Monthly payment for major repairs. Overhaul of apartment buildings: to pay or not? Lawyer's opinion

The other day Nizhny Novgorod residents received the first "zhirki" new line- “contribution (tax) for major repairs”. The sums are rather big - from 250 rubles to 630. Disciplined payers immediately ran to pay for all this to the post office and to savings banks, where another surprise awaited them - they would have to pay a not weak, from 30 to 50 rubles, commission. But the worst thing is that with this first payment, people are driving themselves into a trap! Why? Let's figure it out.

The problem of an unfair program has fallen into the spotlight Union of Homeowners of the Nizhny Novgorod Region, whose activists decided to teach everyone how not to be deceived. The topic of the next meeting of the Union, which we had a chance to attend, was how to convey to a greater number of Nizhny Novgorod residents the truth about overhaul.

Natalia Shartanova

- Do not try to pay bills (line in the receipt) for major repairs to the Regional Operator - this will be your voluntary agreement with all the points of the agreement unknown to you and complete bondage! - says the chairman of the Union Natalya Shartanova, - you do not own the common property - you do not have a green certificate of ownership of the common ownership of the house, the municipality (state) transferred only the apartment to you, but did not transfer the attics, stairwells, roofs, basements, communications and so on. Let the state (municipality) bear the burden of maintaining what it owns! And the first payment on the invoice before you saw the contract means its conclusion. (Clause 1 of Article 181 of the Housing Code of the Russian Federation).

Moreover, you may not wait for that happy moment when the elevator is changed, the roof or the facade is repaired. We can move from home before his turn on the 30-year program. And who, in general, had the idea to stretch such a project for three decades? The situation in our country is extremely unstable. Today building materials cost so much, and tomorrow - 10 times more.

But this "misunderstanding" does not end there. Who runs to pay for the "fat" in the first place? That's right, retirees who are hardened by the system. Moreover, the current authorities are adding fuel to the fire. For example, in social protection, they have already threatened grandmothers and grandfathers: if you don’t pay for the overhaul, we will deprive you of the EBC (monthly monetary compensation). And, by the way, the EBC does not apply to the overhaul and installation of meters, which are included in the “zhirovka”. And in general, as pensioners note, the rent is growing every month, and the EBC is getting smaller.

Residents: "The rent is getting bigger, the EBC is getting smaller!"

In general, the implementation of the overhaul program from the very beginning was mired in lies. So, until November 8, apartment owners had to decide on a way to accumulate funds for overhaul. To do this, it was necessary to initiate a meeting of owners, collect their signatures, a bunch of papers, make payments, run around a bunch of authorities ... Not only did the authorities barely inform the townspeople about this, but also concealed the main thing. It turns out that it was the district administrations who had to do all this work!

Olga Shishkina

- A month before November 8, the local government was obliged to organize meetings of residents of all apartment buildings... But the administration pretended that this was not prescribed by law. In fact, we are not obliged to run across floors, grab grandmothers by the hand, demand to sign papers, but the authorities had to do it!- a member of the initiative group of the microdistrict im. hero Usilov Olga Shishkina, who studies in detail the issue of overhaul.

But even if you and your neighbors unknowingly fell into a “common pot”, there is a way out. After all, you were simply deprived of the right to choose.

- We are talking about a violation of the procedure, which means that we can go to court, - Olga Shishkina continues, - How it all happened in March: you received a payment order with a new column and two barcodes, you were sent for clarification , and from there - to a website on the Internet. And already on this site you can see the contract. The very day you received your receipt is the date your rights were violated. Take the receipt and go to court with it, and explain this: “I don’t have the Internet, I don’t know how to use it. And I ask you to remove the house from the common pot, because no one came to us and held meetings ”.

And one moment. The overhaul fee is charged based on the amount square meters apartments and the number of owners. And the bill, for some reason, comes to the name of one person - a responsible tenant. Why should he be the only one to take the rap for everyone? After all, maybe none of these owners live in the apartment. Therefore, this situation must also be explained in court: “My son lives in Murmansk and is not going to return, and my mother is establishing life in the village. Send "zhihki" to them at new addresses. " That is, there should be as many payments as there are owners in each apartment. And everyone should pay in proportion to what belongs to him.

To comment on the situation in which the residents of Nizhny's apartment buildings were made fools, and the municipality did not help them figure it out, we asked the director of the department of housing and engineering infrastructure of the city administration, Sergei Sinitsin.

Sergey Sinitsin

- Yes, indeed, the administration should initiate tenants' meetings. But initiation is different. We either held talks with the chairmen of apartment buildings (MKD), or posted announcements with a proposal to hold a meeting. But people did not respond to them, - says Sergei Grigorievich.

To be honest, we doubted the reality of such statements. None of those interviewed by us have seen such announcements in Nizhny Novgorod.

- I saw photographs on which everything is recorded, - continues to insist on his own Sinitsin, - Perhaps people just read and ripped off these ads. In addition, we have produced 150,000 brochures and conducted 149 training seminars. In our region, 11 percent of houses were transferred to a special account. This is the most large percentage in the Volga Federal District.

However, Mr. Sinitsin also notes that if you or your neighbors have not chosen a special account, there is no tragedy in this. And it is not necessary to go to court, you can sort it out peacefully. Residents of MKD have the opportunity to transfer to their account upon expiration a certain period... Now it is two years, but a bill with a term of only one year is being considered. That is, residents will be able to carry out the procedure for choosing a method of accumulating funds for overhaul, and if a special account is chosen, the money that has already fallen into the "boiler" will be returned.

In the near future, members of the Union of Homeowners and other interested organizations are planning to hold public events, disseminate information in in social networks, answer all questions of people who are not indifferent to the problem of overhaul.

Photo by Irina Elagina

Every citizen Russian Federation knows what a major overhaul charge is. However, not everyone thinks about what exactly this fee is spent on. Why does each of us monthly give a certain amount of money to the housing office? How should a major overhaul take place apartment building, and how does it actually go? All these questions will be answered in the article.

Overhaul concept

Each multi-storey building sooner or later it will start to wear out. In order to prevent an emergency, the buildings must be repaired and modernized in a timely manner. Naturally, the required amount of money for the repair work will not come out of nowhere. Therefore, to pay renovation work residents themselves are obliged.

Before giving a characterization legal aspects of the law regulating the repair work of buildings, it is necessary to tell in a little more detail about what is included in the overhaul system. What procedures and functional responsibilities The housing office can be distinguished here? If it comes on the minimum set of services and responsibilities of a housing company, then the following functions must be distinguished:

• replacement, repair or installation of various kinds of intra-house communications; these are heating, water supply, gasification and many other systems;
• repair or replacement of elevators;
• repair or installation of a house roof;
• carrying out work in basements, strengthening the foundation;
• repair or renovation of the facade - sealing joints, restoring plaster, replacing or renewing tiles, repairing gutters, etc.

Thus, the overhaul of an apartment building includes a fairly a large number of a wide variety of works.

General characteristics of laws on overhaul

It should be noted right away that on this moment in Russia there is no single draft law entirely devoted to overhaul. All functional responsibilities, connected in the overhaul of apartment buildings, are regulated by a variety of laws and regulations. Here are individual points of federal bills, and certain court orders, and some articles of the Housing Code of the Russian Federation. However, the largest and most well-known law is still worth highlighting here: this is Federal Law No. 271 - on amendments to the Russian Housing Code.

Until 2012, everything was very bad in the housing sector. The confusion consisted of both numerous legal contradictions and the lack of a clear system of laws that could regulate the repair of houses. Of course, there was a Housing Code. However, before the appearance in December 2012 of Federal Law No. 271 and with him, everything was not as it should be.

What changes have followed since the beginning of the action presented normative act? The main thing that should be noted here is that payments for major repairs began to be charged from citizens (before that, the authorities were completely involved in repairs). Whether it is good or not is a moot point. However, it will hardly be possible to deny the fact that the system of contributions and work execution has become more convenient. But has it become fairer and better quality? Attempts to find an answer to this question will be indicated below.

Excursion into the past

As you know, therefore, it is worth going back a little and trying to remember how the overhaul system operated earlier.

Back in Soviet times, the roofs of houses were steadily renewed every 15 years, the foundation was repaired every 25 years, and the roofs of housing and communal services were dealt with every year. In principle, to this day, nothing has changed much. Any housing Management Company sets similar terms. If the work is not carried out, then the building will simply acquire an emergency condition, and ultimately collapse.

In the USSR, the overhaul of apartment buildings was entirely borne by the authorities. All buildings were in state property... Citizens were required to pay certain sum of money and the municipality carried out all the necessary construction and renovation work. However, with the beginning of privatization caused by the collapse of Soviet power, most of the buildings passed into the hands of private owners. From now on, residents have stopped paying local governments.

Complete confusion continued until early 2000. Many houses became obsolete, became dilapidated and uninhabitable. That is why the authorities have decided to take bolder measures. A major overhaul program was developed. A little later, a law on the overhaul of apartment buildings followed. Residents were obliged to pay 5% of the amount required to carry out work on the transformation of housing. However, the general trend has not acquired a positive coloring: to this day, many houses are simply left without maintenance.

Community fees for major repairs: size as of 2017

The Russian authorities should pay attention to the European practice, which stipulates the obligation of each tenant to create the so-called repair capital. A certain amount of money is collected, which is subsequently sent to carry out work on the transformation of housing. The advantage of such a system is obvious: all actions with finances remain in the sight of every person. There is strict reporting that allows you to spend money strictly for the intended purpose; not a single penny can go into someone's pocket.

Nevertheless, in the Russian Federation, such a scheme would be applied with great difficulty. The main obstacle here is the ordinary poverty of the population. Many citizens simply would not be able to make payments on time due to the banal lack of finance. What system is in place today?

The authorities have developed a thirty-year plan (it will be valid until 2042), according to which the municipality is engaged in fundraising. The same authority draws up a repair schedule for each individual house. The law on the overhaul of apartment buildings (Federal Law No. 271) stipulates the need to pay a sum of money equal to at least 15 rubles per housing m 2. Of course, the authorities say about the "incredible efficiency of the created system" and "thousands of high-quality renovated houses." Do these statements correspond to today's realities? Each resident must answer this question himself. Several theses from the relevant bill can be cited as a "supplementary material".

Basic software nuances

Every citizen should remember about their housing rights - one has only to open the Housing Code and read its individual provisions. The following will be the main theses about what constitutes a payment for overhaul. The law says about the following points:

• All repairs are set directly by the municipality. In case of violations, citizens have the right to file a complaint. The municipality will collect a commission and, if necessary, will try to repair the building within the required time frame.

• Overhaul houses cannot be postponed even after the residents themselves have spent everything necessary work to renovate housing.
• A commission made up of housing representatives evaluates the major renovations carried out by the municipality.
• Overhaul fees are regulated by local governments. In this case, the fee may be subject to adjustment, but only on condition that all residents are notified of this.

The bill also talks about the main types of benefits that must be taken into account by local authorities. This will be discussed further.

About benefits

According to Federal Law No. 271, certain groups of citizens are entitled to a number of concessions. So, some persons, which will be discussed below, are not able to pay the tariff in full.

• families with three or more children;
• disabled people;
• families with children with disabilities;
• military personnel, or the families of the killed military personnel;
• home front workers or veterans of the Second World War;
• families without a breadwinner;
• honorary donors;
• holders of various kinds of state awards.

Some other categories of citizens should also be included here. All of them are spelled out in the Federal Law No. 271.

Decoding of utility tariffs

Home renovation fees come in many different ways. Here it is worth highlighting the size of the housing, and the type of building, and the presence of certain housing elements (such as an elevator, stairwells, etc.).

• yard area;
• cleaning and repair of staircases;
• work with a garbage chute;
• maintenance and repair of the elevator system;
• work with ventilation and sewerage channels;
• timely removal of garbage from the area around the house, etc.

If the buildings have some kind of peculiar equipment, or they are located in inconvenient areas, then the collection of fees for major repairs may be slightly higher than the established rate. It is also necessary to talk about how the specifics of a residential building affect the cost of major repairs. The law regulates the following points:

• residents of pre-revolutionary buildings (as a rule, such buildings are cultural objects) must pay about 3 rubles per m2;
• people living in "Khrushchevs" have to pay two rubles per square meter;
• citizens living in panel houses 60-80s, must pay 2.2 rubles per m2;
• residents of brick houses must pay at least 2.5 rubles;
• people living in modern buildings pay about 2.7 rubles.

Thus, the type of housing construction also has a significant impact on the cost of the renovation work carried out.

Consequences of non-payment of tariffs

Oddly enough, many citizens simply refuse to pay tariffs for overhaul. For this, they find many different reasons: this is an unfair distribution of finances, and the lack of some kind of "return" from the municipality (after all, often residents of houses simply do not see any repair work), and poor-quality repairs. Moreover, some people even wonder whether the payment for major repairs is legal.

One way or another, the state dislikes non-payers, and therefore seeks to fight them in every possible way by imposing sanctions. What consequences can overtake a citizen who refuses to pay for the services of housing and communal companies? The most simple ones are fines according to the bank refinancing rate. This means that a person is obliged to cover late payments and 15% of the required amount of money.

If the case does go to court, then the following measures can be taken against the citizen:

• House arrest;
• the inability to take loans from any bank in the country;
• the award of a penalty interest;
• eviction from the house (but this is a last resort; multimillion-dollar debts are required for the court to be able to deprive a citizen of his property).

The simplest example here might look like this: a citizen owns an apartment of 50 m 2; a citizen's debt - 3 thousand rubles with a delay of 30 days. The municipality awards a penalty of 45 rubles. For a year, the fine can grow up to 800 rubles. Thus, no matter what opinion the citizen may have about the capital repair system, the necessary amount of money will still have to be paid on time.

Expert opinion on the overhaul payment system

Disputes around the built system of payment for major repairs have been going on for a long time. What is the opinion of the majority of experts?

The real situation, in the opinion of most experts, cannot be called optimistic. On the one side, the existing system it is practically impossible to change the payment for major repairs: a thirty-year plan has been adopted, and therefore all the problems indicated above will be unsolvable for a long time to come. The absence of banal transparency in the scheme, the fight against poor-quality repair work, public control - all this can be fully implemented, unless, with European system payment for overhaul. However, even such a system cannot yet be effectively applied in the current realities: the level of poverty of the population is still high.

Solution

What could be the way out? Most the best option- Homeowners' association. Built in a certain area new house... The overhaul fees are the same here as elsewhere. Since the area was newly developed, residents see no reason to give money to the municipality for no reason. That is why citizens decide to establish an association of housing owners. From now on, all payments become transparent and visible to most residents.

Naturally, under such conditions, many problems can arise. Homeowners' associations can be organized only if there are really competent and active chairpersons of the dwelling. If there are any, the question will be about the availability of the partnership's budget. Many people will immediately have a question: is the payment for major repairs mandatory? The answer is unequivocally positive. Each citizen, included in the partnership, must contribute to the development of the housing structure and its maintenance in a "healthy" state.

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What is overhaul

And how not to overpay for it

This summer, Muscovites will pay more for major repairs.

Now for a small odnushka they pay about 600 R per month, or 7200 R per year. If this is not much money for you, then you can pay further and not worry.

Olga Menikhart

pays for overhaul

We'll tell you what to do if you want to keep track of these spending. Moreover, this money can be spent more efficiently.

Hardware and history

To keep the high-rise building clean, and the house not to collapse, you need to do a thousand small things: clean the entrance, repair a broken elevator, repair cracks in the walls. All this is done by the management company (MC) or the homeowners' association (HOA), depending on which organization is chosen in the house. The organization receives money for its work.

Most of the management companies know how to do cleaning in the slightest degree, but not everyone succeeds in high-quality repairs. Homes are dilapidated due to poor repairs: the government estimates that the housing stock in Russia - 60%. To prevent the houses from starting to crumble themselves, the government decided to renovate apartment buildings without asking for the opinion of the residents - that is, by compulsion.

Previously, tenants paid for major repairs to management companies. The rates were set by the owners themselves, and the payment was optional. The tenants at the meeting could decide that they would not collect money for repairs, and they did not have such a line on the receipt.

Previously, residents themselves decided whether to make major repairs. Now this is a must

Now the overhaul is mandatory. Muscovites have received a new payment since July 2015. Tariff - 15 R per m², from July 1, 2017 - 17 R per m².

Who does not pay for the overhaul

The government obliged not everyone to pay for overhaul. Beneficiaries, residents of new buildings and emergency houses do not pay.

Beneficiaries- these are invalids of military operations, orphans, lonely pensioners over 80 years old. For a complete list of preferential categories, see the website of the Moscow Overhaul Fund. The list may differ in other regions.

Residents of new buildings. If the building was put into operation after a major overhaul program was adopted in the region (in Moscow - July 2015), then tenants may be temporarily exempted from payments. Maximum term vacation - 5 years from the date the house was entered into the program. The decision about the holidays is taken by the regional authorities. Holidays are already in operation in the Orenburg and Vologda regions.

Residents of emergency houses. Buildings that are going to be demolished or reconstructed are not included in the regional overhaul programs. If the house is recognized as emergency after the program began to operate, then the overhaul fund must transfer contributions "for the purpose of demolishing or renovating the house." That is, the money paid for the overhaul will be used in any case.

Residents of Khrushchev, which are going to be massively demolished in Moscow, will not be refunded the money for the overhaul.

How money is saved: the fund

Money for overhaul is saved in two ways: in the general cashier of the fund for overhaul or on an individual account at home.

The fund is a "common pot": a piggy bank into which residents of all houses in the region put their money. Every year they take a sum from this piggy bank and spend it on repairs. Today, your money is used to pay for the repair of your neighbor's house, and tomorrow the neighbors are paying for yours.

The funds belong to the regions: the funds of Muscovites go to renovate buildings only in Moscow. The Moscow region is formally a different region, where houses are being repaired by a different foundation.

The order in which buildings are being repaired is indicated in the regional capital repair program. The Moscow program is designed until 2044.

The foundation is obliged to do almost all the organizational work. Before repairing, he must determine what exactly to repair in the house, select contractors, supervise them, accept work and sign acts.

The acceptance can be attended by representatives of the management company and apartment owners. Residents can participate in determining what the foundation will renovate.

Fund is state organization... The Moscow Foundation was created by the Moscow government. Therefore, every year he reports on the work done: how many and which houses he renovated, how much money he spent.

How to save money: personal account

A personal account is an individual piggy bank of a particular house. Residents choose a bank, open an account and transfer money there every month. The funds on behalf of the owners are managed by the account owner: a representative of the management company, HOA or capital repair fund, depending on who the tenants have appointed.

The account owner will not be able to withdraw money and spend it just like that: the bank will ask for a justification for each operation.

The money on the personal account is managed by the owners

To transfer money to the contractor for the repair performed, you will have to provide the minutes of the general meeting of the owners, the service agreement and the acceptance certificate. You can write off money from the account only to pay for overhaul or to pay for a targeted loan.

The owners decide for themselves when to renovate the house. They select contractors, supervise them, and accept work. But repairs will still have to be carried out before the end of the regional overhaul program - until 2044.

It is not necessary to extend the renovation program until 2044; you can raise funds earlier. To do this, set a higher rate: not 17 R per m², but, for example, 30 R per m².

Although the money in the special account belongs to all the owners, you will not be able to collect your share when you move. It will be inherited by the person who will move into your apartment.

How to raise money for a major overhaul

Pay the fund

Money goes to the common cauldron

Save on account at home

The money is spent on renovating a particular house

Pay the fund

The repair period is determined by the fund. The work must be completed by 2044

Save on account at home

The term of the renovation is determined by the tenants. The work must be completed by 2044

Pay the fund

Contractors are controlled by the fund

Save on account at home

Contractors are supervised by tenants

Pay the fund

It is impossible to increase the rate for overhaul

Save on account at home

You can increase the rate for overhaul

Can't wait for repairs

By default, money from your home goes to regional fund overhaul. The order of work is determined by the program, at the beginning of the list are the most worn out houses. If you live in a solid block of flats, your home will be renovated sometime in 2030.

Nobody knows what will happen in 15 years. Savings can be burned out, the fund's budget can be spent on the construction of a stadium or bridge. Therefore, it is more profitable for residents of good strong houses to save money on the account of the house, and not in a regional fund.

The money collected in the fund may be lost

The money on the special account is not protected in any way. The law allows to open special accounts only in those credit institutions, where the quantity equity capital at least 20 billion rubles. This is the only requirement for the bank, and it seems that it is not enough.

In Tatarstan HOA members may lose money they have been saving since 2014 because their bank went bankrupt. They kept the money in Tatfondbank, on March 3 his license was revoked. Depositors' funds will be paid primarily to individuals and individual entrepreneurs and only after them - legal entities... When exactly this will happen is unclear.

The money on the account of the regional operator is allegedly protected by the state. If the regional fund does not fulfill its obligations to the owners or performs them poorly, the subject bears “subsidiary responsibility”, the law says. But not all regions will have the money to replace the lost savings.

Your payment is almost unrelated to your specific repair

The amount of payment for the overhaul is not tied to the technical condition of the house, it is calculated based on the total area of ​​the apartment. Therefore, the owner of the apartment in the new building and the owner of the apartment in the old Khrushchev pay the same, although the cost of repairs is different.

And if an old house it is also small, for 20 apartments, the tenants will not have time to reimburse the cost of repairs during the program. That is, residents of other houses, who save money in the general fund of the fund, will partially pay for the renovation of the house.

How much does the overhaul of a house for 24 apartments cost?

Cost of work - 7,172,616 rubles. The house has 24 apartments, their total area is 954 m². Residents pay a total monthly overhaul 14 310 R, per year - 171 720 R.

The overhaul program is designed for 30 years. During this time, residents will accumulate only 5,151,600 R... Another 2,021,016 R is a deficit. It will be covered from payments from other owners.

Type of work

Price

Repair of the power supply system

918 207 RUB

Repair of the cold water supply system

424,419 RUB

Hot water system repair

654,175 RUB

Sewerage repair

372,604 RUB

Heating system repair

1,332,786 R

Facade renovation

1,073,420 RUB

Roof repair

1,549,274 R

Basement renovation

After you have found your home on the site, check where your payments go: to a fund or to a special account. The list of houses where you decided to start your own account is posted on the website of the regional fund in two files:

1. Special accounts owned by the fund.
2. Special accounts owned by management companies, cooperatives and homeowners' associations (HOA).

If your address is not there, it means that the foundation is engaged in the repair.

Make sure that the foundation has the correct information about the house: the year of construction and the total area, and the renovation is really planned for the next 5-10 years.

If the house is new, keep the money in your account

Residents of new big houses it is profitable to save money on your own. Open a special bank account so as not to spend your savings on renovating other people's buildings. To do this, you need to hold a meeting of owners so that the tenants agree on opening an account and decide to transfer the money that was accumulated in the regional fund to it.

It is difficult and costly to conduct a meeting on your own. You will have to contact the Criminal Code for information about the owners of apartments and the size of the total area of ​​the premises, calculate the shares of each of the tenants, print forms for the owners - and this is only preparatory organizational work. For the decision to be legitimate, two-thirds of the residents must vote for. This means that each owner must be invited to the meeting, and when he still does not come, go to his house.

If your home is run by an HOA, it makes the process easier. This means that the owners are organized enough to independently control the overhaul process. Find out who the head of the HOA is, get to know him and offer to transfer money to an individual account at home. If it is profitable for your home to save money in this way, most likely you will not be refused. Then the meeting of tenants is organized by representatives of the HOA, who know how to do it.

After the meeting, the final protocol is sent to the regional capital repair fund. Three months after that, the fund will stop collecting contributions and within five days will transfer the accumulated money to the account of the house. After that, the tenants will pay to their own account.

The fund may refuse to transfer money to a personal account if the house has already been renovated and the collected payments have not yet covered its cost. In this case, you must first pay off the debt and only then leave the fund.

Remember

1. If the house is old, pay the regional fund.
2. If the house is new, keep the money in your account.
3. If you pay to the foundation, check the information for your house: year of construction, total area, a list of planned works and their sequence. If you find a mistake, get it fixed.
4. You can leave the fund and create a separate account for your home at any time. To do this, you need to hold a general meeting of residents and send the decision of residents to the foundation.
5. The Foundation will release you three months after it receives the minutes of the general meeting. The fund transfers the money accumulated by the residents to the account of the house.

Back in 2014 in invoices for payment utilities apartment building management companies have included new service... The line “for major repairs” in the receipts alerted and upset many homeowners. However, in the same year, the first recommendations appeared, in which methods were described in detail to help apartment owners not pay for this service at all. legal grounds.

However, in the second part of the Housing Code of the Russian Federation it is written in black and white that cash, which, if something happens, will go for the overhaul of an apartment building, should be kept either in an open account created for this purpose, or in the current account of the management company.

Then how can you not pay for overhaul according to the law? For what reasons do many tenants, apartment owners, refuse to adhere to the rules of the law? Let's figure it out in more detail.

How legal is the requirement of the management company to pay funds for the overhaul?

This requirement is quite legal and detailed in the Housing Code. At the same time, it can be considered quite objective and useful, since many people have long been aware that the housing stock is, to put it mildly, in a terrible state. And all this can lead to accidents in the next few years. That is, assuming the obligation to pay a certain amount for overhaul, the homeowner takes care of himself first of all, and first of all about his own safety. But is it really so?

According to the law, absolutely all owners of residential premises located in apartment buildings are obliged to pay for the service. An exception is considered only low-income citizens who receive benefits and material assistance from the state. In addition to them, war and labor veterans are completely exempted from paying for overhaul. And only some categories of citizens receive a discount on the service.

For what reasons do apartment owners refuse to pay for the overhaul of the house in which they live?

Let's take a look at the most popular reasons why homeowners don't want to pay for home renovations:

• A program aimed at improving housing stock, was adopted not so long ago, and besides, there are no specific terms for the repair, which means that the money will go nowhere. That is why the owners perceive it as another way to make people pay for it is not clear for what.
• The tenants must pay for the overhaul of the house, however, for their money, the attics, entrances and basements of the house may one day be repaired, which will never become their property. In addition, people are alarmed by the fact that teams from private firms that carry out commercial activities are hired to carry out repair work.
• Many owners do not use the property that the management company proposes to bring to its proper form. An example is the absence of the need to repair the elevator for the residents of the first floor, since they simply do not use it.

Our lawyers know The answer to your question

or by phone:

What is overhaul? What are the owners obliged to pay for?

Even if you regularly pay for the overhaul service, which is included in your receipt, and are not at all worried about whether you need to deposit funds or not to a special fund, then you may be interested in the list of works performed for your money. This list includes the following:

1. Restoration of the building and its facade in accordance with modern trends.
2. Basement repair.
3. Roof restoration and roof maintenance.
4. Reconstruction of the foundation of the house as needed.
5. Restoring old elevators or installing new modern cabins.
6. Renovation of sewerage systems, water supply, heating and other types of communications.

Based on the above list, it is quite logical that the obligation to pay for capital repairs lies with the homeowners. But the question immediately arises: do exactly the same requirements apply to new buildings that were commissioned no more than two years ago? It turns out that according to Housing Code RF, residents of such houses also need to regularly pay funds for overhaul with a perspective for the future. In most cases, it is these arguments that become the most the main reason the fact that people living in new buildings refuse to pay fees for services they do not understand.

How is it legal not to pay for the overhaul of an apartment building?

Having considered all the important issues regarding the payment of overhaul of an apartment building, let us dwell in more detail on how to legally not pay for this service. There are several similar ways, but do without cash expenses will not work. So:

In addition, you can, of course, not pay for the service at all, simply ignoring the receipt received. But for such actions, sanctions from the management company may follow.

What threatens those who do not pay for capital repair services for apartment buildings?

By law, the owners of residential premises have the right to pay not every line in the receipt. However, in reality, this is not at all easy to do. If you stop paying for the overhaul service, then the management company can apply penalties, namely:

• Send additional receipts and notifications of the need to pay the debt.
• Accrue interest on the amount owed.
• Solve the issue through the court, where the owner of the apartment will have to explain in detail the reason for refusing to pay for the overhaul service, providing strong evidence in their favor. If you cannot properly justify the refusal, then the amount of the debt is likely to increase by the amount of legal fees.

As a result, I would like to note that each owner of a home located in apartment building There are two options for legally refusing to pay for major repairs. The first is to ignore receipts for overhaul payments, which will not yet be known when. And the second is to use legal ways evading a significant part of payments for the service. Naturally, the second option is preferable, since it does not entail the imposition of sanctions from the management company and will not bring it to court.

By law, residents are required to pay monthly fees for overhaul. This procedure outrages many, since the state transfers responsibility for the maintenance of houses to the owners of apartments. Many citizens do not know how to get benefits.

Until August 1, 2014, it was possible to choose the method of accumulating and withdrawing money. To save money, you should familiarize yourself with some provisions.

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The legislative framework

The timing and quantity, as well as the legality of the collection of funds, are established by Articles 169 of the Housing Code of the Russian Federation and 17 of the Housing Code of the Federal Law No.181. How long does it take to pay for restoration work... On January 1, 2014, a regulation entered into force in the Russian Federation, indicating all the nuances of carrying out repair and restoration work in high-rise buildings. ... The law on the overhaul of houses was supplemented with clauses providing for punishment for non-payment and the accrual of penalties from January 1, 2016.

Overhaul means putting in order:

• engineering systems and internal communications;
• facade (insulation and restoration);
• basements and roofs;
• building structures;
• roofs (condition and coverage control);
• replacement of metering devices and elevators.

Contributions for major repairs enable contractors to provide high-quality and timely services and maintain high-rise buildings in proper condition.

Besides, the legislative framework defines:

1. Obligatory order of payment of owners of any property (commercial premises as well).
2. Amounts of payment (each subject of the federation assigns them independently).
3. Formulas for calculating the contribution (area * size of payment in the region).
4. Funds that accept funds and accumulate them (HOA, UK, ZhK).

Funds for the overhaul of an apartment building are distributed among all owners of a high-rise building, who can now be calm about the condition of their building. This will undoubtedly affect not only living conditions, but also the value of real estate.

Payment

Fee will be charged from January 1, 2014 and there are no time limits, which means a monthly payment of a fixed amount.

Many people ask the question of where to pay for overhaul apartment building... Fundraising can be carried out simply: they are transferred to a specific personal account or the account of a regional operator, which is decided on general meeting.

If the meeting did not take place, then money is automatically credited to the accounts of a regional operator, which is an extremely disadvantageous position for payers: the order of the queue, the bank, the timing of the restoration work will be determined by the operator.

Important! Residents, whose contributions for overhaul are accumulated on the accounts of homeowners' associations, management companies, non-regional housing complexes, can suspend payments by the decision of the owners of the house.

After the payment amount is established, each owner will receive a monthly receipt, and the total amount is different for everyone and depends on:

• the age of the building;
• presence / absence of an elevator;
• the area of ​​the payer's apartment;
• region.

Work is carried out on a first come, first served basis, to be established either by city officials or by residents (in the case of an independent Criminal Code). The dates of the deadlines and the queue are available to any citizen on the websites of the respective government agencies.

Nuances

Who pays for the overhaul: all owners privatized apartments ... State law provides for the exemption of some citizens from payment. In such a case, contributions for them are made by the state or compensated from the budget. the required amount.

How not to pay for overhaul and who can not pay for overhaul:

• owners of real estate that has been identified as being in emergency or for demolition;
• owners of real estate located on state land;
• retirees without a family at the age of 80 or more.

• citizens with (1-2 group);
• retirees 70 and over (single or family);
• disabled children and their guardians.

Do I need to pay for overhaul for all other categories. Yes, in mandatory, and each subject separately determines minimum amount payment, on average to owners it will cost 6-7 rubles per one square meter. meter of living space.

The owners simply do not have a choice whether to pay or not - for non-payment, an administrative penalty in the form of a fine is expected. In addition, a penalty is charged on the amount owed on a monthly basis. How to find out the debt for major repairs.

This can be done in three ways:

• apply to a fund or a management company;
• look at the website of your foundation;
• receive a notice along with other forms.

If you do not pay for repair work, you can get not only a serious fine, but also get a lot of problems.

Privileges

Do I need to pay for the overhaul in full? Not necessarily, there are preferential programs that citizens can take advantage of. They depend on the criteria adopted in individual regions and are regulated by laws No. 271-FZ and No. 176-FZ of the RF ZhK RF.

The amount of compensation depends on:

• owner status;
• the size of utility bills;
• the owner's income level;
• living space.

Whether or not to pay contributions can be found by contacting your local department of benefits and.

Under what program the owner can receive compensation or benefits for payments, the employees of the social protection authorities will explain.

A citizen will need to prepare a package of documents:

• documents confirming the basis for benefits;
• personal account;
• receipts;
• documents confirming the ownership of property;
• statement.

Federal laws compensating payments in the amount of 50% are determined for:

• participants in the liquidation of the accident at the Chernobyl nuclear power plant;
• veterans of labor, the Great Patriotic War and other military operations.

Unfortunately, today in many regions there are no additional preferential programs, in contrast to Moscow and the region.

Punishment for non-payment

Many property owners ask what will happen to those who do not pay these fees. The answer is quite simple - an administrative penalty, but its severity will depend on total amount debt. If you do not pay the required amount, then the owner of the apartment falls into those 11% who think they can get away with it.

When failure to pay such payments within 2 months in a row, the owner of the home receives a notification about the need to pay off the debt, if you do not pay further, then the owner will face legal proceedings, which, most likely, will result in a decision to pay not only the debt, but also the penalty along with legal costs.

Important! In addition to penalties, debtors can be arrested and confiscated, as well as banned from leaving the country.

The same applies to the privileged category of citizens: in the case of a 2-month debt, their subsidies are suspended, and if the notifications are ignored, they are invited to court. The basis for such an outcome of the case is Article 155 (part 14.1) of the LC RF.

New buildings

Do I need to pay for the overhaul to the residents of new buildings? The overhaul fee is charged from all property owners, regardless of the age of their home (with the exception of emergency buildings).

First you need to decide what is considered a new building. Usually these are buildings that were commissioned after July 1, 2016. All other buildings that were commissioned earlier are not considered new. However, there are several nuances that you need to know and take into account.

After the delivery certificate is signed, for another 5 years the object will be under the guarantee of the developer himself, so if problems arise, he is personally obliged to eliminate them without involving the management company. The charge for the overhaul is illegal. if the house is less than five years old, and the management company automatically sends receipts.

If the building is delivered before July 1, 2016 and there is no guarantee from the developer, the tenants must hold a meeting and resolve all issues. In any case, the overhaul fee will be charged from them. They should choose the company that will manage all the restoration work, their timing, and the bank. If there is a management company and a monetary fund, any restoration work can be carried out.

It should also be noted that each region has its own laws that determine the period without deductions for repairs after the delivery of a new building. For example, in the Saratov region it is only three years, and in Moscow it is five years. You should be careful about this and carefully study the laws regarding these issues. The payment for major repairs in the new building will be charged in accordance with local law.

Useful video: do I need to pay for a home overhaul

Contributions for major repairs are the responsibility of any citizen who owns real estate in high-rise buildings. Ignoring the rule results in an administrative penalty. You should not waste time looking for ways how not to pay for overhaul, it is better to follow the law. Who will take care of the overhaul of apartment buildings, if not the residents themselves.