Chernihiv: the Responsibility for housing rests with the owners of
As the problems associated with deterioration and disaster housing are governed by the law? This tells the lawyer Dmitry Fedorov: - The housing code of the Ukrainian SSR, adopted in 1983, but the acting and today, defines several types of housing: public, private, public, Foundation housing and building cooperatives, the housing Fund of social purpose. Due to the rapid development of economic relations and inclusion of apartments of an apartment building in active circulation, a wholly-owned the house belonging to this or that housing has become a rarity. It primarily concerns part of the housing stock built during the Soviet era and in the first decade of Ukrainian independence. At the peak of the privatization campaign, the residents of the houses that were built by state enterprises or through State or local budgets, subsequently exercised their right to privatize. Some bought apartments in these houses on the secondary market. As a result of such operations residential house ceased to have a single owner and be considered exclusively as state or municipal property. The same applies to hostels that are a result of legislative changes were first transferred to the ownership of territorial communities, but later was almost completely privatized by their dwellers. Since 2000 years in Ukraine slowly began to separate the housing management between the state, represented by the classic housing maintenance offices (Zheks) and private owners. But clearly a regulatory act which would set forth the responsibilities for management of apartment buildings, for a long time was not. First attempt to delimit the responsibilities and secure apartment building on a certain subject has been implemented in the Law of Ukraine "On Association of owners of apartment house", which introduced a completely new collective entity - condominiums. Then was adopted by the Civil code of Ukraine of 2003, which replaced the outdated Civil code of the Ukrainian SSR, 1963, establishing that all owners of apartments and non-residential premises in an apartment house are co-owners on the right of joint ownership in common property of an apartment house. A kind of revolution was caused by the Law of Ukraine "On peculiarities of implementation of the right of property in an apartment house" in 2015, clearly establishing that the owners of apartments in apartment buildings and have uncertain and inalienable share of ownership of all structural elements of a house. Including stairs, lifts, any equipment including all in General. Anything outside the apartment and a share in what it is impossible to determine, and allocate, has the status of joint ownership. And all have equal rights to manage this property, that is, the dwelling house in General, with all its cellars, attics, communications, and the like. This Zahnstange that the owners of the apartments ensures not only the rights but also respective duties to keep the house. And these rules are very specific, I would say, treatment. The law established that the obligation on major repairs of apartment building rests with the owners. This provides a peer review of management of common property of an apartment house, order of creation of joint repair funds and the like. There are several options for housing management. Or is it a General meeting of owners of apartments in the house, or is it a condominium or the creation of a housing cooperative. But in any of them, the principle that all issues are addressed jointly. Including the issue of contributions (deductions) for the repair of a residential building. Who should monitor the safety of homes? Old practices provide actions only against the state or public housing. In particular, article 7 of the Housing code of the Ukrainian SSR and the Procedure for condition survey of houses to establish their compliance with sanitary and technical requirements and recognition of residential buildings and dwellings unfit for habitation, approved by the Council of Ministers of the USSR in 1984, did not provide neither the capacity nor the algorithm in situations of mixed or private housing. Familiar to many, the Supervisory function of the state and the possibility of unlimited intervention in private property is irrelevant. Having in most cases, private or mixed housing (the prevalence of private apartments), the state has no right to interfere in the activities of the owner. Utility Hoo, which usually provide utility services, operate solely on the basis of concluded with consumers standard form contracts the maintenance of houses and constructions and house adjoining territories and within the range of services on maintenance of houses and constructions and house adjoining territories approved by the Cabinet of Ministers of Ukraine dated 20 may 2009. No. 529. This list only includes current repair of structural elements, in-house systems for hot and cold water, drainage, heat supply, and stormwater and technical devices of buildings and exterior landscaping, placed on the fixed in the prescribed manner the local area (including sports, children's and other sites). While the Law of Ukraine "On peculiarities of implementation of the right of property in an apartment house", in article 7, expressly and unequivocally imposes on the owners of the obligations under the current inspection and periodical survey taken in operation in accordance with the legislation of the apartment building during the whole life cycle of the building, and Taconite the liability for the improper operation in accordance with the law. That is, the person who made the decision on privatization or bought an apartment, she takes responsibility not only for the apartment as part of the house, but for all the building construction. And she needs to understand that the building is aging and it is objective. And examination – including him as the owner need to be held accountable. This relationship is somewhat similar to purchasing a vehicle. On its serviceability, passing technical inspections, the responsibility, primarily, the responsibility of the owner. Of course, the housing office or the Office of housing, or BTI, or any design or construction organization can and, in my opinion, are obliged to provide professional assistance in determining the state of a residential building – but the direct duty to do this, and even at their own expense, they are not. In General, access to housing is not, unless there is the consent of the owners. Without it, except that you can pass around the building perimeter or common areas, again, in the absence of objections of the owners. Complaints from tenants can be a consequence of the creation of a specific Commission. But she will have the right only to do one or the other conclusion: indeed, the complaint reasoned, the housing and emergency unusable or requires repair. And any obligation for the owners that in itself does not mean. Ideally, they should urgently convene a meeting and determine the contractor and the source of financing of works. But if they want evicted, do not want to remain in this house at your own risk. There is no legal mechanism to force the eviction of any of his property, with the exception of eviction by judicial decision. That is quite a serious legal collapse. For its overcoming it is necessary to adopt special local programs, but we must understand that the financing capabilities of private property at the expense of the local budget is limited, and subject to the requirements of the budget law, are allowed solely on the basis of complicity with the other owners. In any case: according to the Basic Law, the property requires, and our safety as owners is now primarily our initiative. It's the law. This is already get used to it. The press service of the Chernihiv city Council.Ïåðåâåäåíî ñåðâèñîì "ßíäåêñ.Ïåðåâîä÷èê": translate.yandex.ru.
Source: http://uzinform.com.ua/
