ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 13, 2006 No. 491

About approval of Rules of content of common property in the apartment house and Rules of change of the amount of payment for content of premises in case of rendering services and performance of works on management, content and repair of common property in the apartment house of inadequate quality and (or) with the breaks exceeding the established duration

According to articles 39 and 156 of the Housing code of the Russian Federation the Government of the Russian Federation decides:

1. Approve enclosed:

Rules of content of common property in the apartment house;

Rules of change of the amount of payment for content of premises in case of rendering services and performance of works on management, content and repair of common property in the apartment house of inadequate quality and (or) with the breaks exceeding the established duration.

2. Recognize invalid:

the order of the Government of the Russian Federation of February 17, 2004 N89 "About Approval of Bases of Pricing in the Sphere of Housing and Communal Services" (The Russian Federation Code, 2004, N 8, the Art. 671);

the order of the Government of the Russian Federation of July 30, 2004 N392 "About Procedure and Payment Terms Citizens of Housing and Utilities" (The Russian Federation Code, 2004, N 32, the Art. 3339).

3. To the Ministry of Regional Development of the Russian Federation to approve till October 1, 2006 regulations on development, transfer, use and storage of the maintenance instruction of the apartment house and entering into it of necessary changes, form of the specified instruction, and also methodical recommendations about its development and application.

4. Provide to the Ministry of Justice of the Russian Federation in accordance with the established procedure to the Government of the Russian Federation the draft of the order of the Government of the Russian Federation providing modification of the order of the Government of the Russian Federation of February 18, 1998 of N219 "About Approval of Rules of Maintaining the Unified State Register of Rights on Real Estate and Transactions with It" concerning procedure for entering into the Unified State Register of Rights on real estate and transactions with it of records about the rights to the real estate units which are common property of owners of rooms in the apartment house.

5. To the Ministry of economic development and trade of the Russian Federation to approve till October 1, 2006 procedure for determination of structure of common property of owners of rooms in the apartment house and the document form of technical accounting of such property.

6. Determine that action of the subitem "g" of Item 24 and Item 25 of the Rules of content of common property in the apartment house approved by this resolution extends to apartment houses, permission to which putting into operation is got after July 1, 2007.

7. Determine that:

borders of the isolated parcels of land within which the real estate units intended for electro-, warm gazo-are located and water supply of the population and water disposal, and also border of action areas of public servitudes within residential quarters, residential districts for ensuring free servicing of the specified property are established by local government bodies till July 1, 2007;

borders of quarters, residential districts, the earth of public use are determined by red lines according to the town-planning, land and housing legislation of the Russian Federation, and also the state cadastral registration of the parcels of land on which apartment houses, without collection of payment from owners of rooms in the apartment house till July 1, 2008 are located is provided.

8. Determine that about application of the rules approved by this resolution the Ministry of Construction and Housing and Communal Services of the Russian Federation gives explanations.

9. This resolution is effective till December 31, 2027.

Approved by the Order of the Government of the Russian Federation of August 13, 2006 No. 491

Rules of content of common property in the apartment house

These rules govern the relations on content of the common property belonging on the right of common ownership to owners of rooms in the apartment house (further - common property).

I. Determination of structure of common property

1. The structure of common property is determined:

a) owners of rooms in the apartment house (further owners of rooms) - for the purpose of accomplishment of obligation on content of common property;

b) public authorities - for the purpose of control of content of common property;

c) local government bodies - for the purpose of preparation and holding open tender on selection of management company according to part 4 of article 161 of the Housing code of the Russian Federation.

2. Common property are included:

a) the rooms in the apartment house which are not parts of apartments and intended for servicing more than one residential and (or) non-residential premise in this apartment house (further - rooms public), including interroom landings, ladders, elevators, lift and other mines, corridors, kolyasochny, attics, technical floors (including the built-in garages and platforms constructed at the expense of means of owners of rooms for road transport, masterful, technical attics) and technical cellars in which there are engineering communications, musoropriyemny cameras, refuse chutes, the serving more than one residential and (or) non-residential premise in the apartment house other equipment (including boiler rooms, boiler rooms, elevator nodes and other engineering equipment);

b) roofs;

c) the protecting bearing structures of the apartment house (including the bases, bearing walls, plates of overlappings, balcony and other plates bearing columns and other protecting bearing designs);

d) the protecting not bearing structures of the apartment house serving more than one residential and (or) non-residential premise (including windows and doors of rooms public, handrail, parapets and the bearing designs protecting not other);

e) mechanical, electric, sanitary and other equipment (including designs and (or) other equipment intended for providing easy access of disabled people to rooms in the apartment house (further - the equipment for disabled people and other handicapped national groups), which is in the apartment house beyond limits or in rooms and the serving more than one residential and (or) non-residential premise (apartment) (except for the communication networks necessary for rendering communication services to owners of rooms in the apartment house or to employers of premises in the apartment house under agreements of social hiring);

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