A draft law on the reconstruction of common house property has been submitted to the State Duma
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The deputies proposed to hold it without the consent of all owners
Deputies from Udmurtia proposed to simplify the procedure for reconstruction, reorganization and redevelopment of the common property of an apartment building (MKD). On Friday, April 21, they submitted a bill to the State Duma, the adoption of which would allow in some cases to carry out these procedures without obtaining the consent of all the residents of the house.
The deputies justify the necessity of their proposed innovation by the fact that the current legal norms actually make reconstruction and other works impossible if they are carried out on that part of the building that falls under the category of common property in the MKD. These are, in particular, all facades, balconies, land plots on which houses are located.
Parliamentarians note that the current situation often does not allow fulfilling even the direct instructions of Russian legislation. For example, make a ramp for the disabled or expand the doorway in cases where this is required by fire safety rules. All this can be qualified as “joining part of the common property”, and it is possible only with the consent of all 100% of the owners of the premises of the building. At the same time, in almost every house, especially a large one, there are owners who evade solving such issues. There are also those who do not live in their apartment, and it is almost impossible to find them.
Therefore, the deputies proposed to make an exception to the “100% rule” for those cases where the approval of all owners is clearly unnecessary. Firstly, when redevelopment is necessary to fulfill the mandatory requirements established by laws and other regulatory legal acts of Russia, subjects of the Federation, municipalities. Secondly, when the reconstruction is carried out in pursuance of court decisions, instructions of state and municipal control bodies.
It is also proposed to make an exception for measures to prevent harm to life, health of citizens, harm to animals, plants, the environment, cultural heritage sites. Parliamentarians believe that in all these cases, the decision on reconstruction and redevelopment should be made with the consent of two-thirds of the votes of the owners.
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