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Overhaul of an apartment building: what does it include? Organization of the overhaul Works related to the overhaul of MKD

THE GOVERNMENT OF MOSCOW

RESOLUTION

On the size of the marginal cost of works and (or) services for the overhaul of common property in apartment buildings in the city of Moscow, which can be paid by the Capital Repair Fund apartment buildings Moscow cities *

Document as amended by:
(Official website of the Mayor and the Government of Moscow www.mos.ru, 21.10.2015);
Decree of the Government of Moscow of December 1, 2015 N 821-PP (Official website of the Mayor and the Government of Moscow www.mos.ru, 07.12.2015);
(Official website of the Mayor and the Government of Moscow www.mos.ru, 12.04.2016);
Decree of the Government of Moscow of July 6, 2016 N 390-PP (Official website of the Mayor and the Government of Moscow www.mos.ru, 07.07.2016);
Decree of the Government of Moscow of November 28, 2016 N 786-PP (Official website of the Mayor and the Government of Moscow www.mos.ru, November 28, 2016);
Decree of the Government of Moscow of December 21, 2016 N 902-PP (Bulletin of the Mayor and the Government of Moscow, N 72, volume 5, 12/30/2016);
Decree of the Government of Moscow of February 20, 2018 N 85-PP (Official website of the Mayor and the Government of Moscow www.mos.ru, February 21, 2018);
Decree of the Government of Moscow of February 27, 2018 N 126-PP (Official website of the Mayor and the Government of Moscow www.mos.ru, February 28, 2018);
(Bulletin of the Mayor and the Government of Moscow, N 25, 05/07/2019).
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* Name as amended, put into effect on May 18, 2019 by Decree of the Government of Moscow dated April 2, 2019 N 297-PP ..

In accordance with article 185, part 4 of article 190 of the Housing Code of the Russian Federation, as well as part 2 of article 7 of the Law of the city of Moscow dated January 27, 2010 N 2 "Fundamentals of the housing policy of the city of Moscow" The Government of Moscow

decides:

1. The clause became invalid from May 18, 2019 - ..

2. Determine that:

2.1. The amount of funds that the Capital Repair Fund for Moscow apartment buildings (hereinafter referred to as the Fund) is entitled to spend annually to finance the regional program for the overhaul of common property in apartment buildings in Moscow (hereinafter referred to as the regional program) (the amount of funds provided at the expense of capital funds repair, formed by the owners of premises in apartment buildings, the common property in which is subject to major repairs in the future period) is determined by the Department of Capital Repairs of the City of Moscow in the amount of no more than 97 percent of the amount of the projected volume of contributions for overhaul in the current year and the balance of funds not used by the Fund in the previous period.
(Clause 2.1 as amended by Decree of the Government of Moscow of October 20, 2015 N 683-PP; as amended by Decree of the Government of Moscow of April 12, 2016 N 164-PP.

2.2. The clause became invalid on April 23, 2016 - Decree of the Government of Moscow dated April 12, 2016 N 164-PP ..

2.3. The clause has become invalid - Decree of the Government of Moscow dated October 20, 2015 N 683-PP ..

2.4. The size of the marginal cost of works and (or) services for the overhaul of common property in apartment buildings in the city of Moscow, which can be paid by the Capital Repair Fund for Moscow apartment buildings, is established by the Department of Capital Repairs of the City of Moscow, taking into account the methodological recommendations approved by the Ministry of Construction and Housing public utilities Russian Federation.
(Clause 2.4 is additionally included from May 18, 2019 by Decree of the Government of Moscow dated April 2, 2019 N 297-PP)

3. Control over the implementation of this resolution shall be entrusted to the Deputy Mayor of Moscow in the Government of Moscow for housing and communal services and landscaping Biryukov P.P.

Mayor of Moscow
S.S. Sobyanin

Appendix. The size of the marginal cost of works and (or) services for the overhaul of common property in apartment buildings in the city of Moscow, which can be paid by the Fund for the capital repairs of apartment buildings in the city of Moscow

Appendix
to the Decree of the Government of Moscow
dated February 27, 2015 N 86-PP
(As amended by
since December 18, 2015
Decree of the Government of Moscow
dated December 1, 2015 N 821-PP. -
See previous edition)

The size of the marginal cost of works and (or) services for the overhaul of common property in apartment buildings in the city of Moscow, which can be paid by the Fund for the capital repairs of apartment buildings in the city of Moscow

____________________________________________________________________
Expired on May 18, 2019 -
Decree of the Government of Moscow dated April 2, 2019 N 297-PP. -
See previous edition
____________________________________________________________________

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

Information about what is included in the overhaul apartment building useful to all residents. Consider the main rules that apply in 2020.

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An acute question that has been facing government agencies and management companies, as well as apartment owners for many years, is how to ensure the maintenance of housing and carry out major repairs.

Citizens have a large financial burden on the maintenance of property objects, which are common houses, and the housing stock is significantly worn out.

Key Aspects

Therefore, it is important to consider the concept of "overhaul", and determine the main nuances that are associated with this.

Definitions

The concept of overhaul is mentioned in. Work is intended to include:

change building structures and their components;
change or restore engineering technical communications;
restore or change parts of the supporting building structures.

Eliminate any malfunction of the worn-out part of the common house property. It is changed to a better one or restored.

In the presence of technical capabilities, the building is modernized, taking into account modern requirements, and improving the comfort of living.

For what purpose is

Repair can be:

Capital repairs can be scheduled and unscheduled (emergency), carried out to restore the damage caused by the building structure of the facility in an emergency.

Legal grounds

It is necessary to be guided by the norms of such documents:

- this (contains a list of work to be performed), etc.
, in accordance with which the overhaul must be carried out by the owner of the premises.
GK - for example,.

What is included in the concept of major repairs of an apartment building

The question is often asked about what exactly to attribute to a major overhaul. Therefore, we present the following information.

What does the law say

The law delimits the obligations for the overhaul of an apartment building between the owners and the regional authorities.

The territorial authorities perform an organizing and controlling function, while the owners must raise funds that will be used to pay for the work.

When the law came into force, each subject of the Russian Federation had to prepare normative documents who will consider the issue of major repairs.

Subjects:

set a list of work that must be completed without fail, as well as a deadline;
determined regional operators;
adopted documents that spelled out the procedure for the work, the amount of the fee, appointed a structure that will control the process.

List of included works

In the presence of accumulations, it is possible to perform a large list of works involving installation and repair and restoration process.

We list what is included in the overhaul of the facade of an apartment building	They restore the plaster of the facade, seal panel joints, insulate structures, change windows and balconies, repair balconies and loggias with glazing, arrange canopies over the upper floor loggia, arrange the entrance to the entrance, paint the facade, install flag holders, street signs
We also find out what is included in the overhaul of the roof of an apartment building	They repair and change individual elements of the roof, carry out fire-fighting treatment from wood, restore the temperature regime, humidity in the attic, change the element of the roof and the external drain
From the side of the engineering system	Repair and change the heating system, water, gas and other systems, ventilation, sewer system, install counters, change elevators, garbage chutes. It is supposed to repair video surveillance, a subscriber device, a communication line, a low-current device
In public areas	Restore lighting fixtures, seal communication joints with the foundation, eliminate flooding, arrange an entrance to the basement, equip a concierge room
When landscaping	Adhere to documents that have been approved by the county architectural planning office

They also restore and improve the entrance platforms and door fillings.

They change and repair the lighting in the entrance, change the doors, strengthen, change the stairs, repair the entrance areas.

Regional authorities can expand the list:

wall insulation;
arrangement of the roof, which will be ventilated, installation of an exit to the roof;
equipping the house with a common house meter, another device that improves energy efficiency.

In subjects, this list can also be supplemented with the following items:

Inspect the house and draw up an estimate for repairs.
Conduct author's and technical supervision of the work.
Conduct a technical inventory and certification, etc.

Who pays

The legislation establishes an obligation for apartment owners to finance major repairs of common house property.

To this end, citizens pay monthly contributions, which will be accumulated in the special overhaul fund, which is formed:

or on bank accounts of MKD;
or funds are accumulated in collective accounts, which are managed by regional operators involved in organizing repairs according to an established program.

How much exactly you need to pay - each subject of the Russian Federation decides for himself. The amount is set in rubles. The tariff is multiplied by the total area of the premises that is in the possession of a citizen.

The amount of the contribution varies according to:

to which municipality the object belongs - the house is located in Moscow or in another region;
type MKD;
number of storeys of the house;
operational life of the house;
prices and scope of work;
period of use of the common brownie.

If it is planned to carry out work that is not prescribed in the residential complex, then they are paid for with funds that exceed part of the overhaul contribution.

First, a meeting is held where a decision is made where to store funds for major repairs.

If the owners cannot agree on exactly where to store the funds, the decision will be made by the municipal authority.

Although the amount of the contribution is set by the subjects, at the meeting the tenants can increase this figure if they wish to finance a number of additional works.

Major repairs can be carried out at the initiative of residents. At the meeting, citizens must decide what kind of work is needed.

The final authority will set the deadlines for the work and calculate the cost of repairs.

If representatives of the housing inspectorate do not agree that major repairs are necessary, or agree to limited types of work, there is another way out.

Contact an independent expert who will help justify the overhaul. Only such an examination is not free. The owner of the apartment is not the only source of capital repairs financing.

AT normative documentation a whole scheme is prescribed, according to which state structures of various levels also participate in financing. The state can provide support (auxiliary).

Video: contributions for the overhaul of apartment buildings

If we are talking about apartment building, some of the apartments in which are not privatized, then the costs will be borne by the authorities of the municipal or state body.

It happens that the overhaul program was not drawn up, but it happened emergency situation. An accident is considered a break in the water supply, sewerage, pipes of the heating system.

Repair in this case should be carried out as soon as possible at the expense of funds collected for major repairs.

So, if risers with water flow, they are changed immediately, and not imposed a large number of clamps.

When does CRC start?

It is not difficult to find out the dates when the approved overhaul program must be completed. To do this, go to the site www.reformagkh.ru.

Follow this procedure:

Enter the portal.
Enter the address in the "Find your home" field. Be sure to reflect the region, street, house number.
Click "Search".
Follow this link.
A card of the house will open, where you can see the list of works that are approved by the program.
Select the section with types of work if you are interested in current and planned activities.

Select the "Passport" section if you want to find out general information:

How much money the owners raised;
what subsidies the state provides;
object area;
number of residents.

Differences from the current

It is worth knowing the differences between current and overhaul because a number of rights and obligations of the parties depend on this.

The main differences are in the purpose, frequency and scope of repair activities. The current is called preventive maintenance, which is systematic.

They are carried out in order to prevent premature wear of the design of the finish, communications.

The measures that are implemented during current repairs are contained in the Guidelines for the maintenance of the housing stock dated April 2, 2004.

A major overhaul differs from the current one by the lack of the possibility of carrying it out so as not to tear the building away from operation.

House management

Deadlines for overhaul in apartment buildings (MKD) are determined by the regional program developed by the authorities of the subject of the Federation. It is formed for the period necessary for major repairs in all apartment buildings located in the region and is calculated until 2043. The sequence of overhaul is determined based on the duration of operation engineering systems and structural elements MKD and assessment of their technical condition.

At the same time, the owners of premises in MKD, who form a capital repair fund on a special account, may decide to carry out capital repairs ahead of the deadlines established by the regional program. According to Article 189 of the Housing Code of the Russian Federation, major repairs are carried out on the basis of a decision of the general meeting of homeowners in this house. The decision to carry out a major overhaul in an MKD is made at the suggestion of the person managing this house, the regional operator, or on its own initiative. The right to carry out repairs at an earlier date is determined by part 4.1 of article 170 of the Housing Code of the Russian Federation.

How to draw up a decision on early overhaul?

For successful implementation such a decision, it is necessary to comply with the condition that, as of the date of adoption of this decision, the funds in the special account are sufficient to finance the overhaul, or other methods of financing it have been chosen. At the same time, part 7 of article 189 of the Housing Code determines that if the overhaul of common property in the MKD, the owners of the premises in which form the overhaul fund on a special account, is not carried out within the period provided for by the regional overhaul program, the local government takes decision on the formation of a capital repair fund on the account of a regional operator.

At the same time, it should be noted that the accumulation of funds for major repairs on a special account excludes the possibility of borrowing the collected money from this account for the needs of other MKDs. It also excludes the possibility of replenishing this account from other accounts for the needs of this house. Accordingly, the owners will need to make a decision on raising the missing funds by obtaining a soft loan or other targeted funds.

In the decision of the general meeting of owners of premises in an apartment building to carry out an early overhaul in an apartment building, the following must be determined and approved:

list of major repairs;
cost estimate for capital repairs;
timing of the overhaul;
a person who, on behalf of the owners of premises in an apartment building, is authorized to participate in the acceptance of work performed (Article 189 of the Housing Code of the Russian Federation).

Financing and control of early overhaul

If the capital repair fund is formed on a special MKD account, then the owners, when carrying out a major overhaul of common property, can rely solely on the funds accumulated or collected by them, or they can use the funds of credit institutions.

The organization of a major overhaul on credit allows the owners to carry out a selective or complete overhaul in an apartment building without waiting for the deadlines determined by the regional program. Carrying out major repairs on credit is the most financially balanced scheme for organizing major repairs, requiring minimal budget expenditures. In the accumulative system of capital repair financing, there is a problem of discrepancy between the cost of capital repairs and the amount of payment for capital repairs. In the capital repair lending model, this problem does not exist - the payment exactly provides financing for the costs incurred.

The Russian government plans to launch a program of lending for the overhaul of apartment buildings at a preferential rate of 12% per annum, Andrey Chibis, Deputy Minister of Construction and Housing and Public Utilities of the Russian Federation, promised not so long ago. The scope of the program is currently being specified.

As for the choice of a contractor who can perform work as part of the overhaul of common property in an MKD, it should be noted that it directly depends on the method chosen by the owners of the premises in the MKD to form the capital repair fund.

If the method of forming the overhaul fund on the account of the regional operator is chosen, in accordance with clause 3, part 1, article 180 of the RF LC, the overhaul fund performs the functions of a technical customer for the overhaul of common property. He is obliged to engage contractors to provide services and (or) perform major repairs, to conclude relevant agreements with them on his own behalf (part 2 of article 182 of the RF LC). At the same time, his choice of contractors for the provision of services and (or) the performance of work on the overhaul of common property in the MKD in accordance with part 5 of article 182 of the RF LC is carried out in the manner established by the Government of the Russian Federation.

In the event that funds for overhaul are collected on a special account, then the entire process from beginning to end will be controlled by the owners of the apartments located in this house themselves. At the same time, you may have to learn to understand the technology of repair, if possible, learn more about the criteria for assessing the quality of work, expand your knowledge in the field building materials. But as a result, you can get exactly the overhaul that a particular house needs.

The current version is from 02/06/2020, with changes and additions.

Chapter 15

Housing and communal services consultant of the Russian Federation 01/19/2013 02/28/2020

Housing Code of the Russian Federation dated December 29, 2004

Section IX. ORGANIZATION OF CAPITAL REPAIRS OF COMMON PROPERTY IN APARTMENT BUILDINGS

Chapter 15

Article 166

1. The list of services and (or) works for the overhaul of common property in an apartment building, the provision and (or) implementation of which is financed from the funds of the capital repairs fund, which is formed based on the minimum contribution for capital repairs established by the regulatory legal act of the constituent entity of the Russian Federation Federation includes:

1) repair of intra-house engineering systems of electricity, heat, gas, water supply, sanitation;
2) repair, replacement, modernization of elevators, repair of elevator shafts, machine and block rooms;
(Clause 2 as amended by Federal Law No. 434-FZ of November 28, 2018)
3) roof repair;
4) repair basements relating to common property in an apartment building;
5) facade repair;
6) repair of the foundation of an apartment building.
(Part 1 as amended by Federal Law No. 417-FZ of December 28, 2013)

2. A regulatory legal act of a constituent entity of the Russian Federation lists services and (or) works for the overhaul of common property in an apartment building financed from the funds of the capital repairs fund, the amount of which is formed based on the minimum contribution for capital repairs established by the regulatory legal act of the constituent entity of the Russian Federation Federation, can be supplemented with services and (or) work on facade insulation, rebuilding a non-ventilated roof to a ventilated roof, arranging access to the roof, installing automated information and measuring systems for metering the consumption of utilities and utilities, installing collective (common house) metering devices for resource consumption necessary for the provision of public services, and nodes for managing and regulating the consumption of these resources (thermal energy, hot and cold water, electricity, gas) and other types of services and (or) works.
(As amended by Federal Laws No. 417-FZ dated December 28, 2013, No. 257-FZ dated July 29, 2017)

3. If the owners of premises in an apartment building make a decision to establish a contribution for capital repairs in an amount exceeding the minimum contribution for capital repairs, the part of the capital repairs fund formed from this excess, by decision of the general meeting of owners of premises in an apartment building, can be used to finance any services and (or) work on the overhaul of common property in an apartment building.

4. The list of services and (or) work on the overhaul of common property in an apartment building that can be financed from state support provided by a constituent entity of the Russian Federation is determined by a regulatory legal act of a constituent entity of the Russian Federation.

5. Works on the overhaul of common property in an apartment building may include work on the replacement and (or) restoration of load-bearing building structures of an apartment building and (or) engineering networks of an apartment building, referred in accordance with the legislation on urban planning activities to the reconstruction of capital construction objects .
(Part 5 was introduced by Federal Law No. 498-FZ of December 28, 2016)

Article 167

1. Organs state power of the constituent entity of the Russian Federation adopt regulatory legal acts that are aimed at ensuring timely overhaul of common property in apartment buildings located on the territory of the constituent entity of the Russian Federation, and which:

1) the minimum amount of the contribution for the overhaul of common property in an apartment building is established;
2) the procedure for monitoring the technical condition of apartment buildings is established;
3) a regional operator is created, the issue of forming its property is resolved, the constituent documents of the regional operator are approved, the procedure for the activity of the regional operator is established, the procedure for appointing the head of the regional operator on a competitive basis;
(As amended by Federal Law No. 255-FZ dated July 21, 2014)
4) the procedure and conditions for the provision of state support for the overhaul of common property in apartment buildings, including the provision of guarantees, guarantees for loans or loans, are approved, if the appropriate funds for the implementation of this support are provided for by the law of the subject of the Russian Federation on the budget of the subject Russian Federation;
5) establishes the procedure for the preparation and approval of regional programs for the overhaul of common property in apartment buildings, as well as the requirements for these programs;
6) establishes the procedure for the provision by the person in whose name the special account is opened (hereinafter referred to as the owner of the special account) and the regional operator of the information to be provided in accordance with Part 7 of Article 177 and Article 183 of this Code, a list of other information to be provided by the said persons, and the procedure for providing such information;
7) the procedure for payment by the owner of a special account and (or) the regional operator of the funds of the capital repair fund to the owners of premises in an apartment building, as well as the procedure for using the funds of the capital repair fund for the purpose of demolition or reconstruction of an apartment building in cases provided for by this Code;
8) the procedure for exercising control over the targeted spending of funds generated from contributions for capital repairs and ensuring the safety of these funds is established;
9) a procedure is established for informing the owners of premises in apartment buildings and organizations managing apartment buildings about the content of the regional program for the overhaul of common property in apartment buildings and the criteria for assessing the condition of apartment buildings, on the basis of which the order of overhaul is determined.
(Clause 9 was introduced by Federal Law No. 399-FZ of December 20, 2017)

2. The regulatory legal acts referred to in Part 1 of this Article shall be subject to placement by the state authorities of the constituent entity of the Russian Federation in the system in the manner and within the time limits determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in accordance with in the field of information technology, together with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services, unless a different period for placement in the system of these regulatory legal acts is established by federal law.
(Part 2 was introduced by Federal Law No. 263-FZ of July 21, 2014; as amended by Federal Law No. 469-FZ of December 28, 2016)

Article 168

1. The regional program for the overhaul of common property in multi-apartment buildings determines the deadlines for the owners of premises in such buildings and (or) the regional operator of the overhaul of multi-apartment buildings. The regional program for the overhaul of common property in apartment buildings is approved by the highest executive body of state power of a constituent entity of the Russian Federation in order to plan and organize the overhaul of common property in apartment buildings, plan the provision of state support, municipal support for the overhaul of common property in apartment buildings at the expense of funds from the budget of the subject of the Russian Federation, local budgets (hereinafter referred to as state support, municipal support for overhaul), control over the timeliness of the overhaul of common property in apartment buildings by the owners of premises in such buildings, the regional operator.
(as amended by Federal Laws No. 417-FZ of December 28, 2013, No. 176-FZ of June 29, 2015)

2. The regional program for the overhaul of common property in apartment buildings (hereinafter referred to as the regional program for overhaul) 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:

1) a list of all apartment buildings located on the territory of a subject of the Russian Federation (including apartment buildings in which all premises belong to one owner), with the exception of apartment buildings recognized as emergency and subject to demolition or reconstruction in accordance with the procedure established by the Government of the Russian Federation. In accordance with the regulatory legal act of the subject of the Russian Federation, the regional capital repair program may not include apartment buildings, the physical wear of the main structural elements (roof, walls, foundation) of which exceeds seventy percent, and (or) apartment buildings in which the total cost of services and (or) work on the overhaul of structural elements and in-house engineering systems that are part of the common property in apartment buildings, 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 capital repair program or the decision to exclude apartment buildings from such a program, a regulatory legal act of a constituent entity of the Russian Federation must 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 the housing rights of owners of residential premises and tenants of residential premises under social tenancy agreements in these houses. In accordance with the regulatory legal act of the constituent entity of the Russian Federation, houses with less than five apartments may also not be included in the regional capital repair program. In accordance with the regulatory legal act of the constituent entity of the Russian Federation, the regional capital repair program does not include apartment buildings in respect of which, as of the date of approval or updating of the regional capital repair program, decisions on demolition or reconstruction were made in accordance with the procedure established by the regulatory legal act of the constituent entity of the Russian Federation. In accordance with the regulatory legal act of the constituent entity of the Russian Federation, the regional capital repair program does not include apartment buildings located in the territories of settlements recognized as being closed on the basis of decisions of state authorities of the constituent entity of the Russian Federation in agreement with the Government of the Russian Federation (hereinafter - closing settlements). The exclusion of such apartment buildings from the regional capital repair program is carried out on the date of its updating in connection with the decision to close the settlement;
(As amended by Federal Laws No. 176-FZ dated June 29, 2015, No. 434-FZ dated November 28, 2018, No. 13-FZ dated February 6, 2020)

2) a list of services and (or) works for the overhaul of common property in apartment buildings;

3) the planned period for the overhaul of common property in apartment buildings for each type of service and (or) work, taking into account the need to provide services and (or) perform work, provided for in clause 1 of part 1 of Article 166 of this Code, simultaneously in relation to two or more intra-house engineering systems in an apartment building, determined by a regulatory legal act of a constituent entity of the Russian Federation, while the specified period may be determined by an indication of a calendar year or a period not exceeding three calendar years during which such repairs must be carried out;

4) 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.

3. The sequence of capital repairs of common property in apartment buildings is determined in the regional capital repairs program based on the criteria established by the law of the subject of the Russian Federation and can be differentiated by municipalities.
(as amended by Federal Laws No. 417-FZ of December 28, 2013, No. 399-FZ of December 20, 2017)

3.1. The regional capital repair program may, as a matter of priority, provide for work on the repair of in-house engineering gas supply systems, repair, replacement, modernization of elevators, repair of elevator shafts, machine and block rooms.
(Part 3.1 was introduced by Federal Law No. 399-FZ of December 20, 2017; as amended by Federal Law No. 434-FZ of November 28, 2018)

4. The introduction of changes into the regional capital repair program, when it is updated, that provide for the postponement of the established period for the overhaul of common property in an apartment building to a later period, the reduction of the list of planned types of services and (or) work on the overhaul of common property in an apartment building, is carried out when the presence of a relevant decision of the general meeting of owners of premises in an apartment building, unless:
(as amended by Federal Law No. 355-FZ of July 3, 2016)

1) the reduction in the list of planned types of services and (or) work on the overhaul of common property in an apartment building is due to the lack of structural elements in respect of which a major overhaul should be carried out;

2) the planned type of services and (or) work on the overhaul of common property in an apartment building was carried out earlier and, in order to establish the need for overhaul of common property in an apartment building, it was determined that the repeated provision of such services and (or) performance of such work within the time frame set by the regional capital repair program are not required;

3) a change in the method of formation of the capital repair fund occurred on the grounds provided for by paragraph 7 of Article 189 of this Code. The term for the overhaul in this case is determined in order to establish the need for a major overhaul of common property in an apartment building.

4) in accordance with the procedure established by the regulatory legal act of the constituent entity of the Russian Federation, it is determined that it is impossible to provide services and (or) perform work on the overhaul of common property in an apartment building (including the completion of previously begun provision of services and (or) performance of work) in connection with obstruction of such provision of services and (or) performance of work by the owners of premises in an apartment building, and (or) a person managing an apartment building, and (or) a person performing work on the maintenance and repair of common property in an apartment building, expressed in the non-admission of a contractor to the premises in an apartment building and (or) to the building structures of an apartment building, engineering networks, sanitary, electrical, mechanical and other equipment of an apartment building;
(Clause 4 was introduced by Federal Law No. 257-FZ of July 29, 2017)

5) amendments to the regional capital repair program are due to a change in the timing of work on the repair of in-house engineering gas supply systems, repair, replacement, modernization of elevators, repair of elevator shafts, machine and block rooms.
(Clause 5 was introduced by Federal Law No. 399-FZ of December 20, 2017; as amended by Federal Law No. 434-FZ of November 28, 2018)

4.1. Decisions on making changes to the regional capital repair program are made in accordance with the methodological recommendations approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.

4.2. Changes to the regional capital repair program on the grounds provided for in clause 4 of part 4 of this article must provide for a planned period for the provision of services and (or) the performance of work on the capital repairs of common property in an apartment building (including the completion of previously begun provision of services and (or) performance of work) after the elimination of the relevant circumstances. Reduction of the list of planned types of services and (or) work on the overhaul of common property in an apartment building on the basis provided for in clause 4 of part 4 of this article is not allowed.
(Part 4.2 was introduced by Federal Law No. 257-FZ of July 29, 2017)

5. The regional overhaul program is subject to updating at least once a year.

6. The procedure for the preparation and approval of regional programs for capital repairs, the requirements for such programs, the procedure for the provision by local authorities of the information necessary for the preparation of such programs, are established by the law of the subject of the Russian Federation in accordance with this Code.
(Part 6 as amended by Federal Law No. 417-FZ of December 28, 2013)

7. In order to implement the regional capital repair program, specify the timing of the overhaul of common property in apartment buildings, clarify the planned types of services and (or) work on the overhaul of common property in apartment buildings, determine the types and volume of state support, municipal support for capital repairs public authorities of a constituent entity of the Russian Federation are obliged to approve short-term plans for the implementation of a regional capital repair program in the manner established by a regulatory legal act of a constituent entity of the Russian Federation for a period of three years, distributed by years within the specified period. When making changes to the short-term plan for the implementation of the capital repair program on the grounds provided for in paragraph 4 of this article, coordination with the owners of premises in an apartment building is not required. Local self-government bodies are obliged to approve short-term plans for the implementation of a regional capital repair program if this is provided for by a regulatory legal act of a constituent entity of the Russian Federation, in the manner established by this regulatory legal act.
(as amended by Federal Laws No. 176-FZ dated June 29, 2015, No. 257-FZ dated July 29, 2017)

7.1. Short-term plans for the implementation of the regional program are formed on the basis of the following principles:

1) use for the purpose of overhaul the balance of funds on the account, the accounts of the regional operator that were not used in the previous year, and the projected volume of receipts of contributions for overhaul in the current year, taking into account the requirements established by Article 185 of this Code;

2) the need to adjust the scope of work on the overhaul of common property in apartment buildings based on the actual level of collection of funds for overhaul on the account, accounts of the regional operator;

3) updating in connection with the overhaul of an apartment building in the amount necessary to eliminate the consequences of an accident, other natural or man-made emergency in the manner prescribed by part 6 of Article 189 of this Code.
(Clause 3 was introduced by Federal Law No. 257-FZ of July 29, 2017)
(Part 7.1 as amended by Federal Law No. 355-FZ of July 3, 2016)

8. The regional capital repair program and short-term plans for the implementation of the regional capital repair program are subject to placement in the system by the state authority of the constituent entity of the Russian Federation or by the local self-government body that approved the program or the corresponding short-term plan, in the manner and within the time limits determined by the federal executive body implementing functions for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services, if a different period of placement in the system this information is not established by federal law.
(Part 8 was introduced by Federal Law No. 263-FZ of July 21, 2014; as amended by Federal Laws No. 176-FZ of June 29, 2015, No. 469-FZ of December 28, 2016)

Article 169

1. The owners of premises in an apartment building are obliged to pay monthly contributions for the overhaul of common property in an apartment building, except for the cases provided for by part 2 of this article, part 8 of article 170 and part 5 of article 181 of this Code, in the amount established in accordance with part 8.1 of Article 156 of this Code, or, if the relevant decision is made by the general meeting of owners of premises in an apartment building, in a larger amount.

2. Contributions for major repairs are not paid by the owners of premises in an apartment building recognized as emergency and subject to demolition in accordance with the procedure established by the Government of the Russian Federation, as well as in the event that an executive body of state power or a local self-government body decides to withdraw a land plot for state or municipal needs, on which this apartment building is located, and on the seizure of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality. Contributions for major repairs are not paid by the owners of premises in an apartment building located on the territory of a closed settlement. The 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 was made to withdraw the land plot or to declare the settlement closed.
(as amended by Federal Law No. 13-FZ of February 6, 2020)

2.1. The law of a constituent entity of the Russian Federation may provide for the provision of compensation for the costs of paying a contribution for capital repairs, calculated on the basis of the minimum contribution for capital repairs per square meter of the total area of a dwelling per month, established by a regulatory legal act of a constituent entity of the Russian Federation, and the size of the regional standard for regulatory living space used to calculate subsidies for non-working owners of residential premises living alone who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent, as well as living in a family consisting only of cohabiting non-working citizens of retirement age and (or) non-working disabled persons of groups I and (or) II, owners of residential premises who have reached the age of seventy years - in the amount of fifty percent, eighty years - in the amount of one hundred percent.
(Part 2.1 as amended by Federal Law No. 226-FZ of July 29, 2018)

3. The obligation to pay contributions for major repairs arises for the owners of premises in an apartment building after the expiration of the period established by the law of the subject of the Russian Federation, which is not less than three and not more than eight calendar months, starting from the month following the month in which the approved the regional capital repair program in which this apartment building is included, with the exception of the case established by part 5.1 of Article 170 of this Code.
(Part 3 as amended by Federal Law No. 399-FZ of December 20, 2017)

4. Income from the transfer for use of objects of common property in an apartment building, funds of a homeowners' association, a housing cooperative, including income from the economic activities of a homeowners' association, a housing cooperative, may be directed by decision of the owners of premises in an apartment building, by the decision of members of the homeowners' association housing, the decision of the members of a housing cooperative, adopted in accordance with this Code, the charter of a homeowners association, the charter of a housing cooperative, to form a capital repair fund on account of the fulfillment of the obligation of the owners of premises in an apartment building to pay contributions for capital repairs and (or) for the formation of a part a capital repair fund in excess of that generated based on the established minimum contribution for capital repairs, which can be used to finance any services and (or) major repairs of common property in an apartment building.
(Part 4 as amended by Federal Law No. 176-FZ dated June 29, 2015)

Article 170

1. Contributions for major repairs paid by the owners of premises in an apartment building, penalties paid by the owners of such premises in connection with their improper fulfillment of their obligation to pay contributions for major repairs, interest accrued for the use of funds held on a special account, account, accounts regional operator, on which the formation of capital repair funds is carried out, income received from the placement of funds from the capital repair fund, funds of financial support provided in accordance with Article 191 of this Code, as well as credit and (or) other borrowed funds, attracted by the owners of premises in an apartment building for the overhaul of common property in an apartment building, form a capital repair fund.
(Part 1 as amended by Federal Law No. 257-FZ of July 29, 2017)

1.1. Income in the form of interest accrued for the use of funds held on a special account, account, accounts of a regional operator on which the formation of capital repair funds is carried out, as well as income in the form of interest received from the placement of temporarily free funds of the capital repair fund, are credited only to special account, account, accounts of the regional operator, on which the formation of capital repair funds is carried out.
(Part 1.1 was introduced by Federal Law No. 60-FZ of April 15, 2019)

2. The amount of the capital repair fund is calculated as the sum of the receipts to the fund indicated in Part 1 of this Article, minus the amounts transferred from the funds of the capital repair fund in payment for the cost of services rendered and (or) work performed on the capital repair of common property in an apartment building and advance payments for the specified services and (or) works.

3. The owners of premises in an apartment building have the right to choose one of the following methods of forming a capital repair fund:

1) transfer of contributions for capital repairs to a special account in order to form a capital repair fund in the form of funds held on a special account (hereinafter - the formation of a capital repair fund on a special account);
2) transfer of contributions for capital repairs to the account of the regional operator in order to form a capital repair 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).

4. In the event that the owners of premises in an apartment building have chosen to form it on a special account as a method of forming a capital repair fund, the decision of the general meeting of owners of premises in an apartment building must determine:

1) the amount of the monthly contribution for capital repairs, which should not be less than the minimum contribution for capital repairs established by a regulatory legal act of a constituent entity of the Russian Federation;
2) - 3) have become invalid. - Federal Law No. 176-FZ dated June 29, 2015;
4) the holder of a special account;
5) a credit institution in which a special account will be opened. If a regional operator is identified as the owner of a special account, the credit institution chosen by the owners of premises in an apartment building must carry out activities to open and maintain special accounts on the territory of the corresponding subject of the Russian Federation. If the owners of premises in an apartment building have not chosen a credit institution in which a special account will be opened, or if this credit institution does not meet the requirements specified in this paragraph and part 2 of Article 176 of this Code, the question of choosing a credit institution in which a special account is opened, is considered transferred to the discretion of the regional operator.

4.1. In the event that the owners of premises in an apartment building decide to determine the amount of the monthly contribution for capital repairs in the amount of the minimum contribution for capital repairs established by the regulatory legal act of the constituent entity of the Russian Federation, the list of services and (or) work on capital repairs of common property in an apartment building the house and the timing of the overhaul of common property in such a house are determined in accordance with the regional program of overhaul. The owners of premises in an apartment building have the right to make a decision to carry out a major overhaul of common property in an apartment building at an earlier date than established by the regional capital repair program, provided that, as of the date of this decision, the funds in the special account are sufficient to finance the overhaul or other ways of financing it.
(Part 4.1 was introduced by Federal Law No. 176-FZ of June 29, 2015)

4.2. By decision of the general meeting of owners of premises in an apartment building on the formation of a capital repair fund on a special account, the amount of the monthly contribution for capital repairs in the amount greater than the minimum contribution for capital repairs established by the regulatory legal act of the subject of the Russian Federation may be determined. In this case, the list of services and (or) work on the overhaul of common property in an apartment building, approved by the decision of the general meeting of owners of premises in an apartment building, may be supplemented with services and (or) works not provided for by the regional program of overhaul, and the timing of the overhaul repairs may be installed earlier than provided for by the regional overhaul program.
(Part 4.2 was introduced by Federal Law No. 176-FZ of June 29, 2015)

5. The decision to determine the method of forming the capital repair fund must be made and implemented by the owners of premises in an apartment building within the period established by the state authority of the constituent entity of the Russian Federation, but not less than three months and not more than six months after the official publication of a regional capital repair program, which is approved in accordance with the procedure established by the law of the constituent entity of the Russian Federation and which includes an apartment building, in respect of which the issue of choosing a method for forming its capital repair fund is being decided. The owner of a special account is obliged to apply to a Russian credit institution with an application to open a special account no later than within fifteen days from the date of notification of the owner of a special account about its determination as such, if more than early term not established by the decision of the general meeting of owners of premises in an apartment building. The decision to form a capital repair fund on a special account, except for the case where the owner of the special account is a regional operator, is considered implemented subject to the opening of a special account and the submission by the owner of the special account to the body of state housing supervision of the documents provided for by Part 1 of Article 172 of this Code. In order to implement the decision to form a capital repair fund on a special account opened in the name of the regional operator, the person who initiated the relevant general meeting must send to the regional operator a copy of the minutes of the general meeting of owners who issued this decision.
(as amended by Federal Laws No. 176-FZ dated June 29, 2015, No. 399-FZ dated December 20, 2017)

5.1. The obligation to pay contributions for overhaul from the owners of premises in an apartment building put into operation after the approval of the regional overhaul program and included in the regional overhaul program when it is updated arises after the expiration of the period established by the state authority of the constituent entity of the Russian Federation, but no later than than within five years from the date of inclusion of this apartment building in the regional capital repair program. The decision to determine the method of forming the capital repair fund must be made and implemented by the owners of premises in this apartment building no later than three months before the obligation to pay contributions for capital repairs arises.
(Part 5.1 was introduced by Federal Law No. 176-FZ of June 29, 2015)

6. Not later than one month before the expiration of the period established by parts 5 and 5.1 of this article, the local government is obliged to inform the owners of premises in an apartment building about the consequences of their failure to make a decision on the choice of the method of forming a capital repair fund and convene a general meeting of owners of premises in an apartment building to resolve the issue of choosing the method of forming the capital repair fund, if such a decision has not been made earlier.
(Part 6 as amended by Federal Law No. 399-FZ of December 20, 2017)

7. In the event that the owners of premises in an apartment building did not choose the method of forming the capital repair fund within the period established by parts 5 and 5.1 of this article or the method chosen by them was not implemented within the period established by parts 5 and 5.1 of this article, and in cases provided for by part 7 of article 189 of this Code, the local government within a month from the date of receipt from the state housing supervision body of the information provided for by part 4 of article 172 of this Code, decides on the formation of a capital repair fund in relation to such a house on the account of the regional operator and notifies the owners rooms in such a house decision, including using the system.
(as amended by Federal Laws No. 176-FZ of June 29, 2015, No. 498-FZ of December 28, 2016, No. 399-FZ of December 20, 2017)

8. The law of the subject of the Russian Federation establishes the minimum amount of capital repairs funds in relation to multi-apartment buildings, the owners of premises in which form these funds on special accounts, which cannot exceed fifty percent of the estimated cost of capital repairs of an apartment building, determined in accordance with the methodological recommendations approved by the federal an executive authority that performs the functions of developing and implementing state policy and legal regulation in the field of housing and communal services. The owners of premises in an apartment building have the right to set the amount of the overhaul fund for their home in an amount greater than the established minimum amount of the overhaul fund. Upon reaching the minimum capital repair fund, the owners of premises in an apartment building at a general meeting of such owners have the right to decide to suspend the obligation to pay capital repairs contributions, with the exception of owners who are in arrears in paying these contributions.
(as amended by Federal Laws No. 399-FZ dated December 20, 2017, No. 434-FZ dated November 28, 2018)

Article 171

1. In the event of the formation of a capital repair fund on the account of a regional operator, the owners of residential premises in an apartment building pay contributions for capital repairs on the basis of payment documents submitted by the regional operator, within the time limits established for making payments for residential premises and, unless otherwise provided by the law of the subject Russian Federation.
(as amended by Federal Law No. 257-FZ of July 29, 2017)

2. In the event that a capital repair fund is formed on a special account opened in the name of a person specified in paragraph 3 of Article 175 of this Code, contributions for capital repairs are paid to such a special account within the time limits established for making payments for housing and communal services. Contributions for major repairs are paid by the owners of residential premises on the basis of a payment document provided in the manner and on the conditions established by Part 2 of Article 155 of this Code, unless other procedures and conditions are determined by a decision of the general meeting of owners of premises in an apartment building.
(as amended by Federal Laws No. 176-FZ dated June 29, 2015, No. 257-FZ dated July 29, 2017)

3. Owners of non-residential premises pay contributions for major repairs on the basis of payment documents (including payment documents in electronic form posted in the system) submitted by persons authorized in accordance with the requirements of parts 1 and 2 of this article, who are entitled to submit a payment document, containing the calculation of the amount of the contribution for capital repairs for the coming calendar year, once during the first settlement period of such a year. The owner of non-residential premises has the right to pay such a payment document at a time in the month following the month in which it is presented, or monthly in equal installments during the calendar year within the time limits established for making payments for residential premises and utilities, unless otherwise provided by the law of the subject of the Russian Federation. Federation. If the owner of the non-residential premises is a legal entity, the payment document is delivered to the address (location) of the permanent executive body of the legal entity (in the absence of a permanent executive body of the legal entity - another body or person entitled to act on behalf of the legal entity without power of attorney), by which communication with a legal entity is carried out.
(Part 3 was introduced by Federal Law No. 257-FZ of July 29, 2017)

4. The executive authority of a constituent entity of the Russian Federation or an institution authorized by it shall not be entitled to demand from citizens documents and information confirming the payment by citizens of monthly contributions for the overhaul of common property in an apartment building, in order to provide compensation for expenses in accordance with federal laws and laws of the constituent entities of the Russian Federation for the payment of contributions for major repairs. The executive authority of a constituent entity of the Russian Federation or an institution authorized by it shall receive information on whether citizens have arrears in paying monthly contributions for the overhaul of common property in an apartment building from a regional operator or the owner of a special account upon request in the manner established by a regulatory legal act of a constituent entity of the Russian Federation. The regional operator, the owner of a special account are obliged to provide such information within five working days from the date of receipt of the relevant request.
(Part 4 was introduced by Federal Law No. 1-FZ of January 22, 2019)

Article 172. Control over the formation of the capital repair fund

1. The owner of a special account, within five working days from the moment of opening a special account, is obliged to submit to the state housing supervision body a notification on the method of formation of the capital repair fund chosen by the owners of the premises in the relevant apartment building, attaching a copy of the minutes of the general meeting of owners of the premises in this apartment building on acceptance decisions provided for by parts 3 and 4 of Article 170 of this Code, a bank certificate on opening a special account, unless otherwise provided by the law of the subject of the Russian Federation.

2. The regional operator is obliged to submit to the body of state housing supervision in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, provided by the law of the constituent entity of the Russian Federation, information on apartment buildings, the owners of premises in which form capital repair funds on the account, accounts of the regional operator, and also on the receipt of contributions for major repairs from the owners of premises in such apartment buildings.

3. The owner of a special account is obliged to submit to the body of state housing supervision in the manner and within the time limits established by the law of the constituent entity of the Russian Federation, information on the amount of funds accrued as contributions for capital repairs, information on the amount of funds received as contributions for capital repairs , information on the amount of funds spent on major repairs from a special account, information on the amount of the balance of funds on a special account, information on the conclusion of a loan agreement and (or) a loan agreement for major repairs, with certified copies of such agreements attached.
(Part 3 as amended by Federal Law No. 498-FZ of December 28, 2016)

4. The state housing supervision body maintains a register of notifications specified in paragraph 1 of this article, a register of special accounts, informs the local government body and the regional operator about multi-apartment buildings, the owners of premises in which have not chosen the method of forming capital repairs funds and (or) have not implemented it .

5. The body of state housing supervision provides the information specified in parts 1 - 4 of this article to the federal executive body that performs the functions of developing and implementing state policy and legal regulation in the field of socio-economic development of the constituent entities of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services, in the manner established by this federal body. The specified federal body places the information provided by the body of state housing supervision in the system in the manner and within the time limits determined by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of information technology, together with the federal executive body, performing the functions of developing and implementing state policy and legal regulation in the field of housing and communal services.
(as amended by Federal Law No. 263-FZ of July 21, 2014)

Article 173

1. The method of forming the capital repair fund may be changed at any time based on the decision of the general meeting of owners of premises in an apartment building.

2. In the event that for the overhaul of common property in an apartment building, a loan was provided and not returned, or there is a debt payable at the expense of the capital repair fund for payment for the services rendered and (or) work performed on the overhaul of common property in an apartment building , the adoption by the owners of premises in an apartment building of a decision to change the method of forming the capital repair fund in relation to this apartment building is allowed subject to the full repayment of such debt.
(Part 2 as amended by Federal Law No. 176-FZ dated June 29, 2015)

3. If the formation of a capital repair fund is carried out on the account of a regional operator, in order to change the method of formation of the capital repair fund, the owners of premises in an apartment building must make a decision in accordance with part 4 of Article 170 of this Code.

4. The decision of the general meeting of owners of premises in an apartment building to change the method of forming a capital repair fund within five working days after the adoption of such a decision is sent to the owner of a special account to which contributions for the capital repair of common property in such an apartment building are transferred, or to a regional operator, to account to which these payments are made.

5. The decision to terminate the formation of a capital repair fund on the account of a regional operator and the formation of a capital repair fund on a special account shall enter into force one year after the decision of the general meeting of owners of premises in an apartment building is sent to the regional operator in accordance with part 4 of this article, if a shorter period not established by the law of the subject of the Russian Federation, but not earlier than the occurrence of the condition specified in part 2 of this article. Within five days after the entry into force of the said decision, the regional operator transfers the funds of the capital repairs fund to a special account.
(As amended by Federal Law No. 498-FZ of December 28, 2016)

5.1. The term for the entry into force of the decision to terminate the formation of the capital repair fund on the account of the regional operator and the formation of the capital repair fund on the special account, established by part 5 of this article, does not apply if the decision to form the capital repair fund on the account of the regional operator was taken by the local authority self-government in the cases provided for by paragraph 7 of Article 170 of this Code, and by a court decision it was established that the local government did not take measures aimed at properly informing citizens about possible ways the formation of a capital repair fund and the consequences of choosing one of them, to assist the owners of premises located in an apartment building in making an appropriate decision and explaining the procedure for its implementation, and capital repairs of common property in an apartment building were not carried out. The decision to terminate the formation of the capital repair fund on the account of the regional operator in this case shall enter into force one month from the date of sending the decision of the general meeting of owners of premises in an apartment building to the regional operator, but not earlier than the occurrence of the condition specified in part 2 of this article.
(Part 5.1 was introduced by Federal Law No. 399-FZ of December 20, 2017)

6. The decision to terminate the formation of a capital repair fund on a special account and the formation of a capital repair fund on the account of a regional operator shall enter into force one month after the decision of the general meeting of owners of premises in an apartment building is sent to the owner of the special account in accordance with part 4 of this article, but not before the occurrence of the condition specified in paragraph 2 of this article. Within five days after the entry into force of the said decision, the owner of the special account transfers the funds of the capital repairs fund to the account of the regional operator.

7. When changing the method of formation of the capital repair fund in the cases provided for by this Code, the regional operator, in the event of the formation of the capital repair fund on the account, accounts of the regional operator, or the owner of the special account in the event of the formation of the capital repair fund on the special account, is obliged to transfer to the owner of the special account and ( or) to the regional operator, respectively, all the documents and information available to him related to the formation of the overhaul fund, in the manner prescribed by the regulatory legal act of the constituent entity of the Russian Federation.
(Part 7 was introduced by Federal Law No. 176-FZ of June 29, 2015)

8. If, on the basis of information received in accordance with Part 3 of Article 172 of this Code, the amount of actual receipts of contributions for capital repairs is less than fifty percent of the amount of accrued contributions for capital repairs, the body of state housing supervision in writing or with using the system, notifies the owner of a special account of the need to inform the owners of premises in an apartment building about the presence of debt, the need to pay off such debt within a period of not more than five months from the date the owner of the special account received the relevant notification from the state housing supervision body and about the consequences provided for by this Code in due to non-payment of debts on time.
(Part 8 was introduced by Federal Law No. 176-FZ of June 29, 2015; as amended by Federal Law No. 498-FZ of December 28, 2016)

9. The owner of a special account who has received a notification from the state housing supervision body specified in paragraph 8 of this article, not later than within five days, informs in writing and using the system the owners of premises in this apartment building who have a debt that served as the basis for sending the specified notifying the state housing supervision body of the need to repay the debt and taking measures aimed at its repayment. If there is no repayment of such debt two months before the expiration of the period established in accordance with part 8 of this article, the owner of the special account is obliged to initiate a general meeting of owners of premises in this apartment building in order to decide on the procedure for repaying the debt.
(Part 9 was introduced by Federal Law No. 176-FZ of June 29, 2015)

9.1. The regional operator elected by the decision of the general meeting of owners of premises in an apartment building as the owner of a special account and having received the notification of the state housing supervision body specified in paragraph 8 of this article, not later than within five days informs in writing and using the system the person carrying out management of an apartment building, and owners of premises in this apartment building, who have a debt that served as the basis for sending the said notification to the state housing supervision body about the need to pay off the debt and take measures aimed at paying it off. In the absence of repayment of such debt two months before the expiration of the period established in accordance with part 8 of this article, the person managing the apartment building, the person specified in part 3 of article 164 of this Code, while directly managing the apartment building, are obliged to initiate a general meeting owners of premises in this apartment building in order to decide on the procedure for repaying the debt.
(Part 9.1 was introduced by Federal Law No. 257-FZ of July 29, 2017)

10. If within five months from the date of receipt of the notification specified in paragraph 8 of this article, the debt has not been repaid in the amount specified in the notification of the state housing supervision body, and the latter has not been presented with documents confirming the repayment of such debt, the state housing supervision body shall notify about this, the local self-government body, which within a month decides on the formation of a capital repair fund on the account of the regional operator and sends such a decision to the owner of the special account. The owner of a special account is obliged to transfer the funds on the special account to the account of the regional operator within one month from the date of receipt of such a decision by the local government. If the owner of the special account did not transfer the funds on the special account to the account of the regional operator within the period established by this part, the regional operator, any owner of premises in an apartment building, the local government body has the right to apply to the court for the recovery of funds, located on a special account, with their transfer to the account of the regional operator. The provisions of this part shall not apply if there is a loan and (or) credit for a major overhaul that has not been repaid within the terms established by the loan agreement and (or) the loan agreement, and the repayment of which is carried out at the expense of funds received on a special account.
(Part 10 was introduced by Federal Law No. 176-FZ of June 29, 2015)

Article 174

1. Funds from the Capital Repair Fund may be used to pay for services and (or) work on capital repairs of common property in an apartment building, development of project documentation (if the preparation of project documentation is necessary in accordance with the legislation on urban planning), payment for construction services. control, repayment of credits, loans received and used in order to pay for the specified services, works, as well as to pay interest for the use of such credits, loans, payment of expenses for obtaining guarantees and guarantees for such credits, loans. At the same time, at the expense of the overhaul fund, within the amount formed on the basis of the minimum contribution for overhaul established by the regulatory legal act of the constituent entity of the Russian Federation, only the work provided for by Part 1 of Article 166 of this Code and the work provided for by the regulatory legal act may be financed. an act of the constituent entity of the Russian Federation, the repayment of credits, loans received and used to pay for these works, and the payment of interest for the use of these credits, loans.
(as amended by Federal Law No. 149-FZ dated July 1, 2017)

2. If an apartment building is recognized as emergency and subject to demolition or reconstruction, the funds of the capital repair fund are used for the purpose of demolition or reconstruction of this apartment building in accordance with parts 10 and 11 of Article 32 of this Code by decision of the owners of premises in this apartment building. In the event of the demolition of an apartment building, the funds of the capital repair fund, minus the funds spent for the purpose of demolition and the services rendered and (or) work performed on the capital repairs of the common property in this apartment building, until the decision to recognize such a house as emergency is made in accordance with the procedure established by the Government of the Russian Federation, are distributed between by the owners of the premises in this apartment building in proportion to the amount of capital repairs contributions paid by them and capital repairs contributions paid by the previous owners of the premises concerned. In the event of the adoption of a regulatory legal act of a constituent entity of the Russian Federation, according to which apartment buildings with less than five apartments are excluded from the regional capital repair program, and in the event that the land plot on which this apartment building is located is withdrawn for state or municipal needs, and, accordingly, the withdrawal of each residential premises in this apartment building, with the exception of residential premises owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality, the funds of the capital repairs fund are distributed among the owners of premises in this apartment building in proportion to the amount of contributions they paid for overhaul and contributions for overhaul paid by the previous owners of the respective premises, less the funds spent on previously rendered services and (or) work performed on the overhaul of common property in this apartment building. In the event that decisions are made to close a settlement and to exclude apartment buildings located on its territory from the regional capital repair program, the funds of the capital repair fund are distributed among the owners of premises in this apartment building in proportion to the amount of contributions paid by them for capital repairs and contributions for major repairs, paid by the previous owners of the relevant premises, minus the funds spent on previously rendered services and (or) completed work on the overhaul of common property in this apartment building.
(as amended by Federal Laws No. 434-FZ dated November 28, 2018, No. 13-FZ dated February 6, 2020)

AT last years government agencies, managing organizations and homeowners face acute issues related to the maintenance of residential real estate and the implementation of major repairs.

The significance of the problem is due to the increase in the financial burden of citizens for the maintenance of common property and significant deterioration of the housing stock.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Building maintenance - what is it?

The concept of overhaul is disclosed in the Civil Code of the Russian Federation. These are the replacement (restoration) works:

Building structures (except load-bearing) and their components;
Engineering and technical communications;
Parts of load-bearing building structures.

During a major overhaul, malfunctions of worn-out parts of common house property are eliminated by restoring repairs, they are replaced with similar ones or with better performance characteristics.

If technical capabilities allow, then a residential building is being modernized taking into account modern requirements in the field of efficient use of various kinds resources (equipment with heat, electricity, water, gas meters) and improve living comfort.

Based on the scope of work performed, there are:

Comprehensive repairs carried out in order to restore all damaged parts of common property. After completion of such repairs, the technical condition of the building must fully comply with all building codes and operational requirements.
Selective overhaul involves the replacement or repair of individual components of the building, certain elements of engineering communications.

Selective repairs are performed when a comprehensive repair is impossible or involves significant difficulties.

These may be situations where:

Significant damage to some structures threatens the safety of other parts of buildings;
There is no economic feasibility of carrying out a comprehensive repair of the building or there are peculiarities of its financing;
It may be necessary to limit or temporarily stop the use of the house.

Also, in addition to the planned overhaul, an unscheduled (emergency) one is distinguished, which is carried out to restore the damage caused to the building structures of the house as a result of any emergency situations.

Maintenance and overhaul of the house: what is the difference?

It is fundamentally important to distinguish major repairs from current repair work, since the rights and obligations of the parties and other participants in relations in the housing sector directly depend on the correct qualification of the work being carried out.

For example, in contracts for the provision of real estate for compensation (rent, hire), current repairs are the responsibility of the tenant, and capital repairs are the responsibility of the lessor. Besides Funding for these types of repairs comes from a variety of sources..

The features of each type of repair are based on the difference in goals, frequency and volume of repair work.

Current (preventive) repairs are measures systematically carried out in order to prevent premature wear of structures, finishes, communications of the building and work to eliminate minor damage and breakdowns.

An approximate set of measures implemented as part of the current repair is contained in the Methodological Guide for the Maintenance and Repair of the Housing Stock (MDK 2-04.2004), approved by the Federal Agency for Construction and Housing and Utilities (currently the Ministry of Construction).

The current repair has a planned and preventive character. Preventive repairs do not require interruptions in the full use of the premises of the building by residents, are carried out periodically and quite often, in addition, such works are less expensive than overhauls.

Often the line between major and current repairs is conditional, since the objects of repair work are the same structures and their elements.

During the overhaul, an element that has become unusable is replaced or subject to restoration, and the scope of current repairs is maintaining structures in good condition throughout the established service life. For example, fixing a roof leak is a current repair, while replacing the entire roof of a house is a major one.

Ongoing works are carried out and financed by housing maintenance companies from rents and rents.

Capital repairs in an apartment building are paid for by targeted payments from owners.

It is also necessary to distinguish between overhaul and reconstruction of the building. During reconstruction, unlike repair, measures are taken to change the key parameters of the MKD (number of storeys, area) or to completely replace the supporting structures.

Minimum contribution

The owners of apartments and non-residential areas located in an MKD (apartment building) are legally obligated to fully finance the overhaul of common property.

Paid monthly contributions are accumulated in a specialized overhaul trust fund, which is formed in two ways:

On a separate bank account MKD(the accumulated money is spent on a specific house);
Accumulation of funds in a collective account, managed by a regional operator, which carries out all organizational measures for the overhaul of the housing stock in a single subject in accordance with the overhaul program approved by the regional authorities.

Minimum compulsory contribution approved by law in every region of the country.

The calculation of the amount of the contribution for a particular owner is made in rubles by multiplying the established tariff by the total area of the premises owned by a citizen or legal entity.

Contributions may vary depending on:

From belonging to the territory of a particular municipality;
Type MKD;
Number of floors;
Actual service life;
Cost and volume of repair work;
Service life of common property elements.

Other works, except those established by the Housing Code of the Russian Federation, can only be carried out at the expense of the excess of the capital repair contribution.

Types of work that are paid at the expense of the minimum contribution

At the national level, legislation provides for a set of overhaul services funded by the overhaul fund.

What is included in the renovation of an apartment building? This is the repair, and, if necessary, the replacement of the following elements of the MKD:

Intra-house communications related to common house property(systems of water supply, heating, sewerage, power supply, gasification, replacement of stove heating with central heating);
Lift equipment(normative service life is about 25 years);
roofs(the frequency of repairs depends on the roofing material);
Foundation and basement areas classified as common property of the owners(taking into account the load-bearing floors of the first floor, walls and passing sections of engineering communications);
facade(including restoration of seam sealing, restoration of plaster, facing tiles, replacement of ebbs, drainpipes and other works).

You may be interested in an article about what rights and obligations the management company has to maintain an apartment building, you can read about it.

At the regional level, this list is allowed to be supplemented with services for:

Insulation of the walls of the building;
Arrangement of a ventilated roof and exits to it;
Equipping MKD with common building meters of resource consumption, other devices that increase energy efficiency.

Inspection of MKD and preparation of estimates for future repairs;
Carrying out designer and technical supervision of the work performed;
Energy audit of an apartment building;
Technical inventory and certification of an apartment building.

The general meeting of owners has the right to agree to increase the minimum contribution rate established by the region in order to finance any additional work on the overhaul of the common property of the house.

Apartment owners are now required to pay for overhaul. The Russians are offered to choose a method of accumulating funds for this item of expenditure. We invite you to watch the video.