Contribution for the overhaul of apartment buildings. What is included in the renovation of an apartment building? Enumeration of the main types of work. Financial issues The procedure for performing major repairs
1. The list of services and (or) work on the overhaul of common property in apartment building, the provision and (or) implementation of which are financed at the expense of the capital repair fund, which is formed on the basis of the minimum contribution for capital repairs established by the regulatory legal act of the subject Russian 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;
3) roof repair;
4) repair basements relating to common property in an apartment building;
5) facade repair;
6) foundation repair apartment building.
(see text in previous edition)
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.
(see text in previous edition)
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 apartment building, classified in accordance with the legislation on urban planning activities for the reconstruction of capital construction projects.
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 Fund for the capital repairs of apartment buildings in Moscow *
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).
____________________________________________________________________
________________
* 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) 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 capital repairs 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 of the 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"
Capital repairs of an apartment building- Carrying out troubleshooting work structural elements common property of owners of premises in an apartment building, including for their restoration or replacement, in order to improve performance characteristics common property in an apartment building.
Expenses for major repairs of common property in an apartment building must be financed from the capital repairs fund and other sources not prohibited by law.
Who is responsible for the overhaul of an apartment building?
Until 2014 (before the entry into force of the Federal Law of the Russian Federation of December 25, 2012 No. 271-FZ “On Amendments to the Housing Code of the Russian Federation and Certain legislative acts of the Russian Federation and the invalidation of certain provisions of the legislative acts of the Russian Federation ”(hereinafter referred to as Law No. 271-FZ), the overhaul helped to carry out the housing and communal services reform fund. Now this fund will finance only the resettlement of citizens from dilapidated and dilapidated housing.
In accordance with the introduced requirements, they are required to pay monthly contributions for major repairs. After the entry into force of Law No. 271-FZ from 2014, owners in apartment buildings will pay for capital repairs. In some regions, even before the adoption of this law, the owners had already paid for the overhaul of residential buildings.
In addition, the Civil Code of the Russian Federation (Article 210) and the Housing Code of the Russian Federation (Clause 1, Article 158) clearly establish that Owners are responsible for the maintenance of owned housing. In other words, a person who has bought, privatized or otherwise acquired the right to own an apartment in an apartment building receives not only rights, but also obligations to maintain housing in proper condition (repair of the roof, facade, foundation, etc.).
Prior to the adoption of Law No. 271-FZ, there was no clear mechanism for implementing the obligation to maintain the owners of common property in an apartment building. One could endlessly complain about collapsing facades and leaking roofs, and wait for it to be fixed. Now the overhaul of an apartment building depends on the residents themselves.
Despite the fact that the financial burden for the overhaul of apartment buildings lies with the owners, the authorities should not stand aside. For organs state power and local self-government bodies are entrusted with the obligation to organize the provision of timely overhaul of common property in apartment buildings at the expense of contributions from the owners of premises in such houses for the overhaul of common property in apartment buildings, budgetary funds and other sources of funding not prohibited by law.
Who is responsible for the old, unfinished repair of an apartment building?
More than half of the housing stock of the Russian Federation requires repair, however, Law No. 271-FZ does not provide for any obligations of the authorities for the old, not made major repairs.
At the same time, it should be noted that Federal Law No. 4-FZ of 01.02.2010 “On Amendments to the Federal Law “On Enactment of the Housing Code of the Russian Federation” applies Article 16 of the Law of the Russian Federation “On Privatization of the Housing Stock in the Russian Federation”, which provides that when privatizing residential premises occupied by citizens in houses requiring major repairs, the former landlord retains the obligation to make major repairs to the house in accordance with the standards for the maintenance, operation and repair of the housing stock, extended until 01.03.2015.
Important! There was a fairly clear position of the courts that the municipalities are responsible for the repairs of houses that should have been done, but not done in a timely manner.
What common property is subject to major repairs in an apartment building?
In accordance with Article 166 of the Housing Code of the Russian Federation, major repairs from among the common property in an apartment building at the expense of the capital repairs fund are subject to:
1) intra-house engineering systems of electricity, heat, gas, water supply, sanitation;
2) elevator equipment (repair or replacement), recognized as unsuitable for operation, repair of elevator shafts
3) the roof of the house;
4) basements belonging to common property in an apartment building;
5) facade of the house;
6) the foundation of the house.
But the above list is not exhaustive. By a regulatory legal act of a constituent entity of the Russian Federation, the list of services and (or) works for the overhaul of common property in an apartment building, financed from the capital repairs fund, may be supplemented by services and (or) works:
For facade insulation
Converting a non-ventilated roof to a ventilated roof,
Roof outlets,
Installation of collective (general house) metering devices for the consumption of resources necessary for the provision of public services, and control units and regulation of the consumption of these resources (thermal energy, hot and cold water, electricity, gas),
other types of services and (or) works.
You can find out what types of work on the overhaul of common property in an apartment building are additionally established by a legal act of a constituent entity of the Russian Federation in the regional executive authority in the field of housing and communal services (department of housing and communal services).
Important! The owners of premises in an apartment building may decide to carry out any other work, but by establishing an excess of the minimum contribution (additional contribution) for major repairs.
The part of the overhaul 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.
Contributions for the overhaul of common property in an apartment building
In accordance with Article 169 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to pay monthly contributions for the overhaul of common property in an apartment building.
Now payments for overhaul are mandatory everywhere. The law, recognizing the payment for overhaul as mandatory for all owners , is aimed at creating a clear mechanism that will allow for the overhaul of the entire housing stock in a planned manner.
The payment for housing and utilities for the owner of premises in an apartment building now includes:
1) payment for the maintenance and current repairs of the house;
2) contribution for capital repairs;
3) payment for utilities.
Therefore, when receiving a receipt, pay attention to what your payments consist of.
The funds contributed by the owners as a contribution for major repairs are accumulated in a special account and recognized as general cash. A special account is opened with a credit institution.
The minimum amount of contribution for major repairs is established by the regulatory legal act of the subject of the Russian Federation based on the total area occupied by the premises in an apartment building owned by the owner of such premises, and can be differentiated depending on the municipality, taking into account:
Its type and number of storeys;
The cost of overhaul of individual elements of building structures and engineering systems of an apartment building;
Normative periods of their effective operation until the next overhaul (normative overhaul periods);
And also taking into account the list of works for the overhaul of common property in an apartment building established by the Housing Code of the Russian Federation and the regulatory legal act of the constituent entity of the Russian Federation.
Order No. 41/pr dated 07.02.2014 of the Ministry of Construction of the Russian Federation approved methodological recommendations for the establishment by the subject of the Russian Federation of the minimum contribution for the overhaul of common property in apartment buildings.
The obligation to pay contributions for major repairs arises for the owners of premises in an apartment building after four 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 approved regional capital repair program was officially published, in which this apartment building is included. That is, depending on the timing of the publication of the program, we can say that this will happen no earlier than May-June 2014.
If the Management Company arbitrarily increases the amount of the contribution for capital repairs, the owners can apply to the court to protect their interests.
Are contributions payable if the house is declared emergency and subject to demolition?
According to the norms of the Housing Code of the Russian Federation, 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 government decides to withdraw for state or municipal needs of the land plot 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 right of ownership of the Russian Federation, a constituent entity of the Russian Federation or municipality. This norm is imperative, i.e. it is illegal to exempt any category of citizens from paying a contribution for overhaul.
If an apartment building is recognized as emergency and subject to demolition or reconstruction, the regional operator is obliged to allocate funds from the capital repair fund for the purpose of demolition or reconstruction of this apartment building.
In case of seizure of a land plot for state or municipal needs, the regional operator is obliged to pay the capital repair fund to the owners of the premises in this apartment building in proportion to the amount of contributions paid by them for capital repairs and the amounts of these contributions paid by the previous owners of the relevant premises in this apartment building. At the same time, the owners of premises in an apartment building retain the right to receive the redemption price for the withdrawn residential premises.
The obligation to pay capital repairs contributions arises from the owners of premises in an apartment building after eight calendar months, unless an earlier date is established by the law of the subject of the Russian Federation, starting from the month following the month in which the approved regional capital repair program was officially published, which includes this apartment building.
For late payment, a penalty of 1/300 of the Central Bank's refinancing rate is provided. The decision of the owners to refuse to pay will be illegal. Money from non-payers can also be levied in court.
So, the owners of residential premises are obliged to bear the cost of major repairs. How to be tenants of municipal apartments? In municipal apartments, the owner is the municipality. So the municipality has to pay. People who live in municipal apartments are exempted from paying the contribution for capital repairs.
According to paragraph 1 of Art. 290 of the Civil Code of the Russian Federation, the owners of apartments in an apartment building belong to the right of common shared ownership common areas houses, supporting structures of the house, mechanical, electrical, sanitary and other equipment outside or inside the apartment, serving more than one apartment.
In part 1 of Art. 36 of the Housing Code of the Russian Federation contains a list of property owned by the owners of premises in an apartment building on the basis of common shared ownership.
The obligation to pay the costs of major repairs of an apartment building applies to all owners of premises in this building from the moment the right of ownership to premises in this building arises.
Consequently, being the owner of premises in multi-apartment residential buildings, the municipality is obliged to bear the burden of maintaining the property belonging to it by paying a fee for the overhaul of the common property of the houses.
Owners of non-residential premises in an apartment building are obliged to bear the costs of maintaining and repairing common property on an equal basis with the owners of residential premises. Such expenses are borne by the said owners of non-residential premises by paying for the maintenance and repair of common residential premises and utilities (part 2 of article 154, article 155 - 158 of the Housing Code of the Russian Federation).
If the owners of non-residential premises in an apartment building refuse to bear the costs of maintaining and repairing common property in an apartment building or in case of untimely and (or) incomplete payment for residential premises and utilities, measures of civil liability may be applied to the owners of non-residential premises in an apartment building, as well as recovery on the basis of a court decision of debt by foreclosing on movable and immovable property belonging to the debtor by right of ownership.
Do homeowners have to pay for renovations? They are obliged, since in any building, over time, load-bearing structures, engineering equipment partially or completely destroyed. Therefore, it is more profitable for owners of new houses to form a fund on their special bank account, to which interest on the use of funds will also be credited.
What is a Capital Improvement Fund?
Capital Repair Fund formed by:
Contributions for capital repairs
Interest paid by owners in connection with improper fulfillment of the obligation to pay contributions for capital repairs
Interest accrued for the use of funds held in a special account.
In addition, income from the transfer for use of common property in an apartment building, funds of a homeowners association, including income from the economic activities of a homeowners association, may be directed by decision of the owners of premises in an apartment building, by decision of members of the homeowners association to form a capital fund repairs on account of the fulfillment of the obligation of the owners of premises in an apartment building to pay contributions for major repairs.
Upon reaching the established minimum amount of the capital repair fund, the 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.
Funds from the Capital Improvement Fund can be used to:
Payment for services and (or) work on the overhaul of common property in an apartment building,
Development of project documentation (if the preparation of project documentation is required in accordance with the legislation on urban planning),
Payment for construction control services,
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.
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 by decision of the owners of the premises in this apartment building.
And in the event of the seizure for state or municipal needs of the land plot on which this apartment building is located, and, accordingly, 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, funds overhaul funds 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 capital repairs paid by the previous owners of the respective premises.
Opinion: In our opinion, the disadvantage of such a system for the formation of a capital repair fund is the lack of clear mechanisms for protecting savings (from inflation, corruption).
Is it possible to establish a minimum amount of the capital repair fund, upon reaching which the owners of the premises can stop paying the capital repair contribution?
According to paragraph 8 of Article 170 of the Housing Code of the Russian Federation, the law of a constituent entity of the Russian Federation may establish a minimum amount of capital repairs funds in relation to apartment buildings, the owners of premises in which form these funds on special accounts. In this case, upon reaching the minimum capital repair fund, the owners of premises in an apartment building at a general meeting 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.
What to do if it's time to make repairs, but there are not enough funds?
You can take a loan from a bank under the guarantee of a regional fund.
Go to the regional fund and then pay it until the amount spent on the overhaul is repaid.
It should be noted that the HOA, which transferred funds to the regional fund, can withdraw from it and open a special account. And if the planned repairs in his house have not yet been made, the funds will be transferred to a special account. If the repair has already been made, but the transferred funds were not enough, and the regional fund actually paid extra, then the HOA must first pay off the debt, and only then open a special account.
Ways to form a capital repair fund
The main changes affected management companies. New law unilaterally deprives them of the opportunity to dispose of the funds that the owners transfer for major repairs.
Now this money will be managed either by the owners themselves (individual accumulation system) or by a regional operator.
The owners of premises in an apartment building have the right to choose one of the following ways to form a capital repair fund:
1) transfer of contributions for overhaul to a special account in order to form a capital overhaul fund in the form of funds held in 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 the owners of premises in an apartment building in relation to the regional operator.
Important! In the first case, the collected money will be used to repair a specific house, in the second - to repair any of the houses included in the corresponding list (in order of priority).
Each owner of a dwelling in an apartment building will have to choose how to save for major repairs (together or separately).
Such a decision must be made at a general meeting of owners and reflected in the relevant minutes. And, if the owners decided on individual savings and decided to open a special account in the name of a regional operator (in each subject of the Russian Federation a specialized non-profit organization, which collects funds, and also provides for the overhaul of an apartment building), the protocol must be transferred to this operator.
The period during which the owners of residential premises must decide on the method of forming the capital repair fund?
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 more than six months after the official publication of the regional overhaul programs.
Not later than one month before the expiration of the six-month period, the local government convenes a general meeting of owners of premises in an apartment building to decide on the choice of a method for forming a capital repair fund, if such a decision has not been made earlier.
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 above period, that is, they did not decide how to raise funds for the capital repair of common property, they “by default” fell into the regional fund.
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 procedure for changing the method of forming the overhaul fund is established by Article 173 of the Housing Code of the Russian Federation.
Decision to terminate the formation of a fund on the account of a regional operator and the formation of a capital repair fund on a special account enters into force in two years after the decision of the general meeting of owners of premises in an apartment building has been sent to the regional operator, unless a shorter period is established by the law of the constituent entity of the Russian Federation.
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 comes into force in one month after sending the decision of the general meeting of owners to the owner of the special account.
Formation of a capital repair fund by transferring contributions to a special account (We save separately)
If the first method of fund formation is chosen: The HOA has the right to open its own special account, to which the owners will transfer contributions for capital repairs in order to form a capital repair fund. At the same time, funds from such an account can only be used for major repairs and for nothing else.
If residents of an apartment building have decided on an individual form of savings, they need to:
1. Hold a general meeting of owners in accordance with the requirements of Article 45 of the Housing Code of the Russian Federation. Namely:
1.1. 10 days before the expected date of the meeting, notify each homeowner in writing about the upcoming event.
Clarification: if the owners in the general meeting have not approved a place for posting notices (for example, a bulletin board or an entrance door), then the Housing Code leaves them only two appropriate forms of notice: in person by signature, or by registered mail.
1.2. During the notification process, each owner must be given an information message (Sample Information Message) which must contain:
Information about the organizer (initiator / initiative group)
Form of holding (full-time/correspondence)
Date, place, time of the meeting (in the case of a face-to-face meeting)
Deadline for acceptance of decisions and place of transfer (in case of absentee voting)
Agenda
The order of acquaintance with the information and materials that will be presented at this meeting + the place where they can be found
Upon receipt of a notice of a meeting, each owner must sign in the relevant register (Register of notices for in-person voting).
1.3. In the case of in-person voting on the appointed date, place and time, the owners must come with documents confirming their ownership, as well as identification documents. Then sign in the register confirming the attendance (Register for participation in a face-to-face meeting)
1.4. The meeting can be recognized as held if more than half of the owners attended / took part in the voting.
Example: if the house has 4,000 square meters, the meeting can be recognized as valid upon the participation / voting of the owners who own 2,001 sq.m.
1.5. If the quorum is not met, those present decide to vote in in absentia and record in the minutes the end date for the acceptance of decisions (Sample decision of the owner) and the place of their transfer. After that, the process of notifying the owners (clause 1.1) is repeated in the second round, with the corresponding changes made to the information message.
Requirements for the minutes of the general meeting on opening a special account:
Without fail, the minutes of the decision of the general meeting (Sample minutes of the in-person meeting) must contain decisions on 5 issues:
1. The amount of the monthly installment for major repairs. The amount of the contribution cannot be less than that established by the government of the Krasnoyarsk Territory.
2. List of works and services for the overhaul of common property. The list of works and services cannot be less than that provided for by the regional overhaul program.
3. Deadlines for the overhaul of common property. The deadlines cannot be later than the planned deadlines established by the regional capital repair program.
4. Owner of a special account. Nominal owners spec. accounts can be:
HOA (for houses managed by HOA);
housing cooperative (for houses managed by the cooperative);
regional operator (for houses that are directly managed, as well as under the management of management companies).
Clarification: in accordance with Art. 175 of the Housing Code of the Russian Federation, the owner of a special account may be a HOA that manages an apartment building and was created by the owners of premises in one apartment building or several apartment buildings, the number of apartments in which is not more than thirty in total, if these houses are located on land plots that, in accordance with the documents contained in the state real estate cadastre, have a common border, and within which there are engineering and technical support networks, other infrastructure elements that are intended for joint use by the owners of premises in these houses .
Thus, if the powers of the HOA go beyond Art. 175 of the Housing Code of the Russian Federation, then it must open accounts with a regional operator, or be split into separate HOAs.
In addition, the owner of a special account may be a housing cooperative or other specialized consumer cooperative that manages an apartment building.
Who benefits?
It is beneficial for residents of relatively new houses, residents of houses where major repairs were carried out not so long ago, as well as owners who are regular payers, are set up to independently plan their expenses for major repairs and have maximum personal control over the funds spent. There will be no financial assistance from the state in the case of individual savings.
This option is preferred. First of all, the overhaul is not tied to the plan set by the officials, therefore, it can be done earlier than in the order of priority. In addition, the owners themselves set the amount of monthly contributions (the amount of the monthly contribution for capital repairs should not be less than the minimum contribution for capital repairs established by the regulatory legal act of the constituent entity of the Russian Federation).
Repair work is carried out by the management company or any other organization by decision of the owners. The bank will transfer the money to the contractor only after the owner of the special account submits a work acceptance certificate signed by representatives of the owners and local governments.
What is a special account?
A special account is opened in a bank in accordance with the Civil Code of the Russian Federation and the features established by the Housing Code of the Russian Federation.
A special account may be opened with Russian credit institutions whose own funds (capital) amount to at least twenty billion rubles. The Central Bank of the Russian Federation quarterly publishes information on credit institutions that meet the established requirements.
On such an account, a capital repair fund is formed, formed from contributions for capital repairs, interest paid in connection with improper fulfillment of the obligation to pay such contributions, and interest accrued by a credit institution for the use of funds on a special account.
The share of the owner of a premise in an apartment building in the right to funds held in a special account is proportional to the total amount of contributions for capital repairs paid by the owner of such premise and the previous owner of such premise.
Important: When acquiring ownership of premises in an apartment building, the acquirer of such premises receives a share in the right to funds held in a special account.
Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of capital repairs of the apartment building passes to the new owner, including the obligation not fulfilled by the previous owner to pay contributions for capital repairs
Owners of premises in an apartment building have the right to form a capital repair fund only one special account. On a special account, funds from the overhaul fund of owners of premises in only one apartment building can be accumulated. The special account agreement is open-ended.
Funds held in a special account cannot be levied on the obligations of the owner of this account, with the exception of obligations arising from contracts for major repairs.
If the owner of a special account is declared bankrupt, the funds on the special account shall not be included in the bankruptcy estate.
A credit institution in which a special account will be opened.
Owners can choose not any bank they like. The legislator limited the choice of more than 900 banks operating in the territory of the Russian Federation to about 30, establishing as a mandatory requirement the minimum amount of own funds of 20 billion rubles.
Clarification: if a credit institution is not selected or does not comply with the requirements of Part 2 of Article 176 of the HC RF, the right to choose a credit institution is transferred to the regional operator.
Features of opening and closing a special account, conducting operations on the account are regulated by articles 176-177 of the Housing Code of the Russian Federation.
The special account agreement may be terminated at the request of the owner of the special account if there is a decision of the general meeting of owners of premises in an apartment building, documented in the minutes, to change the method of forming the capital repair fund, to replace the owner of the special account or a credit institution.
The bank in which the special account is opened and the owner of the special account provide, at the request of any owner of premises in an apartment building, information on the amount of payments credited to the account of the owners of all premises in an apartment building, on the balance of funds on a special account, on all operations on this special account.
In the event that the owners of premises in an apartment building have chosen to form a capital repair fund 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 should 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) a list of services and (or) works for the overhaul of common property in an apartment building, consisting of at least the composition of the list of such services and (or) works provided for by the regional overhaul program;
3) the timing of the overhaul of common property in an apartment building, which cannot be later than the planned dates established by the regional overhaul program;
4) the holder of a special account;
5) a credit institution in which a special account will be opened.
Can the owners of a house serviced by a management company accumulate funds in a special account?
If the management of an apartment building is not carried out by a homeowners association, housing cooperative or other specialized consumer cooperative and the owners of premises in such a house decide to form a capital repair fund on a special account, then the account for them will be opened by a regional operator at their request.
In this case, the owner of the special account is the regional operator, but the funds on it will belong to the owners of the corresponding apartment building, who will manage them in accordance with the Housing Code of the Russian Federation.
Formation of a capital repair fund on the account of a regional operator (We save together)
The owners of premises in an apartment building have the right to decide on the choice of a regional operator as the owner of a special account.
Owners are invited to “stand in line” and, monthly transferring a contribution for major repairs, wait for the turn to reach them.
Obviously, if the owners, after the publication of the regional program, find their house in the forefront for major repairs, it makes sense to think about the collective form of accumulation.
In accordance with the letter of the law, residents are also required to hold a general meeting and approve the form of accumulation, however, if the corresponding decision is not made or the regional operator is not notified, the decision in favor of the "common boiler" for the owners will be made by the municipality.
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 owners of premises in an apartment building must send to the regional operator a copy of the minutes of the general meeting of such owners who issued this decision.
In accordance with Article 181 of the Housing Code of the Russian Federation, owners of premises in an apartment building who have decided to form a capital repair fund on the account of a regional operator, as well as owners of premises in an apartment building who have not decided on the method of forming a capital repair fund, are required to conclude an agreement with the regional operator on the formation of the overhaul fund and on the organization of the overhaul in the manner prescribed by Article 445 of the Civil Code of the Russian Federation.
Payment by the owner of the premises in an apartment building of a contribution for major repairs to the account of the regional operator after he receives a draft of such an agreement is considered to be its conclusion. At the same time, the owners of the premises in this apartment building, having more than fifty percent of the votes of the total number of votes of the owners of the premises in this apartment building, act as one party to the contract being concluded.
Under the agreement on the formation of a capital repair fund and on the organization of a capital repair, each owner of a premise in an apartment building is obliged to pay contributions for capital repairs to the account of the regional operator on a monthly basis and in full.
The regional operator undertakes ensure:
Carrying out a major overhaul of the common property in this apartment building within the time frame determined by the regional overhaul program,
Financing such a major overhaul,
Transfer funds in the amount of the capital repair fund to a special account or pay the owners of premises in an apartment building funds corresponding to the shares of such owners in the capital repair fund.
What is a regional operator?
Regional operator is a legal entity created in the organizational and legal form of a foundation (Article 178 of the LC RF).
The regional operator is created by the subject of the Russian Federation. Several regional operators may be created on the territory of a constituent entity of the Russian Federation, each of which operates on a part of the territory of such a constituent entity of the Russian Federation.
Until the end of 2013, all regions of the Russian Federation had to create a capital repair fund and establish a regional operator. The regional operator will carry out capital repairs using the funds that will go to the fund according to the plan, which will include each apartment building in the constituent entity of the Russian Federation. Such lists should be compiled by local governments. Registers (the regional program for the overhaul of common property in apartment buildings) will be in the public domain, and every citizen will be able to follow the progress of the queue for repairs.
The functions of the regional operator are:
1) accumulation of capital repairs contributions paid by the owners of premises in apartment buildings, in respect of which capital repairs funds are formed on the account, accounts of the regional operator;
2) opening special accounts in their own name and making transactions on these accounts if the owners of premises in an apartment building at a general meeting of owners of premises in an apartment building have chosen a regional operator as the owner of a special account. The regional operator is not entitled to refuse the owners of premises in an apartment building to open such an account in his name;
3) implementation of the functions of a technical customer of work on the overhaul of common property in apartment buildings, the owners of premises in which form overhaul funds on the account, accounts of the regional operator;
4) financing of expenses for the overhaul of common property in apartment buildings, the owners of premises in which form capital overhaul funds on the account, accounts of the regional operator, within the funds of these capital overhaul funds, with the involvement, if necessary, of funds received from other sources, including from the budget of the subject of the Russian Federation and (or) the local budget;
5) interaction with state authorities of the subject of the Russian Federation and local governments in order to ensure timely overhaul of common property in apartment buildings, the owners of premises in which form capital repair funds on the account, accounts of the regional operator;
6) other functions provided for by this Code, the law of the subject of the Russian Federation and the constituent documents of the regional operator.
The property of the regional operator is formed at the expense of:
1) contributions of the founder;
2) payments by owners of premises in apartment buildings, forming capital repair funds on the account, accounts of the regional operator;
3) other sources not prohibited by law.
Important! Funds received by the regional operator from the owners of premises in apartment buildings that form capital repair funds on the account, accounts of the regional operator, can only be used to finance the cost of major repairs of common property in these apartment buildings. The use of these funds for other purposes, including the payment of administrative and economic expenses of the regional operator, is not allowed.
Can a regional operator use funds received from the owners of one house to spend on major repairs of another house?
The Housing Code allows the funds received by the regional operator from the owners of premises in some apartment buildings, forming capital repair funds on the account, accounts of the regional operator, can be used on a return basis to finance the overhaul of common property in other multi-apartment buildings, the owners of the premises in which also form capital overhaul funds on the account, accounts of the same regional operator. At the same time, the law of the constituent entity of the Russian Federation may establish that such use of funds is allowed only if the said apartment buildings are located on the territory of a particular municipality or on the territories of several municipalities.
It seems that this fundraising option actually contradicts the Civil Code of the Russian Federation and the Constitution of the Russian Federation. As noted above, the owner bears the burden of maintaining his own property, but not someone else's. By general rule officials allow the use of collected funds from one house for the overhaul of another, according to the approved schedule. It remains only to guess how the queue will be formed, and who will receive assistance in the first place, and whose house will be repaired in 10 years.
Agreement on the formation of a capital repair fund and on the organization of a major overhaul
Owners who have made a decision to form a fund on the account of a regional operator are required to conclude an agreement with the regional operator on the formation of a capital repair fund and on the organization of a major repair.
At the same time, the owners of the premises in this apartment building, having more than fifty percent of the votes of the total number of votes of the owners of the premises in this apartment building, act as one party to the contract being concluded.
The regional operator ensures that capital repairs are carried out, including in the event of insufficient funds from the capital repairs fund, at the expense of funds received from payments from owners of premises in other apartment buildings that form capital repairs funds on the account, accounts of the regional operator, at the expense of subsidies received from the budget of the constituent entity of the Russian Federation and (or) the local budget.
The regional operator, in order to ensure the performance of major repairs, is obliged to:
1) prepare and send proposals related to the overhaul to the owners of premises in an apartment building;
2) ensure the preparation of a task for the provision of services and (or) the performance of major repairs and, if necessary, the preparation of project documentation for major repairs, approve the project documentation, be responsible for its quality and compliance with the requirements of technical regulations, standards and other normative documents;
3) engage contractors to provide services and (or) perform major repairs, conclude relevant contracts with them on their own behalf;
4) control the quality and timing of the provision of services and (or) performance of work by contractors and the compliance of such services and (or) works with the requirements of project documentation;
5) carry out acceptance of the work performed;
6) bear other obligations stipulated by the agreement on the formation of the overhaul fund and on the organization of the overhaul.
Accounting for capital repairs by a regional operator
In accordance with Article 183 of the Housing Code of the Russian Federation, the regional operator keeps records of funds received on the account, the accounts of the regional operator in the form of contributions for the overhaul of the owners of premises in apartment buildings, forming capital repair funds on the account, accounts of the regional operator (hereinafter referred to as the system for accounting for capital funds repair).
Such accounting is kept separately in relation to the funds of each owner of premises in an apartment building. Such records may be maintained electronically.
The capital repair fund accounting system includes, in particular, information on:
1) the amount of accrued and paid contributions for capital repairs by each owner of premises in an apartment building, debts for their payment, as well as the amount of interest paid;
2) the amount of funds allocated by the regional operator for the overhaul of common property in an apartment building, including the amount of the provided installment payment for services and (or) work on the overhaul of common property in an apartment building;
3) the amount of debt for the services rendered and (or) work performed on the overhaul of common property in an apartment building.
The regional operator, upon request, provides the above information to the owners of premises in an apartment building, as well as to the person responsible for managing this apartment building (homeowners association, housing cooperative or other specialized consumer cooperative, managing organization).
Responsibilities of the regional operator in organizing the overhaul of common property in apartment buildings
In accordance with Article 182 of the Housing Code of the Russian Federation, the regional operator provides:
- overhaul common property in an apartment building, the owners of the premises in which form a capital repair fund on the account of a regional operator, in the amount and within the time frame provided for by the regional capital repair program,
- overhaul financing common property in an apartment building, including in case of insufficient funds from the capital repair fund, at the expense of funds received from payments from owners of premises in other apartment buildings that form capital repair funds on the account, accounts of the regional operator, at the expense of subsidies received from the budget subject of the Russian Federation and (or) local budget.
Reimbursement to the regional operator of funds spent on capital repairs of common property in an apartment building in an amount exceeding the size of the capital repairs fund is carried out at the expense of subsequent contributions for capital repairs of the owners of premises in this apartment building.
The regional operator to the owners of premises in an apartment building who form a capital repair fund on the account of a regional operator is liable for non-fulfillment or improper fulfillment of obligations under the agreement on the formation of a capital repair fund and on the organization of capital repairs, as well as for the consequences of non-fulfillment or improper fulfillment of obligations under overhaul by contractors engaged by the regional operator.
Responsibility of the regional operator.
Losses caused to owners of premises in apartment buildings as a result of non-fulfillment or improper fulfillment by the regional operator of its obligations arising from contracts concluded with such owners in accordance with this Code and the laws of the constituent entities of the Russian Federation adopted in accordance with it, are subject to compensation in accordance with civil law .
The subject of the Russian Federation bears subsidiary liability for non-fulfillment or improper fulfillment by the regional operator of obligations to the owners of premises in apartment buildings.
Control over the activities of the regional operator.
The bodies of state financial control of the constituent entities of the Russian Federation and the bodies of municipal financial control of municipalities, the Accounts Chamber of the Russian Federation, control and accounting and financial authorities of the constituent entities of the Russian Federation and municipalities exercise financial control over the use by the regional operator of the funds of the relevant budgets in the manner established by the budget legislation of the Russian Federation .
What is the regional program for the overhaul of common property in apartment buildings?
Regional program for the overhaul of common property in apartment buildings- this is a document that 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, planning the provision of state support, municipal support for the overhaul of common property in apartment buildings at the expense of the budget of the constituent entity of the Russian Federation Federation, local budgets.
The regional program for the overhaul of common property in apartment buildings determines the deadlines for the owners of premises in such buildings and (or) the regional operator for the overhaul of apartment buildings.
The regional overhaul program is formed for the period necessary for the overhaul of common property in all apartment buildings located on the territory of the subject of the Russian Federation.
The regional overhaul program includes:1. A list of all apartment buildings located on the territory of a constituent entity of the Russian Federation, with the exception of apartment buildings recognized as emergency and subject to demolition.
2. List of services and (or) work on the overhaul of common property in apartment buildings;
3. The planned period for the overhaul of common property in apartment buildings.
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.
Opinion: According to the specialists of the Social Inquiry Foundation, the program will resemble a financial pyramid when the funds collected by the owners of the premises of one apartment building are directed towards the overhaul of other buildings. At the same time, in this situation, the owners of newer apartment buildings will sponsor the overhaul of older apartment buildings.
The sources of the budgets of the constituent entities of the Russian Federation, local budgets and their volume provided for co-financing of regional capital repairs programs are not entirely clear. After all, each budget has different possibilities, which will lead to an increase in the payment burden on the owners of apartment buildings.
The solution of these and other equally significant issues will entail many more discussions, and along with this, corruption schemes.
And if the house is not recognized as emergency, but is in very poor condition and its repair will require a very large amount of money?
In accordance with the regulatory legal act of the constituent entity of the Russian Federation, the regional capital repair program may not include apartment buildings, physical wear and tear of the main structural elements (roof, walls, foundation) 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 total living area exceeds the cost determined by the regulatory legal act of the subject 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.
Important! In accordance with the regulatory legal act of the constituent entity of the Russian Federation, houses with less than three apartments may also not be included in the regional capital repair program.
What are the criteria for prioritizing the inclusion of multi-family buildings in capital renovation programs?
In accordance with paragraph 3 of article 168 of the Housing Code, the criteria for selecting the priority of including apartment buildings in capital repairs programs are established by the law of the constituent entity of the Russian Federation. As a matter of priority, the regional overhaul program should provide for the overhaul of:
1) common property in multi-apartment buildings in which major repairs were required on the date of privatization of the first residential premises, provided that such major repairs were not carried out as of the date of approval or updating of the regional major repairs program;
2) apartment buildings, the overhaul of which is required in order to establish the need for a major overhaul of common property in an apartment building, approved by the Government of the Russian Federation.
In order to implement the regional overhaul 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, state bodies the authorities of the subject of the Russian Federation, local governments are obliged to approve short-term (up to three years) plans for the implementation of the regional capital repair program.
Amendments to the regional overhaul program that provide for postponement of the deadline overhaul of common property in an apartment building for a later period, reduction of the list of planned types of services and (or) work on overhaul of common property in an apartment building, not allowed, unless the owners of the premises in this apartment building make an appropriate decision.
The regional overhaul program is subject to updating at least once a year.
Can the owners, on their own initiative, make decisions on carrying out major repairs before the deadlines determined by the regional program? How will this affect the size? mandatory contribution for a major overhaul?
According to paragraph 4 of Article 181 of the Housing Code of the Russian Federation, in the event that before the deadline for the overhaul of common property in an apartment building established by the regional overhaul program, separate work was completed on the overhaul of common property in this house, provided for by the regional overhaul program, payment for these works was was carried out without the use of budgetary funds and funds of the regional operator, and at the same time, in order to establish the need for a major overhaul of common property in an apartment building, re-performance of these works within the time period established by the regional capital overhaul program is not required, funds in the amount equal to the cost of these works, but not more than the size of the marginal cost of these works, are counted in the manner prescribed by the law of the constituent entity of the Russian Federation, towards the fulfillment for the future period of obligations to pay contributions for capital repairs by the owners of premises in an apartment building form ruyuschie overhaul funds on the account, the accounts of the regional operator.
Who has the right to decide on a major overhaul?
In accordance with Art. 189 of the Housing Code of the Russian Federation overhaul of common property in an apartment building is carried out on the basis of a decision of the general meeting of owners premises in an apartment building.
Owners of premises in an apartment building Anytime has the right to make a decision on the overhaul of common property in an apartment building at the suggestion of:
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;
Regional operator;
Or on your own initiative.
Can owners refuse to repair or pay fees?
As for the repair, there is no clear indication of this in the law. But according to common sense - apparently, they can. Because it is their property. But what to do in this situation, how the fund will operate, what will happen to their savings - these issues have not been worked out in detail.
But, if the residents are inactive and do not respond to the proposal to carry out a major overhaul, then the district administration is authorized to make a decision on its implementation for them. As far as contributions are concerned, legal grounds homeowners do not have to refuse to pay them.
What is the time frame for a proposal for a major overhaul?
In accordance with Article 189 of the Housing Code of the Russian Federation not less than six months(unless a different period is established by a regulatory legal act of a constituent entity of the Russian Federation) before the start of the year during which the overhaul must be carried out common property in an apartment building in accordance with the regional capital repair program, the person managing the apartment building or the regional operator (in the event that the owners of premises in the apartment building form a capital repair fund on the account of the regional operator) submits proposals to the owners:
About the start of the overhaul,
The required list and the scope of services and (or) works, their cost,
On the procedure and sources of financing for the overhaul of common property in an apartment building,
And other proposals related to such a major overhaul.
Owners of premises in an apartment building not later than three months from the date of receipt of the above proposals are obliged to consider these proposals and take a decision at the general meeting.
By decision of the general meeting of owners of premises in an apartment building on the overhaul of common property in this apartment building, the following must be determined or approved:
1) a list of major repairs;
2) cost estimate for major repairs;
3) the timing of the overhaul;
4) sources of financing for capital repairs;
5) a person who, on behalf of all owners of premises in an apartment building, is authorized to participate in the acceptance of completed capital repairs, including signing the relevant acts.
If, within three months, the owners of premises in an apartment building, forming a capital repair fund on the account of a regional operator, have not decided to carry out a major overhaul of the common property in this apartment building, the local government decides to carry out such a major overhaul in accordance with the regional overhaul program and proposals from the regional operator.
The procedure for financing expenses for the overhaul of common property in an apartment building
In accordance with Art. 190 of the Housing Code of the Russian Federation, the regional operator provides financing for the overhaul of common property in an apartment building, the owners of the premises in which form the overhaul fund on the account of the regional operator.
The basis for the transfer by the regional operator of funds under a contract for the provision of services and (or) the performance of work on the overhaul of common property in an apartment building is an act of acceptance of the work performed (except for the case specified in part 3 of this article). Such an acceptance act must be agreed with the local government, as well as with a person who is authorized to act on behalf of the owners of premises in an apartment building (in the event that the overhaul of common property in an apartment building is carried out on the basis of a decision of the owners of premises in this apartment building).
The regional operator may pay as an advance no more than thirty percent of the cost of the relevant type of work on the overhaul of common property in an apartment building, including work on the development of project documentation or certain types of work on the overhaul of common property in an apartment building.
The amount of the marginal cost of services and (or) work on the overhaul of common property in an apartment building, which can be paid by the regional operator at the expense of the overhaul fund, formed on the basis of the minimum contribution for overhaul, is determined by the regulatory legal act of the constituent entity of the Russian Federation. Exceeding this marginal cost, as well as payment for services and (or) work not specified in Part 1 of Article 166 of the Housing Code of the Russian Federation and a regulatory legal act of a constituent entity of the Russian Federation, is carried out at the expense of the owners of premises in an apartment building, paid in the form of a contribution for major repairs in excess of the minimum contribution for major repairs.
Measures of state support, municipal support for capital repairs
What to do if there is not enough money in the overhaul fund, and the owners of the apartment building have not decided to increase the contribution for overhaul?
In accordance with Article 191 of the Housing Code of the Russian Federation, capital repairs of common property in apartment buildings, including apartment buildings that are not subject to inclusion in the regional capital repair program in accordance with the regulatory legal act of a constituent entity of the Russian Federation, may be financed using financial measures. support at the expense of the federal budget, the budget of the constituent entity of the Russian Federation, the local budget in the manner and on the terms provided for, respectively, by federal laws, laws of the constituent entities of the Russian Federation, municipal legal acts.
Measures of state support, municipal support for major repairs are provided regardless of the method used by the owners of premises in an apartment building to form the capital repairs fund.
The quality of work on the overhaul of a residential building
A contractor performing a major overhaul of a house must ensure the quality of the work performed, in accordance with building codes and regulations, as well as in accordance with the Decree of the Gosstroy of the Russian Federation of September 27, 2003 No. 170 “On approval of the Rules and norms for the technical operation of the housing stock”.
The said document lists the requirements for the overhaul of residential buildings, as well as the parameters and conditions for the safety of people and the safety of a residential building, which the building structures of this house must meet.
Control over the quality of the work being done should be carried out primarily by the person who has entered into a major overhaul agreement (a homeowners association or a regional operator). In addition, the authorized state bodies of housing and construction control have the right to exercise control.
Housing control service
The Construction Supervision and Housing Control Service, Article 20 of the Housing Code of the Russian Federation, is authorized to supervise:
formation of capital repair funds;
activities of the regional operator.
Inspections of the activities of regional operators are carried out at any frequency and without the formation of an annual plan for scheduled inspections. The period of inspections is not limited. Unscheduled inspections of regional operators are carried out without the consent of the prosecutor's office and without prior notification of regional operators about such inspections.
The owner of a special account is obliged to submit to the body of state housing supervision:
Notification of the method of formation of the capital repair fund chosen by the owners of the premises in the relevant apartment building;
Information on the receipt of contributions for major repairs from the owners of the premises, on the amount of the balance of funds on a special account.
The regional operator is obliged to provide the Service with information on apartment buildings, the owners of premises in which form capital repair funds on the account, accounts of the regional operator, as well as on the receipt of contributions for capital repairs from the owners of premises in such apartment buildings.
maintains a register of notices,
maintains a register of special accounts,
informs the local self-government body and the regional operator about multi-apartment buildings, the owners of the premises in which did not choose the method of forming capital repair funds and (or) did not implement it.
provides information, which is collected, to the federal executive body.
Powers of state authorities of the constituent entities of the Russian Federation on issues of overhaul of common property in apartment buildings
In accordance with Article 167 of the Housing Code of the Russian Federation, the state authorities of a 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 a 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;
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) establishes the procedure for the payment by the owner of a special account and (or) the regional operator of capital repair fund funds to owners of premises in an apartment building, as well as the procedure for using capital repair fund funds 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.
Information about what is included in the overhaul of an apartment building will be 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 start preparing regulatory documents that would 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 - in Moscow or in another region the house is located;
- 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 an 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.
Measures that are being implemented current repair, contains 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.
