The problem is that the wall that separates the kitchen from the balcony is exterior. Therefore, it legally refers to common property. This was stated on one occasion by the First Court of Cassation of the General Jurisdiction, when hearing a specific case.
A certain citizen N. literally cut a loggia in the kitchen. It turned out, of course, beautiful – the balcony ceased to be a balcony and became, as it were, part of the apartment. As if, because legally it was still a balcony. After all, the officials did not appreciate the beauty and refused to agree to redevelopment.
The citizen tried to create a precedent and went to court. However, the judges of the Court of Cassation were adamant. According to the Housing Code, if the reconstruction or redevelopment of premises is impossible without attaching them to a part of the common property in an apartment building, the consent of all owners of premises in an apartment building must be obtained for such actions, judges stressed.
“The outer wall of the house, regardless of whether it is on any part of the support or not, by virtue of its purpose – enclosing the internal space of the building, protecting it from the effects of the external environment – serves the whole house and for the purposes of determine the composition of the common property of the house cannot be considered as a set of separate structures located in each of the internal premises of the house and that serve only the premises, whose exterior wall constitutes is”, explained the First Court of Cassation.
The Duma of the Stavropol Territory proposed to rectify the situation by submitting the corresponding project to the State Duma.
“According to the explanation of apartment buildings, loggias are an integral part of the apartments, but they are not included in the total area of the apartment,” say the initiators of the project.
In most sales contracts, the developers of the project continue, the loggia area is taken into account when buying, and the buyer of the premises pays. And no one is outraged by this. Neighbors do not claim rights to other people’s loggias, do not ask for a visit to stand on the balcony. Not accepted.
“In this case, only the enclosing bearing structure – the loggia slab – can be recognized as common property,” the Stavropol deputies say.
Therefore, the authors of the project believe, it would be quite logical to deprive residents of the right to vote on the balcony. Only ordinary technical technical requirements and ordinary procedures will remain: for redevelopment it will be necessary to draw up and coordinate a plan with the housing inspection.
In most sales contracts, the area of the loggia is taken into account when buying and the buyer pays for it. and no one is outraged
“Without coordinating redevelopment, the owner can carry out an insignificant number of actions that will not lead to a change in the layout of the house, the size of the apartment and, potentially, will not harm the neighbors living nearby,” said Nikita Filippov, Vice President of the Russian Lawyers Guild. “This is, as a rule, a redecoration of an apartment, replacement of doors, windows, glazing of a balcony, provided that the size of the openings is maintained, installation of new engineering equipment in the rooms, corresponding in design and dimensions to the previous one, dismantling of old built-in furniture, for example, a mezzanine.”