Many people receive receipts that show payments for MOS.
What is a MOP?
You will learn about this in this article.
What is MOP in construction
The concept stands for "places of common visit."
These are places that are available for general use, that is, absolutely for everyone.
Such places are the property of the residents of the house. They cannot be sold without obtaining consent. But still outsiders can use them without the consent of the residents.
For example, a guest can stand under the porch of the house in rainy weather or leave the car in the parking lot.
The purpose of these places is the comfort of people. Finishing is rarely done in such places. Their appearance is completely unimportant to humans.
It should be noted that some people are afraid of such places. This is because incidents from accidents on the roof to robbery attacks in the entrance very often occur in them.
MOP list
Types of such places:
- Staircase and elevator.
- Storage corridor. For example, strollers.
- Attic.
- Garage inside the basement in the house.
- Boiler rooms.
- Fence.
- Roof.
- Railing.
- Porch.
- Light or heating inside the entrance.
- Yard. Perhaps a children's or sports ground.
- A riser that is used to heat apartments.
- General purpose valves or taps.
- Garbage pipe in the entrance.
- Systems required to connect cable TV or the Internet.
- Areas designated for smoking.
- Car parking.
- Equipment for general use. For example, a general pump or tools.
- Basement. Not always considered common. Sometimes access to the basement is closed, and the key is with a certain person. Guests will not be able to visit it.
- Pillar with light near the house.
All the listed premises or items are necessary for the residents of the house, as well as their guests, to feel as comfortable as possible.
Good to know: in some buildings it is fashionable to find a sign with the new abbreviation "KUI", which means nothing more than a pantry for cleaning equipment.
Conclusion
In fact, the abbreviation MOP can also be deciphered as "rag for cleaning and mopping the floor." And also as "junior service personnel." These are employees who perform certain functions.
Watch a video that explains what to do if the cleaning standards for common areas are not met:
This means that residents have the right to use this property and bear the costs of its maintenance, . About what is included in the common areas in an apartment building, we will tell in the article.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:
You can learn how to make a claim and a statement of claim against the developer to eliminate deficiencies from ours.
Concept and composition
What is included in the area of common areas?
Such public spaces related to collective property of residents, listed directly in the Housing Code (art. 36).
These include four types of objects:
- The area where the house is located.
- Any premises not belonging to apartments: elevator shafts and elevators themselves, stairs and stairwells, corridors, halls, platforms, attics and basements.
- Public gyms, game rooms and other cultural and leisure facilities not assigned to private owners, available in elite residential complexes.
- Roofing and technical equipment serving for the maintenance of all apartments.
An even more detailed list is given in Government Decree N 491 of 08/13/2006, which defines the rules for maintaining public places.
This document refers to common objects engineering networks, including cold and hot water risers, sewerage system, heating risers, as well as underground parking, built at the expense of apartment owners.
Normative base
Utilities are regulated by a large number of by-laws, which are not easy for a simple tenant to understand.
The most important legal documents on the topic of maintenance of common facilities of an apartment complex are:
- Housing Code;
- Government Decree N 491 of August 13, 2006;
- Government Decree N 290 of April 3, 2013, which defines the minimum list of works and services that a management company must perform to maintain the common facilities of the house in good condition;
- Decree of the Gosstroy of the Russian Federation of September 27, 2003 N 170;
- GOST R 51617-2000 "Housing and communal services".
At the level of the code, only the most general legal norms relating to common property rights at home.
Government Decree N 491 establishes the rules for the provision of services for the maintenance of common facilities in the house. In particular, the types of work that must be performed to maintain these facilities in proper sanitary and technical condition are listed.
It also defines the persons responsible for the performance of these works, with various forms of home management.
The third section talks about ways to pay maintenance costs common objects of the house if there is an HOA in the house and during maintenance.
The Decree of the Gosstroy lists specific standards for the performance of housing maintenance work, such as the frequency of cleaning stairwells.
GOST brings together requirements for the quality of public services, contained in numerous SanPiNs, and gives links to them.
It defines clear quantitative and qualitative indicators for each of the housing and communal services, such as the volume of garbage containers and the frequency of garbage collection, water temperature, etc.
What to do if receipts for payment of tax on a privatized apartment do not arrive? find out right now.
The most important maintenance work common areas in the house are:
- Regular cleaning.
- Heating in the cold season.
- Lighting.
Cleaning
The minimum list of maintenance work for common facilities in the house includes wet and dry cleaning of premises.
Periodicity, with which these works should be carried out, is established in the Decree of the Gosstroy N 170.
In those houses that are equipped with a centralized vacuum cleaning system, dry cleaning and mopping should be done every 5 days, and once a year all surfaces should be washed, including walls, radiators, etc.
Similar norms are enshrined for other houses in paragraph 4.8.14: once every 5 days, windows, batteries and window sills should be swept, 2 times a month - walls, and washing of stairwells should take place at least once a month.
Household cleaning in summer and winter is also regulated by this regulation. For example, in summer, sidewalks must be watered at least 2 times a day, and in winter, during snowfall, snow removal should be completed no later than 6 hours later.
About what measures can be taken if at the entrance irregular or poor cleaning you can learn from this video:
Heating
In the stairwells in winter, the temperature should not be lower than +16 degrees.
This is evidenced by the Decree of the State Construction Committee N 170.
Lighting
Lighting regulations for common areas in the house are fixed in GOST R 51617-2000.
There is a table of illumination for different types of rooms in the house when using fluorescent lamps and incandescent lamps.
The brightest room there should be a vestibule with illumination of 30 lux, illumination of 10 lux should be maintained on the stairs, in wheelchairs, halls near apartments and elevators - 20 lux.
The Decree of the Gosstroy says that it is allowed to use time-delay circuit breakers, but in the hall or on the first floor of the stairs, the light bulb should be on all the time of the dark. If the natural lighting of the entrance is not enough, the light in the lobby near the elevator should be on around the clock.
Content payment rules
Since the owners of the apartments act as owners of the common premises in the house, their maintenance falls on their shoulders.
For the maintenance of common areas tenants pay on the line in the receipts "common house needs". In receipts, invoices are issued for ODN for the following utilities:
![](https://i0.wp.com/pravapot.ru/wp-content/uploads/2017/03/odn_3.jpg)
Scope of services calculated according to common house counters, and if they are not, then according to the standards based on the area of \u200b\u200ball common rooms in the house.
If there is a common house meter, then the amount consumed by apartments and divide the resulting volume between all apartments.
If one or another meter is not installed in one of the apartments, the volume of consumption is calculated according to the standard, and the amount consumed in excess of the standard is added to the general consumption volume.
To determine the share of the general house costs borne by each apartment owner, the total amount is divided by the area of all apartments in the house and multiplied by the area of \u200b\u200bthe apartment of each owner. That's why owners of larger apartments have a higher fee for ONE.
Responsibility for squatting
Common areas in the house should serve all residents, but often one of the neighbors uses them for their personal needs.
Self-occupation of common premises is illegal and often dangerous.
The first place to go when littering the common corridor with the things of one of the neighbors is the HOA or the management company. They will turn to the guilty with order to remedy the violation.
But if the neighbor does not respond to this, you can contact the fire authorities, since paragraph 23 of the Decree of the Government of the Russian Federation No. 390 of 04/25/2012, which establishes the requirements of the fire regime, is violated. For the guilty may come administrative responsibility.
As we can see, common areas are another type of property that belongs to residents of apartment buildings.
In order for them to be comfortable for living and pleasing to the eye, it is necessary that their content be carefully controlled.
Knowing the standards for the maintenance of common areas, can be obtained from the management company to keep them clean and tidy.
You can learn about changes in the procedure for paying for common areas in the video:
Housing and communal services consultant Useful articles about housing and communal services 20.02.2019 11.11.2019
Very often today the question arises about the concept of "non-residential premises" in an apartment building.
Many people confuse it with the premises that are part of the common property, or common areas (MOP), and from this there are even more questions regarding the calculation of the amount of the fee.
In this article, we will explain what about non-residential premises in an apartment building and how utility bills are calculated for them.
So, according to Decree of the Government of the Russian Federation No. 354 dated May 6, 2011 (hereinafter referred to as Decree No. 354), non-residential premises in an apartment building are premises in an apartment building indicated in the design or technical documentation for an apartment building or in the electronic passport of an apartment building, which is not is a dwelling and is not included in the common property of the owners of premises in an apartment building, regardless of the presence of a separate entrance or connection (technological connection) to external engineering networks, including built-in and attached premises.
Parts of multi-apartment buildings intended for the placement of vehicles (parking spaces, underground garages and parking lots provided for by project documentation) are equated to non-residential premises.
non-residential premises can be conditionally designated as commercial - various shops, offices, pharmacies, cafes, which are located in the house and, of course, are part of it.
Non-residential premises also have owners, they must also be issued with certificates of registration of ownership by a specific legal or natural person, however, as for ordinary apartments.
Since the owners of non-residential premises in an apartment building have the same rights and obligations as the owners of apartments, the calculation of the amount of utility bills is made for them on a general basis.
They are required to carry utility bills for heating, according to the total area occupied, gas supply, cold and hot water supply, sewerage, electricity supply according to the readings of individual metering devices or according to the volumes identified by calculation. They also retain the obligation to pay for utilities provided for general house needs.
In the formulas for calculating the amount of payment for utility services of Decree No. 354, the concept of the total area of \u200b\u200ball residential and non-residential premises is used, and here it is the area of \u200b\u200bthe premises that are assigned to the owners or users of the premises, common areas that are part of common property are not included in this area.
It should be noted that questions with the correct definition of the area began to arise due to the need to equip apartment buildings with common house meters, because in those houses where such devices are not available, it does not matter what area they occupy, for example, shops located on the ground floor, the calculation is made for apartments according to standards, for non-residential premises a certain the volume of utility services is calculated by the resource supplying organization, taking into account what is located in this room, what area it has and other parameters.
When a house-wide metering device for some utility service is installed on the house, it is very important to take into account all the premises, and not just apartments, for example. After all, if non-residential premises are not taken into account, the share of expenses for paying for utilities provided for general house needs will increase significantly for owners and users of apartments.
Vigilant citizens in apartment buildings have recently begun to pay attention to this, as this problem affects both new buildings and old houses. Today it is becoming popular to buy an apartment located on the ground floor in an apartment building, transfer it to non-residential premises and open a shop in it, for example. If in the future this room is taken into account when calculating the amount of payment for utilities, there is nothing wrong with that, but if the calculation is made without taking into account such premises, this is already wrong.
Although questions arise on the other hand - from property owners who, according to the formulas, must pay, for example, for heating or electricity used in the entrances of an apartment building, although they do not use such premises, since they have a separate exit to the street. But the exclusion of non-residential premises from the general calculation would be a violation of both Decrees No. 354 and the principles of all housing legislation.
There are cases when some of the premises that are part of the common property, such as basements or plinths, go into the category of non-residential premises. We will not talk about how legal it is, but in order to calculate the amount of utility bills, the following picture will emerge. If some rooms in the basement or basement are legally registered as non-residential premises, that is, certificates of registration of property rights are issued on them, then the calculation will be made as for non-residential premises.
But if such premises not registered as non-residential premises, then basements and plinths will be treated to the premises that are part of the common property of an apartment building, respectively, and payment for utilities consumed in these premises will be distributed to the owners and users of residential and non-residential premises of this house.
If the basement or basement, for example, is leased (this is also very often used), this requires the decision of the general meeting of the owners of the premises, which determines the procedure for leasing such premises, the cost of payment, as well as the procedure for using the funds received from the lease lease of such premises. The obligation to pay utility bills for the tenant will arise only if such a decision is made by the general meeting and provided for in the lease agreement.
Therefore, in multi-apartment buildings where the premises that are part of the common property of the owners of the premises are used for commercial purposes, as well as there are non-residential premises, it is necessary to clearly know on what basis such premises are occupied, and how utility bills are calculated for them.
In this regard, we remind you that subparagraph p) of paragraph 31 of Decree No. 354 is obliged to provide utility services to any consumer, within 3 working days from the date of receipt of an application from him, written information for the billing periods requested by the consumer on the monthly volumes (number) of consumed utility bills. resources according to the readings of collective (general house) metering devices (if any), on the total volume (quantity) of the relevant communal resources consumed in residential and non-residential premises in an apartment building, on the volumes (quantity) of communal resources calculated using the standards for the consumption of communal services , on the volumes (quantity) of communal resources provided for general house needs.
Therefore, consumers of utility services do not need to be shy, but should contact the contractor in a timely manner for clarification if questions arise regarding payment for utility services. Maybe a sense of control on the part of consumers will force performers to take their duties more seriously and responsibly.
Common areas are common property owned by the owners of a residential apartment building, as well as non-residential buildings. They include premises that are not part of apartments or offices and are available for stay, visit and use by the public. Restrictions on access to such areas can only take place in cases where certain hours have been set for this. A similar decision is made on a different basis that does not conflict with the freedoms and rights of an individual or a group of people.
What does the Housing Code say?
According to the current legislation, common areas in residential buildings are common house property.
His list includes:
The land on which the house was built. This also includes the improvement objects located on them, as well as those that are specially created for housing maintenance.
- Roofs and structures that perform enclosing and load-bearing functions.
- Equipment installed for the purpose of servicing apartments.
- Other types of premises that are not the individual property of citizens, used for social and domestic needs.
- Premises necessary for servicing residents and apartments (landings with elevators).
Multi-storey residential building
Common areas in a building in which people are located are determined by the state or self-government body, based on the design features of the premises. What is the purpose of this order? It is necessary to fulfill the obligations for the maintenance of property, control over its proper maintenance, as well as for the competitive selection of organizations that will manage the facility.
What are they, common areas in an apartment building? What is included in their list? It contains:
1. Premises for various purposes, located inside the house, but not positioned as structural elements for building apartments, as well as their geometry. Such common areas are designed to serve not only the house, but also its residents (more than one).
2. Platforms through which access to housing is carried out, as well as to the exit from the entrance, elevators, stairwells, as well as elevator shafts.
3. Techno-operational and attic floors.
4. Built-in garages located under the house in the basement, or designed as part of an immovable object.
5. Equipment designed to serve residents (more than one), as well as additional service sites located inside the building that are involved in servicing such equipment.
6. Boiler rooms, as well as other specialized service areas.
7. Fences or barriers.
8. House roof.
9. Bearing elements of the building, which are located in places for mass use.
10. Enclosing objects located inside the house (stair railings, parapets, etc.).
11. Doors and windows in rooms intended for public use.
12. Mechanisms and devices necessary to satisfy people in the light, warmth and other benefits of civilization.
How to briefly describe the common areas in an apartment building? What is included in their list? It contains everything that is located on the territory of the house and performs the task of creating comfortable conditions for its residents.
Features of common property
For places intended for the use of different people, a number of features are characteristic, namely:
The need to use several or all rooms in the house;
- consideration as a single object;
- performance of service functions.
Payments
What is the reason for putting common areas in a separate category? This is necessary to pay for their operation. Today, tenants of apartment buildings are forced to pay money for common areas in an apartment building. What is included (a hostel is not considered under this scheme) in a utility bill? This includes the lighting of places intended for public use. Previously, there was no such line in the receipt.
However, reimbursement for electricity costs in places used by more than one person has always been made. The only difference so far is the delimitation of the lines in the receipt. According to the procedure established by law, the costs of maintaining public places must be distributed according to the share participation of the participants in the cooperative or a tenant in an apartment building.
Invoices for lighting of such premises include payment for:
Losses of electricity caused by imperfect wiring;
- light in the entrance;
- food for a specialized means of communication (intercom), which serves to prevent unauthorized persons from entering the entrance;
- an installed amplifier for a television antenna, which can be used by all residents of the house;
- lighting basements and attics.
Suppose there is a collective meter in the entrance. It takes into account the electricity consumed in use. The indications of such a device in kilowatts must be divided into all equity participants in collective real estate. Accounting is carried out according to the number of citizens who are registered in this house on the right of personal property.
Features of communal housing
Living in the same apartment with neighbors who are complete strangers can hardly be comfortable. After all, each person has his own habits and a certain daily way of life.
Life in a communal apartment is constant quarrels over noise, various trifles, and also over public places. Even adults find it difficult to inspire the idea that you just need to respect each other and comply with certain agreements.
Places available to all residents
Anyone who lives in a multi-occupied apartment has the same right as his neighbors to use the corridor and the kitchen, toilet, hallway and bathroom. All these are common areas in a communal apartment. As a general rule, tenants have the right to occupy part of the above premises with furniture or other property according to their share of ownership.
How are common areas in a communal apartment used? There is no definition of this order in the legislation. What to do if disputes arise between tenants? In such cases, issues are resolved in court.
Repair
In what cases is a multi-occupied apartment in need of construction work? The need for repairs is established by representatives of those organizations that service the house or manage it. Such a conclusion can be made by invited experts called by the residents of the apartment. After drawing up the act of inspection, the final decision is made. If it is positive, then the next step is to draw up an estimate.
Payment for repairs is made by residents. However, people are not always ready to contribute money for the improvement of common areas in non-residential premises. Judicial practice suggests that if neighbors refuse to pay, you can take these costs on yourself. Reimbursement will be available at a later date. To do this, you will need to submit the relevant documents to the court. After he makes a positive decision, the money will return to your wallet. At the same time, repairs will be made on time, providing aesthetic pleasure.
non-residential buildings
Public spaces exist not only in houses inhabited by people. There are also in various shopping and administrative centers, households and other buildings in which shops, offices and warehouses are located.
A non-residential building, like an apartment building, is not a separate object. This is a set of premises (offices, cabinets, etc.) that belong to a separate owner. Often these spaces are rented out.
Who owns the common areas in a non-residential building? Sometimes such premises are the property of the municipality, which transfers them to enterprises on the basis of economic management.
Multi-subject relationship
Who uses the common areas in a non-residential building? The answer to this question is not easy. The fact is that in management there is a multi-subjectivity of relations.
The main users of such a building are:
Tenants;
- direct owners;
- credit organizations (banks, etc.);
- unitary enterprises;
- municipalities.
Owner Relations
How are common areas in a non-residential building used? Determination of the legitimacy of certain relations of owners at the moment is a complex and still developing institution.
In addition, the current practice of shared construction of non-residential buildings leads to the fact that a huge number of owners appear. Their number is constantly growing in existing buildings. To date, the relationship of owners began to go beyond civil circulation. That is why this problem requires additional attention from the legislature.
Common areas
If an individual or legal entity owns a separate room in a non-residential building, then in any case, he will own a certain share of the common property located on the territory of the building. What is included in this category? Common property in a non-residential building includes:
Premises required to service more than 1 premise of the building;
- landings;
- halls;
- stairs;
- elevator and other shafts;
- corridors;
- technical floors;
- attics;
- roofs;
- cellars with engineering equipment located in them;
- non-bearing and load-bearing structures;
- various types of equipment.
The right to share ownership of public spaces belongs to those legal entities and individuals who have purchased one or more premises in the building. In this case, it is necessary to have a document certifying registration in the real estate register.
Civil Code of the Russian Federation in paragraph 1 of Art. 247 indicates that the use and possession of property in shared ownership is possible only by agreement with each of its participants. And if the parties do not come to a consensus? In such cases, this or that issue may be considered in court. When making a decision, the court proceeds from the real possibility of legal compliance by the owners of sanitary-epidemiological and fire safety standards. The balance of economic interests of each of the parties must also be observed.
After determining the procedure for using and owning the common property of a non-residential building, mandatory legal relations arise between the owners. At the same time, each of their participants has the right to legal requirements for the fulfillment of certain conditions.
A special legal regime arises between the owners of premises in a non-residential building. Each of the parties has a need to service more than one room. At the same time, the court has the right to determine the schedule and frequency of use of such places, as well as their maintenance.