Educational program: five new rules for homeowners by the end of 2023

There is very little left before the end of 2023, so we can already sum up some results. In particular, portal specialists note Legal subtleties, for residential property owners, this year has been rich in legislative innovations. Let me remind you of a few important rules that now apply to them.

1. Personal data of property owners is now classified

Starting from March 1 of this year, Rosreestr does not issue an extract from the Unified State Register with full name. the owner, if the request was not received on behalf of the owner himself or in the absence of his consent to open his personal data, or not from among the persons who, by virtue of the law, have the right to receive such information (notary, cadastral engineer, etc. — Federal Law of July 14 .2022 No. 266-FZ).

Extracts from the Unified State Register of Real Estate are now protected by a special QR code, by scanning which you can verify the authenticity of the extract (information about the registration of the property will be visible on the official website of Rosreestr).

2. The fee for the removal of solid waste can now be reduced for the period of temporary absence of residents in the residential premises

From March 1, a special procedure for recalculating fees for the removal of solid waste has been in effect: if the fee is calculated based on the total area of ​​the residential premises or the number of residents, its amount should be reduced if the period of temporary absence (more than 5 days in a row) from the residential premises of the owner or its members is documented. families (Resolution of the Government of the Russian Federation dated November 16, 2022 No. 2076).

At the same time, the Ministry of Construction of Russia explains that the specified recalculation procedure does not apply to those cases where separate accumulation of sorted waste is organized: then the fee for the removal of MSW is calculated based on the volume of containers removed (formulas 9(3) and 9(4) of Appendix No. 2 to the Rules No. 354 of 05/06/2011), and the Ministry does not see any legal basis for recalculation due to the temporary absence of residents).

3. New rules for holding a general meeting of owners of residential premises in an apartment building

From August 15, 2023, the administrator of the general meeting can only be one of the owners of the premises in this building, a representative of the management organization, or one of the persons authorized by law to initiate the general meeting.

Absentee voting can be carried out only by transmitting written decisions of the owners to its initiator.

Owners can now take part in voting at the general meeting, incl. through the MFC: its employees must provide the citizen with appropriate consulting and technical assistance (Federal Law dated 04.08.2023 No. 441-FZ).

4. The rules for maintaining gas equipment in apartments and houses have changed

From September 1 of this year, the gas supply service for residential premises is provided subject to agreements for maintenance and repair of indoor and in-house gas equipment with a specialized organization.

Maintenance and repair of gas equipment in apartment buildings should be provided by only one specialized organization.

By the end of this year, apartment owners need to renew contracts for maintenance and repair of indoor gas equipment (either independently or by authorizing the management organization to do so). In the absence of a valid contract, gas supply to residential premises may be suspended (Federal Law of March 18, 2023 No. 71-FZ).

5. The legal regime for the common property of real estate owners has been determined

From October 1, 2023, a new paragraph of the Civil Code of the Russian Federation (No. 2 in Chapter 16) has been in force, which contains a detailed list of rules for the ownership, use and disposal of common property of real estate owners (in particular, owners of premises in an apartment building).

Among other things, it is provided that the owner of real estate has a share in the ownership of the common property, proportional to the area of ​​the real estate owned by him. This share cannot be allocated in kind or alienated separately from the owner’s real estate.

The owner is charged with additional costs and expenses for the maintenance of common property if they arose as a result of his actions or inaction (Federal Law No. 351-FZ of July 24, 2023).

source: Legal subtleties