A neighbor smokes on the balcony and smoke comes into your apartment: what to do, how to fight it legally

You can find out whether a balcony is a common property by referring to clause 3, part 1, art. 36 of the Housing Code (LC) of the Russian Federation and to paragraph “c” of Part 2 of Section I of the Decree of the Government of the Russian Federation No. 491 of August 13, 2006. They indicate that the balcony is classified as a structure of an apartment building that performs a fencing function. This means that the loggia is indeed classified as common property. This is fair because in most apartment buildings, the floor on one citizen’s balcony extends beyond the ceiling of another. The opposite is also true.

But only the external parts of the balcony, which were rebuilt at the same time as the building, will be considered common property. Among them:

• external fencing of the loggia;
• walls, floor, sometimes ceiling (if an open balcony was not built, without a canopy);
• floor slabs separating the room from the neighboring ones.

Housing and communal services employees are responsible for the safety of the above property. If the management company or the owners' association oblige residents to repair the external parts of the loggia themselves, then this is an illegal requirement. We recommend that you contact a lawyer who can defend your interests and save the family budget.

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Is it possible to smoke on the common balcony of an apartment building?

The reason for the question is Federal Law No. 15 of February 23, 2013.
I was puzzled by this question myself and looked on the Internet for several explanations from lawyers regarding the ban on smoking tobacco in public places and in particular on common balconies. All explanations boil down to the fact that smoking is prohibited on such balconies.

Even if you find a loophole in the law, you are unlikely to be able to prove your case in court.

Addition (to make it clear what Irence and I are arguing about).

Balcony is a fenced area protruding from the wall of a building (photo 1); there is a maximum of two walls (if the balcony is corner; photo 2). According to the Housing Code of the Russian Federation and SNiP 31-01-2003, it refers to objects of common shared ownership of an apartment building.

Loggia - a room recessed into the wall of a building; has three walls (photo 3, as well as the second photo in Irence's answer). According to the Housing Code of the Russian Federation and SNiP 31-01-2003, it refers to premises of common shared ownership of an apartment building.

At the everyday level, the concepts of “balcony” and “loggia” are synonymous, but from the point of view of construction and law, these are different things.

Recently, balconies have been built less frequently, since they (due to less fortification) more often and quickly become unusable, often leading to casualties (photo 4).

An apartment building consists of apartments (living premises) and everything else.

Everything else is divided into:

• common areas;
• public facilities.

To public premises (based on part 1 of article 36 of the Housing Code of the Russian Federation, part 3 of Appendix “B” to SNiP 31-01-2003 (“Building norms and rules of the Russian Federation”) and part 3 of Appendix “B” to SP 54.13330 .2011 (Code of rules for the construction and reconstruction of apartment buildings) include :

• technical floors;
• attics;
• elevator and other shafts;
• basements in which utilities are located;
• corridors;
• stairs and landings;
• premises for leisure, culture, physical education, sports, children's creativity, social and domestic purposes (shared kitchens, shared laundries, shared bathrooms);
• loggias, access to which is provided from common areas;
• garage in the basement of the house.

Public facilities include :

• balconies accessed from common areas;
• terrace (fenced roof of the lower floor, access to which is from the common area);
• roof;
• all communications and life support systems;
• load-bearing and enclosing structures;
• the land plot on which the house is located;
• landscaping and landscaping elements;
• objects located on the land plot (children's playgrounds, garages, gazebos, parking lots).

According to terminology:

— a loggia is a room recessed into the wall, even if it is not glazed;

- a balcony (like a terrace) is a protruding fenced area, even if it is glazed.

If now, taking into account existing regulations, we look at Federal Law No. 15, then we can conclude where you can smoke so as not to violate the requirements of clause 10, part 1, article 12, and where you can’t. This paragraph refers only to common areas.

On the balcony, which is accessed from a common area, you can smoke, regardless of whether it is glazed or not. If the balcony is glazed, then you MUST open the window.

In order not to disturb the non-smoking residents of the house when smoking on the common balcony, you MUST CLOS the balcony door so that smoke does not enter the common areas.

Price: 100 UAH.

Lyudmila, thank you, there is also practice - I referred to the Generalization of the practice of considering cases of the Presidium of the Moscow Regional Court for 2009, it was about balconies, it was indicated - to transfer a room and a balcony for use. About Part 1 of Article 23 of the Constitution of the Russian Federation, I will definitely write in the appeal

Article 15 of the RF Housing Code: 5. The total area of ​​a residential premises consists of the sum of the area of ​​all parts of such premises, including the area of ​​auxiliary premises intended to satisfy citizens' household and other needs related to their residence in residential premises, with the exception of balconies, loggias, verandas and terraces.

Utility rooms according to SNIP 2.08.01-89*: 2.2.(K) Apartments should include living rooms and utility rooms: kitchen, hallway, bathroom or shower room, restroom, pantry (or utility built-in cabinets). It is allowed to construct a room for household work, a cold pantry (or cabinets), and a ventilated drying cabinet for outerwear and shoes. Balcony (according to SNIP) is a fenced area protruding from the plane of the facade wall, used for relaxation in the summer.

according to Part 2, Clause 6, Art. 12 Federal Law “On state registration of rights to real estate and transactions with it” premises are objects that are part of buildings and structures.

clause 1 art. 41 of the RF Housing Code (Ownership right to the common property of the owners of rooms in a communal apartment) says that the owners of rooms in a communal apartment own, by right of common shared ownership, the premises in a given apartment used to service more than one room (common property in a communal apartment). A balcony is not a room and, accordingly, cannot be recognized as a public place.

Thus, the balcony is not a common area.

Irina, thank you for your detailed, detailed answer. The court in its decision indicated that “the balcony is not intended for living, it serves to satisfy citizens’ household and other economic needs related to living, and therefore cannot be provided for the sole use of one of the co-owners.”

Information: is it legal to smoke on the balcony?

According to the adopted law No. 15 of February 23, 2013, a specific list of places where smoking is prohibited has been compiled and, in case of violation of this standard, a person faces a fine. This document also contains a list of places in public buildings and residential buildings where smoking is also prohibited. If you study this list, it turns out that the apartment’s balcony is not such a place and, accordingly, formally you can smoke on it, but again, with reservations, if tobacco smoke and ashes do not bother the neighbors. If the neighbors complain about smoke entering the apartments through the windows, then, accordingly, a person will not be able to smoke on the balcony either.

But there are certain loopholes in this case:

1. Since a balcony is not public property and does not fall under the law on public places, the fact of smoking on the balcony still needs to be proven, and this is not always possible, especially if a person smokes carefully, without throwing cigarette butts from the balcony onto the street.
2. If a person lives in a private house, then he can smoke on the balcony as much as he wants, again, provided that the tobacco smoke does not bother the neighbors.

Also, according to the law, smoking is prohibited on public balconies or on a balcony that is accessible through any utility room or stairwell; smoking is also prohibited on such a balcony. If a person is staying in a hotel room with a balcony, then according to internal rules, smoking on balconies is also prohibited. But some small hotels, in order not to lose customers, allow smoking on the balconies.

Penalty for smoking in public places in 2019-2020

Citizens who decide to violate the requirements established by Federal Law 15-FZ on the ban on smoking in public places are brought to administrative responsibility. In 2019-2020, the fine for violators, according to Article 6.24 of the Code of Administrative Offenses of the Russian Federation, ranges from five hundred to one and a half thousand rubles. This will be the fine for smoking in the entrance of a residential building or in an elevator. As a rule, most often it is in these places that crimes are stopped, since neighbors can easily identify a smoker and report him.

It is more difficult to fine a smoker on the playground. Although the fine for such an offense is higher: from 2,000 rubles to 3,000 rubles. However, if a person once came to smoke at the playground and left before the police arrived, then, of course, such an offense will go unpunished.

The balcony of an apartment building does not belong to places prohibited for smoking, according to 15-FZ. Thus, if neighbors complain about smoke, then you can try to attract a smoker under Article 20.4 of the Code of Administrative Offenses of the Russian Federation, i.e. for violating fire safety rules. In this case, you can get off with just a warning. Otherwise, you will have to pay a fine, just like for smoking on the playground, from 2,000 rubles to 3,000 rubles. Smokers can try to challenge the fine, since the smoking ban legislation does not exactly answer the question of whether it is possible to smoke on the balcony of your apartment under the new law.

The dangers of smoking on the balcony

Smoking in an apartment is not prohibited by any rules or laws, provided that the apartment is the property of a person and not rented or corporate. And if the apartment has a balcony or loggia, then many people believe that they can smoke here too.

But, this action may violate the rights of other citizens and, if they are unhappy, they can complain to the appropriate authorities.

And if the fact of smoking can be proven, then they have the right to file a lawsuit. But in court the fact of this action is difficult to prove; a number of examinations will be required to establish the fact of the negative influence of tobacco smoke. In order not to complicate relations with neighbors, you can take some steps.

Related article: Covering a balcony with plastic panels

Namely:

1. Glaze the balcony so that smoke from cigarettes or pipes leaks out onto the street as little as possible, install an ashtray on the balcony so as not to throw cigarette butts onto the street. This way, neighbors will have fewer complaints against the smoker.
2. To completely avoid complaints from neighbors, you can switch to electronic cigarettes, which will not cause a fire or cause cigarette butts. The smoke from such e-cigarettes is also believed to be less harmful than that from traditional tobacco products.

If a person travels somewhere, for example, to the neighboring state of Belarus, then he should know that in Belarus a ban on smoking tobacco on common balconies and loggias has been introduced. Violation of this prohibition is subject to fairly serious punishment from law enforcement agencies.

Requirements for products and components

The new GOST for balcony glazing includes requirements for components or links to current regulatory documents that regulate these requirements.

A number of standards are provided for the use of wooden, metal (aluminum), plastic (PVC) profiles and their joints.

Translucent elements must transmit the visible spectrum of solar radiation and UV rays (from 200 to 380 nm).

If you plan to glaze the balcony with panoramic blocks, an additional protective fence (“French balcony”) is required.

The design and installation of balcony glazing must ensure:

• possibility of emergency exit;
• thermal protection and sound insulation that meet sanitary standards;
• safety of injuries and environmental friendliness of components;
• stability under the influence of man-made or natural factors - hurricane wind, fire, etc.

Violation of state standards will lead to problems with supervisory authorities and delay the completion of the project.

State law on smoking on balconies

The majority of people who smoke are sure that no one prohibits smoking on the loggia or balcony of their own apartment, since according to the law that protects the health of citizens from the effects of cigarette smoke and the consequences of tobacco consumption, smoking is not allowed in common areas, including on the common balcony.

The law does not directly indicate that smoking is prohibited on the balcony of your apartment, but there are a number of reservations:

1. Smoking is allowed in the premises of an apartment building, provided that tobacco smoke does not disturb other people, that is, it does not enter neighboring apartments through open windows and vents.
2. Also, if cigarette butts and tobacco residues do not fall on neighboring balconies and loggias.
3. According to this law, you can smoke in your apartment without any restrictions, but again, provided that the smoke does not reach your neighbors through the ventilation.
4. If neighbors complain to Rospotrebnadzor or a local police officer, and this fact is legally proven, smokers face a large fine.

From everything written above, we can conclude that it is quite possible to smoke on the balcony and yourself at home; the law does not prohibit it. But at the same time, if any problems arise with neighbors, it is necessary to resolve the issue peacefully so that they do not complain to the district police officer or higher authorities.

When a problem cannot be resolved peacefully, then, according to this law, neighbors have the right to file a lawsuit.

But at the same time, the fact of smoking and the harm to health from it will have to be documented, and this can sometimes be very difficult to do. In order not to quarrel with neighbors, you can use the toilet as a smoking room, releasing smoke into the ventilation, but smoke through it can get into other apartments.

GOST balcony glazing

Owners, managers and investors of the construction business, representatives of real estate management companies should know that since November last year, a new national standard “Window and balcony structures for various functional purposes for residential buildings” has been put into effect in the Russian Federation.

The new GOST for glazing of balconies and loggias R 56926-2016 systematized and combined the requirements for translucent structures of residential buildings, scattered across more than 30 different standards and SNiP.

What to do when neighbors smoke on the balcony

Sometimes the situation is completely opposite, the person himself does not smoke, but the neighbors are smokers, as a result of which tobacco smoke ends up in the apartment. To avoid this, you can first try to negotiate with your neighbors peacefully and stop smoking on the balcony or in another public place.

But if this does not help, then in this case you have to fight the use of the anti-tobacco law:

1. To begin with, you can study this law using different sources of information, for example, from websites and forums dedicated to this problem.
2. After finding the necessary information, you can safely write a complaint to the district police officer and Rospotrebnadzor about your smoking neighbors. But, in addition to accusatory words, you need to attach documents stating that tobacco smoke from neighbors enters the apartment and negatively affects health.
3. You can also initiate a meeting of the residents of the entrance, and raise the issue of the smoking area and its equipment, and invite all smoking neighbors to smoke only there. At the same time, this place must meet all fire safety and sanitary standards.

Another option is to renovate your apartment with maximum insulation of the balcony and windows, installation of a fresh air supply system equipped with carbon filters, and installation of an air conditioner with an air purification function. Such repairs, of course, will cost a pretty penny, but it will prevent the appearance in the apartment of not only tobacco smoke, but also other unpleasant odors penetrating from the street.

Example of an advertisement “Do not throw cigarette butts from the balcony”

Sometimes it is not possible to talk to each smoker individually, but something must be done. Placing advertisements at the entrance will help here. This way, all neighbors will be informed, they will know about the possible consequences and the prohibition of certain actions.

Sample advertisements can be seen below and above these words and downloaded if desired.

To enlarge the ad, click.

What does the law say?

Before understanding and answering the question that interests us, it would be nice to understand the situation from the point of view of the law.

A balcony or loggia is a fenced area protruding from the facade of an apartment building. The Government Decree and the Housing Code state that balcony slabs are common property, since they serve as part of the building, as well as part of the structure, which is considered enclosing. In a word, the walls, the upper part that serves as the ceiling, the balcony slab, and the outer fencing are common house property, because the listed elements serve not only the premises of your balcony or loggia, but also the premises of your neighbors. For example, the balcony slab of the neighbor above serves as your ceiling, and the slab of the neighbor below serves as your floor. And the second reason why the listed elements are considered common property is that they all serve as an integral part of the facade, which is not owned by the residents.

Related article: Is it possible to smoke on a shared balcony?

Thus, we can summarize and summarize that common property includes:

• balcony slab, because it is a load-bearing delimiting element in an apartment building;
• external walls, since they are considered common property and serve more than one room;
• external fencing.

What is the difference between a balcony and a loggia in an apartment: types of buildings, operating features

First about the balconies. The most common ones are standard ones. They are an open area on a reinforced concrete base. The fence is a grille welded with brackets. In some houses it is replaced by decorative reinforced concrete slabs. They are found in almost all cities of our country.

Types of balconies

1. French. They have almost no free space. A semicircular or straight fence covers a small ledge, which is only enough to place your foot. They are mounted not only at doors, but also at windows. Now this is what they call fully glazed buildings.
2. Forged. They can be large and small. They can be distinguished by the forged ornament on the grille and base.
3. Glazed. Usually these are modern balconies with an expanded area, covered with glass from top to bottom or only half.
4. In new buildings there are extensions that half protrude from the house and half are in it.

Types of loggias

They come in two types: with two walls on the right and left, or with one if the structure is semicircular. It is considered a more stable structure. Usually larger in size - you can equip a full-fledged additional room with insulation. And here lies one of the problems. Now, if you want to redevelop any of these properties, the law requires approval from the local housing inspectorate.

• Laws and finance

  Is the balcony included in the total area of ​​the apartment?

Whose property is a balcony considered to be?

Above, you learned what components are in the property of all residents of an apartment building, now it’s time to find out what is in the property of the resident of an apartment with a balcony.

All space that is limited by elements that are common property is considered the property of the owner. That is, the balcony slab, external walls and external fencing are common property, but the space itself and the premises limited by these elements are the property of only the owner of the apartment, and this limits the right to visit, and even more so dispose of, the balcony by all interested persons.

Also, the owner’s property includes all interior items that are present on the balcony: be it furniture, lighting items, decorations and much more. Other property of the owner of the property are railings, glazed windows, doors, canopies installed spontaneously, awnings and other elements that were installed by the owner of the apartment.

The resident’s ownership of a balcony or loggia is specified in the technical passport.

To summarize, we can conclude that the owner’s property includes:

• railings;
• glazed windows;
• doors;
• spontaneously installed canopies or awnings for protection from bad weather conditions;
• interior items and furniture that are located on the balcony.

What rights and responsibilities does the owner of the balcony have?

After we have figured out what is considered common property and what is the property of the home owner, we should find out what rights and responsibilities the owner of the balcony has.

Whose responsibilities include carrying out repairs on the balcony?

Who should carry out repairs and reconstruction depends solely on who owns the item that needs repair. If the item is in common property, the reconstruction must be carried out by the Management Company or the Housing Department. For example, if your balcony slab is cracking and crumbling, then you need to contact the employees of the HOA (homeowners' association), who must make a decision on what repair work needs to be done. Next, an application is written to the director of the Management Commission or the director of the housing department to carry out repairs. The application must be written in two copies, one of which must be kept for yourself in order to go to court if repair work is refused.

Next, the HOA employees will decide how much money needs to be allocated, when to start and finish the work, how much material is needed, and so on.

If the element that is subject to repair and reconstruction is individually owned, then its repair must be carried out by the owner of the dwelling in which it is located.

Is it possible to change the size of the balcony slab, combine a loggia with a room, or add a balcony?

The dimensions of the slab can only be changed if permission has been obtained. Permission is also required to add a balcony if there was none initially.

It is possible to combine a loggia with a room, but in this case you will have to pay a higher amount for the room that serves as a balcony, since this room will be considered heated.

If changes occur that do not entail a change in the size of the room or the addition of additional structures, and the changes consist of design and decorative changes, then in this case permission is not required.

Who is responsible for the condition of the balcony?

The owner is responsible for the condition of the balcony. His responsibilities include clearing the canopies and additional canopies that he built himself from snow, ice and icicles in order to prevent damage to other people's property as a result of snow or ice melting.

The owner is also obliged to monitor its condition and, if necessary, independently repair windows, doors, balcony structures or additional canopies and awnings that were installed independently.

Can I place or remove a banner or advertising poster on an outdoor fence myself?

In no case should you place an advertising poster or banner based solely on your own decision, as well as delete it. This can only be done if all residents of the house have given consent to this, since the external fencing is in the property of all residents of the house.

So, after reading this article, you can find the answer to the question: “Is a balcony a common property?” Now that you know the answer to this question that has been bothering you, you can exercise your rights and fulfill your responsibilities.

What to do and who to complain to

The first method of dealing with neighbors who violate the current rules for operating the common parts of the home is to hold a general meeting of residents of the floor or the entire entrance (it all depends on the level of clutter in the entrance).

At this event residents:

• discuss the problem that has arisen;
• explain to the offending apartment owners the reason for the indignation regarding their actions;
• cite legislative norms that confirm that citizens are right regarding the absolute ban on storing things in the common areas of households;
• give time to correct the situation.

The meeting is held quite officially, because its progress is recorded in the form of minutes.

The main purpose of such formality is to ensure that if the situation is not corrected and it is necessary to contact official authorities, there will be an opportunity to prove that the residents of the house also carried out work to correct the situation on their own.

The second “individual” way of fighting is to draw up a collective letter from the residents of the entrance (floor) to the violators.

The letter sets out information about the violation and similarly gives a deadline to correct the situation. The letter is left in the mailbox with the apartment number of the violators or placed under their door.

Contacting a management company or housing department (if the management company has not yet been created) is a more effective way to deal with violators, since the company has official powers.

Each resident of the house has entered into an agreement with the management company for the receipt of services and maintenance, which clearly states that storing any things in the common areas of the household is absolutely prohibited.

That is why, after receiving an official request (it is advisable to attach photographs of violations):

• company representatives go to the location of the violation;
• an act is drawn up;
• violators get acquainted with the text of the act and sign it;
• in case of refusal to sign the act, a document is drawn up in which the fact of refusal is recorded;
• an official deadline is given to correct violations.

Now you know where to turn if your neighbors litter the common corridor.

And here is information about the statute of limitations for collecting alimony.

Follow the link to the article “How maternity capital is divided during a divorce and the division of a mortgage.”

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Is a balcony or loggia a common property of the house?

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.

Related article: What greens can be grown on the balcony

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.

Distribution of Responsibility

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;
2. external fencing;
3. external walls.
4. Individual use:
   railings;
5. window;
6. doors;
7. 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.

How to submit an application for repairs, sample

Drawing up and submitting applications for repairs to the management company can become a real headache for residents of apartment buildings

In order to encourage the management company to repair a collapsing balcony, it is important to write the document correctly

It must contain the details and data of the applicant and the management company, a description of the problem, the requirement for repairs and its justification. The application is drawn up in several copies and signed by the applicant or applicants. In an emergency, it is possible to draw up a collective statement. It is advisable to attach photographs, documents indicating the need for repairs, and explanations from the other residents of the house to the application.

⇒ A sample application requesting repairs is provided at.

You can submit your application in person at the management company office or by sending it by mail. It is better to send correspondence by registered mail with acknowledgment of receipt.

An application for balcony repair (by law) must be considered within a period not exceeding one month. The response to the application will also be sent in writing.

The refusal of the management company to carry out repair work or the absence of any response may become the basis for a complaint from residents.

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.

Required set of documents

In accordance with the new national standard (clause 7.4), the manufacturer of translucent products must present the following documents when delivering them to the site:

• product passport (GOSTs 23166, 30674, 31462);
• executive, or summary specification for the structure;
• test reports (in accordance with Table 4 GOST R 56926-2016);
• technical documentation confirming the compliance of structures with project requirements;
• if a contract is concluded not only for manufacturing, but also for installation, - a project for the installation work (according to GOST 30971).