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Publication date: 30.04.2024
Legal opinion
A parking lot is an independent building or a component of a residential complex Association of co-owners of an apartment building
The first question is the postal address of the apartment building. Disputes periodically arise regarding the legality of creating two separate condominiums in two buildings with one postal address or assigning two or more postal addresses to a constructively unified building.
According to the "State Classifier of Buildings and Structures" (DK 018-2000), buildings are structures consisting of load-bearing and enclosing or connected (load-bearing and enclosing) structures that form above-ground or underground premises intended for the residence or stay of people. placement of equipment, animals, plants, and objects. There is no reference to a postal address in the definition.
Therefore, whether the real estate objects are part of one building or separate buildings is decided through the given definition, studying the technical documentation of the building (or simply inspecting it, if such documentation is not available). And with postal addresses, situations can be very diverse. At the beginning of construction, the object is assigned a so-called construction address. Upon completion - a post office, which may or may not coincide with the construction office.
Sometimes the developer, trying to sell out the apartments as quickly as possible, puts the object into operation in parts (sections), receiving a separate postal address for each of them, although, as it turns out later, all these parts are a single building with common structural elements (often common foundation) and engineering equipment.And sometimes it happens that several independent buildings built on the same plot of land with the same building address receive the same postal address. But because of that, they do not become a single object, but remain separate buildings.
The second issue is the parking spaces, which can be located in the structural part of the apartment building, or can be in a separate parking lot, which has the same postal address as the building, but is a completely separate building.
A parking space is not a room. But at the same time, it is a separate independent object of ownership in an apartment building.
In connection with this, at one time there were disputes about whether to recognize the owners of parking spaces as co-owners of an apartment building and, accordingly, whether to allow them to participate in the founding and general meetings of the condominium, and whether they are obliged to bear the costs of maintaining the building on an equal basis with the rest of the co-owners.
A legal analysis of the situation gives grounds for making two positions:
One is based on the provisions of state building regulations and does not recognize the owners of parking spaces as co-owners of an apartment building. It has its own logic, since DBN B.2.2-15-2005 considers built-in and built-in-attached parking lots as auxiliary premises of an apartment building. But this logic would be correct if the parking spaces were really auxiliary premises, and not independent objects of property rights.Since the ownership of a parking space as an independent object is registered in accordance with the Law of Ukraine "On financial and credit mechanisms and property management in housing construction and real estate transactions", the parking space is legally defined as an "equal" object of ownership in apartment building next to an apartment or non-residential premises. Therefore, by analogy with the law (Part 1 of Article 8 of the Civil Code of Ukraine), the rights and obligations of co-owners of an apartment building should be recognized for the owners of such parking spaces.
Analysis of the situation by a lawyer: co-owners of an apartment building are owners of apartments and other residential premises, owners of non-residential premises, owners of parking spaces, if they are located in the structural part of an apartment building, owners of other "independent" objects of property rights in the building, acquired on legal grounds.
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Legal opinion: whether individual objects are parts of the same building or separate buildings is determined by the technical documentation for the building(s), not the assigned postal address, i.e. there must be evidence that the parking lot and the residential building have different or common load-bearing, enclosing and load-bearing -enclosing structures, mechanical, electrical, plumbing and other equipment inside or outside, as well as land rights.
