home · On a note · Roof access key. How to legally get the keys to the roof of your house and make a recreation area on it. Rope and cable descent devices

Roof access key. How to legally get the keys to the roof of your house and make a recreation area on it. Rope and cable descent devices

In the USA, swimming pools are built on the roofs of houses and barbecue parties are held, in Spain they set up areas for sunbathing, in Germany they plant vegetable gardens. And only in Russia are the roofs of houses locked with heavy locks, the keys to which, as a rule, are kept by unfriendly representatives of housing services. In public transport in St. Petersburg there are even stickers with information that an open roof is a direct path to supporting terrorism. The Village decided to find out if a person can legally get the keys to the roof of their home.

How to legally get the keys to the roof?

Marina Topornikova

Head of the legal department of Zhilkomservis No. 2 of the Nevsky district

The key can be stored both in the housing office and in the HOA. No specific person who is responsible for it, it all depends on the house. In any case and for a long period of time, residents will definitely not be provided with a key to the roof. But it is possible to use it once, if there is such a need.

According to Article 1 079 of the Civil Code of the Russian Federation, the roof, as well as additional electrical or gas equipment, refers to sources of increased danger, and Article 161 of the Housing Code says that Management Company must ensure the safety of the residents of the house. In this case, despite the fact that the roof is part of the property of the residents of the house, safety will be a priority.

We must understand the condition of roofs in the city and how dangerous it can be to be on the roof. A sane HOA chairman will not allow a person onto the roof simply because it is dangerous. Some houses have tin roofs, and you can simply slide off them, not to mention the old foundation with soft roof. Why walk on rooftops at all? The roof is not intended for walking or sunbathing; it has a certain technical function- protect the house.

Dmitry Levenets

Project Coordinator "RosZhKH"

Article 36 of the Housing Code of the Russian Federation states that “owners of premises in apartment building enjoy common property" Article 290 of the Civil Code of the Russian Federation states that “the owners of apartments belong to the right of common shared ownership common areas Houses".

Thus, the roof (as well as the elevator, entrance, stairs, etc.) is the common property of the owners, which all owners have the right to freely use.

But many are confused by paragraph 4.6.1.22 of the Rules and Regulations technical operation housing stock, which states that “persons not related to the technical operation and repair of the building are prohibited from being on the roof.”

Here we must remember paragraph 8 of Article 5 of the Housing Code, which tells us that “in case of inconsistency with the norms of housing legislation contained in other normative legal acts, the provisions of this Code shall apply to the provisions of this Code.”

Thus, Housing Code fully supports the owner's right to gain access to the roof. To obtain a key to the roof, the owner of an apartment in the building must submit a written application to his service company. If public utilities refuse access, you must contact the Housing Inspectorate and the Prosecutor's Office.

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Illustrations: Sasha Pokhvalin

There are different situations in life, sometimes you just need to get on the roof of the house. There can be many reasons for this: renovation work, dumping snow in winter, installing an antenna or even a fire. Some people are interested in how to get to the roof in order to watch the fireworks or simply admire the view and romantic setting.

How to climb onto the roof of a private house?

Climbing onto the roof of a private house is not difficult, since it is usually low, and you can reach the roof using an ordinary wooden stairs. Just first you need to check the reliability of the steps and secure the structure well. If you have a metal ladder, it is better to use it, as it is more stable and reliable. It must be installed carefully so as not to damage the edge of the roof.

It may turn out that there is no ladder or it has disappeared somewhere, then a high, wide table will do. It must also be stable and able to support the weight of an adult. After the object is securely fixed, you should place a chair on top and, standing on it, climb onto the roof. This option is only suitable if you have an assistant who will hold the chair, otherwise it is very easy to fall.

If there is a tall, branchy tree next to the house, then this is just the place from where you can climb onto the roof. To accomplish this, you should choose thick branches that are very close to the building.

How to get to the roof of a multi-story building?

Conquer multi-story building much easier, because it necessarily provides access to the roof, which is necessary for safety reasons and roofing works. The way up is on the top floor and is a hatch in the ceiling, usually locked. There is a ladder attached to it (or it is nearby). To get to the roof, you only need to get the key kept by the person in charge of the entrance.

In some houses, the path to the roof is free, you just need to climb the stairs.

If there is no key and the exit to the roof is closed, but the house is equipped with a fire escape, then if necessary, you can climb to the roof along it. This is very dangerous and can only be done by physically strong and dexterous people.

Precautionary measures

When going to the roof of a building, it is worth remembering that you need to be careful to avoid accidents. When the cherished goal is achieved, do not forget about safety measures, especially on high-rise building, where the distance to the ground is decent. Here are the rules to follow:

  • If the roof is sloping and there is no fence near the canopy, it is better not to step on such a surface, especially in slippery shoes;
  • You need to walk on slate-covered areas with great care so as not to damage the coating or fall through in places support boards;
  • Under no circumstances should you touch wires or antennas unless you have experience working with them;
  • It is prohibited to take children and drunk people onto the roof.

The roof is not a place for games and entertainment. After committing necessary work you should leave it, locking the entrance so that no one is tempted to conquer the peak.

Do you want to get on the roof and see your city from a bird's eye view? Or sunbathe alone in the summer? Or maybe arrange an unforgettable romantic date, and then unforgettable sex on the roof? In any of these options you are guaranteed a sea of ​​impressions! And I will tell you how anyone can do it!

Last Sunday, at the end of the week, I had a unique opportunity to look at Moscow through the eyes of birds. To do this, you don’t need to buy a quadcopter, as almost all popular bloggers have done. You just need to climb onto the roof. “It’s just...”, you laugh. But how can this be done if Luzhkov locked all the roofs back in the early 2000s? I’ll tell you about this later, but for now I’ll just tell you how this wonderful warm Sunday evening went.

So, to successfully climb the roof we need good weather so that it would be warm and there would be clear sky. Being on the roof in the rain and cold is not the most pleasant feeling, believe me.

So, first of all you need to choose suitable roof. You can start from your home area, because seeing from above the places where you walk every day is accessible to only a few. For this Any will do the house starts from a height of 9 floors.
But if you want to truly soar above the city, then you need to storm high-rise buildings (from 16 floors and above).

1.The first problem you will have to face is the intercom. You can open it in several ways:
a) wait until one of the residents opens it and walk with him.
b) try to use the key to your own intercom. As a rule, he will approach 1 entrance out of 10.
c) call any apartment and, introducing yourself as a courier, ask to be let in.

2. You entered the entrance. But if this is a new building, then most likely there will be a concierge on the ground floor. A confident “brick face” will help you get through it. Look at the apartment numbers at the entrance in advance so that you can answer the question which one you are going to.
3. You passed the water Cerberus and reached the elevator. We go up to the penultimate floor and take the stairs up another flight. While you are walking, it’s time to rub all the amulets and talismans in anticipation of good luck, on which the entire success of the event now depends.

4. So. You come to a door that leads to the roof. This could be a hatch in the ceiling, or just a door blocking the stairs. If you called on luck and the housing office employees showed negligence, then the door will be open and you will be able to climb through the technical floor to the long-awaited roof and breathe a breath of freedom. Believe me, this is an amazing feeling! But what to do if there is a lock on the door? Unfortunately, there is only one legal method to open it. You need to have a familiar resident of this house who can get the key to the lock from the management organization or housing office to carry out work on the roof (installation of antennas, air conditioners, etc.). If you don’t have such a friend, I can recommend admiring the city from the common balcony connecting the elevator hall with the fire escape. There is a good view from there, although only on one side. But perhaps this is exactly the side you need. If not, then I advise you to watch the report to the end. There I will tell you about another method.

1. Let's assume that you have successfully completed all the instructions and got out onto the roof. Then you will experience an unforgettable feeling of serenity, you will seem to soar above the bustle of the city and above your problems. Well beautiful view would also be a nice bonus!

2. From the roof you can see those objects that you don’t pay attention to from the ground. Unusual house in the foreground are the buildings of the N. N. Semenov Institute of Chemical Physics of the Russian Academy of Sciences. The architectural ensemble was built in several stages. First, an egg-shaped turquoise building was built for the high-voltage installation. It housed the Special Sector of the Institute of Chemical Physics, to solve a complex of theoretical and experimental work in connection with the creation of the atomic bomb.
Then, in the 1950s, the remaining buildings were built. Their facades are made in simple classical forms with external four-column porticoes of the Corinthian order:

3. Behind the buildings of the institute there is a building with a stunning balcony. It’s incredible to see such a cool balcony made entirely of glass on a seemingly ordinary, ordinary house. The point is that it is not simple. It housed the All-Union Central Council of Trade Unions. This is the main body of all trade unions of the USSR:

4. Apparently it was not in vain that the institute developed a nuclear bomb. How else can one explain this “nuclear fungus” in the sky over Moscow?

5. But let’s finish the historical excursion and start photographing. For these purposes, I recommend grabbing a tripod and using the delayed release. This will reduce the impact of trembling hands:

6. On high roofs you can find red signal lights that show the height of the house at night. You shouldn’t break them, because they are a good subject for photography, in addition to their real purpose:

7. "Golden Brains" of the Russian Academy of Sciences:

8. Being on the roof makes you want to jump with delight!

9. Meanwhile, sunset time is approaching and people with cameras are looking for the most advantageous angles.

Lawyers and realtors spoke about how residents and developers multi-storey buildings trying to equip exploited roofs and what comes of it

The roofs of standard high-rise buildings in Russia are extremely rarely used by residents of houses. Realtors and lawyers who specialize in real estate told the editors about this. At the same time, there are often bars and restaurants on the roofs of new buildings in the center of Moscow, and on the roofs of houses that are to be built as part of renovation, authorities and bushes.

Such methods of use assume that the roof is put into circulation with the help of external forces - management companies, business structures or government institutions controlled by the mayor's office. The editors of RBC-Real Estate decided to find out how residents apartment building make a serviceable roof yourself.

How to legalize a roof: instructions

The most difficult thing in arranging a roof that is in use is getting permission from the authorities, said lawyers and realtors interviewed by the editors. “First of all, it is important to pay attention to the suitability of the roof for such use. In most buildings belonging to the old stock, such an opportunity simply will not exist - take at least five-story panel buildings from pitched roof", warned Elena Mishchenko from the real estate agency NDV-Real Estate.

“In order to arrange some kind of rooftop additional designs, it must be transferred to the ownership of the house and a decision must be made on reconstruction. Makes this decision general meeting owners,” said Vladimir Starinsky, managing partner of the Starinsky, Korchago and Partners bar association. - Only when the roof is transferred to the category of exploitation will all residents of the house have access to it. Until this moment, only employees have this right service companies(according to the resolution of the State Construction Committee).”

“In a normal situation, everything Technical buildings, including basements, attics and the entrance to the roof, must be locked (“Rules and Standards for the Operation of the Housing Fund”),” confirmed Victoria Aptekina, leading lawyer of the European Legal Service. — One set of keys must be kept with the dispatcher on duty or in the room of the technician-master of the housing maintenance organization, and the second - in one of the apartments on the top floor. Only representatives of the management company and contractor when carrying out work."


Sometimes residents upper floors unauthorized planting of vegetable gardens on the roofs of houses is illegal (Photo: TASS/Roman Saponkov)

All apartment owners must vote for the legalization of the roof - in this case, the two-thirds vote rule does not apply, noted Starinsky and Aptekina. With a protocol that reflects the absolute consent of all neighbors, you can go to Rosreestr, where the roof is recognized as the property of the house, lawyers advise.

At this point, the process will be 50% complete: the next step is the second meeting of homeowners. The main question here should be specific type use of the roof. It is impossible to resolve these two issues at once, since voting for or against the arrangement of a swimming pool or barbecue area on the roof is prohibited until the roof has officially become the property of the residents, lawyers pointed out.

All costs for arranging and re-equipping a legalized roof are borne by apartment owners. Who should pay how much is decided at a meeting of owners. “There is a nuance: most likely, not everyone will give money for roof installation, but according to the law, every owner has the right to use it. But you will be able to stay on this roof around the clock,” said Victoria Aptekina.

“At the second meeting, two-thirds of the votes are already enough to choose the purpose of reconstruction,” says Aptekina. “Then the resolution of the second meeting is sent to the Institute of Housing Design to prepare a reconstruction project. Further finished project must be agreed upon with representatives of construction supervision and the local authorities of the municipality on whose territory the house is located. Only after this can we begin reconstruction.”

If at least one link in the chain of roof legalization is broken, the owner will be obliged to demolish any building at his own expense, the European Legal Service warned. “If it was not possible to hold the tenant accountable (for example, due to his prolonged absence from the apartment), then the management company will work as a bulldozer, which will then recover all costs from the culprit through the court. And the owner will also be fined for unauthorized seizure of the roof and its damage, which is inevitable during the construction of anything,” Aptekina concluded.

Real experience

Improvement of the roof area can increase the cost of apartments by up to 8% in the case of public access, the NDV-Real Estate agency calculated at the request of the editors. “The figure will increase to 15-20% for apartments with private use - in this case it is indicated that the apartment has a terrace,” said Elena Mishchenko.

Meet real examples exploited roof is possible in isolated cases. Most of of such objects is located in the center of Moscow, realtors stated. "It's a privilege expensive houses business class and above. This format can also be offered by low-rise mansions removed from the housing stock,” according to NDV-Real Estate.

Owners of apartments in the mass segment are unable to make the roof usable because they cannot go through all the procedures necessary for approval, the real estate agency Megapolis-Service told RBC Real Estate. “For example, in Mytishchi, owners of two-level apartments in some new buildings that have recently been commissioned have room for creativity,” said Vera Larionova, director of the Mytishchi division of the Megapolis-Service company. “They can access the roof through the so-called veranda, around which the territory that de facto belongs to the owners of this or that two-level apartment is fenced off with posts.”


In 2013, a Beijing resident built a villa on the roof of an apartment building. Due to residents' complaints about water leaks and the threat of collapse load-bearing structures, the villa had to be demolished (Photo: Whitehotpix / ZUMAPRESS.com)

“Many of the residents rushed to take advantage of the situation, trying to arrange winter Garden, a rest room or something similar,” Larionova continued. — Apartment owners built additional walls from transparent or lightweight structures. All buildings were brought into full compliance with architectural style complex, but in practice it was not possible to legitimize all this. On the part of the real estate community, I was even a member of the commission that dealt with this issue, however, while agreeing that de facto residents of such houses have the right to develop the territory that belongs to them on the roof of the house, it has still not been possible to formalize this correctly from the legal side.”

Not only residents, but also developers are unable to legitimize a roof that is in use, as follows from the experience of realtors. According to the Megapolis-Service company, in the urban-type settlement of Sverdlovsky, Shchelkovsky district, Moscow region, the developer of a new residential complex, recently put into operation, in a promotional video promised residents to equip recreation areas with sun loungers on the roofs of two high-rise buildings - and to do it officially. As a result, the developer did not succeed, and all attempts at such actions were regarded by the authorities as self-construction, Larionova concluded.

Its specificity manifests itself in the south of Russia, where the warm climate contributes to a more active desire of residents to use their own roof. “It would seem that in Anapa the issue of arranging recreation areas on the roofs of houses should have been resolved long ago. However, nothing like this is happening here. Yes, there are individual examples of when residents of modern new high-rise buildings try to create with their own hands some semblance of recreation areas on the roof of a building, but such cases, firstly, are isolated and are not widespread, and secondly, no one can legitimize the changes doesn’t even try,” said CEO agency "Megapolis-Service" in Anapa Vitaly Didenko.