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According to D. Valulis, an apartment house, as you know, consists not only of its separate parts – apartments, but also of common household objects, such as common house constructions, engineering systems, common areas and other parts. of the house and the ground under the house. Unlike apartments, shared facilities belong to all residents of an apartment building together.
According to D. Valulis, to carry out any work related to the management and use of these objects, the consent of the apartment owners is required in accordance with the provisions of the Civil Code of the Republic of Lithuania.
“Such works include both the reconstruction, repair or other improvement of these objects. However, in practice, when residents need to improve their living conditions, it may not be clear whether the consent of apartment owners and other premises in an apartment building is required for such works to take place. Often those natures start out without even caring about obtaining such consents. Later, this generates conflicts with the neighbors of the house, who many times do not agree with the realization of these works, simply because they were carried out without their consent, “he said.
To avoid such disagreements, D.Valiulis points out the most common cases of multi-apartment house improvement, which require the consent of the majority (i.e. 50 percent + 1 vote) of apartment owners and other premises in apartment buildings. multiple apartments.
The general principle of when such consent is required can be defined as follows: as long as the work is carried out inside the apartment and its result is not visible outside the apartment building or does not affect the structures in common use, it is little likely the consent of other owners.
“In the following cases, consents will be required and the corresponding work license must be obtained in accordance with the procedure established by legal acts. However, said permit will not be issued without the consent of the owners of the aforementioned apartments, so it is worth obtaining them in advance, ”he warned.
Balcony glazing
D.Valiulis cautions that probably the most common example of neglecting necessary landlord consents is apartment building balcony and loggia glazing. Many do not even realize that glazing a balcony can violate legal requirements.
According to current construction legislation, these works are classified as works that modify the appearance of the building. Therefore, if you intend to glaze a balcony or loggia, then you need to get the owners of the apartments and other premises in the apartment building. consent to perform such work. Also, with exceptions, a building permit is required to do so.
Window replacement in some cases
Also, consent and change of windows is sometimes required. D.Valulis distinguishes two cases from two cases. If you just want to change the windows without changing their shape (for example, without enlarging / reducing the window opening), you will not need the consent of the apartment owners and other premises in the apartment, if the house is not a cultural asset or cultural heritage.
However, if you intend to change the dimensions or shape of the window opening (for example, if you want to install a round frame instead of a square window or lay out an existing window opening), or if you want to change the windows in a heritage house The consent of the other property owners will be required for such window changes.
Also, the consent of apartment owners and other premises in an apartment building will be required in case you want to install a skylight on the roof of an apartment building. Thus, in many cases, the installation of a new window in your home includes not only finding the manufacturer and installer, but also obtaining the consent of the owners of apartments and other premises in the apartment building and permits from state authorities to perform said work ”, he explained.
Fastening various equipment, engineering systems or structures to the facade of a building
According to D.Valiulis, the external walls of the house are assigned to the general constructions of the house, which belong to all the owners of the house. Therefore, if you are going to install an air conditioner, you should get other apartment owners and other premises in the apartment building to install it outside the apartment building. majority approval. It is also necessary to obtain a building permit.
“The requirement to obtain the approval of the owners of apartments and other premises in multi-apartment buildings to install certain equipment outside the building is not exclusive only in relation to air conditioners. Such a requirement is likely to apply to the exterior wall of an apartment building for the installation of other objects, e.g. Eg a satellite television antenna, other equipment or structures that change the appearance of the building ”, he said.
Adequacy of the apartment to carry out certain activities
Also, in apartment buildings, you can often see hairdressers, small shops and other service businesses located in the ground floor apartments. Such installation is not possible without changes in the appearance of the apartment building and other objects of common use (separate entrance from the outside, stairs, etc.), which were not provided during the construction of the apartment building. For such adaptation works, the owners of that department must obtain not only the permits related to the respective type of business, but also the consent of the owners of the apartments and other premises of the apartment building to carry out said adaptation works.
“Thus, after obtaining the consent of the co-owners in the aforementioned cases, the next obligatory action is to take over the corresponding construction permit,” summarized D. Valulis.
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