Do we have to pay for overhaul services? Is it legal to charge a fee for the overhaul of apartment buildings

According to which owners of housing in an apartment building (more than three) will be charged for overhaul dwellings.

Overhaul includes the repair of foundations, facades, roofs, elevators and basements, as well as the replacement of electrical wiring and in-house engineering systems.

Contribution, as well as a receipt for payment utility bills, comes to the mailbox. Its size depends on in which subject of the Russian Federation the dwelling is located, as well as on its type and area.

This was necessary because the number of houses in emergency or dilapidated condition has sharply increased in Russia, and state programs are not able to fully pay for their restoration.

The funds collected from the owners are sent to a special fund overhaul and will be added to existing programs.

Is it necessary to pay these bills?

According to federal law each owner is obliged to participate in the collection of funds for overhaul, since they are included in the standard payment documents for housing and communal services (Article 169.1 of the Housing Code of the Russian Federation).

If he does not pay receipts on time, or does not do this at all - penalties will begin to accrue if payment is not made by the 20th day of the current month (for the past month).

If the owner constantly ignores receipts, debt (including penalties) can be collected through the court. Also, along with the debt, he will have to pay legal costs.

No one can evict a defaulter from an apartment, but various restrictions will apply, including a ban on leaving the country.

Renovating your home does not relieve you of your fundraising responsibility. They will "accumulate" until the next time.

From what age and up to what age is the fee charged?

You can become the owner of an apartment from birth, but you can fully manage the property and make payments and transactions after reaching the age of majority. Who pays for major repairs apartment building and from what age?

Since it is the responsibility of the owners to take care of the dwelling, maintain it and the common premises in an apartment building (Article 30, Clause 1 of the Housing Code of the Russian Federation), the citizen who is the owner must pay for major repairs from the age of eighteen.

In December 2015, draft law N 399-FZ was adopted, according to which the regions will be able to decide on their own whether pensioners will pay the contribution. So people over the age of 80 can count on 100% compensation for expenses.

It is valid for pensioners living alone and for families that consist of non-working people. retirement age(art. 169 part 2.1)

Compensation in the amount of 50% of the cost will be provided to people who have reached the age of 70, disabled people of the first and second groups, Chernobyl victims, disabled children, persons supporting disabled children (Federal Law of June 29, 2015 No. 176-FZ).

In addition, it is worth paying attention to the age of a particular house, the older it is, the more it needs restoration. Therefore, the amount in the receipt will be more.

For new homes, the law provides for a reduced rate. the federal law No. 176-FZ admits that residents of new buildings put into operation after the approval of the program may not pay these receipts.

For how long is determined by the regions themselves, but it should not be more than 5 years.

Who should pay for major repairs: the owner or the tenant?

The grounds on which the tenant can live in a residential area:

1. Municipal or service housing. If the tenant lives in a municipal housing, then he is obliged to keep it in proper condition, pay utility and other payments on time, as well as current expenses for the maintenance of common property. These responsibilities are defined in the contract of social employment. But the overhaul is carried out at the expense of the owner of the housing stock.
2. Privatization. If the apartment was privatized by the tenant, then he is also obliged to keep the living space in good condition, but no one has the right to force him to take part in raising funds for major repairs.
3. Renting a dwelling. Who should pay for the overhaul in this case? Without the consent of the owner, the tenant cannot make alterations or reconstruction, therefore, the payment of accruals from him should not be charged. This is the responsibility of the owner.

Who pays for major repairs in an apartment building - the owner or the tenant?

Based on this, You cannot demand payment for the overhaul of a dwelling from the tenant. Many owners who rent apartments believe that this amount is included in utility bills, but this is a delusion.

How legal are these contributions?

Since these payments are established by law (part 1 of article 158 of the LC RF) - they are mandatory for all citizens of the Russian Federation. And, as mentioned, certain sanctions may be imposed for non-payment.

But since not all payers will wait for repairs (death, sale or other reasons), in October 2015, a lawsuit was filed with the Constitutional Court of the Russian Federation by a group of deputies. In it, they expressed their demand to fix the fact that tenants have to pay for the maintenance of someone else's property.

April 2016 fundraising for the "common piggy bank" was recognized as absolutely legal. It was also decided to reconsider the sequence of work in residential premises, according to the objective condition of the houses.

In addition, this order can be challenged in court.

Summing up, we can say that Contributions for the overhaul of a dwelling are completely legal and obligatory for payment.

And who pays for major repairs in an apartment building? If you are a renter, you are a tenant, you must understand that it is not your concern to pay for these receipts. This is solely the responsibility of the owners.

The Housing Code of the Russian Federation states that homeowners are required to accumulate funds that can be spent on the renovation and restoration of an apartment building in the future.

Most citizens were outraged by the next "extortions", people tried to shirk contributions, swear, write complaints. According to law do not pay for major repairs only certain categories of citizens are allowed (this will be discussed below), but almost everyone can minimize the cost of contributions, for this you need to know some nuances.

Capital repairs: to pay or not?

How legitimate are the demands for payment of contributions for major repairs, is probably of interest to all citizens of our vast country.

AT apartment buildings often breakouts sewer pipes, wall collapses and other emergencies. Such cases not only unsettle people, but also bear human casualties. The state does not finance such issues, which means that the owners of the home, that is, you and I, should take care of safety and comfort. But is it legal? Do I need to pay for major repairs in 2018?

Speaking in simple and understandable language, then:

• according to Art. 169 of the Housing Code of the Russian Federation, residents must independently collect money for the repair of the house in which they live;
• according to Article 157.1 of the Housing Code of the Russian Federation, all homeowners must contribute funds for major repairs to a special fund;
• according to the law, it is allowed not to pay for the overhaul of apartment buildings to veterans of the Great Patriotic War, disabled people of group I, the poor and large families.

All other citizens are required to pay for major repairs. If this is not done, then the municipality will start making phone calls, as well as sending notifications to the address of the homeowner that it is necessary to pay off the debt that has arisen due to non-payment of major repairs.

How longer man will not pay contributions, the more penalties will have to be paid later. They are charged for every 30 days of delay.

If within 6 months the owner of the housing does not respond to the requests of the municipality, then the case is referred to the judicial authorities. During the proceedings, a person will have to prove that he did not pay the overhaul contributions legally. If this does not work out, then the citizen will have to pay not only the debt and accrued penalties, but also the money spent on litigation.

How to legally not pay for major repairs in 2018

It will not be possible to completely avoid paying for major repairs, but it is quite possible to significantly reduce this item of expenditure. To do this, you can resort to the following tricks:

1. To rent an apartment. Many people use this option. Renting out housing, you can oblige tenants to pay for major repairs. After all, they are in this moment live in the house, which means they must take care of their comfort and safety.
2. Some residents of apartment buildings, in order to save the family budget, carry out restoration work on your own. With this approach, you won’t be able to spend money at all, since you will have to buy materials and tools for work.
3. Place a banner on the facade of an apartment building. This option is good for major cities. Residents get the opportunity to legally not pay for major repairs, thanks to the fact that the funds for placing the banner are sent to a fund that collects money for restoration and restoration.

As you can see refuse to pay for major repairs legally real. The main thing is to try a little. If you simply do not deposit funds due to personal reluctance, then you can “earn” an administrative penalty.

Any houses eventually collapse and become unusable. All residents are well aware that over time, the house in which they live needs to be repaired. For such purposes, funds are collected for. But who should pay for it?

Is it necessary to pay?

« Capital repairs of apartment buildings: to pay or not?”- this is the question that residents of houses that need major repairs torment themselves with.

Residents of our capital believe that the payment of contributions for the overhaul of premises is not a mandatory action on the part of citizens. In their opinion, this is contrary to the Constitution of Russia. They took the matter to the district court. They consider unfair distribution Money. The fact is that funds for capital repairs of houses are collected, and “foreign” houses are repaired with this money, according to the queue.

Citizens fear that until, in a few years, the turn comes to their house, the money collected for repairs will depreciate and there will be no funds to repair their own house. Such payments to the home improvement fund, in their opinion, should not be mandatory at all, since the funds are non-profit. And according to the law, such contributions must be made on a voluntary basis. As a result, voluntary contributions can in no way be mandatory.

According to citizens, if the house was not repaired at the expense of budget funds prior to the privatization of residential premises, then the obligations of management companies should remain. And the subsequent repairs will be carried out at the expense of the owners.

It should also be noted that currently current law allows residents to open an individual account and accumulate funds individually only for their own home.

By law, a person has the right to pay or not pay for any service. However, beforehand, he has the opportunity to check whether it suits him or not, and only after that pay. Consider the most elementary example of how the payment of contributions for the overhaul of an apartment building usually takes place.

Let's say a person wants to buy a TV. He comes to the store, chooses one, but then checks whether the equipment is in working order. And only after he is convinced of this, he acquires it and pays for the cost of the goods. The same goes for major renovations.

Many citizens are dissatisfied, they believe that the prices for major repairs are too high, that in general such actions contradict their civil rights, so paying for major repairs often becomes an “acute” problem for residents. However, at the moment the law is in force and it is necessary to pay. Unfortunately, if earlier it was possible to evade this type of payment by simply not paying it, then at present it is impossible to do so. So the answer to the question: “Should I pay for a major home renovation?” must be positive.

The new column in the payment documents provides for a mandatory payment for major repairs. If citizens do not pay on time, then a fine will be charged. And as you understand, the payment for major repairs will only increase.

Contributions for major repairs and the constitutional court

At the beginning of this year, residents of many cities were shocked, a rare and amazing event. The thing is that the review was sent to the constitutional court, and the sender was the Prosecutor General's Office. The prosecutor's office considered that the fees that they are trying to collect from the population are unconstitutional and violate the rights of citizens.
The group of deputies who became the initiators believes:

1. Illegal payment for the maintenance of property and payments wages for employees of regional operators. It turns out that the citizens who pay contributions for major repairs practically support them.
2. The transfer of funds between the accounts of the owners is a direct obligation of the state to the owners and nothing more.
   It turns out that those owners who have set up their own personal account and those who monthly transfer to the general account of the regional operator are placed in completely different conditions.

The fact is that the second group of residents cannot dispose of the funds of the general balance and practically does not have the right to vote. In addition, there is no full refund, there is simply no such mechanism.

The prosecutor's office of the Ministry of Justice, Finance and Construction, as well as housing and communal services responded to this appeal as follows:

1. Contributions for major repairs are collected in the interests of homeowners, so their constitutional rights are not violated. Also, tenants at any time can convene a meeting at which they can discuss and decide how to form the fund.
2. Funds for major repairs do not go to the budget, and they are not taxes. With these contributions, real organizations are already doing, and will do in the future, capital repairs of residential premises.
3. Since all the cash contributions that have already been received by the fund cease to be the own funds of the homeowners who have transferred them, then, therefore, there is absolutely no need to coordinate their disposal with the residents of the houses.

Thus, capital repairs contributions are structural as there is a valid law on capital repairs contributions. After this statement, the Prosecutor General's Office withdrew its letter. To avoid questions from residents of houses, such as: “Do I need to pay to the capital repair fund?” She considered it necessary to carry out additional improvements.

Pay money now, and you will get beauty in the house in 30-40 years. And do not try to shirk, otherwise we will calculate the fine and go to court. So, in short, one can characterize the law on overhaul, which excites the minds of Russians in recent times. Let's figure it out: an overhaul contribution, is it legal?

Recall that a new column in the expenses of homeowners was introduced by the revised in June 2015 Federal Law No. 271-FZ “On Amendments to the Housing Code Russian Federation and certain legislative acts of the Russian Federation and invalidation separate provisions legislative acts of the Russian Federation". This legislative document obliged the Russians to deduct a fixed amount every month for the overhaul of the house.

In the USSR, overhaul of housing in most cases was carried out with public money. The exception was cooperative houses, in which the burden of restoration work fell on the shoulders of housing cooperatives. After the collapse of the USSR and the mass privatization of housing, about 85% of the multi-apartment fund became the property of citizens. The remaining 15% included departmental housing and apartments, the residents of which have not yet been puzzled by privatization.

This state of affairs led to the fact that the state ceased to be responsible for the overhaul, and the solution of the problem was brought down to the regions. In some places were created specialized funds, collecting money from the population for overhaul, in others, the republican, regional and regional authorities did not bother with such things, and residents of apartment buildings could only demand overhaul from the HOA.

To bring order to the confusion and vacillation and the law on the overhaul of apartment buildings was called. Now, in each region, funds have been formed that accumulate funds for overhaul.

Further, the accumulated money is planned to be spent on houses that are in the most deplorable condition. Simple arithmetic shows that, on average, the turn for overhaul for most high-rise buildings will come up only after a few decades. This situation causes a storm of indignation among people who do not believe in the long-term promises of those in power.

Calculation procedure

The updated Housing Code of the Russian Federation prescribes a mechanism for raising funds for the repair of emergency houses. In particular, it obliges citizens to pay appropriate contributions to local special funds. Both homeowners and owners of commercial real estate located in apartment buildings (usually the ground floors are given away for places of sale of goods and services) should be thrown into the common boiler for the overhaul of common property.

When calculating the amount in the payment for overhaul, the age of the building and the presence of an elevator are taken into account. However general scheme the formation of a receipt is the same for the whole country - the area of ​​\u200b\u200bthe premises is multiplied by a certain coefficient. But the size of this coefficient is set locally. By the way, often these calculations cause no less bewilderment among the population than the imposed fees for overhaul. For example, the difference in the coefficient in such cities with similar living standards as Moscow and St. Petersburg exceeds 10 rubles. And this, we recall, from one square meter.

According to the law, funds for the overhaul of high-rise buildings can only be spent on the restoration of common property. The interpretation of this term is given by part 1 of article 36 of the Housing Code of the Russian Federation:

1. Common areas.
   • Stair flights.
   • Elevator shafts.
   • Corridors.
   • Technical floors, as well as basements, where engineering communications are located.
2. Enclosing load-bearing structures.
   • Foundation.
   • Bearing walls.
   • Floor slabs.
   • Bearing columns.
3. Enclosing non-bearing structures in common areas.
   • Windows and doors.
   • Walls separating residential from non-residential.
   • External entrance doors.
   • Roof railings, balconies and verandas.
4. Roofs.
   • 4.1. Roof of an apartment building.
   • 4.2. Roofing of outbuildings, if they are given for general use.
5. Household equipment.
   • Systems of cold and hot water supply, as well as drainage.
   • Gas supply.
   • Heating.
   • Power supply.
   • Ventilation system.
   • Garbage chute.
   • Elevator equipment.
   • Fire system.

As such, homeowners and commercial property owners cannot expect to upgrade their personal property through renovation fees.

You can't refuse to pay

The practice of mandatory payments against future recovery introduced at the legislative level multi-storey buildings will definitely be further developed. There are too many obscure places and opaque moments in it that open the way for abuse and outright theft. However, they demand money from the Russians every month, without waiting for changes and additions to the regulations. Therefore, many people naturally ask themselves: a capital repair contribution - is it legal?

As Part 14.1 of Article 155 of the Housing Code of the Russian Federation prescribes, payments for major repairs must be paid on a par with receipts for housing and communal services. If a person regularly ignores this payment, then such measures of influence as the accrual of penalties (note that the amount is 1/300 of the refinancing rate of the Central Bank of the Russian Federation), going to court and then to the bailiff service can be applied to him. Further, bailiffs can initiate an arrest or seizure of property, impose a ban on traveling abroad, and even collect an enforcement fee in the amount of 7% of the debt (but not less than 1,000 rubles).

A few days ago, the first "zhirki" came to Nizhny Novgorod with a new line - "contribution (tax) for major repairs." The amounts are rather big - from 250 rubles to 630. Disciplined payers immediately ran to pay all this to the post office and savings banks, where another surprise awaited them - they would have to pay a rather strong commission, from 30 to 50 rubles. But the worst thing is that people are driving themselves into a trap with this first payment! Why? Let's figure it out.

The problem of an unfair program fell into view Union of homeowners of the Nizhny Novgorod region, whose activists decided to teach everyone how not to be deceived. The topic of the next meeting of the Union, which we happened to attend, was how to convey to more Nizhny Novgorod the truth about the overhaul.

Natalya Shartanova

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

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

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

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

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

Olga Shishkina

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

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

– It's about about the violation of the procedure, which means we can go to court, - Olga Shishkina continues, - How it all happened in March: you received a payment order with a new column and two barcodes, you were sent for clarification to the circulation of "zhirovki", and from there - to a website on the Internet. And already on this site you can see the contract. The very day you received the receipt is the date your rights were violated. You take a receipt and go to court with it, and explain this way: “I don’t have the Internet, I don’t know how to use it. And I ask for a house common boiler confiscate, because no one came to us and did not hold meetings.”

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

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

Sergey Sinitsin

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

To be honest, we doubted the reality of such statements. None of the people we interviewed saw such announcements in Nizhny Novgorod.

“I saw photographs in which everything is recorded,” Sinitsin continues to insist, “Perhaps people just read and ripped off these announcements. In addition, we have published 150,000 brochures and held 149 training seminars. In our region, 11 percent of houses have switched to a special account. This is the largest percentage in the Volga Federal District.

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

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

Photo by Irina Elagina