Gosstroy of the Russian Federation in clause 3.5.8 Resolutions of 27.09.2003 N 170"On the approval of the Rules and Regulations technical operation housing stock” stated 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, installation of air conditioners and satellite dishes without appropriate permission.”
To protect residents, residents or the general public. The competent authority will check, after the advertisement has been returned, whether the list violates the requirements of § 14 (2). The competent authority may, pursuant to paragraph 1 of article 17(1) of judgment 1, at any time issue orders to establish a prostitution vehicle and its operation.
The creation of a prostitution vehicle is prohibited if one of the reasons referred to in paragraph 2 of Article 14 exists. If the competent authority becomes aware of circumstances that would justify the withdrawal or cancellation of the basic license, the competent licensing authority is notified.
As stated in article 44 of the LC RF, decisions on reconstruction and repair, as well as on the transfer of common property for use in apartment building accepts 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.
The competent authority may prohibit the creation of a prostitution vehicle if its action violates paragraph 2, or if the notification referred to in paragraph 1 has not been made, timely, correct or incomplete. The rules of the road and the right of way remain intact.
In particular, the permit is revoked if there is a factual indication that the licensor, or a person appointed by him or her deputy, supervisor or supervisor, knows or should know that the person engaged in prostitution is a prostitute or for sexual services.
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 an air conditioner installation project, coordinate the project for compliance sanitary standards and rules in Rospotrebnadzor, in the managing organization, in the authorities responsible for compliance appearance the facade of the building after the installation of the air conditioner accepted standards and others.
Under the age of 21 and is or should be engaged by third parties to engage in or continue prostitution or. Third parties, taking advantage of the predicament, their helplessness associated with their stay in a foreign country, or their or their personal or economic dependence on prostitution, or that person is being used or is to be exploited by third parties.
In addition, the provisions of the Administrative Procedure Law apply to the withdrawal and revocation of authorization and authorization to delegate. Operates a prostitution business that offers professional services or provides premises for the provision of sexual services to at least one other person.
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.
Operates a prostitution site, provides prostitution, organizes or hosts a prostitution event, or operates a prostitution agency. Prostitution refers to buildings, premises and other fixed assets used as permanent establishments for the provision of sexual services.
Prostitution is cars, trailers and other mobile equipment provided for the provision of sexual services. Prostitution is an event intended for an open group of participants where sexual services are offered to at least one of those present.
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 use, possession and disposal of common property, which is in shared ownership, are regulated by the norms Housing Code of the Russian Federation and Civil Code of the Russian Federation, considering at the same time that the Decree of the Gosstroy of the Russian Federation of September 27, 2003 N 170 is an act of public, not private law, we can conclude that in clause 3.5.8. The resolution refers to the need to obtain permission from the authorized authority.
Prostitution mediation is the mediation of at least one other person to provide sexual services outside of the operator's place of prostitution. This also applies if it is only due to circumstances in which the mediated services involve sexual acts.
In the current legal advice, our guest writer explains which startups should be considered in promotions to avoid running afoul of the law. Through advertising, companies draw attention to their products and services. Advertising is vital importance for new startups that enter the market because it is the only way get to know your target audience about your offerings. But what is allowed and what is not? This is what we are talking about today.
The norms of federal laws, by-laws do not contain a direct indication of the need to obtain permission to install an air conditioner. However, it must be taken into account that housing legislation is jointly administered Russian Federation and 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.
What should be considered when advertising from a legal point of view? Switzerland has many legal and private barriers to advertising or, more generally, commercial communication. Such barriers can be found, in particular, in federal law on unfair competition and principles of fairness in commercial communication of the Swiss Fair Trade Commission.
It also defines certain types of advertising as unfair, such as discriminatory and degrading advertising, protects against the potential for confusion, and prohibits bait advertising. Advertising must be legal. The Swiss advertising industry voluntarily submits to self-regulation and case law is based on these principles. In case of violations, there is the possibility of filing complaints against affected consumers and companies.
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.
Example: Comparative Advertising
Here are two examples of barriers for two common types of download ads. Startups usually compete with other companies. Therefore, they often rely on comparative advertising to show that their own offerings are superior to their competitors.
It is mostly allowed in Switzerland. However, comparative advertising must refer to similar services and products. It can only display comparable offers of the same quality and quantity. In addition, general advertising principles apply, which means that the comparison must not be incorrect, misleading or unnecessarily offensive.
In addition, you should not forget that if your house is an object cultural heritage, then you will have to obtain permission to install an air conditioner, antenna, cables, or any other equipment on the supporting structure of the building in any case.
2) Installing an air conditioner - retrofitting (rebuilding)?
According to article 25 of the Housing Code of the Russian Federation, the reorganization of a dwelling is the installation, replacement or transfer engineering networks, sanitary, electrical or other equipment requiring changes in technical certificate residential premises.
For example, you should be careful when claiming that you are the only supplier in Switzerland or even worldwide. Such a statement must be confirmed by an advertising launch, which in practice turns out to be difficult in practice. The problem lies in claims where the average recipient cannot make comparisons based on the information provided. For example, startups offering consulting services as a service provider, must accurately and accurately present prices and services in a way that is understandable to the average user in comparative advertising.
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, without permits not enough.
Local startups often use flyers to advertise locally. There are no specific rules for leaflet content, but flyers should not be distributed freely in most places. For example, the city of Zurich has a comprehensive set of rules for the "distribution of promotional materials in the public domain", including the following provisions.
Distribution of promotional materials on a public basis is subject to permission, as this public cause is temporarily occupied. Requests for permits must be made in a timely manner prior to the first desired mailing date to the City Police. Original products, catalogs and a variety of other items, as well as flyers with e.g. sexist content, may not be distributed. A maximum of six mailing campaigns per calendar year are possible, of which a maximum of three in 1 city district, a maximum of three in other city districts, and a maximum of two to their own place of business. Distribution activities can only take place in certain places and at certain times. The city of Zurich charges a fee for leaflet distribution, including a permit fee of 80 francs, a writing fee of 30 francs and a user fee of 55 francs per person per day.
- Applications from companies and organizers in the city of Zurich can be approved.
- The application should contain flyer samples - and perhaps even handouts.
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?
Anyone distributing flyers without permission may be banned. The number of buses is at least several hundred francs. In practice, short-term permits are also available in the city of Zurich, if the available places are not yet filled. Information about this is provided by the police station "police permits" of the city police.
Recommendation: Take care of guerrilla advertising
Advertising in Switzerland is subject to numerous legal and private barriers. Therefore, for startups, it is advisable to familiarize yourself with the most important rules for different types advertising. With small budgets, startups often consider so-called guerrilla advertising. These actions are usually unusual, surprising, courageous and daring. Ideally, guerrilla advertising with innovative and creative methods provides high advertising impact at low cost. Often, however, guerrilla advertising simply consists of boring but massive leaflet distribution, which may be against advertising law.
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:
Startups sometimes weigh possible violations of advertising law: they know that distributing flyers without a license can be forgiven, but compare the estimated amount of such a bus with paid resolution and the ability to promote the desired place at all. You also know that an advertising campaign without a license can certainly lead to the desired media presence, as the example from the city of Zurich shows. But be careful: the Zurich city police pushes in the face of many wildly distributed leaflets less often than before, the eye and consistently loses.
- 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 mounted 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 fire hazard, 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 only be satisfied 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 to use it is necessary, 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 for the exercise of the right of use and possession of other owners of the premises, does not violate their rights to favorable and safe conditions of residence, there is no violated right subject to judicial protection.
Therefore, this risk assessment is recommended from a legal point of view. Under no circumstances will startups run the risk of being involved in litigation with established competitors. Most startups cannot afford such litigation, and they spend time making startups more meaningful in developing their services and products. In case of doubt, specialist advice should be sought in such situations. The latter also applies to products that are subject to special advertising rules.
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 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 obligation of the defendant to dismantle the installed equipment.
Examples are foods and medicines. Regular legal advice from a professional to a launch topic regularly in the "Law for Startups" section. About the Author: Martin Steiger studied at the University of St. Gallen and is a longtime lawyer in digital law.
In case of doubt, in case of ambiguity and for detailed clarification, recommendations are recommended by a specialist such as a lawyer. In guerrilla advertising, various "non-pecuniary damage" methods do exist, such as spray or high-pressure cleaning with stencils. To advertise in a public space, you need permission in principle, in case of property damage and other crimes, they can be expected to have critical consequences. The damage already raises the question: is there chalk on the pavement damaging the property?
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 arbitration practice)
Installation of air conditioning, antennas on the facade and roof of the building. Do I need the consent of the owners and authorities? Arbitrage practice
The road is not damaged, not destroyed and useless. Heavy rain washes it away, and if it needs to go faster, there's a job to clean up the city, reading: net financial loss. You talked about risk assessment in start-up guerrilla activities. When planning action and outboard balloons in a public place.
Can use aliases like this. Practice shows that cities and almost in principle mean and give some kind of permission. And this is not surprising - they don't care - anyway - they have nothing to win, so we just say no. As is often the case, regulation is completely unnecessary. If, for example, a stall is not really accepted, then he sells nothing, and someone sells nothing or leaves him too little.
How to legitimize an arranged balcony, roof, balcony canopy, balcony glazing, loggias, combine a room with a balcony? Arbitrage practice
Remodeling and renovation of the apartment. Legalization of unauthorized redevelopment. Law and practice
In summer, you don’t want to suffer from the heat at all, so before the start of the season, people begin to massively install air conditioners. Usually this procedure itself takes several hours, and this is enough to do everything and bring the equipment to working condition. However, not everyone knows that before installation, it may be necessary to obtain permission to install an air conditioner on the facade of the house. Such a document is not always necessary, so some appliance owners live happily without it, but for others, everything can end more sadly, with a subpoena and the need to remove the air conditioner. Therefore, before planning the installation of this device, you must first find out if this can be done in the chosen place.
Is a permit required?
Owners of equipment are concerned about the question - is it necessary to obtain permission to install an air conditioner? There is no specific special indication of this in the laws, since such a procedure does not apply to the redevelopment of an apartment, does not in any way reduce the existing common property of residents apartment building, does not make any changes to the existing correct floor plan. However, there may be some nuances here.
Everything directly related to housing legislation is under the direct jurisdiction of not only the Russian Federation, but also the subjects - regions. Therefore, in any region, the legislature has the right to adopt a separate law that will in a certain way control and regulate the installation of appliances of any type on facades, prescribe the necessary procedures to obtain permission to install an air conditioner, and empower certain authorities with authority on these issues.
It follows from the above that before installing the equipment, you need to ask if there are separate authorities and laws in your region that directly relate to the installation of appliances on the facade of the house. If there are no regulations on this matter, then there are no grounds for issuing or requiring permission. To deal with this issue, you can contact the administration with a request for clarification about the installation. 
Do I need to get the consent of other tenants?
It is worth paying attention to the fact that the installation of equipment falls under the provisions of the Civil Code and the Housing Code, which states that any change in the facade of a residential building must be agreed with all its residents. It is recommended to carry out this procedure, because in case of any violations, the court usually takes the lack of consent of other residents as the basis for the requirement to dismantle the air conditioner. Typically, violations of civil rights can be expressed as follows:
- The device makes a loud noise and vibrates during operation, which disturbs other people.
- The equipment is installed in such a way that it enters the territory of neighboring windows and partially blocks the view from the window to other residents, drops from the air conditioner are constantly in in large numbers hit the window drainage system mounted in such a way that condensate flows out of it onto the windows of neighboring apartments, which leads to the danger of gradual destruction of the walls.
- Other violations that in any way interfere with civil rights, violate fire safety regulations, create a threat of short circuits and other problems.
Thus, it is better to coordinate the installation of the air conditioner with other residents, so as not to face a sudden subpoena later. 
When is a permit required?
The rules for installing an air conditioner on the facade of an apartment building include several cases in which obtaining permission is mandatory. You can get a ban on the installation of the device if the situation falls under one of the following options:
- Installation is carried out directly on the front facade.
- The building is one of those having historical or any important cultural value, is an architectural monument.
- There is a walkway at the bottom of the building.
- There are no railings in the window opening chosen as the location for the installation.
In addition, it is imperative to obtain permission if it is planned to install devices that are categorized as industrial or semi-industrial, since in this case, the installation may require redevelopment or even a complete reconstruction of the selected room. In this case, if the owner does not have the necessary permission, the court will have every reason to demand that the equipment be dismantled.
Is it possible to hang the air conditioner on the facade of the house? Yes, if in advance, before the operation, special permission was obtained in this regard, the case does not apply to those situations where the installation of equipment is prohibited, and also the hanging device does not in any way violate the rights of neighbors. If all conditions are met, then you can safely install the purchased device.
Before planning the installation of the device on the facade, it is necessary to consult with the architect. If the architectural features of the building were not taken into account, then permits cannot be obtained.
What do you need to do to get a permit?
In order to do everything in accordance with the law and not be afraid of any consequences, it is necessary to carry out a number of actions before the installation of the device itself begins. It will be necessary to develop a project for the installation of the device, coordinate it with all the necessary authorities that are related to such a procedure. As a rule, this includes Rospotrebnadzor, the managing organization, local authorities that are responsible for the condition of the facades.
The owner of the device must hold a meeting of the residents of the house, where the majority must necessarily approve the installation and give written permission for this.
The received permission for installation is called in a special way - the Task for the placement of additional facade equipment. It is worth noting that it has a limited validity period, so you need to carefully monitor that the permit is not overdue. It will be valid for a year from the date of receipt, after which it will be necessary to renew it so that the presence of the device does not violate any laws.
The practice of air conditioner owners shows that obtaining permission to place equipment on the facade ordinary house quite simple, and, as a rule, this procedure does not cause any particular difficulties if everything is done in stages. You will only have to spend time going through the authorities, but in the end the coveted paper will be received. It is much more difficult to obtain a permit if the building belongs to historical monuments, in this case, each situation is considered individually by a special commission.
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