If you have an apartment with a balcony, you are in luck - it can be used as additional square meters of living space, a storage room, a clothes dryer and just a place to relax. But everything is fine as long as the balcony slab is in satisfactory condition. Snow, wind, rain and frost gradually do their job, the concrete is destroyed and questions arise: who should take responsibility for repairing the emergency balcony, how to determine the degree of its destruction and what should the apartment residents do to bring it to a safe condition. We will help you find the answer to these questions.

Balcony – whose property?

In accordance with the law of the Russian Federation, a balcony slab is the common property of the state and the owner of the apartment. The tenant has the right of sole ownership and is responsible only for auxiliary structures: fences, railings and gratings. Based on this, repairing the balcony slab is the prerogative of the housing management company.

Utilities must monitor the condition of common property and keep it in good condition, carrying out routine repairs in accordance with regulations. The tenant, in turn, is obliged to pay rent on time, part of which the housing office uses for repairs, including damaged balcony slabs. Everything else that is on the balcony is the responsibility of the apartment owners to repair.

What to do with an emergency balcony?

If you find signs of damage on your balcony, you should immediately notify your area's housing office in writing. The application must be certified by a representative of the utility service and endorsed in the appropriate registration register. It would be a good idea to make a copy of it.

To confirm the complaint, you can take several photographs in which traces of destruction are clearly visible, and also ask your neighbors to sign a written description of the condition of the balcony - they will not be against this, since the problem may also affect their property.

The emergency condition of the balcony is determined by the following criteria:

• Deep cracks along the connection between the slab and the load-bearing wall;
• Delamination of concrete from the underside of the slab, exposing internal sections of reinforcement;
• Looseness on the upper side of the slab, washed out by water;
• Partial collapse of slab edges.

After these steps, there are two options for what to do next. You can reach an agreement with the utility companies and offer them, on their part, to do the repairs themselves, and on their part, include the cost of the work and materials used in the rent bill. Or you can wait until the municipal institution itself takes on the repair of your balcony, and if it doesn’t, go to higher authorities and seek a solution to the issue through the court. We advise, if it is within your power, to do the repairs yourself - it will be faster and with less emotional loss.

Discuss with the utility company what types of work will be included in the rent recalculation and what construction materials they are willing to pay for. If controversial issues arise, ask the on-site manager to draw up a work estimate.

How to repair a balcony slab

Repair of emergency balconies should begin with an assessment of the scale of all necessary work. To do this, you need to expose all the damaged areas - with a hammer, try to knock off all weakly holding sections of concrete from the underside of the slab and clean the reinforcement from rust. Tap the edges of the slab and remove loose pieces of concrete. Clean out the cracks on the upper part with a trowel or spatula and remove the screed that has decomposed and turned into dust. When only a solid surface remains, you can begin repairs.

Tools for repairing balcony slabs:

• Poluter;
• Grater;
• Level;
• Master OK;
• Reiki.

Waterproofing the slab

Moisten the cleaned, durable surface well with water and apply Pinetron deep-penetrating waterproofing. This is a new generation of waterproofing, produced in the form of a powder, which is mixed with water before use.

You can use simpler means of waterproofing - mastic or roll, on which a layer of concrete is laid. If you plan to install glazing on the balcony and there will be no moisture access to the slab, you can get by with a regular cement screed.

Top surface screed

For the screed, make a solution of cement and sand. The proportions are determined by the brand of cement - if its grade is 500, then take 5 parts of sand for one part of cement, and if the grade is 400, take 4 parts of sand. Install slats like formwork around the perimeter of the slab so that the mortar does not fall out over the edges. Distribute the solution over the entire slab with a trowel, making a slight slope towards the edge of the balcony. At the junction with the wall, make a small rounded overlap onto the wall so that water does not accumulate in this place. When the solution has hardened but is still wet, float it in with a float.

Repairing the bottom of the slab

If the reinforcement is visible on the bottom of the slab, it needs to be cleaned with a grinder and treated with “anti-corrosion”. After the anticorrosive agent has dried, paint the fittings with any paint for exterior use and let it dry well. Using a trowel, repair the collapsed areas with cement mortar. Doing this on the top of the slab is not very convenient, but you need to try to ensure that the reinforcement is plastered. When the solution has set, rub it in with a float.

At this point we can assume that the emergency balcony has been repaired. By the way, when you purchase materials for repairing a balcony, do not forget to keep your receipts - they will be needed when you go to the office to report on the work done. Everything you spend on repairs must be returned to you by recalculating your utility bills.

The apartment is owned. The house is 40 years old. Our balcony is not glazed. During the rains it leaks, and the neighbors below complain and demand that we either glaze it or repair it. This is not part of our plans. Who should repair balconies?

The law does not specifically indicate what property all components of a balcony belong to. But the courts, analyzing the legislation, draw the following conclusions.

• The balcony slabs, as well as the external wall of the house to which these balconies adjoin, belong to the common property of the apartment building and, accordingly, belong to all owners of the premises on the right of common ownership.
• Railings, windows, and balcony doors are part of the living space itself, that is, an individual property.

• § Clause 2 of the Rules for the maintenance of common property in an apartment building (approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491)

Thus, if the problem of your leaking balcony lies in the poor condition of the balcony slab, repairing it is not your personal task, but the responsibility of all owners.

WHERE TO GET MONEY FROM

If routine repairs are enough for the stove, then the residents of the house are not required to collect additional money. The management company (MC) must carry out repairs from the funds that residents transfer monthly by payment in the line “Maintenance and repair of common property.” But if major repairs of the balcony are required to eliminate leaks, you will have to wait for repairs as part of the regional major repair program or collect additional money based on the decision of the general meeting of owners.

Moreover, inspecting balconies to identify damage and deformations is the direct responsibility of the management company.

If it turns out that the balcony requires major repairs, while according to the regional program there is a long wait for it and the residents of the house at the general meeting do not support you in collecting money, then the management company is obliged to take safety measures, because Constant leaks impair the strength of not only yours, but also the neighboring balcony, and this can threaten collapse. Utility workers must close and seal the entrance to the balcony. Residents will then be prohibited not only from using the balcony (storing things there, drying clothes, etc.), but even going out onto it.

• § P. 4.2.4.2 Rules and standards for the technical operation of the housing stock (approved by Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170)

Action plan

Contact the Criminal Code with a request to inspect your balcony and determine the list of work necessary to eliminate leaks. Perhaps your problem can be solved not by such categorical measures as major or current repairs, but it will be enough to organize proper drainage of water outside the balcony.

The fact is that in order to prevent destruction of the edges of the balcony slab or cracks between the slab and the walls due to moisture ingress, a special drainage system is installed, and a slope on the balcony of at least 3% from the wall of the house is provided. Perhaps during operation this drain on your balcony became clogged or was insulated. If this happened from time to time, utility companies are obliged to organize drainage. But if you removed it yourself (for example, by re-laying the floor on the balcony), you will have to equip it at your own expense. But neither you nor the company are obliged to glaze the balcony, since your house did not initially have glazing for balconies.

• § Clause 4.2.4.2, 4.2.4.3 of the Rules... dated September 27, 2003

Heated discussions on the issue of whether a balcony is part of the common property are due to the difference in apartment owners’ understanding of the concepts of “structural element” and “personal space”. They are trying to attach free access to all residents to the definition of “common property”. Differences in interpretations of current legislative norms were filed in the form of lawsuits in the courts, up to the Supreme Court. Thus, on January 17, 2012, the Appeal Commission of the Supreme Court of the Russian Federation issued ruling No. KAS11-789. Let's look at how shared ownership rights are distributed.

Legal grounds

The Housing Code of the Russian Federation (LC) states that the rules for maintaining common property in apartment buildings are established by the Government of the Russian Federation (Article 39). Such Rules were approved on August 13, 2006 (Resolution No. 491).

Subsection “B”, clause 2 of the Rules classifies balcony slabs that enclose load-bearing structures as part of the property belonging by right of common shared ownership to all owners of individual premises of an apartment building.

The rules and regulations for the technical operation of the housing stock (clause 4.2.4.2) assign balconies to load-bearing structures.

Article 36, Part 1 of the Housing Code establishes the classification of enclosing structures as common property.

Legislative acts do not provide for classifying only those elements that serve several premises as common property. Balcony floors are included in the overall integral design of each building as enclosing structures, providing stability and strength indicators.

Decision of the RF Armed Forces

The determination No. KAS11-789 of the appeal commission states that classifying the structural elements of the balcony of a separate apartment as common property does not in any way contradict the Housing or Civil Code. The Supreme Court of the Russian Federation recognized the balcony (loggia) slab as not intended for use in more than one apartment, but as belonging to the property for the common possession of the residents of the building.

Distribution of Responsibility

Common property includes: slab, external fencing, external walls

Owners of privatized apartments are divided into two camps according to their attitude towards the need to repair the balcony:

1. Part of your apartment (summer area). When buying a home, this is indicated in some contracts. Accordingly, they arrange their personal territory according to their wishes.
2. Component of the facade of a house. Repairs are required to be carried out by the management company (MC) or housing department.

If we summarize all the regulatory documents together, we get the following distribution:

1. Common property includes:
   • plate;
   • external fencing;
   • external walls.
2. Individual use:
   • railings;
   • window;
   • doors;
   • self-installed canopy, glazing, design solutions.

Therefore, responsibility for the maintenance of a specific element of this part of the living space may differ.

Additional approval is required for hanging flower boxes and other protruding objects that weigh down load-bearing parts on the outer part of the fence.

How to deal with the distribution of property

In multi-storey buildings, walls, floors, and ceilings separate the apartments; they are not divided between residents - this is shared ownership. To take into account “living space”, the area of ​​residential and utility rooms, measured in m², is used. Such a space is equipped with finishing materials, filled with objects of use, and the ability of anyone to enter is limited. Actual ownership of an apartment, as a set of building materials, is just a legal term.

This is how the right to use a balcony with an exit from a privately owned premises is interpreted - the space indicated in the technical passport of the apartment for the tenant. Improving the situation by installing canopies, light frame structures for protection from bad weather and the sun, their repair, maintenance are included on the balance sheet of the apartment owner, will be part of his property. Some reconstruction options require approval from permitting authorities. The structural elements of the house belong to all participants in the housing association.

It is significant that the same relationships between residents arise when deciding on the placement of advertising structures and banners on the outer surface of the loggias. The general meeting of all owners decides by protocol the issue of consent to the placement of the poster. Moreover, the decision to remove unauthorized advertising products (by a resident, an outsider, a tenant) is also made by all homeowners.

Those parts of the house that are not divided by agreement of all participants according to some other criteria are divided into equal parts by everyone. If one owner has made a permanent improvement to his part, his share may be increased accordingly. The improvements being removed are the property of the resident.

It is for the operation of the building as a complex of technological systems that a mechanism of shared participation of all owners of individual apartments has been developed.

Repair of common household facilities

Maintenance and repair services, their volumes, quality requirements, regularity, are taken into account in the amount of fees for the maintenance of all premises, approved at the general meeting (if the property is managed by the management company), by the management of the HOA.

The commission inspection report is submitted to the HOA meeting for consideration. The meeting is authorized to make a decision on repairs with the consent of 2/3 of the votes of the total number of participants.

To make a competent decision on making repairs due to the emergency condition of the common property (balcony slabs, existing fencing), an application is sent to the director of the management company. One copy must be in the hands of the apartment owner - the applicant, in case of going to court due to refusal. Watch this video to see how the common household repairs are carried out:

The meeting of owners makes a decision on the need to allocate money for repairs at the request of the tenant, taking into account written proposals provided by the management company, on the expected start date of capital work, the required volume and types of work, the estimated cost of building materials, the schedule for the allocation of funds, and other essential conditions.

The owner of the apartment may be required to eliminate changes made to the shared part of the building if they violate established standards. In case of refusal to comply with the requirements, an appeal is sent to the State Housing Commission for inspection of violations.

Accounting changes

A loggia or balcony, as a rule, is included in the total area and is paid with decreasing factors. If the owner carries out a renovation and combines it with an adjacent room, then this area becomes heated with corresponding heat charges.

In practice, management companies often do not include areas such as balconies in the list of property of the house when concluding a contract. Additionally, they confirm the obligation of the apartment owner to maintain their part of the property by sending out and delivering notifications about clearing snow from structures in winter. Taking into account such circumstances, the court takes the side of the company.

A separate point will be the ownership of one room in a separate apartment. In this case, the owner does not have the right to restrict the use of the balcony by all residents of the apartment or to separate it from the common part.

Residents can handle cosmetic repairs to their balconies on their own. At their own expense, they produce glazing, leveling and insulating the concrete slab, thermal insulation and decorative finishing. But major repairs of balconies in an apartment building is an area in which, in addition to the owners, management companies, housing cooperatives or homeowners associations are involved. Let's try to find out under what circumstances housing laws are on the side of the apartment owner.

Home renovation is a familiar, almost mundane process, familiar to almost all residents of high-rise buildings. However, ordinary finishing work associated with changing the interior has nothing to do with a major overhaul. During the overhaul process, the load-bearing structures of the house are put in order, and the general building sewerage and water supply systems are updated. The need for major restoration arises when an apartment or common property becomes uninhabitable.

Due to the imperfection and ill-conceived laws, so-called “disputed territories” appeared in houses. When they fall into disrepair and become unsafe, it is difficult to figure out who should be responsible for their restoration and whose responsibility is to finance the repair work. Many questions arise about the overhaul of a balcony - seemingly private property, but at the same time being part of the building’s structure.

Example of concrete slab collapse

Problems with balconies began to arise in the middle of the last century, when the restoration of ancient houses from the Tsarist era began. Today, owners of apartments in Khrushchev and Stalin buildings often face the same troubles. The minimum damage concerns the collapse of plaster and decorative elements, the maximum - the complete collapse of the structure. Cases have been recorded when people fell down along with the collapsed slabs, were injured and died.

To prevent tragic stories from being repeated, measures should be taken in a timely manner, namely, to recognize the balcony as unsafe and begin work on its restoration.

The stove has completely fallen into disrepair

List of destructions in which recognition of an accident becomes legitimate:

• corrosion, bending, loss of fragments of reinforcement and embedded metal parts;
• partial or complete shedding of the protective layer of the balcony base - a concrete slab;
• wear or breakdown of drainage structures - drains, gutters, pipes;
• destruction of the parapet on which the fence is installed;
• loss of stability of the metal, concrete or wooden fence itself.

In other words, if you find destruction that threatens people’s lives, immediately contact the authorized authorities. Submit an application for balcony repair and seek the start of restoration work.

Who is responsible for balcony repairs?

When it comes to maintaining a residential building, namely common areas, employees of the management organization or HOA are involved. The balcony is private property and is not connected to public areas, however, during its repair, a significant role is assigned to regulatory organizations. More precisely, the organization, together with the owner of the property, must be jointly responsible for the condition and restoration of structures.

Homeowner's rights

A balcony in a high-rise building differs from the rest of the private residential area in that ownership of it is divided in half: the tenant is responsible for some parts, and housing and communal services are responsible for others. The owner can, at his own discretion, dispose of the parapet, fence, roof, canopy, which may be necessary in the process of glazing and insulation. The housing sector is responsible for the base (concrete slab) and load-bearing external wall, that is, the repair of the balcony is carried out by the HOA or housing cooperative.

Therefore, if a corner breaks off, the protective coating of a reinforced concrete slab on the outside is partially destroyed, a crack appears, or concrete falls off, you need to contact the utility service.

Workers carry out restoration work

The owner’s requirements are legal and set out in Decree of the Government of the Russian Federation No. 491 (08/13/2006). The official document states that the owner has the right to demand that housing and communal services representatives carry out major repairs if the condition of the structure is recognized as emergency by a special commission.

If the housing and communal services refuse, and the design, in the opinion of the apartment owner, threatens the life of the owner himself and the health of other people, he has the right to do the following:

• record damage in photos and videos;
• involve neighbors who can testify to the destruction of the structure;
• carry out repair work at your own expense;
• go to court to recover money spent on restoration.

The evidence includes sales receipts for construction materials, certificates of services performed from organizations that took part in the major repairs. It is necessary to keep a copy of the application submitted to the management company for balcony repairs and further correspondence with the responsible persons. The court's decision can be either positive or negative.

Prevention of destruction of a concrete slab - pouring a cement screed

We must not forget that in addition to rights, there are also responsibilities that the owner must fulfill. This especially applies to owners of privatized apartments. Here is a list of responsibilities:

• strengthening individual parts of the structure - parapet, entrance opening;
• destruction of foci of fungus and mold affecting concrete;
• protection of metal fences from corrosion;
• timely painting of the foundation, fence and parapet with antiseptic agents;
• Regularly checking the integrity of fastening units.

If there was no proper care, and the destruction of the balcony was due to the fault of the apartment owner, then the court is unlikely to meet him halfway.

Responsibilities of the management company

Each owner of an apartment in a multi-storey building receives monthly receipts for utility bills, which must contain a column dedicated to major repairs. Usually this is a small amount, but when calculated for all residents of the house it becomes substantial. This is the money that the housing sector is obliged to spend for its intended purpose, that is, for the current and major restoration of the building.

Monthly deductions for repairs

Most of the finances are spent on repairing the roof, canopies, updating the facade, replacing internal communications, maintaining basement and attic spaces with equipment installed there. But if the balcony is declared unsafe, part of the amount should be allocated for its restoration. Regardless of how much money is in the housing and communal services fund, emergency areas are repaired first, otherwise you will have to answer for the possible consequences.

There are a number of activities that housing and communal services workers should regularly carry out. One of them is the inspection of residential buildings to identify damage to balcony structures. This procedure is usually carried out in spring and autumn, that is, at least twice.

Preventative inspection of the building by utility services

There is a document regulating the actions of housing and communal services workers - Rules and norms for the technical operation of the housing stock, section No. 170 of July 27, 2003. It says that utilities are required to:

• explain to residents the rights and responsibilities, advise them on the rules for maintaining property;
• check loggias and balconies for cleanliness and clutter with large, heavy objects - furniture, car parts, household appliances, etc.;
• when initial processes of destruction are detected and in emergency cases, take measures and prescribe repair measures so that nothing threatens people’s lives.

If the destruction of the structure is considered an emergency, utility workers must close access to the balcony and seal it. At the same time, they are obliged to instruct homeowners to collect the documents necessary to start repair work.

About the balcony in a privatized apartment

If a slab or fragment of the facade is damaged, the status of the housing does not matter. In any case, these parts of the balcony are either the property of the municipality, or the shared property of the owners who have privatized the apartments or bought them already privatized. That is, the repair of a concrete slab or façade is carried out by the housing and chemical complex.

Dangerous work of industrial climbers

If the main positions in the organization are occupied by responsible people, then it does not come to individual requests from residents. From time to time, sealing and insulation of facade seams and joints, protective treatment and painting of walls, and updating of the drainage system are carried out. During these events, the condition of balconies and loggias is monitored and, as a rule, minor repairs are made along the way. A list of all maintenance work on a residential building can be found in Federal Law No. 185.

For the restoration of buildings recognized as part of the cultural and historical heritage, additional funds are sometimes allocated from the city or federal budget. How and how much also depends on the activity of apartment owners and heads of management organizations.

Preventative repair work

It is necessary to figure out who should repair a balcony in a privatized apartment in each case separately. Factors such as the age of the building, the quality of care for the structure, and the mutual responsibility of the parties are taken into account.

How to recognize the condition of a balcony as emergency

We will arrange all the steps necessary to recognize a balcony as an emergency in a single chain. First, you need to make sure whether the part of the structure for which the housing and chemical complex is responsible has really been damaged. Most often this is:

• crumbling of concrete pavement;
• significant corrosion of metal parts;
• loss of part of a concrete slab or fence;
• consequences of improper installation of the drainage network.

If destruction is present, evidence should be collected to support it. These are written testimonies of eyewitnesses (usually the neighbors below are quicker than others), current photo and video materials, signed inspection reports by regulatory authorities.

Photo of the destroyed slab as evidence

If an emergency is obvious to everyone, a house-wide meeting is convened, where each owner gets acquainted with the results of the inspection and votes. If 2/3 of the owners vote in favor, the property is put in line for major repairs and funds for it are deducted from the general fund.

After this, an application for balcony repair is drawn up addressed to the head of the management company in two copies: one goes to the housing and communal services department, the second remains in hand. It is recommended to send your application by registered mail. An important point: the statement should note that the destruction taking place is dangerous for people and poses a threat to life.

If there is electronic or postal correspondence with representatives of the management company, it is recommended to save all responses, especially if they contain an unreasonable refusal. In the future, the letters will be useful as evidence in court. Pay attention to the date of the messages. If the employees of the management company were delayed in responding and taking action, and at that time an accident occurred, they will have to answer.

All documents (applications, applications, appeals, explanatory notes, acts) must be filed and stored

If the organization does not cooperate, we choose one of the following paths:

• submit an application to the court;
• we do the repairs ourselves, and then go to court;
• We are trying to increase pressure on the management company by involving the public and the media.

Sometimes the last point is the most effective. The management company is interested in concluding new contracts, so it does not need bad fame.

Video about the nuances of major balcony repairs

How to deal with irresponsible management companies:

Useful clarifications from a lawyer:

To avoid getting into trouble, before any negotiations or correspondence with employees of the HOA, housing cooperative or management company, study the laws. Make sure there is a valid reason for requesting repairs. If the truth is on your side, feel free to start the discussion process and involve your neighbors.

Legal norms and judicial practice

I was prompted to prepare and summarize this material by an appeal from the owner of the apartment to Channel 1 television. Channel 1 asked me to act as an expert. The head of the management organization refused to repair the balcony slab to the apartment owner, citing the fact that the balcony is an extension of his apartment, therefore, the management organization is not obliged to repair the balcony free of charge. Who's right here?

Are balcony slabs the common property of all owners of premises in an apartment building or the property of the apartment owner?

“A balcony is a fenced area protruding from the plane of the facade wall, used for relaxation in the summer.” This is what the Methodological Recommendations approved by Order No. 8 of the Gosstroy of Russia back on November 10, 1998 say. Is the head of the management organization right in asserting that the balcony is a continuation of the apartment, a part of it? If the balcony is the property of the apartment owner, then on what basis is the management organization obliged to repair it? After all, the owner of the apartment has no right to demand that this company carry out repairs in his apartment!

Such questions arise both from organizations managing the house and from citizens due to a lack of understanding of the differences between the concept of “Apartment” and “load-bearing walls” that limit it, or “balcony slab” and, in fact, “balcony”. The balcony slab is an external enclosing structure, which, by force of law, is the common property of all owners of the premises of an apartment building. This is directly stated in the Rules for the maintenance of common property in an apartment building (approved by the RF Government of August 13, 2006 N 491). Clause 2 of the Rules indicates that the common property of an apartment building includes the enclosing load-bearing structures of apartment buildings (including foundations, load-bearing walls, slabs floors, balcony and other slabs, load-bearing columns and other enclosing load-bearing structures). And the concept of “balcony” is just a platform located on this slab. Recently, the Supreme Court of the Russian Federation expressed its position on this matter in its Ruling dated January 17, 2012 N KAS11-789, which confirmed that the balcony slab belongs to the common property of apartment owners in apartment buildings. Thus, the definition states that “equipment located in an apartment building can be classified as common property only if it serves more than one room. Balcony slabs classified as enclosing load-bearing structures are included in the common property as structural parts of the building, ensuring its strength and stability. Taking into account the technical features of these structures, balcony slabs meet the main characteristic of common property as intended to serve several or all rooms in the house.” The court rightly recognized that subparagraph “c” of paragraph 2 of the Rules, in the part providing for the inclusion of balcony slabs in the common property, does not contradict paragraph 1 of Art. 290 of the Civil Code of the Russian Federation and clause 3, part 1, art. 36 of the Housing Code of the Russian Federation, which establishes that the enclosing load-bearing structures, which include balcony slabs, are the common property of the owners of apartments in an apartment building. The above standards do not stipulate that the enclosing structures, which include balcony slabs, must be designed to serve all or several rooms in an apartment building.

So who is the owner of the balcony?

To better understand the issue, let's draw an analogy with apartment ownership. Whose apartment? From the information about the common property of an apartment building, described in 491 RF PP, we see that the owner of the apartment is not the owner of the load-bearing walls of the apartment, floor slabs, that is, the slabs above and below the apartment (ceiling and floor) in the apartment. The load-bearing wall of his apartment is also the load-bearing wall of his neighbor’s apartment, and the floor slab above his apartment is also the floor slab of the apartment located on the floor above. The floor slab of his apartment is also the floor slab of the apartment located on the floor below. Consequently, floor slabs and load-bearing walls are such for more than one room in the house, that is, these elements bear signs of common shared ownership. It turns out that the owner of the apartment is not the sole owner of either the load-bearing walls or the floor slabs that serve as the floor and ceiling of his apartment. Then what is he the owner of, having in his hands a Certificate of Ownership of the apartment? What remains his property? Dont be upset. He is the owner of the space enclosed between load-bearing walls and floor slabs. He is also the owner of the decoration of his living space: wallpaper, suspended ceilings, parquet flooring are clearly his property. Having in hand the title document for the apartment, he has the right to dispose of it at his own discretion: sell, exchange, bequeath, donate. That is, he is its owner. In the same way, we will find the owner of the balcony. The balcony slab is the common shared property of the apartment owners by virtue of the law. However, this does not mean that the interior space of the balcony with finishing elements is also common property. The owner of this area, located above the balcony slab, is the owner of the apartment from which there is access to this area, called the balcony. But he is not the owner of the balcony slab, which also bears the signs of common shared ownership. Consequently, the law does not allow obliging the owner of the apartment and balcony to repair the balcony slab, which is common shared property, at his own expense.

Briefly about responsibility.

We learned to distinguish a balcony from a balcony slab. We know who is the owner of the balcony slab and who is the owner of the balcony. Now it will not be amiss to understand that a canopy, a canopy, or a roof over a balcony installed (arbitrarily or with the permission of a local government body) will not be the common shared property of all apartment owners in the building, just as the glazing of a balcony will not entail the emergence of common ownership of double-glazed windows and window frames. These “improvements” will be the property of the apartment owner with all the ensuing consequences of bearing the burden of maintenance and responsibility for the consequences of causing damage to someone, due, for example, to snow sliding or icicles falling from the canopy (canopy, roof) of this balcony.

Victor Fedoruk, expert on housing law and problems of housing and communal services reform of the All-Russian public movement “For Human Rights”, assistant to State Duma deputy G.P. Khovanskaya.