Daily rental housing — new rules of the game. But you will only have to negotiate with some neighbors

New bill records the decision of the Constitutional Court that the owner has the right to dispose of his housing, including by providing it for short-term rental, taking into account the norms of the Civil Code and when equipping the property with metering devices, explains the general director of the Sutochno.ru service, Yuri Kuznetsov. In fact, this bill will not affect the market in any way, he believes.

Radical proposals for the consent of 75 percent of the residents of the building to rent out an apartment were not included in the bill, which is good for the markethe says.

Previously, experts noted that the requirement to obtain the consent of 75% of neighbors for daily renting of an apartment is practically impossible and will kill the market.

The amendment with the proposal to rent out apartments only with the consent of neighbors contradicts the ruling of the Constitutional Court, says Yana Babina, president of the association “Guild of Small Accommodation Facilities of Russia”. Therefore, only an amendment was adopted regarding the protection of the rights of neighbors on the need to install gas, water and electricity meters, which, according to Yana Babina, were already installed by most landlords. Those who did not have them will now urgently install metering devices.

The right of neighbors to go to court if their rights are violated is reiterated, says Yana Babina. — In this case, the neighbor will need to prove in court how his rights are violated.

The Housing Code is supplemented by a rule on the obligation of the owner, when concluding a lease agreement with strangers, to respect the rights and legitimate interests of neighbors, as well as the rules for maintaining the common property of the owners of premises in an apartment building, notes Vladimir Koshelev, First Deputy Chairman of the State Duma Committee on Construction and Housing and Communal Services.

For noise, disorder, damage to common property, not only “daily residents” will be held responsible, but also the owner of such premises.he emphasizes.

Bill was accepted in the first reading back in November last year, and all this time there were active discussions with other factions and the expert community, during which the proposal for 75% consent of neighbors was clarified and revised, Koshelev adds.

In development of the topic of regulating the daily rental market, the committee has already developed a bill, by which the owner who rents out residential premises must obtain consent from the owners of neighboring and adjacent apartments. We will introduce this bill in the near future and will work hard to bring this segment of the economy out of the gray zone.he said.

Unfortunately, we were unable to solve most of the problems that often arise from such apartments.,” Deputy Svetlana Razvorotneva commented on the adoption of the law in her Telegram channel. — Firstly, the line between daily rentals and hotel services was never defined — the Constitutional Court insisted on this. But the main problem, in my opinion, today concerns security. Unlike hotel guests, residents of such apartments are not registered. Subsequently, if illegal actions are committed, it is impossible to find the perpetrators.

As part of the preparation of the bill, a large package of amendments was formulated, she noted. However, most of them were never introduced. Some were rejected due to a contradiction with the norms of the Constitution (the rights of citizens to dispose of their property, the inviolability of the home). Others — due to the fact that no tools were found to monitor the implementation of standards. For example, the obligation to report the conclusion of tenancy agreements and people moving in would obviously only be fulfilled by conscientious citizens, and there are no methods for identifying and punishing violations for those who ignore the laws.

Perhaps some problems can be solved not by legislation, but by instrumental means. For example, those who enter into such agreements through specialized sites are no longer anonymous. Some of these sites block employers who receive complaints. But for now it’s their good willadded Svetlana Razvorotneva.

source: «Russian newspaper»