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Decision of the Constitutional Court of Ukraine on the Rights of the auxiliary facilities

  2011-12-01 16:49:11

The Constitutional Court of Ukraine in a decision dated November 9, 2011 once again interpreted the provisions of paragraph 2 of Article 10 of the Law of Ukraine «About privatization of state housing fund», namely, that the owners of apartments binary- or multi-family housing and housing facilities in the hostel, regardless of grounds the acquisition of ownership of such apartment, living room, are the co-owners of auxiliary facilities at home or hostel, technical equipment, exterior arrangement.

In this decision the point is about the owners of flats and housing facilities in the hostel. Under the «owners» should be understood as those who already have a title document at the apartment, as well as those who are only registered in an apartment or hostel. This, in particular, follows from the decision of the Constitutional Court of Ukraine dated March 2, 2004, which interprets that in apartment buildings, where not all apartments are privatized or fully privatized, the owners of privatized apartments (their successors) and owners of privatized apartments apartment block are equal co-owners of auxiliary facilities. They are equal in a right to possess, use and dispose of auxiliary facilities. None of the property owner has the priority right to use and dispose of those premises.