What is a technical room? Technical room. Test questions and assignments

Non-residential premises are offices, shops, salons and cafes that are located in a residential building and occupy its space.

Mainly located on ground floor, and their formation is provided for in advance at the time of construction of a multi-story building.

In addition, this category includes auxiliary and technical premises, utility rooms. Their definition in the designated status is permissible, provided that they are registered as property and registered as non-residential.

Are different intended purpose, which does not provide for their use for housing (see). Participate in commercial activities or are owned management company(UK).

The delimitation of the use of space in an apartment building is an issue on which payment depends utilities for citizens and the right to dispose of them at their own discretion.

Non-residential premises are legally designated as a space separated from the rest of the area, registered in a designated capacity and intended for use by a legal entity.

These types of premises are included in the common property of the house, which residents have the right to use jointly. This is shared ownership relating to places sharing on a par with landings, stairs and attics.

They are actually non-residential, but are assigned to the shared ownership of citizens and act as joint ownership.

Differences in the type of permitted use are identified between them. Auxiliary rooms are allowed to be allocated from among the shared spaces, with the possibility of transfer legal entity. Permission to register such a right must be obtained from the residents of a multi-storey building.

Having received permission, it is permissible to register the right of use with a legal consequence - a responsible attitude on the part of the owner and payment of utilities for its maintenance.

Subject to these requirements, the use of the designated space is permitted. If non-compliance occurs, residents have the right to petition for its return to shared ownership.

Sometimes not only cabins, but also basements, as well as ground floors and attics. Such actions are legal to the extent that differentiation of these areas, acting as residential or non-residential, is allowed (see).

Technical premises do not allow this. They can only relate to jointly used property, which does not give the right to transfer into the ownership of a legal entity or individual.

Technical areas are intended to service the functioning of a multi-storey building.

Their re-registration as leased or used for commercial needs is not only legally incorrect, but also unacceptable.

These include:

• elevator halls and shafts;
• lobbies, halls, verandas, porch;
• stairs and landings;
• technical floor, etc.

In relation to shared space, which is under the common ownership of apartment owners, the costs are charged cumulatively.

Costs for the provision of water supply, gas, heating and other services are included in receipts for payment to citizens, according to the area of ​​apartments occupied by them. They also deduct funds that cover the costs of operating the building, local area, as well as auxiliary and technical areas.

Ground floor, providing location commercial organizations served in accordance with the form of ownership of the legal entity occupying the non-residential premises. For legal entities that have registered the property they are using, expenses are calculated according to the occupied territory.

They are responsible for the direct execution of contracts with housing departments, independently regulating legal framework relationships. Utilities are provided to them on the basis of the provisions of the agreement concluded by the parties, in accordance with proportionate payment according to the metering indicators established by the owner of the facility.

When reconstructing non-residential premises, costs are borne by the owner.

The landlord is the collective of tenants who delegate hiring authority to the board.

But the chairman of the HOA and other officials are not allowed to directly make such decisions. The issue is resolved at a meeting, after a positive decision of which, a lease agreement is allowed to be drawn up.

If the developer or other official has not transferred the non-residential space to other owners, they retain the unhindered right to rent the designated space for commercial or other purposes.

This type of right, obtained initially, is retained until its alienation as a result of a property transaction. It does not require approval from third parties and allows decisions to be made at one’s own discretion.

Purchased under commercial activities by a legal entity, the areas can also be re-let to interested parties, without the consent of anyone.

Rent is a paid service. The rent provides for the total maintenance of expenses for housing and communal services, housing and communal services and other types of expenses. The tenant is responsible for the maintenance of the property, providing it for use by the tenant in the proper form, allowing him the benefits of extracting commercial profit. The lease agreement requires registration in the State Property Committee accounts.

Using a similar algorithm, objects participate in property transactions. Among them, the priority is the sale of space for running a business.

For the most part, the sale of this type of real estate occurs simultaneously with the population. That is, in the process of receiving investment by the developer.

After the building is put into operation, the purchased premises are allowed to participate in the auction if their owner has made mutual settlements with the developer and formalized ownership of the objects. Having received the status of ownership, non-residential real estate is allowed for sale without restrictions.

In other cases, when the owner of the areas in multi-storey building is a cooperative, HOA, etc., the right to sell is regulated by a meeting of apartment owners.

The board, being the organizer of the property transaction, is accountable for financial transactions and raising funds to the cooperative’s account (). The money received is spent on the needs of the cooperative, unless otherwise provided by the charter.

The property transaction is going through. The board draws up documentation authorizing the object’s participation in the transaction and the receipt of financial contributions to the founder’s account.

Laws on non-residential premises

The disposal of space classified as non-residential real estate is regulated by the sixth chapter of the Housing Code of the Russian Federation and related legislative sources.

It is advisable to use the following sources:

• Order of the Ministry of Justice of the Russian Federation dated June 27, 2003, No. 152 – Instructions on the procedure for registering auxiliary and technical premises.
• Current SNiP No. 2.08.01-89 for standards of residential buildings.
• RF PP dated October 13, 1997, No. 1301 on housing registration. Fonda;
• Order of the Ministry of Land Policy, Construction and Housing and Communal Services dated 08/04/1998, No. 37.
• Federal Law dated July 21, 1997, No. 122-FZ “On State. registration of rights to real estate and transactions with it” (Article 1).
• Article 290 of the Civil Code of the Russian Federation stipulates the characteristics of non-residential properties.
• Article 606, paragraph 1 of Article 611, Article 691 of the Civil Code of the Russian Federation and Articles 37, 135 of the Housing Code of the Russian Federation authorize the rules for their disposal.
• Article 44 of the Housing Code of the Russian Federation - on the powers of the residents’ meeting.

In addition to those listed, it is permissible to use numerous other sources, including the provisions of the Civil Code of the Russian Federation, as well as regional regulations and local acts of constituent documentation.

Technical rooms are a special group. They cannot always be located in a single block, since, as a rule, they serve as auxiliary premises serving other groups of premises. Therefore, when placing them on the building plan, the requirement for convenient access to them and the presence of independent entrances from production corridors or from the economic zone of the enterprise must be met. Design technical rooms in the basement, basement and other floors of the building.

Engine room of refrigeration chambers placed in close proximity to refrigeration chambers with access to the outside or into the production corridor. The width of the passages in the engine room must have the following values ​​(m): the main passage and the passage from the electrical panel to the protruding parts of the refrigeration machine - at least 1.5; between protruding parts of machines - at least 1; between smooth wall and cars - no less than 0.8.

In enterprises low power There is no need to provide a special engine room for installing a refrigeration unit. It is prohibited to place refrigeration units on stairs and landings, under stairs, in close proximity to entrance doors buildings, in elevator machine rooms and in the lobby. It is also not allowed to place refrigeration units in thermal locks (vestibules), refrigeration chambers and in refrigerator corridors.

Ventilation unit removes excess heat, moisture and harmful gases released from the premises of enterprises located on different floors. In this regard, in the production premises of enterprises Catering provide supply and exhaust ventilation units, which are separate systems located on different floors.

Ventilation chambers and a heating unit are located near the outer walls of the building.

Mechanical repair workshops perform Maintenance technological, lifting and transport, power equipment, repair equipment and containers, sharpen knives and straighten saws, manufacture various types hand tools to facilitate the work of enterprise workers.

Air conditioning chamber placed next to the heating point (the coolant is superheated water from the heating network) and in convenient connection with the refrigeration unit (the coolant is chilled water). The area of ​​the inlet chamber is incomplete comfortable air conditioning air together with the engine room of the refrigeration unit during design is taken to be 0.4 - 0.45 m 2 per place.

Electrical control room It is advisable to locate it near external walls and in close proximity to production premises with the highest installed capacity of the equipment. Electrical switchboards are placed above the level groundwater, and in areas prone to flooding - above the flood level. It is not allowed to locate electrical panels under washing rooms, bathrooms, showers, hot rooms and other industrial premises where there are sinks and sewer drains.

At procurement enterprises, electrical switchboards must be separated from premises for other purposes. fire partitions and floors. Supply lines to refrigeration or freezing distribution points food products installations must be independent.

Distribution points, cabinets and shields should be located outside the premises for punching out bags, washing, refrigerated chambers, pantries and warehouses for potatoes and vegetables.

Distribution points, cabinets and panels are placed in corridors, recessed in niches made of fireproof structures. Their installation in meat, fish, vegetable, confectionery and culinary shops is allowed only in metal cabinets with seal.

Electrical room doors must be at least 0.75 m wide and open outward.

The charging station, transformer substation, pumping automatic telephone exchange are located in the courtyard of the procurement enterprise in a separate building attached to the building of the procurement enterprise, in the basement, ground or first floor.

In the group of technical rooms of canteens with 150 seats or more and restaurants, it is necessary to provide a room for a mechanic with an area of ​​6 m2.

Case 1 - electrical panel in an industrial building.
To determine the functional purpose of the electrical switchboard room, it is most logical to use the concepts from the “All-Russian Classifier of Fixed Assets (OKOF) OK 013-94” and determine that the functional purpose of the electrical switchboard room is to create the conditions necessary for the implementation of the production process by performing technical functions, not related to changes in the subject of labor, or for the implementation of various non-productive functions in the building.
a) Electrical switch room in its own way functional purpose is not production.
Rationale:
-GOST 14.004-83 Technological preparation of production. Terms and Definitions.
clause 43. Manufacturing process- the totality of all actions of people and tools necessary for this enterprise for the manufacture and repair of products.
clause 13. A production site is a group of workplaces organized according to the following principles: subject-related technological or subject-technological.
-Dictionary of synonyms of the Russian language: Production - production, processing, execution, creation, making, production, release, execution, implementation.
-Glossary of terms: Production is the process of converting resources into finished products. In the production process, means of production are used.
-Glossary of terms: Production is the process of creating products (products and services) regulated by people.
-Ushakov’s Dictionary: Production is the work of directly producing products.
-Construction Dictionary: “Industrial premises are enclosed spaces in specially designed buildings and structures in which people’s labor activities related to participation in various types production, in the organization, control and management of production, as well as with participation in non-productive types of labor at transport, communications enterprises, etc.”
b) In an industrial building, the electrical room is an auxiliary room in relation to the main production.
Rationale: Construction dictionary: In an industrial building, the premises in relation to the main production are divided into:
- production (workshops, main production buildings);
-auxiliary (workshops, warehouses, laboratories, transformer substations, electrical panels);
-servicing (administrative, household, parking lots, boiler rooms);
c) The electrical switchboard room may be classified as a special structure
Rationale:
SP5-13130-2009, Appendix M, table. M1, item 2. Special facilities: 2.1. Premises for laying cables, for transformers and distribution devices, electrical panels.
Conclusion: In an industrial building, the electrical panel room, according to its functional purpose, is an auxiliary room in relation to the main production (special structure).

2nd case - electrical panel in a civil (residential, non-residential, public) building.
d) The electrical switchboard room may refer to the premises for placement engineering equipment building
Rationale:
-SP4, clause 3.16 and SNiP 31-03-2001: “Engineering equipment of a building is a system of instruments, apparatus, machines and communications that ensures the supply and removal of liquids, gases, electricity (plumbing, gas, heating, electrical, sewer, ventilation equipment, etc.)".
e) The electrical switchboard room may refer to the technical rooms of the building
Rationale:
-GOST R 51303-99 "Trade. Terms and definitions": clause 47 - store technical room: Part of the store premises intended to accommodate technical services and/or perform maintenance work on workplaces, trade, technological and mechanical equipment. Note - The technical premises of the store include ventilation chambers, elevator machine rooms and refrigeration units, electrical switchboard, boiler room, heating unit, air conditioning chamber, radio unit, telephone switchboards, automated control system stronghold.
Conclusion: B civil building The electrical switchboard room according to its functional purpose is a technical room for housing the building's engineering equipment.

2) FUNCTIONAL FIRE HAZARD CLASS.
a) Read the Law - TROTPB.
Article 2. clause 12) FPO class of buildings, structures, structures and fire compartments - classification characteristics of buildings, structures, structures and fire compartments, determined ... by purpose and ..., including the features of implementation in the specified buildings, structures, buildings and fire compartments technological processes production.
Chapter 9 Fire technical classification buildings, structures, structures and fire compartments
Article 32. Classification of buildings, structures, structures and fire compartments by functional fire danger
clause 1 Buildings (structures, structures, fire compartments and parts of buildings, structures, structures - premises or groups of premises functionally interconnected) ... according to the class of functional fire hazard, depending on their purpose ... are divided into:
Analysis: it is obvious that in Article 2, in the title of Chapter 9 and the title of Article 32, only buildings, structures and fire compartments are mentioned, and only in paragraph 1 do premises also appear, which, along with functionally interconnected groups of premises, can constitute part of the building, but not necessarily fire compartments. But parts of buildings are not classified by definition. In addition, in a fire compartment the premises are not necessarily functionally strictly connected with each other - this clarification in paragraph 1 is not clear.
Apparently, in order to harmonize clause 1 with article 2, the title of chapter 9 and the title of clause 32, it would be more correct to read this clause as follows:
clause 1 Buildings, structures, structures and fire compartments (rooms or groups of rooms, functionally interconnected and satisfying the concept of a fire compartment), ... according to the class of functional fire hazard, depending on their purpose ... are divided into:
Or even simpler:
clause 1 Buildings, structures, structures and fire compartments (see clause 27 of article 2), ... according to the class of functional fire hazard, depending on their purpose ... are divided into:
b) To clarify this incomprehensibility in the TROTPB, one could have used it earlier current SNiP 01/21/97, but only if its provisions do not contradict TROPPB. But the clauses of the regulations have been completely revised in comparison with SNiP.
Conclusion: separately allocated premises, which independently or as part of a group of functionally interconnected premises do not constitute a fire compartment, are not subject to classification according to FPO!

3) CATEGORY FOR FIRE AND EXPLOSION HAZARD.
a) Read the Law - TROTPB.
Article 27. Determination of the category of buildings, structures, structures and premises according to civil and industrial safety
1. By fire and explosion hazard Industrial and warehouse premises, regardless of their functional purpose, are divided into the following categories:
2. Buildings, structures, structures and premises for other purposes are not subject to division into categories.
Analysis: TROTPB requires categorizing production premises regardless of their functional purpose.
Conclusion: the electrical panel room is not production room, which means it is not categorized according to PiVPO!
b) Read SP12..
1.1 This SP... establishes methods for determining the classification criteria for classifying...premises...for industrial and warehouse purposes of class F5 to categories according to VP&PO.
Analysis: SP12, unlike TRoTPB, requires categorizing only production premises that belong to the FPO F.5 class.

THE CONCLUSION IS FINAL: the electrical panel room is not a production room, moreover, it does not have a FPO class, which means it is not categorized according to P&VPO!

Here are my reasons.
Please submit yours.
It can be short and without linguistic analysis.

Article 32. Classification of buildings, structures, structures and fire compartments according to functional fire hazard
1. Buildings (structures, structures, fire compartments and parts of buildings, structures, structures - premises or groups of premises functionally interconnected) according to the class of functional fire hazard depending on their purpose, as well as on the age, physical condition and number of people, located in a building, structure, structure, the possibility of them being in a state of sleep is divided into:
1) F1 - buildings intended for permanent residence and temporary stay of people, including:
a) F1.1 - preschool buildings educational institutions, specialized homes for the elderly and disabled (non-residential), hospitals, dormitories of residential educational institutions and children's institutions;
b) F1.2 - hotels, hostels, dormitories of sanatoriums and rest homes general type, campsites, motels and boarding houses;
c) F1.3 - multi-apartment residential buildings;
d) F1.4 - single-apartment residential buildings, including blocked ones;
2) F2 - buildings of entertainment and cultural and educational institutions, including:
a) F2.1 - theaters, cinemas, concert halls, clubs, circuses, athletic facilities with stands, libraries and other institutions with an estimated number of seats for visitors in enclosed spaces;
b) F2.2 - museums, exhibitions, dance halls and other similar institutions in enclosed spaces;
c) F2.3 - buildings of institutions specified in subparagraph "a" of this paragraph, in the open air;
d) F2.4 - buildings of institutions specified in subparagraph "b" of this paragraph, in the open air;
3) F3 - buildings of public service organizations, including:
a) F3.1 - buildings of trade organizations;
b) F3.2 - buildings of public catering organizations;
c) F3.3 - train stations;
d) F3.4 - clinics and outpatient clinics;
e) F3.5 - premises for visitors of consumer and public service organizations with an unreasonable number of seats for visitors;
f) F3.6 - physical education and health complexes and sports training institutions with premises without stands for spectators, household premises, baths;
4) F4 - buildings of scientific and educational institutions, scientific and design organizations, governing bodies of institutions, including:
a) F4.1 - buildings educational institutions, educational institutions additional education children, educational institutions of primary vocational and secondary vocational education;
b) F4.2 - buildings of educational institutions of higher professional education and additional professional education (advanced training) of specialists;
c) F4.3 - buildings of governing bodies of institutions, design and engineering organizations, information and editorial and publishing organizations, scientific organizations, banks, offices, offices;
d) F4.4 - fire station buildings;
5) F5 - buildings for industrial or warehouse purposes, including:
a) F5.1 - industrial buildings, structures, buildings, production and laboratory premises, workshops;
6) F5.2 - warehouse buildings, structures, structures, parking lots for cars without maintenance and repair, book depositories, archives, warehouses;
c) F5.3 - buildings for agricultural purposes.
2. The rules for classifying buildings, structures, structures and fire compartments into classes of structural fire hazard are determined in regulatory documents on fire safety.

The list of buildings belonging to one or another functional fire hazard class cannot be exhaustive. but the landmark is marked. There are no rooms with electrical panels on this list; there are no rooms at all. but only buildings. However, premises of a different class can be built into a building of any class. Electrical rooms are closest to F5.1, right? But the cleaner’s room, which designers often call a storage room for cleaning equipment, is difficult to classify as a production or storage room. But calling this room a pantry, the same root as a warehouse, they themselves dug a hole for themselves. In my opinion, warehouse and pantry are not synonymous, but not everyone understands this. Therefore, the cleaning lady’s room should not be called a pantry. then you won’t have to categorize it.

The status of basements still worries property owners apartment buildings(MCD). It would seem that the issue of recognizing the right of common shared ownership of the “technical underground” (as basements are sometimes called) has already been resolved at the level of the Constitutional Court (Definition dated May 19, 2009 No. 489 O-O).

However, practice has shown that not all apartment buildings basements are to be included in the composition common property. This article will discuss how to determine the purpose of the basement and its legal regime.

Premises of apartment buildings and possible legal regimes

According to clause 1 art. 290 Civil Code of the Russian Federation owners of apartments in apartment buildings own common premises on the right of common shared ownership, bearing structures home, mechanical, electrical, plumbing and other equipment outside or inside an apartment serving more than one apartment. Article 36 of the RF Housing Code gives a more complete picture of what is involved common areas Houses.

According to this norm, the owners of premises in apartment buildings own, by right of common shared ownership, premises that are not parts of apartments and are intended to serve more than one room in a given building: inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are engineering communications, other equipment serving more than one room in a given house (technical basements).

It follows from these norms that a premises belonging to common property cannot be part of an apartment or other premises that is individually owned, and a part of the premises that is not separate from the premises belonging to the sole owner cannot be in common ownership. In turn, the premises as an object of law may be subject to the following legal regime:

Common property in the MKD, and then the participants in the common property
ownership are all owners of premises in the house with the size of each share being proportional to the area of ​​the premises belonging to each owner;
- independent property that is in sole or common ownership, but on grounds not related to the intended purpose of the property as auxiliary and serving other premises.

Clarifications of the Constitutional Court

As stated in Definition of the Constitutional Court of the Russian Federation dated May 19, 2009 No. 489 O-O, premises that are not parts of apartments belong to the common property of the owners of premises in apartment buildings (including), if equipment intended to serve the needs of the owners of the premises is located inside them. Such premises do not have an independent purpose; they, like the equipment located in them, are intended to serve several or all rooms of the house.

At the same time, the judges noted that, in addition to non-residential premises belonging to common property, an apartment building may have other non-residential premises intended for independent use.

Such premises are immovable things - independent objects of civil rights. Their legal regime differs from the legal regime of premises established Art. 290 Civil Code of the Russian Federation and Art. 36 Housing Code of the Russian Federation. Looking ahead, we note that in Soviet-built houses (and older) it is not so easy to distinguish non-residential premises, endowed with an exclusively service function, from non-residential premises for independent purposes. Solution this issue requires consideration of factual circumstances and is within the competence of arbitration courts and courts of general jurisdiction. The Constitutional Court has repeatedly drawn attention to this (see definitions dated 02/24/2011 No. 137 О-О, dated 12/16/2010 No. 1587 О-О, dated 06/17/2010 No. 814 О-О, dated 04/22/2010 No. 472 О-О, etc.).

Arbitration practice, which has been developing for almost two years since the decision of the Constitutional Court of the Russian Federation Definitions No. 489 O-O, to the surprise of the owners of premises in apartment buildings and their representatives, she showed that the basement premises, historically intended for shoe workshops, pharmacies and other organizations and institutions, at first glance, are no different from the same basement premises not occupied by similar objects, for the most part do not belong to the common property of houses. In new buildings, on the contrary, the legal regime for basements is more transparent and is most often determined by arbitrators as common shared property.

Position of the Presidium of the Supreme Arbitration Court

The basement of a house is not technical by definition.

The HOA, which represents the interests of some of the owners of premises in apartment buildings on the issue of recognizing the basement as common property, suffered its first major setback at the end of 2009.

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 15, 2009 No. 12537/09 all judicial acts previously adopted in favor of the partnership were canceled, and the case on recognition of the right of common shared ownership of the disputed basement, formed on the area of ​​​​former apartments and used for decades as an independent property (to house various institutions), was sent for new consideration. The reasons for making this decision were the following circumstances.

Key moment:

The right of common shared ownership automatically arises only for technical basements, and not for any basement premises of the house.
By virtue of direct instructions Art. 36 Residential Complex of the Russian Federation The right of common shared ownership of homeowners does not arise for any basement part of a residential building, but only for technical basements. The qualification of a basement as a technical room is determined, for example, by the need for constant open access to the equipment located in it.

The mere presence of utilities and equipment in the basement or its corresponding part does not provide sufficient grounds to consider this property a technical basement and, as a consequence, the common shared property of the homeowners. In addition, the Presidium of the Supreme Arbitration Court took into account that the disputed basement was formed from former apartments (due to which the question immediately arose about the possibility of access to communications located in the specified premises and the need for it) and was used as independent object real estate even before the creation of the HOA and the emergence of ownership rights to apartments and rooms among the residents of the house.

Signs of the “technical underground”

Here we will talk about decisions that are positive for owners of premises in apartment buildings, based on the position of the Presidium of the Supreme Arbitration Court presented above. So, in Resolution of the Federal Antimonopoly Service of the Northern Territory of March 21, 2011 No. A56-30206/2010 The judges took the side of the registration authority, which refused to register the legal entity's ownership of the basement premises in which the electrical switchboard was located, which was part of the common property of the house. Despite the fact that the organization acted as a shareholder during the construction of the house, including financing the construction of the basement, the court indicated that all participants in shared ownership must apply for state registration of the right to the common property of the house, in particular to the disputed basement.

By Resolution of the Federal Antimonopoly Service of North Kazakhstan Region dated December 20, 2010 No. A53-6270/2009 The HOA's claims to the basement were satisfied, the construction of which was financed by the entrepreneur during the construction of the house and which was registered as the property of the entrepreneur upon completion of construction. The judges noted the fact that the disputed premises were not intended to house offices and were not put into operation as such.

The examination established the presence in the basement of sanitary equipment serving the apartment building, the use of which is impossible without constant access to the disputed premises. According to project documentation the disputed premises were recognized as a technical basement with no independent purpose.

Key moment:

The following basement is considered technical:
- designed as a technical basement, not having an independent purpose and not intended for independent use;
- equipped with engineering systems and their control units, the maintenance of which requires constant open access of technical specialists;
- not isolated from engineering systems and their control nodes.

Another example of recognition of the right of common shared ownership of a basement premises, which was leased without the consent of the owners of the residential premises of the house - Resolution of the Federal Antimonopoly Service of North Kazakhstan Region dated August 10, 2010 No. A32-4632/2008.

The court, having examined the case materials, including the basement plan of a residential building, found that it contains main pipelines heating systems, hot and cold water supply systems, risers, pipeline inlets supplying the home heating system, shut-off valves and taps, pipelines of the sewerage system, and came to the conclusion: such a basement was not originally intended for independent use. It must be classified as common property of the homeowners.

Well, the last court decision recognizing the basement as common shared property, to which I would like to draw your attention - Resolution of the Federal Antimonopoly Service of Ukraine dated March 15, 2011 No. F09-1144/11 C6. The judges were presented expert opinion, according to which the disputed basement of a residential building had:

Input with metering devices for the cold water supply system of all rooms on the first floor and basement;
-input with metering devices for hot water supply systems and heating systems designed to ensure hot water and the warmth of the premises on the first floor and basement;
-mounted system supply and exhaust ventilation, which provides an organized flow of air (and its removal) into the premises of the first floor and basement;
-a freight elevator and an elevator hall to it for moving goods between the first floor and the basement.

Based on the information received, the judges came to the conclusion that such a basement could not be used independently. Its design and actual purpose is servicing, since it houses all control nodes for utility networks of the first and basement floors of the building, located in the basement, where unhindered access must be ensured. The basement room itself performs a service role and has an inextricable connection with the building as a whole, since it is not isolated from it.

The absence in the basement of a looped system of energy supply, heating, water supply and separate utility metering devices, according to the judges, predetermines its auxiliary purpose.

From the content of the above judicial acts, we can conclude that each dispute regarding the recognition of the right of common shared ownership of basement premises for the owners of premises in apartment buildings has its own nuances and its own reasons for its resolution in the interests of the homeowners. The general feature of all the cases discussed above is, firstly, that the disputed basements were not designed or formed subsequently as separate (including from communications and control centers) objects, and secondly, that in all the disputed basements In addition to utility networks, their control units were also located. Please note that the Presidium of the Supreme Arbitration Court in Decree No. 12537/09 did not make any fundamental conclusions in this direction. They appeared later, in another of his resolutions (dated 03/02/2010 No. 13391/09).

The basement is a separate property

IN Decree No. 13391/09 Using the example of the basement of a pre-revolutionary house, the characteristics of such a room as an independent object are formulated. So, when determining the status of the basement in similar apartment buildings, it is necessary to take into account that, according to clause 1 of appendix 3 To Resolution Supreme Council RF dated December 27, 1991 No. 3020 1 Such state property objects as residential and non-residential funds were initially classified as municipal property, the property of Moscow and St. Petersburg. From the moment citizens began to exercise their right to privatize housing, provided for Law of the RSFSR dated July 4, 1991 No. 1541 1, a residential building in which at least one apartment (room) was privatized lost its status as an object exclusively in municipal ownership.

Therefore, the legal regime of basement premises, whether or not related to the common shared ownership of several owners of premises in such residential buildings, should be determined precisely on the date of privatization of the first apartment in the house. The right of common shared ownership of common property in such a house (in particular, the basement) arose only once - the Presidium of the Supreme Arbitration Court points out: at the time of privatization of the first premises in the house. Subsequently adopted federal legislative acts (including Law of the Russian Federation of December 24, 1992 No. 4218 1 “On the Fundamentals of Federal Housing Policy”, Temporary Regulations on Condominiums, Article 290 of the Civil Code of the Russian Federation and Article 36 of the Housing Code of the Russian Federation) only confirm that homeowners already have a right common shared ownership of the common property of the house and clarify it, but do not generate the said right anew.

According to the arbitrators' findings, if as of the date of privatization of the first apartment the basement premises of a residential building were intended (accounted for, formed) for independent use for purposes not related to the maintenance of the residential building, and were not actually used as common property by the homeowners, then the right to common share There was no homeowner ownership of these premises. The remaining basement premises, not allocated for independent use, became the common shared property of the homeowners as the common property of the house.

Key moment:
An independent real estate object is a basement designed or formed at the time of privatization of the first apartment in the house as an object intended for independent use.

This criterion, according to the arbitrators, does not contradict the statement that the premises in which utilities are located are a priori the common property of the homeowners. To determine the legal regime of such (separate) basement premises, the presence of engineering communications in them did not and does not matter, since they are located in each basement and do not in themselves give rise to the right of common shared ownership of homeowners for premises already allocated for independent use, do not related to the maintenance of a residential building.
We managed to find several interesting examples applications Regulations No. 13391/09 in the practice of federal arbitration courts. So, Resolution of the Federal Antimonopoly Service of the North-West District dated March 21, 2011 No. A56-48167/2009 Homeowners' Association was denied a claim against KUGI for recognition of the right of common shared ownership of the basement, which, according to a certificate from the design and inventory bureau, has been recorded in the accounting documentation since 1977 as the premises of a shoemaker's workshop ( former apartment). In 2003, this facility was reconstructed (its area was reduced due to the allocation of a water metering unit to a separate premises), as a result of which a secondary property was registered, in which there were no technical premises (ventilation chambers, water meters, switchboards, elevators, etc.). d.). Similarly, the fate of secondary real estate (basements) in resolutions of the Federal Antimonopoly Service of the North-Western Territory dated March 21, 2011 No. A56-36543/2009, FAS Moscow Region dated December 9, 2010 No. KG-A40/14250 10.

For your information:
Owners of basement premises allocated as independent objects and used for shops, cafes, pharmacies, etc., are obliged, on an equal basis with other owners of premises in the house, to bear the costs of maintaining common property, regardless of whether they use such property. After all, these premises are also a constructive part of the apartment building (Resolution of the Federal Antimonopoly Service NWO dated March 21, 2011 No. A56-7732/2010).

Regarding the placement of utilities in basements - independent real estate objects - there are also several interesting cases. In particular, in Resolution of the Federal Antimonopoly Service of the Northern Territory of January 18, 2010 No. A56-9227/2008 it is indicated that the presence of cold and hot water supply and heating systems in the basement cannot serve as a sufficient basis for classifying this room as auxiliary, especially if there is a need for constant use And maintenance equipment located in the room for the needs of other rooms of the house has not been proven. Judges of the FAS UO made similar conclusions in Resolution dated May 12, 2010 No. F09-3319/10 C6 regarding the fact that transit communications are located in the basement (pipeline central heating With heating devices, cold water supply pipeline, risers with shut-off equipment).

It should be noted that in practice there are cases when basements, visually identified as independent objects, are in fact not properly formed as such and therefore are subject to transfer to the common shared ownership of homeowners. A similar situation was examined by the Presidium of the Chelyabinsk Regional Court in Resolution No. 44 G-99/2010 dated November 24, 2010. As can be seen from the case materials, the basement of a residential building, like, in fact, all premises of this object, in the 1990s were accepted into municipal ownership (according to the above-mentioned Resolution of the Supreme Council of the Russian Federation No. 3020 1). However, at that time the basement was technical, independent use it was not defined. The disputed premises were reconstructed and put into operation as non-residential only in 2004, so the homeowners had every chance to register it as common shared ownership. Given trial did not receive a logical conclusion only because the case file did not include documentary evidence of when the first apartment in this residential building was privatized and what the status of the disputed basement was at that time (according to indirect evidence - “technical underground”), but there was a precedent created, which is very important.

The basement is an independent property for service purposes

The use of basements in apartment buildings is so diverse that it is sometimes very difficult to determine its legal regime, in particular in the case when the object is isolated and has an independent purpose - serving the residential premises of the house and nearby buildings (for example, heat supply). Such premises, according to the judges of the FAS UO (Resolution dated March 2, 2010 No. F09-982/10 C6), cannot be in the common share ownership
property. The controversial basement has been used to service several houses since the house was built. It initially had an independent purpose, was an object of technical accounting and registration and did not belong to places common use one residential building. In connection with these circumstances, the HOA was denied a claim for recognition of the right of common shared ownership of the basement premises, where the central heating point was located, the equipment of which was connected to the heat consumption systems of several nearby buildings.

As stated at the beginning of the article, the basement, depending on its characteristics, purpose, etc., can be either the common or the sole property of the owners of the premises in the apartment building. When determining the status of the basement of a house, it is necessary to take into account many factors: features of its design, dates and nuances of reconstruction and the formation of secondary real estate objects, the presence of communications, control units, etc. Obviously, in the process of establishing the listed facts, owners of premises in apartment buildings will need the help of experts and inventory services. But that's not all. If the grounds for filing a lawsuit statement of claim on the recognition of the right of common shared ownership of the basement will be found, the owners of premises in the apartment building should take a responsible approach to preparing for the trial. It is necessary to carry out general meeting owners and obtain their consent to file a corresponding claim in court, as well as authorize the partnership (management organization, other person) to represent the interests of the owners when considering the claim in court.