Tambov court shifted the duty to preserve the historic house from residents to the city hall

The appellate court overturned the decision of the lower court, which obliged the owners of apartments to finance the preservation of the cultural heritage of regional importance. As reported, in this part, a new decision was made - in meeting the requirements of the Department for State Protection of Cultural Heritage Sites of the Tambov region to citizens was denied. Responsibility for the work is assigned to the administration of Tambov.

During the proceedings, it turned out that at the time of the first privatization of the apartment in this apartment building, all the premises were owned by the city administration. According to the technical inventory, the building already then required major repairs. However, the former owner and landlord could not provide evidence that such work was carried out before or at the time of the transfer of apartments to citizens.

The Court of Appeal stressed that the burden of proving the fulfillment of the obligation to overhaul lies with the former landlord. Since the city administration did not confirm the work taking into account the date of construction of the house, the actual period of operation and the norms of effective operation of the housing stock, the court concluded that the municipality, not private owners, should be responsible for the preservation of the cultural heritage object.