You no longer need permission or approval to install an air conditioner in Moscow! Moscow Mayor S.S. Sobyanin changed the rules

Under Luzhkov, it was regulated by special approval. Permission to install air conditioning in Moscow was required until recently and was introduced by Luzhkov. A person who wanted to install an air conditioner had to spend up to 6 months of time and up to 100,000 rubles to obtain a pile of pieces of paper that gave him the right to breathe cool air!

However, we are happy to please you that this bureaucratic barrier has finally been abolished by Moscow government decree No. 85-PP of March 22, 2011. And now approval for the installation of an air conditioner in Moscow is no longer necessary!

Therefore, now you can install an air conditioner in your apartment or office in Moscow completely calmly, knowing for sure that you no longer need any approvals for the right to breathe freely!

Our company offers in Moscow at reasonable prices.

Permission to install an air conditioner in Moscow was required earlier and was included in the concept of redevelopment (reconstruction). The fact is that during the installation of an air conditioner, a hole is usually drilled in the wall to lay communications between the internal and external units of the air conditioner (split system). These communications go metal pipes with refrigerant, electrical cables And drainage tube. And you need to drill this hole so as not to damage the heating pipes and electrical cables running inside the walls of the house. The need to obtain approval for the installation of an air conditioner in Moscow was canceled by Moscow government decree No. 85-PP dated March 22, 2011.

Cancellation of approval for the installation of air conditioning in Moscow - Sobyanin’s original resolution

The original decree of the Moscow government on the cancellation of approval for the installation of air conditioning in Moscow is as follows:

THE GOVERNMENT OF MOSCOW
RESOLUTION

dated March 22, 2011 N 85-PP
ON AMENDMENTS TO THE MOSCOW GOVERNMENT DECISIONS OF NOVEMBER 2, 2004 N 758-PP, OF FEBRUARY 8, 2005 N 73-PP

In order to improve the organization of work to control the reconstruction and (or) redevelopment of residential and non-residential premises in apartment buildings the Moscow Government decides:

1. Amend the Moscow Government Decree of November 2, 2004 N 758-PP “On approval of operating standards housing stock", deleting the words "individual air conditioners" in paragraph 3.5 of Appendix 1 to the resolution.

2. Introduce changes to the Moscow Government Decree of February 8, 2005 N 73-PP “On the procedure for reconstruction and (or) redevelopment of residential and non-residential premises in residential buildings on the territory of the city of Moscow" (as amended by resolutions of the Moscow Government dated November 15, 2005 N 883-PP, dated September 25, 2007 N 831-PP, dated November 2, 2010 N 993-PP):

2.1. In paragraph 18 of Section II of Appendix 1 to the resolution, the words “air conditioners” should be deleted.
2.2. Add the notes of Appendix 1 to the resolution with paragraph 3.5 in the following wording:
"3.5. Installation of air conditioners on the facades of residential buildings."

3. Establish that at cultural heritage sites and identified cultural heritage sites, the installation of air conditioners is permitted provided they are placed on courtyard facades, as well as in cases where their installation is provided for by the project of work on the preservation of cultural heritage sites and identified cultural heritage sites.

4. Control over the implementation of this resolution shall be entrusted to the Deputy Mayor of Moscow in the Moscow Government for Housing, Communal Services and Improvement, P.P. Biryukov.

Mayor of Moscow

S.S. Sobyanin

The installation of air conditioners in Moscow is allowed - the mayor of Moscow S.S. Sobyanin changed the rules, the procedure for installing air conditioners in Moscow

The installation of air conditioners in Moscow is permitted by Moscow Mayor S.S. Sobyanin! We would like to please you that since 2011, you no longer need to obtain permission to install an air conditioner in Moscow. Now you don’t need to obtain any permits for this anywhere, no approval is required for installing an air conditioner in Moscow!

Therefore from now on procedure for installing an air conditioner in Moscow next - you buy an air conditioner, then call us and almost the next day we will install your air conditioner in the apartment. Therefore, it is a voluntary matter.

A good owner prepares a sleigh in the summer. It is better to prepare for installing an air conditioner in winter...

Especially when you consider that in many cases this requires not only funds, but also permits.

What are the rules for installing air conditioners?

There are no rules for installing air conditioners that apply throughout Russia. Sometimes lawyers are guided by the Housing Code, which states that the facade apartment building- common property of all residents. Therefore, sometimes experts advise, before placing an outdoor air conditioner unit on the facade, to collect written consent from all residents of the house and obtain permission from the local government.

But there is no such direct indication in the legislation, and in practice the rule is rarely applied.

Each region has its own rules, which sometimes have significant differences. Local authorities can change them.

Not so long ago, Moscow required the development of a project and its subsequent approval by the Moscow Committee for Architecture. Next, it was necessary to obtain permission to work from the Moscow Housing Inspectorate. The procedure could take several months. But in 2010, when there was an abnormal heat wave, residents inundated local authorities with complaints about bureaucratic procedures. In this regard, in 2011, the authorities lifted restrictions on the installation of air conditioners.

The exception is cultural heritage sites, for which there is a strict procedure for installing air conditioners. As a rule, authorities only give permission to install an air conditioner on the yard side.

That is, ordinary Muscovites can acquire air conditioning without special permits. But some rules still need to be followed.

According to the deputy general director KASKAD Service company Yuri Rozhin, SNiPs have several rules and regulations. Firstly, it is strictly forbidden to place the external unit of the air conditioner at a distance of less than half a meter from gas pipe. Secondly, it is advised to hang the unit as far as possible from neighbors’ apartments so that they are not disturbed by the noise of the operating device.

How and who can be punished for this?

The State Administrative and Technical Inspectorate must verify the correct installation of the air conditioner. For violations, its employees can issue fines.

According to Rustam Arslanov, sales director of the Granel Group of Companies, if, when installing an outdoor unit, the apartment owner violated the rules and evades paying a fine, the court can forcibly collect the amount. However, in practice this happens only in extreme cases.

Homeowners' associations and management companies also monitor the presence of air conditioners on the façade. When incorrect installation air conditioner, the owner may receive an order to move or dismantle the device. According to Sergei Ilyasaev, CEO of Rezidential Group, this order has no legal force. However, if you ignore it, Management Company will file an application with the court, according to which the violator will be obliged to dismantle the air conditioner and restore the facade.

Home buyers in new buildings will not have problems with installation

Most home buyers in Moscow new buildings will not have to worry about installing air conditioning. Since 2016, the capital has stopped building old-style panel houses and to the list mandatory requirements New buildings have added the installation of special boxes on balconies or facades that will hide the external air conditioning units.

Judicial practice of courts general jurisdiction on the question “do I need permission to install an air conditioner?”, at first glance, there is no uniformity. When considering one case, the court decision states that the installation of an air conditioner requires the consent of the owners and authorities; when 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 governing this problem, with whom to coordinate, etc. - these questions are not always asked by citizens and organizations who want to install an air conditioner on the facade of a residential building. Sometimes the consequence of such frivolity is a court decision to dismantle already installed air conditioner.

Let's consider two positions on this topic

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

Proponents of this point of view give the following arguments.

The façade of a building as an enclosing load-bearing structure of a house is common property V 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 the Decree of the Government of the Russian Federation of August 13, 2006 N 491 “On approval of the Rules for the maintenance of common property in an apartment building.”

Gosstroy of the Russian Federation in clause 3.5.8 of Resolution No. 170 of September 27, 2003 “On approval of Rules and Standards technical operation housing stock" indicated the following: "housing service organizations ensure that various banners, pendants, signboards, signs (flagpoles and other devices) are not attached to the walls of buildings, and that air conditioners and satellite dishes are not installed 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 of common property in an apartment building for use, are made by a general meeting of owners of premises in an apartment building.

From the above legal norms we can conclude that to install an air conditioner it is necessary to obtain permission not only from the authorized body 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 the air conditioner and coordinate the project for compliance sanitary standards and rules in Rospotrebnadzor, in management organization, in the authorities responsible for compliance appearance facade of the building after installing the air conditioner to accepted standards and others.

In addition, a citizen who wants to install an air conditioner must initiate general meeting owners of the premises of the house, in which the majority must approve the installation of air conditioning. It is clear that in buildings with several hundred apartments, this is extremely problematic.

Thus, to install a small air conditioner that will not interfere with anyone, a citizen will have to spend several weeks, or even months. Behind given time The hot summer will probably end already.

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) The above paragraph 3.5.8. Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170, which states that it is inadmissible to install air conditioners without the appropriate permission, does not mention what kind of permission we are talking about: 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 use, ownership and disposal 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 Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170 is a public act, and not private law, we can conclude that in clause 3.5.8. Regulations we're talking about on the need to obtain permission from the authorized authority.

Norms federal laws, by-laws do not directly indicate the need to obtain permission to install an air conditioner. However, it must be taken into account that housing legislation is under joint jurisdiction Russian Federation and constituent entities of the Russian Federation (regions). A 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, and name the authorities authorized to approve the air conditioner installation project.

From judicial practice it follows that not all regions have adopted such a normative act. Similar regulations were adopted, for example, in St. Petersburg, and until recently existed in Moscow, but have been canceled since 2011.

Thus, before installing an air conditioner, you should ask whether there is a regulatory act in your region, territory, or republic regulating the procedure for obtaining permits for installing equipment on a building. If there is no such act, we believe that the authorities do not have grounds to issue any permit. To verify this, you can contact the administration 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 a cultural heritage site, 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) Installing an air conditioner - re-equipment (refurbishment)?

According to Article 25 of the Housing Code of the Russian Federation, the reconstruction of residential premises is the installation, replacement or transfer utility networks, sanitary, electrical or other equipment requiring changes to technical certificate living space.

There are industrial, semi-industrial and household air conditioners. Installation of industrial air conditioners may require reconstruction of the premises, which will entail the need to make changes to the technical data sheet of the premises, or even reconstruction of the building. In this case, without permitting documents not enough.

However, as practice shows, the installation of an air conditioner (domestic or semi-industrial) is not always qualified by the courts as reconstruction, redevelopment or re-equipment of the premises. This means that no government permission is required for installation.

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

As shown arbitrage practice, the lack of 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, is cited by the court 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 citizens' rights are expressed in the following:

• the neighbors' air conditioner makes loud noise, hums, vibrates, which disturbs the peace of citizens (usually neighbors);
• the air conditioner is installed on the balcony, loggia of the plaintiff citizens or on external wall buildings directly next to the window of citizens’ apartments within the perimeter of their residential premises - partially blocks the view from the window; when it rains, drops from the installed air conditioner fall into the apartment window;
• The air conditioner drain pipe is installed in such a way that condensation flows onto the windows of apartments belonging to other citizens, which leads to the destruction of the wall of a residential building.
• other violations, including those committed during the installation of the air conditioner (formation of cracks on the facade of the building, failure to comply with measures fire safety posing a risk of fire, short circuit, etc.)

It is worth noting that there are also judicial acts where demands for the dismantling of the air conditioner are satisfied on the basis of the standards 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 requirement for an obligation to dismantle the air conditioner can only be satisfied if the plaintiff has proven 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 for its use is necessary, must be rejected on the basis that the person who installed the air conditioner is also the owner of the premises and a co-owner of the share in the right to the common property and if this owner does not create obstacles to the exercise of the right of use and ownership by other owners of the premises, does not violate their rights to favorable and safe conditions residence, 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 premises are not deprived of the right to make decisions, 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 already placed on load-bearing structures Air conditioners at home violate the rights of citizens and must be dismantled, which should be reflected in the minutes of the general meeting of owners. Let us remind you 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 execution by all owners of the premises of a given residential building. It seems that in this case the owner of the air conditioner is obliged to obey the decision of the general meeting, or appeal this decision in court. If the owner refuses to dismantle the air conditioner, the owners have the right to go to court with a demand to remove obstacles to use (Article 304 of the Civil Code of the Russian Federation), i.e. on the defendant's obligation to dismantle the installed equipment.

• Permission to install an air conditioner on the facade of a residential building and dismantle it (Judicial practice of courts of general jurisdiction, court decisions, Do I need permission from the owners of premises, authorities to install an air conditioner, antenna, cables on the facade and roof of a building? Judicial and arbitration practice)
• Installation of air conditioner, antenna on the facade and roof of the building. Is the consent of owners and authorities required? Arbitrage practice
• How to legalize a built balcony, roof, balcony canopy, balcony glazing, loggias, or combine a room with a balcony? Arbitrage practice
• Redevelopment and reconstruction of the apartment. Legalization of unauthorized redevelopment. Rules of law and practice

The other day I had to talk to a relative’s neighbors who installed air conditioning, but did not consider it necessary to think about either the legality or the neighbors below. As a result, condensation from their air conditioner began to drum on the windowsill. The window is wet, there is a puddle on the windowsill, knocking all night. The neighbors did not want to heed the polite request, so they had to give the relative some legal advice. The issue was resolved very quickly.

It didn’t come to the point of filing complaints; they read her text and voluntarily extended the tube. This is a half-measure, but still better than nothing.

So, what are the restrictions on installing air conditioners?

Firstly, the air conditioner must be located in the place of the facade that is allocated to it by the project (Resolution of the Moscow Government dated April 30, 2013 N 284-PP “On optimizing the procedure for approving architectural and urban planning solutions for objects capital construction in the city of Moscow"). If you do not have such places in your house design, installing an air conditioner will be a re-equipment and will require not only the development of a project and its approval by government agencies, but also obtaining the consent of the owners of the premises in the house, since the external walls belong to the common property of the house.

Secondly, and this is the point that interests us the most, it is strictly forbidden to organize water drainage from the air conditioner to walls, window sills and areas in front of the house.

Decree of the Moscow Government dated July 31, 2007 N 651-PP “On approval of the Moscow city standard “Maintenance and repair of facades of buildings and structures”, clause 2.10 “ Installation of air conditioners on building facades should be carried out according to design and estimate documentation in accordance with the requirements of clause 11.4 of SNiP 2.04.05-91, providing for organized condensate drainage. »

Decree of the Moscow Government dated November 2, 2004 N 758-PP “On approval of standards for the operation of housing stock,” clause “ 3.6. When placing individual air conditioners on facades Discharge of condensate water is not allowed on the enclosing structures of window fillings and areas in front of the entrance to residential buildings.»

That is, if water from the air conditioner drips onto the street, this is already a violation. From indoor unit air conditioner, the water should not go outside and onto the windows of the neighbors below, but into the sewer. It is clear that this is difficult to implement in old houses or in an apartment that has already been renovated, but in new ones, especially when renovating with gray walls“—this can be implemented in an elementary way.

Accordingly, if you start to drip on the windowsill or down the collar at the entrance, feel free to demand that the offender stop the disgrace. Of course, it’s better to reach an amicable agreement - the condensate can be sent to drainpipe, extend the tube and drip onto the lawn, and so on. If the offender does not make contact, outline to him the prospect of completely dismantling the air conditioner after your complaint to the Housing Inspectorate.

If this doesn’t help, complain. Through the website of the Moscow Government to the State Housing Inspectorate of the city of Moscow.

the text is extremely simple “At the address... installation has been carried out external unit air conditioner on the facade of the building. When installing the air conditioner, the provisions of Moscow Government Decree No. 651-PP dated July 31, 2007 “On approval of the Moscow city standard “Maintenance and repair of facades of buildings and structures” (clause 2.10) and Moscow Government Decree No. 758-PP dated November 2, 2004 “On approval of standards for the operation of the housing stock" (clause 3.6.), since condensate drainage is organized on the external wall of the house and the window sills of the apartments below.

I ask you to take action against the violators and ensure that the violation is eliminated as soon as possible.”

If the installation location of the air conditioner is not determined by the house design, then add:

“The air conditioner was installed without a design and without obtaining the consent of the owners of the premises in an apartment building.”

Attach a photo to your complaint.

Just before sending, make sure that your air conditioner is in accordance with all the rules. And you never know...

Air conditioning on the facade: is it possible or not?

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

At first glance, the judicial practice of courts of general jurisdiction on the question of “whether permission is needed to install an air conditioner” is not uniform. When considering one case, the court decision states that the installation of an air conditioner requires the consent of the owners and authorities; when 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 who want 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.

Let's consider two positions on this topic.

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

Proponents 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 of article 36 of the Housing Code of the Russian Federation, article 244 of the Civil Code of the Russian Federation, clause 2 of the Government of the Russian Federation of August 13, 2006 N 491 "On approval of the Rules for the maintenance of 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 commentaries, indicate that “in law enforcement practice, the installation of an air conditioner is regarded as a refurbishment (rearrangement) of a premises and even as a reconstruction of a building (clause 1 of article 25 of the Housing Code of the Russian Federation, clause 14 of article 1 of the Town Planning Code of the Russian Federation) .
Gosstroy of the Russian Federation in clause 3.5.8 of Resolution No. 170 of September 27, 2003 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock” Resolution of the Gosstroy of the Russian Federation dated September 27, 2003. No. 170 indicated the following: “housing maintenance organizations ensure that various banners, pendants, signboards, signs (flagpoles and other devices) are not attached to the walls of buildings, and that air conditioners and satellite dishes are not installed without the 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 of common property in an apartment building for use, are made by a general meeting of owners of premises in an apartment building.
From the above legal norms we can conclude that to install an air conditioner it is necessary to obtain permission not only from the authorized local government body, 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 the air conditioner, coordinate the project for compliance with sanitary standards and rules in Rospotrebnadzor, in the management organization, in the authorities responsible for compliance of the appearance of the building facade 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 owners of the premises of the house, at which the majority must approve the installation of an air conditioner. It is clear that in buildings with several hundred apartments, this is extremely problematic.
Thus, to install a small air conditioner that will not interfere with anyone, a citizen will have to spend several weeks, or even months. By this time, the hot summer will probably end.

2. Second position: by 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) The above paragraph 3.5.8. Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170 which states that it is inadmissible to install air conditioners without the appropriate permission, does not mention what kind of permission we are talking about: 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 use, ownership and disposal of common property in shared ownership are regulated by the norms of the Housing Code of the Russian Federation and Civil Code of the Russian Federation, taking into account that Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170 is an act of public, not private law, we can conclude that in clause 3.5.8. The resolution deals with the need to obtain permission from the authorized government body.
Federal laws and regulations do not directly indicate the need to obtain permission to install an air conditioner. At the same time, it is necessary to take into account that housing legislation is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation (regions). A 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, and name the authorities authorized to approve the air conditioner installation project.
From judicial practice it follows that not all regions have adopted such a normative act. Similar regulations were adopted, for example, in St. Petersburg, and until recently existed in Moscow, but have been canceled since 2011.
Thus, before installing an air conditioner, you should ask whether there is a regulatory act in your region, territory, or republic regulating the procedure for obtaining permits for installing equipment on a building. If there is no such act, we believe that the authorities do not have grounds to issue any permit. In order to verify this, you can contact the municipal administration with a request to clarify the procedure for installing an air conditioner on the facade of a building.
In addition, we should not forget that if your house is a cultural heritage site, 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 - refurbishment (refurbishment)?

According to Article 25 of the Housing Code of the Russian Federation, the reconstruction of residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment, requiring changes to the technical passport of the residential premises .
There are industrial, semi-industrial and household air conditioners. Installation of industrial air conditioners may require reconstruction of the premises, which will entail the need to make changes to the technical data sheet of the premises, or even reconstruction of the building. In this case, you cannot do without permits.
However, as practice shows, the installation of an air conditioner (domestic or semi-industrial) is not always qualified by the courts as reconstruction, redevelopment or re-equipment of the premises. This means that no government permission is required for installation.

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

As judicial practice shows, the lack of 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, is cited by the court as an additional argument in the event that an already installed air conditioner violates the rights of other owners of the premises. As a rule, such violations of citizens' rights are expressed in the following:
- the neighbors’ air conditioner makes loud noise, hums, vibrates, which disturbs the peace of citizens (usually neighbors);
- the air conditioner is installed on the balcony, loggia of the plaintiff citizens or on the external wall of the building directly next to the window of the citizens’ apartment within the perimeter of their residential premises - it partially blocks the view from the window; when it rains, drops from the installed air conditioner fall into the apartment window;
- the air conditioner drain pipe is mounted in such a way that condensation flows onto the windows of apartments belonging to other citizens, which leads to the destruction of the wall of a residential building.
- other violations, including those committed during the installation of the air conditioner (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 demands for the dismantling of the air conditioner are satisfied on the basis of the standards 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 requirement for an obligation to dismantle the air conditioner can only be satisfied if the plaintiff has proven 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 for its use is necessary, must be rejected on the basis that the person who installed the air conditioner is also the owner of the premises and a co-owner of the share in the right to the common property and if this owner does not create obstacles to the exercise of the right of use and ownership by other owners of the premises, does not violate their rights to favorable and safe living conditions, then there is no violated right that is 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 premises are not deprived of the right to make decisions, 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 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. Let us remind you 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 execution by all owners of the premises of a given residential building. It seems that in this case the owner of the air conditioner is obliged to obey the decision of the general meeting, or appeal this decision in court. If the owner refuses to dismantle the air conditioner, the owners have the right to go to court with a demand to remove obstacles to use (Article 304 of the Civil Code of the Russian Federation), i.e. on the defendant's obligation to dismantle the installed equipment.