Technical requirements for an individual residential building. Requirements to be met by the property

In accordance with Art. 671, paragraph 1 of Art. 673, 676 of the Civil Code of the Russian Federation, Art. 17, 60, 62 of the Housing Code of the Russian Federation, residential premises are provided under commercial and social rental agreements for permanent residence citizens. At the same time, this provision does not contradict the urgency of the commercial lease agreement, since in the case of social tenancy, housing is provided in order to satisfy housing needs that are of a permanent nature. Although commercial rentals are always limited certain period, the tenant has the right to expect to receive, under the contract, a dwelling that meets the established sanitary and technical rules and norms, other requirements of the legislation (Article 15 of the LC).
The concept of "livability", as well as suitability for permanent residence, is not disclosed in the legislation, but is widely used (Articles 84 - 89 of the LC). Analysis of Part 1 of Art. 89 of the LC RF allows us to draw the following conclusions:
1) well-being depends on the conditions of a particular settlement (according to paragraph 37 of the Decree of the Plenum of the RF Armed Forces dated July 2, 2009 N 14 "On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation, first of all, the level of well-being of residential premises of state and municipal housing stock in this locality is taken into account), i.e. in different localities, the level of achieved well-being is different.
2) a well-maintained living space must comply with the established sanitary, technical rules and regulations, and other requirements of the law. General requirements to livability are determined by Decree of the Government of the Russian Federation of January 28, 2006 N 47 "On approval of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and apartment building emergency and subject to demolition or reconstruction ". To determine the livability of a dwelling, there are various architectural, planning and technical criteria established by state standards, building codes and regulations. These criteria include: the allocation of a living area in a residential area, utility rooms (veranda, pantry, kitchen) and sanitary facilities (bathroom, bathroom), as well as heat supply, electricity, water supply, sewerage, radio, telephone, waste disposal using modern technical solutions etc. In addition, in comfortable living quarters, the requirements of sanitary rules and regulations must be met. At the same time, if the dwelling does not meet sanitary and technical requirements, it is subject to demolition or conversion into non-residential.
3) a well-maintained living space should be located within the boundaries of the settlement, and not outside it, for example, in an industrial area.
By livability is meant, first of all, a complex of communal amenities available in the provided residential premises and corresponding to the conditions of most housing stock of this locality. The amenities include: plumbing, central heating, electric lighting and other types of utilities. Naturally, a well-maintained living space should not be in a dilapidated or emergency condition, be in basements, barracks, wagons and other temporary structures.
Of course, in our country, the tenant can count on the basis of his financial capabilities to receive comfortable housing with all the necessary amenities that meets the modern needs of human life support under a commercial lease agreement. But in some cases, for example, in small towns, regional centers, rural settlements, residential premises are rented out that do not have all the necessary amenities, which does not mean at all that such housing is unsuitable for permanent residence and cannot be the subject of the contract in question. The main thing is that the living quarters comply with the established sanitary and technical rules and regulations, and other requirements of the current legislation.
The suitability of a dwelling for permanent residence means the presence of a constructive and functionality all-season (at any time of the year, regardless of weather conditions) residence of citizens in it during long term, which also assumes the safety of the dwelling when it is used for its intended purpose. The sign of the suitability of premises for permanent residence makes it possible to distinguish residential premises from non-residential premises. The Constitutional Court of the Russian Federation in its Resolution of April 14, 2008 N 7-P on the case of checking the constitutionality of para. 2 tbsp. 1 of the Federal Law "On horticultural, horticultural and dacha non-profit associations of citizens" in connection with the complaints of a number of citizens, in fact, recognized this feature as the only one necessary for classifying a residential building located on a garden plot belonging to the lands of settlements as an object of housing rights and allowed registration at the place of residence in a residential building suitable for permanent residence. The indicated position of the Constitutional Court of the Russian Federation allows us to conclude that even if the premises are functionally intended only for temporary residence, this is not a basis for its exclusion from residential if it is objectively suitable for permanent residence, for example, a hotel room, country house.
Article 673 of the Civil Code of the Russian Federation on the issue of determining the suitability of a dwelling for living refers to housing legislation and allows the requirements of the Housing Code of the Russian Federation to be applied to the subject of a commercial lease agreement, which, in turn, acts as a guarantee of the tenant's right to receive under this agreement a truly suitable for permanent residence .
In accordance with Part 4 of Art. 15 of the Housing Code of the Russian Federation, a dwelling may be declared unfit for habitation on the grounds and in the manner established by the authorized Government of the Russian Federation federal body executive power. In particular, residential premises (houses) are recognized as unsuitable for habitation:
1) in a dilapidated state;
2) in emergency condition;
3) in which the harmful effects of environmental factors have been identified.
Thus, based on the requirements of the current legislation, suitability for permanent residence is determined by the following parameters:
1) the properties and condition of the building itself, in which the dwelling is located;
2) the level of well-being;
3) environmental safety.
Living quarters must satisfy healthy and safe living, meet sanitary standards and requirements for space, daylight, security, water supply, permanent heating, ventilation and other conditions that ensure normal and healthy living for people. By establishing such requirements, the legislator secures not only the private interest of the employer, but also the public interest. At the same time, it is fair to note that residential premises unsuitable for permanent residence cannot be provided to the tenant even with his consent, and, therefore, cannot be the subject of both a social contract and a commercial contract at all.
In accordance with Art. Art. 15, 51 of the Housing Code of the Russian Federation, an isolated room is recognized as residential premises, which is real estate and is suitable for permanent residence of citizens (meets the established sanitary and technical rules and regulations, other requirements of the law). A dwelling may be declared unfit for habitation on the grounds and in the manner established by the authorized Government. Russian Federation federal executive body. Citizens living in premises that do not meet the requirements established for residential premises are recognized as in need of residential premises provided under social tenancy agreements.
According to paragraph 33 of the Regulations on the recognition of premises as residential premises, residential premises unfit for habitation and an apartment building as emergency and subject to demolition or reconstruction, approved by Decree of the Government of the Russian Federation of January 28, 2006 N 47, the basis for recognizing residential premises as unfit for habitation is the presence of identified harmful factors human habitats that do not allow ensuring the safety of life and health of citizens due to deterioration due to physical wear and tear during the operation of the building as a whole or its individual parts performance characteristics leading to a reduction to an unacceptable level of building reliability, strength and stability building structures and grounds.
According to paragraph 1 of part 2 of Article 57 of the Housing Code of the Russian Federation, out of turn, residential premises under social rental agreements are provided to citizens whose residential premises are recognized in in due course unfit for habitation and are not subject to repair or reconstruction.
The current Housing Code of the Russian Federation (clause 3, part 2, article 65) establishes the unconditional obligation of the landlord to overhaul the residential premises transferred to the tenant under a social tenancy agreement.
In the Rules for the use of residential premises, approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25, this obligation is formulated no less clearly (subparagraph "d" paragraph 9): the tenant is granted the right "to demand from the landlord timely overhaul residential premises" (see clause 5, part 1, article 67 of the LC RF).
It should be noted that the current LCD does not contain a list of works that must be carried out during major, as well as during current repairs. However, in a standard social tenancy agreement approved in accordance with Art. 63 ZhK Decree of the Government of the Russian Federation of May 21, 2005 N 315, it is determined that "to current repairs occupied premises, performed by the tenant at his own expense, include following works: whitewashing, painting and pasting walls, ceilings, painting floors, doors, window sills, window frames from inside, radiators, as well as replacement of window and door devices, repair of in-house engineering equipment (electrical wiring, cold and hot water supply, heat supply, gas supply). If the performance of the specified work is caused by a malfunction of individual structural elements common property in an apartment building or equipment in it or is associated with the production of a major overhaul of the house, then they are carried out at the expense of the landlord by the organization proposed by him "(subparagraph "e" of paragraph 4).

The construction of an individual house, like any other structure, requires compliance with certain technical requirements, which are strictly regulated by various regulatory acts of the Russian Federation. There are quite a lot of them: SP 55.1333.2011 "Single-apartment residential houses", SP 131.13330.2012 "Construction climatology", SP 22.13330.2011 "Foundations of buildings and structures", SP 131.13330.2012 "Loads and impacts", etc. Below we consider the most important points, which should guide both customers and architects when developing projects for houses made of aerated concrete or other materials.

Basically, everything that is planned to be implemented during the construction of an individual house is determined by the future owner of the building: the number of floors, the order of placement and the size of the rooms, the presence of a basement and other utility rooms, the amount of engineering equipment and much more that will provide comfortable rest, cooking, taking hygiene procedures and other daily activities in this home. However, all this must be implemented in accordance with certain norms and rules, which can be roughly summarized in four categories:

• primary requirements;
• house construction;
• Fire safety;
• engineering Communication.

Basic building rules

The main requirements for the construction of a residential individual house are determined by the standards of SP 55.13330.2011 "Single-apartment residential houses". This document contains the dimensions and a list of rooms that should, in without fail be present in the structure of the building: living room, toilet, kitchen, shower room or bath, utility room(pantry) or built-in wardrobes.

The layout of the house is carried out in such a way that the norms for the minimum dimensions of the premises are observed, which are determined from the conditions for the possibility of arranging furniture and equipment planned for use in each particular room. For example, the minimum kitchen area is defined as 6 m 2, and the size of the bedroom should not be limited to 8 m 2. At the same time, both the width and height of the premises are strictly regulated. The height of the kitchen and living rooms should be more than 2.7 m, and for similar rooms located in the attic, the ceiling should be higher than 2.3 m. A prerequisite for these premises is also the presence natural light(windows).

Design requirements

The foundation and construction of an individual residential building are calculated on the basis of normative loads which are assumed during the operation of the building, with the exception of its deformation or damage. Calculation methods strictly comply with current regulations. Architects design individual houses taking into account both temporary and permanent loads on all elements of the building, including bearing structures. This should take into account the weight of the building itself, the load from the equipment and furniture installed inside, etc.

The foundation is the basis for the house, so its design is given Special attention. Here it is necessary to take into account the type and characteristics of the soil, the presence of groundwater, the aggressiveness of the soil, etc.

Fire safety

Against the background of other requirements for fire safety special attention is paid, since its non-compliance is fraught with sad consequences. Everything today regulatory requirements in this regard, they are defined by Federal Law No. 123-F3 of July 22, 2008 (as amended on June 23, 2014), as well as numerous regulations that will more widely explain its provisions. In short, the main point technical regulation on the requirements of the PB" is reduced to the following points:

• when designing and building a residential building, specific measures to prevent fires must be worked out;
• for the evacuation of people in case of fire, projects of houses made of aerated concrete or other materials, in addition to the main one, should provide for emergency exit options;
• the plan of construction and the adjacent territory should provide free access to save people and extinguish a fire;
• the projects must reflect measures to prevent the spread of combustion to neighboring buildings in the event of a fire, as well as possible consequences sudden fire inside each room.

Requirements for engineering communications

Any residential building requires a certain minimum of engineering communications: water supply, heating, ventilation, sewerage, electricity, etc. Strict requirements are also imposed on them. For example, the ventilation system must provide sufficient removal and uniform flow of air masses both into the house itself and into separate rooms. In those rooms where there is a possibility of the formation of unpleasant odors and harmful substances, forced air must be provided outside the building, bypassing the general system.

When designing heating, you should calculate the power of the system to provide the required temperature during the entire heating period. In living rooms according to regulatory requirements temperature regime should not be lower than +20 ° C, in the shower or in the bathroom - more than +24 ° C, and in the toilet and in the kitchen - above +18 ° C.

If it is planned to connect a gas pipeline to the house, then the main line must be carried out either to the kitchen, boiler room or to another special room. IN individual houses allowed to use gas cylinders up to 50 liters capacity.

Remember ! All regulatory requirements must be observed in strict accordance with regulations and documents. Otherwise, the building will not be habitable and will not be able to receive the status of an individual dwelling.

Our company provides professional services to provide finished projects individual housing from aerated concrete. Contact us, and highly qualified specialists of Bonolit - Construction Solutions will help you realize your dream, taking into account all regulatory requirements.

In accordance with Article 15 of the Housing Code (LC), a dwelling may be declared unfit for habitation on the grounds and in the manner established by the Government.

The recognition of an apartment building as emergency and subject to demolition or reconstruction is the basis for the body that made the decision to recognize such a house as emergency and subject to demolition or reconstruction to the owners of the premises in the indicated house of a demand for its demolition or reconstruction within a reasonable time (Article 32 of the LC).

Consider what is the procedure for recognizing the premises suitable for habitation.

The corresponding procedure is established in the Regulation on the recognition of premises as living quarters, residential premises unfit for habitation and an apartment building as emergency and subject to demolition (Regulation), approved by Government Decree No. 47 of January 28, 2006.

Residential premises are isolated premises, which are intended for the residence of citizens, are immovable property and are suitable for habitation.

Thus, residential premises can be recognized:

• residential building - an individually defined building, which consists of rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs related to their living in it;
• apartment - a structurally separate room in an apartment building, providing direct access to the premises common use in such a house and consisting of one or more rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a separate room;
• room - a part of a residential building or apartment intended for use as a place of direct residence of citizens in a residential building or apartment.

Not allowed to be used as residential premises:

• auxiliary premises;
• premises that are part of the common property of the owners in an apartment building.

In order to recognize a dwelling as suitable for habitation, the following requirements must be met.

1. Residential premises should be located mainly in houses located in a residential area in accordance with functional zoning territory.
2. The load-bearing and enclosing structures of the dwelling must be in working condition, in which the violations that have arisen during operation do not lead to a violation of working capacity and bearing capacity structures, the reliability of a residential building and ensure the safe stay of citizens and the safety of engineering equipment.
3. The dwelling must be arranged and equipped in such a way as to prevent the risk of injury to residents when moving inside and around the dwelling, when entering and leaving the dwelling and the dwelling house, as well as when using engineering equipment.
4. The dwelling must be provided with engineering systems (electric lighting, domestic and drinking and hot water supply, drainage, heating and ventilation, and in gasified areas also gas supply).
5. Engineering systems (ventilation, heating, water supply, drainage, elevators, etc.), equipment and mechanisms located in residential premises must comply with the requirements of sanitary and epidemiological safety.
6. The external enclosing structures of the residential premises, which are part of the common property of the owners of premises in an apartment building, must have thermal insulation that ensures that during the cold season the relative humidity in the inter-apartment corridor and living rooms is not more than 60%, the temperature of the heated premises is not less than +18 degrees Celsius, as well as isolation from the penetration of outside cold air, vapor barrier from the diffusion of water vapor from the room, ensuring the absence of moisture condensation on internal surfaces non-translucent enclosing structures and preventing the accumulation of excess moisture in the structures of a residential building.
7. Living quarters must be protected from the penetration of rain, melt and ground water and possible household water leaks from engineering systems with the help of constructive means and technical devices.
8. Access to a dwelling located in an apartment building above the fifth floor, with the exception of attic floor must be carried out using an elevator.
9. The space-planning solution of residential premises and their location in an apartment building should provide the possibility of placing required set pieces of furniture and functional equipment, taking into account the requirements of ergonomics.
10. In a residential area, the required insolation should be provided for one-, two- and three-room apartments- at least in one room, for four-, five- and six-room apartments - at least in 2 rooms.
11. The height (from floor to ceiling) of rooms and kitchens must be at least 2.5 m (depending on the climatic region). The height of intra-apartment corridors, halls, front, mezzanines should be at least 2.1 m.
12. Accommodation in the basement and basement floors is not allowed.
13. Placement above the rooms of the restroom, bathroom (shower) and kitchen is not allowed.
14. Rooms and kitchens in a living space should have direct natural light.
15. Permissible levels in a residential area sound pressure, vibration, infrasound, electromagnetic radiation must correspond to the values ​​established in the current regulatory legal acts
16. The concentration of harmful substances in the air of a dwelling should not exceed the maximum permissible concentrations for atmospheric air settlements established in the current regulatory legal acts.

See articles.

Everyone has the right to live in optimal conditions for life. Therefore, certain requirements are imposed on any residential premises. For this, numerous norms and rules of SanPiN are taken into account. If they are violated, then this is the basis for registering citizens living in such conditions as those in need of housing. Therefore, the state should try in various ways to prevent the existence of such housing. Requirements for residential premises include many aspects, which include:

• availability and condition of engineering communications;
• the location of the residential facility;
• peculiarities adjoining territory.

Where are the requirements?

When studying the state of each room, the provisions of SanPiN 2.1.2.2645-10 are taken into account. These sanitary standards were adopted in 2010. This act is called "Requirements for living conditions in residential premises." It is on them that a special interdepartmental commission is guided, which determines the suitability for living of a particular room.

The document lists the main conditions, as well as requirements for the safety and comfort of citizens. The nuances of implementation are given repair work or room decoration. Numerous issues are regulated in SanPiN, which include:

• conditions on the basis of which citizens are provided with living quarters after completion construction works;
• the norms observed by homeowners during the operation of the premises, and they are developed even in the process of designing the structure;
• requirements for the process of reconstruction of structures;
• rules and norms observed even before the process of building an object;
• requirements to be met by operators.

The requirements of SanPiN apply not only to apartment buildings, but also to various hotels or hostels, as well as to residential buildings that have special purpose.

What to do if the developer goes bankrupt?

It is not uncommon for citizens to prefer to purchase real estate from a developer. In this case, they are construction company DDU. On the basis of this document, the developer must transfer the finished residential property to buyers within a specific timeframe. But it happens that the company declares itself bankrupt. At the same time, the house may already be completed, but the company does not have time to put it into operation.

Under such conditions, it is optimal for buyers to submit an application for a requirement to transfer the residential premises to the buyer. It is sent to the court, which considers a specific bankruptcy case. They form a register of requirements for the transfer of residential premises. It is represented by a special list of claims of all creditors. This document is studied by the court in order to determine what requirements are put forward by the applicants. They must be supported by official documents.

The register of requirements for residential premises includes the claims of all buyers of apartments under the DDU. Such a register was introduced on the basis of Federal Law No. 210. Under such conditions, a specific procedure for the bankruptcy of a construction company is used, therefore, not only property is sold, but also ready-made objects are issued to buyers. The requirement to transfer residential premises will be appropriate and legal if the developer completed the object before declaring bankruptcy.

What is required to be included in the register?

Initially, the developer must declare himself bankrupt. Next, the monitoring procedure begins, during which all creditors can present their claims. It is at this time that there is an opportunity to include requirements for the transfer of residential premises in the register. To do this, the shareholder must have documents submitted to the court:

• correctly drawn up application for inclusion in the register of requirements for residential premises;
• DDU, drawn up with a bankrupt developer;
• a document confirming the payment for the residential premises.

It is important not to miss the deadline for filing an application, since from the moment the information about the bankruptcy of the developer is published, the process can only be completed within two months. Documents are submitted to the arbitration court dealing with a particular bankruptcy case. If there are grounds for inclusion in the register, then the shareholder is classified as a creditor. By a court decision, the claims of creditors are satisfied, so the shareholder can receive finished apartment, but at the same time it must comply with numerous sanitary requirements. Also, by decision of the court, the house can be completed if it has not yet been put into operation. Often it is sold to a new developer.

It is considered the easiest to obtain housing if the house has been completed, but it remains only to put it into operation. Under such conditions, a commission is appointed by the court to check the structure for compliance with the requirements of SanPiN. If there are no violations, then the apartments are transferred to equity holders based on their requirements.

Conditions for the local area

For any apartment to be comfortable and convenient, it must meet many conditions. Requirements for residential premises apply not only to apartments and the house itself, but also to the surrounding area. These include:

• each apartment building must have an adjacent territory, and its area is agreed in advance with the regional administration;
• any dangerous and harmful chemical or biological substances should not be located on the ground;
• developers must first analyze the soil to determine if it contains any microorganisms or elements that can harm a person;
• the air in the territory in terms of composition must comply with the standards established by law, therefore the level of ionization must be acceptable;
• it is not allowed to install various physical objects on the territory that can affect the health and comfort of people's lives, and this includes various noisy equipment that can not only work loudly, but also cause harm by infrared radiation, strong vibrations or the creation of an electromagnetic field.

On the adjacent territory there should be the possibility of creating a landscaping zone. The requirements for residential buildings and premises contain the need to form a nursery and sports ground, areas for people to relax and parking spaces. Additionally, there is a need to organize an economic zone.

Hygiene requirements

During construction high-rise building developers must take into account hygiene standards. If they are violated, then the house simply cannot be put into operation. Sanitary and epidemiological requirements for residential premises include numerous living conditions. Among them:

• it is not allowed to locate living quarters in basements or basements;
• it is allowed in the basement only to install various technical units or equipment that ensures the effective functioning of utilities connected to the house;
• from the basement and the basement, loud sounds from the operation of the equipment should not penetrate into the living quarters;
• it is allowed to make parking for cars in the basement, if a coating suitable for this purpose is formed, and it is also necessary to create special channels designed to remove exhaust gases;
• it is not allowed on the territory next to a residential apartment building to equip separate parking lots for cars intended only for employees of any organization;
• in the basement and basement there should not be different workshops or manufacturing enterprises;
• if parking is done in the basement, then it should be separated from the residential premises by an additional floor, and only non-residential premises are made on it.

If these norms are violated, then the house simply cannot be put into operation. Therefore, sanitary requirements for residential premises are mandatory.

What are the restrictions on housing space?

There are limits even on the area of ​​housing. This also includes the rules for the location of different objects in the rooms. Therefore, sanitary requirements for residential buildings and premises are as follows:

• according to sanitary standards, the minimum area of ​​​​housing per person is 6 square meters. m;
• it is not allowed to install toilets and bathrooms above other living rooms, for example, above the kitchen or bedroom, but duplex apartments will be an exception;
• sanitary equipment cannot be mounted on internal interior partitions;
• the door leading to the toilet cannot be located in the kitchen;
• mandatory in residential buildings with more than 5 floors, a passenger elevator is installed, and in some cases it is required service lift, designed not only for lifting various equipment, but also for use by the disabled.

All these norms are intended not only to increase the comfort of life, but also to ensure the safety of living in real estate.

Rules for the formation of the heating system

The premises can be recognized as residential only if there is a quality heating system. Without it, it is impossible to live in any real estate. Therefore, the requirements of SanPiN for residential buildings and premises include the main features of the formation of this engineering communication:

• the microclimate in the rooms depends on the state of the heating and ventilation system;
• during heating season the system must work without interruption;
• it shouldn't come from bad smell;
• it is not allowed to use any hazardous substances to form the heating system, as this can lead to the fact that when the water in the system is heated, the indoor air will be polluted with harmful fumes;
• the requirements for the noise level arising during the operation of the equipment are taken into account;
• the system must have free access for maintenance and repair;
• the coolant should not heat up above 90 degrees, and the equipment itself - more than 75 degrees.

If heating radiators are heated within 70 degrees, then for safe operation housing requires the installation of special protective grilles. This requirement for residential premises is also checked by a special commission, which decides on the advisability of putting the house into operation.

What should be the ventilation?

When forming ventilation system requirements are taken into account:

• it is not allowed to convert a system designed for two apartments so that after the process it is used only for one property;
• the exhaust ducts of the kitchen and toilet cannot be combined into one element;
• if under construction extra room, then for it is formed separate system;
• it is possible to connect the exhaust of a common room to the ventilation of a residential building, but at the same time, no harmful emissions should enter the system;
• over the roof ridge ventilation equipment must protrude at least 1 m;
• in the process of putting the house into operation, a high concentration of harmful substances in the system is not allowed.

The above sanitary requirements of the residential premises are checked by specialists before the house is put into operation. The results obtained are recorded in a special act, without which it will not be possible to transfer residential apartments equity holders.

What should be the lighting?

Each house should be equipped with openings for installing windows, which ensures that natural light enters the premises. In this case, this parameter should not be less than 0.5%.

All apartments and common areas are additionally equipped with artificial sources lighting. The layout of the house should be such that there are no obstacles for the penetration of sunlight into the dwelling. If there is a fence or some kind of fence in front of the windows high building, then the requirements for residential premises will not be met, so there will be difficulty with the delivery of such a structure.

Noise and vibration requirements

Each person wants to live comfortably and safely, therefore, the requirements for the noise level, vibrations arising for various reasons, and even ultrasound should not be violated. Therefore, when creating engineering communications, their significant parameters are taken into account.

According to SanPiN, the requirements for residential premises include the following features:

• if the house is located near the highway, then special double-glazed windows should be installed to prevent the penetration of sound waves into the housing;
• during the day it cannot exceed the noise from the operation of various equipment of 55 decibels;
• ultrasound should also not exceed the established values, moreover, it is measured not only in residential premises, but also on the balcony.

When buying equipment necessary for the formation of various engineering communications, it is necessary to take into account the level of vibrations it creates.

Requirements for finishing work and sewerage system

Numerous hygiene requirements concern even interior decoration residential premises. This may only be used safe materials containing no harmful ingredients. This takes into account the concentration of various chemicals or other substances.

Standards for material selection:

• when measuring surfaces for which different decorative mixtures were used, the electrostatic field should not exceed 15 kV / m at a humidity level of 30 to 60 percent;
• radionuclide activity mortar must be less than 370 Bq/kg;
• the sewerage system should be developed even in the process of designing a residential building: it consists of a storm drain, plumbing equipment in each apartment and other elements;
• if missing sewer system, then the number of floors in the house should not exceed two;
• the temperature set in the bathroom should not be lower than the temperature in other residential premises.

are being tested different pipes and nodes, since the commission must make sure that the sewerage is represented by a sealed system.

Finally

Before putting any house into operation, numerous checks are carried out without fail. Their purpose is to identify various shortcomings in the building. Commission that does this process, determines whether the house is habitable. For this, numerous requirements for residential buildings and premises are taken into account. If there are serious violations, then their elimination is required before the transfer of apartments to equity holders.

Thus, any housing should be comfortable and safe. To do this, it is taken into account whether it complies with the norms and provisions of SanPiN 2.1.2.2645-10. The check is carried out by a special commission before putting the house into operation or in the process of determining the accident rate of a particular house. To do this, various engineering communications, the level of illumination, noise and vibration are evaluated, and the used Decoration Materials and proper landscaping of the surrounding area.

1. The concept of living quarters. Types of residential premises

1.1. Residential premises are intended for the residence of citizens and may be in state ownership (Article 214 of the Civil Code), municipal property (Article 215 of the Civil Code), in the ownership of citizens and legal entities(Article 213 of the Civil Code), which is reflected in Art. 19 JK (part 2). Article 15 of the LCD contains the concept of "residential premises". Residential premises are isolated premises, which are immovable property and are suitable for permanent residence of citizens (meet the established sanitary and technical rules and regulations, other requirements of the law).
Residential premises are objects of housing rights. An isolated premise is recognized as a residential area. Does this mean that only an isolated room can be an object of housing rights?
Let's turn to Art. 76 of the LCD, according to which the tenant of residential premises under a social tenancy agreement has the right to sublease part of the residential premises, i.e. and part of the room. Thus, the object of housing rights can be not only an isolated room.
The subject (object) of a housing lease can only be an isolated dwelling (Article 62 of the LCD, Art. 104 of the LCD).
Residential premises are real estate. Article 130 of the Civil Code refers to immovable things (real estate, real estate) land, subsoil plots, isolated water bodies and everything that is firmly connected with the earth, i.e. objects, the movement of which is impossible without disproportionate damage to their purpose.
1.2. One of the requirements for a dwelling is suitability for permanent residence, i.e. the living quarters must comply with the area, layout, illumination, insolation, microclimate, air exchange, noise levels, vibration, ionizing and other radiation sanitary rules in order to ensure safe and harmless living conditions (art. 23 federal law dated March 30, 1999 No. 52-FZ “On the sanitary and epidemiological well-being of the population”). In order for the premises to be suitable for habitation, it (in addition to sanitary rules) must comply with technical rules and regulations, other requirements of the law: stationarity of the structure, availability of certain types of amenities, availability auxiliary premises and so on.
1.3. A necessary characteristic of a dwelling is its functional purpose - the dwelling is intended for the residence of citizens. This position is contained in Art. 17 JK (part 1). Article 288 of the Civil Code (clause 2) also establishes the functional purpose of housing - "residential premises are intended for the residence of citizens." Hotels, sanatoriums, rest houses, boarding houses, etc. have a different functional purpose, i.e. are a place of rest, treatment. Such premises are used for temporary residence, in contrast to the place of residence. place of residence according to art. 20 of the Civil Code recognizes the place where a citizen permanently or predominantly resides.
The differences between the place of residence and the place of stay were indicated by the Law of the Russian Federation of June 25, 1993 No. 5242-I “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”.

According to the Decree of the Government of the Russian Federation of July 17, 1995 No. 713, the place of residence is the place where a citizen permanently or predominantly lives as an owner, under a contract of employment (sublease), social employment, etc. (for example, in a residential building, apartment, office space).
1.4. The dwelling must meet not only sanitary and technical requirements, but also a certain degree of improvement (depending on the level of improvement in the settlement) so that it can meet the requirements for a dwelling and be an object of housing rights. The degree of improvement in cities and other settlements is different. In this regard, the wording of Art. 40 of the Housing Code of the RSFSR (“Requirements for residential premises”), which provides that the residential premises provided to citizens for living must be comfortable “in relation to the conditions of this settlement”.
1.5. According to part 3 of Art. 15 of the LCD, the procedure for recognizing the premises as residential and the requirements that the residential premises must meet are established by the Government of the Russian Federation in accordance with the LCD and other federal laws. dated 28.01.2006 No. 47. According to the Regulations, residential buildings and residential premises are recognized as unfit for habitation due to a deterioration in the level of reliability of the building, as well as in which the harmful effects of environmental factors have been identified.
Unsuitability is determined by the degree of wear and tear of housing (extreme degree - accident rate), the presence of fatal faults engineering networks. Failure to comply with building codes during the development of the territory adjacent to the house may serve as the basis for recognizing housing as uninhabitable.
The criteria for classifying residential buildings, residential premises as unsuitable for habitation due to the harmful effects of environmental factors are provided for by state sanitary and epidemiological rules and regulations.
Issues on the recognition of residential buildings (residential premises) unfit for habitation are resolved by an interdepartmental commission created by: the federal executive authority, executive authorities of the constituent entities of the Russian Federation, bodies local government(clause 7 of the Regulations).
The commission also includes representatives of the body of architecture and urban planning, the state sanitary and epidemiological service, the state fire service, bodies exercising federal supervision in the field of industrial safety, the organization of technical inventory and other bodies and organizations. The owner of the housing stock or a representative of the owner, who performs the functions of managing the housing stock, is involved in the work of the commission, in relation to the residential building (residential premises) of which the issue of recognizing it as unfit for habitation is being considered, and, if necessary, representatives of design and survey organizations (p. .7 Provisions).
The Commission considers the issue of recognizing a residential building (residential premises) as unfit for habitation on the basis of an application from the owner or tenant of the residential premises or a presentation by the state sanitary and epidemiological service, the state fire service (clauses 42, 45 of the Regulations).
The Commission, after studying the submitted documents, the list of which is provided for in clause 45 of the Regulations, makes one of the following decisions:

• on the suitability of a residential building (residential premises) for living;
• on the need and possibility of major repairs, reconstruction or redevelopment (with appropriate feasibility studies);
• on the unsuitability of a residential building (residential premises) for living, indicating defects that cannot be technically eliminated or the elimination of which is not economically feasible;
• on the recognition of an apartment building as emergency and subject to demolition or reconstruction (paragraph 47 of the Regulations).

The relevant executive authority, local self-government body, on the basis of a decision of the commission, makes a decision and issues an order indicating the further use of the premises, the terms for the resettlement of persons in the event that the house is recognized as emergency and subject to demolition or the need for repair and restoration work is recognized (paragraph 49 of the Regulations) .
The issue of unsuitability for permanent residence of a residential building, in which part of the premises is unsuitable for permanent residence, is proposed to be resolved on an individual basis, taking into account specific circumstances (the size and nature of the full and defective area, the physical deterioration of structures and the house as a whole, the amount of costs for modernization of the building, the possibility of providing normal living conditions for non-relocated residents, etc.) (clause 2.5 of the Regulation on assessing the unsuitability of residential buildings and residential premises of the state and public housing stock for permanent residence, approved by order of the Ministry of Housing and Communal Services of the RSFSR dated 05.11. 85 No. 529).
1.6. The total area of ​​\u200b\u200bthe dwelling in accordance with Part 5 of Art. 15 LCD consists of the sum of the areas of all parts of such premises, including the area of ​​​​auxiliary premises intended to meet citizens' domestic and other needs associated with their living in a residential area, with the exception of balconies, loggias, verandas, terraces.
According to the procedure for calculating the area, which was determined in Moscow in 1995, total area apartments were to be defined as the sum of the areas of its premises, built-in wardrobes, as well as loggias, balconies, verandas, terraces and cold storerooms; living space- as the sum of the areas of living rooms, excluding the area of ​​​​built-in wardrobes and dark rooms(storerooms) (Decree of the Mayor of Moscow dated 09.11.95 No. 592-RM "On the procedure for calculating the areas of residential buildings").
1.7. Article 16 of the LCD defines the types of residential premises, gives definitions to each type of residential premises. Residential premises include (part 1): residential building, part of a residential building; apartment, part of an apartment; room.
"Dwelling house" is understood in this case as a single-family house. When the term "residential building" means an apartment building, this is specifically indicated (clause 2 of article 673 of the Civil Code, chapter 6 of the LCD).
The definition of a dwelling contained in Art. 15, reproduces the provisions of art. 673 of the Civil Code, which defines a dwelling as an apartment, residential building, part of an apartment or residential building.
It should be noted that this article of the Civil Code does not designate a room as an independent object of housing rights. And it is right. A room is a part of an apartment, so it is “absorbed” by the previous position in the definition of objects of housing rights - “part of an apartment”.
It seems that the use of the generalizing concept of "residential premises" for: a residential building; parts of the house; apartments; parts of the apartment; rooms has certain disadvantages in relation to the object of housing relations. An apartment, a room are components (along with auxiliary rooms) of a single whole - a residential building. It is incorrect to define the whole (house) through its part (living quarters).
It is noteworthy that Art. 52 of the Housing Code of the RSFSR as a dwelling (as the subject of a housing lease) determined an apartment, one or more rooms. Article 673 of the Civil Code is not contained in the list of articles (Article 672 of the Civil Code), the rules of which are subject to application to a social contract of employment. Thus, the housing legislation has the right to independently resolve this issue.