights to housing is not limited only to the possibilities of buying and selling real estate and the right to protect property. So, Russians have the right:

• permanent use of residential premises on the terms of their acquisition of ownership rights to it or upon concluding an agreement social hiring;
• sell, donate, exchange, leave their living space as an inheritance;
• pledge an apartment;
• receive commercial benefits from the use of real estate (in other words, rent it out);
• provide your living space for use by family members and third parties (i.e. register people in your apartment);
• improve living conditions by carrying out repairs, reconstruction, (if this does not violate sanitary standards and neighbors' rights);
• demand compensation for damage to property by third parties;
• to replace your home if it is considered dilapidated for habitation (this responsibility is assigned to the municipality).

How to defend your housing rights

Your apartment is flooded. How to properly stop this process, and subsequently fully compensate for the resulting damage?

Often, residents of a house cannot decide which method of managing it to choose: contact management company or create an HOA. It is worth considering the advantages of the latter option and the rules for creating a partnership

Every person living in apartment building, at least once, but I encountered a problem noisy neighbors. Everyone knows that making noise in the evening and at night is prohibited. But the majority of our fellow citizens believe that they can do whatever they want

Nobody likes noise at night in neighbors' apartments. You should know how by legal means rein in a neighbor who decides to throw a party or renovation

It is possible to lose the right to use housing in a completely legal way, only in many cases it will be necessary to provide significant evidence in favor of such a decision in court. What are these situations? Let's take a closer look at this issue in the article.

Long-term non-payment of rent threatens not only fines and penalties. For persistent defaulters suppliers have an extreme measure in store - shutdown hot water for non-payment. However, in this case many requirements must be met

In practice, a situation often arises when the activities of a partnership are ineffective and bring only negative results.

Punishment of debtors in the form of shutting off sewerage. Types of blocking and the legality of daddy punishment - all this is in our article

Paying rent online has considerable advantages. This saves time, nerves, effort, and in some cases- and funds. However, not everyone is ready to pay for utilities online, which is usually due to lack of knowledge of how this is done

Insurance policy for an apartment against fire or flooding. What does it give to the property owner? What items should be entered and how to receive them insurance amount?

Intentional deterioration living conditions most often committed with the aim of obtaining social housing from the state. This fact is proven in judicial procedure and carries certain consequences

Since 2008, a special resettlement program has been operating in St. Petersburg communal apartments. It is aimed at solving the housing problem of St. Petersburg residents. To become a participant in the program, you need to collect a package of documents and register with a special account

The year the house was built may not be known to apartment residents. Where to get it necessary information required when registering mortgage loan or for other personal needs?

Overview of changes Tax Code RF regarding property tax individuals. Calculation tax rate for an apartment

Debt for housing and communal services is quite an unpleasant moment. How to find out about her in time to avoid a visit bailiffs

Technical certificate – important document, which every new apartment owner needs to receive

Assignment postal address- a procedure relatively recently regulated in the Russian Federation on legislative level. What are the features of assigning an address to a residential building?

How to be an owner privatized apartment, if the house is recognized as unsafe? Definition of dilapidated and emergency housing. Methods material compensation for housing seized from the owner

State policy in the field of implementation of housing rights

Providing the population with housing- one of the key policy areas of any state. If the country’s residents do not have the opportunity to purchase their own home, or if the principles for realizing the rights to housing are not thought out and balanced, then the state will have to face many social and political problems. In Russia, unfortunately, compared to developed countries The problem of providing citizens with housing is acute.

However, the state purposefully pursues a housing policy aimed at:

• to implement the main provisions of Article 40 of the Constitution of the Russian Federation;
• to protect property rights;
• on the formation of transparent market mechanisms that provide the opportunity for citizens with different income levels to purchase their own housing.

Key objectives emerge from the policy objectives:

• constant growth, which occurs due to the commissioning of new areas of various parameters;
• reproduction of the housing stock, which occurs due to overhaul buildings, restoration of dilapidated housing.

To achieve the goals and objectives, in 2010 the Government developed and in 2013 significantly supplemented the federal target program “Housing”. It provides the following provisions:

• construction of so-called economy class housing, meeting all standards and at the same time being relatively inexpensive;
• free provision of housing for veterans, disabled people, orphans, large families provided that they are recognized as needing to improve their living conditions;
• development special programs lending so that families with low incomes could afford their own apartment;
• simplification of the process of registering rights to an apartment;
• protecting the interests of participants shared construction and ensuring maximum transparency of the equity participation mechanism.

In addition, the state supports families who decide to purchase own apartments, in the following ways:

• provision (the largest is maternity capital);
• providing the opportunity to apply for a tax deduction;
• development of lending programs with government participation.

As a result of mastering the chapter, the student must:

know

• features housing legal relations and their classification;
• basic rules for regulating legal relations residential property, social and commercial hiring housing, use of specialized residential premises;

be able to

• find sources legal regulation housing legal relations;
• analyze elements of housing legal relations different types;
• understand the meaning of housing regulations and give their correct interpretation;

own

• ability to qualify housing legal relations;
• skills in comparing housing regulations different levels and resolving their conflicts.

Housing law in the legal system of the Russian Federation (general characteristics)

In system human values great importance has this material benefit, like a home. Being an object around which various but legal essence public relations(organizational, property, economic, social security), the right to housing objectively determines the need for a systematic and diverse approach to legal regulation.

This task is carried out by a comprehensive legal industry, called housing law, which is understood as a set of legal norms governing the so-called housing relations, i.e. relationships that develop in housing sector, in the sphere of private and public interests, rights and responsibilities regarding special objects rights – residential premises.

The heterogeneity of the subject of housing law is visible from the list of regulated housing relations, enshrined in the Housing Code of the Russian Federation. These are relations regarding (Article 4 of the RF Housing Code):

• – the emergence, implementation, change, termination of the right of ownership, use, disposal of residential premises of state and municipal housing funds;
• – use of private residential premises housing stock;
• – use common property owners of premises;
• – classifying premises as residential premises and excluding them from the housing stock;
• – housing stock accounting;
• – maintenance and repair of residential premises;
• – reconstruction and redevelopment of residential premises;
• – management of apartment buildings;
• – creation and activities of housing and housing construction cooperatives, homeowners’ associations, the rights and obligations of their members;
• – providing utilities;
• – payment for housing and utilities;
• – control over the use and safety of the housing stock, compliance of residential premises with established sanitary and technical rules and standards and other legal requirements.

It is obvious that in this list Some relations can be classified as state-legal, others - as civil-law (see paragraph 11.1 of the textbook), others - as administrative-legal (see paragraph 15.1), fourth - as special, specifically housing-legal, etc. . In other words, housing law does not have a homogeneous subject of legal regulation, which once again confirms the complex nature of this industry.

For this reason, the method of housing law is also heterogeneous. Of course, he has everything known to jurisprudence means of regulation – legal regulations, permits, prohibitions. However, depending on the sub-industry regulated relations, the measure of the ratio of these legal methods. In those housing relations where rights and obligations are regulated public subjects, there is a proportion legal means, characteristic of the state and administrative law: the predominance of regulations and prohibitions, which is typical for imperative method regulation. Where private housing rights are regulated, the priority of permissions and permitting regulations is obvious, i.e. the dispositive method predominates.

The principles (basic principles) of housing law follow from the provisions of Art. 25, 27, 35, 40, 45, 55 of the Constitution of the Russian Federation and indicate the main guidelines for housing legal regulation. As such, the law establishes the following principles(Article 1 of the RF Housing Code):

• – ensuring public legal guarantees for citizens’ exercise of the right to housing, its security and inviolability, and the inadmissibility of arbitrary deprivation of housing;
• – ensuring the safety of the housing stock and the use of residential premises for their intended purpose;
• – freedom to exercise housing rights, but with the condition of inadmissibility of violation of rights, freedoms and legitimate interests other persons;
• – recognition of equality of participants in housing relations;
• – the possibility of restricting housing rights only on the basis of federal law and only to the extent provided by law;
• – ensuring the restoration of violated housing rights and their judicial protection.

The main source of housing law is housing legislation and, above all, a special federal law - the Housing Code of the Russian Federation. According to Art. 5 of the Housing Code of the Russian Federation, housing relations are also regulated by other federal laws and by-laws. Among them, mention should be made of the Civil Code of the Russian Federation, Law of the Russian Federation dated July 4, 1991 No. 1541-1 “On the privatization of housing stock,” laws on housing rights individual categories citizens (veterans, disabled people, military personnel, judges), acts of the President of the Russian Federation and the Government of the Russian Federation (rules for the maintenance of residential premises, their use, the provision of utilities, etc.). Due to the fact that housing legislation is under joint jurisdiction Russian Federation and its subjects (clause "k" part 1 of article 72 of the Constitution of the Russian Federation), housing legal norms are also contained in the regulatory legal acts of the constituent entities of the Federation. In addition, the RF Housing Code provides for the possibility of establishing legal norms by acts of local government bodies. As a result, it turns out that the legal array of housing legal norms is heterogeneous in terms of the sources of their formation. To streamline and coordinate these disparate rules, a delimitation of powers of the Russian Federation, its constituent entities and local governments in the field of housing relations is provided (Articles 12–14 of the Housing Code of the Russian Federation), and rules on the subordination of housing legal norms are introduced various levels in relation to each other (Article 5 of the RF Housing Code).

Objects of housing law living quarters appear, i.e. isolated premises suitable for permanent residence citizens (meeting established sanitary and technical rules and regulations, other legal requirements). IN in kind this is a residential building or part of it, an apartment or part of it, a living room (Articles 15, 16 of the Housing Code of the Russian Federation). These premises become objects of housing legal relations due to official recognition(design) and state registration them as residential, with the consolidation of their strict target regime - use for the residence of citizens.

The totality of all residential premises in the country forms the housing stock, which differs in private or public ownership, depending on the entities - owners of residential premises (owned by citizens, legal entities, the Russian Federation, its constituent entities, municipalities). The housing stock is also divided according to intended purpose housing (individual non-profit or commercial use, social or specialized use).

Housing relations arise, change and terminate due to various legal facts, among which we can highlight the construction of housing, its acquisition through the conclusion of paid or free transactions, concluding rental agreements or free use and so on. (Article 10 of the RF Housing Code). Depending on these grounds, the types of housing relations discussed in the following paragraphs are also distinguished.

1. Concept, subject and method of housing law.

2. Housing relations as a subject of legal regulation.

3. Principles of housing law.

4. Concept, structure, operation of housing legislation.

5. Housing Code of the Russian Federation - general characteristics.

6.Objects of housing rights. Purpose of living space and limits of its use.

7. Concept and classification of residential premises.

8. Housing funds of the Russian Federation. Their classification and purpose.

9.Transfer of residential premises to non-residential premises and non-residential premises into a living space.

10. Rearrangement and redevelopment of residential premises.

11.The concept of ownership of housing. General provisions.

12. Grounds for acquiring residential property.

13. Transactions with residential premises.

14. Privatization of residential premises: concept, principles, conditions, subjects and objects of privatization of residential premises.

15. Deprivatization of housing.

16. Rights and obligations of the owner of residential premises.

17. Legal status citizens living together with the owner in residential premises belonging to him.

18. Ensuring the housing rights of the owner of a residential premises during the seizure of a land plot for state or municipal needs.

19. Common property of owners of premises in an apartment building.

20. General meeting of owners of premises in an apartment building.

21. Forms of conduct general meeting owners of premises in an apartment building.

22.Provision of residential premises under a social tenancy agreement.

23. Registration of citizens as those in need of residential premises.

24. Provision of residential premises under social tenancy agreements to citizens registered as needing residential premises.

25. Requirements for the residential premises provided under a social tenancy agreement.

26. Standards for housing area under a social tenancy agreement.

27. Social rental agreement for residential premises: concept, subject, parties, form, content of the agreement.

28. Rights and obligations of the landlord under a social tenancy agreement for residential premises

29. Employer. Family members of the employer, citizens permanently residing with him

30. The right to exchange residential premises provided under social tenancy agreements.

31. We rent residential premises provided under a social tenancy agreement.

32.Temporary residents.

33. Termination of a social tenancy agreement.

34. Termination of a social tenancy agreement. Consequences of termination of a social tenancy agreement.

35. Eviction of citizens from residential premises with the provision of other comfortable residential premises under social tenancy agreements.

36. Eviction of citizens from residential premises with the provision of other residential premises under social tenancy agreements. Eviction of citizens from residential premises without the provision of other residential premises.

37. Concept, parties, object, types of commercial rental agreement for residential premises.

38. Termination of a commercial rental agreement for residential premises. Consequences of termination of a commercial rental agreement for residential premises.

39. Residential premises of specialized housing stock.

40. Provision of specialized residential premises and their use.

41. Lease agreement for specialized residential premises: concept, termination, consequences of termination.

42. Organization of housing and housing-construction cooperatives.

43. Activities of housing and housing construction cooperatives.

44. Legal status of members of housing cooperatives.

45. Licensing of activities for the management of apartment buildings.

46. ​​Creation of a homeowners’ association, membership in a homeowners’ association.

47. Management bodies of the homeowners association.

48. Payment for residential premises.

49. Payment for utilities.

50. Expenses of tenants in an apartment building.

51. Expenses of owners of premises in an apartment building.

52. Subsidies for housing and utilities. Reimbursement of expenses for housing and utilities.

53. Methods of managing apartment buildings. Agreement for the management of common property of apartment buildings.

54. Agreement on participation of citizens in shared-equity housing construction.

55. Application of analogy of law in Housing Law.

56. Protection features real rights in housing relations.

57. State housing supervision: organ system and their competence.

58. Dachas and garden houses as objects of housing rights.

59. Lease agreement for residential premises of the fund social use(concept, content, termination and termination of the contract).

60. Rented houses(types, legal regime).

61. General provisions on major repairs of apartment buildings. Regional programs for capital repairs of apartment buildings.

62. Methods for forming a fund for capital repairs of apartment buildings.

« Housing law»

Concept, subject and method of housing law.

Housing law, being one of the branches of law, regulates relations arising in the process of using residential premises in accordance with their purpose, as well as changes in their legal regime, carrying out legal actions with residential premises specified by law (registration of rights to them, purchase and sale, rental , rent, etc.). These relationships are the subject of housing law.

The method of law includes the main directions of how it is regulated legal relations in a given industry, that is, it is a set of legal means by which the legal regulation of qualitatively homogeneous social relations is carried out. We can talk about two methods of legal regulation of housing relations:

1) dispositive – subject to equal rights of the parties, based on permissions;

2) imperative - based on the instructions of the authorities, the fulfillment of duties, and punishments for violating prohibitions.

At the same time, according to the criterion of independence of decision-making by subjects of housing legal relations in this branch of law, both the method of autonomy is used (providing the opportunity to independently determine behavior in relations between the parties) and the authoritarian method (the use of authoritative legal regulations).

Since housing law is a part (whether completely separate or not - the issue is not fully resolved) of civil law, it is subject to its basic principles (Civil Code of the Russian Federation, part one of November 30, 1994, No. 51-FZ (as last amended). and additional) (hereinafter referred to as the Civil Code of the Russian Federation, Part 1):

Equality of participants in regulated relations;

Inviolability of property;

Freedom of contract;

The need for the unhindered exercise of civil rights;

Ensuring the restoration of violated rights and their judicial protection.

The inviolability of the home is defined in the Constitution of the Russian Federation of December 12, 1993 - “no one has the right to enter a home against the will of the persons living in it except in cases established federal law, or on the basis of a court decision" (Article 25 of the Constitution of the Russian Federation, paragraph 2 of Article 3 Housing Code Russian Federation dated December 29, 2004 No. 188-FZ (with subsequent amendments and additions) (hereinafter referred to as the RF LC).

No one can be evicted from their home or have their right to use their home limited, including the right to receive utility services, except on the grounds and in the manner provided for by housing legislation.

Citizens, at their own discretion and in their own interests, exercise their housing rights, including disposing of them. Citizens are free to establish and exercise their housing rights by virtue of an agreement and (or) other grounds provided for by housing legislation. Citizens, exercising housing rights and fulfilling the obligations arising from housing relations, must not violate the rights, freedoms and legitimate interests of other citizens.

Housing rights may be limited on the basis of federal law only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state.

Citizens legally located on the territory of the Russian Federation have the right to freely choose residential premises for residence as owners, tenants or on other grounds provided by law. Restrictions on the right of citizens to freedom of choice of residential premises are permitted only on the basis of housing legislation.

Housing relations as a subject of legal regulation.

Housing relations are classified into:

1) relations for the use of residential premises on the basis of a rental agreement or on other grounds. Through these relations, the citizen’s need for housing is realized, therefore they are the basis of housing relations. Relations for the use of residential premises are built on different legal foundations. The right to use residential premises arises on the basis of:

2) housing relations in the field of providing citizens with living quarters. These relations are characterized mainly by administrative and legal nature. The subjects of these relations are citizens in need of housing, on the one hand, and government and municipal authorities those involved in providing such housing, on the other. The relationship is of a power-managerial nature;

3) housing relations for the use of service residential premises, dormitories, and other specialized residential premises (residential buildings).

Within the category of housing relations for the provision of residential premises, relations are often distinguished for the distribution of residential premises in dormitories, office residential premises and houses of a flexible stock, due to the fact that these relations, as a rule, are characterized by short-term, temporary nature;

4) housing relations arising in the field of management, operation, safety and repair of rental housing. This group of relations is the most complex. They are regulated by the norms of land, civil, tax, administrative law;

5) relations arising in connection with the construction and acquisition of ownership of a residential building or part of it. Relations related to the construction of a house are regulated mainly by the norms of civil, administrative, and land law. Also, the construction of new residential premises is subject to urban planning regulations. Relations regarding the acquisition of a residential building (purchase, exchange, donation, inheritance, etc.) are of a civil law, dispositive nature. But relations regarding state registration of rights to real estate and transactions with it are of an administrative and legal nature;

6) housing and communal relations. These are contractual relations between homeowners and organizations involved in the provision of utility services - services to provide homes with electricity, water, gas, heating, etc.

Principles of housing law.

The principles in the Housing Code are stable normative guidelines that reflect the objective economic and socio-political reality and express the patterns of development of housing relations, in accordance with which the legal basis of the housing law is structured.

The following principles are highlighted: 1. Inviolability of the home. 2. Inadmissibility of arbitrary deprivation of housing. 3. Availability of conditions for renting residential premises for citizens. 4. Intended use of F/P.

The constitutional principle of the inviolability of the home means the prohibition of entering it against the will of the persons living there. Access to the home of unauthorized persons is possible only with the express consent of the citizens living there. Every person has the right to privacy in the premises occupied by him and his loved ones. Everything that happens in the home cannot be made public without consent interested parties. (This provision can only be changed by a court decision).

Concept, structure, operation of housing legislation.

The Housing Code of the Russian Federation speaks about the validity of all legislation over time, and not just its own norms. It should be borne in mind that the norms of the Housing Code of the Russian Federation apply to housing legal relations that arose after March 1, 2005. This is due to the fact that it was from this date that the Housing Code of the Russian Federation came into force. The specifics of its implementation are defined in the Federal Law “On the implementation of the Housing Code of the Russian Federation.” Thus, to relationships that arose before March 1, 2005, the rules that were in force at the time the relevant relationship arose are applied.

According to the provisions enshrined in the Federal Law of the Russian Federation “On the entry into force of the Housing Code of the Russian Federation”, to housing relations that arose before its entry into force, it is applied to the extent of those rights and obligations that arose after its entry into force, with the exception of cases provided for by this Federal Law.

For example, a similar exception is established by Art. 9 of the Federal Law “On Enforcement”, which provides that “the effect of Section VII of the Housing Code of the Russian Federation also applies to relations arising from previously concluded management agreements for apartment buildings.”

At the same time, if the reconstruction and (or) redevelopment of the residential premises was carried out in accordance with the rules and regulations in force before March 1, 2005, the completion of the reconstruction and (or) redevelopment of the residential premises must be carried out in the manner established by Art. 28 Housing Code of the Russian Federation.

There is one more exception to the rules on the application of the housing legislation act on housing rights and obligations that arose before the entry into force of the Housing Code of the Russian Federation.

This rule applies in cases where housing rights and obligations arose by virtue of an agreement concluded before the enactment of a housing legislation act, and if this act directly establishes that its effect extends to relations arising from previously concluded agreements (Article 6 of the Housing Code of the Russian Federation ).

The general rules for acts of housing legislation of the Russian Federation are the provisions of the Constitution of the Russian Federation that “laws are subject to official publication; unpublished laws do not apply; any regulatory legal acts affecting the rights, freedoms and duties of man and citizen cannot be applied unless they are published for public information.”

The spatial effect of housing legislation of the Russian Federation is understood as its effect within the borders of the Russian Federation and on the territory that, in accordance with current legislation, is recognized as the territory of the Russian Federation.

As a general rule, housing legislation applies to citizens of the Russian Federation, foreign citizens, and stateless persons. However certain provisions laws, such as those on benefits, may only apply to a limited number of people.

Housing Code of the Russian Federation - general characteristics.

The new Housing Code of the Russian Federation consists of 8 sections, the first 6 of them are divided into 14 chapters. In total, the Housing Code of the Russian Federation contains 165 articles that regulate the main relations associated with the emergence, implementation, change, termination of the right of ownership, use, and disposal of residential premises of state and municipal housing funds; use of common property of premises owners; classifying premises as residential premises and excluding them from the housing stock; maintenance and repair of residential premises; their reconstruction and redevelopment; management of apartment buildings; creation and activities of housing and housing construction cooperatives, homeowners' associations; payment for residential premises and utilities; exercising control over the use and safety of the housing stock, etc. (Article 4 of the RF Housing Code). The advantages of the new RF Housing Code include those provisions that allow its norms to have direct effect.

Objects of housing rights. Purpose of living space and limits of its use.

Housing relations represent the participation of residential premises in civil circulation as objects of real and liability rights.

The main objects of housing law are various types of housing.

Article 16 of the RF Housing Code classifies residential buildings, parts of residential buildings, apartments, parts of apartments, rooms (in communal apartments) as residential premises.

The law understands a residential building as an individually defined building, consisting of rooms and premises for auxiliary use, which are intended for citizens to satisfy household and other living-related needs.

An apartment is a separate, structurally separate room located in an apartment building. The apartment provides direct access to the premises common use in such a house and may consist of one or more rooms, as well as auxiliary premises, which are intended to satisfy household and other living-related needs.

A room is understood as some part of a residential building or apartment, which is intended for the direct residence of citizens in a residential building or apartment. So, only isolated residential premises suitable for living by citizens are recognized as residential premises. It must be borne in mind that long-term and even permanent residence of citizens in premises that were not originally intended for this purpose by the builders does not make the said premises residential.

Residential premises must meet the requirements stipulated by housing legislation (Article 15 of the Housing Code of the Russian Federation).

Residential premises are intended for the residence of citizens.

The legislator allows certain exceptions to this rule.

Thus, it is possible to use a residential premises for carrying out professional activities or engaging in individual entrepreneurship by a citizen living in the premises who has the right to move into the specified residential premises. The activities of a citizen should not harm the rights and interests of other persons, as well as the requirements of the law that a residential premises must meet.

The placement of industrial production in residential premises is not permitted under any circumstances.

Concept and classification of residential premises.

Residential premises are recognized as isolated premises, which are real estate and are suitable for permanent residence of citizens (meets established sanitary and technical rules and regulations, and other legal requirements.

The total area of ​​a residential premises consists of the sum of the area of ​​all parts of such premises, including the area of ​​auxiliary premises intended to satisfy citizens' household and other needs related to their residence in residential premises, with the exception of balconies, loggias, verandas and terraces.

Signs of living space:

Isolation,

Real estate,

Suitability for permanent residence,

Designed for permanent residence.

Residential premises include:

1) residential building, part of a residential building;

2) apartment, part of an apartment;

3) room.

A residential building is recognized as an individually defined building, which consists of rooms, as well as premises for auxiliary use, intended to satisfy citizens' household and other needs related to their residence in such a building.

An apartment is recognized as a structurally separate room in an apartment building, providing direct access to the common areas in such a house and consisting of one or more rooms, as well as auxiliary premises intended to satisfy citizens' household and other needs related to their residence in such a separate apartment. indoors.

A room is recognized as 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.

Housing funds of the Russian Federation. Their classification and purpose.

Housing stock is the totality of all residential premises located on the territory of the Russian Federation.

2. Depending on the form of ownership, the housing stock is divided into: 1) private housing stock - a set of residential premises owned by citizens and owned by legal entities; 2) state housing stock - a set of residential premises owned by the Russian Federation and residential premises owned by constituent entities of the Russian Federation.

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

3. Depending on the purposes of use, the housing stock is divided into: 1) housing stock for social use - a set of residential premises of state and municipal housing funds provided to citizens under social tenancy agreements;

2) specialized housing stock - a set of residential premises of state and municipal housing funds intended for residence of certain categories of citizens and provided according to the rules of Section IV of this Code;

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

4) housing stock for commercial use - 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.

4. The housing stock is subject to the state. accounting.

5. 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 (with the preparation of technical passports of residential premises - documents containing technical and other information about residential premises related to ensuring compliance of residential premises with established requirements).

Differentiation of housing stock into types allows us to determine the types of legal regulation in relation to the residential premises included in it: private law or public law, without reference to specific residential premises.

Transfer of residential premises to non-residential premises and non-residential premises to residential premises.

The transfer of residential premises to non-residential premises is not allowed if access to the transferred premises is impossible without the use of premises providing access to residential premises, or there is no technical possibility to equip such access to this premises, if the transferred premises are part of the residential premises or are used by the owner of this premises or other a citizen as a place of permanent residence, as well as if the ownership of the transferred premises is encumbered with the rights of any persons.

Transferring an apartment to non-residential premises is permitted only in cases where such an apartment is located on the ground floor or the premises located under this apartment are not residential.

Transfer procedure. The transfer of residential premises to non-residential premises and vice versa is carried out by a local government body.

For translation, the owner submits:

1) application for transfer of premises;

2) title documents for the premises being transferred;

3) cadastral passport premises with its technical description;

4) floor plan of the house in which the premises being transferred are located;

5) reconstruction and (or) redevelopment project (if required).

The body carrying out the transfer of premises does not have the right to require the presentation of other documents. The applicant is given a receipt for receipt of documents indicating their list and the date of their receipt.

The decision to transfer or refuse to transfer the premises must be made no later than 45 days from the date of submission of documents. The decision is sent no later than 3 working days. The body carrying out the transfer of premises, simultaneously with the issuance or direction to the applicant of this document informs the owners of premises adjacent to this premises about the decision.

Refusal transferring residential premises to non-residential premises or non-residential premises to residential premises is permitted in the following cases:

1) failure to provide the necessary documents;

3) failure to comply with the conditions for transfer of premises;

4) non-compliance of the project for reconstruction and (or) redevelopment of residential premises with the requirements of the law.

The decision to refuse the transfer of premises must contain the reasons for the refusal with a mandatory reference to violations.

The decision to refuse to transfer the premises is issued to the applicant no later than 3 working days from the date of the decision and can be appealed in court.

Reconstruction and redevelopment of residential premises.

Reconstruction of a residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises.

Redevelopment of a residential premises is a change in its configuration, requiring changes to the technical passport of the residential premises.

Redevelopment and redevelopment of residential premises are carried out in agreement with the local government body on the basis of its decision. To carry out reconstruction and (or) redevelopment of residential premises, the owner submits: 1) an application for redevelopment and (or) redevelopment; 2) title documents for residential premises; 3) project for reconstruction and (or) redevelopment of residential premises; 4) cadastral passport of the residential premises; 5) consent in writing of all members of the tenant’s family (including temporarily absent members of the tenant’s family) occupying the residential premises being rebuilt and (or) redesigned on the basis of a social tenancy agreement; 6) the conclusion of the body for the protection of architectural, historical and cultural monuments on the admissibility of reconstruction and (or) redevelopment of a residential premises, if such a residential premises or the house in which it is located is an architectural, historical or cultural monument.

The body carrying out the approval does not have the right to require the submission of other documents. The Applicant is issued a receipt for receipt of the documents.

The decision must be made no later than 45 days from the date of submission of the specified documents to this body.

No later than 3 working days from the date the decision on approval is made, a document confirming the decision is issued. This document is the basis for the reconstruction and (or) redevelopment of residential premises.

Refusal in the approval of reconstruction and (or) redevelopment of residential premises is allowed in the following cases:

1) failure to submit the specified documents;

2) submission of documents to the wrong authority;

3) non-compliance of the project for reconstruction and (or) redevelopment of residential premises with the requirements of the law.

The decision to refuse approval for the reconstruction and (or) redevelopment of residential premises must contain the grounds for the refusal with a mandatory reference to violations.

Completion - act of the acceptance committee.

The concept of home ownership. General provisions.

Citizens can improve their living conditions by purchasing residential premises.

In accordance with Civil Code In the Russian Federation, the owner has the rights to own, use and dispose of housing (Article 209 of the Civil Code of the Russian Federation). The rights of the owner can be limited only by federal law (but not by other legal acts).

The Civil Code of the Russian Federation determines that homeowners can be citizens of the Russian Federation, stateless persons and foreigners, as well as Russian and foreign legal entities, Russian Federation, constituent entities of the Russian Federation, urban, rural settlements and other municipalities represented by their executive authorities.

Legal documents confirming ownership of housing must indicate the name and place of residence (location) of the owner.

Citizens (individuals) in accordance with Art. 19 of the Civil Code of the Russian Federation acquire and exercise rights and obligations under their own name, including last name, first name and patronymic, unless otherwise follows from the law or national custom. The place of residence is confirmed by a mark on the citizen’s registration. The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as their place of residence legal representatives- parents, adoptive parents or guardians (Article 20 of the Civil Code of the Russian Federation).

The quantity and cost of housing owned by citizens is currently not limited (Article 213 of the Civil Code of the Russian Federation).

Private ownership of residential premises is divided into individual and common (common shared and common joint).

When acquiring ownership of residential premises in an apartment building, common shared ownership arises among the apartment owners also for the objects of the house that are not subject to division - the roof, foundation, elevators, etc. - the common property of the apartment building.

A similar situation arises when citizens own individual rooms in a communal apartment: the owners of rooms in a communal apartment own, by right of common shared ownership, the premises in a given apartment used to service more than one room (hereinafter referred to as the common property in a communal apartment).

The objects of property rights are, in accordance with Art. 17 Housing Code of the Russian Federation residential building, part of a residential building; apartment, part of an apartment; room.

Krasheninnikov P.V. believes that it is not possible to consider a room as an independent, independent object of ownership, and the legislator expressed his opinion in Art. 17 Housing Code of the Russian Federation.

The grounds for purchasing residential premises are:

1) privatization in accordance with the established procedure of occupied residential premises in houses of state and municipal housing stock, including those in full economic management enterprises or operational management institutions (departmental housing stock);

2) housing construction, including housing construction by individual developer partnerships;

3) participation in housing and housing construction cooperatives;

4) purchase and sale of housing, including through stock exchanges and auctions;

5) acquisition by inheritance and other legal grounds.

Grounds for acquiring residential property.

Citizens can improve their living conditions by acquiring ownership of residential premises (residential buildings). In accordance with Art. 19 of the Law on the Fundamentals of Federal Housing Policy, citizens have the right to acquire ownership of housing without limiting its quantity, size and cost by: 1) privatization in the prescribed manner of occupied residential premises in houses of state and municipal housing funds, including those under the economic control of enterprises or operational management of institutions (departmental housing stock); 2) housing construction, including housing construction by individual developer partnerships; 3) participation in housing and housing-construction cooperatives, in homeowners’ associations; 4) purchase and sale of housing, including through stock exchanges and auctions; 5) acquisitions by inheritance and other legal grounds. An important novelty is the indication in Art. 19 of the Law that “the sale to other persons of occupied apartments and houses of state, municipal and public housing funds is not permitted without the consent of the adult citizens living in them.” This norm is aimed at strengthening the protection of the rights of employers, owners separate apartments, members of their families from unlawful infringement of their housing rights. It seems that such a ban should apply not only in cases of sale, but also in other cases of alienation (or demolition) of occupied apartments and houses (for example, when a residential building suitable for habitation is converted into a service (non-residential) building - for offices, offices , workshops, for housing the apparatus of institutions, departments, etc.). Currently, the Housing Code of the RSFSR provides for the eviction of tenants from such houses without their consent, which is often associated with infringement of the housing interests of citizens. As stated above, the legislation of the Russian Federation does not establish any restrictions on the number, size and cost of housing owned by citizens. Based on this, a citizen may find himself the owner of several residential premises at the same time, for example, in connection with the transfer of an apartment (or residential building) to him by right of inheritance, acquisition on the basis of a civil contract, through housing construction, including housing construction by individual developer partnerships , etc. Availability in various ways(grounds) for the emergence of citizens’ property rights to residential buildings(residential premises) makes it necessary to consider at least some of the most important ways, which are most widely used in practice, characteristic of housing law. The owner of the residential premises exercises ownership rights; use and disposal of residential premises belonging to him in accordance with its purpose (Part 1 of Article 288 of the Civil Code of the Russian Federation). The owners of the purchased apartment or residential building exercise these powers at their own discretion, unless otherwise provided by law. Below is a description of some of the most important grounds for the emergence of citizens' property rights to residential premises.

Transactions with residential premises.

Housing transactions are actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations in relation to residential premises.

The most common type of residential property transaction is a contract.

The contract is bilateral deal, that is, an agreement between two or more persons to establish, change or terminate civil rights and obligations in relation to residential premises.

All transactions (agreements) with residential premises are concluded only in writing and are subject to mandatory state registration. Until January 31, 1998, their notarization was also required.

Failure to comply with mandatory written form, as well as requirements for state registration of the transaction, means that it is considered unconcluded or invalid (void).

Main types of transactions with residential premises:

Contract of sale;

Rent agreement;

Donation agreement;

Collateral (rent) agreement;

barter agreement and exchange of living quarters.

GOVERNMENTAL LAW

Abstract outline

Question 1* Concept and subject of housing law

L Concept and subject of housing law

2. The relationship between housing law and other sectors Russian law

1. Housing law is a set of legal norms governing relations regardinguse and operation of the housing stock.

The subject of housing law is social relations arising in connection with the use and operation of the housing stock.

Housing law is not independent industry rights,

A refers to complex industries, that is, it contains (combines) legal norms various industries: civil, administrative, land, etc.

How complex industry rights, Housing law uses methods of legal regulation borrowed from other branches of law. Thus, for relations regarding transactions with residential premises, it is used civil law a method based on freedom and equality of the parties, and for relations regarding the provision of housing is mainly used

administrative-legal method.

2. Housing law interactswith other branches of Russian law and, in particular, with constitutional law, since the Constitution of the Russian Federation is legal basis housing legislation of the Russian Federation.

Yes, Art. 40 of the Constitution of the Russian Federation, among the fundamental rights and freedoms of man and citizen, proclaims the right to housing.

IN The Constitution also establishes that no one can be arbitrarily deprived of housing (Article 40, Part 1), housing is inviolable (Article 25), state bodies and municipal authorities must encourage housing construction and create conditions for the exercise of the right to housing (Article 40, Part 2), etc.

IN In accordance with the Constitution of the Russian Federation (Article 72), housing legislation falls under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

Housing law is closely related to the civil law of the Russian Federation.

The Civil Code of the Russian Federation defines the basic concepts of housing law, establishes general order concluding and executing rental contracts, their types, responsibilities of the employer, etc.

Housing law specifies and details the provisions of the Civil Code of the Russian Federation.

Housing law interacts with administrative law in matters of liability for violation of housing legislation, distribution and accounting of the housing stock, its operation, etc.

Housing law is related with financial law in matters of taxation in the field of housing and making utility and other payments.

Question 2. Housing legal relationship and the grounds for its occurrence

1. The concept of housing legal relations 12". Types of housing legal relations l JXIIj

5. Reasons for occurrence

housing relations

1 .Housing legal relationship- these are public relations regarding the use, management and operation of the housing stock.

2. Housing legal relations are divided into the following types (groups):

relations regarding the use of housing facilities (under a lease agreement, by virtue of property rights, in housing cooperatives, etc.). In accordance with the Civil Code of the Russian Federation (Article 288), residential premises are intended exclusively for the residence of citizens;

relations to provide citizens with living quarters. The subjects of these relations are, on the one hand, citizens applying for the provision of residential premises, and on the other, local government bodies and other entities in charge of the housing stock;

relations for the management and operation of housing stock;

i/ relations in the sphere construction and financing of construction of residential facilities:

$/ relations liability for violation housing legislation.

3* The grounds for the emergence of a housing legal relationship are legal facts, that is, certain circumstances to the presence of which the law connects the emergence of legal relations in the field of use and operation of the housing stock.

The basis for the emergence of a housing legal relationship:

transactions (for example, a rental agreement);

administrative act (for example, decision local administration about the provision of an apartment);

court decision (for example, on recognition of property rights to housing);

acquisitive prescription;

inheritance.

Question 3. Principles of housing law

1. Principles of housing law- these are guidelines expressed in the norms of housing legislation that determine the content and basic principles of this industry.

Housing law is based on the following basic principles:

the principle of inviolability of the home;

inadmissibility of arbitrary deprivation of housing;

freedom to choose a place of residence;

accessibility of housing stock;

intended use of housing stock (premises).

2. The principle of inviolability of the home means that no one has the right to enter a home against the will of the persons living in it except in cases established by federal law or on the basis of a court decision.

IN in accordance with Art. 139 of the Criminal Code of the Russian Federation, violation of the inviolability of a home, committed against the will of the person living in it, is recognized as a crime for which strict liability is provided.

By “dwelling” we should understand not only living rooms, but also common areas (balcony, corridor, veranda), as well as residential premises provided to a citizen for temporary use (for example, a hotel room).

3. Inadmissibility of arbitrary deprivation of housingmeans, first of all, the stability (sustainability) of the right to use residential premises.

In accordance with the Housing Code of the RSFSR and the Civil Code of the Russian Federation, a tenancy agreement can be terminated only in court and only in cases provided for by law.

4. Freedom to choose your place of residencemeans that everyone who is legally present on the territory of the Russian Federation has the right to move freely, as well as choose their place of stay and residence.

No one can be forced to live only on certain territory or terrain.

Restrictions this principle can only be established by federal law.

5. Availability of housing stockis expressed in the fact that a citizen has the right and opportunity to exercise his right to housingdifferent ways:

under a social tenancy agreement;

under a commercial lease agreement;

by acquiring home ownership, etc.

At the same time, the quantity and value of property owned by citizens are not limited, except in cases provided for by federal law.

The Russian Constitution obliges the authorities state power and local self-government to encourage housing construction and create conditions for the exercise of the right to housing.

Low-income people, as well as other citizens in need of housing, are provided with it free or for an affordable fee

from state and other housing funds in accordance with established laws norms (Article 40 of the Constitution of the Russian Federation).

The affordability of the housing stock is also reflected in moderate rates of utilities and housing fees.

6* Intended use housing stock means that residential premises are intended exclusively for the residence of citizens. At the same time, placement in residential buildings industrial production not allowed.

The placement of enterprises, organizations and institutions in residential premises by the owner is permitted only after the transfer of such premises to non-residential premises.

Legal entities that own a residential building or residential premises can only use them to move people into these residential premises (for example, under a commercial lease agreement).

Question 4. Sources of housing law

what and types of housing sources

1. Sources of housing law- This regulations, published by state and municipal authorities of the Russian Federation and containing legal norms regulating housing legal relations.

There are several reasons classification of sources of housing law:

vertically: federal acts, acts of constituent entities of the Russian Federation, acts of local government bodies of the Russian Federation;

on the subject of regulation:general and special;

according to the direction of legal regulation:material and procedural.

The classification of normative acts of housing law is of greatest importance depending on their legal force.

By this basis highlight the following types of sources of housing law Russian Federation:

Constitution of the Russian Federation;

federal laws of the Russian Federation;

decrees of the President of the Russian Federation and the Government of the Russian Federation;

regulations federal bodies authorities;

laws and other regulations of the constituent entities of the Russian Federation;

regulatory acts of local government bodies of the Russian Federation.

2. Constitution of the Russian Federationhas supremacy over all laws and other regulations of the Russian Federation.No normative acts should contradict the Constitution of the Russian Federation.

The norms of the Constitution of the Russian Federation are legal basis housing law and determine it further development and improvement.

The Constitution of the Russian Federation enshrines such fundamental provisions for housing law as immunity dwellings (Article 25), prohibition of arbitrary deprivation dwellings (Article 40), availability and warranty residential facilities, freedom of movement and choice of place of residence

(Article 27), etc.

In accordance with the Constitution of the Russian Federation (Article 72), housing legislation is the subject joint management Russian Federation and constituent entities of the Russian Federation. At the same time, regulatory acts of constituent entities of the Russian Federation cannot contradict federal laws; in the event of a conflict between federal law and another act, due to

data in the Russian Federation, the federal law is in force (Article 76 of the Constitution of the Russian Federation).

3, Law is legal act adopted by the legislative (representative) authorities of the Russian Federation and regulating the most important questions housing law. For example, the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy” dated December 24, 1992 No. 4218-1 (as amended on May 6, 2003), the Law of the RSFSR “On the Privatization of Housing Stock in the Russian Federation” dated July 4, 1991 No. 1541-1 (as amended ed. dated November 26, 2002) and others.

the federal law accepted by higher legislative body Russian Federation - Federal Assembly Russian Federation.

Federal laws governing housing legal relations may be:

^codified, that is, systematized acts regulating a wide (diverse) range of housing legal relations. The main such normative legal act in the field of housing legislation is the Housing Code of the RSFSR. A certain range of housing legal relations is also regulated by the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation, the Code on administrative offenses RF;

current, that is, regulating certain areas of housing relations. For example, the Federal Law "On Homeowners' Associations" dated June 15, 1996 No. 72-FZ (as amended on March 21, 2002), the Federal Law "On Veterans" dated January 12, 1995 No. 5-FZ (as amended on December 23, 2003 ) and others.

IN Currently, a new Housing Code of the Russian Federation is being developed, which should soon be adopted.

4. Decrees of the President of the Russian Federationplay an important role

V housing legislation.

One of the most important acts of housing law is the Presidential Decree “On the reform of housing and communal services in the Russian Federation” dated 04/28/97 No. 425 (as amended on 05/27/97), which aims to improve the efficiency and quality of work of the housing and communal services system of our country .

Decrees of the Government of the Russian Federation are issued

on the basis of the Constitution of the Russian Federation, laws of the Russian Federation and decrees of the President of the Russian Federation.

To implement and specify the provisions of the Law of the Russian Federation "On the rights of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation" dated June 25, 1993, the Government of the Russian Federation approved the Rules for registration and deregistration of citizens of the Russian Federation with registration accounting at the place of stay and at the place of residence within the Russian Federation (Resolution of the Government of the Russian Federation dated July 17, 1995 No. 713, as amended on August 14, 2002).

Federal target program "Housing" for 2002 - 2010, approved by the Decree of the Government of the Russian Federation "On the federal target program"Housing" for 2002 -2010"1 from 09.17.2001

No. 675 (as amended on February 14, 2002 No. 104).

5. Regulatory acts of federal authorities can publish-

in the form of resolutions, instructions, orders, etc.

6. In accordance with the Constitution of the Russian Federation, housing legislation is a subject of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

In this regard, many constituent entities of the Russian Federation have published own laws and other regulations governing housing legal relations.

Thus, in Moscow, the Moscow Law “Fundamentals of the housing policy of the city of Moscow” dated 03/11/98 No. 6 was adopted and put into effect (harm, dated 12/03/2003).

IN Currently, Moscow is developing its own Housing Code.

IN acts of the constituent entities of the Russian Federation specify the provisions of federal legislation, and also establish the features of the legal regulation of housing relations, depending on the specifics of a particular region (for example, in Moscow there is special order privatization of municipal housing stock - Decree of the Moscow Government dated September 27, 1991 No. 116).

Regulatory acts of the constituent entities of the Russian Federation cannot contradict federal legislation, In case of conflict

between a federal law and another act issued on the territory of the Russian Federation, a federal law applies.

7. Local government bodies are not included in the system of government bodies of the Russian Federation and provide

1 Collection of legislation of the Russian Federation, 2001, No. 39, art. 3770.

Protection of housing rights in Moscow is carried out by specialized law firms, capable of providing correct presentation interests of the client in court or assist in a peaceful resolution of the dispute. Protection of housing rights of citizens is a sought-after service of qualified lawyers. However, the most popular are lawyer consulting on housing law: share determination services, registration of ownership of a residential building, ownership of an apartment, earth. If you need a lawyer for housing issues, prices for services can be found in the price list posted on the company’s website. A qualified housing law lawyer will provide the following services:

• Legal advice on real estate
• Judicial protection housing rights.

An experienced lawyer will help you as much as possible short time prove ownership, draw up statement of claim developer, resolve disputes and issues regarding mortgages. The specialist will also provide assistance in conducting a real estate transaction (purchase/sale of an apartment).

In addition, a lawyer will help in resolving disputes regarding the following situations:

• Construction;
• Grounds for moving into residential premises;
• Privatization of housing;
• Ensuring compensation for damage due to flooding;
• Drawing up a claim;
• Other court cases.

Head of the legal company "Legal Moscow" on housing law

View this post on Instagram

Since legal advice on housing issues in Moscow is the most popular service specialized companies and companies, most clients are interested in how much the procedure costs. Therefore, it is worth noting that the price of professional consultations and legal services in Moscow it always depends on the specific case. You can find out the cost of a particular service in several ways:

• Online
• By phone

To order legal services on real estate issues in Moscow, contact us by any in a convenient way. In the "Contacts" section you will find everything required addresses, email specialists, as well as telephone numbers.

Housing Services