Fulfillment for installing air conditioning on the facade of the house 2021
The installation of an external unit must be paid to special attention, observing the following requirements:
It is necessary to take into account the margin of strength of anchor mounts, which should be 2-3 times higher than the weight of the device.
The outer surface of the building should not be dilapidated, otherwise the fasteners of the system can shatter, and the equipment will fall.
It is necessary to take into account the external decoration of the walls (insulation, ventilated facade) when installing fasteners.
Around the block should remain at least 10 cm to any object located above, below, side, as well as from the wall, in order to ensure air circulation around the device for cooling.
The unit is installed strictly horizontally to ensure the correct and free movement of the freon along the cooling contour.
From the Earth, the system should be installed at least 2 meters, and on the upper floors-located on the roof of the building, taking into account the maximum distance between the split systems of 15 m.
The device should be mounted taking into account the possible access to it for its further maintenance
Many residents of the regions establish air conditioners on their own, without coordination with the relevant authorities. Identification of illegal or improper installation of the device can lead to negative consequences. imposing a fine.
Penalty sanctions for unauthorized installation work on installing a split system on the facade of the skyscraper are determined by Article 7.21 Code of Administration
For violation of this article (redevelopment of residential premises), a fine of 1,500 to 2500 is provided for, in addition, obligations are imposed on the restoration of the facade in the original form (before the reconstruction) or coordination of the work performed
Pilies for air conditioning in apartments and other household appliances
Recently, raids of different instances for apartments of citizens are gaining serious turnover. Almost everything is checked-gas equipment in apartments, conducting a technical inspection of gas slabs and water heaters, the tax checks whether anyone is renting apartments or rooms without paying taxes, especially this is concerned with pensioners. Check compliance with fire safety standards. Utilities check the state of the consumption meters of communal resources, their diagnostics and, of course, the timeliness of the payment of services.
Install your own AIR CONDITIONING in 4 HOURS! DIY Mini Split MR COOL
Air conditioners on the facade of the house when they can be forced to rent
The issue of installing air conditioners on the facade of an apartment building causes a number of people fears and fears. How true it is and is there a reason for experience we will analyze below.
How legitimately it is to install air conditioning on the facade of an apartment building?
This issue has a double meaning. On the one hand, we are talking about common property. the facade of the building. So the owner of the air conditioner must arrange his neighbors to install equipment (Civil Code Article 247). On the other hand, most tenants still hang an air conditioner on the facade or not if it does not interfere with them. There is still a management company that may be against. However, it must be understood that neither the residents of the house, nor the management company have sufficient powers to tell the owner to hang the air conditioner or not.
The decision on the ban on the air conditioner can only be made by the court after sending complaints to the relevant departments. Here, much will depend on the current regional norms and loyalty of the judicial authorities. Practice shows that no more than 10% of dealing with complaints reaches the court. The situation in this matter is more likely on the side of the owner of the equipment than a third side.
How high the risk of dismantling the air conditioner is if the corresponding permits and consent were not pre.issued for him?
Only the court has the right to oblige the air conditioning owner to dismantle it, but not neighbors and management company. In any case, opponents of the air conditioner on the facade of the general apartment building will have to file a lawsuit to the judicial authorities, which will then be considered a certain time and end with a verdict. The probability that the owner will be obliged to remove the air conditioner is no more than 8-10% based on judicial practice. There must be good reason and violations for this.
- The equipment interferes with neighbors. For example, obscurity of their windows, is located too close to the balcony or loggia, does not allow to completely open the window and so on.
- There is a likelihood of a threat to the health or life of other residents. First of all, it is an unreliable fastening and the likelihood of an air conditioner falling down with damage to health or property of people. Secondly, these are dangers associated with the operation of equipment: an increased load on a common-house electric network with the likelihood of fire of the wiring due to the choice of an overly powerful model or the formation of icicles, ice on an external unit with a threat of falling down in the winter.
- Installation was made on the facade of the building of historical status and related to architectural monuments. Such buildings have a special status and are listed in the register. In their case, there are a number of restrictions. However, the total share of such houses in the residential sector exceeds 3% of the total housing stock.
The cases described above are usually excluded in practice if the owner of the air conditioner is an adequate person and ordered installation from a profile organization. As a rule, the air conditioner is hung under the window or from the side of the owner of the owner’s apartment, so he cannot interfere with his neighbors. It will be enough only to prevent the formation of icicles and ice in the winter by regular cleaning.
Even if we allow the situation of an open conflict with the management company and neighbors about the need to dismantle the equipment here the situation will also be on the side of the owner. Threats from type interferes, noisy, takes place, spoils the facade and so on are absolutely subjective and caused by personal hostility or conflict. Dissatisfied ones will have to prove and confirm that the fact of violations is really present, and not invented.
To do this, you will have to conduct a construction examination, get a conclusion, the task is a troublesome, and most importantly financially costly. It is unlikely that the management company or even more so the neighbors will invest their own money to punish the “culprit”. At best, 5-6% of conflict situations reaches the court. By and large, everything rests on relations with neighbors and the management company. If there is no conflict, then no one will ever exhibit claims against equipment hanging on the facade. Here you can cite a good example in the form of satellite plates and antennas for television, which hung en masse on the facades of apartment buildings only 10-12 years ago, and part hangs to this day, and no one dismantles them, even if the equipment is not used.
Air conditioning on the facade of an apartment building: boldly hang and use!
Do not be afraid to install air conditioning or even several in an apartment building. There are no prerequisites for this. legislation does not prohibit this. There are a number of situations that need to be taken into account and used to the benefit. Otherwise, everything is in your hands!
The issue of coordinating the installation of the air conditioner on the facade with tenants and the management of the company cannot also be considered mandatory and determining. Most management companies do not care what you do if it does not carry financial losses and inconvenience for her.
You can get the consent of the residents to install the air conditioner at a common.house meeting, and this will be a plus for the owner. However, given the low activity of the population and its consciousness, 20-30% of the residents of the house will most likely come to the meeting at best, so their opinion will not be decisive in this matter. Obviously, no one has the right, with the exception of the court, to limit the owner of the air conditioner in its use. Feel free to put and use, there is nothing illegal in this!
It is quite reckless to install the air conditioner without coordination and hope that the court will take your side. If “unlucky”, you risk losing a lot of time, nerve cells and money. Dismantle the equipment. half the age, almost certainly will have to spend money on the restoration of the facade.
Therefore, the installation of the air conditioner is best agreed in advance with other owners, and if this is provided for by local improvement rules. also with the local government body.
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Permission to install in a private house
The installation of a household system in a private house does not imply obtaining any permits. Air conditioning can be installed anywhere. The only restriction that the customer may encounter is if the private house is located in a closed complex, and this residential complex has a set of rules related to the design of the facades of buildings in the village. In this case, it is necessary to coordinate the placement of the outer unit with the management company or proceed from the established rules. Most often, the rules provide for the placement of external blocks on the side walls of the residential building, and not on the front facade.
Thus, we can conclude that as such uniform requirements for obtaining permission to install climatic equipment does not exist. There are many nuances that need to be taken into account. Also, there is no regulatory framework for installation. The air conditioner refers to household appliances and the issue of its installation is decided exclusively by the customer of the equipment. The main thing is that the air conditioner does not create inconvenience for the residents of the house, if we are talking about an apartment building. It is equally important to install so that the air conditioner does not spoil the appearance of the facade and does not pose a danger to other residents. This is possible if the drainage is incorrect, for example, to a drain or just to the street without using flexible corrugated tubes.
Action procedure during the installation of air conditioning
Installation work is held on the developed algorithm. All requirements and rules are taken into account. Air conditioner installation procedure:
- Electric wiring is laid for connecting the system to the network.
- Installation of the block outside the room.
- the choice of the optimal place for installation, which will be located above 2 m from the ground level;
- fixation of brackets on selected anchor bolts;
- installation of a block on a prepared place (bracket);
- creation in the wall of the main holes, the diameter of which is from 50 to 60 mm for all communications;
- Installation of the waterproofing cylinder in holes and connecting communications.
- Installation of the unit indoors:
- the choice of the optimal place, according to the requirements described above;
- installation of brackets for air conditioning;
- Installation of the inner block in its place.
- Working connection:
- installation of an internal or outer box;
- Attaching copper pipes through which the freon will circulate, the connection of electrical wires;
- vacuumization. air and all moisture are removed from the system. Special equipment will allow the operation in about 45 minutes, no less.
- Test performance of the installed air conditioner. For this purpose, special software and hardware equipment is used.
Air conditioning is installed and ready to work.
Typical errors when installing air conditioners
Incorrect installation of the air conditioner is a common matter. It also happens that the error leads to a fall in the structure. The reason for this is the high cost of installation services, which are provided by special firms, as well as the presence in this field of non.professionals of their business. For example, the qualified employees that the company provides for their work on installing the air conditioner, which will take 2-3 hours, will take almost half the cost of the air conditioner himself. Therefore, in order to save, owners prefer to hire an unskilled employee. The result of such an installation is different: some air conditioning has served for years, while others do not.
note! Often, non.professionals do not pay attention to the material from which the facade is made, what load it can withstand, and t. D.
Here is a list of the most typical and common errors that are made when installing air conditioners:
- Freon tubes are too often and excessive too often and excessively. Then the load on the compressor increases, and it fails faster.
- Installation of the condenser unit on glazed loggia. As a result, air circulation worsens.
- Installation of the air conditioner in the room with the presence of devices that radiate high.frequency electromagnetic oscillations. These include: current or drilling machine, welding equipment.
- Installation of the evaporative unit with distortion: condensate follows the flooring.
- Installation of air conditioning over heat source.
When these errors are already made during the installation process, they will have to eliminate them. This requires understanding the meaning of the error and the reason:
- If after installation the air conditioner creates a draft, just change the direction of the air flow that changes the shift on the device.
- Performing the premises heating, the external unit is covered with an ice coating. In this case, the product has no automatic defrosting system. It is enough to turn on the air conditioner in the cooling mode, after which the plaque will gradually melt.
- In the hot period, fresh air does not come from the installed air conditioner, there is no cooling effect. You need to check the filters, close the window in the room, turn on the heating device, replace the air conditioner with a more powerful.
- If the air flow is weak, filters are cleaned.
- If water flows from the air conditioner, the drainage canal. It can be an ice traffic jam. Will have to call a master who warms up the unit.
- Когда во время работы установленного кондиционера слышен линий шум, возможно, подшипники износились или вентилятор разбалансировался. The master is hired, which will perform diagnostics and repair of the product.
- The compressor is very heated. a sign of low pressure of the freon. It is enough to refuel the air conditioner with a freon and check everything for leaks.
If you perform all these actions, you can be sure that the installed air conditioner will last many more years.
Determination of the third cassation court of general jurisdiction of January 26, 2022. 8. 959/2022
Resident. St. Petersburg (hereinafter referred to as the defendant) placed the external air conditioner block on the wall panel of the facade of MKD. The defendant received permission for appropriate work in the Committee on Urban Planning and Architecture, but did not agree on them with other owners.
The Criminal Code sent the defendant a order to dismantle the equipment. The non.fulfillment of this order was the reason for the appeal of the Criminal Code to the court.
In the statement of claim, the management company asked to oblige the defendant to dismantle the external block of the air conditioner and bring the wall panel of the facade to its original state.
The courts of the first and appeal instances satisfied the claims of the Criminal Code.
The cassation court left the decisions made unchanged, and the defendant’s complaint is satisfied. At the same time, he indicated that the issues of managing common house property can be resolved only through the general meeting of owners of MKD. The owner of the premises in the MKD does not have the right to allocate in kind of his share in the right of common ownership of common property in this house.
Determination of the third cassation court of general jurisdiction of December 15, 2021. 8. 20526/2021
One of the managing organizations of g. St. Petersburg (UO) sent a MKD to the owner of the MKD with the requirements: provide the agreed documentation for the outer blocks of the air conditioner placed by him on the facade of the MKD; dismantle the equipment in the absence of such documentation.
The owner (hereinafter referred to as the plaintiff) went to court to challenge the issued order. Indicated that the equipment on the facade of the MKD was located many years ago and under an agreement with a specialized company licensed to carry out relevant work. In view of this, the plaintiff did not violate the norms of legislation, which were operating at the time of the placement of the external blocks of the air conditioner.
The courts of the first and appeal instances satisfied the claims of the UO. At the same time, they were guided by the fact that the plaintiff did not agree on the installation of the air conditioner as an object of improvement and did not receive permission from other owners of MKD to use common house property.
Portable Air Conditioners. Why you shouldn’t like them
The Cassation Court canceled the decision of the Court of Appeal and sent the case for a new appeal consideration.
The external air conditioner block was installed on the facade of the MKD in 2003 Even before the entry into force of. 36, 44 of the Housing Code and some other regulatory acts to which lower courts referred when making decisions. These regulatory acts do not have retroactive force, which means that they cannot apply to this housing dispute.
“In accordance with ST. 144 of the Housing Code of the RSFSR, which at the time of installation by the plaintiff of the air conditioner, operation and repair of the state, municipal and public housing fund, the fund of housing and housing and construction cooperatives, as well as houses, apartments owned by citizens, are carried out with mandatory observance of uniform rules and norms Operation and repair of housing stock “.
However, lower courts did not investigate these rules and norms, and also did not check the legitimacy of the requirements of the Criminal Code, taking into account the previously current legislation.
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Placement of air conditioners on the facade of an apartment building: Regulation and responsibility issues
Installing climate equipment on the facade of an apartment building is a common practice against each apartment building. over, this is relevant not only for the southern, but also the northern latitudes since, from the point of view of the owners, Conder adds premium to the premises.
Installation of air conditioning and reconstruction
The practice has developed three options for installing climate equipment in apartment buildings.one.Fastening the air conditioner on the facade along the wall adjacent to the owner of the owner (right or left of the window). By this case, the conclusion of climatic technology goes strictly to the owner of the owner. This option is one of the most common.
2.Installation of air conditioning on the blind area of an apartment building. The option is the most common for built-in-insert non-residential premises (especially, shops with large refrigerators). Most often, such a technique has anti.vandal protective equipment and is closed with a metal grate with a gate on the lock.
3.Mocking installation of the air conditioner on the back of the building or inside the building. This option is rarely used and mainly in relation to apartment buildings that are objects of cultural heritage, architectural monuments. However, taking into account the poor quality of attitude to cultural heritage objects, very often we meet at home that are architectural monuments, but with driven walls for climatic equipment and installation of equipment according to the first option.
Is the installation of the air conditioner as a reconstruction?
In accordance with. 1 tbsp. 25 LCDs, the reconstruction of the premises in an apartment building is an installation, replacement or transfer of engineering networks, sanitary, electrical or other equipment requiring amendments to the technical passport of the premises in an apartment building. Thus, speaking strictly formally, it is.
In addition, in accordance with P. 3.5.8 of the rules and norms of the technical operation of the housing stock, approved by the Decree of the State Construction of 27.09.2003 70 organizations for the maintenance of the housing stock monitor the prevention of the buildings of various stretch marks, suspensions, signs, signs (flagpole and other devices), installation of air conditioners and satellite antennas without appropriate resolution.However, the mechanism for obtaining a “appropriate permission” in the federal law is not described. In a number of municipalities, the placement of air conditioners is settled at the level of municipal rules of improvement.
For example, in p. 2.one.15 Rules for the improvement of the territory of the city district “City of Belgorod”, approved by the decision of the Belgorod City Council of 29.01.2019. 4 (hereinafter referred to as the Rules of improvement 4), it is stated that the outer blocks of air conditioning and ventilation systems are placed:
O on the roof of newly built buildings and structures (roof air conditioners with internal ducts of the ducts);- on the main facades of newly built buildings- orderly, with the placement in the places specially designated by the project, in the same type of baskets that do not violate the architectural solutions of the facades;- on the main facades of the reconstructed buildings- in orderly, with reference to a single system of vertical lines on the facade, using decorative elements (prefabricated baskets under the outer blocks of air conditioners);- on the courtyard facades of the reconstructed and newly built apartment buildings- orderly, with reference to a single system of vertical lines on the facade. using decorative elements (prefabricated baskets under the outer blocks of air conditioners);- on the facades of the reconstructed and newly built apartment buildings- according to the passport of the facade of the buildings,Decorated places (prefabricated baskets) are provided for each apartment for the installation of external blocks of air conditioners;- on loggias, in niches of reconstructed and newly built apartment buildings- in the most inconspicuous places, using decorative elements (prefabricated baskets for external air conditioners); The same, the Rules of the improvement 4 indicate that the outer blocks of air conditioning and ventilation systems are not placed:- on the surface of the main and yard facades of buildings included in the Unified State Register of Cultural Heritage (History and Culture Monuments) of the Federations;- over pedestrian sidewalks; With protrusion behind the plane of the facade without the use of decorative elements (prefabricated baskets for external air conditioning blocks).However, such regulation at the level of municipality is rather a rarity and exclusion from the general rules.
Formally, the facade is common property, the responsibility for which by virtue. 36 and 161 LCD is carried out by the management manager of the house. At the same time, quite often the owners decide to use the facade for placing air conditioners, voting this issue at the general meeting of owners.
However, it should be noted that if the procedure for the special content of the facades is settled at the municipal level (and the house, say, is on the main street), then such a decision will not be enough to legitimize the fact of placing air conditioners on the facade.Thus, the administration of the city of Magnitogorsk of the Chelyabinsk region filed a lawsuit against the managing organization demanding to dismantle the external unit of the air conditioning and ventilation system, since its placement contradicts the requirements for the external architectural appearance of the city of Magnitogorsk, approved by the resolution of the city administration of Magnitogorsk from 22.eleven.2013 5845-P. In particular, it is forbidden to place the external blocks of air conditioning and ventilation systems on the surface of the front (street) facades, which go to the main highways, on the courtyard facades representing historical and cultural value.
Satisfying this lawsuit, the court indicated that the maintenance of the facades of buildings in good and aesthetic condition meets public interests in ensuring the safe operation of buildings and maintaining the external architectural appearance of the municipality (determining the Supreme Court of 29.05.2019. 09-ES19-6630).
In another case, one of the owners appealed to the court with the demand to dismantle the external unit of the split system, the visor on it and the video camera. By the decision of the Volga City Court of the Volgograd region from 21.02.2020. In case.104/2020, the plaintiff was refused, because:- the current legislation does not provide for any preliminary permits for the installation of air conditioners by the owner of the premises in an apartment building;- the arguments of the plaintiff and its representative that consent is required to install the external unit of the air conditioner all owners of residential premises, the court reads unreasonable, since the work on the installation on the facade of the house of the split system is not a reorganization, redevelopment or reconstruction of the premises, which requires the mandatory consent of all owners of the premises of the apartment building;- the plaintiff is not presented in the case file evidence of this that as a result of the installation of the external unit of the split system, the common property of the owners of the premises in a residential building decreased that the installed air conditioner creates someeither obstacles to the exercise of rights to own, use and dispose of the premises of an apartment building or her apartment.
I contacted the management company with a request to access the roof to install the air conditioner, was refused.
I want to install air conditioning in a multi.storey building on the facade. I contacted the management company with a request to access the roof to install the air conditioner, was refused. I called the city design department, they answered that the permit for installation should not be taken. What to do? Tell. G. Vladivostok.
You will receive a written refusal and appeal it in court
Let the Criminal Code give its refusal.Or cut the lock yourself.We do it
The management company does not allow to install the external air conditioner block on the faculty of the new house (I. The owner of the apartment).
The management company does not allow to install the external air conditioner block on the faculty of the new house (I. The owner of the apartment). Coordination from the city (KGA) received. There is permission to install the block from the courtyard. The condensation drain is not assigned to the facade, but inside the apartment in the sewer. Everything is neat.
The management company refuses to give out the keys to the roof for the work of climbers and said, if they see that the block is hanged, then it will be removed forcibly.
The management company itself argues this by the fact that it does not allow the designer at home to do this, and says that in addition to permission from the city, installation projects are needed, some kind of concept for the development of the facade (they themselves cannot explain what it means).
I need a lawyer with experience (successful) in solving these issues.
The answer of the lawyer Iskanderov E.E. wrong. It has already been repeatedly said that in accordance with [b] st. 36 LCD [/b] Owners of premises in the MKD own and [b] use [/b] common property of an apartment building.
No agreements between the owners on the use of OI MKD are concluded and decisions are not made at meetings.
It is absurd to the owners to conclude something, for example, for the right to use the elevator, as an object of common property in the MKD or a passage along the stairs.
Facade. This is also one of the objects of the OI MKD.
Only the only condition must be observed. the rights of other persons should not be violated.
UO is not at all related to the possession, nor to use, nor to the order of the OI MKD.
Its task: to manage MKD, maintain and repair the common property of MKD and ensure the provision of KU in the premises of MKD. ALL! UO has other rights and obligations!
The actions you specified. The arbitrariness of your UO. Complain to the State Housing Inspectorate and the prosecutor’s office. Let them form the arbitrariers.
Installation of the air conditioner without the consent of co.owners is unlawful
The first cassation court of general jurisdiction examined the case of the lawsuit of the Criminal Code to the tenant, who mounted the air conditioning system on the facade of the MKD (case 8. 15702/2021).
“Management company Service 24” from g. Odintsova demanded in court to oblige the owner of the apartment to dismantle the outer blocks of the air conditioner, which he installed from the outside of the dwelling.
The city court refused to satisfy the claim. The conclusions to which the court came:
- Defendant is a co.owner of common property MKD. Therefore, it can use part of the common property of the house (part of the facade), including to install air conditioning systems.
- In fact, the air conditioning system is installed inside the defendant’s apartment, consists of internal and external blocks, is a component of a complex thing. Therefore, dismantling will lead to the fact that the system will cease to exist as a single complex thing and will become unsuitable for further operation.
- The plaintiff did not prove that the owners of apartments have the opportunity to install external blocks of air conditioners somehow differently.
- The court has not proved that the placement of the air conditioner prevents the owners to exercise their rights in relation to common property, or the plaintiff violates their other rights and legitimate interests.
The appeal authority left a decision without changing.The Criminal Code filed a cassation appeal.
The first cassation court of general jurisdiction with the conclusions of the courts did not agree and referred to the Civil Code, according to which the property, which is in shared ownership, can use, use and dispose of. 1 tbsp. 246, Art. 247 Civil Code).The higher authority, with reference to the Decree of the Government N 491, indicated that the composition of the common property includes, including enclosing the supporting structures of an apartment building (including foundations, load.bearing walls, balcony and other plates, supporting columns and other enclosing supporting constructions).According to the review of the judicial practice of the Supreme Court (2021.) the court emphasized that the right of owners to own, use and dispose of common property in the MKD cannot be interpreted, as allowing one owner to violate the similar rights of other owners, contrasting his interest to the interests of all the others.
The Judicial Collegium noted:- The court’s conclusions that the consent of the owners were not required, since the installation of the air conditioner did not reduce the size of the common property, contradicts the law;- in the case materials there is no information that the defendant proved compliance with the fire rules when installing the air conditioner.
The Cassation Court canceled the appeal and sent the case for a new consideration to the court of second instance.
One consent of the owners is not enough
The third cassation court of general jurisdiction examined the dispute of the two owners about the dismantling of the air conditioner and the inconsistent glazing of the balconies (case 8. 11310/2021).
The district court of the city of St. Petersburg satisfied the owner’s demand for his neighbor and decided to oblige the defendant to dismantle glazing and air conditioning system.Due to the procedural violations that the trial court committed, the decision was canceled. However, the appeal instance claims for the dismantling of glazing and air conditioning also satisfied. The defendant’s counter claims to maintain an air conditioning system and glazing the court refused to satisfy.
The defendant asked in a cassation appeal to cancel the decision and satisfy the counterclaim of preserving the glazed balcony and the air conditioning system.
The cassation instance recognized the conclusion of the court of appeal, according to which the glazing of the balconies and the placement of the air conditioner, not provided for by the MKD project, change the appearance of the facade of the residential building and change the use of common property.Therefore, these works require the permission of the shared owners of common property and the decision to coordinate the architectural and urban planning appearance of the facility in the field of housing construction by the Committee on Urban Planning and Architecture of the Government of St. Petersburg.
Glazing and installation of air conditioners in the MKD was agreed with the owners, since the decision of the general meeting was allowed to install air conditioners and glaze balconies and loggias.However, as the cassation instance emphasized, the consent of the owners does not cancel the need to observe the procedure for the installation of glazing and air conditioning systems provided for by law. As the court established, the defendant did not agree on glazing and reconstruction of the balcony.Therefore, the judicial board recognized the decision to dismantle the air conditioning by legal.
In terms of dismantling the glazing of the balcony, the judicial board canceled the decision and sent the case for a new consideration. The basis-the court of second instance did not take into account the legislation of St. Petersburg, which established the ability to coordinate glazing until January 1, 2028. Therefore, appeal to the court demanding to dismantle glazing the court considered premature.