State Duma deputies propose to simplify the coordination of redevelopment of loggias
The State Duma is preparing for consideration a bill proposing to simplify the coordination of redevelopment of loggias. The need to take the consent of neighbors is canceled. In fact, the document not only facilitates, but actually allows balcony disassembly. After all, today it is unrealistic to get consent to this. The current law says
The problem is that the wall separating the kitchen and the balcony is external. So, legally refers to the common property. This was once pointed out by the First Cassation Court of General Jurisdiction, considering a specific case.
A certain citizen N. cut — literally — a loggia to the kitchen. It turned out, of course, beautifully: the balcony ceased to be a balcony and became, as it were, part of the apartment. Somehow, because legally it was still a balcony. After all, the officials did not appreciate the beauty and refused to agree on the redevelopment.
The citizen tried to create a precedent and went to court. However, the judges of the Court of Cassation were adamant. According to the Housing Code, if the reconstruction or redevelopment of premises is impossible without joining them to a part of the common property in an apartment building, the consent of all owners of premises in an apartment building must be obtained for such actions, the judges stressed.
The outer wall of the house, regardless of whether it is in any part of the bearing or non-bearing, by virtue of its purpose — fencing the internal space of the building, its protection from the effects of the external environment — serves the entire house and for the purposes of determining the composition of the common property of the house cannot be considered as a set of separate structures located in each of the internal rooms of the house and serving only the room, the outer wall of which it is— explained the First Cassation Court.
The Duma of the Stavropol Territory proposed to rectify the situation by submitting a corresponding draft to the State Duma.
According to the explication of apartment buildings, loggias are an integral part of the apartments, but are not included in the total area of the apartment., say the initiators of the project. — At the same time, the loggia is intended to meet the household and other needs of citizens living in the apartment and is an auxiliary room of the apartment.
In most sales contracts, the project developers continue, the loggia area is taken into account when buying and is paid by the buyer of the premises. And no one is outraged by this. Neighbors do not claim rights to other people’s loggias; they do not ask for a visit to stand on the balcony. Not accepted.
In this case, only the enclosing load-bearing structure, the loggia slab, can be recognized as common property., — the Stavropol deputies emphasize. — At the same time, the parapet, window and balcony block, openings, glazing — all this refers to personal property, the maintenance of which is carried out by the owner independently.
Therefore, the authors of the project believe, it would be quite logical to deprive the neighbors of the right to vote on the balcony. Only technical ordinary technical requirements and ordinary procedures will remain: for redevelopment, it will be necessary to draw up and coordinate a plan with the housing inspection.
Without coordinating the redevelopment, the owner can perform an insignificant amount of actions that will not lead to a change in the design of the house, the size of the apartment, and also potentially will not cause harm to neighbors living nearby, — said Nikita Filippov, vice-president of the Guild of Russian Lawyers, head of the Bureau of Lawyers «De Jure». — This, as a rule, redecoration of the apartment, replacement of doors, windows, glazing of the balcony, provided that the size of the openings is maintained, installation of new engineering equipment in the rooms, corresponding in structure and dimensions to the previous one, dismantling of old built-in furniture, for example, mezzanine.
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