Requirements and approvals for the installation of an outdoor air conditioner. To install the air conditioner, the consent of the neighbors is required. Installing the outdoor unit

If the sweltering heat pesters, what is easier than installing an inexpensive air conditioner, which can create personal climatic comfort in the room. But it turns out that everything is not as simple as it seems at first glance. For such "amateur performance" you can get a pretty decent fine. So what if you really want to cool off?

With the beginning of summer, the thermometer again began to break temperature records. What to do - global warming outside. However, as the popular aphorism says, there is an antidote for every poison. So technical progress, which led to an increase in temperature on the planet, gave many opportunities to fight this temperature. In any case, in a relatively small volume, with the help of air conditioners.

Conditioner approval: how much does it cost and what are the penalties?

Alas, to install the latter, at least in cities, it may take not only a relatively small amount of money - from $ 400 in equivalent for an inexpensive split system. The law is on guard - according to which, the installation of such systems is equivalent to "redevelopment of buildings" - and entails administrative responsibility. According to Art. 7.21 of the Code of Administrative Offenses - from one and a half to two and a half thousand rubles.

As a matter of fact, the majority of users of climatic technology could have come to terms with this fine - if it had not been for the clarification that after paying it, the building should be returned to its original appearance. That is, everything illegal must be removed. And for failure to comply with this point, if desired, the violator can even take away housing through the court - for allegedly flagrant violations of the rules of residence.

In reality, however, it does not come to such excesses - the majority prefer to negotiate with officials. For whom the existing situation turns into real "rivers of milk with jelly banks" - an inexhaustible possibility of corruption for fulfilling the request "not to notice" an illegal air conditioner.

Coordination of air conditioners in Moscow and St. Petersburg

Fortunately, not all cities erect barriers to those who want to keep cool in their apartment. In Moscow, for example, more than two years ago, a resolution of March 22, 2011 No. 85-PP was adopted - on amending the previous document of the Moscow government, already from 2004. Which provided for the need for a truly titanic work to collect all the necessary papers - stretching for 3-4 months and costing up to 100 thousand rubles. Fortunately, for two years now, Muscovites have been able to enjoy a normal microclimate without the aforementioned bureaucratic formalities. Except, however, for the installation of refrigeration equipment on the street facades of buildings.

Alas, the same cannot be said about the inhabitants of the Northern Capital. There, the Resolution of the Government of St. Petersburg of 09/14/2006 N 1135 "On Approval of the Rules for the Maintenance and Repair of Facades of Buildings and Structures in St. Petersburg" is still in force, according to which the installation of air conditioners must be coordinated. In the case of ordinary buildings - with the Committee for Urban Planning and Architecture, and in cases with buildings with architectural monuments - additionally with the Committee for State Control, Use and Protection of Historical and Cultural Monuments. It doesn't matter where the outdoor unit of the split system will be installed - on the street or in the yard.

It is easy to guess that in each city the problem is solved in its own way. Officials will regret their fellow citizens who are languishing in the heat - they will adopt an appropriate document, or, at least, will not monitor strict observance of the existing prohibitions. If they do not want to, they will begin to conduct raids to identify violators and replenish the city treasury with fines.

"Temperature GOSTs", air conditioners and Sanitary and Epidemiological Supervision

Meanwhile, the competent authorities, the same Sanitary and Epidemiological Supervision, for example, for some reason do not react to the flagrant violation of the aforementioned acts of other norms - sanitary, concerning the temperature regime in the premises.

So, in the working room, the air temperature should not exceed plus 26.4 degrees. If the air there heats up to plus 30 degrees, then the working day should be reduced to 5 hours. If the air temperature reaches plus 32.5 degrees, then the working day should not exceed one hour.

Note that these indicators relate to workplaces - where a person spends a smaller part of his life, and therefore may be exposed to a less comfortable temperature regime. And in an apartment where you are supposed to rest and sleep, the optimum temperature should not exceed 24 degrees. 26 is allowed except in the intensive care units of hospitals - where patients lie naked under thin blankets, and the staff is dressed in thin medical pajamas with short sleeves.

Of course, such "temperature GOSTs" were created in an era when in most of the territory of the USSR and 30 degrees in summer was perceived almost as an emergency. And there was simply no special need to cool the dwellings. But now, when the heat is becoming practically Central Asian everywhere, the situation has changed. It is clear that the state cannot provide every citizen with a personal air conditioner. Probably, you should at least not interfere with those who can put it on their own? With parallel tight temperature control in the same offices.

Right, if SES in the summer period closes companies renting premises in historic buildings where it is forbidden to install air conditioners, the "fathers" of many cities will seriously think about the drop in revenues from rent. And also about whether it is worth further clinging to the absolutely illogical letter of the law, which equates the installation of air conditioners with the redevelopment of apartments.

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RULES FOR INSTALLING THE AIR CONDITIONER ON THE FACADE OF AN APARTMENT BUILDINGDownload photo 55.6 KB ">

To talk about permits, you need to know which city you are talking about. If this is a historical city with special architecture, for example, such as St. Petersburg, then permission must be obtained from the Committee for Urban Planning and Architecture. In other cities, you can get by with the State Housing Inspectorate. It all depends on the importance of the building in terms of architecture and history.

Prohibitions

There is a Resolution, which clearly states the prohibitions regarding the installation of air conditioning systems:

  • elements are not installed on the outside of buildings;

  • if the house is of cultural or historical value, then nothing should be hung even from the inside;

  • no blocks should hang over footpaths, as this is not safe;

  • if the walls have decorative design or architectural elements, then they also remain inviolable;

  • it is forbidden to carry out installation in window and door openings, if decorative fencing is not used.

  • That is why, when choosing a place for an air conditioner in an apartment, you should always have a couple of spare options. Indeed, if the length of the pipes is not enough, then you will have to choose another installation point. It is best to get advice from an architect at the very beginning and build on from it.

    How does the negotiation take place?

    If the apartment building is located in a residential area, and even in the courtyard, then there will be no special problems with obtaining a permit. It is quite another matter when the building is located in the historical part of the city. If the house has a special cultural or historical value, then you will need to additionally obtain an agreement from the KGIOP. In this organization, each case is considered individually, and how long it will take is difficult to say. When the owner of the air conditioner chooses a place on the facade, he is mainly guided by how easy it will be to get to the equipment, and how costly it will be to lay the route. And few people think about the house itself. But if it is important from an architectural point of view, then it will not be realistic to obtain permits. In order not to get into a mess, you need to contact the State Housing Inspectorate and get an architectural and planning assignment for the placement of additional equipment. Such paper is valid for exactly one year, after which the owner will have to renew it every 12 months. You should be prepared for the fact that the more historic the house is, the more you will have to run through the authorities to certify all the documents.

    A few words about the law

    "Ignorance of the law does not absolve from responsibility" - the golden rule of all representatives of the Law. The same goes for air conditioning installations. Whether it is an external unit of the system or a satellite dish, it is all an act of redesign. And just like that, no one will allow such actions to be done.

    Responsibility for violation is provided for by the Housing Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation (Article 7.21). The installation procedure is regulated by:

  • Resolution of February 8, 2005 No. 73-PP "On the procedure for reorganization and redevelopment of residential and non-residential premises in residential buildings";

  • Resolution No. 831 of September 25, 2005 "On Amendments and Additions to Resolution No. 73-PP";

  • Appendix No. 1 to Resolution No. 758 of November 2, 2004 "On the approval of standards for the operation of the housing stock" (Articles 3.5, 3.6 and 3.7).

  • These acts regulate all work in Moscow, but there are many similar documents for each city, which are easy to find on the official websites of city governments. If there is no project agreed with the city's GlavAPU, then the owner will be liable for illegal installation.

    It is also interesting that when a person buys an air conditioner, no one warns him that he will not just install the equipment. And the thing is that for unauthorized installation, legal responsibility is borne by the buyer, and not by the seller or the installer. In new buildings, there is often an information stand, where the procedure for obtaining permission is clearly and in detail. Also, this information can be obtained on the open spaces of the Runet. But, as practice shows, few people pay due attention to this issue, which is why they then have to bear responsibility for the violation.

    To avoid problems with installing air conditioners on the facade, you just need to contact the Housing Inspectorate for advice, where they will give detailed instructions on where and with what documents you need to apply.

    And what about the neighbors?

    Today it is no longer a novelty for anyone if the first floor will be occupied by a store, or even a super-market. On the one hand, it is very convenient when everything is at hand, but the walls in such houses are simply filled with various blocks and capacitors. In addition, it is not difficult to imagine what happens on the ground from constant drains. Modern legislation does not prohibit, but simply restricts the installation of such facilities. But shop owners must also obtain all the necessary permits that accompany the reconstruction of the building (Article 25 of the Housing Code). This means that a trip to the mayor's office cannot be avoided, where it is necessary to submit a project agreed with the sanitary norms and rules of Rospotrebnadzor, fire supervision, in the managing organization. But this does not mean that housemates can be bypassed. And all because the facade is common for everyone who lives in an apartment building. And as the Housing and Civil Code says - to dispose of property that is in shared ownership can be carried out only with the consent of all participants. That is, if the neighbors are against installing the air conditioner on the facade, then the store owner has no right to just install it. And this also applies to ordinary consumers.

    If one of the neighbors complains to the Construction Supervision Service or Housing Control Service about an external block that interferes with them, then these services can force them to dismantle the device. And if it turns out that there is no permission to install, then the proceedings will necessarily end with a fine. And if the permission is still there, then the neighbors can go to court. Also, the complaint may look like increased noise. Then a check from Rospotrebnadzor is invited, which, using special equipment, will measure the level of discomfort. If the noise is higher than the permissible norms of SNiP (2.1.2.2645-10), then the owners of the air conditioner will be forced to remove or reduce the noise. As you can see from all of the above, getting permission for editing is half the battle. It is also necessary that the neighbors are also satisfied. Therefore, it is worthwhile to prepare the cake in advance and go to establish contact.

Moscow "green winter", called summer in central Russia, sometimes heats up so that you can't do without an air conditioner. Some people heroically manage with a fan, but the majority still find money for a split system. Put it - sleep well in the hot stone jungle.

So far, few Muscovites take care of the legal paperwork for the installation of an air conditioner. Meanwhile, the state is inventing more and more legal acts regulating every household amateur activity. If the owner of the split system does not violate the rules (and does not have particularly nervous neighbors), then there will be no complaints, and therefore, a terrible and merciless, like a Russian riot, mechanism of official checks will not start, the consequences of which may be not only a fine, but also dismantling of the air conditioner.

What documents are required to install an air conditioner in a house?

1) Article 36 of the RF LC "considers" the facade of the house is considered common property. Even logic dictates that for the installation of a split-system unit on the wall of a building, the consent of the assembly of house owners is required.
2) To figure out whether it is necessary to make changes regarding the installation of the air conditioner in the registration certificate of the apartment, consult with the installers or with a specialist from the BTI.
3) Before installing the system, you need to visit your UK, because, for example, when installing a unit on the facade of a building, its permission is required.
4) Be aware that documents are needed only if the wall of a residential building is involved in the process or when the layout of the premises is changed.

What is the best way to install an external unit?

1) The block needs care and protection, for example, from icicles in winter, so it should be installed in a place with guaranteed access.

2) Installation on glazed balconies is undesirable, since in this case heat dissipation is difficult.
3) The air conditioner should not provoke neighbors to show aggression, i.e. increased noise and condensation flowing down to the lower balcony must be absent.
4) The unit should not overheat in the sun.
5) Do not install the air conditioner dangerously close to tree crowns, on the ground, where it can be flooded with water, covered with snow and dirty.
6) When arranging the condensate drain, make sure that water does not fall on the wall, balcony and windows of neighbors.
7) Make sure that the fastening structure of the unit is strong.
8) In the walls of new houses, niches are already provided for the external block of the air conditioner, which greatly simplifies installation.

How to install the indoor unit of the air conditioner correctly?

1) The flow of cold air must not be directed towards people.
2) The distance to the ceiling is at least 10 cm.
3) When installing the air conditioner above a cabinet (chest of drawers, etc.), provide a distance of at least 70-100 cm.
4) Do not hang blackout curtains in front of the air conditioner.
5) Install the split-system before finishing work to avoid the need to chisel the walls for fresh renovation.

When installing the air conditioner, you should know:

1) Be present personally during the installation of the split system in order to coordinate the issues that have arisen along the way.
2) Provide advance access to work sites.
3) Do not rush to sign the acceptance certificate before receiving the warranty card.

Installation of a split system at cultural heritage sites

In this case, a mandatory permit from the Criminal Code or the Ministry of Culture is required, but the likelihood of a positive decision is negligible.

If the neighbors have installed the air conditioner incorrectly?

1) Try to peacefully negotiate with the troublemaker
2) Apply to the Criminal Code for a prescription about violations in the installation of a split system and elimination of deficiencies.
3) Go to court.

Popular complaints about air conditioners:

1) Exceeding the permissible noise level
2) Damage to the view from the window, due to the installation of the block
3) The drain is not installed correctly, and the condensation will destroy the walls, dirty the glass on the windows, etc.)

Hello Igor!
By Decree of the Government of Moscow No. 85-PP, the installation of air conditioners was excluded from the text of the document, which determined the procedure for agreeing on redevelopment and, in particular, provided for the need to submit the project for approval by the Moscow Housing Inspection, Rospotrebnadzor, the Ministry of Emergencies, etc. keeping the licensing procedures only in relation to the installation of climatic equipment on the facades of cultural heritage sites.

That is, since 04/09/2011, the installation of air conditioners on the facades of buildings in Moscow has been carried out without approval; this does not require obtaining permits or preparing project documentation.

In accordance with the Decree of the Government of Moscow No. 651-PP On approval of the Moscow City Standard "Maintenance and repair of facades of buildings and structures"

2.10. In order to avoid the formation of mud streaks and rusty stains on the walls, the metal fastening parts (brackets for fire escapes and flag holders, gutters for drainpipes, etc.) should be placed with a slope from the walls. All elements fixed to the wall must be treated with anti-corrosion paint and varnish materials. Installation of air conditioners on the facades of buildings should be carried out in accordance with the design and estimate documentation in accordance with the requirements of clause 11.4 of SNiP 2.04.05-91, providing for organized condensate drainage. Installation of radio and television antennas without approved projects is also not allowed. For the installation of external technical equipment (air conditioners, antennas, etc.) on the facades of buildings, owners, owners, users, tenants, tenants of buildings, residential and non-residential premises must obtain approval in the prescribed manner.

According to SNiP 41-01-2003 "Heating, ventilation, air conditioning".

Drainage of water into the sewerage system should be provided for emptying equipment and heating systems, heating and cooling systems, and for draining condensate. Section 14.4. SNiP "Heating, ventilation, air conditioning"

That is, in Moscow, the rules for installing air conditioners are reduced to the requirement to comply with the rules for draining condensate, as well as (possible) coordination of such work with the owners of premises in an apartment building.

In accordance with Art. 36 LCD RF with

the owners of premises in an apartment building belong on the basis of the right of common shared ownership, including the enclosing load-bearing and non-load-bearing structures of the building. The owners of premises in an apartment building own, use and, within the limits established by this Code and civil legislation, dispose of common property in an apartment building.

In accordance with Art. 247 and Art. 290 of the Civil Code of the Russian Federation

the owners of apartments in an apartment building own the common premises of the house, the supporting structures of the house, on the basis of the right of common shared ownership.

the possession and use of property in shared ownership is carried out by agreement of all its participants, and if no agreement is reached, in the manner established by the court.

That is, the wall is a common property of the house.

According to
Articles 44 and 45 of the RF LC

General meeting of owners of premises in a multi-apartment
house is the governing body of an apartment building.

TO
competence of the general meeting of owners of premises in an apartment building
relate:

making decisions on the use of common property.

That is, you have the right to obtain the consent of homeowners for the installation of condos.

However, the courts consider it optional.

Since in the territory of the municipal district there is no special regulation of the procedure for installing air conditioners in residential premises, which provides for obtaining special permits for the installation of air conditioners, citizens have the right to install air conditioners in residential premises without special permission. The lack of consent of the general meeting of the owners of residential premises of the house for the installation of air conditioners is not a basis for satisfying the claim. At the same time, non-compliance with the rules for installing air conditioners, if any, cannot serve as a basis for satisfying the requirement to dismantle them, if the fact of violation of their rights has not been proven.

The demands to dismantle the air conditioners were denied.
The definition of the Judicial Collegium for Civil Cases of the Moscow Regional Court dated April 17, 2012 in case No. 33-7050 / 2012 states the following.
By virtue of the requirements of the Law of the Moscow Region of November 29, 2005 No. 249 / 2005-03 "On Ensuring Cleanliness and Order in the Territory of the Moscow Region", control over the work related to the installation of air conditioners, antennas and other external technical devices on the facades of buildings is under the jurisdiction of local governments.
At the time of consideration of the claims Martyanova G.N., Martyanova H.The. on the dismantling of air conditioners, on the territory of the Istra municipal district of the Moscow region there was no special regulation of the procedure for installing air conditioners in residential premises, providing for obtaining special permits for the installation of air conditioners.
The restriction on the territory of the Istra Municipal District of the Moscow Region was established only in relation to the architectural monument of the New Jerusalem Monastery of the 17th-18th centuries. in the city of Istra, Moscow Region (order of the Ministry of Culture of the Moscow Region of 15.05.2009 No. 182-P).
In such circumstances, the court reasonably indicated that since there is no special regulation of the procedure for installing air conditioners in residential premises on the territory of the Istra municipal district of the Moscow region, which provides for obtaining special permits for the installation of air conditioners, citizens have the right to install air conditioners in residential premises on the territory of the Istra district. without special permission.
The lack of consent of the general meeting of the owners of residential premises of the house for the installation of air conditioners is not a basis for satisfying the claim.
At the same time, non-compliance with the rules for installing air conditioners, if any, cannot serve as a basis for satisfying the requirement to dismantle them, since, within the meaning of Art. 304 of the Civil Code of the Russian Federation, the plaintiffs had to prove the violation of their right of owners, while the violation should not be presumed, but be of a real nature. Such evidence as required by Art. 56 of the Code of Civil Procedure of the Russian Federation was not presented by the plaintiffs.
Thus, the court also rightfully refused to satisfy the plaintiffs' claim to dismantle the air conditioners.

The following standards apply to the noise of the air conditioner:

According to clause 3.5. 8 Resolutions of the State Construction Committee of the Russian Federation of September 27, 2003 N 170
"On approval of the Rules and norms for the technical operation of the housing stock"

Housing maintenance organizations monitor the prevention of:
fastening to the walls of buildings of various stretch marks, pendants, signboards, signs (flagpoles and other devices), the installation of air conditioners and satellite dishes without a permit.
With proper installation, no structural element of the air conditioner should emit increased noise, vibrations, etc.

According to clause 3.6 and clause 6.4.1 SANPIN 2.1.2.1002-00 sanitary and epidemiological requirements for residential buildings and premises.
Sanitary and Epidemiological Rules and Regulations,
SANPIN 2.1.2.1002-00

The permissible levels of noise generated in the premises of buildings by ventilation systems and other engineering and technological equipment should be taken 5 dBA lower (correction minus (-) 5 dBA), indicated in table. 6.1.3.1.

That is, e If the noise level of the air conditioner does not exceed the permissible standards, then it can be approved for installation.

Courts do not
...

The claim to dismantle the air conditioner was denied, because The plaintiff, in support of the stated requirements, did not present evidence to the court of a violation of the rights and legitimate interests of the plaintiff as a result of the installation of an air conditioner on the facade of the building. At the same time, the defendant who placed the air conditioner on the facade of the building is the owner of one of the premises in this building. In addition, by the decision of the general meeting of owners, the defendant was allowed to install an air conditioner.

The court noted that on the territory of the Omsk region there are no legislative norms governing the procedure for obtaining a permit for the installation of air conditioners. In this regard, the arguments of the plaintiff about the defendant's violation of the law when installing the air conditioner are untenable.
The plaintiff went to court with a demand to dismantle the air conditioner. She pointed out that in a residential building on the ground floor there is a supermarket owned by the defendants. The plaintiff lives on the second floor. An air conditioner was installed on the wall of the first floor under the plaintiff's window without approval. Considers the actions of the defendants illegal, since the noise level of the air conditioner exceeds the standards for residential premises twice. In addition, this air conditioner is a playground for burglars.
By the decision of the Pervomaisky District Court of Omsk dated December 26, 2011 in case No. 2-3786 / 2011, the claim was rejected, the court concluded that the plaintiff's claim to dismantle the air conditioner was unreasonable and not subject to satisfaction on the following grounds.
According to the certificate of conformity (l.d. 87-88), this model of the air conditioner has passed the certification of GOST standard of Russia and meets the requirements of regulatory documents ...
The plaintiff did not present any evidence that the air conditioner produces noise, vibration, or serves as a source of electromagnetic and other physical interference.
In such circumstances, the court concludes that the plaintiff has not proved the fact of violation of her rights and legitimate interests and the fact of how the satisfaction of the claims will lead to the protection and restoration of his violated rights.

The arguments of the plaintiff that the fact of violation of her rights is confirmed by the order of the state body on violations committed during the installation of air conditioners are untenable on the following grounds.
Clause 3.5.8. The rules and norms for the technical operation of the housing stock, approved by the decree of the Gosstroy of the Russian Federation of September 27, 2003 No. 170, provides that the organizations for the maintenance of the housing stock monitor the prevention of, including attachment to the walls of buildings, various stretch marks, pendants, signboards, indicators (flagpoles and other devices), installation of air conditioners and satellite dishes without permission.
According to a letter drawn up by the Main Directorate of Housing Control, State Construction Supervision and State Expertise of the Omsk Region, addressed to K., during the examination of an apartment building, a violation of the Rules and Norms of Technical Operation was revealed, namely, the installation of air conditioners was allowed without a permit.
On the territory of the Omsk region, there are no legislative norms governing the procedure for obtaining a permit for the installation of air conditioners. In this regard, the arguments of the plaintiff about the defendant's violation of the law when installing the air conditioner are untenable.

xn - 90afdbaav0bd1afy6eub5d.xn - p1ai / bsr / case / 33546

The court concludes that there is no specialized procedure for the installation of air conditioners, obtaining any permission or approval for this on the territory of Ryazan. An air conditioner, like any electrical device, is classified as a household appliance by the population of the city. Household electrical appliances used by the population of the city are not included in the technical passports of residential and non-residential premises of the city, therefore, their installation does not require any permission from the local government.

In addition, in accordance with paragraph 4 of paragraph 17 of Art. 51 of the Urban Planning Code of the Russian Federation, a corresponding permit is not required if the change in capital construction objects does not affect the structural and other characteristics of the object's reliability and safety.

Installation of an air conditioner does not detract from the reliability and safety of the house and does not constitute a change in the architectural design of the facade of the house. The responders installed the air conditioner with the involvement of appropriate specialists, believing that the service for installing the air conditioner would be performed by specialists with all the necessary formalities.

By themselves, violations of building and sanitary standards, if they were allowed, are not grounds for satisfying a negative claim, unless the fact of violation of the rights of the plaintiff is established.

At the hearing, the defendants presented an agreement with the tenants of the house at<адрес>air conditioner installation Grevtsev A.P. on the facade of the house near the window of his apartment no. This agreement contains the signatures of the tenants of the apartment number of the above-named building, which is more than half of the total number of apartments in the said building.

Thus, the court was provided with information that the owners of the premises in the house expressed their consent to A.P. Grevtsev. for the installation of the above air conditioner.

As explained the plaintiff Morozova L.A. in support of her claims, the installed air conditioner works noisily, interfering with her rest, and also violates her right to use her property.

In accordance with Art. 56 of the Code of Civil Procedure of the RPF, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.

At the same time, the plaintiff did not present indisputable evidence of the violation of her rights by the unlawful actions of the defendants, namely, that the air conditioner installed on the outer wall is noisy, interferes with the access of light, interferes with the TV, that the condensate from the air conditioner enters the plaintiff's window, and also violates her right or creates obstacles in the use of the apartment belonging to her.

The plaintiff refused the proposal of the court to present additional evidence, conduct a forensic examination, about which her written statement is in the case file.

In such circumstances, there is not sufficient reason to impose on the defendants the obligation to dismantle the air conditioner. There are also no grounds for recovering compensation for non-pecuniary damage, since the fact of violation by the defendants of the plaintiff's personal non-property rights or encroachments on other intangible benefits belonging to the plaintiff has not been established.

www.gcourts.ru/case/8929343

That is, if the air conditioner was installed by a company licensed to install, there are all certificates for the products and the noise level is acceptable, then there are NO grounds for going to court. .

Thus, now you should collect all the documents for the air conditioner and hold a general meeting of the owners, as well as submit a legal opinion on the issue to your neighbors.


I can
provide a service for drawing up a notice, a legal opinion, and
advise on the successful solution of the issue.
Best regards F. Tamara

Thousands of new air conditioners appear on the facades of residential and public buildings in cities every year. The peak of demand falls on the first hot days of the year, because few people follow the well-known proverb that the cart must be prepared in winter. The purchase and installation is done in a matter of hours, and no one thinks about such a concept as a permit to install an air conditioner with rare exceptions. Meanwhile, this is a serious issue, which we will discuss in this article.

Legal requirements

It should be noted that restrictions on unauthorized installation of outdoor units of air conditioners on the facades of buildings are present in the legislative framework of all states of the former USSR. In theory, every citizen of a country is obliged to abide by its laws. Including requirements regarding the installation of climatic equipment or satellite dishes. In practice, people are not concerned with this, except for some law-abiding tenants of apartments. Let's try to figure out why this is happening.

If you study the legislative acts of the Russian Federation for whether you need permission to install an air conditioner in an apartment, then the answer will be - definitely yes. The Housing Code prescribes to issue it in local government bodies. To do this, it is necessary to complete the project documentation, which will indicate:

  • installation site of the outdoor module with justification;
  • technical characteristics of equipment;
  • consumed electric power;
  • fixing diagram of the apparatus;
  • electrical diagram of connection to the house network.

Note. A specialized organization that has the appropriate permits has the right to develop the project. Because from the point of view of legislation, the work on fastening the outdoor unit of the split-system to the load-bearing wall is an interference in the structure of the building.

Having in hand a finished project, as well as a package of documents certifying the ownership of the apartment and the air conditioner itself, a citizen applies to local authorities and after some time receives permission to install it on the facade of the house. In addition, in accordance with the Civil Code, it is necessary to arrange for installation approval with the rest of the owners of this apartment building. The easiest way to resolve the issue is at a general meeting of co-owners, but in practice this is difficult to implement.

Similar requirements of the letter of the law exist in other countries of the post-Soviet space, for example, in Belarus and Ukraine. The algorithm for framing the resolution is approximately the same, with different variations. Logically, the requirements of legislative acts are not devoid of meaning, since often the number of different blocks of climatic technology on the facades reaches the point of absurdity, as shown in the photo:

As it happens in practice

Important. You will not be given a document allowing you to install climatic equipment on the facades of a building that is an architectural monument. It is necessary to foresee such a turn and purchase an air conditioner without an outdoor unit, or install the latter on the roof of the building, attic space and other places where building codes allow it.

In principle, the legal way of registration does not seem so difficult, although it requires some financial costs, in particular, for the production of project documentation. Unfortunately, in practice, this path is truly thorny, and obtaining a permit for installation costs almost twice as much as the cost of the air conditioner itself.

The reason is known to every Russian or Ukrainian citizen - the desire of every official to receive illegal benefits from this. Accordingly, there are intermediary firms that promote your question for a certain amount, which is then handed over to the responsible persons. Refusing the services of such a company, you run the risk of obtaining a permit not earlier than in a year. That is why the overwhelming majority of citizens do not deal with its registration at all, installing a split - system at their own peril and risk.

By the way, in some small cities the issue can be solved more easily, as evidenced by the feedback from people on the forums. Sometimes, it is enough to contact the local authority with the documents for the unit and the corresponding application, as well as to pay for the services to a bank account (the amount is quite small). At the same time, the sample of permission for the installation of an air conditioner can be anything you like, because there is no single form of document. Often the form of permission for the installation of advertising structures is taken as a basis.

Advice. The legal way to install split - systems should not be swept aside. Before you install it without permission, make inquiries with the local government of your city. Perhaps the procedure will be very simple and quick.

If you have made an unambiguous decision to install the air conditioner without obtaining permits, then it is important not to provoke the filing of a statement of claim from any of the neighbors or the organization serving the house. To do this, it is recommended to visit the apartments in advance that are adjacent to yours from all sides in order to explain to the tenants the essence of the issue and to obtain from them a written agreement drawn up in any form. And in order to avoid conflicts in the future, when installing an external unit, you need to take into account the following points:

  • the unit should not make a lot of noise and disturb the peace of your neighbors;
  • you cannot put the air conditioner on a common loggia or next to other people's windows;
  • condensate drainage should be organized in such a way that water from the tube does not drum on the downstream metal canopies or window sills;
  • installation must be done carefully so that no cracks appear on the wall. Refrigerant lines should look tidy and not sway in the wind.

Failure to comply with these rules will lead to a violation of the rights of residents of the surrounding apartments, you risk getting sued and again returning to the original situation when permission is required. Only on top of that you will have to pay a fine, and in extreme cases, dismantle the air conditioner.

Conclusion

In this article, we are by no means encouraging homeowners to illegally install split systems. On the contrary, before installation, it is proposed to study the situation with the registration of a permit and make every effort to obtain it. Unauthorized attitudes always contain a fraction of the risk of being sued with negative consequences.

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