  mikheeva-ie-vestnik-2023-2.pdf |
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- Problems of installation of an air-conditioning and ventilation system on a facade of the apartment house
- Shmelev K.V., Moiseeva O.V. Problems of installation of an air-conditioning and ventilation system on a facade of the apartment house. Vestnik of Kostroma State University, 2023, vol. 29, No. 2, pp. 227–232. (In Russ.) https://doi. org/10.34216/1998-0817-2023-29-2-227-232
- DOI: https://doi.org/10.34216/1998-0817-2023-29-2-227-232
- УДК: 347.241
- EDN: UBHXTO
- Publish date: 2023-05-25
- Annotation: The article deals with the legal regulation of the order of installation of external unit of air conditioning and ventilation system on the façade of an apartment building. In connection with the absence of the necessity to obtain a special permit for installation of air-conditioning system in the federal legislation and the diverse judicial practice on this question there are problems of housing owners’ rights realisation for such improvement of dwelling premises. During the study it was found that these legal relations are currently regulated, including by regional legislation, but it does not define the issue of approval of the installation of an external air conditioning system unit with other owners of the common property of the apartment building. Relevant is also the question of the possibility of defining the technical conditions for the installation of air conditioning system in the management contract of the apartment building, the need to obtain permission for the installation from the managing organisation. As a result of the analysis of the current legislation and materials of the judicial practice the conclusion on necessity of establishment of requirements to coordination of installation of the external block of the air conditioning system with other owners of the general property of the apartment house is made.
- Keywords: air-conditioning system, air conditioner, management, apartment building, common property, exercise of housing rights, general meeting of owners.
- Funding and acknowledgments: The work was prepared within the framework of the activities of the Competence Centre ‟Cyber Law” of Kutafin University (MSLA) in order to implement the development programme ‟Priority 2030”.
- Literature list: Chistov A.P. Osobennosti pravovogo regulirovaniia razmeshcheniia blokov konditsionerov na fasadakh zhilykh zdanii [Features of the legal regulation of the placement of air conditioner units on the facades of residential buildings]. Pravovye voprosy nedvizhimosti [Legal issues of real estate], 2022, pp. 30-33 (In Russ.) Filatova U.B. Institut prava obshchei dolevoi sobstvennosti sobstvennikov pomeshchenii v mnogokvartirnom dome v Rossii i stranakh nemetskoiazychnogo pravovogo kruga [The Institute of the Law of Common Shared Ownership of the Owners of Premises in an Apartment Building in Russia and the Countries of the German-Speaking Legal Circle]. Glagol pravosudiia [Verb of justice], 2015, No. 2 (10), pp. 5-7 (In Russ.) Kudina S.A. Osushchestvlenie pravomochii sobstvennika obshchego imushchestva v mnogokvartirnom dome [Exercise of the powers of the owner of common property in an apartment building]. Ufa, UIuI Publ., 2011, 135 p. (In Russ.) Zhirov A.A. Osteklenie balkona, ustanovka konditsionera: soglasovyvat' li net? [Balcony glazing, air conditioning installation: should it be coordinated or not?]. Zhilishchnoe pravo [Housing law], 2011, No. 4, pp. 41-48 (In Russ.)