MKD: what is it in housing and communal services, and what is the difference between an apartment building and a private one

Recently, a lot of different abbreviations have appeared in the vocabulary of modern man, the meaning of which is sometimes not clear to everyone. In this regard, unpleasant situations may arise when solving vital issues, especially for older people who do not use the Internet. MKD: what is it in housing and communal services, what is the difference between an apartment building and a private one, as well as what kind of work a management company should perform in an apartment building, and what is MSW - this is the topic of this article in the online magazine homemaster.techinfus.com/en/.

The Housing Code of the Russian Federation (Housing Code of the Russian Federation) is the main document governing relations associated with the use of residential and non-residential premises

The content of the article [Hide]

1 MKD - what is it, according to the RF LC
2 The main characteristics of an apartment building
3 What is the difference between an apartment building and a private house
4 What premises are part of an apartment building
5 What kind of work is the responsibility of the management company
6 How are the tariffs for the maintenance of an apartment building formed?
7 MSW - what is it in housing and communal services, and who is responsible for the provision of public services
8 What is an apartment building board
- 8.1 Video: what does the chairman of the ICM council do

MKD - what is it, according to the RF LC

The Housing Code of the Russian Federation was adopted in 2004 in accordance with Federal Law No. 188-FZ of December 29, 2004.

MKD is an abbreviated name for an "apartment building", implying the presence of a set of several residential premises (apartments) that have common non-residential premises or open onto a common building area, limited by a certain land plot.

Note! A distinctive feature of an apartment building is the presence of several owners, which can be individuals and legal entities, as well as government agencies.

Issues related to the common property of owners in an apartment building, as well as questions about the general meeting are reflected in Chapter 6 of the RF LC “Common property of owners of premises in an apartment building. General meeting of such owners ”.

Composition of common property in an apartment building

The main characteristics of an apartment building

The main characteristics of an apartment building include such parameters as:

location address;
year of construction;
the number of the type series or individual project on the basis of which the construction was carried out;
type of house and the presence of built-in and attached premises;
number of storeys;
number of entrances;
the presence and number of elevators;
the number of residential and non-residential premises;
total area with decoding by type of available premises;
cadastral number of the land plot where the house is located;
the area of the land plot included in the common property of homeowners;
parking area, if any, within the boundaries of the land plot;
documents on recognition of the house as emergency, if any;
energy efficiency class, in the case of an energy audit of the building;
additional information of a different nature.

Conducting an energy audit of residential buildings is an optional event, but as a result of it, you can significantly reduce the costs of general household needs associated with the use of energy resources

The main characteristics of MKD should be reflected in the Appendix to the Agreement on the management of an apartment building. In addition to the above items, the specified Appendix should reflect information about the elements of the improvement of the local area, as well as the boundaries of the operational responsibility of the Management Company and energy supply organizations.

What is the difference between an apartment building and a private house

The main difference between a private and an apartment building is the object of ownership.

If in a private house, according to this criterion, the object of law is the house itself, then for MKD the object of law is separate apartments.

Note! For a private house with several owners, the object of law, however, is the building itself, which in this case is in shared ownership.

The differences between an apartment building and a private one are determined by the following parameters:

the presence of the owner (s) of the property;
the presence of common property in shared ownership;
house control system and the presence of special bodies that carry out this process;
the presence of components of a residential building that are in different forms of ownership.

The town house looks like a private house, but because the owners own a common land plot, then this type of buildings belongs to the category of apartment buildings

In simple terms, the differences can be formulated differently, namely:

a residential building is divided into rooms, and an apartment building is divided into apartments;
there is shared ownership in an apartment building, but not in a private house;
a private house is managed by the owner, and in MKD - by a meeting of rightholders of residential premises.

What premises are part of an apartment building

In accordance with the Housing Code of the Russian Federation, premises in common shared ownership in an apartment building include:

Premises that are not part of apartments and serve for the maintenance of several real estate objects (staircases and landings, elevators, corridors and technical floors, basements, etc.).
Premises serving for social and cultural events and places for general recreation of homeowners.
Building structures (roof, walls, etc.), as well as utilities that are used to provide real estate objects with energy (water supply and sewerage networks, heat supply and electricity).
The land plot on which the MKD and the adjacent adjoining territory are located in accordance with the cadastral plan.

Scheme of distribution of common property MKD

What kind of work is the responsibility of the management company

A management company is an organization to which the owners of real estate objects entrust the management of their property, which is in common ownership in accordance with the Trust Deed.

Important! The responsibilities of management companies are regulated by the RF Housing Code, including Articles No. 161 and 162.

The management company acts on the basis of the concluded Agreement with the homeowners and performs the following works:

ensures the safety of living in a serviced building in accordance with the Fire Safety Rules and the requirements of sanitary and epidemiological standards;
provides owners with access to real estate objects in shared ownership;
maintains the engineering equipment and general house metering devices installed on engineering communications in a working condition;
repairs common house property;
carries out general management of MKD activities.

Responsibilities of the management company for the maintenance of MKD

All work performed by the management company can be classified as follows:

maintenance of common house property and servicing the current needs of homeowners (garbage disposal, energy supply, etc.);
current and major repairs of common property.

How are the tariffs for the maintenance of an apartment building formed?

Receiving income is the right of the management company (MC), and this is regulated by regulatory documents. In this regard, an organization that has entered into a Trust Management Agreement with homeowners forms tariffs for its services related to the maintenance of common property.

The list of such services and works is approved by the meeting of homeowners, and the amount of their cost is determined based on the current prices existing at the time of approval, as well as in accordance with the "Rules for the maintenance of common property in an apartment building" approved by Decree of the Government of the Russian Federation of 13.08.2006 No. 491. Maintenance and repair costs are determined on the basis of an estimate compiled for a specific property.

The structure of the composition of payment for the services of the management company for the maintenance of MKD

In the structure of tariffs set by the Criminal Code, homeowners, the following lines are displayed:

costs of maintaining common property;
maintenance of engineering equipment and communications;
removal of household waste;
maintenance of the local area.

MSW - what is it in housing and communal services, and who is responsible for the provision of public services

The abbreviation MSW is the abbreviated name for “solid municipal waste”, which was put into circulation in 2016 and recorded in the RF Housing Code (Art. 154) as a utility service provided by management companies.

Note! The concept of "solid household waste" is colloquial, and "municipal solid waste" is the correct name for household waste, recorded in regulatory documents (Federal Law No. 458-FZ of December 29, 2014).

The MSW management rules are regulated by the Government Decree No. 1156 of November 12, 2016 "On the management of municipal solid waste and amending the Resolution of the Government of the Russian Federation of August 25, 2008 N 641". In addition to this document, the rules for handling MSW are governed by the documents shown in the following figure.

Documents regulating the MSW handling rules

In the receipt issued by the management company to the homeowner for utilities, MSP is reflected in a separate line. The amount payable depends on the accepted method of calculation, which determines the unit of measurement for the provision of this service: the number of registered residents in the apartment or the size of the dwelling.

Important! The tariff for the collection and removal of MSW should take into account the type of collection of this waste: separate by category or general.

What is an apartment building board

The apartment building council is an elected body that is not a legal entity and is elected by the general meeting of homeowners. The responsibilities and functions of the MKD council are defined by the RF JK, they can be formulated as follows:

Control over the activities of the management company.
Coordination of the activities of the management company and determination of the priority measures required for implementation.
Consideration and approval of estimates for capital and current repairs.
Study and preparation of proposals for improving the service by energy supplying and other organizations providing services for the maintenance of MKD.

Role of the MKD council in monitoring the work of the management company

Note! The council of an apartment building must draw up a plan of its work for the year, after which it reports on the work done at the general meeting of homeowners.

A chairman is elected from the council members of an apartment building, who is endowed with certain powers, expressed in his rights and duties.

Rights of the chairman of the ICM:

signs acts of work performed at MKD facilities;
signs acts on violations identified in the work of the Criminal Code and other organizations providing MKD services;
resolves issues with the administration of the region where the MKD is located, in case of violations of the activities of the Criminal Code.

Duties of the chairman of the ICD:

directs the activities of the MKD Council;
negotiates with the management company on cooperation and provision of services;
acts on behalf of homeowners in various administrative bodies when issuing an appropriate power of attorney.

Powers of the chairman of the MKD

All issues related to the activities of the Criminal Code, the council and the chairman of the ICM can be resolved knowing the relevant regulatory documents, as well as having experience in resolving legal issues. Therefore, if difficulties and problems arise in this sphere of life of a modern person, it is best to seek help from a qualified lawyer working in the field of housing and communal services.