Capital repairs in residential apartment buildings. What is included in the overhaul of a residential building? What does a major overhaul include?
COMMON PROPERTY IN APARTMENT BUILDINGS
GENERAL PROVISIONS ON MAJOR REPAIRS
COMMON PROPERTY IN APARTMENT BUILDINGS AND ORDER
ITS FINANCING
The list of services and works for the overhaul of common property in an apartment building, the provision and (or) implementation of which is financed from the overhaul fund, includes:
1) repair of intra-house engineering systems of electricity, heat, gas, water supply, sanitation;
2) repair or replacement of elevator equipment recognized as unsuitable for operation, repair of elevator shafts;
3) roof repair;
4) repair basements relating to common property in the house;
5) facade repair;
6) repair of the foundation of an apartment building.
By a regulatory legal act of a constituent entity of the Russian Federation, this list can be supplemented with services and works for the insulation of the facade, the reconstruction of an unventilated roof into a ventilated roof, the installation of exits to the roof, the installation of collective (common house) metering devices for the consumption of resources necessary for the provision of public services, and control and regulation units consumption of these resources and other types of services and works.
If the owners of the premises in an apartment building (hereinafter referred to as the owners) decide to establish a capital repair contribution in an amount exceeding the minimum capital repair contribution, the part of the capital repair fund formed from this excess can be used for financing by decision of the general meeting of owners any services and work on the overhaul of common property in an apartment building.
State authorities of the constituent entity of the Russian Federation adopt regulatory legal acts which, including:
the minimum amount of the contribution for the overhaul of common property in an apartment building is established;
establishes the procedure for monitoring the technical condition of apartment buildings;
a regional operator is created;
the procedure and conditions for the provision of state support are approved;
the procedure for the preparation and approval of regional programs and the requirements for these programs are established;
Regional program for the overhaul of common property in apartment buildings(hereinafter referred to as the overhaul) the deadlines for the overhaul of apartment buildings by the owners and (or) the regional operator are determined. The regional program is approved by the highest executive body of state power of the constituent entity of the Russian Federation.
The regional program is formed for the period necessary for the overhaul of common property in all apartment buildings located on the territory of a constituent entity of the Russian Federation, and includes:
list of all apartment buildings located on the territory of the subject of the Russian Federation, with the exception of emergency and subject to demolition. The regional program may not include apartment buildings, the physical deterioration of the main structural elements of which exceeds seventy percent, and (or) apartment buildings, in which the total cost of services and major repairs per one square meter the total area of residential premises exceeds the cost determined by the regulatory legal act of the constituent entity of the Russian Federation. At the same time, no later than six months from the date of approval of the regional program or the adoption of a decision to exclude houses from it, a regulatory legal act of a constituent entity of the Russian Federation should determine the procedure, timing and sources of financing for the reconstruction or demolition of these houses or other measures provided for by the legislation of the Russian Federation and ensuring housing rights of owners of residential premises and tenants of residential premises under social rental agreements in these houses. In accordance with the regulatory legal act of the constituent entity of the Russian Federation, houses with less than three apartments may not be included in the regional capital repair program;
list of services and works on capital repairs;
the planned period for the overhaul of common property;
other information to be included in the regional overhaul program in accordance with the regulatory legal act of the constituent entity of the Russian Federation.
The sequence of major repairs is determined in the regional program based on the criteria that are established by the law of the subject of the Russian Federation and can be differentiated by municipalities. As a matter of priority, a major overhaul should be provided for in houses where a major overhaul was required on the date of privatization of the first dwelling, but it was not carried out on the date of approval or updating of the regional program.
The regional program is subject to updating at least once a year.
State authorities of the subject of the Russian Federation and local governments are required to approve short-term (up to three years) plans for the implementation of the regional program.
The owners of premises in an apartment building are required to pay monthly contributions for the overhaul of common property in an apartment building,
in the amount established by the regulatory legal act of the constituent entity of the Russian Federation based on the total area of \u200b\u200byour residential premises, or in a larger amount if the corresponding decision is made by the general meeting of owners.
The obligation to pay contributions for capital repairs arises after eight calendar months, if more than early term not established by the law of the constituent entity of the Russian Federation, starting from the month following the month in which the regional overhaul program was officially published, in which this house is included.
Contributions for major repairs are not paid by the owners of the premises:
in an apartment building recognized as emergency and subject to demolition;
in the event that the authorized body makes a decision to withdraw a land plot for state or municipal needs and to withdraw each dwelling in this house, with the exception of dwellings owned by the right of ownership of the Russian Federation, a constituent entity of the Russian Federation or municipality. Owners of premises in an apartment building are exempted from the obligation to pay contributions for major repairs starting from the month following the month in which the decision to withdraw such a land plot was made;
upon reaching the minimum amount of the capital repair fund, the owners have the right to decide on the suspension of the obligation to pay contributions for capital repairs;
if, before the deadline for the overhaul established by the program, individual works provided for by the regional program were completed in the house, payment for these works was carried out without the use of budgetary funds and funds of the regional operator and re-performance of these works is not required, funds in the amount equal to the cost of these works, but not more than the marginal cost, are counted towards the fulfillment for the future period of obligations to pay contributions for capital repairs.
Capital repair fund and methods of its formation
capital repairs paid by the owners,
interest paid by the owners of such premises in connection with the improper fulfillment of their obligation to pay contributions for major repairs,
interest accrued for the use of funds held in a special account.
The owners have the right to choose one of the following ways to form the fund:
1) transfer of contributions for capital repairs to a special account in order to form a fund in the form of funds on a special account (hereinafter - the formation of a capital repair fund on a special account). Contributions shall be paid directly into such an account;
2) transfer of contributions for capital repairs to the account of the regional operator in order to form a fund in the form of obligations of owners of premises in an apartment building in relation to the regional operator (hereinafter - the formation of a capital repair fund on the account of the regional operator). Contributions are paid on the basis of payment documents submitted by the regional operator.
If the fund is formed on a special account, the decision of the general meeting of owners must determine:
the amount of the monthly contribution for major repairs not less than that established by the regulatory legal act of the constituent entity of the Russian Federation;
list of services and (or) major repairs;
timing of the overhaul;
owner of a special account;
credit institution in which a special account will be opened.
The method of forming the overhaul fund can be changed at any time based on the decision of the general meeting of owners of premises in an apartment building.
The funds of the fund can be used to pay for services and work on the overhaul of common property in an apartment building, the development of project documentation (if the preparation of project documentation is necessary in accordance with the legislation on urban planning), payment for construction control services, repayment of loans, loans, received and used in order to pay for the specified services, works, pay interest for the use of such credits, loans, pay the costs of obtaining guarantees and guarantees for such credits, loans.
If an apartment building is recognized as emergency and subject to demolition or reconstruction, the funds of the fund are used for the purpose of demolition or reconstruction of this house.
The article will help you find out what are the differences between major and current repairs and what is included in the common property of the house
Do you know what is the difference between the current repair and the overhaul? And who should pay their cost? How often should major home repairs be carried out and who is responsible for such actions? We will give detailed answers to these and other questions within the framework of the topic “Current and overhaul of apartment buildings” in this article.
Common property of an apartment building
Since the maintenance and overhaul of apartment buildings refers specifically to common property, it would be appropriate to list what is included in it.
Simply put, common property includes everything that does not belong to specific owners, namely:
- Foundation.
- Facade.
- Roof.
- Water supply risers (hot and cold).
- Basement and equipment in it.
- Heat supply of the entrance.
- Entrance power supply.
- Room and elevator shaft.
- Mailboxes.
- Home security system (entrance door, intercom, video surveillance, security equipment, etc.)
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Overhaul
Overhaul apartment building- this is work in order to eliminate malfunctions of worn-out structures of a house, including their restoration or replacement.
Comprehensive overhaul is the repair of the entire building as a whole.
Selective overhaul is a repair of individual building structures or individual engineering equipment.
Many citizens of our country are dissatisfied, and often extremely indignant, having to pay for the cost of major repairs in 2020. This is explained by the fact that the sums of money have to be paid, regardless of whether this repair is required for this moment or you can do without it. In other words, people have to give money for repairs that can be carried out even in a few years.
Well, what to do?! According to federal and regional laws, Russians are required to pay contributions for capital repairs. The amount of payment is determined at the regional level, and the requirement itself has a legislative form in the form of amendments to the Housing Code Russian Federation.
Owners have the right to choose the method of accumulating funds that will be used for overhaul. They can be placed on the account of the regional operator or on a special bank account.
According to the regional program, funds for capital repairs come from several sources:
- Payment for homeowners.
- Funds from the regional budget.
- Means of the housing and communal services fund.
The minimum amount of contributions is determined by the regional authorities, but at the request of the owners at the general meeting, it can be increased.
In most cases, it is impossible to refuse to pay for major repairs. Otherwise, this can lead to problems in the form of debt accumulation and penalties in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation for each overdue day. The procedures that can be applied to citizens who do not make contributions to the overhaul fund are regulated by the legislation of the Russian Federation.
As for the total debt of the owners of a separate apartment building, if the amount of payments is less than 50% of the amount of invoices submitted for payment, the state housing supervision authority is given 5 months to correct this situation.
If, after a certain time, the debt is not repaid, then the local government is notified about this, whose competence includes making decisions on transferring funds from the special account to the account of the regional operator. If the account holder refuses to take such actions, then in accordance with parts 8-10 of article 173 of the Housing Code of the Russian Federation, funds can be recovered in court.
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How to make repairs at the expense of overhaul funds?
It will depend on who will be involved in the overhaul (terms of reference, design estimates, construction supervision, customer, developer, etc.) or the owners themselves or they agree to take it upon themselves. Therefore, solutions may vary. Residents themselves choose a contractor and construction control, or authorize the MA, UK (with her consent) for all the troubles.
And do not forget that they have the right to offset the funds spent on overhaul against future contributions, if the next similar overhaul does not occur earlier than in the regional program
Who is exempt from maintenance fees?
Only residents of houses that are in emergency condition, subject to reconstruction or demolition, have the right not to contribute funds to the fund for the overhaul of apartment buildings. If the house was recognized as emergency after it was included in the overhaul program, then the funds from the fund will have to be used for the purpose of its reconstruction and demolition (according to Part 2 of Article 174 of the Housing Code of the Russian Federation).
According to Part 1 of Article 168 of the Housing Code of the Russian Federation, houses with less than three apartments should not be included in the overhaul program.
Rules for the overhaul
The rules for the overhaul are that it should begin no earlier than 9.00 am and end no later than 19.00. During the entire specified period of time, workers have the right to perform noisy work. On holidays and weekends, such work should not be carried out, since residents have the right to rest during the specified period. In turn, apartment owners need to be prepared for the fact that the overhaul of their home can take from 6 to 12 months. AT this case the speed depends on the complexity of the work performed and on the quickness of the workers performing them.
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Current repair of an apartment building
The current repair of an apartment building is a pre-planned work that is carried out in a certain time period (once a quarter, once a year).
Current repairs in an apartment building are carried out exclusively in relation to the common property of residents. In other words, such repairs will be completed to the door of the apartment.
List of works that are included in the payment for Maintenance:
- Sealing cracks and seams in walls and foundations.
- Sealing of wall cracks and seams.
- Relaying of some sections of brick walls.
- Sealing cracks and potholes in block and panel walls.
- Sealing seams and joints.
- Seal of openings of facades and walls.
- Restoration of individual sections of walls and cornices.
- Restoration of damaged plaster.
- Cladding restoration.
- Repair of individual architectural details that may fall.
- Stucco restoration.
- Restoration of waterproofing sections of the foundation.
- Strengthening the foundation.
- Change of individual sections of the foundation.
- Repair and ventilation device.
- Repair or change of blind area.
- Restoration of basement entrances.
- Sandblasting and washing of facades, balconies and loggias up to the 2nd floor.
- Insulation of windows in separate rooms that tend to freeze through.
- Replacement of drains on window openings.
- Repair and painting of facades of buildings (one-story and two-story).
- Partial replacement or reinforcement of wooden floor elements.
- Restoration of screed and backfill.
- Antisepsis wooden structures and their fire protection.
- Sealing of seams in joints of prefabricated reinforced concrete floors.
- Sealing cracks in reinforced concrete structures.
- Insulation of attic steel beams.
- Painting of attic beams.
- Strengthening the elements of the truss system.
- Change of individual rafters.
- Replacement of drainpipes.
- Partial roof replacement.
- Roof repairs..
- Replacement of individual sections of parapet gratings.
- Replacement of fire escapes and fences.
- Replacement of grounding devices at home.
- Restoration of eaves and ridge ventilation products.
- Repair of the attic covering (restoration of the insulating and waterproofing layer).
- Dormers repair.
- Rooftop repairs.
- Equipment for fastening safety ropes.
- Replacement of doors and windows.
- Replacement of door and window fixtures.
- Installation of springs, stops and closers.
- Replacing and strengthening certain sections of wooden partitions.
- Sealing of cracks in slab partitions.
- Repair of potholes and cracks in stairs and platforms.
- Partial replacement of steps and railings.
- Strengthening metal and wooden railings.
- Replacement of balcony railings.
- Installation and restoration of umbrellas over the entrances to the entrance.
- Installation of canopies over the entrances to the basement.
- Replacement of some sections of floors.
- Replacement of waterproofing floors.
- All types of work on troubleshooting furnaces and their relocation.
- Relocation of some sections chimneys and pipes.
- Restoration of interior decoration (plaster, cladding, stucco, rosettes, etc.).
- Change of individual sections of pipelines.
- Installation of air faucets, if necessary.
- Insulation of pipes and expansion tanks.
- Relocation of boilers and pipes in the boiler room.
- Restoration of destroyed thermal insulation.
- Replacement of some electric motors and low power pumps.
- Storm drain and drain cleaning.
- Works on the repair of water supply and sewerage (replacement of internal fire hydrants, change of mixers, siphons, individual sections of the pipeline, replacement of individual units of water heaters, replacement of pumps and electric motors, insulation of water tanks, etc.).
- Replacement of individual sections of ventilation.
- Electrical and electrical repair work technical devices(replacement of faulty sections of the building's electrical network, with the exception of residential apartments, replacement of sockets and switches, lamps, fuses, shields, etc.).
- Repair of special general house technical devices (built-in and roof boilers for heating and hot water supply, pumping units, wastewater treatment and reception plants, general house installations for forced ventilation in buildings with nine or more floors, fire extinguishing and smoke removal systems, intercoms, elevators, automated heating points, heat and water consumption metering units, dispatching systems, etc.).
- Repair of separate sections of destroyed sidewalks, paths and blind areas.
- Restoration of flower beds, lawns, sowing of lawns, planting shrubs and trees.
- Equipment of playgrounds (children's, sports, household, etc.).
- Equipment of platforms for dustbins and containers.
IMPORTANT! The list of works is necessarily reflected in the contract with the management company.
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The Prosecutor General's Office recognized the overhaul fees as unconstitutional
The Prosecutor General's Office agreed with the arguments of the deputies of the Just Russia party regarding the illegality of extortions for the overhaul of apartment buildings.
The party reports that the Prosecutor General's Office considers justified the arguments of the applicants about the inequality of the position of the owners who form the capital repair fund on the account of the regional operator, and the citizens who collect these funds on a special bank account.
The challenged norm does not specify the volumes and terms of the disposal of financial resources and does not determine the procedure for their return, which may create conditions under which the owners of the premises will not be able to dispose of the money transferred to the operator's account. This leads to a violation of the Constitution, according to the recall of the Prosecutor General's Office.
In turn, Ella Pamfilova, Commissioner for Human Rights in the Russian Federation, emphasizes that operators, by transferring money collected in one house for repairs in another, in fact, dispose of the funds of some owners without permission to fulfill obligations to others.
Earlier, bill No. 986339-6 was submitted to the State Duma, aimed at creating alternative financing options for the overhaul of common property in apartment buildings.
It is proposed to provide the owner with the right to voluntarily choose the following methods of financing: formation of a capital repair fund; common property insurance and one-time cash fees.
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The State Duma proposed to suspend the payment of contributions for overhaul
A bill has been submitted to the State Duma to suspend for five years the operation of Articles 169 and 170 of the Housing Code of the Russian Federation in terms of the obligation to pay contributions for the overhaul of common property in an apartment building.
The authors of the project note that there is a growing distrust in the society towards the very mechanism of overhaul, towards regional operators, and as a result, towards the authorities in general, since people see this reform as just another extortion.
In this regard, it is proposed to suspend for 5 years the obligation to pay contributions for the overhaul of common property in an apartment building and the formation of a capital overhaul fund. Presumably, this will provide an opportunity to develop a fundamentally new, working model of the overhaul system in the Russian Federation.
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| Mayor of Moscow | S.S. Sobyanin |
Order
establishing the need for a major overhaul of common property in apartment buildings in the city of Moscow
1. The procedure for establishing the need for a major overhaul of common property in multi-apartment buildings in the city of Moscow (hereinafter referred to as the Procedure) determines the rules for establishing the need for a major overhaul of common property in multi-apartment buildings included in the regional program for the overhaul of common property in multi-apartment buildings in the city of Moscow for 2015-2044, approved by Decree of the Government of Moscow dated December 29, 2014 N 832-PP "On the regional program for the overhaul of common property in apartment buildings in the city of Moscow" (hereinafter referred to as the regional program), in cases provided for in clause 2 of part 4 of article 168, part 5 of article 181, part 7 of article 189 of the Housing Code of the Russian Federation.
2. The need for a major overhaul of common property in an apartment building (hereinafter referred to as a major overhaul) is established by a commission to determine the need for a major overhaul, created by the Department of Capital Repairs of the city of Moscow (hereinafter referred to as the Commission), taking into account the methodological recommendations approved in the established manner for determining the need for a major overhaul common property in an apartment building:
2.1. In the case provided for by Part 5 of Article 181 of the Housing Code of the Russian Federation, upon receipt by the Department of Capital Repairs of the City of Moscow of a message from the Fund for the Capital Repair of Apartment Buildings of the City of Moscow (hereinafter referred to as the Fund) about the receipt in the manner established by the Decree of the Government of Moscow dated June 6, 2016 No. N 306-PP "On approval of the Procedure for offsetting funds in an amount equal to the cost of previously provided individual services and (or) performed individual work on the overhaul of common property in an apartment building", a statement of offsetting funds in an amount equal to the cost of previously provided individual services and (or) performed individual work on the overhaul of common property in an apartment building, from a representative of the owners of premises in an apartment building (hereinafter referred to as an application for offsetting funds against a previously completed overhaul).
2.2. In the case provided for by Part 7 of Article 189 of the Housing Code of the Russian Federation, upon receipt by the Department of Capital Repairs of the City of Moscow of information that the capital repairs in an apartment building, the owners of the premises in which form the capital repairs fund on a special account, have not been carried out on time, provided by the regional program.
2.3. In the case provided for by clause 2 of part 4 of Article 168 of the Housing Code of the Russian Federation, upon receipt by the Department of Capital Repairs of the City of Moscow of an application with the application of an act of inspection of the technical condition of an apartment building on the postponement of the established period of capital repairs to a later period, reduction of the list of planned types of services and (or) major repairs due to the fact that the provision or performance of the planned type of services and (or) major repairs of common property in an apartment building within the time period established by the regional program are not required from the owners of premises in an apartment building who have at least 10 percent of the votes of the total number of votes of the owners of premises in an apartment building, or from a person who manages an apartment building or provides services and (or) performs work on the maintenance and repair of common property in an apartment building (hereinafter referred to as the managing organization), or from F onda (hereinafter referred to as the appeal for the postponement of the deadline for the overhaul in the regional program).
3. The Commission includes representatives of the Department of Capital Repairs of the city of Moscow, the State Housing Inspectorate of the city of Moscow, the Fund, the managing organization, as well as representatives of the owners of premises in an apartment building.
Regulations on the Commission, the procedure for its work are approved by the Department of capital repairs of the city of Moscow.
4. In the event that the Department of Capital Repairs of the City of Moscow receives a message from the Fund on the received application for offsetting funds against previously completed capital repairs, the Commission shall take one of the following decisions:
4.1. On the need to re-render services and (or) re-perform major repairs in terms of individual structural elements relating to common property in an apartment building, within the time period established by the regional program.
4.2. On the absence of the need to re-render services and (or) re-perform capital repairs in terms of individual structural elements related to common property in an apartment building, within the time period established by the regional program.
5. When the Commission makes a decision provided for in clause 4.1 of this Procedure, the Department of Capital Repairs of the city of Moscow, no later than 5 working days from the date of the decision by the Commission, notifies the Fund of the need for a major overhaul within the time limits established by the regional program.
6. When the Commission makes a decision provided for in paragraph 4.2 of this Procedure, the Capital Repair Department of the city of Moscow:
6.1. Prepares proposals for updating the regional program in terms of postponing the term for the repeated provision of services and (or) the repeated performance of work on the overhaul of individual structural elements related to common property in an apartment building to a later period no later than 30 calendar days from the date of adoption by the Commission solutions.
6.2. Notifies the Foundation of decision in a manner confirming the receipt of the said notification, no later than 5 working days from the date of the Commission's decision.
7. In the event that a major overhaul in an apartment building, the owners of the premises in which form a major overhaul fund on a special account, is not carried out within the time period provided for by the regional program, the Commission shall take one of the following decisions:
7.1. The need for a major overhaul.
7.2. On the possibility of providing services and (or) performing major repairs in more late dates than the deadlines set in the regional program.
8. When the Commission makes a decision provided for in paragraph 7.1 of this Procedure, the Capital Repair Department of the city of Moscow:
8.1. Makes a decision on the formation of a capital repair fund on the account of a regional operator in the manner prescribed by part 7 of article 189 of the Housing Code of the Russian Federation.
8.2. Prepares proposals for updating the regional program no later than 30 calendar days from the date of the Commission's decision.
8.3. Notifies the owner of the special account, the managing organization, the State Housing Inspectorate of the City of Moscow, the Fund of the decision taken in a manner confirming the receipt of the said notification, no later than 5 working days from the date of the decision by the Commission.
9. When the Commission makes a decision provided for in paragraph 7.2 of this Procedure, the Capital Repair Department of the city of Moscow:
9.1. Prepares proposals for updating the regional program in terms of postponing the period for the provision of services and (or) the performance of major repairs to a later period no later than 30 calendar days from the date of the Commission's decision.
9.2. Notifies the owner of the special account, the managing organization, the State Housing Inspectorate of the City of Moscow of the decision made in a manner confirming the receipt of the said notification, no later than 5 business days from the date the decision was made by the Commission.
10. In the event that the Department of Capital Repairs of the City of Moscow receives an application for the postponement of the deadline for the completion of capital repairs in the regional program, the Commission shall take one of the following decisions:
10.1. On the need for major repairs within the time frame established in the regional program.
10.2. On the possibility of providing services and (or) performing major repairs at a later date than the deadlines established in the regional program.
11. When the Commission makes a decision provided for in clause 10.1 of this Procedure, the Department of Capital Repairs of the City of Moscow notifies the person who sent the request for the postponement of the deadline for the completion of major repairs in the regional program, in a way confirming receipt of the said notification.
12. When the Commission makes a decision provided for in paragraph 10.2 of this Procedure, the Capital Repair Department of the city of Moscow:
12.1. Prepares proposals for updating the regional program in terms of postponing the period for major repairs no later than 30 calendar days from the date of the Commission's decision.
12.2. Notifies the owners of premises in an apartment building, the managing organization, the State Housing Inspectorate of the City of Moscow, the Fund of the decision taken in a manner confirming the receipt of the said notification, no later than 5 working days from the date of the decision by the Commission.
13. The regional program is subject to updating based on the proposals of the Department of Capital Repairs of the city of Moscow, specified in paragraphs 6.1, 8.2, 9.1 and 12.1 of this Procedure, at least once a year.
14. Decisions of the Commission on the need for major repairs must contain the address of the apartment building, the name of the types of work and (or) services for major repairs, the need for which is established by the Commission, the period for such works and (or) the provision of such services for major repairs.
Document overview
The need for overhaul of common property in an apartment building is established by a commission established by the Capital Repair Department. The commission includes representatives of the Capital Repair Department, the State Housing Inspectorate, the Capital Repair Fund for Moscow apartment buildings (hereinafter referred to as the Fund), the managing organization, representatives of the owners of premises in an apartment building.
In the event that the Department receives a message from the Fund about the received application for crediting funds towards the previously completed overhaul, the commission decides on the need for a repeated overhaul or on the absence of the need for it. In the first case, the Department notifies the Foundation of the need for a major overhaul within the time frame established by the regional program. In the second case, the Department prepares proposals for making changes to the regional program in terms of postponing the deadline for the completion of overhaul works to a later period.
If a major overhaul in an apartment building, the owners of which form a major overhaul fund on a special account, is not carried out within the time period provided for by the regional program, the commission decides on the need for a major overhaul or on the possibility of a major overhaul at a later date than established in the regional program.
When the Department receives a request to postpone the overhaul, the commission also makes a decision on the need for overhaul within the time frame set in the regional program, or on the possibility of overhaul at a later date than those set in the regional program.
The regional program may be adjusted based on proposals received from the Capital Repairs Department at least once a year.
Carrying out a major overhaul is an issue that concerns each management company and any of the residents. In this article, we will look at how general principles organization of overhaul, as well as individual non-obvious subtleties that will help the management company to build the process more efficiently and at lower cost.
How to organize and carry out a major overhaul
structural elements, engineering systems and the equipment of apartment buildings gradually wear out, and therefore require periodic intervention to restore normal condition. These procedures make up the overhaul, which is planned in each MKD. The procedure for its implementation with the latest changes will be considered in this article.
General principles for the overhaul of MKD
A list of sanitary and technical requirements is presented for apartment buildings. If the current repair does not allow to bring the building in line with regulatory documents, then a major overhaul is carried out. During it, the main elements and structures of the MKD are restored or replaced.
The procedure for carrying out a major overhaul involves the mandatory coordination of events at a general house meeting. Until recently, residents claimed everything related to:
- list of work performed;
- cost estimates;
- deadlines;
- funding sources;
- persons accepting work from the owners of apartments.
In the fall of 2017, the rules for major repairs were significantly revised. In accordance with them, for example, the OSS is no longer involved in approving the overhaul estimates. This applies even to those cases where the formation of the capital repair fund takes place on a special account.
The need for major repairs of residential facilities is regulated by law. It must be carried out for buildings with the following wear:
- wooden - from 65 percent;
- stone - from 30 to 70 percent.
How is the overhaul carried out
It must be remembered that in the concept of overhaul there is a distinction between its complete and selective implementation. Selectively, it is carried out only for a part of the MKD elements that need urgent updating. Complete overhaul by regulatory documents must be carried out 30 years after the house began to be used, selective - after 20 years. For structural elements of buildings, the specific service life is determined by the material of manufacture. For example, foundations, walls and ceilings can last from 30 to 80 years, and interior decoration- from 3 to 30 years.
During the construction process, each house has technical certificate, which displays, among other things, the state of its elements. The need for overhaul of MKD is determined, among other things, according to information from this document. Whether it is necessary to repair the house is decided by a special commission, consisting of specialists from different departments. They preliminarily inspect the buildings and make a decision on the need for certain activities.
Residents can also influence whether it is necessary to carry out major repairs in an apartment building. Owners have the right to refuse certain jobs if they feel the house can do without them. However, in relation to elevators, critical communications and important elements of the building, work will have to be carried out without the consent of the apartment owners.
Raising funds to finance the overhaul
Capital repairs of multi-apartment residential buildings are carried out at the expense of funds collected from residents in the form of mandatory monthly contributions. Apartment owners choose one of the options for forming a capital repair fund:
- at a regional operator (in a common boiler);
- on a special account relating only to a particular house.
The main advantage of using a special account is the freedom to dispose of the funds collected on it. In this case, the tenants themselves determine when the overhaul work will be carried out in the apartment building. They do not depend on the decisions regarding the order of work, taken at the regional level. The downside of owning an account is the need to spend time and effort on opening and maintaining it. In all details, work with a special account is described in an expert article in our magazine.
If the apartment owners do not choose independent way raising funds for overhaul, then the funds regularly paid by them are sent by default to the regional operator. The RO accumulates funds and is responsible for the overhaul of the common property in the MKD, but does not carry out the work itself. The Regoperator engages the necessary contractors and ensures that they meet deadlines and quality requirements.
Many believe that the funds sent to the RO are lost for the Criminal Code and the HOA. However, in reality this is not the case. Management organizations themselves may well become contractors, that is, those who carry out major repairs. In this case, they can earn on the performance of work, even if the funds for them are collected on the account of the regional operator. How exactly to do this is described in the article by the editor-in-chief of the magazine “Management of an apartment building”. From the material you will learn:
- what you need to do to participate in the pre-selection;
- how electronic auctions are conducted;
- What are the criteria for choosing a winner?
If funds are collected on a special account of a particular house, then the managing organization, HOA or cooperative is considered its owner. In this case, the management company is more free to dispose of its own funds, since the issues of their allocation for repair work are decided by the residents of the OSS themselves. However, this does not mean that the management company always has enough money for everything.
It often happens that the State Housing Inspectorate issues an order on the need to repair, for example, the roof, and the accumulated funds are not enough for this. Naturally, the inspectors do not care about how the Criminal Code will finance the repair work. GZhI is important the result, which is the executed prescription. In its absence, the responsible organization will face fines and other sanctions.
If there is not enough money, then they can be borrowed. This issue is devoted, in which the following points are considered:
- what are the general rules for capital repairs;
- how financing is carried out if the work is carried out ahead of schedule;
- how is a bank loan issued for a major overhaul;
- how loans are issued to owners.
The issue of capital repairs lending is becoming more and more frequent, because not only the regulatory authorities, but also the residents themselves often want to see the result immediately. Some management companies and homeowners associations are switching to the practice of using exclusively borrowed money. They first carry out the necessary repairs, and only then begin to collect money for them. How exactly to organize this process, in which regular contributions from tenants will be directed to repay a loan for repairs already made, is described in the case of the Kalininets HOA from the Rostov Region.
Many believe that the collection of funds for major repairs from residents and their accumulation in the account is an endless process, carried out from the commissioning of the MKD (adjusted for new buildings) to the demolition of the building. It actually works a little differently. In some cases, the collection of money can even be suspended, but this is true only for houses where funds are accumulated in a special account.
For special accounts, regional authorities determine the minimum amount of the KR fund, and when it is reached, the collection can be temporarily suspended. The opinion of the owners, who have the right to increase the amount of contributions in order to carry out some additional work in the house, is also important here. The topic of the termination of overhaul fees is discussed in more detail in a special article. This includes answers to the following questions:
- 5 cases when funds are not collected;
- how much you need to accumulate to suspend the collection of contributions;
- for how long the collection of contributions is suspended;
- Is it possible to stop fundraising?
As an exception, mention should be made of houses to which the state is obliged to provide financial assistance in carrying out major repairs. From the end of 2017, a special procedure is provided for apartment buildings that needed major repairs even before the first apartment was privatized in them. There are few such houses in the country, but they exist, and their owners can count on state assistance. How exactly this process is organized, and how much assistance can be obtained, is described in the article of the magazine "MKD Management" for August 2018.
The overhaul of an apartment building includes a complex repair work aimed at eliminating significant shortcomings of the building, including in order to prevent possible negative consequences. Since 2014, the state has actually relieved itself of responsibility for the implementation of these measures, now this obligation has been assigned to the owners of residential and non-residential premises of the house.
What it is
The definition of overhaul and related work is regulated in civil law, and the features of carrying out similar activities with residential real estate are disclosed in the norms of the Housing Code of the Russian Federation and other acts of the housing sector. By general rule, the composition of the overhaul of the property includes:
- a set of works related to the replacement or restoration of individual parts and elements of load-bearing building structures and ceilings;
- similar work on building structures or parts thereof that are not included in the list of load-bearing structures;
- restoration, or full or partial replacement of engineering and technical communications of an apartment building.
With regard to the overhaul of the housing stock, these general directions construction works will be disclosed in the list of common house property of a particular house to be replaced or restored.
Based on the characteristics of the housing stock, major repairs can be carried out in the form of planned or emergency works. Unscheduled works are ordered in the following cases:
- if the current state of structures can lead to significant damage or destruction of the object;
- if the impact of force majeure circumstances of a spontaneous and sudden nature is determined (for example, destructive natural phenomena);
- if the condition of individual load-bearing or other building structures interferes with the main purpose of the multi-apartment building - the safe living of citizens.
The law allows repairs to buildings officially recognized as emergency only to eliminate the threat to the safety of residents until other residential premises are allocated to them.
Carrying out scheduled repairs is carried out by including multi-apartment buildings in regional lists (registries) maintained by the executive authorities of the constituent entities of the Russian Federation. The compilation of these lists is one of the elements of the mechanism for reforming the housing stock, since funds for the next stage of overhaul are accumulated through transfers (contributions) from homeowners.
The specified list provides for the assignment of the overhaul of each house to a certain calendar period - a year. Since the lists are approved at the regional level and are made publicly available, interested persons have the opportunity to determine at any time whether their house is included in the register for overhaul, and in what year the planned work will be carried out.
With the introduction of the Housing and Utilities Reform Fund, the formation of a list necessary work overhaul is carried out in two stages:
- a mandatory regulated list of works approved at the federal level (it cannot be changed even by decision of the owners of residential premises);
- an additional set of works, the list of which can be determined by the residents of an apartment building at their own decision of the owners of residential premises.
An additional list of construction works will be limited only by the amount of contributions collected and accumulated by citizens at the time of the conclusion of the contract. Moreover, if these funds are not enough for the planned repair purposes, they can apply for a loan in banking institutions.
The federal list of works on the overhaul of multi-apartment buildings includes:
- engineering communications located within the building and included in the common property - elements of water supply and sanitation; heating system; electrical communications; gas supply system (the list also provides for the replacement of stove heating with central heating, if this is allowed design features building);
- elevator maintenance system (restoration or replacement of individual elements or the entire system);
- repair and restoration work on the roof of the building;
- performance of construction work on the elements of the foundation or basement;
- carrying out repair and restoration work on the facade of the building.
It should be borne in mind that this federal list can be expanded at the level of subjects of the Russian Federation. It depends on the features of the operation of the housing stock, the degree of deterioration of multi-apartment buildings, the financial possibilities of the budget and the size of the contribution of residents. In particular, the overhaul works include insulation of interpanel seams and facades of the building, installation of energy meters, etc.
If the owners of residential premises decide to open a special account for the collection and management of overhaul contributions, they can simultaneously set an increased amount of payments with an expansion of the list of works. This decision should be brought to the attention of the regional operator, and overhaul using special account funds should be carried out no later than the regulated deadlines.
The regulated and additional list of overhaul works will be carried out under the contract. If the management of citizens' contributions is carried out by a regional operator, an open competition will be held for the right to carry out a major overhaul. For this, information from the list of multi-apartment buildings will be used, including when determining the timing of work. Accordingly, if, by decision of the homeowners, the overhaul is carried out earlier than the deadlines specified in the regional list, additional types of work will be included in the contract.
For the actual performance of work on the overhaul of the housing stock, regional authorities can finance the following list of related services at the expense of citizens' contributions:
- carrying out activities for the inspection of an apartment building or its individual structures, as well as the preparation of estimate documentation;
- ordering author's architectural design documentation;
- inspection of engineering and technical communications;
- carrying out inventory measures to determine the normative and actual depreciation of an apartment building.
Based on the collected information about the condition of the house, a comprehensive or selective overhaul will be carried out. In case of selective repair, only individual building structures and elements of the building are subject to replacement and restoration, while complex work will be aimed at eliminating the shortcomings of the whole building.
Thus, the owners of residential premises can determine in advance the list of mandatory works that will be performed on their apartment building. If necessary, this list can be expanded in a timely manner due to the increased amount of citizens' contributions.
