Is it possible to privatize the attic above your apartment?
Theoretically, yes, it is possible. The attic, like staircases, as well as other common areas of an apartment building are the shared property of all residents. Thus, formally, part of the attic already belongs to the owner of the apartment (Article 36 of the Housing Code of the Russian Federation). However, in practice it will be quite difficult to exercise this right. Moreover, an attempt to arbitrarily “seize” this premises is a serious violation, so doing so is categorically not recommended.
Main problems
The first problem associated with registering an attic as personal property is the reluctance of other residents. Few people would agree for their neighbor to simply take part of the common space for himself, even if no one is going to use it anyway. Therefore, the first thing you need to do is try to negotiate with other residents. This can be done at a general meeting.
You can offer a certain amount of compensation to all other residents or some additional services/work at your own expense. A popular solution is to create a playground, a recreation area, a beautiful flower bed, and so on in the local area.
The second problem is the presence of house communications in the attic. If they exist, then most often it will not be possible to use the premises for personal purposes, because the law requires constant access for maintenance personnel to communicate. In some cases, such elements can be moved to another location, but this happens quite rarely and most often nothing can be changed.
Example : If electrical cables run above the apartment, in theory they can be moved or reconnected by moving them to the side. But it is virtually impossible to do anything with the pipes or, especially, the elevator shaft.
There are other problems that may make it impossible to privatize an attic:
- Major renovation . If a major renovation is planned in the house in the near future, no one will give the attic to the ownership of one person. On the other hand, after renovation, such a room will become much more attractive, and therefore it makes sense to wait.
- House demolition . If the house is declared unsafe and it is planned to demolish it, then the attic could be an excellent addition to the apartment, because compensation from the state directly depends on the value of the lost property. And it is for this reason that all authorities whose permission is required to obtain ownership of this premises will be categorically against it.
- Private property . It also happens that the attic is already registered as the property of another person. On the one hand, this excludes the possibility of privatization, on the other, it opens up the possibility of purchasing a separate part of this very attic, because it is unlikely that this room will be used in its entirety.
In some cases, it will not be possible to obtain ownership of the attic under any circumstances. And then it makes sense to consider the possibility of drawing up a lease agreement.
Apartment on the top floor - pros and cons
WHAT IS THERE, CAN THERE BE PROBLEMS, NOISE? I WOULD BE GRATEFUL FOR YOUR FEEDBACK!:flower:
Most likely you have a floor above your apartment.
