Apartment house (MKD): interpretation of the concept and features

Modern construction is one of the most popular fields of activity. The main areas of this area are the construction of both commercial and industrial buildings, as well as residential apartment buildings (hereinafter referred to as "MKD"). The latter are especially popular in large cities with a population of more than 500 thousand people. Not everyone understands exactly what an apartment building is. This article will help to understand what this concept means, what are its features and how does the MKD differ from other construction projects.

MKD: interpretation of the term

There are several definitions of this concept. Most often, the term "MKD" refers to the aggregate of several apartments that have access to a common building or directly to a land plot adjacent to the house. In other words, a dwelling with elements of the common property of the owners of the premises is the MKD. The decipherment of this concept is simple, the main thing is to understand that the apartment building does not have one owner (or "owner"), apartments and non-residential premises usually belong to different entities - legal entities, citizens or even the state.

MKD and an apartment house - this is the same thing?

Many equate the concepts of "apartment house" and "MKD." The decoding of the first term is clearly given in art. 16 of the GKRF. According to the code, an apartment building is considered an apartment building, consisting of rooms and non-residential auxiliary premises to meet domestic needs.

The main differences between residential and multi-apartment buildings are determined by several criteria:

- presence of the owner;

- components of a residential building;

- controls of the residential building;

- ownership of common property.

According to the first criterion, an apartment house differs from an apartment building with the presence of one owner, that is, the object of the property right is the building itself. In other words, a house can be in the shared ownership of one or several owners.

Houses differ from each other in the form of the components of a residential building: rooms in a residential building, apartments - in the MKD. Decoding of these concepts is also given in the civil code. A room is considered to be a part of an apartment house or apartment, the place in which it is intended for immediate living.

In addition, there is no shared ownership in the residential building, there is a MKD. As for the management of the residential building, in the first case they are decided by the owner, and in the MKD - by the meeting.

Assigning a house to one category or another is a very serious matter. Most recently, the government of the Russian Federation has carried out a number of actions to restore order in the sphere of urban development, and many MKDs were demolished, since they were built on sites for individual housing construction.

Of course, for the most part it touched residential buildings with a total area of more than 1500 sq.m. And more than three floors. But in any case, each construction project must meet special requirements for the provision of electricity, water, sewerage drainage, etc.

The main issues concerning MCD

Owners of MCD are often not always aware of the problems related to the common property of the building and the creation of the HOA. This is understandable, because at the moment there are a number of issues still unresolved on this issue.

Not everyone knows what is meant by the common property of the owners of the premises. This category is suitable for:

- common areas of MKD (corridors, attics, cellars, mines, etc.);

- Fencing load-bearing and non-load-bearing MKD structures (foundation, slabs, columns, etc.);

- roof;

- electrical, mechanical and other equipment that serves MCD;

- the land where the house is located.

The composition of the common property is determined and approved at the general meeting of the owners. In case the tenants created a condominium for the management of the building, the house itself remains in the shared ownership of the owners.

Overhaul of the common property in the MKD

In 2014, absolutely new approaches to the legal regulation of relations entered into force. Since recently, the owners are obliged to pay a contribution for capital repairs of the common property of the house. That is, the overhaul of the MKD will be an obligatory measure. At least, so supporters of the proposed reform believe. In their opinion, the paid money of the tenants will launch the so-called collective investment mechanism. This system will allow the housing and utilities sector to develop in the right direction, and the repair itself will be carried out under more strict control.

What do you need to know about the regional MKD overhaul system?

These programs should be adopted in the regions of Russia for a fairly long period - from 20 to 30 years. But do not forget that this issue will be reviewed every year with the goal of adding new or excluding old objects.

Expenditures for capital repairs of common property in the MKD will be financed from a special fund and other sources. It is possible to create a fund on a separate account or on the account of a regional operator.

Speaking of an apartment building, it is important to understand: all issues that concern tenants, whether overhauling or entering a HOA, should be discussed at the general meeting of the owners. Only thanks to a unanimous majority can solve any problem related to MCD.