|The mess in the sphere of municipal property and town-planning norms accepts more and more freakish and exotic forms in Kiev. So, inhabitants of the house No. 152 (case 1) on Harkovskoye Highway are compelled to fight today against establishment at themselves on a roof of roaring and roaring ventilating installations of the next parking - thus that owners of the last have no rights to dispose of property of the building not belonging to them.|
The sad story of the house No. 152 began with that moment as SBU - the customer of construction of three skyscrapers (according to the project - a uniform housing complex), transferred the majority of apartments in one of houses (case 2) of the "Chernigov Plant of Construction Materials" company. Practice when the couple of generals of one department gives to the "investor" building departmental housing, its lion's part - as a rule, more than 80% of apartments - in itself is rather doubtful, but this history about other. In a case with the house on Harkovskoye Highway to the investor presented also a separate underground parking.
When a complex only built, to inhabitants of the neighboring houses promised: the parking will be hidden under the earth, and in the yard, over it, noble builders will put sports and children's platforms, will break the square... Anything it it wasn't made - opposite, the parking began to grow in height and turned in two-storeyed, having occupied with itself all yard.
According to the original version of the project, its ventilating installations had to be established on the highest, 27-floor building of a new housing estate - the case 2. But the investor, "The Chernigov plant of construction materials", whether didn't wish to spoil appeal to buyers of apartments on the top floors in "the" house, whether decided that contrary to the project and sanitary standards will be to establish all ventilating installations on lower case 1 cheaper - apartments from it are sold already out. One trouble - the case 1 this company can't dispose in any way. But she disposed of it.
The house No. 152 representing in fact three certain buildings under one address, is served by three operating organizations. The case 1 - zheky - 203, submitting to Darnitsky district administration, the case 2 - JSC Vitriks Komfort and the case 3 - JSC Zhitlokomfort.
Here the Vitriks Comfort company also put on the case 1 which it formally doesn't operate, extracts for a parking.The parking yet didn't earn on full, but inhabitants of the case 1 even at trial start-up of ventilation understood that life of many of them becomes intolerable - noise in many apartments on the top floors at start of units costs simply terrible, vibration forces to dance ware on the shelves, some residents report about emergence of cracks in walls. Assemblers, of course, any documentation and permissions to installation of cars didn't show to inhabitants of the house.
It would seem, the situation is so obvious that supervisory authorities have to put immediately an end to an arbitrariness of the builders who have solved bypassing the save project.
But the regional authorities regularly demanding to attention during elections and showing in words an active position during a time of seasonal aggravations of a political situation, in concrete affairs suddenly become surprisingly sluggish and defenseless.
S. Vitkovsky, the deputy head of Darnitsky district administration, admits the formal reply, as would like, but anything can't do: "Darnitskaya regional in Kiev public administration isn't allocated with controlling functions concerning carrying out checks of execution of installation works regarding compliance to their construction and sanitary standards".
That these works are carried out by business owners in the house which is operated by regional municipal services, the high-ranking official doesn't remember - probably, isn't allocated with the corresponding function.
And meanwhile the deputy head of the area either is incompetent, or pretends to be that. Because it agrees
Art. 15 of the Housing code of Ukraine control of a state and operation of departmental housing stock is assigned to district administrations, and examination of a condition of houses is conducted according to norms inzhenerno - technical workers with the assistance of representatives of the public.
In general on a simple question of inhabitants of the ill-fated house: Whether "There is approved documentation on construction of ventilating system", the majority of officials prefer to shrug shoulders - aren't authorized to know supposedly.
The chief of the head capital department of town planning, architecture and design of an urban environment Vasily Prisyazhnyuk also doesn't see the reasons to watch observance of norms of town planning and architecture in this concrete case:"The question about violations of the projector decision and discrepancy of design decisions to the state regulatory base is within the competence of Inspection state architecturally - construction control".
Formal replies of those organizations which have no right to pretend that they "at anything" in this conflict, strike with resourcefulness: officials are simply played with figures. So, though inhabitants of the case No. 1 complain that on their house establish unforeseen ventilating installations, the deputy chief of city inspection state architecturally - construction control M. Ukrainets answers that "house construction at the corner of Harkovskoye Highway and Trostyanetskaya St. (case 2) with a parking on the 243rd car - places is approved by the order of Desnyansky district administration of 29.12.2006 No. 1571". Though ask the official about legitimacy of work on a case No. 1 roof, he answers that everything is good, it is possible to build - on the case No. 2. And that it wasn't written any more by tiresome inhabitants of Kiev, adds: "Questions of operation of a parking.. aren't within the competence of Inspection state architecturally - construction control in Kiev, and decide the operating organization".
It is necessary to explain only that construction of ventilating networks for removal of exhaust gases from five hundred car don't treat in any way only object "operation" especially as pipes through which these exhausts will be taken away, are only in several meters from windows of inhabited apartments!
Very few experts agree to carry out a real inspection of a state of affairs on places. Here that results of inspection of noise from systems of ventilation sanstantsiy the cities (the protocol No. 181 of 01.08.08) testify: "Noise level from operation of the above fans in apartments of the house make: in the apartment No. 76 - 36-37dba, in the apartment No. 72 - 36-38 dBA, in the apartment No. 167 - 37дБА that exceeds admissible on CH 3077-84 standard value for day time".
All this history can seem a special case of fight of ordinary inhabitants of Kiev with a lawlessness of builders and power inaction which sometimes are difficult for separating from each other. But in this case there is one nuance which can serve as the evidence of emergence of the new legal scheme for creation of "pocket", operated municipal structures.It is known how don't love the power AOAH (association of owners of apartment houses) - bodies which have the legal right for management, the contents and use of the general property of all residents of the house. But in this case the deputy head of Darnitsky district administration S. Vitkovsky in the letter almost doesn't ask complaining inhabitants to create such structure. However, according to its version, the case No. 1, though is a separate skyscraper, according to papers it is considered the integral component of a housing complex from three buildings. Three buildings and separate underground parking. Therefore owners of places in an underground parking also are owners of the house, its networks, service premises and t. д!
You understand to what can lead creation of such "parked" OSMD? The management of OSMD solves how to dispose of utility payments how to operate the general property etc. It means that the owner of a place for the car near your house will be able to solve, whether is more preferable to direct more money from your rent on protection and the maintenance of a parking, than on garbage removal - if, of course, someone will think up to unite these objects in a "indivisible" complex. And such "indivisible complexes", as you can see, are thought already up.