Chukhloma district court of the Kostroma region as part of:
solve Judge Shinkar *. *.,
with the secretary of Sergeeva *. *.,
with the participation of the plaintiffs of Yerofeva Nina Yerofeyev Vladim
having considered in open court a civil case under the claim of Yerofeeva Nina Yerofeyev Vladim to the administration of the Belovsky rural settlement of the Chukhloma municipal district of the Kostroma region on the obligation to take an apartment on its balance with the subsequent procedure for its design to the register of the rural settlement,
Installed:
The plaintiffs appealed to the court with a claim, demanding to entrust the obligation to take the apartment to the municipal ownership of the apartment in which they reside at: ...
Its requirements were justified by the fact that since 1984, the plaintiff worked in the collective farm "..." of the head of the kindergarten. In 1995, by decision of the Board of the PSHK "..." the plaintiffs were provided with the specified apartment for residence, according to the employment contract. The plaintiffs live in the apartment for more than 14 years, for all this time the plaintiffs independently support the apartment in a technically good condition, repaired, ennobled the region. The apartment was on the balance of the collective farm "...", then in the PSKHK "...". The land plot under the apartment of the plaintiffs is enshrined for the state on the basis of the lease agreement. The plaintiffs are registered in the apartment. The collective farm "..." was transformed into the PSHK "...", which in 2008 was liquidated, he did not have successors. This apartment owner has no owner. The administration of the Belovsky rural settlement does not accept it on the balance, and the plaintiffs are deprived of the opportunity to privatize it.
At the hearing, the plaintiffs supported their claims completely on the same grounds set forth in the lawsuit. From the additional explanation of the plaintiffs it follows that earlier they did not take participation in the privatization, besides them, no one claims to this apartment, only they are registered in the apartment. The apartment was built by the collective farm.
The representative of the defendant is the head of the administration of the Belovsky rural settlement of the Chukhloma municipal district of the Kostroma region *. * Demidova, a representative of a third party - the administration of the Chukhloma municipal district of the Kostroma region, a representative of a third party - the management of Rosreestra in Co., did not appear at the hearing, presented written statements with a request to consider the case in their absence, no objections to the satisfaction of the claims do not have.
After listening to the plaintiffs, finding out the opinions of the parties, questioning the witness, examining the materials of the case, the court comes to the next.
In accordance with paragraph 1.3 of Art. 212 of the Civil Code of the Russian Federation in the Russian Federation are recognized as private, state, municipal and other forms of ownership. Features of the acquisition and termination of ownership of property, ownership, use and orders, depending on whether the property owned by a citizen or a legal entity, in the property of the Russian Federation, the subject of the Russian Federation or the municipality, can be established only by law. The law defines the types of property that can be only in state or municipal property.
No one is disputed from those who participate in the case of persons, and the court considers it established that the apartment in which the plaintiffs live was built by the collective farm "...", located in ... transformed subsequently in connection with the change of civil law and forms of ownership in PSHK "...", which was his successor.
From a copy of the workbook, the plaintiff really follows that since 1984 he worked in the collective farm "..." of the head of the kindergarten.
From the reference of the administration of the Belovsky Rural settlement and the lease agreement, land agricultural land follows that the land plot of 0.50 hectares at the place of residence of the plaintiffs is leased since 1992.
According to the technical passport, certificates of technical accounting data, the cadastral passport of the room is available .... The apartment has a total area of \u200b\u200b60.6 sq.m., including the area of \u200b\u200bresidential rooms 43.7 sq.m., area of \u200b\u200bloggias, balconies with coeff . and other not heated premises 30.0 sq.m. Year of construction at home - 1986, the inventory number is impersonal. Information about the owner of the apartment is missing.
According to copies of sheets of passports in the apartment, the plaintiffs are registered, which, as well as according to the references of the Belovsky administration, are registered and live to present.
According to a model agreement for hiring a residential premises from 1995. The plaintiff for the residence of the PSHK "..." was provided with a disputed apartment.
The witness of FULL NAME1 at the hearing confirmed the information fully described by the plaintiffs, explaining that the house in which the disputed apartment was built by the collective farm "..." for their employees. The plaintiffs were provided with the specified apartment in 1995. Since then, so far the plaintiffs live in it and have no other housing, they previously did not take participation in privatization, no one pretends to this apartment. Currently, the owner of the apartment has no plaintiffs, because The collective farm and its successor are eliminated.
According to the collective farm "..." of the ownership of the residential house of civil law - the foundations of the civil law of the SSR and the Union Republics, the GC of the RSFSR - it did not require a mandatory state registration of ownership of housing.
Article 19 of the Fundamentals of the Civil Law of the SSR and the Union republics was established that the owner belongs to the rights of ownership, use and disposal of property within the limits established by law.
The mandatory requirement of state registration of rights to real estate and transactions with it was first established by the Federal Law of the Russian Federation "On the state registration of rights to immovable property and transactions with it" dated July 21, 1997, which entered into force six months after its publication - January 28, 1998 of the year.
Since this law of the inverse force does not have, then the civil relationships associated with the acquisition of the collective farm "...", and in the subsequent and his successor of the PSHK "..." of ownership of the disputed object of real estate, it does not apply.
According to the certificate from the Department of Agriculture of the Chukhloma Municipal District, it follows that the collective farm "..." in 1992 was reorganized in the PSHK "...", in 2008, the PSHK "..." was liquidated, the successors of this enterprise did not .
From the statement of the incorporation it follows that on June 17, 2008, information was made on the termination of the activities of the PSHK "..." in connection with its liquidation on the basis of the definition of the arbitration court on the completion of competitive production.
According to the certificate from the Department of Agriculture of the Chukhlomsky Municipal District, the residential foundation in the settlements of the Belovsky rural settlement of the Chukhlom district of the Kostroma region stood on the Balance of PSHK "...", in SPK "..." was not transferred to the balance sheet, which is also confirmed by Help from SPK " ... ".
There are no information in the Unified State Register of Rights to Real Estate and transactions with them to a disputed apartment, from the help of the Administration of Belovsky s / n it follows that the apartment of the plaintiffs on the balance sheet does not consist. All this confirms the arguments of the plaintiffs that it is currently in state, municipal, departmental or private ownership.
In accordance with Art. 132 p. 5, 6 of the Law "On Insolvency (Bankruptcy) No. 127-FZ dated October 26, 2002 (as amended from 01.12.2007 No. 317-ФЗ) Housing Fund of Social Use, as well as socially significant objects not sold In the manner prescribed by paragraph 4 of this article, to be transferred to the ownership of the relevant municipality in the person of local governments, which the competitive manager notifies these bodies.
The transfer of the Housing Fund of Social Use and any socially significant objects specified in paragraph 5 of this article, the ownership of the municipality is carried out without any additional conditions.
In accordance with P.P. 1, 2 tbsp. 215 of the Civil Code of the Russian Federation property belonging to the right of ownership of urban and rural settlements, as well as other municipalities, is a municipal property. On behalf of the municipality, the rights of the owner are carried out by local self-government and persons specified in Art. 125 GK of the Russian Federation.
In accordance with Part 1 of Art. 2 of the Law of the Russian Federation "On the privatization of the Housing Fund of the Russian Federation" Citizens of the Russian Federation, occupying residential premises in the State and Municipal Housing Fund, including the Housing Fund, which is in the economic management of enterprises or the operational management of institutions (departmental fund), on social hiring conditions, has the right to consent All jointly living adult family members, as well as minors aged 14 to 18, to acquire these premises to their property under the conditions provided for by this Law, other regulatory acts of the Russian Federation and the subjects of the Russian Federation. Residential premises are transferred to general ownership of one of the ownership of one of the jointly residents, including minors.
Not to accept the defendant of this apartment to the defendant and the inclusion of it in the Housing Fund of the Belov settlement administration violates the rights granted by the plaintiffs by the Federal Law, as a result of which they cannot realize their right to conclude a contract for the transfer of a residential building to property for free, and therefore the requirements of the plaintiffs are subject to satisfaction.
Based on the above and guided by Article. 194-198 Code of Civil Procedure of the Russian Federation, court
The claims of Erofaeva Nina Yerofeyev Vladim to the Administration of the Belovsky Rural settlement of the Chukhloma Municipal District of the Kostroma region on the obligation to take on its balance sheet with the subsequent procedure for its design in the Register of the rural settlement, satisfy.
To oblige the administration of the Belovsky rural settlement of the Chukhloma municipal district of the Kostroma region within a month from the date of the decision to force on legal force to take on its balance sheet with the subsequent procedure for inclusion in the registry of the municipal treasury of the Belovsky rural settlement ... with a total area of \u200b\u200b60.6 sq.m., in including area of \u200b\u200bresidential rooms 43.7 sq.m., area of \u200b\u200bloggias, balconies with coeff. and other not heated premises 30.0 sq.m.
The decision may be appealed in cassation in the Kostroma Regional Court through the Chukhlsky District Court within 10 days from the date of its submission, and those who did not participate in the court session in the same period from the date of their reply of the decision.
Judge: Shinkar *. *.
Recently, we wrote a lot about the unwinding objects of the housing stock. Most of these houses were conceived as temporary housing in which the resort builders lived. But over the years it has become the most constant. Organizations have long been broken, and people remained granted to themselves.
Such objects are not serviced by anyone and do not stand on any other balance. However, as they explained to us in the administration of Sochi, the forces of the housing stock can be put on the balance of the municipality, collecting the necessary package of documents.
In the barracks of this type in Sochi, not one generation has grown in Sochi, people live in homes that have long become emergency dangerous, they are already 40-50 or more years. At the same time, such a housing fund is also not repaired, winds and threatens life. Such barracks need to be transferred to municipal property. And the rather the tenants of the houses will take care of it, the better (because in cases of fire, convergence of the landslide and with other emergencies will not be able to count on the help of the municipality).
As explained to us in the Department of Property Relations, according to clause 3 of the order of the Minister of Economic Development of the Russian Federation dated December 10, 2015, No. 931 "On the establishment of the procedure for taking into account misunderstanding real estate", buildings, structures, premises that do not have Owners or owners of which are unknown. If there are no information about the object of real estate in the Unified State Real Estate Register, then the adoption of such a premises is carried out simultaneously with its statement of public cadastral records.
Currently, the mandatory document necessary for the formulation of the property as unfavorable and state cadastral record is the technical plan of the object that the tenants of Barakov must be made in specialized organizations. And then provide a document to the local department of the Office of the Federal State Registration Service, Cadastre and Cartography on the Krasnodar Territory. However, there is one "but" - the specified document is made on a reimbursable basis, after making the board. Apparently, this fact blends many people living in barracks. However, the procedure is necessary. The city's budget, as explained to us in the Department of Property Relations, is not provided for these purposes.
By the way, for all consultations - how to transfer a housing object to municipal property, it is necessary to contact the administration of Intorodsky districts of Sochi. It is for them that the function of providing information to the Department of Property Relationships of information containing a description of the technical condition of the revealed formate objects of housing stock, technical documentation for objects, as well as documents confirming that real estate facilities have no owner or it refused.
Given the outlined, in the case of admission to the Department of Property Relations from the administrations of intracity areas or from residents of technical plans for nonsense residential buildings and documents confirming the absence of real estate objects in regions of federal (regional) property, as well as references on the absence of owners of objects from a specialized organization will occur registration.
Moreover, experts from the Department of Property Relations explained to us, the profile body must carry out their registration as unfinder, and after the year, according to Art. 225 of the Civil Code of the Russian Federation, send a notice to the legal administration of the Administration on the recognition of real estate objects in the court of the municipal property of the city of Sochi. After the adoption and entry into force of court decisions, these housing facilities will be transferred to the administrations of internal regions of Sochi to ensure the proper content of this property and conducting its accounting on the appropriate balance sheet account.
As they say, salvation of drowning - the work of the hands of the drowning themselves, so residents of houses that still do not stand on a whose balance must take strength and means to collect documents and put it on the municipal balance. This, among other things, will provide an opportunity to participate in the federal resettlement program from emergency housing, protect themselves in case of emergencies and qualify for overhaul at home at the expense of funds from the municipal treasury.
Hello. The answer you like does not mean that it is correct. Money thrown out, the recovery of debt will also entail. Unfortunately, in terms of legislation, it is necessary. Only the owners of premises located in the house recognized as emergency and to be demolished, as well as, in the event of a decision of the decisions on the state of the land plot, are exempt from paying against overhauls. 32 LCD RF.
"Housing Code of the Russian Federation" dated December 29, 2004 N 188-FZ (ed. From 04.06.2018)Article 166. Overhaul of common property in an apartment building
1. The list of services and (or) work on the overhaul of common property in an apartment building, rendering and (or) the implementation of which is funded by the funds of the capital repairs, which is formed on the basis of the minimum amount of the contribution to the overhaul established by the regulatory legal act of the Russian subject Federation, includes:
1) Repair of in-house engineering systems of electrical, heat, gas, water supply, drainage;
2) repair or replacement of elevator equipment recognized as unsuitable for operation, repair of elevator mines;
3) roof repair;
4) repair of basement rooms related to the common property in an apartment building;
5) repair of the facade;
6) Repair of the foundation of an apartment building.
(Part 1 as amended by Federal Law of December 28, 2013 N 417-FZ)
2. Regulatory legal act of the subject of the Russian Federation, a list of services and (or) work on the overhaul of common property in an apartment building financed by the funds of the capital repairs, the size of which is formed on the basis of the minimum amount of contribution to the overhaul established by the regulatory legal act of the Russian subject Federation, can be supplemented with services and (or) work on the insulation of the facade, reorganize an uninterrupted roof on the ventilated roof, the device outputs to the roof, the installation of automated information and measuring systems for consideration of utility resources and utilities, the installation of collective (general-purpose) resource consumption instruments necessary to provide utilities and management sites and regulating the consumption of these resources (thermal energy, hot and cold water, electrical energy, gas) and other types of services and (or) works.
(as amended by federal laws of 28.12.2013 N 417-FZ, from 29.07.2017 N 257-FZ)
(see text in the previous edition)
3. In case of adoption by the owners of premises in an apartment building, a decision on a major overhaul of a major overhaul of a major overhaul, part of the capital repairs fund, formed by this exceeding, by decision of the general meeting of the owners of premises in an apartment building can be used to finance any services and (or) work on the overhaul of common property in an apartment building.
4. List of services and / or overhaul of common property in an apartment building, which can be financed at the expense of state support provided by the subject of the Russian Federation, is determined by the regulatory legal act of the constituent entity of the Russian Federation.
5. Work on the overhaul of common property in an apartment building may include work on replacing and (or) restoration of the supporting structures of an apartment building and (or) engineering networks of an apartment building, classified in accordance with the legislation on urban planning activities to the reconstruction of capital construction facilities .
(Part 5 introduced by federal law of 28.12.2016 N 498-FZ) Article 169. Contributions for overhaul of common property in an apartment building
1. The owners of the premises in an apartment building are obliged to pay monthly contributions to the overhaul of common property in an apartment building, except in cases provided for by part 2 of this article, part 8 of Article 170 and part 5 of article 181 of this Code, in the amount established in accordance with Part 8.1 Article 156 of this Code, or, if the relevant decision is made by the General Meeting of the owners of the premises in an apartment building, more than.
(as amended by Federal Law of July 29, 2017 N 257-FZ)
(see text in the previous edition)
2. Overhaul contributions are not paid by the owners of premises in an apartment building recognized in the procedure established by the Government of the Russian Federation to emergency and subject to demolition, as well as in the case of adoption by the executive body of public authorities or the local self-government authority for the state or municipal needs of the land plot, At which this apartment building is located, and the withdrawal of each residential premises in this apartment building, with the exception of residential premises belonging to the right of ownership of the Russian Federation, the subject of the Russian Federation or Municipal Education. The owners of premises in an apartment building are exempt from the obligation to pay major overhaul contributions since the month following the month in which the decision was made to withdraw such a land plot.
2.1. The law of the constituent entity of the Russian Federation may be provided for the provision of compensation for payment of a fee for overhaul, calculated on the basis of the minimum amount of the contribution to overhaul on one square meter of the total area of \u200b\u200bresidential premises per month established by the regulatory legal act of the constituent entity of the Russian Federation, and the size of the Regional Standard Regulatory Residential space used to calculate subsidies, lonely living non-working owners of residential premises that have reached the age of seventy years - in the amount of fifty percent, eighty years, - in the amount of one hundred percent, as well as living in the family consisting only of jointly living non-working citizens retirement age, owners of residential premises that have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent.
(Part 2.1 is introduced by federal law of 29.12.2015 N 399-FZ)
3. The obligation to pay for capital repairs arises from the owners of premises in an apartment building after the expiration of the term established by the law of the constituent entity of the Russian Federation, which is at least three and no more than eight calendar months since the month following the month in which the approved approved was officially published Regional overhaul program, which includes this apartment building, except in the case of the case established by Part 5.1 of Article 170 of this Code.
(Part 3 as amended by Federal Law of 20.12.2017 N 399-FZ)
(see text in the previous edition)
4. Incomes from transfer to the use of common property facilities in an apartment building, means of partnership owners of housing, housing cooperative, including revenues from the economic activities of the homeowners of housing owners, housing cooperative, can be sent to solving the owners of premises in an apartment building, decision of members of the owner partnership Housing, the decision of the members of the housing cooperative, adopted in accordance with this Code, the charter of the partnership of the owners of housing, the charter of the housing cooperative, on the formation of the capital repairs in the account of the fulfillment of the obligation of the owners of the premises in an apartment building on the payment of major repairs and (or) on the formation of part The capital repairs fund over the formulated on the basis of the established minimum amount of the contribution of overhaul, which can be used to finance any services and (or) work on the overhaul of common property in an apartment building.
We will try to present questions about the transfer of power grid facilities in a simplified form, as well as complement comments. How to start the transmission of CNT power grids? First of all, determine whether network companies in the region are interested in receiving electric networks of the partnership. To do this, prepare an official proposal to network organizations. First of all, such a proposal Send to the address of the power grid organization to which the SNT power grid is directly attached. The name of such a network organization should be contained in the act of separation of the balance sheet and the operational responsibility of the parties or the act of technological connection. Not always network organizations are interested in obtaining such an asset.
How to find out a house put on cadastral records?
If the amount of ransom failed, it was not possible, the value of compensation is determined by the court. Permissible grounds for inclusion of the house on the housing list to settle the building must be recognized as possible for accommodation. Residential homes are considered for life:
- in emergency condition;
- dilapidation;
- located within the territories with special conditions prohibiting building;
- in danger zones with the danger of landslides, snowdowed avalanche, village threads,
- flooding flooding water;
- erected in environmentally disabilities;
- not adapted for proper provision of utilities.
Deciding on the resettlement of the house precedes the assessment of the technical and sanitary and hygienic state of the residential building.
How to find out whether there is a house on the balance of the city.
You can do this in two ways:
- Contact Rosreestr to which real estate should be attributed. There you can request a form, fill it and give it to the authorized person. At the same time, it will be necessary to have a passport, land documents and guidelines;
- Contact MFC.
It will be necessary to do the same thing, but at the same time you can take a fee, the size of which depends on the tariffs installed in the IFC.
How to check the registration of a country house such an opportunity in most cases there is no, since according to the law, the country houses do not need to register. And a separate document on them will be issued only if they are issued in advance with Rosreestra.
Where is our home on balance sheet?
Attention
According to the Decree of the Government of St. Petersburg No. 679 of 05/30/2011, the decision to assign the status of the emergency building to be demolished or reconstructed, and the Housing Committee is adopted about the terms of resettlement, followed by the conclusion of the urban interdepartmental commission. In 2018, several housing target programs operate in St. Petersburg. You can get acquainted with their conditions on the official website of the city administration or on the website of the Housing Committee of St. Petersburg.
Necessary documents If you find your home in the list of housing to be resettlement, it is not possible to try to recognize the emergency room in an individual basis.
When will demolish my house
You can learn about such companies in the area of \u200b\u200bthe local executive authority in the field of state regulation of tariffs (Committee on Tariffs and Prices or Regional Energy Commission). The regulator website publishes information on all regulated organizations, including power grid organizations. There are separate network organizations that specialize in acceptance on the balance and maintenance of SNT networks.
Important
These organizations will be happy to consider proposals for obtaining SNT objects. Wishing to get SNT networks found. What's next? So, one or more network organizations of the region became interested in obtaining SNT power grids on the balance sheet. What to do next? Next, together with representatives of the concerned power grid company, it is necessary to conduct a technical inspection of SNT power grid facilities.
How to transfer a residential building from the balance of the city administration
If the desired address in one of the categories is specified, then it is possible to view data on the planned resettlement time and the actions performed. If the desired building is not in the list, the resettlement is not planned according to the state program. Here on the site you can check whether the house is not included in the regional overhaul program.
In Moscow, when checking the list of emergency housing in Moscow, the site "Reform utility" shows that at home recognized by emergency as before 101.2012 and after this date are missing. But this does not mean that the renovation of the housing stock in the capital is not engaged or solved all problems. 05/17/2017 Moscow Gordeum adopted the law "On additional guarantees of housing ... Right ... in the implementation of renovation ...". The purpose of the renovation of the Housing Fund is to prevent the accident rate of five-storey houses.
The program is assumed to demolish the dilapidated buildings and the relocation of residents to new homes.
Hello. You cannot pay a loan, that is, for the purchase of an apartment, and this apartment is judicial practice. We can apply to the court with a claim for recovery and expenditures on repayment of the loan that you have acquired only the house and register it in nature in this apartment. After entering him into the inheritance. You have the right to appeal this decision after going to court. If you were victims were convicted under Art. 116 of the Criminal Code of the Russian Federation (Family Code). Article 30. The age of the child, his health, affection for each of the parents and other circumstances on an alternative environment. "
Do you have the right to apply for a claim to the court about recognizing you and valid about this? To reduce the amount of debt and interest for using other people's money and how many staging more than three years, because it will not pay him wages for every day of delay.
In relation to objects unsuitable for operation - to create conditions for their reconstruction (if their reconstruction is impossible due to the appropriate placement on the territory of the SNT, for example, prevents the fence or object of non-vacant construction of one of the members of the SNT). After that, SNT sends copies of the general meeting protocols to the network organization, as well as documents and information necessary for the design of the project for the transfer of property. The signing of the contract and the act of receiving the transfer of objects The network organization is preparing a draft treaty, the contract is signed by the parties.
In addition, the act of reception is signed - the transfer of power grid facilities.
For horticultural partnerships, a problem with its own power grid economy (electrical networks for energy supply of members of SNT) come to the fore. After all, the electricity as an overhaul object needs regular maintenance and repair. Especially acute the problem arises in those SNTs, which are formed in Soviet years: often air lines in such horticulture worn, and transformer substations in depressing condition.
This not only affects the reliability of the energy supply of residents, but also threatens the life and health of citizens. Moreover, the difficulty in servicing electrical networks occurs not only due to a banal lack of money, but also due to the lack of sufficient quantity of qualified personnel. The regular electrician SNT can simply not have the necessary technical means for repair and maintenance of the power grid.
The building is recognized as an emergency if wear reaches 70% for stone buildings and 65% for wooden buildings, and also has a threat of collapse due to defects of carrying structures. Legal standards for the beginning of a large-scale project for resettlement from emergency housing was the decree of the Government of the Russian Federation No. 675 of September 17, 2001 "On the Federal Task Force" Residence "for 2002-2010." From the moment of approval, this standard has undergone 11 editions and 1 change is made by the Supreme Court.
The basis of the resettlement program is based on the provisions of the Housing Code of the Russian Federation. So in Art.32 of the LCD of the Russian Federation it is said about the right at the housing of owners, whose houses are recognized as emergency. And Art. 85, Article 86 of the LCD regulates the duties of the state in terms of providing well-equipped housing to citizens under the social contract in the event of housing recognition unsuitable for living.
According to the laws of the Russian Federation, each property of real estate should have documents - identifiers that report not only technical parameters of ownership, but legal data. And one of these documents is the cadastral passport. But in order to get this cadastral passport and put an apartment for accounting, you need to carry out a rather complicated registration procedure, without which further work with real estate is simply impossible. In this article, we will tell you how to verify whether the house was registered and whether he should be in cadastral records. Content:
- When need
- How to check availability
- How to check the registration of the country house
When you first need to decide, why do you need to put a house on cadastral record at all and why it is already registered or not.
To check, you will need to do the following:
- Follow the link https://rosreestr.ru/wps/portal/p/cc_ib_portal_services to the official website of the Rosreestra;
- Select "Background Information on Real Estate Objects online";
- By clicking on the link you will see several options for checking. From five options, select the desired and specify the information you have;
- After the data is made, click on the "Form" button;
- After clicking on the button you will move to another page. There will be either indicated on registered property data, or there will be a mark that property in the Rosreestra's base is not indicated and, as a result, not registered.
You personally check the information just just as sufficient, but it will take time and money.
