Housing Code Chapter 2 Article 15. Can the court recognize the house as emergency if the interdepartmental commission is inactive

2. Residential premises are isolated premises, which are immovable property and are suitable for permanent residence citizens (meets the established sanitary and technical rules and norms, other requirements of the legislation (hereinafter referred to as the requirements)).

Can the court recognize the house as emergency if the interdepartmental commission is inactive?

In "Overview of legislation and judicial practice Supreme Court Russian Federation for the second quarter of 2009", approved by the Decree of the Presidium of the Supreme Court of the Russian Federation of September 16, 2009, includes the answer to the question:

- "Can the court, on the basis of the conclusion of the construction and technical expertise, recognize the apartment building as emergency and subject to demolition upon the complaint of the residents of this house, if interdepartmental commission and the local self-government body evade making relevant decisions?

Is the adoption of such decisions the exclusive competence of interdepartmental commissions and local self-government bodies, whose inaction citizens can appeal to the court?

The Supreme Court of the Russian Federation gave the following clarifications.

Part 4 of Article 15 of the Housing Code of the Russian Federation establishes that a dwelling may be declared unfit for habitation on the grounds and in the manner established by the federal executive body authorized by the Government of the Russian Federation.

In pursuance of this norm, the Government of the Russian Federation adopted Decree of January 28, 2006 N 47 "On approval of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as emergency and subject to demolition or reconstruction".

In accordance with paragraph 7 of the above Regulation, the authorized body, whose competence includes the recognition of the premises as residential premises suitable (unsuitable) for citizens to live, as well as an apartment building as emergency and subject to demolition or reconstruction, is an interdepartmental commission, the procedure for the creation of which is regulated by this norm.

Thus, the decision on the issue of recognizing residential premises as unfit for habitation and apartment buildings emergency and subject to demolition or reconstruction, the current legislation refers to the exclusive competence of the interdepartmental commission, created depending on the affiliation of the residential building to the relevant housing stock by the federal executive authority, the executive authority of the constituent entity of the Russian Federation or the local government.

By virtue of the provisions of Part 1 of Article 254 of the Code of Civil Procedure of the Russian Federation, citizens have the right to challenge in court a decision, action (inaction) of a state authority, a local self-government body.

Consequently, citizens have the right to challenge in court the inaction of the interdepartmental commission and the local self-government body to make decisions related to the recognition of a residential building unfit for habitation and an apartment building as emergency and subject to demolition or reconstruction. The conclusion of the construction and technical expertise will be one of the evidence that is important for the proper consideration and resolution of the case.

Publications on the site:

Only an interdepartmental commission can recognize a house as emergency

The decision of the interdepartmental commission. Challenging in court

Recognition of the decision of the interdepartmental commission as illegal

Recognition as an emergency private residential building. Whose competence?

and Review of jurisprudence in cases related to security housing rights citizens in the event that a residential building is recognized as emergency and subject to demolition or reconstruction; (approved by the Presidium of the Supreme Court of the Russian Federation on April 29, 2014)

Question: ...According to paragraph 5 of Art. 15 of the new Housing Code, the procedure for determining the total area of a dwelling has changed. The change in the total area occurs by virtue of the law and does not depend on the actions of the owner, the property does not change, but only the procedure for calculating the total area changes. Is it necessary to submit an application from the right holder and a document confirming payment when making these changes to the USRR? state duty? (Letter of the Ministry of Finance of the Russian Federation dated 09.06.2005 n 03-06-03-03/34)

Question: In accordance with paragraph 5 of Art. 15 of the Housing Code of the Russian Federation, which entered into force on March 1, 2005, the total area of a dwelling consists of the sum of the area of \u200b\u200ball parts of such premises, including the area of \u200b\u200bauxiliary use rooms intended to meet citizens' domestic and other needs related to their living in a residential building, with the exception of balconies, loggias, verandas and terraces.
At the same time, until March 1, 2005, the reduced area of the balcony, loggia, etc. was included in the total area of the dwelling.
In this regard, technical documentation is currently being submitted for state registration with a changed total area of \u200b\u200bthe residential premises, while the technical inventory authorities indicate that the area has changed due to the entry into force of the Housing Code of the Russian Federation.
In accordance with paragraphs. 21 p. 1 art. 333.33 of the Tax Code of the Russian Federation for making changes to the records of the Unified State Register of Rights to Real Estate and transactions with it, a state duty of 100 rubles is charged from individuals, from organizations - 300 rubles.
However, in the situation under consideration, the change in the total area occurs by virtue of the law and does not depend on the actions of the owner, the property (residential premises) does not change, but only the procedure for calculating the total area changes.
Based on the foregoing, we ask for clarification on the issue of whether it is necessary to submit an application from the copyright holder and a document confirming the payment of the state fee when making these changes to the USRR.
Answer:
MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION
LETTER
dated June 9, 2005 N 03-06-03-03/34
In connection with the appeal on the issue of paying the state fee for making changes to the records of the Unified State Register of Rights to Real Estate and transactions with it, if these changes are made by virtue of law and do not depend on the owner’s action, the Tax and Customs Tariff Policy Department informs following.
In accordance with paragraphs. 21 p. 1 art. 333.33 ch. 25.3 "State duty" of part two tax code The Russian Federation (hereinafter referred to as the Code) provides for the collection of a state fee for making changes to the records of the Unified State Register of Rights to Real Estate and Transactions with It (hereinafter referred to as the Unified State Register of Real Estate) for organizations in the amount of 300 rubles, for individuals - 100 rubles.
The procedure for making changes to the USRR records that do not entail the termination or transfer of rights is established by Sec. VII Rules for maintaining the USRR, approved by Decree of the Government of the Russian Federation of February 18, 1998 N 219.
In accordance with paragraph 67 of these Rules, the change record sheet (Appendix N 9) is used to enter into the USRR such information that does not entail a significant change in the object, as well as the termination and transfer of rights to it. Such information, in particular, includes a change in surname, name, patronymic, place of residence individual, the name of the legal entity or its legal address, specification of the area of the object, changes in case of minor reconstruction of the object, etc.
It should be borne in mind that in accordance with paragraph 1 of Art. 16 of the Federal Law of July 21, 1997 N 122-FZ "On State Registration of Rights to Real Estate and Transactions with It" state registration of rights, including changes, is of a declarative nature. Registration of rights and transactions with real estate is carried out only on the basis of an application from the right holder or parties to the agreement. In the absence of an application, registration actions are not performed.
In view of the foregoing, for making changes to the USRR records on the basis of an application by an interested person, regardless of whether these changes occurred due to changes in legislation (in this case, changes in the procedure for determining the total area of \u200b\u200ba residential premises in accordance with the Housing Code of the Russian Federation) or for other reasons, the state fee payable in accordance with 21 p. 1 art. 333.33 of the Code.
Director of the Tax Department
and customs tariff policy
M.A. MOTORIN
09.06.2005

1. The objects of housing rights are residential premises.

2. Residential premises shall be recognized as isolated premises, which are immovable property and suitable for permanent residence of citizens (meets the established sanitary and technical rules and regulations, other requirements of the legislation (hereinafter referred to as requirements).

3. The procedure for recognizing the premises as residential premises and the requirements that the residential premises must meet, including for its adaptation and adaptation of common property in apartment building taking into account the needs of persons with disabilities, are established by the Government of the Russian Federation in accordance with this Code and other federal laws.

4. A dwelling may be declared unfit for habitation on the grounds and in the manner established by the Government of the Russian Federation.

5. The total area of a dwelling consists of the sum of the area of all parts of such a dwelling, including the area of premises for auxiliary use, intended to meet citizens' domestic and other needs associated with their living in a dwelling, with the exception of balconies, loggias, verandas and terraces.

Commentary on Art. 15 ZhK RF

1. In accordance with the most common point of view, the object of a legal relationship is that about which this legal relationship is formed. Housing legal relations arise in connection with residential premises. Therefore, in part 1 of the commented article it is indicated that the objects of housing rights are residential premises.

2. An isolated premise intended for the residence of citizens is recognized as residential. Traditionally, a room is recognized as isolated if it has an autonomous access to places common use(to the corridor, hallway, landing, etc.) or to the street (see also the commentary to Article 16 of the LCD).

3. At first glance, the indication that an isolated premise, which is immovable property, is recognized as a dwelling, is devoid of legal content. Moreover, by virtue of Art. 1 of the Federal Law of July 21, 1997 N 122-FZ “On State Registration of Rights to Real Estate and Transactions with It” (hereinafter referred to as the Law on Registration of Rights), residential premises are classified as real estate. However, such an indication makes sense.
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SZ RF. 1997. N 30. Art. 3594.

Unfortunately, a considerable number of citizens still live in prefabricated houses, wagons, beams, etc. Such objects are not immovable property (there is no strong connection with the land). Relations regarding their use for living are not regulated by housing legislation (in appropriate cases, the norms of civil legislation on a property lease (lease) agreement are applied). This is precisely what is emphasized by the indication that the living quarters, i.e. a thing that is an object of housing rights is a room related to immovable property.

4. Only the premises that are suitable for permanent residence of citizens are recognized as residential. Here (in part 2 of the commented article) it is explained in which cases an apartment, house and other premises are considered suitable for permanent residence - they must meet the established sanitary and technical rules and regulations, other requirements of the law. To resolve the issue of the compliance of a particular room with these requirements, materials from the bureau of technical inventory, sanitary and epidemiological services, conclusions of technical (and other) examinations, etc. are used.

5. The procedure for recognizing premises as residential and the requirements that residential premises must meet are established by the Government of the Russian Federation, which, by Decree of January 28, 2006 N 47, approved the Regulation on recognizing premises as residential premises, residential premises unfit for habitation and an apartment building as emergency and subject to demolition or reconstruction.

The effect of this Regulation applies to residential premises in operation located on the territory of Russia (clause 2), regardless of the form of ownership and does not apply to residential premises located in objects capital construction, the commissioning of which and state registration were not carried out in accordance with the Town Planning Code of the Russian Federation (clause 3).

6. Recognition of the premises as residential, suitable (unsuitable) for the habitation of citizens, as well as an apartment building as emergency and subject to demolition or reconstruction is carried out by an interdepartmental commission created for these purposes.

Depending on the type housing stock according to the form of ownership, the interdepartmental commission is created by the federal executive body, the executive body of the constituent entity of the Federation, and the local self-government body, respectively. The commission includes representatives of the body that made the decision to establish it, as well as representatives of bodies authorized to conduct state control and supervision in the areas of sanitary and epidemiological, fire, industrial, environmental and other safety, consumer rights protection and human well-being, to conduct inventory and rehabilitation of real estate objects. Where necessary, representatives of the bodies of architecture, urban planning and other relevant organizations are also involved.

The owner of the dwelling (a person authorized by him), and, if necessary, experts from design and survey organizations with the right of a decisive vote, are involved in the work of the commission with the right of an advisory vote.

The chairman of the commission is a representative of the body that made the decision to create it (clause 7 of the named Regulations).

The local self-government body has the right to decide on the recognition of private residential premises located on the relevant territory as suitable (unsuitable) for citizens to live and to delegate to the interdepartmental commission the authority to assess the compliance of these premises with the established requirements and to decide on the recognition of these premises as suitable (unsuitable) for living. citizens (clause 8 of the Regulations).
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The given instructions on the powers of the interdepartmental commission, contained in the Regulation under consideration, appear to be contrary to the law. Thus, the recognition of residential premises of the housing stock of a constituent entity of the Federation as unfit for habitation is referred to the jurisdiction of state authorities of the constituent entity of the Federation (clause 6, article 13 of the LC). The recognition of residential premises of the municipal housing stock as unfit for habitation should be carried out by local governments (clause 8, part 1, article 14 of the LC). It is clear that the interdepartmental commission cannot be considered either a state authority or a local self-government body (it is strange, but in the Decree of the Plenum of the RF Armed Forces of July 2, 2009, this commission is referred to as a body (p. 22)).

7. In the said Regulation, the requirements that a dwelling must meet are determined in sufficient detail for an act of this level. In particular, requirements are formulated for the load-bearing and enclosing structures of a dwelling (clause 10), the arrangement and equipment of a dwelling and the common property of the owners of premises in an apartment building (primarily in order to prevent the risk of injury, ensure the convenience and safety of movement and accommodation (clause 11)), engineering systems (clauses 12 - 14), etc. The Regulation provides that residential premises, as well as premises that are part of the common property of the owners of premises in an apartment building, must be protected from the ingress of rain, melt and ground water and possible household water leaks from engineering systems(p. 16); access to a dwelling located in an apartment building above the fifth floor, with the exception of the attic floor, must be carried out using an elevator (clause 17); accommodation in the basement and basement floors not allowed (clause 23); placement of a toilet, bathroom (shower room) and kitchen above the rooms is not allowed (equipment of a toilet, a bathroom (shower room) in the upper level above the kitchen is possible in apartments located on two levels (p. 24), etc.

The Regulation also contains requirements for space-planning solutions for residential premises (clause 20), insolation (clause 21), height of premises (clause 22), electric field strength, magnetic field induction (clause 30), etc. At the same time normative and technical instructions are often formulated. So, in a residential area at a distance of 0.2 m from walls and windows and at a height of 0.5 - 1.8 m from the floor, the electric field strength of the industrial frequency of 50 Hz and the induction of the magnetic field of the industrial frequency of 50 Hz should not exceed 0.5, respectively. kV/m and 10 μT (item 30); inside a dwelling, the equivalent radiation dose rate should not exceed the dose rate permissible for open areas by more than 0.3 μSv / h, and the average annual volume activity of radon in the air of operated premises should not exceed 200 Bq / m3. m (p. 31).

Naturally, reference norms are also used to determine the requirements that residential premises must meet. So, in a residential area, the permissible levels of vibration from internal and external sources during the daytime and at night must correspond to the values \u200b\u200bestablished in the current regulatory legal acts (clause 27). A similar indication is given with regard to the permissible level of infrasound (paragraph 28).

In some cases, the requirements are determined by reference with the simultaneous establishment of a certain limit. For example, in a residential area, the permissible sound pressure levels in octane frequency bands, equivalent and maximum sound levels and penetrating noise must comply with the values established in regulatory legal acts and not exceed the maximum permissible sound level in rooms and apartments during the daytime - 55 dB , at night - 45 dB (p. 26).

Sometimes the requirements for living quarters are formulated using evaluation categories. Thus, the load-bearing and enclosing structures of a dwelling should be in a working condition, in which violations that occurred during operation, in particular deformability (and in reinforced concrete structures - crack resistance), do not lead to a violation of the operability and load-bearing capacity of structures, the reliability of a residential building and ensure safe the stay of citizens and the safety of engineering equipment (clause 10).

Thus, establishing whether the premises meet the requirements for living quarters is a rather complicated process. It is necessary to refer to a large number of normative acts, to conduct examinations, measurements, etc. etc.

8. In the event that statutory in the order a residential house (building) is erected and put into operation, such an act as the recognition of this house (premises located in it) as residential (residential) is not required. Recognition of the premises as residential in this case is limited to actions that mediate its commissioning (including checking whether it meets the requirements for residential premises), state accounting and state registration of the right to it (as to residential premises).

It follows from the foregoing that the rules contained in the above Regulation, approved in pursuance of the instructions of parts 3, 4 of the commented article, apply in the following cases.

First, when deciding on the transfer non-residential premises to residential. In particular, such a transfer is unacceptable if the relevant premises do not meet the established requirements or there is no possibility to ensure compliance with the requirements (part 4 of article 22 of the LC).

Secondly, when establishing whether a premise used as housing and from a legal point of view is considered a residential premise is suitable for living.

Thirdly, when resolving the issue of recognizing an apartment building in operation as emergency and subject to demolition.

9. Earlier it was said about the objective, relatively speaking, grounds for recognizing residential premises as suitable (unsuitable) for habitation. Apparently, it is also necessary to single out circumstances of a subjective nature that may indicate the suitability (or unsuitability) of a particular dwelling for the residence of specific persons. The Regulation, in particular, establishes that certain residential premises may be recognized as unsuitable for living “invalids and other low-mobility groups of the population who use wheelchairs due to illnesses” (paragraph 54). It seems that residential premises should be recognized as unsuitable for certain categories of citizens to live in the presence of “medical criteria”, regardless of whether wheelchairs are required, whether these citizens have them and whether they use them.

10. Summarizing the above, when commenting on the rules contained in parts 3, 4 of this article, it can be noted that the basis for recognizing a dwelling as unfit for habitation is the presence of identified harmful factors in the human environment that do not allow ensuring the safety of life and health of citizens due to the deterioration of the building as a whole or its individual parts, operational characteristics, leading to a decrease to an unacceptable level of building reliability, strength and stability of building structures and foundations.

Residential premises are recognized as unsuitable for habitation, having high percent physical wear; located in sanitary-protective, fire-and-explosion hazardous industrial areas, in hazardous areas of rock dumps of coal, shale mines and processing plants, areas of landslides, mudflows and snow avalanches, in areas annually flooded with flood waters; after an accident, fire, natural or man-made disaster, if restoration work is technically impossible or not economically feasible, etc.

11. In the previous legislation, legal significance was usually given not to the entire (total) area of an apartment or residential building, but only to the living area. It included only the area of the actual living quarters (rooms) and did not take into account the area of the hallway, corridor, kitchen, bathroom, etc. (according to the previously adopted terminology - "utility premises and common areas"). At present, these objects are referred to in the LC RF (including in Part 5 of the commented article) as "premises for auxiliary use, intended to meet citizens' domestic and other needs." For example, housing was provided within the norm of living space, i.e. no more than 12 sq. m of living space for each family member (Article 40 of the LCD of the RSFSR). Only living space was paid (the size of utility rooms and common areas did not matter).

In recent years, in various kinds of legal acts (including federal laws), more and more often, legal significance has been given not to residential, but to the total area of \u200b\u200ba residential premises (apartments, houses). In the Housing Code of the Russian Federation, this trend has been completed. So, the accounting rate and the rate of provision are established based on the total (and not residential) area of \u200b\u200bthe dwelling (see Article 50 of the LCD and the corresponding commentary). The amount of payment for rent, for the maintenance and repair of residential premises for tenants under contracts social recruitment and contracts for the commercial rental of residential premises of state and municipal housing funds is determined on the basis of the total area occupied by the residential premises (see part 2 of article 156 of the LC and commentary thereto).

In this regard, it is necessary to establish what is included in total area apartment or other object of housing rights. This problem is solved in part 5 of the commented article. The essence of the norm contained in it lies in the fact that the total area includes everything that forms this object of housing rights (living rooms, hallway, corridor, kitchen, dressing room, bathroom, toilet, etc.), with the exception of the objects indicated here (balconies , loggias, verandas and terraces). The list of exceptions is formulated imperatively and as exhaustive, i.e. no other federal law, other legal act or agreement can change or supplement it.

1. The grounds for the emergence of housing rights are listed in Article 10 of this Code.

housing code defines residential premises as objects of housing rights and gives them a definition.

2. The Housing Code of the Russian Federation defines residential premises as real estate.

The Civil Code of the Russian Federation under real estate, among other things, means everything that is firmly connected with the land, that is, objects that cannot be moved without commensurate damage to their purpose, including buildings and structures. In addition to the definition of real estate, the Civil Code of the Russian Federation establishes in its articles and legal regime real estate:

1) in accordance with Art. 131 the right of ownership and other real rights to real estate, restrictions on these rights, their emergence, transfer and termination are subject to mandatory state registration;
2) the right of ownership to newly created real estate or transferred under a contract arises from the moment of state registration of this real estate (Article 219) or transfer of ownership of it to the buyer (Article 551);
3) special rules have been established for transactions with real estate, providing for the dependence of rights to land plot from real estate rights. So, a pledge of real estate (mortgage) is allowed only with simultaneous mortgage under the same agreement of the land plot on which it is located, or of its part necessary for its use, or the right of the pledger to use this plot or part of it (Article 340).
When real estate is sold or rented, simultaneously with the transfer of ownership to the buyer, rights to that part of the land plot that is occupied by the property and necessary for its use are transferred. If only a land plot is sold or rented out, the owner of the real estate retains the right to use that part of it that is occupied by this real estate and is necessary for its use on the conditions provided for in the contract, and in their absence, the right of limited use (servitude) (Art. Art. 552, 553, 652, 653);
4) an obligation the subject of which is real estate, according to general rule performed at its location.

The Housing Code of the Russian Federation indicates as the main features of a dwelling:

its isolation;
suitability for permanent residence (that is, the compliance of the dwelling with the established sanitary and technical rules and regulations, other legal requirements).

3. The procedure for recognizing a premise as residential and its compliance with legal requirements shall be established by the Government of the Russian Federation in accordance with this Code and other federal laws.

The Civil Code of the Russian Federation (Article 673) establishes its own criteria, however, similar to the above definitions of residential premises, defining it as "isolated residential premises suitable for permanent residence", and lists them as an apartment, residential building, part of an apartment or residential building. Further, the Civil Code refers to the fact that the suitability of a dwelling for living is determined in the manner prescribed by housing legislation.

This Housing Code establishes high social requirements for housing. First of all, it must meet such a minimal but indispensable quality as isolation. Being isolated, it becomes residential, provided that its level of sanitary and technical suitability corresponds to the possibility of permanent residence in it, which distinguishes housing from non-residential premises. For example, the possibility of living indoors not only in the warm season, but also at low air temperatures, which is how a living space differs from a summer cottage.

If we consider the criteria for the compliance of a room with a residential one at the level of the constituent entities of the Russian Federation, we can note, for example, the Decree of the Government of Moscow, which establishes the following housing standard - a house (apartment) with all kinds of amenities: electricity, water supply, sewerage, central heating, bath (shower) , gas or electric stove, hot water supply (centralized or gas water heater), elevator, garbage chute regardless of the material of the walls (Bulletin of the Moscow City Hall. 1997. N 18. P. 49).

4. The grounds and procedure for recognizing residential premises as unfit for habitation are currently established by Decree of the Government of the Russian Federation of September 4, 2003 N 552. This Decree establishes the procedure for recognizing residential buildings (residential premises) as unfit for habitation, regardless of the form of ownership in the housing stock they are located, with the exception of individual residential buildings that are privately owned by persons permanently residing in these residential buildings, as well as the recognition of residential buildings (residential premises) as unsuitable for a particular citizen to live for medical reasons. It says that residential buildings (residential premises) are recognized as unfit for habitation:

in a state of disrepair;
in emergency condition;
in which the harmful effects of environmental factors have been identified.

Issues on the recognition of residential buildings (residential premises) unsuitable for habitation are resolved by an interdepartmental commission created by the executive authorities of the constituent entities of the Russian Federation at the request of the owner or authorized owner, or at the direction of the executive authority of the relevant constituent entity of the Russian Federation or local government, or on the proposal of the state sanitary authorities. epidemiological service, state fire service, state housing inspection, or a statement from citizens.

5. The total area of a dwelling is summed up from the area of all rooms of such a premise, common areas, which are the kitchen, bathroom, corridor, pantry, but this Code does not include summer premises, which are a balcony, loggia, veranda, terrace.

If you take the explication for any apartment, you will notice that the total area of the apartment, its living area and other summer premises are indicated separately.

The calculation of the total area of the apartment is especially important when we are faced in court with issues such as determining the order of use of the apartment ( residential building), determination of the share in joint ownership.

1. The objects of housing rights are residential premises.

3. The procedure for recognizing a premise as a dwelling and the requirements to be met by a dwelling, including for its adaptation and adaptation of the common property in an apartment building, taking into account the needs of the disabled, are established by the Government of the Russian Federation in accordance with this Code, other federal laws.

(as amended by Federal Laws No. 160-FZ of 23.07.2008, No. 93-FZ of 25.06.2012, No. 419-FZ of 01.12.2014, No. 462-FZ of 29.12.2017)

4. A dwelling may be declared unfit for habitation on the grounds and in the manner established by the Government of the Russian Federation.

(as amended by Federal Laws No. 160-FZ of 23.07.2008, No. 93-FZ of 25.06.2012)

Article comments

In a comment Art. one of the elements of the housing legal relationship is specified - the object, which is the residential premises. It is the object that can serve as a criterion for distinguishing between relations regulated by housing legislation and other property relations, constituting the subject of regulation of various institutions of civil law. So, for example, when considering in court claims for the release of premises that are not part of the housing stock, and, therefore, are not residential, it is necessary to apply not housing legislation, but the norms of civil law on rent (property lease).

In paragraph 2 of the comment. Art. a legal definition of a dwelling as an object of civil rights is given, containing its essential features.

Firstly, residential premises refer to real estate, which is characterized by a strong connection with the land and the movement of which is impossible without disproportionate damage to its purpose (Article 130 of the Civil Code of the Russian Federation).

Secondly, this room is isolated, i.e. it is individualized and isolated in space as a residential building, apartment, room, having a separate exit to the street, to the stairwell or to the common corridor.

Thirdly, the dwelling is intended and suitable for permanent residence of citizens (clause 2 of article 288 of the Civil Code of the Russian Federation, clause 1 of article 17 of the LCD). This premises should be legally recognized as a residential authorized body only if it complies with regulatory sanitary, technical and other requirements, such as fire safety, environmental, architectural and urban planning.

In a comment the rule does not indicate such a property of a dwelling as livability, which is fixed by the legislation of some constituent entities of the Russian Federation (see: clause 2, article 4 of the Law of Moscow of March 11, 1998 "Fundamentals of the housing policy of Moscow" // Bulletin of the Moscow City Duma, 1999. N 8, item 1, article 1 of the Law of St. Petersburg of July 4, 2001 "On the Housing Policy of St. Petersburg" //Vestnik Legislative Assembly St. Petersburg. 2001. No. 9; 2004. No. 3).

Regulatory requirements presented to a dwelling, as well as the very procedure for recognizing it as residential, should be established by acts of the Government of the Russian Federation. Previously, these norms and rules were established mainly by departmental acts. At the same time, the emphasis was mainly on the criteria for assessing the unsuitability of residential premises. Control over the technical condition of residential premises is currently carried out on the basis of departmental acts, such as the Rules and Norms for the Technical Operation of the Housing Stock, which are approved by the Decree of the Gosstroy of the Russian Federation of September 29, 2003 (RG. 2004 N 214. Oct. 23), as well as acts of regional housing legislation, for example, the Law of Moscow dated April 7, 2004 "On monitoring technical condition residential buildings in the territory of Moscow".

The level of regulatory legal acts regulating the grounds and procedure for recognizing a dwelling as unfit for habitation has been significantly increased. Thus, the current Regulation on the procedure for recognizing residential buildings (residential premises) as unfit for habitation was approved by Decree of the Government of the Russian Federation of September 4, 2003 N 552 (RG. 2003. September 16). According to the said Regulations, residential buildings (residential premises) that are in a dilapidated or emergency condition or have been found to have a harmful effect on the environment are recognized as unfit for habitation.

The definition of the total area of a dwelling was first enshrined in federal law. The total area includes not only the so-called living area, i.e. the area of all living rooms, but also the area of utility rooms and common areas - corridors, hallways, front rooms, kitchens, sanitary facilities, etc. At the same time, in the total area, according to paragraph 4 of the comment. Art., does not include the area of balconies, loggias, verandas, and terraces.