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LAW OF UKRAINE

of May 14, 2015 No. 417-VIII

About features of implementation of the property right in the apartment house

(as amended on 09-11-2017)

This Law determines features of implementation of the property right in the apartment house, governs the legal, organizational and economic relations connected with realization of the rights and accomplishment of obligations of co-owners of the apartment house on its content and management.

Article 1. Determination of terms

1. In this Law the terms below are used in such value:

1) the apartment house - the apartment house in which three or more apartments are located. In the apartment house the non-residential premises which are independent real estate units can be also located;

2) auxiliary rooms of the apartment house - the rooms intended for ensuring operation of the house and consumer services of its inhabitants (kolyasochny, storage rooms, musorokamer, attics, cellars, mines and engine rooms of elevators, air-ventilation chambers and other utility and technical rooms);

3) the non-residential premise - the isolated room in the apartment house which is not relating to housing stock and being the independent real estate unit;

4) the house adjoining territory - the territory around the apartment house determined based on the corresponding town-planning and land management documentation within the parcel of land on which the apartment house and buildings relating to it and constructions, necessary for servicing of the apartment house and satisfaction of housing, social and household needs of owners are located (co-owners and employers (lessees) of apartments, and also the non-residential premises located in the apartment house;

5) the co-owner of the apartment house (further - the co-owner) - the owner of the apartment or non-residential premise in the apartment house;

6) common property of the apartment house - the rooms public (including auxiliary) bearing, protecting it is also not real - the protecting houses, mechanical, electric, sanitary and other equipment inside or outside the house, the serving more than one residential or non-residential premise, and also buildings and constructions intended for requirements satisfaction of co-owners of the apartment house and located in the house adjoining territory and also the rights to the parcel of land on which the apartment house and buildings and constructions and its house adjoining territory relating to it are located;

7) the managing director of the apartment house (further - the managing director) - the physical person - the entrepreneur or the legal entity - the subject of business activity which under the contract with co-owners provides proper maintenance and repair of common property of the apartment house and the house adjoining territory and proper conditions of accommodation and satisfaction of economic domestic needs;

8) management of the apartment house - making by co-owners of the apartment house of actions for realization of the rights and accomplishment of obligations of the co-owners connected with ownership, use and the order of common property of the apartment house;

9) the co-owner's share - share which is constituted by the area of the apartment and/or non-residential premise of the co-owner in total area of all apartments and non-residential premises located in the apartment house.

2. Other terms are used in the value given in the Civil code of Ukraine, the laws of Ukraine "About associations of co-owners of the apartment house" and "About housing and communal services".

Article 2. The relations regulated by this Law

1. Subject of regulation of this Federal Law are the relations arising in implementation process of the rights and accomplishment of obligations of owners of apartments and non-residential premises as co-owners of the apartment house.

2. Provisions of this Law are applied to the relations arising in implementation process of the rights and accomplishment of obligations of owners of residential and non-residential premises in hostels on which operation of the Law of Ukraine "On ensuring realization of housing laws of inhabitants of hostels" expatiates.

Article 3. The legislation on the property relations in apartment houses

1. The legislation governing the relations on realization of the property right in apartment houses consists of the Constitution of Ukraine, this Law, other laws of Ukraine and regulatory legal acts governing the relations in the sphere of property in apartment houses.

Article 4. Persons of law of property in the apartment house

1. Physical persons and legal entities, territorial communities, the state can be owners of apartments and non-residential premises in the apartment house.

2. Owners of apartments and non-residential premises are co-owners of common property of the apartment house.

3. If the apartment or the non-residential premise belongs more than to one co-owner, realization of the rights and accomplishment of obligations by co-owners of the apartment or non-residential premise, including participation in management of the apartment house are performed according to the procedure, stipulated by the legislation for realization of the property right.

Article 5. Common property of the apartment house

1. The common property of the apartment house is common joint property of co-owners.

2. The common property of the apartment house cannot be divided between co-owners, and such co-owners have no right to allocation in share nature from common property of the apartment house.

3. The creditor of the co-owner has no right to require allocation of share from common property of the apartment house in nature for the address of collection on it.

4. The co-owner has the right of open entry to technical documentation to the apartment house.

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