this was discussed at the “round table” organized by the Public chamber and NGO “housing Control”. The Deputy head of the Ministry Maxim Egorov proposed to discuss the return of common property in the fall at a meeting of heads of goszeminspektsii all regions. To remove a number of issues can new administration for the homes that develops the Ministry of construction.
a Significant part of basements, attics, pram, fire passages, lifteri and even waste collection chambers included in the registers of municipal property, said the “housing Control”. However, they must be commonly shared property of the residents. After examining thousands of examples, experts have not identified a single case where residents made decisions on the transfer of common property to other persons. This happened, usually without legal grounds, most often at the initiative of the municipal and regional authorities. In the administrative centers of the withdrawal of the common property affected 10-20% of the homes in Sevastopol, Saint-Petersburg and Moscow – from 30 to 60%.
“In doing pram shop, placed in the basement of a restaurant. And people can’t get access to utilities. We know many examples of the restructuring of the basement, when the demolition of load-bearing walls, the deepening of the happening, and created an emergency situation”, – said the Chairman of the Public Council under the Ministry of construction Sergei Stepashin. Meanwhile, such facilities can generate income to the owners, he said: income from advertising, equipment providers, renting can be used on current and capital repairs.
due to the complicated access to communications in the basement of the frequent tragedies with loss of life. The lack of commonly shared ownership of the premises gives rise to problems with decision-making at General meetings (share of votes of residents is too small), hard to landscaping, repair of buildings, improved energy efficiency, say in the “housing Control”. The municipalities still are spent on these facilities must pay for their maintenance, repair, heating.
In recent years, said “housing Control” is to return the premises to the inhabitants of 2015, managed to restore the rights of citizens to more than 7 thousand rooms. The leaders in this are St.-Petersburg, Kostomuksha in Karelia and Kostroma. Active work has begun in the Crimea.
However, this often results in lengthy litigation and the court always stands on the side of residents. Sometimes tenants returned to the property only those few square meters of the basement, which is directly heating unit. It often happens that the courts denied recovery of the premises because of the expiration of the Statute of limitations, said the Chairman of state Duma Committee on housing policy and housing P��led Kachkaev. A year ago a bill was introduced that on the requirements that arise from the relationship of possession and enjoyment of the common property, the limitation period does not apply. “Since December the government has a positive opinion of the Ministry on the bill, he said. – I think, in the autumn session that this issue can still get to the surface.”
While there are situations when one premises by decision of a court is transferred to the owners, and the other just on the next street at this time are sold at auction by the municipality, said the Chairman of Commission OP on regional development and local government Andrey Maksimov. Such double standards should be eliminated, improving legislation and enforcement practices, he said.
