Civil Code of the Russian Federation (Civil Code of the Russian Federation). Civil Code of the Russian Federation (Civil Code of the Russian Federation) Article 288 ownership of residential premises Unified State Exam

Official text:

Article 288. Ownership of residential premises

1. The owner exercises the rights of ownership, use and disposal of residential premises belonging to him in accordance with its purpose.

2. Residential premises are intended for the residence of citizens.

A citizen who owns a residential premises can use it for personal residence and for the residence of his family members.

Residential premises can be rented out by their owners for living on the basis of an agreement.

3. Placement of industrial production in residential buildings is not allowed.

The placement by the owner of enterprises, institutions, and organizations in residential premises belonging to him is allowed only after the transfer of such premises to non-residential premises. The transfer of premises from residential to non-residential is carried out in the manner determined by housing legislation.

Lawyer's comment:

The objects of housing rights are residential premises. Residential premises are recognized as isolated premises, which are real estate and are suitable for permanent residence of citizens (meets established sanitary and technical rules and regulations, and other legal requirements).

The procedure for recognizing premises as residential premises and the requirements that residential premises must meet are established by the federal executive body authorized by the Government of the Russian Federation in accordance with the Housing Code of the Russian Federation and other Federal Laws (Article 15 of the Housing Code).

Residential premises include:

1) residential building, part of a residential building;
2) apartment, part of an apartment;
3) room.

The totality of all residential premises located on the territory of the Russian Federation constitutes the housing stock. Depending on the form of ownership, the housing stock is divided (Part 2 of Article 19 of the Housing Code):

1) for private housing stock - a set of residential premises owned by citizens and owned by legal entities;

2) state housing stock - a set of residential premises owned by the Russian Federation (housing stock of the Russian Federation), and residential premises owned by constituent entities of the Russian Federation (housing stock of constituent entities of the Russian Federation);

3) municipal housing stock - a set of residential premises owned by municipalities.

The owner of a residential premises exercises the rights of ownership, use and disposal of the residential premises belonging to him by right of ownership in accordance with its purpose and the limits of its use, which are established by Article 30 of the Housing Code. Depending on the purposes of use, the housing stock is divided (Part 3 of Article 19 of the Housing Code):

1) for housing stock for social use - the totality of residential premises of state and municipal housing stock provided to citizens under social tenancy agreements;

2) specialized housing stock - a set of residential premises of state and municipal housing funds intended for residence of certain categories of citizens and provided according to the rules of Section 4 of the Housing Code (service residential premises, residential premises: in dormitories; maneuverable fund; in houses of the social service system; funds for temporary settlement of internally displaced persons, as well as persons recognized as refugees; for social protection of certain categories of citizens);

3) individual housing stock - a set of residential premises of a private housing stock that are used by citizens - owners of such premises for their residence, residence of members of their family and (or) residence of other citizens on the basis of free use, as well as legal entities - owners of such premises for residence citizens under the specified conditions of use;

4) housing stock for commercial use - a set of residential premises that are used by the owners of such premises for the residence of citizens on the terms of paid use, provided to citizens under other agreements, provided by the owners of such premises to persons for possession and (or) use.

Family members of the owner of residential premises include his spouse living together with this owner in the residential premises belonging to him, as well as the children and parents of this owner. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner’s family if they are settled by the owner as members of his family (Part 1 of Article 31 of the Housing Code).

The use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in this residential premises, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved by the federal body authorized by the Government of the Russian Federation executive power (Article 17 of the Housing Code).

The owner of a residential premises bears the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of premises in the corresponding apartment building, and the owner of a room in a communal apartment also bears the burden of maintaining the common property of the owners of rooms in such an apartment, unless otherwise provided by Federal Laws or agreement.

The owner of a residential premises is obliged to maintain the premises in proper condition, preventing mismanagement of them, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building (Article 30 of the Housing Code). Residential premises that are privately, state or municipally owned may be rented out by their owners to citizens for residence on the basis of contracts.

The owner of a residential premises has the right to provide possession and (or) use of residential premises belonging to him by right of ownership to a citizen on the basis of a lease agreement, a contract of gratuitous use or on other legal grounds, as well as to a legal entity on the basis of a lease agreement or on other legal grounds, taking into account requirements established by civil legislation.

Residential premises of the state or municipal housing stock may be provided under a social tenancy agreement to low-income citizens recognized on the grounds established by the Housing Code as needing residential premises, other categories of citizens determined by the Federal Law or the law of a constituent entity of the Russian Federation, recognized by the Housing Code and (or) the Federal Law or by the law of the subject of the Russian Federation on the basis of those in need of residential premises.

These categories include disabled people of the Great Patriotic War and persons equated to them in the established order, disabled workers, as well as disabled people since childhood, war veterans, families of those killed in the performance of public duties, families with incomes below the officially established subsistence level.

The basis for moving into residential premises is a social tenancy agreement concluded with a citizen. Residential premises are provided free of charge (i.e. without paying for its construction cost) - as a rule, in the form of a separate apartment for a family in accordance with the established living area norm for the provision of residential premises.

The norm for the provision of residential space under a social tenancy agreement is the minimum size of the residential space, on the basis of which the size of the total area of residential premises provided under a social tenancy agreement is determined. The standard for the provision of space is established by the local government depending on the level of provision of residential premises provided under social tenancy agreements achieved in the relevant municipality and other factors (Article 50 of the Housing Code).

The owner of a residential premises of a state or municipal housing stock (an authorized state body or an authorized local government body acting on his behalf) or a person authorized by him (landlord), under a social tenancy agreement for residential premises, undertakes to transfer the residential premises to the citizen (tenant) for possession and use for living in it under the conditions established by the Housing Code.

Likewise, residential premises owned by citizens can be rented out under a commercial lease agreement to other citizens for residence. The procedure, terms and conditions for renting residential premises are determined by an agreement between the owner of the property and the tenant. The parties may provide for rights and obligations that differ significantly from those provided for by law for landlords and tenants in houses of the state and municipal housing stock, in particular with regard to the amount of payment for the use of residential premises, the prevention of exchange, subletting, etc.

It is possible to establish special grounds and procedures for terminating the contract. It is allowed to use residential premises for professional activities or individual entrepreneurial activities by citizens legally residing there, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet (Article 17 of the Housing Code).

The placement of industrial production in residential premises is not allowed. As you know, a production facility involves the placement of special equipment and devices for the production of products and repairs (for example, a printing house, bakery, forge, etc.). The operation of such equipment in a residential building makes it impossible for residents to live.

The owner of a residential premises can place enterprises, institutions, and organizations in it only after the residential premises have been converted into non-residential premises. The transfer of residential premises to non-residential premises and non-residential premises to residential premises is permitted subject to compliance with the requirements of the Housing Code and legislation on urban planning (Article 22 of the Housing Code).

The transfer of residential premises to non-residential premises and non-residential premises to residential premises is carried out by a local government body (Article 23 of the Housing Code). Control over the transfer of residential premises to non-residential premises is carried out by the State Housing Inspectorate of the Russian Federation.

Full text of Art. 288 of the Civil Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 288 of the Civil Code of the Russian Federation.

1. The owner exercises the rights of ownership, use and disposal of residential premises belonging to him in accordance with its purpose.

2. Residential premises are intended for the residence of citizens.

A citizen who owns a residential premises can use it for personal residence and for the residence of his family members.

Residential premises can be rented out by their owners for living on the basis of an agreement.

3. Placement of industrial production in residential buildings is not allowed.

Commentary on Article 288 of the Civil Code of the Russian Federation

1. In relation to residential premises, the general provisions on the right of ownership of these objects are fully applicable. At the same time, the implementation of the right in relation to these objects is associated with a number of features regulated by the Civil Code of the Russian Federation and the Housing Code of the Russian Federation.

The purpose of use of the residential premises is:
- for residence of the owner and his family members;
- for the residence of other persons with the permission of the owner on the basis of a lease, rental agreement, etc.

Production activities or the placement of production facilities do not correspond to the specified intended purpose, and are accordingly prohibited by law. If production or other facilities are located in a residential premises, it is subject to transfer to non-residential premises in accordance with the established procedure.

2. Applicable law:
- Housing complex of the Russian Federation.

3. Judicial practice:
- definition of the Constitutional Court of the Russian Federation dated 02/06/2004 N 135-O;
- Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 23, 2009 N 64 “On some issues in the practice of considering disputes regarding the rights of premises owners to the common property of a building”;
- resolution of the Third Arbitration Court of Appeal dated July 2, 2014 in case No. A33-22922/2013;
- decision of the Arbitration Court of the Rostov Region dated July 2, 2014 in case No. A53-23087/2012;
- decision of the Oktyabrsky City Court of the Samara Region dated 07/08/2014 in case No. 2-261/2014.

Consultations and comments from lawyers on Article 288 of the Civil Code of the Russian Federation

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The Civil Code of the Russian Federation, along with the federal laws adopted in accordance with it, is the main source of civil legislation in the Russian Federation. Civil law norms contained in other normative legal acts cannot contradict the Civil Code. The Civil Code of the Russian Federation, work on which began at the end of 1992, and initially proceeded in parallel with work on the Russian Constitution of 1993, is a consolidated law consisting of four parts. Due to the huge volume of material that required inclusion in the Civil Code, it was decided to adopt it in parts.

The first part of the Civil Code of the Russian Federation, entered into force on January 1, 1995, (with the exception of certain provisions), includes three of the seven sections of the code (Section I “General Provisions”, Section II “Property Rights and Other Property Rights”, Section III “General part of the law of obligations”). This part of the Civil Code of the Russian Federation contains the fundamental norms of civil law and its terminology (about the subject and general principles of civil law, the status of its subjects (individuals and legal entities)), objects of civil law (various types of property and property rights), transactions, representation , limitation of actions, property rights, as well as the general principles of the law of obligations.

The second part of the Civil Code of the Russian Federation, which is a continuation and addition to part one, came into force on March 1, 1996. It is entirely devoted to Section IV of the code “Certain types of obligations”. Based on the general principles of the new civil law of Russia, enshrined in the 1993 Constitution and part one of the Civil Code, part two establishes a detailed system of rules on individual obligations and contracts, obligations resulting from causing harm (torts) and unjust enrichment. In terms of its content and significance, part two of the Civil Code of the Russian Federation is a major stage in the creation of new civil legislation of the Russian Federation.

The third part of the Civil Code of the Russian Federation includes section V “Inheritance Law” and section VI “Private International Law”. Compared to the legislation in force before the entry into force of Part Three of the Civil Code of the Russian Federation on March 1, 2002, the rules on inheritance have undergone major changes: new forms of wills have been added, the circle of heirs has been expanded, as well as the range of objects that can be transferred in the order of hereditary succession; Detailed rules have been introduced regarding the protection and management of inheritance. Section VI of the Civil Code, dedicated to the regulation of civil law relations complicated by a foreign element, is a codification of the norms of private international law. This section, in particular, contains rules on the qualification of legal concepts when determining the applicable law, on the application of the law of a country with a plurality of legal systems, on reciprocity, retroactive reference, and establishing the content of norms of foreign law.

The fourth part of the Civil Code (entered into force on January 1, 2008) consists entirely of Section VII “Rights to the results of intellectual activity and means of individualization.” Its structure includes general provisions - norms that apply to all types of results of intellectual activity and means of individualization or to a significant number of their types. The inclusion of norms on intellectual property rights in the Civil Code of the Russian Federation made it possible to better coordinate these norms with the general norms of civil law, as well as to unify the terminology used in the field of intellectual property. The adoption of the fourth part of the Civil Code of the Russian Federation completed the codification of domestic civil legislation.

The Civil Code of the Russian Federation has passed the test of time and extensive application practice, however, economic offenses, often committed under the guise of civil law, have revealed the lack of completeness in the law of a number of classical civil law institutions, such as the invalidity of transactions, the creation, reorganization and liquidation of legal entities, assignment claims and transfer of debt, pledge, etc., which necessitated the need to introduce a number of systemic changes to the Civil Code of the Russian Federation. As noted by one of the initiators of making such changes, President of the Russian Federation D.A. Medvedev, “The existing system does not need to be restructured, fundamentally changed... but to be improved, to reveal its potential and to develop implementation mechanisms. The Civil Code has already become and should remain the basis for the formation and development of civilized market relations in the state, an effective mechanism for protecting all forms of property, as well as the rights and legitimate interests of citizens and legal entities. The Code does not require fundamental changes, but further improvement of civil legislation is necessary..."<1>.

On July 18, 2008, Decree of the President of the Russian Federation No. 1108 “On improving the Civil Code of the Russian Federation” was issued, which set the task of developing a concept for the development of civil legislation of the Russian Federation. On October 7, 2009, the Concept was approved by the decision of the Council for the Codification and Improvement of Russian Legislation and signed by the President of the Russian Federation.

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<1>See: Medvedev D.A. Civil Code of Russia - its role in the development of a market economy and the creation of a rule of law // Bulletin of Civil Law. 2007. N 2. T.7.

ST 288 Civil Code of the Russian Federation

1. The owner exercises the rights of ownership, use and disposal of residential premises belonging to him in accordance with its purpose.

2. Residential premises are intended for the residence of citizens.

A citizen who owns a residential premises can use it for personal residence and for the residence of his family members.

Residential premises can be rented out by their owners for living on the basis of an agreement.

3. Placement of industrial production in residential buildings is not allowed.

Commentary to Art. 288 of the Civil Code of the Russian Federation

The purpose of use of the residential premises is:

For residence of the owner and his family members;

For the residence of other persons with the permission of the owner on the basis of a lease, rental agreement, etc.

Production activities or the placement of production facilities do not correspond to the specified intended purpose and, accordingly, are prohibited by law. If production or other facilities are located in a residential premises, it is subject to transfer to non-residential premises in accordance with the established procedure.

2. Judicial practice:

Resolution of the Supreme Court of the Russian Federation dated 06/07/2016 N 67-KG16-3 (on the allocation in kind of a share in the right of common shared ownership of an apartment and moving in, imposing the obligation to remove obstacles in using the apartment, hand over a set of keys);

Resolution of the Second Arbitration Court of Appeal dated May 23, 2016 No. 02AP-1529/2016 in case No. A17-459/2015 (on eliminating the violation of the right of ownership of the premises);

Resolution of the Fifth Arbitration Court of Appeal dated 06.06.2016 No. 05AP-3358/2016 in case No. A24-4367/2015 (on declaring illegal the administration’s decision to refuse to transfer residential premises to non-residential premises).

Article 288. Ownership of residential premises

1. The owner exercises the rights of ownership, use and disposal of residential premises belonging to him in accordance with its purpose.

2. Residential premises are intended for the residence of citizens.

A citizen who owns a residential premises can use it for personal residence and for the residence of his family members.

Residential premises can be rented out by their owners for living on the basis of an agreement.

3. Placement of industrial production in residential buildings is not allowed.

Article 289. Apartment as an object of ownership

The owner of an apartment in an apartment building, along with the premises occupied for the apartment, also owns a share in the ownership of the common property of the house (Article 290).

Article 290. Common property of apartment owners in an apartment building

1. The owners of apartments in an apartment building own, by right of common shared ownership, the common premises of the house, the supporting structures of the house, mechanical, electrical, sanitary and other equipment outside or inside the apartment that serves more than one apartment.

2. The owner of an apartment does not have the right to alienate his share in the right of ownership of the common property of a residential building, as well as to perform other actions entailing the transfer of this share separately from the right of ownership of the apartment.

Article 291. Homeowners’ Association

1. Apartment owners, to ensure the operation of an apartment building, the use of apartments and their common property, form associations of apartment (housing) owners.

2. A homeowners’ association is a non-profit organization created and operating in accordance with the law on homeowners’ associations.

Article 292. Rights of family members of owners of residential premises

1. Members of the owner’s family living in residential premises belonging to him have the right to use this premises under the conditions provided for by housing legislation.

Members of the owner's family who are legally capable and have been limited in their legal capacity by the court and who live in the residential premises belonging to him are jointly and severally liable with the owner for the obligations arising from the use of the residential premises. (as amended by Federal Law No. 49-FZ dated April 24, 2008)

2. The transfer of ownership of a residential building or apartment to another person is the basis for termination of the right to use residential premises by family members of the previous owner, unless otherwise provided by law. (as amended by Federal Law dated December 30, 2004 N 213-FZ)

3. Family members of the owner of residential premises may demand elimination of violations of their rights to residential premises from any persons, including the owner of the premises.

4. Alienation of residential premises in which family members of the owner of this residential premises who are under guardianship or trusteeship live or minor members of the owner’s family left without parental care (which is known to the guardianship and trusteeship authority), if this affects the rights or interests protected by law of these persons , is permitted with the consent of the guardianship and trusteeship authority. (as amended by Federal Law dated December 30, 2004 N 213-FZ)

Article 293. Termination of ownership rights to unmanaged residential premises

If the owner of a residential premises uses it for other purposes, systematically violates the rights and interests of neighbors, or mismanages the housing, allowing it to be destroyed, the local government body may warn the owner about the need to eliminate the violations, and if they lead to the destruction of the premises, also assign the owner a proportionate period for renovation of the premises.

If the owner, after a warning, continues to violate the rights and interests of neighbors or uses the residential premises for other purposes, or fails to carry out the necessary repairs without good reason, the court, at the request of a local government body, may decide to sell such residential premises at public auction with payment to the owner of the proceeds from the sale. minus the costs of executing the court decision.