Permission to hang air conditioner. Permission to install an air conditioner on the facade of a building - do I need to get it? When is an installation permit required?

Do I need approval and permission to install an air conditioner on the facade of the house?

Judicial practice of courts of general jurisdiction on the issue of "do I need permission to install an air conditioner", at first glance, does not differ in uniformity. When considering one case, the court decision indicates that the installation of an air conditioner requires the consent of the owners and authorities, while considering another case, the court indicates that such approvals and permits are not required by law.
Are there any rules for installing an air conditioner, a law regulating this problem, with whom to coordinate, etc. - these questions are not always asked by citizens and organizations wishing to install an air conditioner on the facade of a residential building. Sometimes the consequence of such frivolity is a court decision to dismantle an already installed air conditioner.

Consider two positions on this topic.

1. Permission to install an air conditioner on the facade of the building must be obtained in any case.

Supporters of this point of view give the following arguments.
The facade of the building, as the enclosing load-bearing structure of the house, is common property in an apartment building (clause 1, article 36 of the Housing Code of the Russian Federation, article 244 of the Civil Code of the Russian Federation, clause 2 of Decree of the Government of the Russian Federation of August 13, 2006 N 491 "On approval of the Rules for maintaining common property in an apartment building home."
According to Art. 246 of the Civil Code of the Russian Federation, the disposal of property in shared ownership is carried out by agreement of all its participants.
Some courts in their decisions, as well as the authors of the comments, indicate that “in law enforcement practice, the installation of an air conditioner is regarded as a re-equipment (re-arrangement) of a room and even as a reconstruction of a building (clause 1, article 25 of the Housing Code of the Russian Federation, clause 14, article 1 of the Town Planning Code of the Russian Federation) .
Gosstroy of the Russian Federation in paragraph 3.5.8 of the Decree of 27.09.2003 N 170 "On approval of the Rules and norms for the technical operation of the housing stock" Resolution of the Gosstroy of the Russian Federation of 27.09.2003. No. 170 indicated the following: "Housing maintenance organizations monitor the prevention of attaching various stretch marks, suspensions, signboards, signs (flagpoles and other devices) to the walls of buildings, installing air conditioners and satellite dishes without appropriate permission."
As stated in Article 44 of the Housing Code of the Russian Federation, decisions on reconstruction and repair, as well as on the transfer for use of common property in an apartment building, are made by the general meeting of owners of premises in an apartment building.
From the above rules of law, we can conclude that in order to install an air conditioner, it is necessary to obtain permits not only from the authorized local government, but also from the owners of the premises of an apartment building.
This position means in practice the following.
To obtain permission from the local government to install an air conditioner on the facade of a building, it is necessary to develop a project for installing an air conditioner, coordinate the project for compliance with sanitary standards and rules in Rospotrebnadzor, in the managing organization, in the authorities responsible for the compliance of the appearance of the facade of the building after installing the air conditioner with accepted standards and others.
In addition, a citizen who wants to install an air conditioner must initiate a general meeting of the owners of the premises of the house, at which the majority must approve the installation of the air conditioner. It is clear that in houses with several hundred apartments, this is extremely problematic.
Thus, to install a small air conditioner that does not bother anyone, a citizen will have to spend several weeks, or even months. By this time, the hot summer will probably already be over.

2. Second position: as a general rule, permission is not required to install an air conditioner on the facade of a building.

In our opinion, this position is more fair and justified.
1) Paragraph 3.5.8 above. Decrees of the Gosstroy of the Russian Federation of September 27, 2003 N 170 which states that it is inadmissible to install air conditioners without an appropriate permit, does not mention what kind of permission it is: the permission of the owners of the premises of the house or the permission of the local government. But, based on the fact that the issues of using, owning and disposing of common property in shared ownership are regulated by the norms of the Housing Code of the Russian Federation and the Civil Code of the Russian Federation, taking into account that the Decree of the Gosstroy of the Russian Federation of September 27, 2003 N 170 is an act of public, and not private law, we can conclude that in paragraph 3.5.8. The resolution refers to the need to obtain permission from the authorized authority.
The norms of federal laws, by-laws do not contain a direct indication of the need to obtain permission to install an air conditioner. At the same time, it must be taken into account that housing legislation is under the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation (regions). The subject of the Federation has the right to adopt a law regulating the installation of both air conditioners and other equipment on the facades of buildings, prescribe the procedure for obtaining permits and approvals, name the authorities authorized to coordinate the installation of an air conditioner.
It follows from judicial practice that not all regions have adopted such a normative act. A similar regulation was adopted, for example, in St. Petersburg, until recently it also existed in Moscow, but since 2011 it has been canceled.
Thus, before installing an air conditioner, you should ask if there is a regulation in your region, territory, republic that regulates the procedure for obtaining permits for installing equipment on a building. If there is no such act, we believe that the authorities have no grounds for issuing any kind of permit. In order to verify this, you can contact the administration of the municipality with a request to clarify the procedure for installing an air conditioner on the facade of the building.
In addition, we should not forget that if your house is an object of cultural heritage, then in any case you will have to obtain permission to install an air conditioner, antenna, cables, or any other equipment on the supporting structure of the building.

2) Air conditioner installation - re-equipment (re-equipment)?

According to article 25 of the Housing Code of the Russian Federation, the reorganization of a dwelling is the installation, replacement or transfer of engineering networks, sanitary, electrical or other equipment, requiring amendments to the technical passport of the residential premises .
There are industrial, semi-industrial and domestic air conditioners. The installation of industrial air conditioners may require the reorganization of the premises, which will entail the need to make changes to the technical passport of the premises, or even the reconstruction of the building. In this case, permits are indispensable.
However, as practice shows, the installation of an air conditioner (domestic or semi-industrial) is not always qualified by the courts as a reconstruction, re-planning or re-equipment of the premises. This means that permission from the authorities is not required for installation.

3) Is a decision of the general meeting of owners required to install an air conditioner?

As court practice shows, the absence of the consent of the owners of the premises of the house to install an air conditioner, as a basis for satisfying the requirements for dismantling the air conditioner, the court cites as an additional argument if the already installed air conditioner violates the rights of other owners of the premises. As a rule, such violations of the rights of citizens are expressed in the following:
- the air conditioner of the neighbors makes a loud noise, buzzes, vibrates, which disturbs the peace of citizens (usually neighbors);
- the air conditioner is installed on the balcony, loggia of the plaintiffs or on the outer wall of the building directly at the window of the citizens' apartment in the perimeter of their living quarters - partially blocks the view, the view from the window, during rain drops from the installed air conditioner fall into the window of the apartment;
- the drain pipe of the air conditioner is installed in such a way that condensate flows onto the windows of apartments belonging to other citizens, which leads to the destruction of the wall of the residential building.
- other violations, including those committed during the installation of the air conditioner (the formation of cracks on the facade of the building, non-compliance with fire safety measures that create a threat of fire, short circuit, etc.)
It is worth noting that there are also judicial acts where the requirements for the dismantling of the air conditioner are satisfied on the basis of the norms given above in position No. 1. We believe that a formal approach to resolving this type of dispute is not correct and reasonable. In our opinion, the requirements for the obligation to dismantle the air conditioner can be satisfied only if the plaintiff proves that his right has been violated. At the same time, the argument that the wall is the common property of the owners of the premises, and therefore, in all cases, the consent of the owners is necessary for its use, is subject to rejection on the grounds that the person who installed the air conditioner is also the owner of the premises and the co-owner of a share in the right to common property and if this owner does not create obstacles to the exercise of the right of use and possession of other owners of the premises, does not violate their rights to favorable and safe living conditions, then there is no violated right subject to judicial protection.

However, the following should be noted. The owners of the premises of an apartment building have the right to make decisions on the procedure for using the common property of the house. The owners of the premises are not deprived of the right to make a decision, for example, on the procedure for installing air conditioners, antennas and other equipment on the facade of a residential building. Also, the owners have the right to state that the air conditioners already placed on the supporting structures of the house violate the rights of citizens and are subject to dismantling, which should be reflected in the minutes of the general meeting of owners. Recall that the decision of the general meeting of owners (adopted by a majority of votes and in the presence of a quorum) is mandatory for all owners of the premises of this residential building. It seems that in this case the owner of the air conditioner is obliged to comply with the decision of the general meeting, or appeal against this decision in court. If the owner refuses to dismantle the air conditioner, the owners have the right to apply to the court with a demand to remove obstacles to use (Article 304 of the Civil Code of the Russian Federation), i.e. on the obligation of the defendant to dismantle the installed equipment.


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

Legislative requirements

It should be noted that restrictions on the 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. Theoretically, every citizen of a country is obliged to comply with its laws. Including requirements regarding the installation of climate control equipment or satellite dishes. In practice, people do not care about this, except perhaps some law-abiding apartment residents. Let's try to figure out why this is happening.

If you study the legislative acts of the Russian Federation on the subject of whether permission is needed to install an air conditioner in an apartment, then the answer will be - definitely yes. The Housing Code prescribes to issue such in local governments. To do this, you must complete the project documentation, which will indicate:

  • installation location of the outdoor module with justification;
  • technical characteristics of the equipment;
  • consumed electric power;
  • device mounting scheme;
  • wiring diagram for connecting to the house network.

Note. The development of the project has the right to be engaged in a specialized organization that has the appropriate permits. Because from the point of view of the legislation, the work on fixing the outdoor unit of the split system to the load-bearing wall is an interference in the building structure.

Having a ready-made project in hand, as well as a package of documents certifying ownership of the apartment and the air conditioner itself, a citizen applies to self-government bodies and after some time receives permission to install on the facade of the house. In addition, in accordance with the Civil Code, it is necessary to issue an approval for installation 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 issuing a permit is approximately the same, with various variations. If we think logically, then the requirements of legislative acts are not without meaning, since often the number of different blocks of climate technology on the facades reaches the point of absurdity, as shown in the photo:

How it happens in practice

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

In principle, the legal way of registration does not look so difficult, although it requires some financial costs, in particular, for the preparation of project documentation. Unfortunately, in practice, this path is truly thorny, and obtaining permission to install 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, firms arise - intermediaries that promote your issue for a certain amount, which is then transferred to the hands of responsible persons. By refusing the services of such a company, you run the risk of obtaining a permit document no earlier than a year later. That is why the vast majority of citizens do not deal with its design at all, installing a split system at their own peril and risk.

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

Advice. The legal way to install a split system should not be dismissed immediately. Before you mount it on your own, make inquiries with the local authorities of your city. Perhaps the procedure will be very simple and fast.

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

  • the unit should not make much noise and disturb the peace of your neighbors;
  • you can not 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 pipe does not drum on the lower metal peaks or window sills;
  • installation must be carried out carefully so that cracks do not appear on the wall. The refrigerant lines should look neat and not dangle in the wind.

Failure to follow these rules will violate the rights of the residents of the surrounding apartments, you risk falling under a lawsuit 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 - to dismantle the air conditioner.

Conclusion

In our article, we in no way encourage homeowners to illegally install split systems. On the contrary, before installation, it is proposed to study the situation with the issuance of a permit and make every effort to obtain it. Unauthorized installation always contains a certain amount of risk of falling under legal proceedings with negative consequences.

What is the difference between an air conditioner and a split system How to install the air conditioner in the apartment How to turn on the air conditioner for heating

Installation of air conditioners on the facade of the building is carried out everywhere, greatly changing the appearance of buildings. At the same time, many owners do not know that there are legislative acts that determine the rules for placing air conditioners on facades.

Prohibitions on the placement of air conditioners

For example, in St. Petersburg, it is necessary to obtain permission to install an air conditioner on the facade with the Committee for Urban Planning and Architecture. In the Government Decree, it is forbidden to mount outdoor elements of air conditioners:

  • on the front facades of buildings;
  • on the facades of buildings inside the courtyard, if they are of cultural or historical value;
  • above the paths for pedestrians;
  • on walls with decorative processing, elements of architecture;
  • in the openings of windows or doors without the use of decorative fences.

When choosing a place to install an air conditioner on the facade of a house, you should consult with an architect and find out if you need permission to install an air conditioner.

Coordination of the air conditioner on the facade

The easiest way is to get permission to install an air conditioner on the facade of a residential apartment building located in the yard, here the regulations are not so strict.

And it is very difficult to determine the place and coordinate the installation on the front facades in the historical parts of the cities. If the building has historical and cultural value, it is necessary to obtain additional permission from the KGIOP. Such cases are considered individually.

Often, when choosing a location for placing an air conditioner on the facade, the owners are guided only by technical interests: ease of access, ease of laying the route. However, if architectural features are not taken into account, no permits will be obtained.

Therefore, you should first agree on the installation and only after that carry out installation work.

Permission to install on the facade of the house is called the Task for the placement of additional facade equipment.

It is valid for 12 months, after which it needs to be renewed once a year. The Architectural and Planning Assignment must also be used as a permit.

Installing an air conditioner on a ventilated facade

The owners of buildings with ventilated facades on the main streets face two problems: obtaining permission to install air conditioning on the facade of the building and installation techniques.

We have already talked about obtaining permission. As for installation, it has certain technological subtleties and order. Therefore, only firms specializing in such work can be trusted with the installation of an air conditioner on a ventilated facade.

Illiterate installers can not only spoil the appearance of the building, but also disrupt the insulation of the facade. The cost of installing an air conditioner on a ventilated facade will be somewhat more expensive than usual.

A good owner knows: the sleigh must be prepared in the summer. And it is better to prepare for the installation of air conditioning in winter. Moreover, in some cases, this will require not only the required amount, but also permission.

Are there rules for air conditioners and what are they?

There are no uniform rules for installing air conditioners in residential buildings that would operate throughout the country. Some lawyers refer to the Housing Code of the Russian Federation, according to which the facade of an apartment building is the common property of all homeowners. According to some experts, this means that the installation of an outdoor unit of an air conditioner on the facade requires the written consent of all homeowners in the house, as well as permission from the local government.

However, such rules are not directly prescribed in the legislation and are almost never applied in practice.

Each subject of the Russian Federation has its own rules, which can vary significantly and change over time.

Until recently, in Moscow, it was necessary to develop a project, coordinate it with the Moscow Committee for Architecture, and then obtain permission to carry out work in the Moscow Housing Inspection. The paperwork could take three months or more. But during the heat wave of 2010, the city authorities were faced with a flood of complaints about bureaucratic procedures, and in 2011 restrictions on the installation of air conditioners were lifted.

The only exceptions are buildings included in the list of cultural heritage sites. For them, there is a special procedure for installing air conditioners: usually, permission can only be obtained if the windows of the apartment overlook the courtyard.

Thus, most residents of the capital do not need to obtain any special permits to install an air conditioner. However, some regulations still need to be observed.

Several norms and rules are spelled out in SNiPs. The first and basic rule: you can not hang the outdoor unit of the air conditioner closer than half a meter from the gas pipe. Another recommendation is to place the blocks away from neighboring apartments, since the air conditioner is noisy, and this should not disturb other residents.

Yuri Rozhin

Deputy General Director of KASKAD Service

Who monitors the facades, and how can they be punished?

The State Administrative and Technical Inspectorate, whose specialists are authorized to issue fines to violators, should check the correctness of the installation of air conditioners.

“If the owner of the apartment installed the outdoor unit of the air conditioner with violations and evades paying fines, the court can force him to do it forcibly. But in practice, it rarely comes to this,” Rustam Arslanov, Director of the Sales Department at Granel Group of Companies, explains.

In addition, the presence of air conditioners on the facade is monitored by management companies and homeowners associations. If the owner installed the air conditioner incorrectly, the management company issues an order to dismantle or relocate the air conditioner. “Such an order has no legal force, but if it is ignored, the management company may go to court,” says Sergey Ilyasaev, CEO of Rezidential Group. “After the claim is satisfied, the air conditioner can be dismantled, and the owner is obliged to restore the damaged facade.”

Buyers of new buildings need not worry

However, the majority of buyers of apartments in the capital's new buildings will no longer have to face the problem of placing air conditioners. In 2016, Moscow officially abandoned the construction of obsolete panel houses. Among the mandatory requirements for new projects is the presence of special boxes on the facade or balconies that hide air conditioners.

Each region has its own rules

At the same time, in most regions, installing air conditioning on the facade is by no means so simple, and everywhere there are their own rules. For example, residents of St. Petersburg need to obtain permission from the Committee for Urban Planning and Architecture, in the Moscow region it is necessary to agree on a sketch for placing an air conditioner in a management company, and in Kazan it is generally prohibited to install air conditioners on facades. Therefore, before buying climate equipment, it is better to clarify what rules the local administration has developed in this regard.

Previously, to install equipment on the facade of a building in Moscow, it was necessary to go through a painful procedure to coordinate this issue with the Moscow Committee for Architecture. Coordination of the air conditioner installation is no longer required, but the device must comply with the technical requirements and SNiPs. Previously, the authorities motivated the ban on unauthorized installation of split systems on the facades of multi-storey buildings by the fact that the structures disfigure the appearance of the city.

For the legal installation of the air conditioner, you must obtain the necessary documents

Changing the rules

From March 21, 2011, it is no longer necessary to take permission to install an air conditioner in Moscow. But this does not mean that the external unit of the split system can be displayed in any area of ​​​​the facade. When installing air conditioning equipment, any user must understand that it can significantly worsen the quality of life of neighbors: for some, the system will block sunlight, for some, it will not be possible to sleep with an open window due to the noise emitted by the structure, and for some, even condensate from the tube will drain onto the window sill.

The first step towards simplifying the coordination of redevelopment actions was adopted by legislative act 85-PP, which introduces mitigating provisions into the rules for mounting air conditioning equipment on the facades of buildings that are the cultural heritage of the Motherland. The installation of split systems is excluded from the prescribed texts of the documentation that determines the order of redevelopment approval, and specifically, provides for the provision of design for confirmation by the Moscow Housing Inspection, Rospotrebnadzor, the Ministry of Emergencies, etc.

From 04/09/2011, Muscovites do not need to take permission to install an air conditioner. But this bill does not apply to buildings that are architectural heritage. The current procedure for installing a split system in an apartment has found assurance in the legislative act of October 25, 2011 508-PP, which defines new provisions regarding the approval of redevelopment of living space.

In Moscow, there are other rules that must be taken into account when installing split systems. Despite the law adopted in Moscow on the abolition of the need for permission to install an air conditioner, in many regions there is a law prohibiting unauthorized installation of split systems on the facades of buildings.

The Importance of Permission

Although according to the law it turns out that the installation of a split system in your own apartment on a loggia / balcony is an elementary redevelopment that does not need to be coordinated, there are several nuances. The main problem is dissatisfied neighbors. If your split system interferes with your neighbors, they have every right to sue you and force you to dismantle the air conditioner. The second problem is the law on common ownership of living space.

Residents of the MKD are co-owners of the facade. Accordingly, if someone wants to install a split system on the facade, he needs to obtain permission from the tenants for air conditioning in writing.

There is another legislative act concerning Moscow - "Maintenance and repair of facades." This act contains a clause on the installation of air conditioners on facades with a mandatory requirement for the organization of condensate drainage. According to this paragraph, the drainage of water into the sewer must be organized for:

  • all equipment;
  • heating systems;
  • heat and cold supply;
  • condensate drain.

To understand whether a permit is needed to install an air conditioner, a person needs to have a good knowledge of the provisions of legislative protocols. These include:

  1. Civil and Housing Code of Russia;
  2. rules for the ownership of common property;
  3. sanitary standards.

Those wishing to install an air conditioner must be familiar with the housing code of Russia

Technical nuances

A permit for the installation of an air conditioner will not be required if all work is carried out in accordance with the regulations of legislative acts, and the split system meets all requirements. If your installation does not interfere with anyone, then in most cases, even in the absence of permission from the tenants, you will not have problems.

It is necessary to clearly define the localization of the split system, its external unit, because the internal one will be located in your apartment, and it will not concern anyone how and where it is installed. An ideal place for an outdoor unit is an unglazed loggia / balcony. Here he will not interfere with anyone, you will not need permission even from neighbors. Troubles can appear only if the balcony is glazed. The structure will overheat due to lack of air, which will cause a quick breakdown.

If we are talking about the facade, which is the cultural heritage of the country, then it is unlikely that it will be possible to coordinate the installation of an air conditioner on the front facade.

Violation of the law and the destruction of a historical monument of architecture is not a way out. For such cases, there are split systems without an external module. In addition, you can fix the air conditioner on the roof, if you are a tenant of the last floor, or install it in the window. You will have to look for an individual solution to the problem.

Another important point is the actual installation. If you still decide to install an air conditioner on the facade of the building, it is better to contact a company that provides services for the installation of split systems, which has experience in working with legislation. Volunteer teams of workers have no idea about the documents allowing to mount the air conditioner in one place or another.

Features of industrial equipment

The need to obtain approval will be justified by the technical characteristics of the equipment. Air conditioners, depending on this criterion, are divided into the following types:

  • household;
  • industrial;
  • semi-industrial.

To supply an industrial or semi-industrial unit, redevelopment will be required, which requires an estimate with a complete project included in the building's registration certificate.

Final part

Approval for the installation of air conditioning is required. But the procedure for obtaining it for individuals is simplified. They only need approval from the tenants of the MKD. If you decide to install a split system on a balcony / loggia, you will not need any documents. In this place, air conditioning does not hurt anyone at all. The main rule when installing the unit will be the correct discharge of condensate into the sewer system.

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