Total area of ​​the apartment: what is it?

When calculating the fee for CD on SOI, data on the area of ​​​​the common property of the house is used

The reason for the trial in case No. A57-26118/2017 was an order from the State Housing Authority in relation to one of the management organizations in Saratov. Based on a complaint from the owner of a premises in an apartment building, the supervisory authority conducted an unscheduled documentary inspection of the management office on the question of whether the calculation of the payment for CD for SOI in this building in June 2021 was carried out correctly. It was about paying for hot and cold water and sewerage services.

The MA calculated payments for resources consumed for the maintenance of the common property of the owners based on the standard established in the region. At the same time, the management organization used the area of ​​the entire common property, which amounted to more than 5.8 thousand sq.m.

The GZhN body, having completed the inspection, recorded a violation by the management organization of clause 29 of the RF PP No. 491, clause 27 of Appendix 1 to the RF PP of May 23, 2006 No. 306. The inspectors recorded that the management organization when calculating fees for cold, hot water and wastewater disposal , spent on the maintenance of common property, included in the OP premises premises that were not provided for calculating such a fee.

The State Housing Inspectorate demanded that the Management Authority eliminate the violations and make a recalculation to the owners, excluding from the calculations the area of ​​engine rooms, elevators, garbage bins, technical underground and fire exits - almost 763 sq.m.

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The MA used data on the area of ​​​​all common premises in the house to calculate the payment for CD on SOI

The management organization did not agree with this point of view and filed a lawsuit demanding that the order of the GZHN body be declared invalid and unenforceable. In support of its position, the MA indicated that the composition of the common property of the owners in accordance with paragraphs. “a” clause 2 of RF PP No. 491 includes premises that are not parts of apartments and serve more than one premises.

This includes inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, strollers, attics, technical floors, garages, technical basements, boiler rooms, boiler rooms. Services for their maintenance are included in the minimum list of services and works for the maintenance of common property specified in RF PP No. 290, and they are paid by the owners.

Services for the proper maintenance of common premises in the house include cleaning and sanitary cleaning of such premises, for which utility resources are spent (clause 11 of RF PP No. 491). In accordance with RF PP No. 1498, payments for resources consumed for these purposes have been included in the list of housing services for the maintenance of residential premises since January 2021 and are calculated based on the cost of 1 sq.m. total housing area.

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What is included in the total area of ​​an apartment building

• 1. The sum of the premises of each floor of the building. Only the internal surfaces of load-bearing walls are measured.
• 2.The calculation for one floor includes the following area sizes:
• verandas;
• terraces;
• balcony;
• loggias;
• vestibule;
• stroller compartment;
• landing;
• steps (in a span of one floor).
• 3. Corridors.
• 4.Vestibules.
• 5. Premises for technical support.
• 6. Basement and attic passages where various types of communications are located.
• 7. Existing internal garages or areas for transport.
• 8. Other premises that are not the property of a specific tenant (halls for recreation, leisure, or sports).
• 9. Security and concierge rooms.

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The composition of common property for calculating payment for CD on SOI is specified in RF PP No. 306

The Goszhilnadzor body insisted in court on the correctness of its conclusions made after checking the activities of the management organization. The representative of the supervisory authority insisted that the area of ​​common property of the owners in the apartment building, which should be used to calculate the Kyrgyz Republic’s payment for the SOI, is 5053.3 sq.m.

This area includes, according to the technical documentation of the house, stairs, corridors and strollers. According to GZHI, the management organization improperly included in the calculation the area of ​​engine rooms, elevators, garbage bins, technical underground and fire exits.

Such actions of the Management Authority contradict clause 27 of Appendix 1 to RF PP No. 306, which establishes standards for water consumption and wastewater disposal services for the purpose of maintaining common property in the house. The specified paragraph states that the total area of ​​​​the premises included in the common property in an apartment building for calculating the payment for the specified KR on SOI is defined as the total area:

• inter-apartment landings and stairs;
• corridors, vestibules, halls;
• lobbies, strollers;
• security (concierge) premises.

An increase in the area of ​​common property at the expense of other premises leads to an overestimation of the owners’ payment for the CD on SOI.

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Where to find out the area of ​​an apartment building

Attics and basements are part of the common property of an apartment building. By virtue of clause B1.1 of Appendix B of SP 54.13330.2011 “Residential multi-apartment buildings. Updated version of SNiP 31-03-2003”, the area of ​​a residential building should be determined as the sum of the areas of the floors of the building, measured within the internal surfaces of the external walls. The floors include the area of ​​balconies, loggias, terraces and verandas, as well as landings and steps, taking into account their area at the level of a given floor.

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The composition of common property for calculating the payment for the Kyrgyz Republic on SOI is individual for different housing services

The courts of all instances agreed with the arguments of the State Housing Supervision Authority, and the management organization appealed to the Supreme Court of the Russian Federation, but the highest court also did not agree with the arguments of the UA.

The decision on the dispute was made by the Supreme Court of the Russian Federation based on the following requirements of regulatory legal acts, which were cited by all previous courts when considering the dispute:

1. The area of ​​common premises, which is used when calculating payments for cold, hot water and sewerage consumed for the maintenance of the common property of owners in an apartment building, is determined in accordance with the requirements of RF PP No. 306 and the technical passport of the apartment building.
2. The area of ​​common property for settlements for the Kyrgyz Republic on the SOI for cold, hot water supply and sanitation includes only the areas of premises specified in clause 27 of Appendix 1 to RF PP No. 306: the areas of inter-apartment landings, stairs, corridors, vestibules, halls, vestibules, wheelchairs, security premises according to the data specified in the technical documentation.
3. Consequently, to calculate payments for hot and cold water and sewerage provided for the purpose of maintaining common property, the areas of not all common premises specified in Art. 36 Housing Code of the Russian Federation. The list of them is individualized for the calculation of a specific housing service.
4. When calculating the area of ​​premises that are part of the common property of owners in apartment buildings, the management authority must take into account the same composition both when determining the KR standards for SOI and when calculating fees for such services.

The courts also emphasized that for such a violation when calculating the Kyrgyz Republic’s payment for SOI, the management organization had already been brought to administrative liability under Part 2 of Art. 14.6 of the Code of Administrative Offenses of the Russian Federation - for violation of the pricing procedure (case No. 5-969/2017).

Taking into account the above requirements of regulatory legal acts, the Supreme Court of the Russian Federation confirmed the correctness of the Goszhilnadzor body and upheld the decisions previously taken in the case. The conclusion of the Supreme Court of the Russian Federation was unequivocal: the inclusion in the common property of premises not specified in the RF PP No. 306 for calculating the payment of the Kyrgyz Republic for SOI for hot, cold water supply and sanitation services and determination is unlawful.

What area is included in the common property of an apartment building?

In accordance with paragraph 40 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011.

No. 354 (hereinafter referred to as the Rules for the provision of utility services), the consumer of utility services in an apartment building, regardless of the chosen method of managing the apartment building, as part of the payment for utility services, separately pays a fee for utility services provided to the consumer in residential or non-residential premises, and a fee for utilities consumed during the use of common property in an apartment building.

Letter from the Ministry of Regional Development of the Russian Federation dated November 22, 2012

When calculating the fee for one service, it should be taken into account that when calculating the amount of the fee for cold and hot water supply, the so-called “cleaning” area, and when calculating one tax for electricity - the entire area of ​​​​the common property of the owners of the premises, including attics and basements

What is included in the area of ​​common property of an apartment building

Also, according to clause 17 of Appendix 2 of the Rules for the provision of utility services to owners (Resolution of the Government of the Russian Federation dated 06.05.

2011 N 354) the total area of ​​the premises that are part of the common property in an apartment building is defined as the total area of ​​the following premises that are not parts of the apartments of the apartment building and are intended to serve more than one room in the apartment building (according to the information specified in the passport of the apartment building) : areas of inter-apartment landings, stairs, corridors, vestibules, halls, vestibules, strollers, security (concierge) premises in this apartment building that do not belong to individual owners.

The issue of taking into account, in calculating the amount of payment for cold (hot) water supply, the total area of ​​premises included in the common property in an apartment building, the total area of ​​non-residential premises in an apartment building, was considered by the Department of City Economic Policy. Based on the results of our review, we report the following.

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I answer:

This is not an easy question, and I’m unlikely to answer it now. But I took note.

What about the elevator analogy? After all, the first floors do not use an elevator, but elevators are included in the common property (Part 1 of Article 36 of the Housing Code of the Russian Federation) and all owners pay for their maintenance and repairs.

The in-house heating system is also mentioned as part of the common property (see above).

So it's more like "no" than "yes".

What refers to the common property of an apartment building (what is included)

The main regulations governing legal relations in this area are the Housing Code, as well as government decree No. 491 dated August 13, 2006. In general, you should refer to the provisions of the Housing Code of the Russian Federation.

Regarding the maintenance of relevant facilities, you need to read the already indicated government decree. The common property of an apartment building is characterized by a large number of nuances in terms of use and maintenance.

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When conducting relevant legal proceedings, the authorized body that established the standards usually provides explanations that in calculating the standards for electricity consumption at one-room apartment buildings, not the entire area of ​​​​the premises included in the common property of the owners of the apartment building premises was used, but only the area of ​​​​those premises that was taken into account calculation of standards for cold and hot water supply services at ODN, i.e. without attics and basements (clause 27 of Appendix No. 1 of Rules No. 306). In connection with this, according to the explanations of the authorized body, management organizations, when determining the excess volume of electricity consumption at the ODN, should not take into account the area of ​​attics, basements and other premises that are part of the general property of the apartment building, not used in calculating the standards for electrical energy consumption at the ODN.

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On the procedure for determining the area of ​​​​premises included in the common property of mkd when calculating the amount of payment for utility services for electricity supply per one

The energy passport of a building includes such a criterion as “Area of ​​heated premises”. Let's consider a regular MKD. With regard to citizens' apartments, the issue is clear - clause 1.8 of the Resolution of the State Committee of the Russian Federation on Construction, Architectural and Housing Policy dated February 23, 1999.

for No. 9 “On approval of the methodology for planning, accounting and calculating the cost of housing and communal services”. Let's look at the common property of the apartment building. In TSN we read - “the heated area of ​​the building should be determined as the area of ​​the floors (incl.

attic, heated basement and basement) buildings, measured within the internal surfaces of the external walls, including the area occupied by partitions and internal walls.

What are the areas of the premises included

If the management company incorrectly calculates the cost of heating due to the total area incorrectly indicated in the documents, it is necessary to re-register, after which the corresponding changes are made to the cadastral passport and certificate of ownership. After this, the management company will have to recalculate.

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31 Aug 2021 stopurist 559

Source: https://uristtop.ru/darenie-nedvizhimosti/kakaya-ploshhad-vhodit-v-sostav-obshhego-imushhestva-mnogokvartirnogo-doma

The total area of ​​the premises included in the common property in the house

It should be noted that questions with the correct determination of area began to arise in connection with the need to equip apartment buildings with common building metering devices, because in those buildings where such devices are not available, it does not matter what area is occupied by, say, shops located on the ground floor, the calculation is made for apartments according to standards, for non-residential premises a certain volume of utility services is calculated by the resource supply organization, taking into account what is in this room, what its area is and other parameters. When a house has a communal metering device installed for some utility service, it is very important to take into account all the premises, and not just apartments, for example.

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Remember

The organization managing the house, as well as the HOA and RSO, which charge residents of apartment buildings a fee for utility resources consumed for the maintenance of common property, must clearly separate two situations:

1. The composition of the common property, which includes all the objects listed in Part 1 of Art. 36 of the RF Housing Code and clause 2 of the RF PP No. 491, is used to calculate the amount of payment for the maintenance of residential premises and other housing services.
2. The composition of the common property, which is used when determining the standard for the consumption of cold water, hot water and disposal to SOI and when calculating the payment for these housing services, is determined in accordance with clause 27 of Appendix 1 to RF PP No. 306.

Calculation of fees for utility resources for the purpose of maintaining common property in an apartment building involves the inclusion of different areas of common property for different utility resources. This is emphasized by the Ministry of Construction of the Russian Federation in letter dated 04/11/2017 No. 12368-АЧ/04.

Do you correctly make calculations for the Kyrgyz Republic on SOI for hot, cold water and sanitation? Check before the GZHN body does it.